[HISTORY: Adopted by the Legislature of the County of Putnam 4-8-2015 by L.L. No. 4-2015. Amendments noted where applicable.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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:
Cylindrical fountain: cylindrical tube containing not more than
75 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 200 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 500 grams of pyrotechnic
composition shall be allowed.
Cone fountain: cardboard or heavy paper cone containing not
more than 50 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 200
grams, as is outlined in this subsection.
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 100 grams of pyrotechnic composition per item.
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:
Party popper: Small devices with paper or 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 16 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 72 devices.
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 50 devices each,
and the inner packages must contain sawdust or a similar, impact-absorbing
material.
The sale and use of sparkler devices is permitted with the following
restrictions:
A.
Sales will only be permitted on or between June 1 through July 5,
and December 26 and January 2 of each year.
[Amended 10-6-2015 by L.L. No. 9-2015]
B.
All distributors, manufacturers and retailers must be licensed through
the New York State Department of State.
C.
Only those 18 years of age or older may purchase said products.
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.
