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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.

The legislation sponsored by State Senator Bonacic and Assemblywoman Gunther passed the Legislature and was signed into law by Governor Cuomo on November 28, 2016 as Chapter 458 of the Laws of 2016, codified as Section 405.00 (5) (c) of the New York Penal Law. That legislation allows a city within Orange County, by local law, to include sparkling devices within the definitions of “fireworks” and “dangerous fireworks” as defined in Section 270.00 of the New York Penal Law and as applied and enforced through Section 405.00 of the New York Penal Law.

The purpose of this enactment, therefore, is to allow the City to include sparkling devices within the definitions of “fireworks” and “dangerous fireworks” as defined in Section 270.00 of the New York Penal Law and as applied and enforced through Section 405.00 of the New York Penal Law within the City of Middletown.

Section 3. Inclusion of “sparkling devices” in the definition of “fireworks” and “dangerous fireworks” as those terms are defined in Section 270.00 of the Penal Law of New York and as enforced through Section 405.00 of the New York Penal Law

As authorized by Chapter 458 of the Laws of 2016 and codified as Section 405.00 (5) (c) of the New York Penal Law, the City of Middletown hereby includes “sparkling devices,” as that term is defined in Section 270.00 (1) (a) (vi) of the Penal Law of New York, within the definitions of “fireworks” and “dangerous fireworks” as defined in Section 270.00 (1) (a) and (b) of the Penal Law of New York.

Section 4. Severability of Provisions.

Should any section or provision of this Local Law be declared, ordered or adjudged null, void, voidable or invalid by a court of competent jurisdiction, such finding of invalidity shall not affect the validity of the remaining portions of this Local Law.

Section 5. Effective Date

This Local Law shall take effect immediately upon filing with the Secretary of State.

 

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