Bill S4529D-2011

Relates to offenses relating to possession or sale of fireworks, sparkling devices and ammunition

Relates to offenses relating to possession or sale of fireworks, sparkling devices and ammunition.

Details

Actions

  • Jun 22, 2011: SUBSTITUTED BY A4362C
  • Jun 22, 2011: ORDERED TO THIRD READING CAL.1516
  • Jun 22, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 17, 2011: PRINT NUMBER 4529D
  • Jun 17, 2011: AMEND (T) AND RECOMMIT TO CODES
  • Jun 6, 2011: PRINT NUMBER 4529C
  • Jun 6, 2011: AMEND AND RECOMMIT TO CODES
  • Jun 2, 2011: PRINT NUMBER 4529B
  • Jun 2, 2011: AMEND AND RECOMMIT TO CODES
  • May 10, 2011: PRINT NUMBER 4529A
  • May 10, 2011: AMEND AND RECOMMIT TO CODES
  • Apr 11, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 22, 2011
Ayes (15): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Smith
Ayes W/R (3): Breslin, Montgomery, Stewart-Cousins
Nays (6): Dilan, Duane, Hassell-Thompson, Krueger, Parker, Perkins

Memo

BILL NUMBER:S4529D

TITLE OF BILL: An act to amend the penal law and the executive law, in relation to offenses relating to possession or sale of fireworks, sparkling devices and ammunition

PURPOSE: This bill is intended to modernize the statute dealing with illegal fireworks, provide additional definitions of what constitutes fireworks and dangerous fireworks and clarify that certain novelty devices, which are not recognized as fireworks by the federal government are treated similarly by the state of New York. The bill also increases the penalty for the unlawful possession of dangerous fireworks, which are capable of causing serious physical injury.

SUMMARY OF PROVISIONS: Section one of this bill amends subdivision 1 of section 270.00 of the penal law to remove from its definition of "Fireworks" and "Dangerous Fireworks" sparkling devices, novelties, toy caps, and similar devices as defined by APA Standard 87-1, 2001 edition. In addition to being removed from the definition of "Fireworks" and "Dangerous Fireworks" this section also removes sparkling devices, novelties, toy caps, and similar devices as defined by APA Standard 87-1, from the definition of explosives and pyrotechnics.

Additionally this section provides definitions for "display fireworks", "articles pyrotechnic" and "special effects", all of which are included under the definition of "Fireworks." It also provides what the term "fireworks" and "dangerous fireworks" shall not be deemed to include, such as flares, sparkling devices and other novelties.

Section two of the bill adds Article 271 "Offenses Relating to Possession of Sale of Fireworks and Ammunition" to the penal law. Section 271.05 defines the crime of criminal possession or sale of fireworks or dangerous fireworks in the second degree. Includes sale, sell, or furnish display fireworks without a required permit or sale, sell, or furnish sparkling devices or novelties or similar devices to any person who is under the age of eighteen. Provides a penalty of a class B misdemeanor.

Section 271.10 defines the crime of criminal possession or sale of fireworks or dangerous fireworks in the first degree. Includes sale, sell, or furnish of any fire-works or dangerous fireworks valued at five hundred dollars or more without a required permit or sale, sell, or furnish sparkling devices, novelties, novelties or similar devices to any person who is under the age of eighteen. Provides penalty of a class A misdemeanor.

Section 271.15 defines the crime of unlawful possession of fireworks to occur whenever when a person shall possess, use, explode, or cause

to explode fireworks or dangerous fireworks. Provides a penalty of a violation.

Section 271.20 defines the crime of aggravated sale of fireworks or dangerous fireworks to a minor. Occurs when a person commits a crime defined in section 271.05 or 271.10 of this article within five years of being convicted of committing a crime defined in section 271.05 or 271.10 of this article. Provides a penalty of a class E felony.

Section 271.25 provides the presumption that criminal possession of fireworks or display fireworks valued at one hundred fifty dollars means that such fireworks were intended to be offered or exposed for sale.

Section 271.30 and also Section 4 of the bill describes the limitations of application of the above mentioned provisions. Included in these limitations is a prohibition of the manufacture, sale or use of sparkling devices in cities with a population of one million or more.

Section 5 provides for the licensure for the manufacture, distribution, wholesale and retail of sparkling devices in New York State. And also, all retailers of such products must register annually with the state.

EXISTING LAW: Section 270.00 of the penal law was derived from section 1844-a of the Penal Law of 1909 which was enacted into law in 1940. In 1997 certain fireworks were reclassified as "dangerous fireworks". These fireworks are capable of causing serious physical injury and include torpedoes, skyrockets, Roman candles and bombs. Current law penalizes as a violation the possession or use of fireworks or dangerous fireworks, and penalizes as a class B misdemeanor the sale of fireworks or dangerous fireworks. Any person who sells fireworks or dangerous fireworks valued at $500 or more, or who sells dangerous fireworks to a minor, is guilty of a class R misdemeanor. Finally, any person who, within the past five years has previously been convicted of the sale of dangerous fireworks, is guilty of a class E felony.

JUSTIFICATION: The current law has not been used effectively in part because of poor definitions. Courts have thrown out indictments because of poor definitions of the term fireworks. This bill strengthens those definitions. In addition very few arrests and convictions have been obtained under the current statute. Since 1996, 63 convictions have been obtained Statewide. In 1999 and 2000 only five convictions were obtained.

By modernizing the statute and clearly defining fireworks, dangerous fireworks and novelty devices, the bill will provide law enforcement with an important tool in reducing the use of illegal fireworks and homemade devices and encouraging the use of safe and legally regulated novelty devices. The amendments provide for technical changes to the definitions of "explosive composition" and "pyrotechnic composition." They also update the current definition of sparkler's as either wood stick or wire, and define hand held or

ground based sparkling devices (also known as cone or cylindrical fountain sparklers) as a separate category of fireworks.

The Consumer Products Safety Commission, hereinafter, CPSC, has outlawed sparkler's containing magnesium, so that definition is deleted and a definition of these. devices based upon the weight of the pyrotechnic composition as used by both the CPSC and the United States Department of Transportation is substituted. Explosive or aerial sparkling devices are added to the list of dangerous fireworks and the provision making sparklers more than ten inches in length or one-fourth of an inch in diameter is deleted, as these sparklers would now be judged by weight of pyrotechnic composition, not length or size. Sparklers would still be defined as fireworks and still be banned without an appropriate. permit, assuming the weight requirement was met. To meet the concerns of the City of New York, the definition of novelty devices is subdivided into four separate categories and all novelty devices would still be deemed fireworks and prohibited by this legislation in cities with a population in excess of one million.

In other areas of the state, possession and sale of these items would be permitted. A second category would include hand held and ground based. sparkling devices which are non-explosive and non··aerial and which contain small amounts of pyrotechnic composition. These devices, also called fountain sparklers, although permitted to be manufactured, possessed and sold by the CPSC, are items subject to special shipping, storage and handling requirements by the federal government and admittedly are currently prohibited by state statute. This amended bill would permit these items to be possessed and sold in New York State.

However, as to cities with a population of one million or more, these items would continue to be deemed "fireworks" and prohibited in such city by th e provisions of this amendment. A third category would include toy pistols and toy caps which currently are not considered fireworks under the Penal Law. The last category of novelty devices includes trick noisemakers, including party Poppers, snappers and drop pops containing very small amounts of explosive composition. It is believed these item S, very similar to toy cap guns, are not covered by the current statute and their legal status statewide needs to be clarified.

The amendment also prohibits the sale of snakes, glow worms, smoke devices and small wood stick or wire sparklers to minors under the age of sixteen and prohibits the sale of fountain sparklers to minor's under the age of eighteen. Pursuant to the amendments, repeat sales to a minor of these items subjects the offender to felony prosecution. Since the article how prohibits the possession and sale of certain novelty devices in the City of New York and the sale of certain novelty devices to a minor, the exemption of novelty devices from application of the proposed article contained in section 271.30 of the bill is removed.

LEGISLATIVE HISTORY: A.9006B of 2009-2010 - amend (t) and recommit to codes

FISCAL IMPLICATIONS: To be determined. There will be considerable revenue from state sales tax and vendor registration fees.

LOCAL FISCAL IMPLICATIONS: Possible additional sales tax revenues. There will become law enforcement efficiency due to more clear definition of terms.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4529--D 2011-2012 Regular Sessions IN SENATE April 11, 2011 ___________
Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to offenses relating to possession or sale of fireworks, sparkling devices and ammunition THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1, 2, and 3 of section 270.00 of the penal law, as amended by chapter 180 of the laws of 1997, are amended to read as follows: 1. Definition of "fireworks" and "dangerous fireworks". (A) The term "fireworks," as used in this section, [is defined and declared to be and to include any blank cartridge, blank cartridge pistol, or toy cannon in which explosives are used, firecrackers, spark- lers or other combustible or explosive of like construction, or any preparation containing any explosive or inflammable compound or any tablets or other device commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or any compound containing any of the same or other explosives, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detona- tion, or other device containing any explosive substance and the] INCLUDES: (I) DISPLAY FIREWORKS, WHICH MEANS FIREWORKS DEVICES IN A FINISHED STATE, EXCLUSIVE OF MERE ORNAMENTATION, PRIMARILY INTENDED FOR COMMER-
CIAL DISPLAYS WHICH ARE DESIGNED TO PRODUCE VISIBLE AND/OR AUDIBLE EFFECTS BY COMBUSTION, DEFLAGRATION OR DETONATION, INCLUDING, BUT NOT LIMITED TO, SALUTES CONTAINING MORE THAN 130 MG (2 GRAINS) OF EXPLOSIVE COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI- TION EXCLUSIVE OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY ITEMS THAT EXCEED THE LIMITS OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN PYRO- TECHNIC ASSOCIATION (APA) STANDARD 87-1, 2001 EDITION; (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES- SIONAL USE SIMILAR TO CONSUMER FIREWORKS IN CHEMICAL COMPOSITION AND CONSTRUCTION BUT NOT INTENDED FOR CONSUMER USE AND WHICH ARTICLES MEET THE WEIGHT LIMITS FOR CONSUMER FIREWORKS BUT ARE NOT LABELED AS SUCH AND ARE CLASSIFIED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN 49 CFR 172.101 AS UN0431; (III) SPECIAL EFFECTS, WHICH MEANS ANY COMBINATION OF CHEMICAL ELEMENTS OR CHEMICAL COMPOUNDS CAPABLE OF BURNING INDEPENDENTLY OF THE OXYGEN OF THE ATMOSPHERE, AND DESIGNED AND INTENDED TO PRODUCE AN AUDI- BLE, VISUAL, MECHANICAL, OR THERMAL EFFECT AS AN INTEGRAL PART OF A MOTION PICTURE, RADIO, TELEVISION, THEATRICAL, OR OPERA PRODUCTION, OR LIVE ENTERTAINMENT; (IV) CONSUMER FIREWORKS WHICH ARE AERIAL IN PERFORMANCE AND ARE COMMONLY REFERRED TO AS SKY ROCKETS, BOTTLE ROCKETS, MISSILE TYPE ROCK- ETS, HELICOPTERS, AERIAL SPINNERS, ROMAN CANDLES, MINES, SHELL DEVICES, AERIAL SHELL KITS, RELOADABLES AND AUDIBLE GROUND DEVICES WHICH ARE COMMONLY REFERRED TO AS FIRECRACKERS AND CHASERS; AND (V) IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, THE TERM "FIREWORKS" SHALL ALSO INCLUDE ANY BLANK CARTRIDGE, BLANK CARTRIDGE PISTOL, OR TOY CANNON IN WHICH EXPLOSIVES ARE USED, FIRECRACKERS, SPARK- LERS OR OTHER COMBUSTIBLE OR EXPLOSIVE OF LIKE CONSTRUCTION, OR ANY PREPARATION CONTAINING ANY EXPLOSIVE OR INFLAMMABLE COMPOUND OR ANY TABLETS OR OTHER DEVICE COMMONLY USED AND SOLD AS FIREWORKS CONTAINING NITRATES, CHLORATES, OXALATES, SULPHIDES OF LEAD, BARIUM, ANTIMONY, ARSENIC, MERCURY, NITROGLYCERINE, PHOSPHORUS OR ANY COMPOUND CONTAINING ANY OF THE SAME OR OTHER EXPLOSIVES, OR ANY SUBSTANCE OR COMBINATION OF SUBSTANCES, OR ARTICLE PREPARED FOR THE PURPOSE OF PRODUCING A VISIBLE OR AN AUDIBLE EFFECT BY COMBUSTION, EXPLOSION, DEFLAGRATION OR DETONA- TION, OR OTHER DEVICE CONTAINING ANY EXPLOSIVE SUBSTANCE. (B) THE term "dangerous fireworks" means any fireworks capable of causing serious physical injury and which are: firecrackers containing more than fifty milligrams of any explosive substance, torpedoes, skyrockets and rockets including all devices which employ any combusti- ble or explosive substance and which rise in the air during discharge, Roman candles, AND bombs, PROVIDED, HOWEVER, THAT IN CITIES WITH A POPU- LATION OF ONE MILLION OR MORE, THE TERM "DANGEROUS FIREWORKS" SHALL ALSO INCLUDE sparklers more than ten inches in length or one-fourth of one inch in diameter, or chasers including all devices which dart or travel about the surface of the ground during discharge. (C) "Fireworks" and "dangerous fireworks" shall not be deemed to include [(1)] THE FOLLOWING NOR SHALL THE PURCHASE AND USE OF ANY ITEMS LISTED BELOW BE SUBJECT TO THE PROVISIONS OF SECTION 61 OF TITLE 12 OF THE NEW YORK STATE CODES, RULES AND REGULATIONS OR SECTION FOUR HUNDRED EIGHTY, FOUR HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED EIGHTY-THREE OF THE GENERAL BUSINESS LAW: (I) flares of the type used by railroads or any warning lights common- ly known as red flares, or marine distress signals of a type approved by the United States coast guard, or
[(2)] (II) toy pistols, toy canes, toy guns or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for use, and toy pistol paper caps which contain less than twenty-hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times, or [(3)] (III) bank security devices which contain not more than fifty grams of any compound or substance or any combination thereof, together with an igniter not exceeding 0.2 gram, capable of producing a lachry- mating and/or visible or audible effect, where such device is stored or used only by banks, national banking associations, trust companies, savings banks, savings and loan associations, industrial banks, or cred- it unions, or by any manufacturer, wholesaler, dealer, jobber or common carrier for such devices and where the total storage on any one premises does not exceed one hundred devices. (C-1) EXCEPT IN CITIES WITH A POPULATION OF ONE MILLION OF MORE, "FIREWORKS" AND "DANGEROUS FIREWORKS" SHALL NOT BE DEEMED TO INCLUDE THE FOLLOWING, NOR SHALL THE PURCHASE AND USE OF ANY ITEMS LISTED BELOW BE SUBJECT TO THE PROVISIONS OF SECTION 61 OF TITLE 12 OF THE NEW YORK STATE CODES, RULES AND REGULATIONS OR SECTION FOUR HUNDRED EIGHTY, FOUR HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED EIGHTY-THREE OF THE GENERAL BUSINESS LAW: (I) SPARKLING DEVICES WHICH ARE GROUND-BASED OR HAND-HELD DEVICES THAT PRODUCE A SHOWER OF WHITE, GOLD, OR COLORED SPARKS AS THEIR PRIMARY PYROTECHNIC EFFECT. ADDITIONAL EFFECTS MAY INCLUDE A COLORED FLAME, AN AUDIBLE CRACKLING EFFECT, AN AUDIBLE WHISTLE EFFECT, AND SMOKE. THESE DEVICES DO NOT RISE INTO THE AIR, DO NOT FIRE INSERTS OR PROJECTILES INTO THE AIR, AND DO NOT EXPLODE OR PRODUCE A REPORT (AN AUDIBLE CRACK- LING-TYPE EFFECT IS NOT CONSIDERED TO BE A REPORT). GROUND-BASED OR HAND-HELD DEVICES THAT PRODUCE A CLOUD OF SMOKE AS THEIR SOLE PYROTECH- NIC EFFECT ARE ALSO INCLUDED IN THIS CATEGORY. TYPES OF DEVICES IN THIS CATEGORY INCLUDE: (A) CYLINDRICAL FOUNTAIN: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 75 G OF PYROTECHNIC COMPOSITION THAT MAY BE CONTAINED IN A DIFFERENT SHAPED EXTERIOR SUCH AS A SQUARE, RECTANGLE, CYLINDER OR OTHER SHAPE BUT THE INTERIOR TUBES ARE CYLINDRICAL IN SHAPE. UPON IGNITION, A SHOWER OF COLORED SPARKS, AND SOMETIMES A WHISTLING EFFECT OR SMOKE, IS PRODUCED. THIS DEVICE MAY BE PROVIDED WITH A SPIKE FOR INSERTION INTO THE GROUND (SPIKE FOUNTAIN), A WOOD OR PLASTIC BASE FOR PLACING ON THE GROUND (BASE FOUNTAIN), OR A WOOD OR CARDBOARD HANDLE TO BE HAND HELD (HANDLE FOUN- TAIN). WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON BASE, TOTAL PYRO- TECHNIC COMPOSITION MAY NOT EXCEED 200 G, AND WHEN TUBES ARE SECURELY ATTACHED TO A BASE AND THE TUBES ARE SEPARATED FROM EACH OTHER ON THE BASE BY A DISTANCE OF AT LEAST HALF AN INCH (12.7 MILLIMETERS), A MAXI- MUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION SHALL BE ALLOWED. (B) CONE FOUNTAIN: CARDBOARD OR HEAVY PAPER CONE CONTAINING NOT MORE THAN 50 G OF PYROTECHNIC COMPOSITION. THE EFFECT IS THE SAME AS THAT OF A CYLINDRICAL FOUNTAIN. WHEN MORE THAN ONE CONE IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT EXCEED 200 G, AS IS OUTLINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH. (C) ILLUMINATING TORCH: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 100 G OF PYROTECHNIC COMPOSITION THAT PRODUCES A COLORED FLAME UPON IGNITION AND MAY HAVE A SPIKE, BASE, OR HAND HELD FOUNTAIN. WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT EXCEED 200 G, AS IS OUTLINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
(D) WHEEL: PYROTECHNIC DEVICE INTENDED TO BE ATTACHED TO A POST OR TREE BY MEANS OF A NAIL OR STRING WHICH MAY HAVE ONE OR MORE DRIVERS, EACH OF WHICH MAY CONTAIN NOT MORE THAN 60 G OF PYROTECHNIC COMPOSITION. NO WHEEL MAY CONTAIN MORE THAN 200 G OF TOTAL PYROTECHNIC COMPOSITION. UPON IGNITION, THE WHEEL REVOLVES, PRODUCING A SHOWER OF COLOR AND SPARKS AND, SOMETIMES, A WHISTLING EFFECT. (E) GROUND SPINNER: SMALL DEVICE CONTAINING NOT MORE THAN 20 G OF PYROTECHNIC COMPOSITION, VENTING OUT AN ORIFICE USUALLY ON THE SIDE OF THE TUBE AND IS SIMILAR IN OPERATION TO A WHEEL BUT INTENDED TO BE PLACED FLAT ON THE GROUND AND IGNITED. A SHOWER OF SPARKS AND COLOR IS PRODUCED BY THE RAPIDLY SPINNING DEVICE. (F) FLITTER SPARKLER: NARROW PAPER TUBE ATTACHED TO A STICK OR WIRE AND FILLED WITH NOT MORE THAN 5 G OF PYROTECHNIC COMPOSITION THAT PRODUCES COLOR AND SPARKS UPON IGNITION. THE PAPER AT ONE END OF THE TUBE IS IGNITED TO MAKE THE DEVICE FUNCTION. (G) TOY SMOKE DEVICE: SMALL PLASTIC OR PAPER ITEM CONTAINING NOT MORE THAN 100 G OF PYROTECHNIC COMPOSITION THAT, UPON IGNITION, PRODUCES WHITE OR COLORED SMOKE AS THE PRIMARY EFFECT. TOY SMOKE DEVICES, WHEN COMPLYING WITH THE PROVISIONS OF THIS SECTION, ARE CLASSED AS FIREWORKS, 1.4G UNLESS CLASSED AS 1.4S OR NOT REGULATED AS AN EXPLOSIVE ON THE BASIS OF EXAMINATION AND TESTING AS SPECIFIED IN TITLE 49 CFR, S 173.56. (H) WIRE SPARKLER/DIPPED STICK: THESE DEVICES CONSIST OF A METAL WIRE OR WOOD DOWEL THAT HAS BEEN COATED WITH PYROTECHNIC COMPOSITION. UPON IGNITION OF THE TIP OF THE DEVICE, A SHOWER OF SPARKS IS PRODUCED. SPARKLERS MAY CONTAIN UP TO 100 G OF PYROTECHNIC COMPOSITION PER ITEM. (I) MULTIPLE TUBE DEVICES CONTAINING MORE THAN ONE CARDBOARD TUBE: THE IGNITION OF ONE EXTERNAL FUSE CAUSES ALL OF THE TUBES TO FUNCTION IN SEQUENCE. THE TUBES ARE EITHER INDIVIDUALLY ATTACHED TO A WOOD OR PLAS- TIC BASE, OR ARE DENSE-PACKED AND ARE HELD TOGETHER BY GLUE, WIRE, STRING, OR OTHER MEANS THAT SECURELY HOLDS THE TUBES TOGETHER DURING OPERATION. THE WEIGHT OF CHEMICAL COMPOSITION PER TUBE IS LIMITED TO THE WEIGHT LIMIT FOR THE SPECIFIC TYPE OF DEVICE IN THE TUBE. THE CONNECTING FUSES ON MULTIPLE TUBE DEVICES MUST BE FUSED IN SEQUENCE SO THAT THE TUBES FIRE SEQUENTIALLY RATHER THAN ALL AT ONCE. WHEN THE TUBES ARE SECURELY ATTACHED TO A WOOD OR PLASTIC BASE, AND THE TUBES ARE SEPARATED FROM EACH OTHER ON THE BASE BY A DISTANCE OF AT LEAST HALF AN INCH (12.7 MILLIMETERS), A MAXIMUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION SHALL BE PERMITTED FOR APPROVAL AS 1.4G, OR (II) NOVELTIES WHICH DO NOT REQUIRE APPROVAL FROM USDOT AND ARE NOT REGULATED AS EXPLOSIVES, PROVIDED THAT THEY ARE MANUFACTURED AND PACK- AGED AS DESCRIBED BELOW: (A) PARTY POPPER: SMALL DEVICES WITH PAPER OR PLASTIC EXTERIORS THAT ARE ACTUATED BY MEANS OF FRICTION (A STRING OR TRIGGER IS TYPICALLY PULLED TO ACTUATE THE DEVICE). THEY FREQUENTLY RESEMBLE CHAMPAGNE BOTTLES OR TOY PISTOLS IN SHAPE. UPON ACTIVATION, THE DEVICE EXPELS FLAME-RESISTANT PAPER STREAMERS, CONFETTI, OR OTHER NOVELTIES AND PRODUCES A SMALL REPORT. DEVICES MAY CONTAIN NOT MORE THAN 16 MG (0.25 GRAINS) OF EXPLOSIVE COMPOSITION, WHICH IS LIMITED TO POTASSIUM CHLORATE AND RED PHOSPHORUS. THESE DEVICES MUST BE PACKAGED IN AN INNER PACKAGING WHICH CONTAINS A MAXIMUM OF SEVENTY-TWO DEVICES. (B) SNAPPER: SMALL, PAPER-WRAPPED DEVICES CONTAINING NOT MORE THAN ONE MILLIGRAM OF SILVER FULMINATE COATED ON SMALL BITS OF SAND OR GRAVEL. WHEN DROPPED, THE DEVICE EXPLODES, PRODUCING A SMALL REPORT. SNAPPERS MUST BE IN INNER PACKAGES NOT TO EXCEED FIFTY DEVICES EACH, AND THE INNER PACKAGES MUST CONTAIN SAWDUST OR A SIMILAR, IMPACT-ABSORBING MATE- RIAL.
(C) TOY SMOKE DEVICES: SMALL DEVICES CONSISTING OF CORK-LIKE SPHERES, OR CARDBOARD OR PLASTIC TUBES, CONTAINING NOT MORE THAN 5 G OF PYROTECH- NIC COMPOSITION THAT PRODUCES A SMALL CLOUD OF SMOKE AFTER ACTIVATION. THE DEVICES ARE TYPICALLY IGNITED BY MEANS OF SAFETY FUSE. THE OUTER CONFIGURATION IS USUALLY A SPHERE (SMOKE BALL), CYLINDRICAL TUBE, OR PAPER CONE. THE CHEMICAL COMPOSITION FOR WHITE SMOKE CONSISTS OF POTAS- SIUM NITRATE AND SULFUR, WHILE COLORED SMOKES ARE PRODUCED BY MIXTURES CONSISTING OF POTASSIUM CHLORATE, SULFUR OR SUGAR, AND A SUBLIMABLE ORGANIC DYE. MIXTURES CONTAINING POTASSIUM CHLORATE MUST ALSO CONTAIN A NEUTRALIZER/COOLANT SUCH AS SODIUM BICARBONATE. TO BE ELIGIBLE FOR UNREGULATED STATUS, THESE DEVICES MUST PRODUCE SMOKE AS THEIR SOLE PYRO- TECHNIC EFFECT FOLLOWING IGNITION, AND MUST BE PACKAGED IN INNER UNITS CONTAINING A MAXIMUM OF SEVENTY-TWO DEVICES. (D) SNAKES, GLOW WORM: PRESSED PELLETS OF PYROTECHNIC COMPOSITION THAT CONTAIN 2 G OR LESS OF COMPOSITION PER ARTICLE. UPON BURNING, THEY PRODUCE A SNAKE-LIKE ASH THAT EXPANDS IN LENGTH AS THE PELLET BURNS. CHEMICAL COMPOSITIONS VARY, BUT TYPICALLY CONTAIN AMMONIUM PERCHLORATE, NITRATE PITCH, ASPHALTUM, AND SIMILAR CARBONACEOUS MATERIALS. THESE DEVICES ARE LIMITED TO A MAXIMUM OF TWENTY-FIVE PELLETS PER INNER PACK- AGE IN ORDER TO BE TRANSPORTED AS NOT REGULATED DEVICES. (E) WIRE SPARKERS/DIPPED STICKS: THESE DEVICES CONSIST OF A METAL WIRE OR WOOD DOWEL THAT HAS BEEN COATED WITH PYROTECHNIC COMPOSITION. UPON IGNITION OF THE TIP OF THE DEVICE, A SHOWER OF SPARKS IS PRODUCED. SPARKLERS MAY CONTAIN UP TO 100 G OF COMPOSITION PER ITEM. SPARKLERS TYPICALLY USE BARIUM NITRATE AS THE OXIDIZER, WITH ALUMINUM AND DEXTRINE AS FUELS. IRON FILINGS PRODUCE THE SPARK EFFECT. COLOR-PRODUCING SPARK- LERS USE POTASSIUM PERCHLORATE AS AN OXIDIZER. ANY SPARKLER CONTAINING A CHLORATE OR PERCHLORATE OXIDIZER IS LIMITED TO A MAXIMUM OF 5 G OF COMPOSITION PER ARTICLE. SPARKLERS MUST BE PACKAGED IN INNER PACKAGING THAT CONTAIN EIGHT DEVICES OR LESS TO BE TRANSPORTED AS NOT REGULATED DEVICES, OR (III) TOY PLASTIC OR PAPER CAPS FOR TOY PISTOLS IN SHEETS, STRIPS, ROLLS, OR INDIVIDUAL CAPS, CONTAINING NOT MORE THAN AN AVERAGE OF 0.25 GRAINS (16 MG) OF EXPLOSIVE COMPOSITION PER CAP. TOY CAPS ARE DESCRIBED AS TOY CAPS NA0037 AND CLASSED AS 1.4S. TOY CAPS SHALL ONLY BE APPROVED FOR TRANSPORTATION USING THE PROCEDURE SPECIFIED IN TITLE 49 CFR, S 173.56(B). 2. Offense. (a) Except as herein otherwise provided, or except where a permit is obtained pursuant to section 405.00 OF THIS CHAPTER; (i) any person who shall offer or expose for sale, sell or furnish, any fire- works or dangerous fireworks is guilty of a class B misdemeanor; (ii) any person who shall offer or expose for sale, sell or furnish any fireworks or dangerous fireworks valued at five hundred dollars or more shall be guilty of a class A misdemeanor; [(b) (i) Except as herein otherwise stated, or except where a permit is obtained pursuant to section 405.00,] (III) any person who shall possess, use, explode or cause to explode any fireworks or dangerous fireworks is guilty of a violation[.]; [(ii) A] (IV) ANY person who shall offer or expose for sale, sell or furnish, any dangerous fireworks, FIREWORKS OR DEVICES AS DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS SECTION to any person who is under the age of eighteen is guilty of a class A misdemeanor. [(iii)] (B) A person who has previously been convicted of a violation of subparagraph [(ii)] (IV) of [this] paragraph (A) OF THIS SUBDIVISION within the preceding five years and who shall offer or expose for sale,
sell or furnish, any dangerous fireworks to any person who is under the age of eighteen, shall be guilty of a class E felony. (c) Possession of fireworks or dangerous fireworks valued at ONE HUNDRED fifty dollars or more shall be a presumption that such fireworks were intended to be offered or exposed for sale. 3. [The provisions of this section shall not apply to articles of the kind and nature herein mentioned, while in possession of railroads and transportation agencies for the purpose of transportation to points without the state, the shipment of which is not prohibited by the inter- state commerce commission regulations as formulated and published from time to time, unless the same be held voluntarily by such railroads or transportation companies as warehousemen for delivery to points within the state; provided, that none of the provisions of this section shall apply to signaling devices used by railroad companies or motor vehicles referred to in subdivision seventeen of section three hundred seventy- five of the vehicle and traffic law, or to high explosives for blasting or similar purposes; provided that none of the provisions of this section shall apply to fireworks or dangerous fireworks and the use thereof by the army and navy departments of the state and federal government; nor shall anything in this act contained be construed to prohibit any manufacturer, wholesaler, dealer or jobber from manufactur- ing, possessing or selling at wholesale such fireworks or dangerous fireworks to municipalities, religious or civic organizations, fair associations, amusement parks, or other organizations or groups of indi- viduals authorized to possess and use fireworks or dangerous fireworks under this act, or the sale or use of blank cartridges for a show or theatre, or for signal purposes in athletic sports, or for dog trials or dog training, or the use, or the storage, transportation or sale for use of fireworks or dangerous fireworks in the preparation for or in connection with television broadcasts; nor shall anything in this act contained be construed to prohibit the manufacture of fireworks or dangerous fireworks, nor the sale of any kind of fireworks or dangerous fireworks, provided the same are to be shipped directly out of the state.] EXCEPTIONS. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO: (I) FIREWORKS, DANGEROUS FIREWORKS, AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS SECTION WHILE IN POSSESSION OF RAIL- ROADS, COMMON OR CONTRACT CARRIERS, RETAILERS, WHOLESALERS, DISTRIBU- TORS, JOBBERS AND TRANSPORTATION COMPANIES OR TRANSPORTATION AGENCIES FOR THE PURPOSE OF TRANSPORTATION TO POINTS WITHOUT THE STATE, THE SHIP- MENT OF WHICH IS NOT PROHIBITED BY INTERSTATE COMMERCE COMMISSION REGU- LATIONS AS FORMULATED AND PUBLISHED FROM TIME TO TIME, UNLESS THEY BE HELD VOLUNTARILY BY SUCH RAILROADS, COMMON OR CONTRACT CARRIERS, RETAIL- ERS, WHOLESALERS, DISTRIBUTORS, JOBBERS AND TRANSPORTATION AGENCIES OR TRANSPORTING COMPANIES AS WAREHOUSEMEN FOR DELIVERY TO POINTS WITHIN THE STATE; (II) SIGNALING DEVICES USED BY RAILROAD COMPANIES OR MOTOR VEHICLES REFERRED TO IN SUBDIVISION SEVENTEEN OF SECTION THREE HUNDRED SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW; (III) HIGH EXPLOSIVES FOR BLASTING OR SIMILAR PURPOSES; (IV) FIREWORKS, DANGEROUS FIREWORKS AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS SECTION FOR THE USE THEREOF BY THE UNITED STATES MILITARY, AND DEPARTMENTS OF THE STATE AND FEDERAL GOVERN- MENT; (V) THE USE, TRANSPORTATION AND STORAGE OF FIREWORKS, DANGEROUS FIRE- WORKS AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS
SECTION AND SPECIAL EFFECTS MATERIALS IN CONNECTION WITH THE PRODUCTION OF MOTION PICTURES, TELEVISION PROGRAMS, COMMERCIALS, AND ALL ENTER- TAINMENT MEDIA RECORDED IN ANY CURRENT OR TO BE DESIGNED FORMAT WHEN SUCH USE, TRANSPORTATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY THE LOCAL GOVERNMENTAL SUBDIVISION HAVING JURISDICTION. (B) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT: (I) ANY MANUFACTURER, WHOLESALER, RETAILER, DEALER OR JOBBER FROM MANUFACTURING, POSSESSING OR SELLING AT WHOLESALE A DEVICE DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS SECTION TO MUNICIPALITIES, RELIGIOUS OR CIVIC ORGANIZATIONS, FAIR ASSOCIATIONS, AMUSEMENT PARKS, OR OTHER ORGANIZATIONS AUTHORIZED BY THE STATE TO STORE, TRANSPORT, POSSESS AND USE OR TO INDIVIDUALS TO STORE, TRANSPORT, POSSESS AND USE; (II) THE SALE OR USE OF BLANK CARTRIDGES FOR A MOTION PICTURE, TELE- VISION PROGRAM, COMMERCIAL AND ALL ENTERTAINMENT MEDIA, OR FOR SIGNAL PURPOSES IN ATHLETIC SPORTS, OR FOR DOG TRIALS OR DOG TRAINING; (III) THE USE, STORAGE, TRANSPORTATION OR SALE OR TRANSFER FOR USE OF FIREWORKS AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS SECTION IN THE PREPARATION FOR OR IN CONNECTION WITH MOTION PICTURES, TELEVISION PROGRAMS, COMMERCIALS, AND ALL ENTERTAINMENT MEDIA RECORDED IN ANY CURRENT OR TO BE DEIGNED FORMAT WHEN SUCH USE, TRANSPOR- TATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY THE LOCAL GOVERN- MENTAL SUBDIVISION HAVING JURISDICTION; OR (IV) THE MANUFACTURE OR SALE OF DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS SECTION PROVIDED THEY ARE TO BE SHIPPED DIRECTLY OUT OF SUCH CITY AND ANY SUCH ITEMS ARE SOLD IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. S 2. Subdivision 5 of section 405.00 of the penal law is amended to read as follows: 5. Local ordinances superseded. (A) All local ordinances regulating or prohibiting the display of fireworks are hereby superseded by the provisions of this section. Every city, town or village shall have the power to enact ordinances or local laws regulating or prohibiting the use, or the storage, transportation or sale for use of fireworks in the preparation for or in connection with television broadcasts. (B) FURTHER, NO CITY, MUNICIPALITY OR OTHER LOCAL JURISDICTION SHALL ENACT A LOCAL LAW THAT IS INCONSISTENT WITH THE PROVISIONS OF SECTION 270.00 OF THIS CHAPTER NOR TO REGULATE DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF SECTION 270.00 OF THIS CHAPTER THAT IS IN CONFLICT WITH THE PROVISIONS OF NFPA 1124, 2006 EDITION ONLY. S 3. This act shall take effect immediately.

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