1250 Broadway, 27th Floor New York, NY 10001

WHAT'S THE COST OF A FIRECRACKER?

You may want to think twice before lighting up any fireworks today.

A criminal statute -- New York Penal Law § 270 -- prohibits the possession, sale and use of illegal fireworks.

Included under the "fireworks" ambit are common firecrackers, sparklers, bottle rockets, roman candles, and chasers which dart or travel about the surface of the ground during discharge. (If you'd like an easy rule-of-thumb, virtually everything you would want to ignite this Independence Day is off-limits.)

For law-abiding citizens who'd like to end the day with a bang, "snaps," (those pellets that pop when you toss them to the ground), and "paper caps," (like the ones used in toy guns), are legally permissible. (Should you happen to suffer any mechanical trouble, emergency flares won't land you a fine or any jail time, either.)

But if you decide to flaunt the law (as we suspect some of you will), here is what you can expect to happen to you should you get caught:

  • A person who possesses, uses, or explodes any fireworks is guilty of a violation (punishable by up to 15 days imprisonment and/or up to a $250 fine).
  • A person who offers, exposes for sale, sells, or furnishes fireworks to another person is guilty of a Class B misdemeanor (punishable by up to 3 months imprisonment and/or up to a $500 fine).
  • If a person offers, exposes for sale, sells, or furnishes fireworks to a person under the age of 18 or if the fireworks are valued at over $500, that person is guilty of a Class A misdemeanor (punishable by up to 1 year imprisonment and/or up to a $1000 fine).

Those of you into hoarding your combustibles, take note: If your illegal fireworks are valued at $50 or more, there is a presumption that they are intended to be offered for sale.

And, if all this stuff about criminal penalties and fines doesn't deter you, then New York City Administrative Code § 27-4047.1 won't impress you much either. That particular regulation authorizes the New York City Environmental Control Board to impose a civil penalty against those who discharge fireworks without a permit in the amount of $750.

With that kind of exposure, not to mention the risk of bodily injury to yourself or others, why not leave the pyrotechnics to the Gruccis ?

Happy 4th, everyone!
Categories: