Senate Bill S465A

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

                                 465--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. NOZZOLIO, MAZIARZ -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Codes -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend  the  penal  law,  in relation to issuing permits for
  consumer use of fireworks

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 405.02 to
read as follows:
S 405.02 PERMITS FOR OUTDOOR USE OF CERTAIN CONSUMER FIREWORKS.
  1. NOTWITHSTANDING THE PROVISIONS OF SECTION 270.00  OF  THIS  CHAPTER
CONSUMER  FIREWORKS AS DEFINED IN THIS SECTION MAY BE POSSESSED AND USED
OUTDOORS BY A PERSON HOLDING A VALID PERMIT ISSUED BY  A  LOCAL  MUNICI-
PALITY UNDER THIS SECTION.
  2.  THE  PERMIT AUTHORITY OF A CITY, VILLAGE OR TOWN MAY UPON APPLICA-
TION IN WRITING AND THE PAYMENT OF A REASONABLE FEE,  AS  DETERMINED  BY
THE PERMITTING AUTHORITY, ISSUE A PERMIT FOR THE OUTDOOR USE OF CONSUMER
FIREWORKS.  A  PERMIT MAY BE ISSUED TO A PERSON WHO IS EIGHTEEN YEARS OF
AGE OR OLDER AND HAS VALID PROOF OF COMPLETION OF A  CONSUMER  FIREWORKS
SAFETY COURSE WITHIN THE PAST THREE YEARS, PURSUANT TO SUBDIVISION THREE
OF  THIS SECTION.   THE PERMIT AUTHORITY SHALL RESERVE THE RIGHT TO DENY
OR REVOKE ANY PERMIT FOR ANY LEGITIMATE REASON INCLUDING, BUT NOT LIMIT-
ED TO, SPACE, WEATHER, NOISE, COMPETING EVENT(S) OR OTHER.
  3. THE CONSUMER FIREWORKS SAFETY COURSE MUST BE TAUGHT BY A  FIREWORKS
GROUP,  ORGANIZATION  OR COMPANY RECOGNIZED BY THE AMERICAN PYROTECHNICS
ASSOCIATION. UPON THE COMPLETION OF  SUCH  SAFETY  COURSE,  A  PROOF  OF
COMPLETION  SHALL  BE ISSUED AND SHALL BE VALID FOR THREE YEARS FROM THE
DATE OF ISSUANCE.
  4. "CONSUMER FIREWORKS" SHALL MEAN AND INCLUDE:

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

                                                           LBD00619-05-1

S. 465--A                           2

  (A) ANY COMBUSTIBLE OR  EXPLOSIVE  COMPOSITION  OR  ANY  SUBSTANCE  OR
COMBINATION  OF  SUBSTANCES,  INTENDED TO PRODUCE VISIBLE AND/OR AUDIBLE
EFFECTS BY COMBUSTION; AND
  (B)  WHICH  IS  SUITABLE  FOR  USE BY THE PUBLIC BY COMPLYING WITH THE
CONSTRUCTION, PERFORMANCE, COMPOSITION AND LABELING REQUIREMENTS PROMUL-
GATED BY THE CONSUMER PRODUCTS  SAFETY  COMMISSION  (CPSC)  IN  16  CFR,
RELATING  TO COMMERCIAL PRACTICE, OR ANY SUCCESSOR REGULATION, AND WHICH
COMPLIES WITH THE PROVISIONS FOR "CONSUMER FIREWORKS" AS DEFINED IN  THE
AMERICAN  PYROTECHNICS  ASSOCIATION  (APA)  STANDARD  87-1, 2001 EDITION
3.1.1.1 THROUGH 3.1.1.8, 3.1.2.3 THROUGH 3.1.2.5 AND 3.2.1 THROUGH 3.2.5
OR ANY SUCCESSOR STANDARD.
  5. THE USE AND POSSESSION OF CONSUMER FIREWORKS SHALL NOT  BE  SUBJECT
TO  THE  PROVISIONS  OF  PART 61 OF TITLE 12 OF THE NYCRR OR TO SECTIONS
FOUR HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED  EIGHT-
Y-THREE OF THE GENERAL BUSINESS LAW.
  6.  ANY  PERMIT ISSUED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO
PERMIT:
  (A) THE USE OF FIRECRACKERS, CHASERS,  SKY  ROCKETS,  BOTTLE  ROCKETS,
MISSILE  TYPE ROCKETS OR RELOADABLE TUBE AERIAL SHELL KITS AS DEFINED IN
APA SECTIONS 87-1, 3.1.2.1 THROUGH 3.1.2.2 AND 3.1.2.6  THROUGH  3.1.3.2
AND  IN  16  CFR,  S405,  AND  GROUND  BASED FIREWORKS AS DEFINED IN APA
SECTIONS 87-1, 3.1.1.1 THROUGH 3.1.1.8 AND 3.2.1 THROUGH 3.25; OR
  (B) THE HOLDER TO VIOLATE ANY LOCAL ORDINANCES.
  7. THIS SECTION SHALL NOT APPLY TO CITIES WITH A POPULATION  OVER  ONE
MILLION OR MORE PEOPLE.
  S  2.  Subdivision 2 of section 270.00 of the penal law, as amended by
chapter 180 of the laws of 1997, is amended to read as follows:
  2. Offense. (a) Except as herein otherwise provided, or except where a
permit is obtained pursuant to section 405.00 OR 405.02; (i) any  person
who  shall  offer or expose for sale, sell or furnish,  any fireworks 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 OR  405.02,  any  person  who  shall
possess,  use,  explode  or  cause to explode any fireworks or dangerous
fireworks is guilty of a violation.
  (ii) A person who shall offer or expose for sale, sell or furnish, any
dangerous fireworks to any person who is under the age  of  eighteen  is
guilty of a class A misdemeanor.
  (iii)  A  person  who  has previously been convicted of a violation of
subparagraph (ii) of this paragraph within the preceding five years  and
who shall offer or expose for sale, sell or furnish, any dangerous fire-
works 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.
  S 3. Section 405.00 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
  6. SECTION NOT APPLICABLE TO CONSUMER  FIREWORKS.  THE  PROVISIONS  OF
THIS SECTION SHALL NOT APPLY TO THE USE AND POSSESSION OF CONSUMER FIRE-
WORKS AS SUCH TERM IS DEFINED IN SECTION 405.02 OF THIS ARTICLE.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.