STATE OF NEW YORK
________________________________________________________________________
6683
IN SENATE
February 4, 2016
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the sale and possession of
fireworks in certain cities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 405.00 of the penal law, as
2 amended by chapter 477 of the laws of 2014, is amended to read as
3 follows:
4 5. Local ordinances superseded. (a) All local ordinances regulating or
5 prohibiting the display of fireworks are hereby superseded by the
6 provisions of this section. Every city, town or village shall have the
7 power to enact ordinances or local laws regulating or prohibiting the
8 use, or the storage, transportation or sale for use of fireworks in the
9 preparation for or in connection with television broadcasts.
10 (b) Further, no city or county shall be bound to include "sparkling
11 device" in the definitions of "fireworks" and "dangerous fireworks" in
12 section 270.00 of this chapter, if such city or county shall so author-
13 ize the exemption of "sparkling device" by law. If any such city or
14 county so elects, it and such other local jurisdictions that lie within
15 its geographical boundaries shall not enact any other local law that is
16 inconsistent with the provisions of subparagraph (iv) of paragraph (c)
17 of subdivision one of section 270.00 of this chapter, nor to regulate
18 sparkling devices in a manner that is in conflict with the provisions of
19 NFPA 1124, 2006 edition.
20 (c) Notwithstanding paragraph (b) of this subdivision, any city wholly
21 contained within the county of Orange may enact a local law to include
22 "sparkling device" within the definitions of "fireworks" and "dangerous
23 fireworks" as defined in section 270.00 of this chapter, notwithstanding
24 any local law enacted by such county that authorizes the exemption of
25 "sparkling device" from such definition.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13977-01-6
