[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,[1] 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.
[1]
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
Any person
who takes part in or assists in any violation of this chapter shall
also be subject to the penalties provided herein.
C.
Each day
that a violation of this chapter is committed or permitted to exist
shall constitute a separate offense.
