[HISTORY: Adopted by the Board of Trustees of the Village of Monticello 5-23-2005 by L.L. No. 2-2005. Amendments noted where applicable.]
The Village Board of the Village of Monticello 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 Monticello."
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 grain 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 grain of explosive mixture, the sale and use of which shall be permitted at all times.
The manufacture of fireworks is prohibited within the municipality.
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 Director of Fire Services 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.
Pursuant to § 405.00 of the New York State Penal Law, the application for such permit shall set forth:
The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing display.
The date and time of day at which the display is to be held.
The exact location planned for the display.
The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks.
The number and kind of fireworks to be discharged.
The manner and place of storage of such fireworks prior to the display.
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.
Such other information as the Director of Fire Services may deem necessary to protect persons or property.
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;
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;
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;
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;
No fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than 30 miles per hour;
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;
There shall be at least two such operators constantly on duty during the discharge; and
At least two soda acid or other approved-type fire extinguishers of at least 2 1/2 gallons' capacity each shall be kept at as widely separated points as possible within the actual area of the display.
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.
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.
No permit authorizing the display of fireworks shall be granted unless the Village of Monticello is named insured under the required commercial general liability insurance, and such policy shall be noncancellable without 10 days' prior written notice to the Village of Monticello. 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.