Relates to authorizing the sale and possession of sparkling devices outside of cities with a population of one million or more; removes requirement that localities authorize sparkling devices in their jurisdictions; authorizes counties to opt out if they pass a local law.
STATE OF NEW YORK
________________________________________________________________________
2290--C
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
___________
Introduced by M. of A. MORELLE, LUPARDO -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to amend the penal law, in relation to authorizing the sale and
possession of sparkling devices outside of cities with a population of
one million or more
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (iv) of paragraph (c) of subdivision 1 and
2 subparagraph (v) of paragraph (b) of subdivision 3 of section 270.00 of
3 the penal law, as added by chapter 477 of the laws of 2014, are amended
4 to read as follows:
5 (iv) except in cities with a population of one million or more, [in
6 those counties and cities that opt by local law pursuant to paragraph
7 (b) of subdivision five of section 405.00 of this chapter,] "fireworks"
8 and "dangerous fireworks" shall not be deemed to include "sparkling
9 devices" as defined in subparagraph (vi) of paragraph (a) of this subdi-
10 vision. The storage and retail sale of sparkling devices shall be regu-
11 lated in a manner that is not in conflict with the provisions of NFPA
12 1124, 2006 edition.
13 (v) except in cities with a population of one million or more,
14 possession of sparkling devices lawfully obtained in [a jurisdiction
15 that did opt by local law pursuant to paragraph (b) of subdivision five
16 of section 405.00 of this chapter to exclude "sparkling devices" from
17 the definitions of "fireworks" and "dangerous fireworks", for the
18 purpose of lawful use in another jurisdiction that did opt by local law
19 pursuant to paragraph (b) of subdivision five of section 405.00 of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00926-15-7
A. 2290--C 2
1 chapter to exclude "sparkling devices" from the definitions of "fire-
2 works" and "dangerous fireworks". The superintendent of state police
3 shall annually publish a list of those jurisdictions that have opted by
4 local law pursuant to paragraph (b) of subdivision five of section
5 405.00 of this chapter to exclude "sparkling devices" from the defi-
6 nitions of "fireworks" and "dangerous fireworks"] another jurisdiction.
7 § 2. Paragraphs (b) and (c) of subdivision 5 of section 405.00 of the
8 penal law, paragraph (b) as amended and paragraph (c) as added by chap-
9 ter 458 of the laws of 2016, are amended to read as follows:
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.] Notwithstanding any inconsistent provision of
20 law, a county may enact a local law to prohibit the sale and use of
21 "sparkling devices", as such term is defined in section 270.00 of this
22 chapter, provided, however, any such local law shall not establish:
23 (i) an offense greater than a violation for a person who shall use,
24 explode or cause to be exploded a sparkling device; or
25 (ii) an offense greater than a class B misdemeanor for a person who
26 shall offer or expose for sale, sell or furnish a sparkling device
27 valued at less than five hundred dollars unless such offer, sale or
28 furnishing is to a person less than eighteen years of age.
29 (c) Notwithstanding paragraph (b) of this subdivision, any city wholly
30 contained within the county of Orange may enact a local law to [include
31 "sparkling device" within the definitions of "fireworks" and "dangerous
32 fireworks"] prohibit the sale and use of "sparkling devices" as defined
33 in section 270.00 of this chapter, in accordance with subparagraphs (i)
34 and (ii) of paragraph (b) of this subdivision, notwithstanding [any
35 local law enacted by] that such county [that authorizes the exemption of
36 "sparkling device" from such definition] has not enacted a local law to
37 prohibit the sale and use of such sparkling devices.
38 § 3. This act shall take effect on the ninetieth day after it shall
39 have become a law.
