Utica follows New York State Penal Law Β§270.00, which prohibits the possession, sale, and use of all consumer fireworks. Only ground-based sparkling devices (sparklers, fountains) are permitted under the 2015 state amendment because Oneida County opted in. Aerial fireworks, firecrackers, bottle rockets, and Roman candles remain illegal.
Utica enforces New York Penal Law Β§270.00, which makes it a class B misdemeanor to offer, expose for sale, sell, or possess fireworks or dangerous fireworks. Aerial devices, firecrackers, bottle rockets, Roman candles, and any explosive or projectile pyrotechnic remain illegal throughout Utica and the rest of New York State. Following the 2015 amendment to the law, sparklers and other ground-based sparkling devices (handheld and ground-based sparkling devices that produce a shower of sparks without explosion or projectile) are legal in counties that have opted in. Oneida County has opted in, so Utica residents may legally purchase and use sparklers and ground-based fountains. Sales are restricted to seasonal periods: June 1 through July 5 and December 26 through January 2. Purchasers must be at least 18 years old. Public fireworks displays require a state-licensed pyrotechnician and a permit from the Utica Fire Department. Personal use of any aerial or explosive device, including those legally purchased in neighboring Pennsylvania, is a misdemeanor in Utica.
Possession or use of illegal fireworks is a class B misdemeanor punishable by up to 90 days in jail and a $500 fine. Selling illegal fireworks is a class A misdemeanor with up to one year in jail and a $1,000 fine. Quantities of 50 pounds or more elevate the charge to a class E felony. Confiscated fireworks are destroyed. Report violations to Utica PD at (315) 735-3301.
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