Bill Text: NY A09455 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Passed) 2016-11-28 - signed chap.458 [A09455 Detail]

Download: New_York-2015-A09455-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9455
                   IN ASSEMBLY
                                      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:
     1    Section  1.  Subdivision  5  of  section  405.00  of the penal law, as
     2  amended by chapter 477 of the laws  of  2014,  is  amended  to  read  as
     3  follows:
     4    5. Local ordinances superseded. (a) All local ordinances regulating or
     5  prohibiting  the  display  of  fireworks  are  hereby  superseded by the
     6  provisions of this section. Every city, town or village shall  have  the
     7  power  to  enact  ordinances or local laws regulating or prohibiting the
     8  use, or the storage, transportation or sale for use of fireworks in  the
     9  preparation for or in connection with television broadcasts.
    10    (b)  Further,  no  city or county shall be bound to include "sparkling
    11  device" in the definitions of "fireworks" and "dangerous  fireworks"  in
    12  section  270.00 of this chapter, if such city or county shall so author-
    13  ize the exemption of "sparkling device" by law.  If  any  such  city  or
    14  county  so elects, it and such other local jurisdictions that lie within
    15  its geographical boundaries shall not enact any other local law that  is
    16  inconsistent  with  the provisions of subparagraph (iv) of paragraph (c)
    17  of subdivision one of section 270.00 of this chapter,  nor  to  regulate
    18  sparkling devices in a manner that is in conflict with the provisions of
    19  NFPA 1124, 2006 edition.
    20    (c) Notwithstanding paragraph (b) of this subdivision, any city wholly
    21  contained  within  the county of Orange may enact a local law to include
    22  "sparkling device" within the definitions of "fireworks" and  "dangerous
    23  fireworks" as defined in section 270.00 of this chapter, notwithstanding
    24  any  local  law  enacted by such county that authorizes the exemption of
    25  "sparkling device" from such definition.
    26    § 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