Bill Text: NJ A497 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits use of fireworks under certain circumstances.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Public Safety and Preparedness Committee [A497 Detail]
Download: New_Jersey-2024-A497-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman ROBERT D. CLIFTON
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Prohibits use of fireworks under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act restricting the location that fireworks may be used and amending R.S.21:3-2 and R.S.21:3-8.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.21:3-2 is amended to read as follows:
21:3-2. a. It shall be unlawful for any person to offer for sale, expose for sale, sell, possess or use, or explode any blank cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives are used; the type of balloon which requires fire underneath to propel the same; firecrackers; torpedoes; skyrockets, Roman candles, bombs, or other fireworks of like construction, or any fireworks containing any explosive or inflammable compound or any tablets or other device commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or any compound containing any of the same or other explosives, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, other than aviation and railroad signal light flares.
b. Notwithstanding subsection a. of this section, it shall be lawful for a person to offer for sale, expose for sale, sell, store, possess, or use:
(1) a toy pistol, toy cane, toy gun, or other device in which paper or plastic caps containing .25 grain or less of explosive compound per cap are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for use, and toy pistol paper or plastic caps which contain less than .20 grains of explosive mixture per cap;
(2) sparkling devices and novelties as defined in R.S.21:2-2 if the person is 16 years of age or older. Sparkling devices and novelties, including their sale or use, shall not be subject to further regulation by a municipality pursuant to R.S.40:48-1, except that the storage and sale of items listed in this paragraph shall be consistent with the standards set forth in NFPA 1124 National Fire Protection Association Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 edition; and
(3) any item or device as otherwise provided in this chapter.
c. Except as otherwise may be provided in this chapter, it shall be lawful to sell fireworks to a person only if that person is named as the authorized purchaser in a valid permit issued pursuant to R.S.21:3-3 or that person is the owner, manager, or designated employee acting as the agent of the owner or manager, of a legally operated commercial enterprise registered pursuant to section 10 of P.L.1991, c.55 (C.21:2-37), and the permit is presented to the manufacturer, seller or distributor at the time of purchase. If the manufacturer, seller or distributor is located in a state other than this State, a purchase shall be by mail order form and a photocopy of the valid permit or registration shall be submitted with the form to satisfy the requirement in this paragraph.
d. It shall be unlawful for any person to use any fireworks on a public highway, street, road, or alley or on any property directly adjacent to a property on which horses are housed or boarded.
(cf: P.L.2017, c.92, s.3)
2. R.S.21:3-8 is amended to read as follows:
21:3-8. Penalties for violations
Any person who sells, offers or exposes for sale, or possesses with intent to sell any fireworks as herein mentioned is guilty of a crime of the fourth degree. Any person who purchases, uses, discharges, causes to be discharged, ignites, fires, or otherwise sets in action, or possesses any fireworks is guilty of a petty disorderly persons offense. Any person who violates the provisions of subsection d. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) is guilty of a disorderly persons offense.
(cf: P.L.1991, c.55, s.8)
3. This act shall take effect immediately.
STATEMENT
This bill provides enhanced penalties for the use of fireworks under certain circumstances.
Current law prohibits the sale, possession, or use of fireworks, excluding sparkling devices and novelties, other than by an authorized purchaser with a valid permit to purchase fireworks for public display as approved by a municipality.
This bill makes it unlawful for any person to use fireworks on a public highway, street, road, or alley or on any property directly adjacent to a property on which horses are housed or boarded.
The bill provides that any person who violates its provisions is guilty of a disorderly persons offense, which is punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both.
