Local Law #4 of 2015
(Passed at Regular Full Meeting 04/08/2015)
A LOCAL LAW ADDING A NEW CHAPTER 197 TO THE PUTNAM COUNTY CODE BY
ALLOWING FOR SPARKLING DEVICES TO BE EXCLUDED FROM THE DANGEROUS
FIREWORKS DEFINITION AS PERMITTED BY NEW YORK STATE PENAL LAW SECTION
405(B).
Be it enacted by the Legislature of the County of Putnam as follows:
Section 1.
A new Chapter 197 entitled Sparkling Devices is hereby added to the Putnam
County Code to read as follows:
Sale and Use of Sparkling Devices
§197-1. Establishment.
In keeping with New York State Chapter 477 of the Laws of 2014, and New York
State Penal Code Section 405, the Putnam County Legislature finds and determines that
sparkler devices may be sold and enjoyed within Putnam County.
§197-2. Definitions.
A. “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, shall not be regulated as explosives, provided that they are
manufactured and packaged as described below; are as follows:
(1) Party popper: Small devices with paper of 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.
(2) 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.
§197-3. Devices Permitted to be Sold, Used & Distributed.
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 through the New
York State Department of State.
(3) Only those 18 years of age or older may purchase said products.
§197-4. Severability.
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
application thereof to other persons or circumstances.
Section 2. Effective Date.
This law shall take effect immediately upon filing with the New York Secretary of State.