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ARTICLE 270
OTHER OFFENSES RELATING TO PUBLIC SAFETY
Section 270.00 Unlawfully dealing with fireworks and dangerous
fireworks.
270.05 Unlawfully possessing or selling noxious material.
270.10 Creating a hazard.
270.15 Unlawfully refusing to yield a party line.
270.20 Unlawful wearing of a body vest.
S 270.00 Unlawfully dealing with fireworks and dangerous fireworks.
1. Definition of "fireworks" and "dangerous fireworks". The term
"fireworks," as used in this section, is defined and declared to be and
to include any blank cartridge, blank cartridge pistol, or toy cannon in
which explosives are used, firecrackers, sparklers or other combustible
or explosive of like construction, 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 and 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, bombs, 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. "Fireworks" and "dangerous fireworks"
shall not be deemed to include (1) 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 (2) 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 (3) 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.
2. Offense. (a) Except as herein otherwise provided, or except
where a permit is obtained pursuant to section 405.00; (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;
(b) (i) Except as herein otherwise stated, or except where a permit
is obtained pursuant to section 405.00, any person who shall possess,
use, explode or cause to explode any fireworks or dangerous fireworks is
guilty of a violation.
(ii) A person who shall offer or expose for sale, sell or furnish,
any dangerous fireworks to any person who is under the age of eighteen
is guilty of a class A misdemeanor.
(iii) A person who has previously been convicted of a violation of
subparagraph (ii) of this paragraph 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 fifty
dollars or more shall be a presumption that such fireworks were intended
to be offered or exposed for sale.
3. The provisions of this section shall not apply to articles of the
kind and nature herein mentioned, while in possession of railroads and
transportation agencies for the purpose of transportation to points
without the state, the shipment of which is not prohibited by the
interstate commerce commission regulations as formulated and published
from time to time, unless the same be held voluntarily by such railroads
or transportation companies as warehousemen for delivery to points
within the state; provided, that none of the provisions of this section
shall apply to 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, or to high explosives for
blasting or similar purposes; provided that none of the provisions of
this section shall apply to fireworks or dangerous fireworks and the use
thereof by the army and navy departments of the state and federal
government; nor shall anything in this act contained be construed to
prohibit any manufacturer, wholesaler, dealer or jobber from
manufacturing, possessing or selling at wholesale such fireworks or
dangerous fireworks to municipalities, religious or civic organizations,
fair associations, amusement parks, or other organizations or groups of
individuals authorized to possess and use fireworks or dangerous
fireworks under this act, or the sale or use of blank cartridges for a
show or theatre, or for signal purposes in athletic sports, or for dog
trials or dog training, or the use, or the storage, transportation or
sale for use of fireworks or dangerous fireworks in the preparation for
or in connection with television broadcasts; nor shall anything in this
act contained be construed to prohibit the manufacture of fireworks or
dangerous fireworks, nor the sale of any kind of fireworks or dangerous
fireworks, provided the same are to be shipped directly out of the
state.
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 calibre handgun at a velocity of eight hundred fifty feet per
second.
The unlawful wearing of a body vest is a class E felony.
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