[HISTORY: Adopted by the Common Council of
the City of Middletown 7-14-1980[1] (Ch. 34, Art. II of the 1971 Code). Amendments
noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
original Ch. 34, Art. II, Fireworks, adopted 6-23-1941.
[Amended 1-7-2008]
The Mayor and the City Clerk be and are hereby
authorized to issue permits for the public display of fireworks, in
accordance with § 405.00 of the Penal Law of the State of
New York.
Permits shall be approved after fulfilling the
requirements of § 405.00, Subdivision 2, of the Penal Law
by the Chief of the Fire Department and the Chief of Police.
A public liability insurance policy with limits
of no less than $300,000 covering personal injury, death or property
damage in such form and written by a company duly licensed by the
State of New York shall be required, and the City of Middletown shall
be a named assured under said policy.
[Added 7-7-2020]
No person shall possess, sell, detonate, light, or in any way
use any type of fireworks, dangerous fireworks or sparkling devices
as defined in Section 270.00 of the Penal Law in the City of Middletown.
It shall not be a defense to prosecution of this section that the
subject fireworks, dangerous fireworks or sparkling device was purchased
legally.
[Added 7-7-2020]
A person who shall violate a provision of this chapter shall
be guilty, upon conviction, of an offense punishable by a fine not
less than $250 nor more than $1,000 or by imprisonment for a period
not exceeding 15 days, or by both such fine and imprisonment. Each
day that a violation is permitted to exist shall constitute a separate
offense.
