As used in this chapter, the following terms
shall have the meanings indicated:
ASSISTANT
A person who works under the direction of the operator to
put on a public fireworks display.
BODY
A municipality, school district, private club, association
or organization of individuals.
FIREWORKS
Firecrackers, sparklers or other combustible or explosive of like construction, or any preparation containing explosive or inflammable compounds or any tablets or other device commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or any compound containing any of the same or other explosives, or any substance or substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, or other device containing any explosive substance, excepting those devices enumerated in §
49-7, Exceptions.
HIGHWAY
Any public street, road, highway or alley, or any private
road or street.
OPERATOR
The person with overall responsibility for safety and the
setting up and discharging of a public fireworks display.
PERMIT
The written authorization of the permit authority granted
to any body to conduct a public fireworks display.
PERMIT AUTHORITY
The Code Enforcement Officer for the Town of Plattekill,
and his/her assistants and/or deputies.
SPONSOR
The person who exercises general control over the arrangements
for the public fireworks display. The sponsor and the operator may
sometimes be the same person.
The permit authority is authorized to grant
and issue a permit for the public display of fireworks and to take
all such actions as are necessary for the proper execution of its
authority. The enforcement of the provisions provided herein shall
be by the permit authority, the Town of Plattekill Police Department
and any other persons as may be from time to time authorized by the
Town Board of the Town of Plattekill.
No permit shall be issued until an indemnity
insurance policy with liability coverage and indemnity protection
naming the Town of Plattekill as an insured and indemnified party
in a sum to be fixed by the permit authority, but in no case less
than $1,000,000 is provided by the applicant.
Fireworks, as regulated herein, shall not include
devices that ignite or explode and are commonly used for purposes
other than the display of fireworks for recreational purposes, including,
but not limited to:
A. Flare guns, intended to signal distress;
B. Road flares, designed for road safety;
The Town Board may from time to time approve
by simple resolution the fees to be charged pursuant to this chapter.
Such fees shall be adequate for recovery by the Town of its costs
incurred in the administration and enforcement of this chapter.
Where the requirements of this chapter impose
a different restriction or requirement than imposed by other sections
of the Code of the Town of Plattekill, the Town Law of the State of
New York or other applicable rules or regulations, the requirements
of this chapter shall prevail.