[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.
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of August 1928, as amended, is repealed, rescinded and annulled; however,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.
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.
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.
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.
[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.
[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.
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:
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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.
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[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.
