Local Law 13 - 2018 REDLINE VERSIONNEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filing
Draft: 9-24-18
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of WAPPINGER
Local Law No. of the year 2018
A local law entitled "A Local Law for the Purpose of Amending Chapter 166, Noise, of the Town
Code with Respect to Fireworks."
Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows:
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LOCAL LAW No. OF THE YEAR 2018
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1. Title
This Local Law shall be known and cited as "Local Law No. _ of 2018, for the Purpose of Amending
Chapter 166, Noise, of the Town Code with Respect to Fireworks."
Section 2. Legislative Intent
The Town Board believes that it is reasonable and appropriate to update and amend Chapter 166,
Noise, of the Town Code with respect to fireworks. This local law is determined to be an exercise of
the police powers of the Town to protect the public health, safety and welfare of its residents.
Section 3. Amendments to Chapter 166, Noise
A new Section 166-9.H shall be added and shall read as follows:
H. Except as provided in Section 166-5.R herein, no person shall engage in the use of
fireworks between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be
plainly audible in any public place at a distance of 50 feet or more in any direction or
so as to annoy or disturb the reasonable quiet, comfort or repose of persons in any
dwelling, hotel, hospital, or other type of residence, or in any office, or of any persons
in the vicinity of any such person in or on the public sidewalks, ways or other public
places. In no case shall this paragraph be construed to authorize the use of illegal
fireworks.
Section 4. Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the Town of
Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force
and effect and is otherwise ratified, readopted and confirmed.
Section 5. Numbering for Codification
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local
Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of
this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that
the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and that any
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such rearranging of the numbering and editing shall not affect the validity of this Local Law or the
provisions of the Code affected thereby.
Section 6. Separability
The provisions of this Local Law are separable and if any provision, clause, sentence, subsection,
word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or
circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or
impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local
Law or their application to other persons or circumstances. It is hereby declared to be the legislative
intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if
such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not
been included therein, and if such person or circumstance to which the Local Law or part thereof is
held inapplicable had been specifically exempt therefrom.
Section 7. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
the Municipal Home Rule Law.
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