[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:
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.
The provisions of this definition, however, shall not be deemed
to include:
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
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
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.
The Fire Marshal of the Town of Hamlin.
The Town of Hamlin.
A.Â
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:
(1)Â
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.
(2)Â
The date and time of day at which the display is to be held.
(3)Â
The exact location planned for the display.
(4)Â
The number and kind of fireworks to be discharged.
(5)Â
The manner and place of storage of such fireworks prior to the display.
(6)Â
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.
(7)Â
Such other information as the permit authority may deem necessary
to protect persons or property.
B.Â
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.
C.Â
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.
