ALBANY, NY – Ground-based fireworks may no longer be legal in Albany County as of next year.
The Albany County Legislature voted 33-5 to adopt Local Law H of 2020 which prohibits the use and sale of sparkling devices defined as ground-based fireworks such as the cylindrical or cone fountains and wooden sparkler/dipped sticks. The local law repeals a local law adopted in 2016 following the legalization of fireworks in New York State.
“When we adopted the local law in 2016 we were under the impression that sparkling devices would be the small hand-held sparklers, but what we got was much worse. There are fireworks exploding in the street, creating sounds that remind me of the mortar rounds that kept me awake while I served in Iraq. It’s unacceptable,” Chairman Andrew Joyce said. “I admit that I made a mistake voting for legal sparklers in 2016 and opting out of the legislation is a good first start in keeping our communities quiet and safe.”
“I am thankful that the legislature has acted swiftly in responding to concerns from local leaders, law enforcement, neighborhood groups and those who suffer from PTSD by making all fireworks illegal in Albany County,” Sponsor Matthew Peter said. “While this won’t solve all problems or concerns with fireworks in Albany County, it is an important first step. I’m grateful for the support of Chairman Joyce, my fellow co-sponsors and colleagues in the County Legislature for supporting Local Law H.”
The Legislature’s decision follows a public hearing where members of the public cited potential safety hazards as well as quality of life concerns among residents, specifically to veterans, pets and children.
“The mere fact that 31 percent of all fireworks injuries are due to the use of sparklers are reason enough for me to support this legislation. Add that 7 percent of those injured are under the age of five years of age is unacceptable,” Co-sponsor Sean Ward, stated, citing a 2013 report from the NYS Division of Homeland Security and Emergency Services and a 2018 report by the Consumer Product Safety Commission.
“We need to do our part to assure the safety of our children and this local law is a move in the right direction.”
Co-sponsor Bill Ricard agreed, stating, “With the passage of Local Law H this evening, Albany County residents will be given another tool in the shed that will hopefully keep our neighborhoods quiet and safe. While at the same time it will help to alleviate the safety hazards associated with the use of these fireworks upon children, along with the PTSD side effects inflicted upon pets and veterans.”
Legislators also heard from members of local police and fire departments who are unable to enforce the use of illegal fireworks because there is no way to differentiate them from the ground-based devices that are allowed.
According to information provided by the City of Albany, the Albany Police Department has received 895 calls for fireworks this year, an increase of over 300 percent compared to last year. In addition, APD has had to respond to calls from residents who have mistaken sparkling devices and fireworks for gunshots.
“Since 2016, the notable rise in the use of illegal fireworks and misuse of legal sparkler devices across the county has devalued the quality of life for residents in populated areas subjected throughout the summer months by their use. As fireworks laws differ from the state down to local municipalities, and with law enforcement finding it more difficult to differentiate legal from illegal devices, the crack down on the use of illegal fireworks starts with a ban of all for safer and healthier neighborhoods for our residents,” Co-Sponsor Raymond Joyce said.
Any person who uses a sparkling device can be issued a fine up to $500 and any individual who sells or furnishes a sparkling device to another person can be charged with a misdemeanor, punishable with a fine of $1,000 and 15 days in jail.
Following the vote, the legislation moves to the County Executive for review and approval.
