Fireworks legal in Oneida County until July 5

Get your sparklers, your snakes, your Party Pyrometers, your Dream Catchers, your fountains and your flaming swords.

Fireworks are legal in Oneida County.

Or, more specifically, sparkling devices are legal — but only until July 5.

This is the first Fourth of July season after the county Legislature adopted a state law allowing sparkling devices to be bought, sold and used by anyone 18 or older. As a result, fireworks stands have been appearing in existing stores throughout the county and sales tents have been popping up in parking lots offering a selection of sparklers and novelties.

“A lot of people are surprised when they come in,” said Bekah Rittenburg, of West Winfield, whose family firework business — Northern Lights Fireworks — has set up shop along Erie Boulevard. They are renting a previously unused storefront right next to the Indian Motorcycle shop.

“The store is doing good. It’s been great,” Rittenburg said. Their most popular items are the big 500-gram fountains and the assortment packs.

Rittenburg married into the family business, which is owned by her husband, Nathan, and his parents. She said the business started 16 years ago in Pennsylvania, which has more relaxed fireworks laws. This is their third year with pop-up stores in New York, after the state law was passed in 2015 to allow the sale of sparkling devices. This is their first year in Rome.

All proceeds go to benefit the day camp that Rittenburg and her husband run in July and August, Camp Anavah in Herkimer County.

“I’ve met a lot of very nice people in Rome. A lot of people are shocked because they still don’t know it’s legal in Oneida County,” said Jean Havens, another family member, who minds the Rome store during the day. They also have a similar shop in New Hartford.

Rittenburg said their business model is all about setting up shop wherever and whenever the local laws allow, and then working other jobs the rest of the year.

 

The law

Republican and Democratic legislators voted overwhelmingly nearly a year ago to override the Oneida County executive’s veto and allow the sale of fireworks twice a year — during the Fourth of July and New Year’s celebrations.

The law limits the type, size and construction of sparkling devices and requires that these devices must be hand held or mounted on a base or spike. Sparkling devices are ground based or handheld devices that produce a shower of colored sparks and/or a colored flame, audible crackling or whistling noise and smoke.

Anything explosive that shoots into the air, like bottle rockets or roman candles, remains illegal. Sales are restricted to buyers age 18 and older.

Enactment of this local law added Oneida County to the list of more than 30 counties in the state, including neighboring Madison, Lewis and Herkimer, that allow the sale of sparklers.

The Firemen’s Association of the State of New York opposes the sale of fireworks. Critics focus on the dangers of fireworks, including injuries, burns and fires.

Supporters of the law pointed to the likelihood of a positive effect on business and additional county sales tax revenue being generated by the fireworks. The fireworks industry estimates that the economic impact in the county is between $500,000 and $1 million, according to a news release put out by legislators a year ago.

The same announcement said more than 40 other states allow some form of consumer fireworks and sparkling devices.

 

Police

“We certainly believe there are safety factors. There’s always a danger when there are sparks and fire going,” said Rome Police Capt. Timothy J. Bates.

There have been upwards of 20 complaints of fireworks received by the police department this month, compared to zero such complaints a month earlier. The pops and bursts of fireworks have become an almost nightly occurrence across the city.

“It’s not uncommon for officers to see the fireworks up in the air, but by the time you get to the vicinity, the launch site is clear and you come up empty,” Bates explained. “You don’t find anyone. That’s very common.”

While police continue to respond to these calls, Bates said there is some “confusion” in the ranks as to which law to follow.

The county may have adopted the state law to allow sparkling devices, but that conflicts with a city ordinance that still bans sparkling devices, Bates said.

Police contacted the city’s Corporation Counsel earlier this week to get a clarification on which law to follow, though Bates said they will follow the county’s new law for the time being.

Corporation Counsel officials said Friday that they are still researching the law and hope to have a clarification soon.

“We enforce the laws as they are on the books. It’s not our job to second guess the lawmakers,” Bates said. “Our job is to enforce the laws and that’s what we’ll do. We just need clarity in this instance.”

Sparkling devices will be illegal again after July 5.