[HISTORY: Adopted by the Town Board of the Town of Tonawanda 5-16-1938 as Article XXXIX of the Town Ordinances; amended in its entirety 5-9-2011 by L.L. No. 2-2011. Amendments noted where applicable.]
The Town Board of the Town of Tonawanda, Erie County, State of New York, pursuant to Article 9 of the Town Law, as amended, and for the purpose of promoting the health, safety, morals and general welfare of the Town of Tonawanda and its inhabitants, including the protection and preservation of property, and the peace and good order thereof, does hereby enact the following chapter.
Editor's Note: See § 130, Subdivision 5, of the Town Law.
As used in this chapter, the following terms shall have the meanings indicated:
- A device consisting of a combination of explosives and combustibles, set off to generate colored lights, smoke, and noise for amusement.
No person or persons, firm, copartnership or corporation shall keep for sale, offer for sale, distribute, give away or have in his, their or its possession any container whatever, for use within the Town of Tonawanda (exclusive of the Village of Kenmore), Erie County, New York, which shall contain dynamite, giant powder, nitroglycerin, dualin or other explosives more powerful than ordinary black gunpowder.
No person or persons, firm, copartnership or corporation shall keep for sale, offer for sale, distribute or give away for use within the Town of Tonawanda (exclusive of the Village of Kenmore) any fireworks, including firecrackers, that are likely to maim or injure any person by the explosion thereof.
No person or persons, firm, copartnership or corporation shall keep for sale, offer for sale, distribute or give away for use within the Town of Tonawanda (exclusive of the Village of Kenmore) any toy revolvers, toy pistols or toy cannons, of any description, in which powder of any kind can be exploded, or blank-cartridge pistols, toy cartridge pistols or toy revolvers, repeating or bomjack marbles, kango clubs, vesuvius torpedoes, torpedo canes or ammunition for torpedo canes, without a written permit from the Town Board of the Town of Tonawanda.
No person, business or corporation shall engage in a firework display unless they obtain a permit from the Building Department upon a form to be furnished by the Town consistent with the requirements set forth in § 405 of the New York State Penal Law. A permit fee as determined by the Town Board by resolution shall be charged for such permit. The statutory bond, or insurance of not less than $1,000,000, is also required for the permit to issue, except that the Town can provide a certificate of self-insurance for any Town-sponsored event.
Applications for permits. An application for a permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements pursuant to § 405.00 of the New York State Penal Law.
Inspections. The Code Enforcement Officer or Fire Inspector shall inspect the subject premises prior to the issuance of a permit and it shall be the duty of the Fire Inspector, after such permit has been issued, to inspect the premises wherein said display will take place to see that the execution of the work so authorized by said permit shall be done in conformity with the approved plans and specifications and the existing standards, rules and regulations applicable thereto.
Any violation by a person, firm or corporation of any provision of this chapter shall be deemed a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
Each day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.