Local Laws

PENDING / PROPOSED LOCAL LAWS (Public Hearing scheduled: May 11, 2017)

A LOCAL LAW AMENDING LOCAL LAW 2 OF 2015, WHICH AUTHORIZED THE SALE AND USE OF SPARKLER DEVICES IN ONTARIO COUNTY

Be it enacted by the Board of Supervisors of the County of Ontario as follows:
Section 1: Title.

This law shall be known as the “Law to Amend Local Law 2 of 2015, Which Authorized the Sale and Use of Sparkler Devices in Ontario County”.
Section 2: Declaration of Intent.

On November 21, 2014 Governor Cuomo signed into law Chapter 477 of the Laws of 2014 (S.788/A1041) which allows for certain fireworks to be sold and used in municipalities that affirmatively enact a local law authorizing such action. This state law amended the State Penal Law, the Executive Law and the General Business Law placing further restrictions on dangerous fireworks while at the same time recognizing that certain fireworks should not be labeled dangerous when they pose little to no danger to the public and by labeling them dangerous only restricts business and personal enjoyment. The Governor signed this version of the bill into law in part due to its strong home rule authority, only allowing for certain fireworks to be sold and used in municipalities that affirmatively enact a local law authorizing such action.

In keeping with Chapter 477 of the Laws of 2014, and Penal Code Section 405(B), this Board of Supervisors passed Local Law 2 of 2015, which further found and determined that “sparkler devices” are neither “fireworks” nor “dangerous fireworks” as defined in Section 270 of the New York State Penal Law, and may be sold and enjoyed, only in the manner described below, within Ontario County. This Board of Supervisors found that allowing our residents the use of safe “sparkler devices” did benefit them and our local businesses, and wishes to amend Local Law 2 of 2015 to eliminate the termination date, which is June 3, 2017, and extend Local Law 2 of 2015 until further action of the Board of Supervisors.

The National Fire Protection Association adopted a recommended safety code (NFPA 1124) for the manufacture, transportation, storage and retail sales of fireworks. Local Law 2 of 2015 as amended by Local Law 1 Intro of 2017 and State Chapter 477 of the Laws of 2014 are compliant with the safety standards established in NFPA 1124, 2006 edition.

Section 3: Restrictions.
The sale and use of “sparkler devices” is permitted with the following restrictions:
A.    Sales will only be permitted on or between June 1st through July 5th and December 26th through January 2nd of each calendar year.
B.    All distributors, manufacturers and retailers must be licensed through the New York Department of State.
C.    All distributors, manufacturers and retailers must be registered through the New York State Office of Fire Prevention and Control.
D.    Only those individuals 18 years of age or older may purchase said products.
E.    Appropriate adult supervision must be provided at all times when said products are used by anyone under the age of 18 years.
F.     Comply with Part 1228 of Title NYCRR Section 1228.3 of the New York State Uniform Fire Prevention and Building Code.

Section 4: Definitions.
“Sparkling Devices” are defined as follows:
“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 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 in 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.
D.    Novelties which do not require approval from the United State department of transportation and are not regulated as explosives, provided that they are manufactured and packaged as described below:
1.     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.
2.     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.
Section 5: Separability.
If any part of or provisions of this law, or the application thereof to any person or circumstance, shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in this operation to the part of or provision of, or application directly involved in the controversy in which such the remainder of this law, or the application thereof to other persons or circumstances.
Section 6: Effective date.
This law shall take effect immediately upon filing with the Secretary of State. This law shall remain in effect until further action of the Ontario County Board of Supervisors.

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Adopted Local Laws from 1952 - Present

Administrative Division
• Creating Administrative Divisions of Ontario County Government and Providing for the Management Thereof, and Further Clarifying Management Responsibilities of Division Managers and Department Heads
• Local Law 7-1984
• Local Law 5-1985
• Local Law 2-1987
• Local Law 11-1988
• Local Law 2-1991
• Local Law 2-1996
• Local Law 2-1995

Animal Care Facility

• Local Law Establishing Impoundment Fees Ontario County Animal Care Facility
• Local Law 5-2004

Awards and Recognition

• Establishing Employee Awards and Recognition, and Authorizing Merit Pay Awards
• Local Law 2-1986

Best Value

• Best Value Competitive Bidding Law
• Local Law 3-2014

Community Service Board

• Local Law Permitting Members of the Community Service Board and its Sub-Committees to Serve for
More Than Two Terms Consecutively
• Local Law 3-2008

Continuity of Government

• Provides a Continuity of Government of the County of Ontario NY, in the Event of an Attack or Public
Disaster
• Local Law 2-1965

Coroners

• Authorization of Physicians to be Employed Also as a Medical Consultant on the Staff of Any County
Department
• Local Law 3-1962

County Administrator

• Local Law Amending the Responsibilities of the County Administrator, Abolishing, Operating Divisions,
and Further Clarifying Various Management Responsibilities
• Local Law 7-1999

County Clerk

• Local Law Providing for Enhanced Personal Privacy Protection for Documents Recorded in the Office of the
County Clerk, and Authorizing an Increase in Fees Collected by the County Clerk for Recording, Entering,
Indexing, and Endorsing a Certificate on any Instrument
• Local Law 4-2008

County Owned Buildings/Property

• Law to Regulate Smoking in Public Places and Worksites
• Local Law 8-1987

• Local Law Prohibiting Use of Tobacco Upon Real Property Owned or Leased by Ontario County
• Local Law 4-2011
• Local Law 2-2016

• Banning Possession of Firearms and Others Dangerous Weapons in Ontario County Buildings
• Local Law 2-1993

• Local Law Relating to the Furnishing of Sewage Collection and Disposal Services to Certain County
Properties
• Local Law 8-1988

• Requiring Prior Notice in Connection with County Highways and/or Other Property Owned by the County of
Ontario or any of its Districts
• Local Law 1-1977
• Local Law 4-1989

County Treasurer

• Fixing Service Charges to be Imposed by the County Treasurer for Receiving, Handling, and Disturbing
Funds, and Coupons Substituted by Contractors in Lieu of Cash Retainage.
• Local Law 5-1974

• Providing for the Collection of Delinquent Village Taxes
• Local Law 6-1977

Departments, Establishment of

• Buildings and Grounds
• Local Law 2-1982
• Local Law 3-1983
• Local Law 5-1984

• Conflict Defender
• Local Law 3-2013

• County Administrative Assistant
• Local Law 3-1975
• Local Law 9-1977
• Local Law 6-1984
• Local Law 4-1995

• Deputy County Administrator
• Local Law 3-1997
• Local Law 2-2002

• Electronic Data Processing Department
• Local Law 4-1974

• Employee Relations
• Local Law 1-1987
• Local Law 6-1991

• Employee and Training
• Local Law 6-1986
• Local Law 5-1988
• Local Law 1-2001
• Local Law 5-2007

• Health Facility Department
• Local Law 4-1979

• Housing and Community Resources
• Local Law 5-1989

• Human Affairs
• Local Law 4-1975
• Local Law 3-1987

• Human Resources
• Local Law 4-1993
• Local Law 4-2015

• Office for the Aging
• Local Law 6-1975
• Local Law 7-1977
• Local Law 9-1987
• Local Law 4-1988
• Local Law 3-1999

• Personnel & Personnel Officer
• Local Law 8-1977
• Local Law 5-1991

• Planning
• Local Law 4-1982

• Public Defender
• Local Law 3-2009
• Local Law 7-2009

• Public Works
• Local Law 4-1987
• Local Law 1-1988
• Local Law 5-1999

• Purchasing
• Local Law 2-1985
• Local Law 7-1988

• Records, Archives, and Information Management Services (RAIMS)
• Local Law 3-1990

• Solid Waste Management
• Local Law 10-1991

• Substance Abuse Services
• Local Law 1-1991

• Tax Department
• Local Law 3-1965

• Traffic Safety Board
• Local Law 3-1971
• Local Law 6-1981

• Youth
• Local Law 4-1977
• Local Law 6-1978
• Local Law 6-1979
• Local Law 3-1988
• Local Law 3-1989
• Local Law 3-1994

District Attorney

• Designation of the Office of District Attorney as a Full-Time Position
• Local Law 2-1975

E-911

• Imposing a Surcharge on Telephone Access Lines to Provide Revenue for System Costs Associated with
the Development and Operation of an Enhanced 911 Emergency Telephone System in the County of
Ontario
• Local Law 7-1991

Environment

• Pursuant to Article 8 of the NYS Environmental Conservation Law Providing for Environmental Quality
Review of Actions Which May Have a Significant Effect on the Environmental
• Local Law 3-1977
• Local Law 5-1993

Fiber Optic

• Local Law in Relation to the Development of an Open Access Fiber Optic Backbone
• Local Law 3-2005

Finger Lakes Community College

• Banning Consumption of Alcohol at Finger Lakes Community College
• Local Law 5-1992
• Local Law 13-1992

Horse Race Meetings

• Imposing Tax on Admissions to Running Horse Race Meetings
• Local Law 1-1962
• Local Law 4-1983

Jail

• Local Law Requiring Inmates of Ontario County Jail Facilities to Pay for Medical and Dental Services if
Covered by a Health Insurance Policy, As Authorized by Chapter 481 of the Laws of New York State
• Local Law 9-1991

Management Compensation Program

• Applying the Management Compensation Program to Certain County Officers Appointed for Definite Terms
• Local Law 1-1990
• Local Law 6-1990
• Local Law 1-1992
• Local Law 1-1993
• Local Law 1-1994
• Local Law 1-1995
• Local Law 1-1996
• Local Law 5-1996
• Local Law 2-1998
• Local Law 2-1998
• Local Law 1-1999
• Local Law 2-1999
• Local Law 10-1999
• Local Law 2-2000
• Local Law 1-2002
• Local Law 5-2002
• Local Law 1-2003
• Local Law 1-2004
• Local Law 5-2005
• Local Law 2-2006
• Local Law 4-2007
• Local Law 2-2007
• Local Law 7-2008
• Local Law 1-2010
• Local Law 3-2010
• Local Law 2-2012
• Local Law 2-2013
• Local Law 4-2014
• Local Law 8-2015

Mental Health

• Provide for a County Mental Health Board
• Local Law 1-1955

Mutual Aid

• Provide for the Delegation of Authority in Instances of Mutual Aid Requests Under General Municipal Law
209-m
• Local Law 3-1996

Off-Track Betting

• Making Ontario County a Participating County in the Regional Off-Track Betting Corporation
• Local Law 2-1973

Outdoor Gatherings

• Regulation and Licensing Outdoor Public Musical Entertainment, Amusements, and Assemblies in Excess of
10,000 Persons, Establishing Licensing Procedures for Same, and Offenses and Penalties.
• Local Law 3-1974

Parks

• Establishing Rules and Regulation for the Use, Operation, and Maintenance of Parks Under the Control,
Supervision, and Jurisdiction of the County of Ontario
• Local Law 4-1976

• Ontario County Parks Law
• Local Law 7-1987

Pawnbrokers, Secondhand Dealers and Jewerly and Coin Exchange Dealers

• Establishing Regulation for Pawnbrokers, Secondhand Dealers and Jewelry and Coin Exchange Dealers in the County of Ontario
• Local Law 6-2015

Probation

• Providing for the Establishment and Collection of Fees by the Ontario County Probation Department
• Local Law 9-1992

Publication

• Superseding County Law 214(2) Regarding Publication of Local Laws
• Local Law 4-1992

Real Property

• Law to Supersede the Provisions of Subdivision 6 of Section 215 of the County Law in Their Application to
County Real Property in the City of Canandaigua
• Local Law 2-1976
• Local Law 2-1980
• Local Law 5-1990

• Law to Supersede the Provisions of Subdivision 6 of Section 215 of the County Law in Their Application to
County Real Property in the Town of Seneca
• Local Law 1-1980
• Local Law 2-2004

• Law to Supersede the Provisions of Subdivision 6 of Section 215 of the County Law in Their Application to
County Real Property in the Town of Victor
• Local Law 7-1986
• Local Law 4-1990

• Law to Supersede the Provisions of Subdivision 6 of Section 215 of the County Law in Their Application to
County Real Property in the Village of Victor
• Local Law 6-1987

• Law to Supersede the Provisions of Subdivision 6 of Section 215 of the County Law in Their Application to
County Real Property in the Village and Town of Manchester and the Town of Farmington
• Local Law 10-1987

• Law to Supersede the Provisions of Subdivision 6 of Section 215 of the County Law in Their Application to
County Real Property in the Town of Hopewell
• Local Law 2-1989
• Local Law 2-2005
• Local Law 1-2006
• Local Law 2-2008

Real Property Taxes

• Creation of Partial Exemption for Real Property Taxes for Property Owners Sixty-Five Years of Age
• Local Law 2-1971
• Local Law 6-1974
• Local Law 3-1978
• Local Law 3-1980
• Local Law 2-1981
• Local Law 9-1988
• Local Law 2-1990
• Local Law 3-1995
• Local Law 2-2001
• Local Law 1-2007
• Local Law 2-2007

• Local Law in Relation to the Maximum Exemption Allowable for the Alternative Veterans Exemption from
Real Property Taxation
• Local Law 8-1984
• Local Law 3-2001

• All to Adopt Certain Benefits Under §458-b of Real Property Tax Law Authorizing an Alternate Tax
Exemption for Cold War Veterans
• Local Law 5-2009

• Provide a Partial Exemption from County Real Property Taxes to Qualified Resident-Applicants Who Are
Disabled in Conformity with Section 459-c of the NYS Real Property Tax Law
• Local Law 5-2001
• Local Law 7-2007
• Local Law 6-2008

• Local Law in Relation to the Valuation of Converted Condominiums and Section 339-y(1)(f) of the NYS
Real Property Law and Section 581(1)© of the NYS Real Property Tax Law
• Local Law 3-2007

Recycling/ Solid Waste

• Dumping of Junk, Garbage, Refuse, or Waste From Sources Located Outside the County of Ontario
• Local Law 2-1974
• Local Law 4-1991
• Local Law 7-1992
• Local Law 12-1992
• Local Law 2-1994

• Regulating Disposal of Solid Waste in Ontario County
• Local Law 13-1992
• Local Law 4-1994

• Solid Waste Management Recycling
• Local Law 6-1992

Residency Requirements

• Local Law Superseding Public Officers Law Section 3 (1) Residency of Certain Officers
• Local Law 8-1999
• Local Law 1-2016

• Local Law Superseding Public Officers Law Section 3 (1) Residency of Purchasing Director
• Local Law 6-1999

• Local Law Superseding Public Officers Law Section 3 (1) Residency of Finance Officer and Auditor
• Local Law 5-1994

Retirement

• Local Law Electing a Retirement Incentive Program As Authorized by Chapter 178, Laws of 1991, For the
Eligible Employees of the County of Ontario
• Local Law 8-1991
• Local Law 10-1992
• Local Law 11-1992
• Local Law 3-2002

Salaries

School Hygiene District

• Abolishing School Hygiene District
• Local Law 5-1978

Self-Insurance

• Establishment
• Local Law 1-1956
• Local Law 3-1982
• Local Law 2-1992
• Local Law 5-1997
• Local Law 4-1999
• Local Law 5-2015

• Establishing Prevention Policy for the Ontario County Mutual Self Insurance Plan
• Local Law 3-1992

Sewer

• Regulating the Use of and Connections to Public Sewers Within any Sewer District Established by the
County of Ontario, and Providing Penalties for Violations Thereof
• Local Law 7-1975
• Local Law 2-1979
• Local Law 5-1980
• Local Law 5-1982
• Local Law 4-1984

• Establishment and Imposing of Sewer Rents Within Portions of the Canandaigua Lake County
Sewer District, Honeoye Lake County Sewer District, and Extension No. 1 of the Honeoye Lake County
Sewer District.
• Local Law 8-1975
• Local Law 3-1979
• Local Law 5-1981
• Local Law 2-1983
• Local Law 8-1986
• Local Law 11-1991
• Local Law 2-2003

• Enlarging the Applicability of the Ontario County Sewer Rents Local Law
• Local Law 1-1978

• Prohibiting Illicit Discharges, Activities, and Connections to the Ontario County Separate Storm Sewer
System
• Local Law 9-2007

• Ontario County Sewer Use Local Law
• Local Law 5-1995
• Local Law 4-2004

• Ontario County Sewer Rents Local Law
• Local Law 6-1995
• Local Law 4-1996
• Local Law 1-2000
• Local Law 6-2001
• Local Law 7-2002
• Local Law 3-2003
• Local Law 3-2004
• Local Law 6-2005
• Local Law 3-2006
• Local Law 8-2007
• Local Law 5-2008
• Local Law 6-2009
• Local Law 4-2010
• Local Law 8-2011

Sheriff's Department

• Providing Civil Service Coverage for Certain Employees in the Ontario County Sheriff’s Department
• Local Law 5-1977
• Local Law 4-1978
• Local Law 3-1991

• Providing for the Indemnification and Defense of Certain Punitive Damage Claims Against Police Officers
Employed by the County of Ontario
• Local Law 3-1986
• Local Law 1-1989

Social Host

• Local Law Prohibiting the Consumption of Alcoholic Beverages and/or Illegal Drugs by Minors on Private
Premises in Ontario County
• Local Law 1-2009
• Local Law 4-2009

Sparkler Devices

• Local Law to Authorize the Sale and Use of Sparkler Devices in Ontario County
• Local Law 2-2015

Taxes

• Providing Exemption from Taxation and Special Ad Valorem Levies imposed by the County of Ontario for
County and Part County Purposes
• Local Law 7-1978

• Opting Out of the Solar and Wind Energy Tax Exemption
• Local Law 2-1997

• Ontario County Room Occupancy Tax Law
• Local Law 4-2002
• Local Law 1-2005
• Local Law 1-2008
• Local Law 1-2011
• Local Law 2-2014

• Itemize Costs Contained in the County Tax Bill
• Local Law 6-2002
• Local Law 6-2004
• Local Law 4-2006
• Local Law 7-2011

• Pursuant to Chapter 97-2011 of the Laws of State of New York and Section 3-c of the General Municipal
Law Overriding Tax Levy Limit
• Local Law 5-2011
• Local Law 1-2012
• Local Law 1-2013
• Local Law 1-2014
• Local Law 1-2015
• Local Law 3-2015
• Local Law 9-2015
• Local Law 3-2016

• Authoring and Enclosure in the County’s Tax Bill Setting Forth the Amounts or Percentages of County
Taxes that Pay for Major Programs Mandated by the State of New York
• Local Law 3-2012

Transportation

• Authorizing Contracts for Mass Transportation
• Local Law 3-1993

Treasurer

• Local Law Retaining the Elected County Treasurer and Assigning Certain Powers and Duties to an
Appointed Director of Finance
• Local Law 4-2003

Tobacco Settlement

• Right to Receive Payments Under The Master Settlement Agreement
•Local Law 4-2001

Tobacco Use

County Owned Buildings/Property
• Law to Regulate Smoking in Public Places and Worksites
• Local Law 8-1987

• Local Law Prohibiting Use of Tobacco Upon Real Property Owned or Leased by Ontario County
• Local Law 4-2011
• Local Law 2-2016

Uniform Fire Prevention and Building Code

• Providing for Administration and Enforcement of the New York State Uniform Fire Prevention and Building
Code in the County of Ontario
• Local Law 9-1999
• Local Law 5-2006
• Local Law 2-2010

Vacancies

• Providing for the Filling of Vacancies in Elective County Offices in the County of Ontario
• Local Law 4-1980

Weighted Votes

• Provides Weighted Voting by members of the Board of Supervisors
• Local Law 3-1968
• Local Law 1-1982
• Local Law 8-1992
• Local Law 7-2001
• Local Law 2-2011

Wetlands

• Freshwater Wetlands
• Local Law 6-1976
• Local Law 5-1986

Wireless Devices

• Local Law Prohibiting the Use of Wireless Handsets to Compose, Read, or send Text Messages While
Operating a Motor Vehicle in Ontario County
• Local Law 2-2009

• Local Law Imposing a Surcharge on Wireless Communications Devices within the County of Ontario
• Local Law 8-2002

Worker’s Compensation

• Establishing a Worker’s Compensation Reserve Fund for County of Ontario
• Local Law 1-1979
• Local Law 3-1985
• Local Law 3-2011
• Local Law 6-2011