[HISTORY: Adopted by the Board of Trustees of the Village of Islandia 8-1-1991
by L.L. No. 3-1991. Amendments noted where applicable.]
The Village Board of the Village of Islandia has found it necessary
for the general welfare of the community to regulate supervised public displays
of fireworks by the municipality, fair associations, amusement parks and other
organizations.
This chapter shall be known as the "Fireworks Displays Chapter of the
Code of the Village of Islandia."
As used in this chapter, the following terms shall have the meanings
indicated:
Pursuant to § 270.00 of the New York State Penal Law, shall
include any blank cartridge, blank cartridge pistol or toy cannon in which
explosives are used, firecrackers, torpedoes, skyrockets, roman candles, bombs,
sparklers or other combustible or explosive of like construction or any preparation
containing any explosive or inflammable compound or any tablets or other device
commonly used and sold as fireworks containing nitrates, chlorates, oxalates,
sulphides or lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus
or any compound containing any of the same or other explosives or any substance
or combination of substances or article prepared for the purpose of producing
a visible or an audible effect of combustion, explosion, deflagration or detonation
or other device containing any explosive substance. The provisions of this
definition, however, shall not be deemed to include flares of the type used
by railroads or warning lights commonly known as "red flares" or marine distress
signals of a type approved by the United States Coast Guard or toy pistols,
toy canes, toy guns or other devices in which paper caps containing 0.25 grains
or less of explosive compound are used, provided that they are so constructed
that the hand cannot come in contact with the cap when in place for use, and
toy pistol paper caps which contain less than 0.20 grains of explosive mixture,
the sale and use of which shall be permitted at all times.
A.
The manufacture of fireworks is prohibited within the
municipality.
B.
Permits. Except as hereinafter provided, it shall be
unlawful for any person to store, to offer for sale, to expose for sale, to
sell at retail or to use or explode any fireworks, provided that the Fire
Inspector or his designee shall have the power to grant permits for supervised
public displays of fireworks by the municipality, fair associations, amusement
parks and other organizations.
(1)
Pursuant to § 405.00 of the New York State
Penal Law, the application for such permit shall set forth:
(a)
The name of the body sponsoring the display and the names
of the persons actually to be in charge of the firing display.
(b)
The date and time of day at which the display is to be
held.
(c)
The exact location planned for the display.
(d)
The age, experience and physical characteristics of the
persons who are to do the actual discharging of the fireworks.
(e)
The number and kind of fireworks to be discharged.
(f)
The manner and place of storage of such fireworks prior
to the display.
(g)
A diagram of the grounds on which the display is to be
held showing the point at which the fireworks are to be discharged, the location
of all the 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.
(h)
Such other information as the Fire Inspector may deem
necessary to protect persons or property.
(2)
The permit shall contain provisions that the actual point
at which the fireworks are to be fired shall be at least 200 feet from the
nearest permanent building, public highway or railroad or other means of travel
and at least 50 feet from the nearest aboveground telephone or telegraph line,
tree or other overhead obstruction; that the audience at such display shall
be restrained behind lines at least 150 feet from the point at which the fireworks
are discharged, and only persons in active charge of the display shall be
allowed inside these lines; that all fireworks that fire a projectile shall
be so set up that the projectile will go into the air as nearly as possible
in a vertical direction, unless such fireworks are to be fired from the shore
of a lake or other large body of water, when they may be directed in such
manner that the falling residue from the deflagration will fall into such
lake or body of water; that any fireworks that remain unfired after the display
is concluded shall be immediately disposed of in a way safe for the particular
type of fireworks remaining; that no fireworks display shall be held during
any wind storm in which the wind reaches a velocity of more than 30 miles
per hour; that all the persons in actual charge of firing the fireworks shall
be over the age of 18 years, competent and physically fit for the task; that
there shall be at least two such operators constantly on duty during the discharge;
and that at least two soda acid or other approved-type fire extinguishers
of at least two and one-half (21/2) gallons' capacity each shall be kept
at as widely separated points as possible within the actual area of the display.
C.
Application for permits shall be made at least 15 days
in advance of the date of the display. After such privilege shall have been
granted, sale, possession, use and distribution of fireworks for such display
shall be lawful for that purpose only. No permit granted hereunder shall be
transferable.
D. The fee for permits issued under this section shall be in accordance
with the Village of Islandia fee schedule as determined and revised by the
Board of Trustees from time to time.[1][Amended 11-3-1994 by L.L. No. 9-1994]
[1]
Editor's Note: Said fee schedule is on file in the office of
the Village Clerk and may be examined there during regular business hours.
A.
No permit authorizing the display of fireworks shall
be granted unless the applicant hereto furnishes evidence of commercial general
liability insurance with an occurrence limit of not less than $2,000,000 and
coverage for medical payments in the event of injury of not less than $5,000
per person and a general aggregate limit of not less than $4,000,000.
B.
No permit authorizing the display of fireworks shall
be granted unless the Village of Islandia is named insured under the required
commercial general liability insurance, and such policy shall be noncancelable
without 10 days' prior written notice to the Village of Islandia. Said
policy shall be prepaid, and a copy of the policy and evidence of the payment
shall be attached to the permit application.
Any fireworks that remain unfired after the display is concluded shall
be immediately disposed of in a way safe for the particular type of fireworks
remaining.
[Added 6-5-2003 by L.L. No. 3-2003]
Notwithstanding the foregoing, any indoor pyrotechnic displays are strictly
prohibited.
