The Oneida County Sheriff’s Office reminds residents that only ground-based or portable fireworks are allowed in the county.
A 2014 amendment to New York State criminal law and Oneida County local law in 2016 allows the sale and use of only a specific category of residential fireworks known as “sparkling devices.” All other fireworks remain illegal in New York State.
“Spark throwers are ground-based or portable devices that produce a shower of colored sparks and/or a colored flame, audible crackling or whistling sounds, and smoke,” the sheriff’s office explained in a statement. “The law restricts the type, size and construction of spark throwers and requires that these devices be portable or mounted on a base or spike and are limited to sizes ranging from 1 to 500 grams of pyrotechnic composition.”
The sale and use of these sparklers is only permitted in Oneida County on or between June 1 and July 5 and December 26 and January 2 and may only be purchased by persons over the age of 18.
Illegal fireworks
“This time of year, county law enforcement agencies, including the Oneida County Sheriff’s Office, typically see an increase in complaints about fireworks,” the sheriff’s office said. “Almost all of the complaints involve the use of illegal fireworks that are not permitted under local law.”
Illegal fireworks are typically those that are lit or ignited from below and produce explosion sounds, rise into the air and then explode or are launched into the air. Examples of illegal fireworks include firecrackers, M80s, burning balls, bottle rockets, mortars, spinners and Roman candles.
These types of illegal fireworks violate New York State Penal Code Section 270.00 (Class B Misdemeanor) and, depending on the time of day, may also violate local noise ordinances.
“The Sheriff’s Office would like to remind residents that they can report complaints regarding illegal fireworks to the law enforcement agency that primarily patrols their neighborhood by calling the non-emergency number 315-736-0141,” the Sheriff’s Office said.
Safety tips
Even when using legal sparklers, there are dangers and precautions are necessary.
Other safety tips include:
- Always follow the instructions on the packaging.
- All sparklers are intended for outdoor use only. Never use them indoors.
- Always wear eye protection when using sparklers
- Never light more than one sparkler at a time.
- Never point a sparkler at a person or any part of the body.
- Store sparklers and other toys in a safe place when not in use.
- Never use sparklers if you are under the influence of alcohol or drugs.
- Always have an approved fire extinguisher available during a demonstration.
- Never attempt to relight fireworks or operate them if they are malfunctioning.
- Extinguish defective and used equipment with water before disposal to prevent fire
- Purchase sparklers and novelty devices from New York State registered retailers.
For more information, visit www.dhses.ny.gov/ofpc/news/sparklingdevices.cfm
