BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN, NEW YORK, AS FOLLOWS:
Section 1. Title
This Local Law shall be referred to as “A Local Law to Include Sparkling Devices as Fireworks in the City of Middletown.”
Section 2. Purpose of this Enactment
Chapter 477 of the Laws of 2014 for New York State authorized counties and cities outside of New York City to legalize sparklers and certain sparkling devices (collectively referred to as “sparkling devices”) for sale, possession and use. Orange County opted to legalize sparkling devices throughout the county by legislation effective April 10, 2015. Thereafter, the City of Middletown found that the sale, possession and use of those sparkling devices created a threat to the health, safety and welfare and negatively affected the quality of life of the residents of the City, but the City was powerless to prevent such sale and use.
In response to the threat to the health, safety and welfare of the residents of the City presented by the sale, possession and use of sparkling devices in cities, the Orange County Legislature on December 4, 2015 adopted a resolution asking the New York State Legislature to reconsider the sparkling device legislation and to allow cities within Orange County to opt out of the county law permitting the sale, possession and use of sparkling devices. The City, by resolution duly adopted by the Common Council on March 15, 2016, also asked the Legislature to allow cities within Orange County to opt out of the county law and expressed support for legislation introduced by State Senator Bonacic and Assemblywoman Gunther to accomplish that purpose.