[HISTORY: Adopted by the Town Board of the
Town of Plattekill 11-21-2007 by L.L. No. 2-2007. Amendments noted where
applicable.]
A.
This chapter is designed to promote the health, safety
and general welfare of the people of the Town of Plattekill by imposing
regulations to help ensure the safe conduct of outdoor fireworks displays
within the Town of Plattekill.
B.
This chapter is enacted pursuant to the authority
granted by Article 405 of the Penal Law of the State of New York,
the Fire Code of the State of New York and NFPA 1123, Code for Outdoor
Fireworks Display, and is subject to all of the conditions and provisions
contained in said laws and codes, as may be amended from time to time.
As used in this chapter, the following terms
shall have the meanings indicated:
A person who works under the direction of the operator to
put on a public fireworks display.
A municipality, school district, private club, association
or organization of individuals.
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.
Any public street, road, highway or alley, or any private
road or street.
The person with overall responsibility for safety and the
setting up and discharging of a public fireworks display.
The written authorization of the permit authority granted
to any body to conduct a public fireworks display.
The Code Enforcement Officer for the Town of Plattekill,
and his/her assistants and/or deputies.
Any outdoor display of fireworks performed in a manner to
be viewed by the general public.
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.
A.
No public fireworks display shall be conducted in
the Town of Plattekill on a lot containing a one- or two-family home
as the principal use.
B.
No public fireworks display shall be conducted on
a school night.
C.
No public fireworks display shall be conducted in
the Town of Plattekill unless a valid permit for such a display has
been issued by the permit authority.
D.
Application for such a permit shall be made to the
permit authority on the form provided by it at least 14 days in advance
of the date of the fireworks display. The application shall set forth
the following information:
(1)
The name of the person promoting the fireworks display
and the name of the person actually to be in charge of the firing
of the display.
(2)
The date and time of day at which the fireworks display
is to be held. (Fireworks displays are to start no later than one-half
hour after dusk, or as deemed appropriate by the Code Enforcement
Officer.)
(3)
The exact location planned for the display.
(4)
The age, experience and physical characteristics of
operators.
(5)
The number and kind of fireworks to be discharged.
(6)
The manner and place of storage of such fireworks
prior to the display.
(7)
A diagram, with distances shown in feet, of the grounds
on which the fireworks display is to be held showing the point at
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 nearby trees,
telegraph or telephone lines or other overhead obstructions.
(8)
Such other information as the permit authority may
deem necessary to protect persons or property.
E.
All operators shall supply a photocopy of their licenses
to deal in explosives, issued by the New York State Department of
Labor.
F.
The application shall be signed by the sponsor and
the operator and shall be accompanied by a fee to be set by the Town
of Plattekill Town Board from time to time by resolution.
G.
Upon receipt of an application for a permit, the permit
authority may make an investigation of the site of the proposed display
for the purpose of determining whether the regulations provided for
herein have been complied with.
H.
No permit granted hereunder shall be transferable,
and any such permit shall apply only to the fireworks display for
which it is granted.
A.
Anybody issued a permit hereunder shall at a minimum
comply with these regulations, New York State Penal Law Article 405
and should comply with the standards and guidelines contained in National
Fire Protection Association (NFPA) Standard 1123 regarding outdoor
display of fireworks.
B.
Any applicant for a permit to conduct a fireworks
display shall send a copy of the application to the Chief of Police
of the Town of Plattekill, the Chief of the local Fire Department
and the Town Board. All parties shall be notified of the display location,
date and time if a permit is issued, and the Fire Department and the
permit authority shall be permitted on the property for inspection
during the display.
C.
Any applicant for a permit to conduct a fireworks
display shall give proper public notice by placing an advertisement
in the Town newspaper (not a legal notice) and by posting notification
in at least five public places in Town, one of which shall be the
Official Town Bulletin Board located at the Town Hall, no more than
10 days and no less than five days prior to the display.
D.
Each sponsor and operator to whom a permit has been
issued shall be responsible for reimbursing the Fire Department and
the permit authority for personnel and equipment costs for inspections.
E.
The operator shall have all permits issued available
for examination by the permit authority or the Town of Plattekill
Police Department at the time of the display.
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.
Any person or persons, associations or corporations
committing an offense against this chapter or any section or provision
thereof shall be subject to the penalties imposed by §§ 270.00
and 405.05 of the Penal Law, including the provisions relating to
the seizure of fireworks contained in § 405.05.
B.
Notwithstanding a conviction for an offense against
any provisions, a person or entity committing an offense under this
chapter shall be subject to revocation of any permit herein granted
without reimbursement of fees paid thereof.
C.
In addition to any fine or imprisonment imposed for
a conviction of an offense to this chapter, each such offense shall
be subject to a civil penalty of at least $500,not to exceed $1,000,
to be recovered in an action or proceeding or pursuant to an order
on consent with the defendant in a court of competent jurisdiction.
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.
