This chapter will be known as the "Public Display of Fireworks Law."
The intent of this chapter is to establish comprehensive controls for
the display of fireworks in the Town of Sand Lake in order to promote and
protect the health, safety, comfort, convenience and the general welfare of
the people.
As used in this chapter, the following terms shall have the meanings
indicated:
FIREWORKS
As defined in Penal Law § 270.00, Subdivision 1, as amended.
Any person wishing to possess, use, explode or cause to explode any
fireworks, pursuant to § 405.00 of the New York State Penal Law,
within the Town of Sand Lake must make an application for a permit to do so,
setting forth the following:
A. The name of the body sponsoring the display and the name
of the persons actually to be in charge of the firing of the display.
B. The date and time of day in 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 the fireworks prior
to the display.
G. A diagram of the grounds on which the display is to be
held showing the point of which the fireworks are to be discharged, the location
of all buildings, highways and other lines of communication, the lines behind
which the audience will be restrained and the location of all trees, telegraph
and telephone lines or other overhead obstructions.
H. Such other information as the permit authority may deem
necessary to protect persons or property.
An applicant for a permit shall submit an application on a form prescribed
by the permit authority. The application shall be submitted with a fee as
set the Town Board, accompanied by a site plan drawn to scale, adequately
dimensioned, showing the location of the fireworks display and the location
of all trees, telephone poles and structures. The applicant shall provide
such other information as the permit authority may require.
The applicant for a permit shall state, in writing, that he or she will
accept the terms and conditions of the permit and will observe all requirement
of this chapter, Penal Law § 405.00, and all other applicable laws,
regulations or rules and will conduct the display in a safe and prudent manner.
Before granting and issuing a permit for a public display of fireworks
as herein provided, the permit authority shall require a bond from the applicant,
unless it is a state park, county park, city, village or town, with liability
coverage and Town of Sand Lake indemnity protection equivalent to a minimum
of $1,000,000 for the express purpose of indemnifying the Town of Sand Lake
for all damages which may be caused to a person or to property by reason of
the public fireworks display. Such bond shall run to the Town of Sand Lake
and shall be for the use and benefit of any persons or owners of any property
so injured or damaged by the public fireworks display. The permit authority
may accept, in lieu of such bond, an indemnity insurance policy with liability
covered in indemnity protection equivalent to the terms and conditions upon
which such bond is predicated for the purposes herein provided.
Any person aggrieved by any action of the permit authority taken pursuant
to the provisions of this chapter may appeal to the Town Board. The Town Board
of Sand Lake shall, upon appeal, hear and decide any question involving the
interpretation of any provision of this chapter.
The permit authority shall stipulate on the face of the permit issued
the duration of the permit.
The Town of Sand Lake, through its duly authorized agents or employees,
may maintain an action or proceeding in a court of common jurisdiction to
compel compliance with or to restrain the violation of any provision of this
chapter.