Fireworks in use by unlicensed people in New York State are illegal. Fireworks include firecrackers, cherry bombs, bottle rockets, Roman candles, and anything else that flies and explodes. Use of them can be a felony. This is according to Glens Falls city attorney, Karen Judd. She clarified that for the Glens Falls Common Council at their meeting Tuesday July 27.
“There is a major difference between a Sparkling Device...and fireworks,” she said.
“Sparkling Devices,” such as sparklers and other “ground based or handheld devices" that produce colored sparks or flame, crackling or whistling, or smoke, are legal if a locality passes a law allowing them, according to the New York State fire prevention website. [Read more here.]
The definition on the website begins with the line that says these devices are "consumer fireworks known as Sparkling Devices."
Warren County passed the law in 2015 allowing the sale in June until July 3 and during the last week of December, a press release says.
The issue arose at the council meeting because Warren County is looking for feedback on what they called their fireworks law and whether “certain types of fireworks” should be allowed. Actual fireworks are not allowed, Judd told the council.
“As complaints about fireworks have risen in recent years, the Board of Supervisors Governmental Operations and Advocacy Committee on July 19th discussed a possible repeal of the fireworks law,” the county wrote in a press release. The county will hold a discussion on this, Aug. 23.
In Warren County sales of sparkling devices are allowed under a law passed in 2015. About a dozen New York counties do not allow the sales.
Sparkling devices may crackle and whistle. However, they are generally not the ones causing the problems, Judd told the council.
The Common Council pushed back. Members said fireworks are set off around the city.
“They clearly are,” said Ward 2 councilman, Bill Collins.
But Judd and Mayor Dan Hall said the tents, storefronts and pop-up sites for “fireworks” sales really should only be selling sparkling devices, and they should be certified with the state and approved by the localities.
Others on the council quickly pointed out that people can buy fireworks from states that allow fireworks sales and bring them home to New York.
The city response to this should be “to check those tents,” and make sure all sales are legal, Mayor Dan Hall said.
“It’s more of an enforcement issue than a law-change issue,” said council member Diana Palmer summarizing the problem near the end of the discussion.
Catching people while using actual fireworks may be difficult, council members admitted.
The noise and bright lights associated with fireworks can be troublesome for military veterans and for family pets. People complain to local governments fireworks use outside the July 4 holiday time, despite the time limits on sales. The county received 188 “fireworks calls” last year, the press release says.
Rachel Seeber, chairwoman of the Warren County Board of Supervisors, said public complaints warranted a review by the Board of Supervisors.
“We have heard from many of our residents that allowing fireworks to be sold locally and used year-round has in fact become a quality-of-life issue,” Seeber said in the release.
Professional fireworks shows produced by licensed, insured companies are legal.
Editor's Note: this story was updated shortly after publication to indicate that the state calls Sparkling Devices a "consumer firework."
To comment to the county, email warrencountystrong@warrencountyny.gov.
Total fireworks calls received by Warren County Sheriff’s Office Dispatch Center (does not include statistics from other police departments or municipal officials):
- 2015–92
- 2016–73
- 2017–78
- 2018–65
- 2019–53
- 2020–188
- As of July 14, 2021–78. (44 of which occurred between July 1-5.)
The numbers were supplied by Warren County.