Bill Text: NJ S3148 | 2018-2019 | Regular Session | Introduced


Bill Title: Clarifies that municipalities may not prohibit sale and use of legal consumer fireworks.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2018-10-22 - Introduced in the Senate, Referred to Senate Commerce Committee [S3148 Detail]

Download: New_Jersey-2018-S3148-Introduced.html

SENATE, No. 3148

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED OCTOBER 22, 2018

 


 

Sponsored by:

Senator  JEFF VAN DREW

District 1 (Atlantic, Cape May and Cumberland)

 

 

 

 

SYNOPSIS

     Clarifies that municipalities may not prohibit sale and use of legal consumer fireworks. 

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning consumer fireworks and amending R.S.40:48-1.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

1.      R.S.40:48-1 is amended to read as follows: 

     40:48-1.      Ordinances; general purpose.  The governing body of every municipality may make, amend, repeal and enforce ordinances to: 

     Finances and property.  1.  Manage, regulate and control the finances and property, real and personal, of the municipality;

     Contracts and contractor's bonds.  2.  Prescribe the form and manner of execution and approval of all contracts to be executed by the municipality and of all bonds to be given to it;

     Officers and employees; duties, terms and salaries.  3.  Prescribe and define, except as otherwise provided by law, the duties and terms of office or employment, of all officers and employees; and to provide for the employment and compensation of such officials and employees, in addition to those provided for by statute, as may be deemed necessary for the efficient conduct of the affairs of the municipality;

     Fees.  4.  Fix the fees of any officer or employee of the municipality for any service rendered in connection with his office or position, for which no specific fee or compensation is provided.  In the case of salaried officers or employees, such fee shall be paid into the municipal treasury;

     Salaries instead of fees; disposition of fees.  5.  Provide that any officer or employee receiving compensation for his services, in whole or in part by fees, whether paid by the municipality or otherwise, shall be paid a salary to be fixed in the ordinance, and thereafter all fees received by such officer or employee shall be paid into the municipal treasury;

     Maintain order.  6.  Prevent vice, drunkenness and immorality; to preserve the public peace and order; to prevent and quell riots, disturbances and disorderly assemblages; to prohibit the consumption of alcoholic beverages by underage persons on private property pursuant to section 1 of P.L.2000, c.33 (C.40:48-1.2);

     Punish beggars; prevention of loitering.  7.  Restrain and punish drunkards, vagrants, mendicants and street beggars; to prevent loitering, lounging or sleeping in the streets, parks or public places;

     Auctions and noises.  8.  Regulate the ringing of bells and the crying of goods and other commodities for sale at auction or otherwise, and to prevent disturbing noises;

     Swimming; bathing costume; prohibition of public nudity. 9. Regulate or prohibit swimming or bathing in the waters of, in, or bounding the municipality, and to regulate or prohibit persons from appearing upon the public streets, parks and places clad in bathing costumes or robes, or costumes of a similar character; regulate or prohibit persons from appearing in a state of nudity upon all lands within its borders which are under the jurisdiction of the State including, without limitation, all lands owned by, controlled by, managed by or leased by the State;

     Prohibit annoyance of persons or animals.  10.  Regulate or prohibit any practice tending to frighten animals, or to annoy or injure persons in the public streets;

     Animals; pounds; establishment and regulation.  11.  Establish and regulate one or more pounds, and to prohibit or regulate the running at large of horses, cattle, dogs, swine, goats and other animals, and to authorize their impounding and sale for the penalty incurred, and the costs of impounding, keeping and sale; to regulate or prohibit the keeping of cattle, goats or swine in any part of the municipality; to authorize the destruction of dogs running at large therein;

     Hucksters.  12.  Prescribe and regulate the place of vending or exposing for sale articles of merchandise from vehicles;

     Building regulations; wooden structures.  13.  Regulate and control the construction, erection, alteration and repair of buildings and structures of every kind within the municipality; and to prohibit, within certain limits, the construction, erection or alteration of buildings or structures of wood or other combustible material;

     Inflammable materials; inspect docks and buildings.  14.  Regulate the use, storage, sale and disposal of inflammable or combustible materials, and to provide for the protection of life and property from fire, explosions and other dangers; to provide for inspections of buildings, docks, wharves, warehouses and other places, and of goods and materials contained therein, to secure the proper enforcement of such ordinance;

     Dangerous structures; removal or destruction; procedure.  15.  Provide for the removal or destruction of any building, wall or structure which is or may become dangerous to life or health, or might tend to extend a conflagration; and to assess the cost thereof as a municipal lien against the premises;

     Chimneys and boilers.  16.  Regulate the construction and setting up of chimneys, furnaces, stoves, boilers, ovens and other contrivances in which fire is used;

     Explosives.  17.  Regulate, in conformity with the statutes of this State, the manufacture, storage, sale, keeping or conveying of gunpowder, nitroglycerine, dynamite and other explosives;

     Firearms and fireworks.  18.  Regulate and prohibit the sale and use of guns, pistols, firearms, and fireworks of all descriptions, except that a municipality shall not regulate or prohibit the sale and use of sparkling devices and novelties authorized pursuant to paragraph (2) of subsection b. of R.S.21:3-2 and any ordinance enacted by a municipality which regulates or prohibits the sale and use of these sparkling devices and novelties shall be invalid and inoperative;

     Soft coal.  19.  Regulate the use of soft coal in locomotives, factories, power houses and other places;

     Theaters, schools, churches and public places.  20.  Regulate the use of theaters, cinema houses, public halls, schools, churches, and other places where numbers of people assemble, and the exits therefrom, so that escape therefrom may be easily and safely made in case of fire or panic; and to regulate any machinery, scenery, lights, wires and other apparatus, equipment or appliances used in all places of public amusement;

     Excavations.  21.  Regulate excavations below the established grade or curb line of any street, not greater than eight feet, which the owner of any land may make, in the erection of any building upon his own property; and to provide for the giving of notice, in writing, of such intended excavation to any adjoining owner or owners, and that they will be required to protect and care for their several foundation walls that may be endangered by such excavation; and to provide that in case of the neglect or refusal, for 10 days, of such adjoining owner or owners to take proper action to secure and protect the foundations of any adjacent building or other structure, that the party or parties giving such notice, or their agents, contractors or employees, may enter into and upon such adjoining property and do all necessary work to make such foundations secure, and may recover the cost of such work and labor in so protecting such adjacent property; and to make such further and other provisions in relation to the proper conduct and performance of said work as the governing body or board of the municipality may deem necessary and proper;

     Sample medicines.  22.  Regulate and prohibit the distribution, depositing or leaving on the public streets or highways, public places or private property, or at any private place or places within any such municipality, any medicine, medicinal preparation or preparations represented to cure ailments or diseases of the body or mind, or any samples thereof, or any advertisements or circulars relating thereto, but no ordinance shall prohibit a delivery of any such article to any person above the age of 12 years willing to receive the same;

     Boating.  23.  Regulate the use of motor and other boats upon waters within or bounding the municipality;

     Fire escapes.  24.  Provide for the erection of fire escapes on buildings in the municipality, and to provide rules and regulations concerning the construction and maintenance of the same, and for the prevention of any obstruction thereof or thereon;

     Care of injured employees.  25.  Provide for the payment of compensation and for medical attendance to any officer or employee of the municipality injured in the performance of his duty;

     Bulkheads and other structures.  26.  Fix and determine the lines of bulkheads or other works or structures to be erected, constructed or maintained by the owners of lands facing upon any navigable water in front of their lands, and in front of or along any highway or public lands of said municipality, and to designate the materials to be used, and the type, height and dimensions thereof;

     Lifeguard.  27.  Establish, maintain, regulate and control a lifeguard upon any beach within or bordering on the municipality;

     Appropriation for life-saving apparatus.  28.  Appropriate moneys to safeguard people from drowning within its borders, by location of apparatus or conduct of educational work in harmony with the plans of the United States volunteer life-saving corps in this State;

     Fences.  29.  Regulate the size, height and dimensions of any fences between the lands of adjoining owners, whether built or erected as division or partition fences between such lands, and whether the same exist or be erected entirely or only partly upon the lands of any such adjoining owners, or along or immediately adjacent to any division or partition line of such lands.  To provide, in such ordinance, the manner of securing, fastening or shoring such fences, and for surveying the land when required by statute, and to prohibit in any such ordinance the use at a height of under 10 feet from the ground, of any device, such as wire or cable, that would be dangerous to pedestrians, equestrians, bicyclists, or drivers of off-the-road vehicles, unless that device is clearly visible to pedestrians, equestrians, bicyclists or drivers of off-the-road vehicles.  In the case of fences thereafter erected contrary to the provisions thereof, the governing body may provide for a penalty for the violation of such ordinance, and in the case of such fence or fences erected or existing at the time of the passage of any such ordinance, may provide therein for the removal, change or alteration thereof, so as to make such fence or fences comply with the provisions of any such ordinance;

     Advertise municipality.  30.  Appropriate funds for advertising the advantages of the municipality;

     Government Energy Aggregation Programs.  31.  Establish programs and procedures pursuant to which the municipality may act as a government aggregator pursuant to sections 40 through 43 of P.L.1999, c.23 (C.48:3-89 through C.48:3-92), section 45 of P.L.1999, c.23 (C.48:3-94), and sections 1, 2 and 6 of P.L.2003, c.24 (C.48:3-93.1 through C.48:3-93.3).  Notwithstanding the provisions of any other law, rule or regulation to the contrary, a municipality acting as a government aggregator pursuant to P.L.1999, c.23 (C.48:3-49 et al.) shall not be deemed to be a public utility pursuant to R.S.40:62-24 or R.S.48:1-1 et seq. or be deemed to be operating any form of public utility service pursuant to R.S.40:62-1 et seq., to the extent such municipality is solely engaged in the provision of such aggregation service and not otherwise owning or operating any plant or facility for the production or distribution of gas, electricity, steam or other product as provided in R.S.40:62-12;

     Joint municipal action on consent for the provision of cable television service.  32.  Establish programs and procedures pursuant to which a municipality may act together with one or more municipalities in granting municipal consent for the provision of cable television service pursuant to the provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.) as amended and supplemented.  Notwithstanding the provisions of any other law, rule or regulation to the contrary, two or more municipalities acting jointly pursuant to the provisions of P.L.1972, c.186 (C.48:5A-1 et seq.) shall not be deemed a public utility pursuant to R.S.48:1-1 et seq., to the extent those municipalities are solely engaged in granting municipal consent jointly and are not otherwise owning or operating any facility for the provision of cable television service as provided in P.L.1972, c.186 (C.48:5A-1 et seq.);

     Private cable television service aggregation programs.  33.   Establish programs and procedures pursuant to which a municipality may employ the services of a private aggregator for the purpose of facilitating the joint action of two or more municipalities in granting municipal consent for the provision of cable television service provided that any such municipality shall adhere to the provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.) as amended and supplemented, and to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.) as amended and supplemented.  Notwithstanding the provisions of any other law, rule or regulation to the contrary, a municipality that employs the services of a private aggregator pursuant to the provisions of P.L.1972, c.186 (C.48:5A-1 et seq.)  shall not be deemed a public utility pursuant to R.S.48:1-1 et seq., to the extent that the municipality is solely engaged in employing the services of a private aggregator for the purpose of facilitating the joint action of two or more municipalities in granting municipal consent and is not otherwise owning or operating any facility for the provision of cable television service as provided in P.L.1972, c.186 (C.48:5A-1 et seq.);

     Protective Custody.  34.  Provide protective custody to persons arrested for  operating a motor vehicle under the influence of alcoholic beverages, any chemical substance, or any controlled dangerous substance in violation of R.S.39:4-50 as provided in section 1 of P.L.2003, c.164 (C.40:48-1.3);

     Private Outdoor Video Surveillance Camera Registry.  35.   Establish a private outdoor video surveillance camera registry and  allow voluntary registration of private outdoor video surveillance cameras as provided in P.L.2015, c.142 (C.40:48-1.6 et al.).

(cf:  P.L.2015, c.142, s.3)

 

     2.    This act shall take effect on the first day of the fourth month next following the date of enactment. 

 

 

STATEMENT

 

     This bill clarifies that municipalities are prohibited from regulating or prohibiting the sale and use of consumer fireworks legal under State law. 

     P.L.2017, c.92 amended the State's fireworks law to authorize the sale, possession, storage, and use of limited types of consumer fireworks by persons at least 16 years old.  These sparkling devices and other novelty fireworks include wood sticks or wire sparklers of not more than 100 grams of pyrotechnic mixture per item; hand held or ground based sparkling devices which are non-explosive and non-aerial, which may produce a crackling or whistling effect, and contain 75 grams or less of pyrotechnic composition per tube or a total of 500 grams or less for multiple tubes; and snakes and glow worms, smoke devices, and trick noisemakers, which include party poppers, snappers, and drop pops, each consisting of 25/100 grains or less of explosive mixture.  This law specifically prohibits municipalities from regulating the sale and use of these sparkling devices and novelties, except to ensure that their storage and sale are consistent with national fireworks standards, specifically NFPA 1124 2006.

     This bill amends the State's statute granting general and regulatory powers to municipalities to clarify that municipalities are prohibited from regulating the sale and use of sparkling devices and novelties that are legal under State law.  An ordinance enacted by a municipality in violation of this prohibition is to be deemed invalid and inoperative.

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