This chapter shall be known and be cited as
the "'Public Display of Fireworks Law of the Town of Niskayuna."
The intent of this chapter is to establish comprehensive
controls for the display of fireworks in the Town of Niskayuna in
order to promote and protect the health, safety, comfort, convenience
and the general welfare of the people.
When used in this chapter, unless otherwise
expressly stated, the following terms shall have the meanings indicated:
FIREWORKS
A.
Any substance or combination of substances or
any article prepared for the purpose of producing a visible or an
audible effect for entertainment purposes by combustion, explosion,
deflagration or detonation or any other device containing any explosive
substance that meets the definition of "consumer" or "display" fireworks
as set forth in the most recent edition of NFPA 1123.
B.
The provisions of this definition, however,
shall not be deemed to include:
(1)
Flares of the type used by railroads or any
warning lights commonly known as "red flares" or marine distress signals
of the type used by the United States Coast Guard.
(2)
Toy pistols, toy canes, toy guns or other devices
in which paper caps containing 0.25 grain or fewer of explosive compounds
are used, provided that they are so constructed that the hand cannot
come in contact with the cap in the place where used; nor toy pistol
caps which contain fewer than 0.20 grain of explosive mixture, the
sale and the use of which shall be permitted at all times.
(3)
Model rockets and model rocket motors designed,
sold and used for the purpose of propelling recoverable aero-models
shall be permitted at all times.
(4)
Bank security devices which contain not more
than 50 grams of any compound or substance or any combination thereof,
together with an igniter not exceeding 0.2 gram, capable of producing
a lacrimatory and/or visible or audible effects, where such device
is stored or used only by banks, national bank associations, trust
companies, savings banks, savings and loan associations, industrial
banks or credit unions or by any manufacturer, wholesaler, dealer,
jobber or common carrier of such devices and where the total storage
on any one premises does not exceed 100 devices.
PERMIT AUTHORITY
The Town Supervisor, acting with the advice of the Chief
of Police and the appropriate Fire District Chief of the Town of Niskayuna.
TOWN
The Town of Niskayuna.
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 Niskayuna
indemnity protection equivalent to a minimum of $500,000 for the expressed
purpose of indemnifying the Town of Niskayuna 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 Niskayuna 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 and for the purposes
herein provided.
In any instance in which the permit authority
is required to consider a permit under this chapter, an applicant
shall submit an application in a form prescribed by the Town of Niskayuna.
The application shall be submitted with a fee set by the Town Board
of the Town of Niskayuna, accompanied by a site plan drawn to scale,
adequately dimensioned, showing the location of the proposed fireworks
display and the location of all trees, nearby buildings, highways
and telephone poles and structures. The applicant shall provide such
other information as the permit authority may require.
Any person aggrieved by any action of the permit
authority taken pursuant to the provisions of this chapter may appeal
to the Town Board of the Town of Niskayuna. The Town Board shall,
upon appeal, hear and decide any questions involving the interpretation
of any provision of this chapter.
Violations of this chapter shall be classified
as a misdemeanor and shall be punishable as provided by the Penal
Law of the State of New York.
The Town of Niskayuna 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.