[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook: Art. I, as Ch. 16, Art. II, Div. 1, of the 1967 Code of Ordinances; Art. II, as Ch. 16, Art. II, Div. 2, of the 1967 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 81.
Fire prevention — See Ch. 126.
Licenses — See Ch. 153.
Streets and sidewalks — See Ch. 212.
[Adopted as Ch. 16, Art. II, Div. 1, of the 1967 Code of Ordinances]
A. 
Prohibited. No person shall discharge any firearms, rockets, gunpowder or other explosive within the Village of Lynbrook, except as herein otherwise provided.
[Amended 11-15-1976 by L.L. No. 19-1976]
B. 
Exception. This provision shall not apply to a police officer necessarily discharging a firearm in the performance of police duty.
[Amended 11-15-1976 by L.L. No. 19-1976]
It shall be unlawful for any person to keep, store, transport or have in his possession any high or low explosives, fuse or electric blasting caps or any other explosive compound, except such articles as are defined by the Interstate Commerce Commission regulations for the transportation of explosives or other dangerous articles, unless these explosives are stored, used or transported in conformity with the statutes and regulations of the State of New York and County of Nassau.
A. 
Licensing. No powder, dynamite or explosives of any kind, including fireworks and firecrackers, manufactured or kept for sale, either wholesale or retail, shall be stored, manufactured or sold within the village until a license shall have been procured from the Board of Trustees of the village for such purposes.
B. 
Prerequisites to licensing. The Board of Trustees shall grant no license for such purposes unless the Bureau of Fire Prevention or a duly appointed inspector shall inspect submitted evidence and approve, in writing, the receptacles, buildings or storage places to be used for such purposes and the method or manner of manufacture, sale or storage, and that find all statutes and regulations of the State of New York and County of Nassau have been complied with.
[Amended 11-15-1976 by L.L. No. 19-1976]
No person shall sell, expose for sale or give away any loaded cartridges, blank cartridges, caps, percussion caps, fuse or electric blasting caps, dynamite or any other explosive materials of any description in the village without first obtaining a permit from the Mayor.
[Amended 11-15-1976 by L.L. No. 19-1976]
No permit as required by § 123-4 or 123-5 shall be issued without first obtaining the approval of such agency or bureau designated by the statutes and regulations of the State of New York and County of Nassau, in writing, this approval to be attached to the application before being acted upon.
[Amended 11-15-1976 by L.L. No. 19-1976]
An annual fee of $25 shall be charged for each permit as provided in §§ 123-4 and 123-5.
[Adopted as Ch. 16, Art. II, Div. 2, of the 1967 Code of Ordinances]
As used in this Article, the following terms shall have the meanings indicated:
BOND
A written obligation or undertaking under seal, whereby an applicant for or holder of a permit engages and agrees to indemnify the village for any loss, damage or injury resulting from the acts of the applicant, his agents, servants or employees under such permit; and further, a policy of public liability insurance in which the insurer agrees to defend any and all claims, suits or actions and to pay any judgments which may be recovered against the village or civil divisions therein and/or the applicant, their agents, servants or employees by reason of such acts performed.
EXPERIENCED PYROTECHNICIAN
Any citizen of the United States over the age of 21 years who shall have had at least five years' experience in the manufacture or display of fireworks and who shall have full knowledge and understanding of the dangers attendant upon their manufacture and use and who, by reason of character and experience, understands the display and manufacture thereof.
FIREWORKS
Any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible pyrotechnic effect by combustion, explosion, deflagration or detonation.
[Amended 11-15-1976 by L.L. No. 19-1976]
No person shall keep, store, discharge, use, manufacture, process, sell, handle or transport fireworks within the village without a written permit issued therefor as provided herein and without complying with all other applicable laws of the State of New York and County of Nassau.
Nothing contained herein shall be construed as applying to:
A. 
The transportation of any article or thing in conformity with the regulations prescribed by the Interstate Commerce Commission.
B. 
The military and naval forces of the United States.
C. 
The duly authorized militia of any state or territory thereof.
D. 
The State of New York.
E. 
Any police or peace officer of the state or subdivision thereof in the discharge of his official police duties.
F. 
The Long Island State Park Commission.
G. 
The possession or use of signaling devices for current daily consumption by railroads, vessels, motor trucks and others required by law to use the same.
H. 
The possession, sale or use of normal stocks of flashlight compositions by photographers or dealers in photographic supplies.
The Board of Trustees of the village may, upon due application, issue a permit to a properly qualified person for a display of fireworks on a specific date; provided, however:
A. 
Conduct of display. That the applicant establishes to the satisfaction of the Board of Trustees that the display is to be conducted by an experienced pyrotechnician and in public parks or other open places.
B. 
Bond. That a bond is posted in a sum of not less than $5,000, but a greater bond may be required by the Board of Trustees if, in its judgment, it deems it advisable.
C. 
Compliance with safety regulations. That the applicant agrees, as a condition of the issuance of the permit, to abide by such reasonable regulations as to the kind, nature and use of fireworks as may be deemed necessary to properly safeguard life and property as may be prescribed by the Board of Trustees.
D. 
County permit. That the applicant under this Article has received from the County of Nassau a permit therefor in accordance with the ordinances of the County of Nassau.
[Amended 11-15-1976 by L.L. No. 19-1976]
A fee of $25 shall be charged for each permit issued to display fireworks.
The Board of Trustees, upon due application, may issue a permit to a properly qualified person for the transportation or storage of fireworks, subject however, to the following limitations:
A. 
Duration. No permit shall be granted to store fireworks at any place for longer than 30 days from the date of issuance of such permit.
B. 
Expiration. All permits issued shall expire on the last day of the year in which they are issued.
C. 
Compliance with safety regulations. Each applicant must agree as a condition of the issuance of the permit to abide by such reasonable regulations as may be deemed necessary to properly safeguard life and property as may be prescribed by the Board of Trustees.