[HISTORY: Adopted by the Town Board of the Town of Sand Lake 5-11-1994
by L.L. No. 1-1994. Amendments noted where applicable.]
This chapter will be known as the "Public Display of Fireworks Law."
The intent of this chapter is to establish comprehensive controls for
the display of fireworks in the Town of Sand Lake in order to promote and
protect the health, safety, comfort, convenience and the general welfare of
the people.
As used in this chapter, the following terms shall have the meanings
indicated:
As defined in Penal Law § 270.00, Subdivision 1, as amended.
The Town Supervisor of the Town of Sand Lake.
Any person wishing to possess, use, explode or cause to explode any
fireworks, pursuant to § 405.00 of the New York State Penal Law,
within the Town of Sand Lake must make an application for a permit to do so,
setting forth the following:
A.
The name of the body sponsoring the display and the name
of the persons actually to be in charge of the firing of the display.
B.
The date and time of day in which the display is to be
held.
C.
The exact location planned for the display.
D.
The age, experience and physical characteristics of the
persons who are to do the actual discharging of the fireworks.
E.
The number and kind of fireworks to be discharged.
F.
The manner and place of storage of the fireworks prior
to the display.
G.
A diagram of the grounds on which the display is to be
held showing the point of which the fireworks are to be discharged, the location
of all buildings, highways and other lines of communication, the lines behind
which the audience will be restrained and the location of all trees, telegraph
and telephone lines or other overhead obstructions.
H.
Such other information as the permit authority may deem
necessary to protect persons or property.
A.
All applications for permits for the public display of
fireworks shall be made at least 15 days in advance of the date of the display
unless the permit authority, in his or her discretion, entertains an application
submitted less than 15 days in advance.
An applicant for a permit shall submit an application on a form prescribed
by the permit authority. The application shall be submitted with a fee as
set the Town Board, accompanied by a site plan drawn to scale, adequately
dimensioned, showing the location of the fireworks display and the location
of all trees, telephone poles and structures. The applicant shall provide
such other information as the permit authority may require.
A.
The actual point that the fireworks are to be fired shall
be at least 200 feet from the nearest permanent building, public highway,
railroad or other means of travel and at least 50 feet from the nearest aboveground
telephone or telegraph line, tree or other overhead obstruction.
B.
The audience of such display shall be restrained behind
lines at least 150 feet from the point at which the fireworks are discharged,
and only persons in active charge of the display shall be allowed inside these
lines.
C.
All fireworks that fire a projectile shall be so set
up that the projectile will go into the air as near as possible in a vertical
direction, unless such fireworks are to be fired from the shore of a lake
or other large body of water when they may be directed in such manner that
the falling residue from the deflagration will fall into such lake or body
of water.
D.
Any fireworks that remain unfired after the display has
been concluded shall be immediately disposed of in a way safe for the particular
type of fireworks remaining.
E.
No fireworks display shall be held during any kind of
storm in which the wind reaches a velocity of more than 30 miles per hour.
F.
All of the persons in actual charge of firing the fireworks
shall be over the age of 18 years, competent and physically capable. There
should be at least two such operators constantly on duty during the discharge
and at least two approved-type fire extinguishers of at least 2 1/2 gallons'
capacity; each shall be kept as widely separated as possible within the actual
area of the display.
G.
No permit granted and issued hereunder shall be transferable.
After such permit shall have been granted, sales, possession, use and distribution
of fireworks for such display will be lawful solely therefor.
H.
The applicant shall notify the local Fire Department
of its application for a permit and supply a copy of said application to the
Department on request. The Fire Department may comment to the permit authority
on the advisability of granting said permit. If the Department, in its discretion,
believes that it should stand by at the event, then the applicant shall pay
to the Department the reasonable cost thereof or make a reasonable contribution
to defray the expense thereof.
The applicant for a permit shall state, in writing, that he or she will
accept the terms and conditions of the permit and will observe all requirement
of this chapter, Penal Law § 405.00, and all other applicable laws,
regulations or rules and will conduct the display in a safe and prudent manner.
Before granting and issuing a permit for a public display of fireworks
as herein provided, the permit authority shall require a bond from the applicant,
unless it is a state park, county park, city, village or town, with liability
coverage and Town of Sand Lake indemnity protection equivalent to a minimum
of $1,000,000 for the express purpose of indemnifying the Town of Sand Lake
for all damages which may be caused to a person or to property by reason of
the public fireworks display. Such bond shall run to the Town of Sand Lake
and shall be for the use and benefit of any persons or owners of any property
so injured or damaged by the public fireworks display. The permit authority
may accept, in lieu of such bond, an indemnity insurance policy with liability
covered in indemnity protection equivalent to the terms and conditions upon
which such bond is predicated for the purposes herein provided.
Any person aggrieved by any action of the permit authority taken pursuant
to the provisions of this chapter may appeal to the Town Board. The Town Board
of Sand Lake shall, upon appeal, hear and decide any question involving the
interpretation of any provision of this chapter.
The permit authority shall stipulate on the face of the permit issued
the duration of the permit.
A.
In addition to any other sanction at law, violation of
this chapter shall make each violator liable for a civil penalty not to exceed
$500 for each offense.
B.
In addition to the penalty of Subsection A above, any person, firm, corporation or other entity who possesses fireworks and/or conducts a public fireworks display in the Town of Sand Lake without a permit from the permit authority is in violation of Article 405 of the New York State Penal Law and pursuant to § 405.05 fireworks possessed unlawfully may be seized by any peace officer acting pursuant to his or her special duties or police officer who must deliver the same to the judge before whom the person arrested is required to be taken. The judge must, upon the examination of the defendant or, if such examination is delayed or prevented, without awaiting such examination, determine whether the fireworks had been possessed by the defendant in violation of the provisions of § 270.00 of the New York State Penal Law. Any person found guilty thereof shall be liable to a fine or to imprisonment, pursuant to the Penal Law.
The Town of Sand Lake, through its duly authorized agents or employees,
may maintain an action or proceeding in a court of common jurisdiction to
compel compliance with or to restrain the violation of any provision of this
chapter.
