senate Bill S4529D

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

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

Summary

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

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Bill Details

See Assembly Version of this Bill:
A4362C
Versions:
S4529
S4529A
S4529B
S4529C
S4529D
Legislative Cycle:
2011-2012
Law Section:
Penal Law
Laws Affected:
Amd §§270.00 & 405.00, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
A9006B, S5932B, A9006B

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4529--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05241-13-1

S. 4529--D                          2

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

S. 4529--D                          3

  [(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.

S. 4529--D                          4

  (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.

S. 4529--D                          5

  (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,

S. 4529--D                          6

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

S. 4529--D                          7

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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