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WHEREAS, the increased use of fireworks has created a substantial safety risk to persons and property in the City of Middletown.

NOW THEREFORE BE IT Resolved, and be it Ordained, by the Common Council of the City of Middletown, New York, as follows:

Section 1. The Code of the City of Middletown, N.Y., Chapter 265, Fireworks, as adopted July 14, 1980, and as amended thereafter, be and is hereby amended by creating a new Section 265-4 (Prohibited actions) to read as follows:

No person shall possess, sell, detonate, light, or in any way use any type of fireworks, dangerous fireworks or sparkling devices as defined in Section 270.00 of the Penal Law in the City of Middletown. It shall not be a defense to prosecution of this Section that the subject fireworks, dangerous fireworks or sparkling device was purchased legally.

Section 2. The Code of the City of Middletown, N.Y., Chapter 265, Fireworks, as adopted July 14, 1980, and as amended thereafter, be and is hereby amended by creating a new Section 265-5 (Penalties for offenses) to read as follows:

 

A person who shall violate a provision of this Chapter shall be guilty, upon
conviction, of an offense punishable by a fine not less than $250 nor more than $1,000 or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.

Section 3. Severability. The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or illegal by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance.

Section 4. This Resolution and Ordinance shall take effect immediately.