Silly String and Smoke Bombs
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Giggles erupt whenever someone breaks out a can of silly string or sets off a smoke bomb or stink bomb. However, during crowded parades and other public gatherings, not everybody is laughing. Some municipalities have taken steps to outlaw the possession and discharge of these and other aerosol can amusement products in public places. Other municipalities restrict the days when these products can be sold, such as during summer months or 24 hours prior to and during a parade or other public event. If you are interested in reviewing this sample legislation, which contains definitions and restrictions, as well as penalties, simply read on...
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Ridgewood V. NJ |
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Chapter 240
SILLY STRING
[HISTORY: Adopted by the Village Council of the Village of Ridgewood 4-14-1998 by Ord. No. 2624. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas -- See Ch. 212.
Peace and good order -- See Ch. 215.
Streets and sidewalks -- See Ch. 249.
§ 240-1. Discharge in public prohibited.
No person, including any individual or entity, shall discharge or permit the discharge of a product called "Silly String" in or along the public streets, sidewalks, parks or public places in the Village of Ridgewood at any time.
§ 240-2. Restrictions on sales.
No person, including any individual or entity, shall sell a product called "Silly String" in or along the public streets, sidewalks, parks, public places or from any business conducted in the Village of Ridgewood from May 15 to July 15, both inclusive, and in December of any year.
§ 240-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
PARK -- Any area in the Village of Ridgewood dedicated as a public park or used for park, recreation or conservation purposes.
PUBLIC PLACES -- Any place owned, leased or utilized for the benefit of the public by or on behalf of the Village of Ridgewood or any governmental agency.
SIDEWALK -- The area within the public right-of-way adjoining streets in the Village of Ridgewood.
SILLY STRING -- A putty-like substance which is shot and/or propelled by use of an aerosol can and/or similar dispenser and which, when so shot/propelled, emerges from said can/dispenser in a string-like form, the same being sold under the product name of "Silly String" and/or other product names.
STREETS -- Any street laid out and used as a public thoroughfare in the Village of Ridgewood.
§ 240-4. Violations and penalties.
A violation of this chapter shall subject the violator to the penalties provided in § 1-15, Violations and penalties, of the Ridgewood Code. |
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Fitchburg C. MA |
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Chapter 132
PEACE AND GOOD ORDER
ARTICLE IV
Sale or Possession of Certain
Amusement Products in Public Areas
[Adopted 6-1-1999 by Ord. No. 216-99]
§ 132-39. Definitions.
As used in this article, the following terms shall have the following meanings indicated:
AEROSOL CAN AMUSEMENT PRODUCT -- Any other product sold or used for amusement in an aerosol can or other container which ejects, emits or expels any paint, shaving cream, foam, noxious or flammable material or a similar product or article having an equivalent effect.
PUBLIC -- Affecting or likely to affect persons in a place in which the public or a substantial group has access. Among the places included are highways, transport facilities, schools, prisons, apaartment houses, places of business or amusement or any neighborhood, any public highway or way of public passage.
SILLY STRING -- A certain amusement product sold or used for amusement that ejects a soft rubbery substance from a container that, after being expelled, generally resembles a string, or string-like material or a similar article or product having an equivalent effect.
SMOKE BAG OR INSTANT SMOKE -- A certain amusement product sold or used for amusement in any container holding any material which, when exposed to air, or ignited by any action or device, produces any quantity of visibly detectable smoke-like emission or makes loud noises or causes an audible explosion or a similar article or product having an equivalent effect.
§ 132-40. Prohibition on use or sale of certain amusement products.
No person, corporation or entity shall use or possess in any public place, or offer, or display for sale, or sell amusement products defined herein as silly string, smoke bag, instant smoke or other aerosol can amusement products within the City of Fitchburg during the following times at the following places:
- At, within or upon any public place or place to which the public has access, including parks, playgrounds, public buildings, places of business or amusement, public streets, public and/or private sidewalks, accessways, highways or ways of public passage, parking lots, malls or shopping centers to which the public has access as invitees or licensees.
- During the 24 hours preceding and during the entire operation and duration of any parade and civic days events.
§ 132-41. Exemption.
No section of this article shall apply to prohibited amusement products which are in transit or storage in interstate commerce.
§ 132-42. Enforcement.
Any police officer, or other public servant engaged in executing or enforcing the law, may take any and all actions reasonable and necessary to enforce this article, including, but not limited to, inspecting any vendors or public premises to verify compliance.
§ 132-43. Injunction.
In addition to all other remedies and penalties provided by this article, the City of Fitchburg may bring suit in a court of competent jurisdiction to seek injunctive or other appropriate relief to halt any violation of this article. Such action may include seeking a temporary restraining order or preliminary injunction and other appropriate relief. Nothing in this article shall be deemed to restrict a suit for damages on behalf of the City of Fitchburg or on behalf of any other person or entity.
§ 132-44. Violations and penalties.
Any person, corporation or entity found guilty of violating any provision of this article shall be punished by a fine of $300 for each such offense.
§ 132-45. Severability.
In the absence of specific language to the contrary, each section, each provision or requirement of a section of this article shall be considered separable, and the invalidity of any portion of this article shall not affect the enforceability of any other portion.
§ 132-46. Interpretation.
It is the intent of the City of Fitchburg, acting by and through its legislative and executive branches, to prohibit certain behaviors and conduct as set forth in this article consistent with the Constitution of the United States of America and the Commonwealth of Massachusetts and the statutory provisions of the Commonwealth of Massachusetts. Any ambiguity or doubt in interpreting or construing any section, word or provision of this article shall be resolved in a manner so as to further the expressed intent of the article. |
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Andover T. MA |
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§ 39. Silly string, smoke bombs and stink bombs. [Added 4-29-1998 ATM, Art. 81]
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Purpose: |
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The town has experienced severe problems with persons discharging stink bombs, smoke bombs and silly string and other aerosol products in and around the Andover Public Schools and in and around public ways of the town. School days have been disrupted due to the discharge of these products in the schools. Stink bombs, smoke bombs, silly string and other aerosol products are causing a deterioration of the aesthetics of the community. The public safety, health and welfare are adversely affected by the discharge of stink bombs, smoke bombs, silly string and other aerosol products at parades and other public gatherings. It is the purpose and intent of this by-law to eliminate the adverse secondary effects caused by these products, with those secondary effects having been clearly confirmed by reports given by public school and safety officials, which have been relied upon in the enactment of this by-law. |
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Definitions: |
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SILLY STRING -- An aerosol device that upon discharge emits a string-like substance.
SMOKE BOMB -- A chemical bomb that upon detonation discharges smoke.
STINK BOMB -- A chemical bomb that upon detonation emits a foul odor.
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The sale, distribution and discharge of stink bombs, smoke bombs and aerosol silly string products within the Town of Andover are prohibited. |
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This by-law shall not apply to public safety personnel in the conduct of their duties. |
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