Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay as Ch. 9 of the 1971 Code. Section 114-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 156.

§ 114-1 Repealer; preservation of existing rights.

The Firearms and Explosives Ordinance adopted on the 28th day of August 1928, as amended, is repealed, rescinded and annulled; however, all existing permits duly issued thereunder are valid until such time as the permittee's current State Department of Labor license to purchase, own, possess, transport or use explosives expires, unless sooner revoked by the issuing authority.

§ 114-2 Possession, transportation and use of explosives restricted.

It shall be unlawful for any person to have, possess, keep, store, transport or use any high or low explosives, fuse or electric blasting caps or any fireworks of any description or any other explosive compound, except such articles as defined by the Interstate Commerce Commission regulations for the transportation of explosives or other dangerous articles, unless these explosives are stored, used or transported in conformity with the regulations of the state and the Public Safety Bureau of the County Police Department and a permit is first obtained from the Town Clerk.

§ 114-3 Permit required for sale of explosives.

No person shall sell, expose for sale or give away any percussion caps, fuse or electric blasting caps, dynamite, firecrackers or other fireworks or any other explosive materials of any description without first obtaining a permit therefor from the Town Clerk.

§ 114-4 Discharge restricted.

A. 
Except as otherwise provided by law, no person shall discharge any firearms, rockets, gunpowder, firecrackers, torpedoes, blasting caps, dynamite or other explosives within the town without first obtaining a permit therefor from the Town Clerk, except that persons having a duly issued license or permit or a permit to carry or possess concealed weapons and persons having duly issued gunning or gaming licenses or permits shall not be required to obtain the permit otherwise required by this subsection before using a firearm so permitted within the intent of the license or permit.
B. 
The prohibition contained in Subsection A of this section shall not apply to the authorized discharge of a firearm at a licensed range.
C. 
Nothing contained in Subsection A or B of this section shall be construed as permitting the discharge of firearms contrary to the Penal Law nor on, from or over the waters known as "Mill Neck Creek" pursuant to § 114-7.

§ 114-5 Prerequisites for permit issuance; conditions.

[Amended 10-21-1986]
A. 
A fee of $10 shall be charged for each town permit issued under this chapter; however, 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.
B. 
No permit will be issued pursuant to this chapter without first obtaining the approval of the Nassau County Police Department Bomb Squad, in writing, which approval shall be attached to the application for the permit before the application is acted upon.
C. 
No permit shall be issued until an indemnity insurance policy in limits of not less than $500,000/$1,000,000 for personal injury or death and $500,000/$1,000,000 for property damage in an approved company is filed with the Town Clerk.
D. 
A permit issued pursuant to this chapter shall only be in effect for the individual special event for which the permit is requested.
E. 
All permits issued pursuant to this chapter shall expire upon conclusion of the special event for which they are issued.
F. 
No permit granted hereunder shall be transferable.

§ 114-6 Rules and regulations for fireworks displays.

[Amended 10-21-1986]
A. 
The actual point at which the fireworks are to be fired shall be at least 300 feet from the nearest permanent building, public highway or railroad or other means of travel and at least 50 feet from the nearest aboveground telephone or telegraph line, tree or other overhead obstruction.
B. 
The audience at such display shall be restrained behind lines at least 300 feet from the point at which the fireworks are discharged.
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 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 be kept within the territorial limits of the area for which the permit is issued. This 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 display.
L. 
All mortars shall be embedded in the ground and be protected by sandbags. No mortar piece exceeding five inches in diameter shall be used or discharged.
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. 
In the finale or closing set pieces of fireworks, the tubes shall not be larger than two inches in diameter. The tubes shall be constructed of cardboard only. On the ground finale, the tubes shall not be larger than three inches.[1]
[1]
Editor's Note: Former Subsection Q, dealing with penalties, which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions. Art. I. For current penalty provisions, see § 114-8. Penalties for offenses.

§ 114-7 Discharge of firearms over Mill Neck Creek.

A. 
It is hereby found and declared that because of the limited confines of certain of the waters within the town and the close proximity thereto of residential and other structures and property inhabited and used by human beings, the use of firearms on such waters is a matter affecting the public health, safety and welfare which should be subject to control by the town, the use of firearms being inherently dangerous.
B. 
No person shall discharge any pistol, rifle, shotgun or any type of firearm from, on or over any portion of the waters specifically described in Subsection C of this section unless he is a peace officer acting in the discharge of his duty or unless it shall be reasonably necessary for the protection of life or property.
C. 
For the purpose of this section, the waters known as "Mill Neck Creek" are more particularly bounded and described as follows:
All those waters lying between the northerly boundary of the Incorporated Village of Mill Neck on the south, the easterly boundary of the Incorporated Village of Lattingtown on the west, on the northwest by the unincorporated hamlet known as "Locust Valley" (part of which is known as "Davis Park"), on the north by the southerly boundary of the Incorporated Village of Bayville, and on the northeast by lands lying in the unincorporated portion of Bayville, and on the east by a line 500 yards easterly from and parallel with the bridge which carries Shore Road across the said waters, which line shall run southerly from the northerly shore of said waters to a point where it would intersect a line drawn due east from the southeasterly end of said bridge.

§ 114-8 Penalties for offenses.

[Amended 10-21-1986[1]]
Any person committing an infraction against this chapter or any section or provision thereof is punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such infraction, or by such fine and imprisonment.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions. Art. I.