Tompkins County
New York

Resolution
RES-2015-81

Adoption of Local Law No. a of 2015 - Allowing for Sparkling Devices to be Excluded from the Dangerous Fireworks Definition as Permitted by New York State Penal Law Section 405(5)(b)

Information

Department:County AttorneySponsors:
Category:Local LawFunctions:Local Law

Attachments

  1. Printout
  2. Spark LL (This file has not yet been converted to a viewable format)
  3. Spark LL3-24-15 (This file has not yet been converted to a viewable format)
  4. Handout - Updated LL info
  5. LLa of 2014 (This file has not yet been converted to a viewable format)

Resolution/Document Body

WHEREAS, on November 21, 2014, Governor Cuomo signed into law Chapter 477 of the Laws of 2014 which amends the New York State Penal Law, the Executive Law, and the General Business Law to place further restrictions on the sale of dangerous fireworks, while at the same time recognizing that certain fireworks should not be labeled as "dangerous" when they pose little to no danger to the public, and should therefore be available for retail sale and public sale, and

 

WHEREAS, Chapter 477 of the Laws of 2014 allows for certain fireworks identified and described as “sparkling devices” to be excluded from the definition of “dangerous fireworks” and “fireworks” set forth in the Penal Law, and to be sold and used in counties that enact a local law authorizing such actions, and

 

WHEREAS, Chapter 477 of the Laws of 2014 limits the sale of sparkling devices in the State to the time periods from June 1st through July 5th of each calendar year and December 26th through January 2nd of adjacent calendar years, and to people eighteen years of age or older, and

 

              WHEREAS, the Tompkins County Legislature believes that allowing our County residents the use of safe “sparkling devices” will benefit them and our local businesses, and

 

              WHEREAS, the proposed Local Law and Chapter 477 of the Laws of 2014 are compliant with safety standards established by the National Fire Protection Association (NFPA 1124) for the manufacture, transportation, storage, and retail sale of fireworks, and

 

WHEREAS, a public hearing was held before the Tompkins County Legislature on April 21, 2015, to hear all persons interested in proposed Local Law No. a of 2015, now therefore be it

 

              RESOLVED, on recommendation of the Government Operations Committee, That Local Law No. a of 2015 - Allowing for Sparkling Devices to be Excluded from the Dangerous Fireworks Definition as Permitted by New York State Penal Law Section 405(5)(b) is hereby adopted,

 

RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State.

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