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Article 270 - NY Penal Law

OTHER OFFENSES RELATING TO PUBLIC SAFETY

Section Offense Class
270.00 Unlawfully dealing with fireworks and dangerous fireworks.  
270.05 Unlawfully possessing or selling noxious material. B MISD
270.10 Creating a hazard. B MISD
270.15 Unlawfully refusing to yield a party line. B MISD
270.20 Unlawful wearing of a body vest. E FELONY
270.25 Unlawful fleeing a police officer in a motor vehicle in the third. A MISD
270.30 Unlawful fleeing a police officer in a motor vehicle in the second. E FELONY
270.35 Unlawful fleeing a police officer in a motor vehicle in the first. D FELONY
S 270.00 Unlawfully dealing with fireworks and dangerous fireworks.
  1.  Definition of "fireworks" and "dangerous fireworks". (a) The term
  "fireworks," as used in this section, includes:
    (i) display fireworks, which means fireworks  devices  in  a  finished
  state,   exclusive   of   mere  ornamentation,  primarily  intended  for
  commercial displays which are designed to produce visible and/or audible
  effects by combustion, deflagration or detonation,  including,  but  not
  limited  to,  salutes containing more than one hundred thirty milligrams
  (two grains) of explosive composition,  aerial  shells  containing  more
  than  forty  grams of chemical composition exclusive of lift charge, and
  other exhibition display  items  that  exceed  the  limits  of  consumer
  fireworks  contained  in  the  American  Pyrotechnic  Association  (APA)
  Standard 87-1, 2001 edition;
    (ii)  articles  pyrotechnic,  which  means  pyrotechnic  devices   for
  professional  use  similar to consumer fireworks in chemical composition
  and construction but not intended for consumer use  and  which  articles
  meet  the  weight  limits  for consumer fireworks but are not labeled as
  such  and  are  classified  by   the   United   States   department   of
  transportation in 49 CFR 172.101 as UN0431;
    (iii)  special  effects,  which  means  any  combination  of  chemical
  elements or chemical compounds capable of burning independently  of  the
  oxygen  of  the  atmosphere,  and  designed  and  intended to produce an
  audible, visual, mechanical, or thermal effect as an integral part of  a
  motion  picture,  radio, television, theatrical, or opera production, or
  live entertainment;
    (iv) consumer fireworks  which  are  aerial  in  performance  and  are
  commonly  referred  to  as  sky  rockets,  bottle  rockets, missile type
  rockets, helicopters,  aerial  spinners,  roman  candles,  mines,  shell
  devices, aerial shell kits, reloadables and audible ground devices which
  are  commonly  referred to as firecrackers and chasers, as well as metal
  wire handheld sparklers;
    (v) any blank cartridge, blank cartridge  pistol,  or  toy  cannon  in
  which  explosives  are used, firecrackers, or any preparation containing
  any explosive or inflammable compound or any  tablets  or  other  device
  commonly  used  and  sold  as  fireworks containing nitrates, chlorates,
  oxalates,  sulphides  of  lead,  barium,  antimony,  arsenic,   mercury,
  nitroglycerine, phosphorus or any compound containing any of the same or
  other  explosives,  or  any  substance  or combination of substances, or
  article prepared for the purpose of producing a visible  or  an  audible
  effect  by  combustion,  explosion, deflagration or detonation, or other
  device containing any explosive substance, other than sparkling  devices
  as defined in subparagraph (vi) of this paragraph; and
    (vi) "sparkling devices," as used in this section, includes:
    (1) sparkling devices which are ground-based or hand-held devices that
  produce  a  shower  of  white,  gold, or colored sparks as their primary
  pyrotechnic effect. Additional effects may include a colored  flame,  an
  audible  crackling  effect,  an audible whistle effect, and smoke. These
  devices do not rise into the air, do not  fire  inserts  or  projectiles
  into  the  air,  and  do  not  explode  or  produce a report (an audible
  crackling-type effect is not considered to be a report). Ground-based or
  hand-held  devices  that  produce  a  cloud  of  smoke  as  their   sole
  pyrotechnic  effect are also included in this category. Types of devices
  in this category include:
    (A) cylindrical fountain: cylindrical tube containing  not  more  than
  seventy-five grams of pyrotechnic composition that may be contained in a
  different shaped exterior such as a square, rectangle, cylinder or other
  shape  but the interior tubes are cylindrical in shape. Upon ignition, a
  shower of colored sparks, and sometimes a whistling effect or smoke,  is
  produced.  This  device  may be provided with a spike for insertion into
  the ground (spike fountain), a wood or plastic base for placing  on  the
  ground  (base  fountain),  or a wood or cardboard handle to be hand held
  (handle  fountain). When more than one tube is mounted on a common base,
  total pyrotechnic composition may not exceed two hundred grams, and when
  tubes are securely attached to a base and the tubes are  separated  from
  each  other  on  the  base  by a distance of at least half an inch (12.7
  millimeters),  a  maximum  total  weight  of  five  hundred   grams   of
  pyrotechnic composition shall be allowed.
    (B)  cone  fountain: cardboard or heavy paper cone containing not more
  than fifty grams of pyrotechnic composition. The effect is the  same  as
  that  of a cylindrical fountain. When more than one cone is mounted on a
  common base, total pyrotechnic composition may not  exceed  two  hundred
  grams, as is outlined in this subparagraph.
    (C)  wooden  sparkler/dipped  stick:  these  devices consist of a wood
  dowel that has been coated with pyrotechnic composition.  Upon  ignition
  of  the tip of the device, a shower of sparks is produced. Sparklers may
  contain up to one hundred grams of pyrotechnic composition per item.
    (2) novelties which do not require approval  from  the  United  States
  department  of  transportation  and  are  not  regulated  as explosives,
  provided that they are manufactured and packaged as described below:
    (A) party popper: small devices with paper or plastic  exteriors  that
  are  actuated  by  means  of  friction (a string or trigger is typically
  pulled to  actuate  the  device).  They  frequently  resemble  champagne
  bottles  or  toy  pistols  in  shape. Upon activation, the device expels
  flame-resistant  paper  streamers,  confetti,  or  other  novelties  and
  produces  a  small  report.  Devices  may  contain not more than sixteen
  milligrams (0.25 grains) of explosive composition, which is  limited  to
  potassium chlorate and red phosphorus. These devices must be packaged in
  an inner packaging which contains a maximum of seventy-two devices.
    (B) snapper: small, paper-wrapped devices containing not more than one
  milligram  of  silver  fulminate coated on small bits of sand or gravel.
  When dropped, the device explodes, producing a  small  report.  Snappers
  must  be  in  inner  packages  not to exceed fifty devices each, and the
  inner packages must  contain  sawdust  or  a  similar,  impact-absorbing
  material.
    (b)  The  term  "dangerous  fireworks"  means any fireworks capable of
  causing serious physical injury and which are:  firecrackers  containing
  more  than  fifty  milligrams  of  any  explosive  substance, torpedoes,
  skyrockets  and  rockets  including  all  devices   which   employ   any
  combustible  or  explosive  substance  and  which rise in the air during
  discharge, Roman candles, and bombs, provided, however, that  in  cities
  with a population of one million or more, the term "dangerous fireworks"
  shall  also  include  sparklers  more  than  ten  inches  in  length  or
  one-fourth of one inch in diameter, or  chasers  including  all  devices
  which dart or travel about the surface of the ground during discharge.
    (c)  "Fireworks"  and  "dangerous  fireworks"  shall  not be deemed to
  include the following nor shall the purchase and use of any items listed
  below be subject to the provisions of section 61 of title 12 of the  New
  York  state codes, rules and regulations or section four hundred eighty,
  four  hundred  eighty-one,  four  hundred  eighty-two  or  four  hundred
  eighty-three of the general business law:
    (i)  flares  of  the  type  used  by  railroads  or any warning lights
  commonly known as red flares, or  marine  distress  signals  of  a  type
  approved by the United States coast guard, or
    (ii)  toy pistols, toy canes, toy guns or other devices in which paper
  caps containing twenty-five  hundredths  grains  or  less  of  explosive
  compound  are  used,  providing  they  are  so constructed that the hand
  cannot come in contact with the cap when  in  place  for  use,  and  toy
  pistol  paper  caps  which contain less than twenty-hundredths grains of
  explosive mixture, the sale and use of which shall be permitted  at  all
  times, or
    (iii) bank security devices which contain not more than fifty grams of
  any  compound  or substance or any combination thereof, together with an
  igniter not exceeding 0.2 gram,  capable  of  producing  a  lachrymating
  and/or  visible  or  audible effect, where such device is stored or used
  only by banks, national banking associations, trust  companies,  savings
  banks,  savings  and  loan  associations,  industrial  banks,  or credit
  unions, or by any manufacturer, wholesaler,  dealer,  jobber  or  common
  carrier for such devices and where the total storage on any one premises
  does not exceed one hundred devices, or
    (iv)  except  in  cities  with a population of one million or more, in
  those counties and cities that opt by local law  pursuant  to  paragraph
  (b)  of  subdivision five of section 405.00 of this chapter, "fireworks"
  and "dangerous fireworks" shall not  be  deemed  to  include  "sparkling
  devices"  as  defined  in  subparagraph  (vi)  of  paragraph (a) of this
  subdivision.
    2. Offense. (a) Except as herein otherwise provided, or except where a
  permit is obtained pursuant to section 405.00 of this chapter:
    (i) any person who shall offer or expose for sale,  sell  or  furnish,
  any fireworks or dangerous fireworks is guilty of a class B misdemeanor;
    (ii)  any  person  who shall offer or expose for sale, sell or furnish
  any fireworks or dangerous fireworks valued at five hundred  dollars  or
  more shall be guilty of a class A misdemeanor;
    (iii)  any  person who shall possess, use, explode or cause to explode
  any fireworks or dangerous fireworks is guilty of a violation;
    (iv) any person who shall offer or expose for sale, sell  or  furnish,
  any  dangerous  fireworks,  fireworks or sparkling devices to any person
  who is under the age of eighteen is guilty of a class A misdemeanor.
    (b) A person who has previously  been  convicted  of  a  violation  of
  subparagraph  (iv)  of  paragraph  (a)  of  this  subdivision within the
  preceding five years and who shall offer or expose  for  sale,  sell  or
  furnish,  any  dangerous fireworks to any person who is under the age of
  eighteen, shall be guilty of a class E felony.
    (c) Possession of fireworks  or  dangerous  fireworks  valued  at  one
  hundred fifty dollars or more shall be a presumption that such fireworks
  were intended to be offered or exposed for sale.
    3. Exceptions. (a) The provisions of this section shall not apply to:
    (i)  fireworks,  dangerous  fireworks,  and sparkling devices while in
  possession  of  railroads,  common  or  contract  carriers,   retailers,
  wholesalers,  distributors,  jobbers  and  transportation  companies  or
  transportation agencies for the  purpose  of  transportation  to  points
  without the state, the shipment of which is not prohibited by interstate
  commerce commission regulations as formulated and published from time to
  time,  unless  they  be  held  voluntarily  by such railroads, common or
  contract carriers, retailers,  wholesalers,  distributors,  jobbers  and
  transportation  agencies  or  transporting companies as warehousemen for
  delivery to points within the state;
    (ii) signaling devices used by railroad companies  or  motor  vehicles
  referred   to   in   subdivision  seventeen  of  section  three  hundred
  seventy-five of the vehicle and traffic law;
    (iii) high explosives for blasting or similar purposes;
    (iv) fireworks, dangerous fireworks and sparkling devices for the  use
  thereof  by the United States military, and departments of the state and
  federal government;
    (v) the  use,  transportation  and  storage  of  fireworks,  dangerous
  fireworks  and  sparkling  devices  and  special  effects  materials  in
  connection with the production of motion pictures, television  programs,
  commercials,  and  all entertainment media recorded in any current or to
  be  designed  format  when such use, transportation and storage has been
  appropriately permitted by the  local  governmental  subdivision  having
  jurisdiction.
    (b) Nothing in this article shall be construed to prohibit:
    (i)  any  manufacturer,  wholesaler,  retailer,  dealer or jobber from
  manufacturing, possessing or selling at wholesale a sparkling device  to
  municipalities,  religious  or  civic  organizations, fair associations,
  amusement parks, or other  organizations  authorized  by  the  state  to
  store, transport, possess and use or to individuals to store, transport,
  possess and use;
    (ii)  the  sale  or  use  of  blank  cartridges  for a motion picture,
  television program, commercial  and  all  entertainment  media,  or  for
  signal purposes in athletic sports, or for dog trials or dog training;
    (iii)  the use, storage, transportation or sale or transfer for use of
  fireworks and sparkling devices in the preparation for or in  connection
  with   motion   pictures,  television  programs,  commercials,  and  all
  entertainment media recorded in any current or  to  be  designed  format
  when  such  use,  transportation  and  storage  has  been  appropriately
  permitted by the local governmental subdivision having jurisdiction;
    (iv) the manufacture or sale of sparkling devices provided they are to
  be shipped directly out of such city and any  such  items  are  sold  in
  accordance with the provisions of this article; or
    (v)  except  in  cities  with  a  population  of  one million or more,
  possession of sparkling devices lawfully obtained in a jurisdiction that
  did opt by local law pursuant to paragraph (b) of  subdivision  five  of
  section  405.00  of this chapter to exclude "sparkling devices" from the
  definitions of "fireworks" and "dangerous fireworks", for the purpose of
  lawful use in another jurisdiction that did opt by local law pursuant to
  paragraph (b) of subdivision five of section 405.00 of this  chapter  to
  exclude  "sparkling  devices"  from  the  definitions of "fireworks" and
  "dangerous fireworks". The superintendent of state police shall annually
  publish a list of those jurisdictions  that  have  opted  by  local  law
  pursuant  to paragraph (b) of subdivision five of section 405.00 of this
  chapter  to  exclude  "sparkling  devices"  from  the   definitions   of
  "fireworks" and "dangerous fireworks".
    4.  Sales  of  ammunition  not  prohibited.  Nothing contained in this
  section shall be construed to prevent, or interfere in any way with, the
  sale of ammunition for revolvers or pistols of any kind, or for  rifles,
  shot  guns,  or other arms, belonging or which may belong to any persons
  whether as sporting or hunting weapons or for the purpose of  protection
  to them in their homes, or, as they may go abroad; and manufacturers are
  authorized  to  continue  to manufacture, and wholesalers and dealers to
  continue to deal in and freely to sell ammunition to  all  such  persons
  for such purposes.
    5. Notwithstanding the provisions of subdivision four of this section,
  it  shall  be unlawful for any dealer in firearms to sell any ammunition
  designed exclusively for use in a pistol or revolver to any person,  not
  authorized  to  possess  a  pistol  or  revolver.  The violation of this
  section shall constitute a class B misdemeanor.

S 270.05 Unlawfully possessing or selling noxious material.
  1.  As used in this section, "noxious material" means any container
which contains any drug or other substance capable of generating
offensive, noxious or suffocating fumes, gases or vapors, or capable of
immobilizing a person.
  2.  A person is guilty of unlawfully possessing noxious material when
he possesses such material under circumstances evincing an intent to use
it or to cause it to be used to inflict physical injury upon or to cause
annoyance to a person, or to damage property of another, or to disturb
the public peace.
  3.  Possession of noxious material is presumptive evidence of intent
to use it or cause it to be used in violation of this section.
  4.  Bank security devices not prohibited.  Notwithstanding the
provisions of subdivision one of this section, it shall not be unlawful
for any bank, national banking association, trust company, savings bank,
savings and loan association, industrial bank, or credit union to store,
possess, transport, use or cause to discharge any bank security device
as described in subdivision one of section 270.00 of this chapter; nor
shall it be unlawful for any manufacturer, wholesaler, dealer, jobber or
common carrier to manufacture, store, possess, transport, or sell such a
device to banks, national banking associations, trust companies, savings
banks, savings and loan associations, industrial banks or credit unions.
  5. Self-defense spray devices not prohibited. Notwithstanding the
provisions of subdivisions two and three of this section, it shall not
be unlawful for a person eighteen years of age or older to possess a
self-defense spray device as defined in paragraph fourteen of
subdivision a of section 265.20 of this chapter in accordance with the
provisions set forth therein.
  6. A person is guilty of unlawfully selling a noxious material when he
or she sells a self-defense spray device as defined in paragraph
fourteen of subdivision a of section 265.20 of this chapter and such
sale was not authorized in accordance with the provisions of paragraph
fifteen of subdivision a of section 265.20 of this chapter.
  Unlawfully possessing or selling noxious material is a class B misdemeanor.

S 270.10 Creating a hazard.
  A person is guilty of creating a hazard when:
  1. Having discarded in any place where it might attract children, a
container which has a compartment of more than one and one-half cubic
feet capacity and a door or lid which locks or fastens automatically
when closed and which cannot easily be opened from the inside, he fails
to remove the door, lid, locking or fastening device; or
  2. Being the owner or otherwise having possession of property upon
which an abandoned well or cesspool is located, he fails to cover the
same with suitable protective construction.
  Creating a hazard is a class B misdemeanor.

S 270.15 Unlawfully refusing to yield a party line.
  1. As used in this section:
  (a) "Party line" means a subscriber`s line telephone circuit,
consisting of two or more main telephone stations connected therewith,
each station with a distinctive ring or telephone number.
  (b) "Emergency call" means a telephone call to a police or fire
department, or for medical aid or ambulance service, necessitated by a
situation in which human life or property is in jeopardy and prompt
summoning of aid is essential.
  2. A person is guilty of unlawfully refusing to yield a party line
when, being informed that a party line is needed for an emergency call,
he refuses immediately to relinquish such line.
  Unlawfully refusing to yield a party line is a class B misdemeanor.

S 270.20 Unlawful wearing of a body vest.
  1. A person is guilty of the unlawful wearing of a body vest when
acting either alone or with one or more other persons he commits any
violent felony offense defined in section 70.02 while possessing a
firearm, rifle or shotgun and in the course of and in furtherance of
such crime he wears a body vest.
  2. For the purposes of this section a "body vest" means a
bullet-resistant soft body armor providing, as a minimum standard, the
level of protection known as threat level I which shall mean at least
seven layers of bullet-resistant material providing protection from
three shots of one hundred fifty-eight grain lead ammunition fired from
a .38 caliber handgun at a velocity of eight hundred fifty feet per
second.
  The unlawful wearing of a body vest is a class E felony.

S 270.25 Unlawful fleeing a police officer in a motor vehicle in the third degree.
 A person is guilty of unlawful fleeing a police  officer  in  a  motor
vehicle  in  the  third  degree  when,  knowing  that he or she has been
directed to stop his or her motor vehicle by a uniformed police  officer
or a marked police vehicle by the activation of either the lights or the
lights  and siren of such vehicle, he or she thereafter attempts to flee
such officer or such vehicle by driving at speeds which equal or  exceed
twenty-five miles per hour above the speed limit or engaging in reckless
driving  as  defined by section twelve hundred twelve of the vehicle and
traffic law.
  Unlawful fleeing a police officer in a motor vehicle in the third degree
  is a class A misdemeanor.

S 270.30 Unlawful fleeing a police officer in a motor vehicle in the second degree.
 A person is guilty of unlawful fleeing a police  officer  in  a  motor
vehicle  in  the  second  degree  when  he or she commits the offense of
unlawful fleeing a police officer  in  a  motor  vehicle  in  the  third
degree, as defined in section 270.25 of this article, and as a result of
such conduct a police officer or a third person suffers serious physical
injury.
  Unlawful fleeing a police officer in a motor vehicle in the second degree
  is a class E felony.

S 270.35 Unlawful fleeing a police officer in a motor vehicle in the first degree.
  A person is guilty of unlawful fleeing a police  officer  in  a  motor
vehicle  in  the  first  degree  when  he  or she commits the offense of
unlawful fleeing a police officer  in  a  motor  vehicle  in  the  third
degree, as defined in section 270.25 of this article, and as a result of
such conduct a police officer or a third person is killed.
  Unlawful fleeing a police officer in a motor vehicle in the first degree
  is a class D felony.

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