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Montgomery County Seal!RESOLUTION NO. 58 of 2015

DATED: March 24, 2015
     

RESOLUTION ADOPTING LOCAL LAW 2 OF 2015 - A LOCAL LAW OF THE COUNTY Of MONTGOMERY, NEW YORK, ALLOWING FOR COMMON, SAFE ITEMS TO BE EXCLUDED FROM THE DANGEROUS FIREWORKS DEFINITION AS PERMITTED BY NEW YORK STATE PENAL LAW SECTION 405 (b) (OFFICE OF THE LEGISLATURE)


Resolution by Legislator:   Wheeler
Seconded by: Dimond

RESOLVED, that Local Law 2 of 2015 hereby is submitted to the Montgomery County Legislature for consideration:


BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF MONTGOMERY AS FOLLOWS:


SECTION 1. LEGISLATIVE INTENT AND ENACTMENT
 
A.  WHEREAS, on November 21, 2014 Governor Cuomo signed into law Chapter 477 of the Laws of 2014 (S.7888/A10141).


B.  WHEREAS, this state law amended the State Penal Law, the Executive Law and the General Business Law placing further restrictions on dangerous fireworks while at the same time recognizing that certain fireworks should not be labeled dangerous when they pose little to no danger to the public and by labeling them dangerous only restricts business and personal enjoyment.


C.  WHEREAS, the Governor signed this version of the bill into law in part due to its strong home rule authority, only allowing for certain fireworks to be sold and used in municipalities that affirmatively enact a local law authorizing such action.
 
D.  In keeping with Chapter 477 of the Laws of 2014, and Penal Code Section 405 this Board further finds and determines that “sparkler devices” may be sold and enjoyed, only in the manner described below, within Montgomery County.


E.  This Board finds that allowing our residents the use of safe “sparkler devices” will benefit them and our local businesses.


F.  This Board further finds that the sale and use of “sparkler devices” is permitted with the following restrictions:


     1.  Sales will only be permitted on or between June 1st through July 5th and December 26th and January 2nd of each calendar year.
     2.  All distributors manufacturers and retailers must be licensed though the New York Department of State.
     3.  Only those over the age of 18 may purchase said products.


SECTION 2. DEFINITIONS:


“Sparkling Devices” are defined as follows:


“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 crackling-type effect is not considered to be a report). Ground-based or hand-held devices that produce a cloud of smoke as their sole pyrotechnic effect are also included in this category. Types of devices in this category include:



(1) cylindrical fountain: cylindrical tube containing not more than seventy-five grams 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 fountain). When more than one tube is mounted on a common base, total pyrotechnic composition may not exceed two hundred grams, 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 maximum total weight of five hundred grams of pyrotechnic composition shall be allowed.


(2) cone fountain: cardboard or heavy paper cone containing not more than fifty grams 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 two hundred grams, as is outlined in this subparagraph.


(3) wooden sparkler/dipped stick: these devices consist of a 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 one hundred grams of pyrotechnic composition per item.


(4) novelties which do not require approval from the United States department of transportation and are not regulated as explosives, provided that they are manufactured and packaged 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 sixteen milligrams (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 material.


SECTION 3.  SEPARABILITY


If any part of or provisions of this law, or the application thereof to any person or circumstance, shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part of or provision of, or application directly involved in the controversy in which such the remainder of this law, or the application thereof to other persons or circumstances.


SECTION 4.  EFFECTIVE DATE


This law shall take effect immediately upon filing with the Secretary of State.



DATED at Fonda, New York
March 24, 2015
Cheryl A. Reese, Clerk of the Legislature


RESOLUTION VOTE, passed with Aye(8).  Legislator Duchessi was absent. (3/24/2015)


Statement of Legislative and Financial Impact:

I. Nature of Request:

A local law to legalize the sale certain safe sparkling devices.


II. Justification:

Pursuant to "New York Fireworks/Sparkler Law" (A.10141/S.7888), counties and cities in New York may opt-in to allow for sale of certain types of sparkling devices.


III. Legislative Impact:

The Legislature is empowed to pass a local law legalizing sparkling devices pursuant to the "New York Fireworks/Sparkler Law."


IV. Financial Impact:

The legalization of these sparkling devices will diversify the County's sales-tax base and provide economic benefit to retailers licensed thru the Department of State to sell sparkling devices.





County Attorney
cc: County Clerk
County Treasurer

Voting Record
Kelly (R) Yes 
Quackenbush (D) Yes 
Dimond (D) Yes 
Weitz (L) Yes 
Bieniek (D) Yes 
Duchessi (D) Absent 
Wheeler (R) Yes 
Isabel (D) Yes 
Purtell (D) Yes 
     
STATE OF NEW YORK County of Montgomery ss.:

      This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 24th day of March, 2015, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.
      IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 17th day of April, 2015


Totals:Aye: 8
Nay: 0 
Abstained: 0
Absent: 1



This resolution was approved by the County Executive on 4/10/2015
Resolution was enacted on 4/10/2015


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