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Assembly Bill A9455

Signed By Governor

2015-2016 Legislative Session

Relates to the sale and possession of fireworks in certain cities

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Archive: Last Bill Status - Signed by Governor

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2015-A9455 (ACTIVE) - Details

See Senate Version of this Bill:
S6683
Law Section:
Penal Law
Laws Affected:
Amd ยง405.00, Pen L

2015-A9455 (ACTIVE) - Summary

Permits a city wholly within the county of Orange to opt out of a county law permitting the sale and possession of sparklers.

2015-A9455 (ACTIVE) - Bill Text download pdf 

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

                                  9455

                          I N  A S S E M B L Y

                              March 4, 2016
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee 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:

  Section  1.  Subdivision  5  of  section  405.00  of the penal law, as
amended by chapter 477 of the laws  of  2014,  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 Local ordinances superseded.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prohibiting  the  display  of  fireworks  are  hereby  superseded by the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 or county shall be bound to include "sparkling
device" in the definitions of "fireworks" and "dangerous  fireworks"  in
section  270.00 of this chapter, if such city or county shall so author-
ize the exemption of "sparkling device" by law.  If  any  such  city  or
county  so elects, it and such other local jurisdictions that lie within
its geographical boundaries shall not enact any other local law that  is
inconsistent  with  the provisions of subparagraph (iv) of paragraph (c)
of subdivision one of section 270.00 of this chapter,  nor  to  regulate
sparkling devices in a manner that is in conflict with the provisions of
NFPA 1124, 2006 edition.
  (C) NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION, ANY CITY WHOLLY
CONTAINED  WITHIN  THE COUNTY OF ORANGE MAY ENACT A LOCAL LAW TO INCLUDE
"SPARKLING DEVICE" WITHIN THE DEFINITIONS OF "FIREWORKS" AND  "DANGEROUS
FIREWORKS" AS DEFINED IN SECTION 270.00 OF THIS CHAPTER, NOTWITHSTANDING
ANY  LOCAL  LAW  ENACTED BY SUCH COUNTY THAT AUTHORIZES THE EXEMPTION OF
"SPARKLING DEVICE" FROM SUCH DEFINITION.
  S 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

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