[HISTORY: Adopted by the Town Board of the Town of Hamlin 6-26-1991 by L.L. No. 2-1991 (Ch. 53 of the 1987 Code). Amendments noted where applicable.]
This chapter shall be known and be cited as the "Public Display of Fireworks Law of the Town of Hamlin."
The intent of this chapter is to establish comprehensive controls for the display of fireworks in the Town of Hamlin in order to promote and protect health, safety, comfort, convenience and the general welfare of the people.
Words used in the present tense include the future; the singular shall include the plural; the plural, the singular, and the masculine, the feminine; and the word "shall" is mandatory and not permissive.
When used in this chapter, unless otherwise expressly stated or the content or the subject otherwise requires, the following terms shall have the meanings indicated:
- A. Includes any blank cartridge, blank cartridge pistol, or toy cannon in which explosives are used, firecrackers, 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 of 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 by combustion, explosion, deflagration or detonation, or other device containing any explosive substance.
- B. The provisions of this definition, however, shall not be deemed to include:
- (1) Flares of the type used by railroads or any warning lights commonly known as "red flares," or marine distress signals of a type approved by the United States Coast Guard; or
- (2) Toy pistols, toy canes, toy guns or other devices in which paper caps containing 0.25 grains or less of explosive compound are used, providing 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; or
- (3) Bank security devices which contain not more than 50 grams of any compound or substance or any combination thereof, together with an igniter not exceeding 0.2 gram, capable of producing a lachrymating and/or visible or audible effect, where such device is stored or used only by banks, national banking associations, trust companies, savings banks, savings and loan associations, industrial banks, or credit unions, or by any manufacturer, wholesaler, dealer, jobber or common carrier for such devices and where the total storage on any one premises does not exceed 100 devices.
- PERMIT AUTHORITY
- The Fire Marshal of the Town of Hamlin.
- The Town of Hamlin.
Notwithstanding the provisions of § 270.00 of the Penal Law, the permit authority of a state park, county park, city, village or town may grant a permit for the display of fireworks to municipalities, fair associations, amusement parks, persons, or organizations of individuals that submit an application in writing. 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 of the display who shall possess a valid certificate of competence as a pyrotechnician as required under the General Business Law and Article 16 of the Labor Law. The permit application shall further contain a verified statement from the applicant identifying the individuals who are authorized to fire the display, including their certificate numbers, and that such individuals possess a valid certificate of competence as a pyrotechnician.
The date and time of day at which the display is to be held.
The exact location planned for the display.
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 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 permit authority may deem necessary to protect persons or property.
All applications for permits for the display of fireworks shall be made at least five days in advance of the date of the display, and the permit shall contain provisions that the actual point at which the fireworks are to be fired be in accordance with the rules promulgated by the Commissioner of Labor pursuant to § 462 of the Labor Law and 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 approved-type fire extinguishers shall be kept at as widely separated points as possible within the actual area of the display. The legislative body of a state park, county park, city, village or town may provide for approval of such permit by the head of the Police or Fire Department, or both, where there are such departments.
No permit granted and issued hereunder shall be transferable. After such permit shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful solely therefor.
Before granting and issuing a permit for a display of fireworks as herein provided, the permit authority shall require an adequate bond from the applicant therefor, unless it is a state park, county park, city, village or town, in a sum to be fixed by the permit authority, which, however, shall not be less than $1,000,000, conditioned for the payment of all damages, which may be caused to a person or persons or to property, by reason of the display so permitted and arising from any acts of the permittee, his agents, employees, contractors or subcontractors. Such bond shall run to the state park, county park, city, village or town in which the permit is granted and issued and shall be for the use and benefit of any person or persons or any owner or owners of any property so injured or damaged, and such person or persons or such owner or owners are hereby authorized to maintain an action thereon, which right of action also shall accrue to the heirs, executors, administrators, successors or assigns of such person or persons or such owner or owners. The permit authority may accept, in lieu of such bond, an indemnity insurance policy with liability coverage and indemnity protection equivalent to the terms and conditions upon which such bond is predicated and for the purposes provided in this section.
In any instance in which the permit authority is required to consider a permit under this chapter, an applicant shall submit an application on a form prescribed by the permit authority. The application shall be submitted with a fee set by the Town Board of the Town of Hamlin, accompanied by a site plan drawn to scale, adequately dimensioned, showing the location of the proposed 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.
Any person aggrieved by any action of the permit authority taken pursuant to the provisions of this chapter may appeal to the Town Board of the Town of Hamlin. The Town Board of the Town of Hamlin 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.
Any person, firm, corporation or other entity who or which possesses fireworks and/or conducts a public fireworks display in the Town of Hamlin without a permit from the permit authority is in violation of Article 405 of the New York State Penal Law, and, pursuant to § 405.05 of the Penal Law, fireworks possessed unlawfully may be seized by any peace officer acting pursuant to his special duties or any police officer, who must deliver the same to the magistrate before whom the person arrested is required to be taken. The magistrate must, upon the examination of the defendant or, if such examination is delayed or prevented, without awaiting such examination, determine whether the fireworks had been possessed by the defendant in violation of the provisions of § 270.00 of the New York State Penal Law. Any person found guilty thereof shall be liable to a fine or to imprisonment pursuant to the Penal Law.
The Town of Hamlin 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.