Tompkins County
New York

Resolution
RES-2015-61

Scheduling a Public Hearing on Proposed 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. LLa-2015 (This file has not yet been converted to a viewable format)

Resolution/Document Body

              WHEREAS, Governor Cuomo signed into law Chapter 477 of the Laws of 2014 that 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, the County is considering adopting a local law allowing for sparkling devices to be excluded from the dangerous fireworks definition as permitted by New York State Penal Law section 405(5)(b), now therefore be it

 

              RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Tompkins County Legislature in the Legislative Chambers of the Governor Daniel D. Tompkins Building, 121 East Court Street, Ithaca, New York, on April 21, 2015, at 5:30 o'clock in the evening thereof concerning proposed 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).  At such time and place all persons interested in the subject matter will be heard concerning the same,

 

              RESOLVED, further, That the Clerk of the County Legislature is authorized to place proper notice of this public hearing in the official newspaper of the County.

SEQR ACTION: TYPE II-20

 

Meeting History

Mar 24, 2015 3:30 PM  Government Operations Committee Regular Meeting

The Committee agreed to amend the resolution to reflect the changes in the title of the law as on the previous resolution.

For the record, Ms. Kiefer stated she would be voting against the resolution as she would like the public hearing to be held earlier and requested that if that was possible that the Committee consider it.

RESULT:RECOMMENDED [4 TO 1]
MOVER:Glenn Morey, Member
SECONDER:Nathan Shinagawa, Vice Chair
AYES:Daniel Klein, David McKenna, Nathan Shinagawa, Glenn Morey
NAYS:Dooley Kiefer
Apr 7, 2015 5:30 PM Media Tompkins County Legislature Regular Meeting

Mr. Burbank spoke in opposition to this law as he does not believe sparklers are safe. His concern is they are perceived incorrectly as being benign and they are not. He distributed information on statistics that show sparkling devices are actually the largest category of injuries nationwide for pyrotechnic devices. He said this request came from the industry and commented that New York State has some of the strictest laws on fireworks. These devices can cause severe burns and are potentially dangerous for young children. He does not believe there is a compelling reason to approve this law.

RESULT:ADOPTED [11 TO 1]
MOVER:Daniel Klein, Member
SECONDER:Leslyn McBean-Clairborne, Member
AYES:Carol Chock, James Dennis, Kathy Luz Herrera, Dooley Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, David McKenna, Glenn Morey, Michael Sigler, Peter Stein
NAYS:Will Burbank
EXCUSED:Martha Robertson, Nathan Shinagawa