Consumer fireworks are illegal statewide under NY Penal Law 270.00, but sparkling devices are legal in Erie County because the county has not opted out. Aerial and explosive fireworks remain banned everywhere.
New York bans dangerous fireworks (firecrackers, bottle rockets, Roman candles, aerials) statewide under Penal Law 270.00. Since a 2015 amendment, low-hazard 'sparkling devices' (ground-based sparklers, fountains, party poppers) are legal to sell and use unless a county opts out by local law. Erie County has NOT adopted a prohibition, so sparkling devices are permitted here. NY's Office of Fire Prevention and Control lists the counties that banned them, and Erie is not among them. Only registered retailers may sell sparkling devices, seasonally around June and December. Users must be 18 or older. Municipal displays require a licensed operator and permit.
Possessing or using dangerous fireworks is a violation; selling or furnishing them is a misdemeanor under Penal Law 270.00, punishable by fines and up to a year in jail for larger quantities.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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See how Erie County's fireworks rules stack up against other locations.
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