[HISTORY: Comes from L.L. No. 69-1971, adopted 8-10-1971, effective 8-13-1971.[1]]
GENERAL REFERENCES
Sunday exhibitions — See Ch. 122.
Flammable liquids — See Ch. 132.
[1]
Editor's Note: This local law repealed former Ch. 150, entitled "Explosives," adopted Article I, 11-9-1948 by Ord. No. 1; Article II, 3-24-1953 by Res. No. 382-1953.
The following definitions shall apply in the interpretation and enforcement of this chapter:
FIREARMS
Any pistol, revolver, rifle or any weapon from which a missile or projectile, as a bullet, is hurled by an explosive, as gunpowder.
[Amended 12-5-1972 by L.L. No. 129-1972, effective 12-12-1972]
PERSON
Any individual, firm, company, corporation, association or organization of any kind.
TOWN
The land area located within the boundary of the Town of Hempstead, excluding the City of Long Beach and the incorporated villages.
TOWN BOARD
The Town Board of the Town of Hempstead.
TOWN CLERK
The Town Clerk of the Town of Hempstead.
[Amended 12-5-1972 by L.L. No. 129-1972, effective 12-12-1972]
Except as otherwise permitted by provisions of the Conservation Law and Penal Law of the State of New York, it shall be unlawful for any person to discharge any firearm within the Town.
A. 
Permit required for shooting gallery. A person shall not operate or maintain a shooting gallery or range at any place within the Town without first obtaining a permit from the Town Clerk.
B. 
Approval of permits. All permits under this chapter shall be approved by the Town Board. No application shall be considered without first obtaining the written recommendation from the Bureau of Public Safety of the Nassau County Police Department which shall be attached to the application before being acted upon by the Town Board.
C. 
Expiration of permits. Except as otherwise specified by the terms of a permit, all permits shall expire one year from the date they are issued, unless sooner revoked by the Town Clerk upon the direction of the Town Board.
D. 
Permit fee. There shall be a fee of $25 for the issuance of a permit hereunder by the Town Clerk; provided, however, that there shall be no fee for the issuance of a permit to a school or educational institution approved by the Board of Regents of the State of New York.
[Amended 12-1-1998 by L.L. No. 50-1998, effective 12-7-1998]
A. 
After obtaining a permit from the Town Clerk, it shall be lawful, within the Town, to conduct or participate in a public entertainment consisting of a fireworks display to which the public is invited or for which an admission fee is charged.
B. 
A fireworks display shall be held only between the hours of 9:00 p.m. and 11:00 p.m., at the particular location specified in a permit, except that a fireworks display may be held on a Sunday between the hours of 2:00 p.m. and 11:00 p.m.
C. 
No permit granted and issued hereunder shall be transferable.
A. 
The actual point at which the fireworks are to be fired shall be at least 50 feet from the nearest aboveground telephone or telegraph line, tree or other overhead obstruction, and such point shall also be no nearer to any permanent building, public highway or railroad or other means of travel than the distances provided in the following table.
[Amended 9-25-1990 by L.L. No. 59-1990, effective 10-1-1990]
Shell Size
Distance
(feet)
Inches
Millimeters
4 or less
102 or less
300
5
127
350
6
152
420
7
178
490
8
203
640
10
254
700
12
305
840
B. 
The audience at such display shall be restrained behind lines at such distances from the point at which the fireworks are discharged as is provided in the table contained in Subsection A above.
[Amended 9-25-1990 by L.L. No. 59-1990, effective 10-1-1990]
C. 
Only persons in active charge of the display shall be allowed inside these lines.
D. 
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 the lake or body of water.
E. 
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.
F. 
No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than 30 miles per hour.
G. 
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.
H. 
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.
I. 
The pyrotechnist in charge of the display or any assistant must be qualified for this profession and have his credentials available for examination by the Town Clerk.
J. 
Care must be used by the pyrotechnician in the selection of assistants, for whose acts he shall be deemed responsible.
K. 
All discharges must he kept within the territorial limits of the area for which the permit is issued. The area shall be cleared of spectators and kept cleared during the display. The area shall be marked by red lanterns kept lighted during the period of the display.
L. 
All mortars shall be embedded in the ground and be protected by sandbags. No mortar piece exceeding 12 inches in diameter shall be used or discharged.
[Amended 9-25-1990 by L.L. No. 59-1990, effective 10-1-1990]
M. 
No fire balloons, girandoles, parachutes or stick skyrockets shall be used or discharged.
N. 
No more than one display shall be permitted at a given place and date.
O. 
Displayers shall carefully clean up the grounds immediately after each display, and all undischarged fireworks and explosives of any kind shall be removed by the displayer before leaving the location.
P. 
All applicants for a permit to conduct a fireworks display shall send written notice thereof to the local Fire Department, requesting its attendance at such display.
[Amended 9-25-1990 by L.L. No. 59-1990, effective 10-1-1990]
Q. 
No permit shall be issued until an indemnity insurance policy in limits of not less than $500,000/$1,000,000 for personal injuries or death and $500,000/$1,000,000 for property damage in an approved company is filed with the Town Clerk.
Any person committing an infraction against this chapter or any section or provision thereof is guilty of a Class B misdemeanor punishable by a fine not exceeding $500 or imprisonment for a period not exceeding three months for each such infraction, or by both such fine and imprisonment.