Town of Smithtown, NY
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2024-02-06
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Part II: General Legislation
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Chapter 164 Fire Prevention
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Article XXI Fireworks, Pyrotechnics, and Pyrotechnic Articles
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 9 Appearance Tickets
- Ch 13 (Reserved)
- Ch 17 Classification of Town
- Ch 19 (Reserved)
- Ch 21 Conservation Board
- Ch 24 (Reserved)
- Ch 27 Environment and Waterways, Department of
- Ch 28 (Reserved)
- Ch 30 Ethics, Code of
- Ch 33 (Reserved)
- Ch 36 Disabilities Advisory Board
- Ch 37 (Reserved)
- Ch 39 Historical Advisory Board
- Ch 40 Records
- Ch 42 (Reserved)
- Ch 43 Town of Smithtown Unity Council
- Ch 45 (Reserved)
- Ch 46 (Reserved)
- Ch 49 (Reserved)
- Ch 53 Officers and Employees
- Ch 57 Procurement Policy
- Ch 57A Procurement: Best Value Bid Awards
- Ch 61 (Reserved)
- Ch 66 (Reserved)
- Ch 68 (Reserved)
- Ch 71 (Reserved)
- Ch 74 Tenant Selection Advisory Committee
- Ch 75 Town Attorney Escrow Account
- Ch 76 Town Board
- Ch 78 (Reserved)
- Ch 81 Traffic Violations Bureau
- Ch 83 (Reserved)
- Ch 85 Youth Bureau
- Part II: General Legislation
- Ch 94 Alcoholic Beverages
- Ch 101 Department of Parks, Buildings and Grounds
- Ch 105 Bingo
- Ch 108 Boat Basin and Mooring Areas
- Ch 112 Building Construction
- Ch 113 Notice and Certificates of Assessment
- Ch 115 Buildings, Unsafe
- Ch 117 Business Improvement Districts
- Ch 119 Special Events
- Ch 124 Christmas Trees
- Ch 129 Condominium and Cooperative Conversions
- Ch 135 Smithtown Animal Shelter and Adoption Center
- Ch 138 Dredging
- Ch 145 Electrical Standards
- Ch 148 Entertainment Regulations
- Ch 151 Environmental and Coastal Quality Review
- Ch 153 Stormwater Management and Erosion and Sediment Control
- Ch 154 Excavations and Regrading
- Ch 160 Firearms
- Ch 164 Fire Prevention
- Ch 164 Art XXI Fireworks, Pyrotechnics, and Pyrotechnic Articles
- § 164-130 Sale and discharge prohibition; exceptions; permit required.
- § 164-131 Operations permit; conformance with standards.
- Ch 168 Flood Damage Prevention
- Ch 170 Freshwater Wetlands
- Ch 173 Games of Chance
- Ch 177 Solid Waste Management
- Ch 181 Handbills
- Ch 185 Historic Districts
- Ch 188 Holidays, Observance of
- Ch 194 Junkyards and Junk Dealers, Licensing of
- Ch 195 Landscapers
- Ch 207 Noise
- Ch 215 Peddling and Soliciting
- Ch 221 Property Maintenance
- Ch 222 Public Nuisance Abatement
- Ch 227 (Reserved)
- Ch 233 Shellfish
- Ch 235 (Reserved)
- Ch 242 Telecommunications Facilities and Structures
- Ch 245 Streets and Sidewalks
- Ch 248 Subdivision of Land
- Ch 252 Swimming Pools
- Ch 256 Taxation
- Ch 259 Taxicabs
- Ch 273 Tents
- Ch 277 (Reserved)
- Ch 281 Tow Trucks
- Ch 285 Trees
- Ch 288 Trespassing
- Ch 293 Vehicles, Abandoned
- Ch 296 Vehicles and Traffic
- Ch 299 (Reserved)
- Ch 303 Vessels, Abandoned
- Ch 308 Washing and Dry-Cleaning Establishments
- Ch 312 Water Districts
- Ch 315 Water Pollution
- Ch 318 Waterways
- Ch 320 Cannabis
- Ch 322 Zoning
- Ch 323 Transfer of Density Flow Rights
- Disposition List
- Ch DL Disposition List
- Traffic Code
- Part I: the Traffic Law
- Ch TC1 General Provisions
- Ch TC2 Traffic Regulations
- Ch TC3 Parking Regulations
- Ch TC4 Off-Street Parking Areas
- Ch TC5 Commercial Vehicles: Weight Limits
- Ch TC6 Removal and Storage of Vehicles
- Ch TC7 Off-Road Vehicles
- Part II: the Schedules
- Sch A Traffic Control Signals
- Sch B Turns on Red Signals
- Sch C Prohibited Turns
- Sch D One-Way Streets
- Sch E Parking Area Exits and Entrances
- Sch F Lane Use Designations
- Sch G Stop and Yield Intersections
- Sch H Speed Limits
- Sch I School Speed Limits
- Sch J Parking, Stopping and Standing
- Sch K Privately Owned Parking Areas
- Sch L Town Parking Areas
- Sch M Truck Exclusions (2 1/2 Tons)
- Sch M1 Truck Exclusions (5 Tons)
- Sch N Parking of Commercial Vehicles
- Sch O Weight Limits on Bridges
- Traffic Code Disposition List
- Ch TCDL Disposition List
[1]
Editor's Note: The title of this article was changed from
"Fireworks" to "Fireworks, Pyrotechnics, and Pyrotechnic Articles" 7-14-2020 by L.L. No. 7-2020.
[Amended 3-14-2000 by L.L. No. 4-2000; 7-14-2020 by L.L. No. 7-2020]
A.
Except
as hereinafter provided, it shall be unlawful for any person to store,
offer for sale, expose for sale, sell at retail or otherwise or use
or explode any fireworks, pyrotechnics, and/or pyrotechnic articles,
provided that the Fire Prevention Division may grant permits for supervised
public displays of fireworks, pyrotechnics, and/or pyrotechnic articles
by a municipality, fair association, amusement park and other fraternal
or service organizations. Every such display shall be handled by a
competent operator approved by the Fire Prevention Division and shall
be so located, discharged or fired as, in the opinion of the Fire
Prevention Division, after proper inspection by a Fire Marshal, shall
not be hazardous to property nor endanger any person.
B.
Application
for a permit shall be made, in writing, at least 30 days in advance
of the date of display. After such a privilege shall have been granted,
the possession and use of fireworks, pyrotechnics, and/or pyrotechnic
articles for such display shall be lawful for the purpose only. No
permit granted hereunder shall be transferable.
C.
No permit
authorizing the display of fireworks, pyrotechnics, and/or pyrotechnic
articles shall be granted unless the applicant thereto furnishes evidence
of general liability insurance in the limits of not less than $3,000,000
for bodily injury or death to anyone and $1,000,000 for injury to
or destruction of property.
D.
No permit
authorizing the display of fireworks, pyrotechnics, and/or pyrotechnic
articles shall be granted unless the Town is named insured under the
required policy of general liability insurance, and such policy shall
be noncancelable without 10 days' prior written notice to the Town.
E.
The display
of fireworks, pyrotechnics, and/or pyrotechnic articles shall be in
accordance with the appropriate current standards of the NFPA, as
well as the specifications set forth in the New York State Penal Law.
If any conflict exists in the requirements, the more restrictive requirement
shall control.
F.
During
the display of fireworks, pyrotechnics, and/or pyrotechnic articles,
a Fire Marshal shall be present before and during the exploding of
all fireworks, pyrotechnics, and/or pyrotechnic articles. The local
Fire Department, if deemed necessary by the office of the Fire Marshal,
shall also be advised so that they may be on a standby status at its
headquarters or at the site of the display.
A.
An operations permit shall be required for the manufacture, storage,
assembly and handling of any fireworks or pyrotechnic product.
B.
The manufacture, assembly, storage and handling of fireworks or pyrotechnic
products shall be in accordance with the appropriate current standards
of the NFPA.
[Amended 3-14-2000 by L.L. No. 4-2000]
