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Local Law Filing New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos. state, ny. us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. F I L E D [XjCounty QCity QTown •Village STATERECORDS (Select one:) Of Cortland JUN 1 0 2015 DEPARTMENT OF STATE Local Law No. 1 ofthe year 2015 A local law Common, Safe Items to be Excluded from the "Fireworks" and "Dangerous (Insert Title) Fireworks Definitions as Permitted by New York State Penal Law Section 405.00(5)(B) Be it enacted by the ofthe (Name of Legislative Body) QCounty QCity • T o w n •Village (Select one:) of Cortland as follows: See Attached (If additional space is needed, attach pages the same size as ttiis sheet, and number each.) DOS-0239-f-l (Rev. 02/10) Page 2 of 4 ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing ofthis local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I that the local law annexed hereto, designated as local law No. 1 of 20l^ of the(Courit^(City)(TQWR)(Villag9) ef Cortland was duly passed by the County Legislature onl^ay28 20l^ , in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the ! on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by t h e _ ^ and was deemed duly adopted (Elective Chief Executive Officer*) on 201 I I, in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on ' 20 . and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) bythe _on _20 . (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-l (Rev. 02/10) Page 3 of 4 ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of I having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. I ! t 6. (County localjlaw concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of iState of New York, having been submitted to the electors at the General Election of November I 20 , pursuantto subdivisions 5 and 7 of section 33 ofthe Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. I (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify thatjl have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph J ! above. Glerk of the codnty legislative body, City, Town or Village Clerk or officer designated by local legislative body (Seal) r / D a t e : ( p - l l - l A ^ (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Cortland I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signatiire Karen Howe, County Attorney Title County City Cortland Town Village Date: DOS-0239-f-l (Rev. 02/10) Page 4 of 4 ---PAGE BREAK--- ON MOTION OF RICHARD BUSHNELL RESOLUTION NO. 157-15 LOCAL LAW OF 2015 A Local Law Allowing for Common, Safe Items to be Excluded from the "Fireworks" and "Dangerous Fireworks" Definitions as Permitted by New York State Penal Law Section 405.00(5)(B) Be it enacted by the County Legislature of the County of Cortland as follows: Section 1 Legislative Intent The Cortland County Legislature hereby finds that the intent of this Local Law is to exercise the authority granted to Cortland County pursuant to New York State Penal Law Section 405.00 subdivision 5 to authorize the exemption of "sparkling device" from the definition of "fireworks" and "dangerous fireworks" contained in New York State Penal Law Section 207.00. Certain fireworks should not be labeled dangerous when they pose little or no danger to the public and labeling them as dangerous only serves to restrict business and personal enjoyment. The sale and/or use of "sparkling devices" as herein defined shall be lawful and permitted within Cortland County. Section 2. Definitions A. "Sparkling Devices" as used in this section, includes: 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: Cylindrical fountain: cylindrical tube 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 ---PAGE BREAK--- base and the tubes are separated from each other on the base by a distance of at least V2 inch (12.7 millimeters), a maximum total weight of 500 grams of pyrotechnic composition shall be allowed. b. ) 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 subparagraph. c. ) Wooden sparkler/dipped stick: these devices consist of a wood dowel that has been coated with pyrotechnic composition. Upon ignition of the tip ofthe 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 and are not regulated as explosives, provided that they are manufactured and packaged as described below: a. ) 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. b. ) Snapper: small, paper-wrapped devices containing not more than 1 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 irmer packages not to exceed 50 devices each, and the inner packages must contain sawdust or similar, impact-absorbing material. Section 3. Permitted Sale and/or Use of Sparkling Devices The sale and/or use of sparkling devices as defined herein is permitted with the following restrictions: Pursuant to New York State General Business Law Section 392-j, and any amendments thereto, sales will only be permitted on or between the following dates: ---PAGE BREAK--- On or between June and July or on or between December 26"^ and January each year. ! All distributors, manufacturers, wholesalers, and retailers of sparkling devices must be licensed through the New York State Office of Fire Prevention and Control or other agency so designated by New York State, and shall comply with Executive Law Section 156-h and any amendments thereto, as well as all other applicable New York State Laws and regulations regarding! license and registration requirements. I Only those persons eighteen (18) years of age or older may purchase said products. Section 4. Non-compliance t i I The failure to comply with the provisions of this Local Law shall be deemed an offense as set forth in New York State Penal Law section 270.00 subdivision 2. Section 5. Severability If any provision of this local law or the application thereof to any person or circumstance is held to be invalid, the remainder of this local law and 'the application of such provision to other persons or circumstances shall not be affected thereby. Section 6. Effective Date i I This Local Law shall take effect upon filing in the Office of the Secretary, of State as provided by Section 27 of the Municipal Home Rule Law. ; STATE OF NEW YORK ) SS: COUNTY OF CORTLAND ) This is to certify that I, the undersigned. Clerk of the Cortland County Legislature, have compared the foregoing copy with the original now on file in this office, and that the above actions were passed by the Cortland County Legislature on the 28th day of May, 2015 and that the same is a correct and true transcript of such actions taken. i I fN WITNESS WHEREOF I have hereunto set my hand i and the official seal ofthe CORTLAND COUNTY ' LEGISLATURE, this 28th day of May, 2015. 'J