[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 11-1-2011 by L.L. No. 5-2011. Amendments noted where applicable.]
This Chapter 100 shall be known as "Fireworks Displays."
Recent New York State legislative enactments requiring the regulation of fireworks and pyrotechnics displays at private events, such as (but not exclusively) weddings and parties, have been enacted and, amongst other things, require certain the local municipality, as permitting agency, to address safety issues to better protect localities and the public. This chapter is designed to promote the health, safety and general welfare of the people of the municipality by imposing regulations to help ensure the safe conduct of outdoor fireworks displays within the municipality.
This chapter is enacted pursuant to the authority granted by Article 405 of the Penal Law of the State of New York, the Fire Code of the State of New York, and NFPA 1123 Code for Fireworks Displays and is subject to all of the conditions and provisions contained in said laws and codes, and as may be amended from time to time.
As used in this chapter, the following terms shall have the meanings indicated:
- A person who works under the direction of the operator to put on a public fireworks display.
- A municipality, school district, private club, association or organization of individuals.
- 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 any other device containing any explosive substance.
- Any public street, road, highway or alley, or any private road or street.
- The Village of Phoenix.
- The person with overall responsibility for safety and the setting up and discharging of a public fireworks display.
- The written authorization of the permit authority granted to anybody to conduct a public fireworks display.
- PERMIT AUTHORITY
- The Code Enforcement Officer or other board or authorized individual(s) for the Village of Phoenix.
- PUBLIC FIREWORKS DISPLAY
- An outdoor display of fireworks performed as entertainment.
- The person who exercises general control over the arrangements for the public fireworks display. The sponsor and the operator may sometimes be the same person.
The permit authority is hereby authorized and required to grant and issue a permit for the public display of fireworks and to take all such actions as are necessary for the proper execution of its authority. The enforcement of the provisions provided herein shall be by the permit authority and any other persons as may be from time to time authorized by the Board of Trustees of the municipality.
No person shall conduct an indoor fireworks display in the municipality.
No public fireworks display shall be conducted in the municipality on a lot containing a one- or two-family home as the principal use.
No public fireworks display shall be conducted in the municipality unless a valid permit for such a display has been issued by the permit authority.
Application for such a permit shall be made to the permit authority on the form provided by it, at least 14 days in advance of the date of the fireworks display. The application shall set forth the following information:
The name of the person promoting the fireworks display (sponsor) and the name of the person actually to be in charge of the firing of the display (sponsor).
The date and time of day at which the fireworks display is to be held, including a rain date.
The exact location planned for the display.
The number and kind of fireworks to be discharged.
The manner and place of storage of such fireworks prior to the display, including where fireworks are to be stored if the event is rained out.
For outdoor displays not before a proximate audience, a diagram of the area where the display will take place, showing the location where the fireworks will be discharged from, the location of and distance to all the buildings, highways, and lines of communication, and the location of the audience, trees, overhead obstructions or other structures or devices that could be affected by the display or fallout from it.
For indoor displays, in addition to the information provided above, a written plan for how the applicant intends to use the pyrotechnics as required by the (NYS) Penal Law § 405.10.
For good cause shown, the permit authority may accept an application for a permit less than 14 days in advance of the date of the fireworks display. In no event, however, may the permit authority accept such application less than five days in advance of the fireworks display.
Operators shall supply a photocopy of their licenses to deal in explosives, issued by the New York State Department of Labor.
The application shall be signed by the sponsor and the operator and shall be accompanied by a fee of $50. From time to time at the discretion of the Town Board, the fee may be waived.
Upon receipt of an application for a permit, the permit authority may make an investigation of the site of the proposed display for the purpose of determining whether the regulations provided for herein have been complied with.
No permit granted hereunder shall be transferable to another sponsor or operator or for another location, and any such permit shall apply only to the fireworks display for which it is granted.
Firing distances; mortar pieces.
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 the audience or any permanent building, highway or railroad or other means of travel than the distances provided in the following table:
No mortar piece exceeding 12 inches in diameter shall be used or discharged. Distances from bulk storage areas of materials that have a flammability, explosive or toxic hazard shall be twice that required by the above table.
The minimum radius distance identified in Subsection A(1) shall be wholly contained within the lot containing the actual point at which the fireworks are to be fired. The minimum radius distance identified in Subsection A(1) may be partially located on adjacent property if written permission is provided by the adjacent property owner to the satisfaction of the permit authority.
The audience at any fireworks display shall be restrained behind lines at such distances from the point at which the fireworks are discharged as are provided in the table contained in Subsection A above. The sponsor shall be responsible for controlling the audience.
Only persons actively involved in the fireworks display shall be allowed inside the minimum radius distance line contained in Subsection A above.
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.
Any fireworks that remain unfired after the display is concluded must be immediately disposed of in a way safe for the particular type of fireworks remaining and consistent with all applicable federal and state laws, rules and regulations.
All debris resulting from the fireworks display shall be properly disposed of by the operator before leaving the discharge site. The operator shall remain at the discharge site for at least one hour after the completion of the display to ensure that the site is secure and clean.
No fireworks shall be left unattended at any time prior to, during or after the fireworks display. No fireworks shall be stored at the site of the display more than eight hours before actual discharge, but a longer period may be granted at the discretion of the permit authority. As soon as the fireworks have been delivered to the display site, they shall not be left unattended, nor shall they be allowed to become wet.
No fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than 30 miles per hour.
All operators and assistants shall be over the age of 21 years, competent and physically fit for the task. A copy of a valid driver's license or other valid picture identification acceptable to the permit authority must be provided for all operators and assistants.
There shall be at least one operator or assistant constantly on duty during the discharge, and at least two New York State/NFPA-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 display.
The permit authority (CEO) shall forward a copy of the application to the Chief of the local Fire Department and the Village Board. All parties shall be notified of the display location, date and time if a permit is issued.
The Fire Department (or personnel designee) shall be required to attend the fireworks display. Anyone issued a permit shall be responsible for all reasonable and lawfully required personnel costs associated with on-site staffing.
Anyone issued a permit hereunder shall at a minimum comply with these regulations and New York State Penal Law Article 405 and should comply with the standards and guidelines contained in National Fire Protection Association (NFPA) Standard 1123 regarding outdoor display of fireworks.
The operator shall have any permit issued available for examination by the permit authority at the time of the display.
Smoking shall not be permitted within 50 feet of any area where fireworks or other associated materials are kept or stored.
No permit shall be issued until an adequate bond, in a sum to be fixed by the permit authority, but in no case less than $1,000,000, is provided by the applicant. The bond shall be conditioned for the payment of all damages which may be caused to a person or persons or to property by reason of the fireworks display so permitted and arising from any acts of the sponsor, operator, his or her agents, employees, assistant, contractors or subcontractors. Such bond shall run to the municipality and shall be for the use and benefit of any such person or persons or any such owner or owners of any property so injured or damaged. Any such person or persons or such owner or owners are hereby authorized to maintain an action on such bond, which right of action shall also accrue to the heirs, executors, administrators, successors or assigns of such person or owners.
The permit authority may accept, in lieu of such bond, an indemnity insurance policy with liability coverage and indemnity protection equivalent to or exceeding the terms and conditions upon which bond is predicated and for the same purposes provided.
Any person or persons, associations or corporations committing an offense against any section or provision hereof shall be subject to the penalties imposed by § 270.00 and § 405.05 of the Penal Law, including the provisions relating to the seizure of fireworks contained in § 405.05.
Notwithstanding a conviction for an offense against any provision, a person or entity committing an offense under this chapter shall be subject to revocation of any permit herein granted without reimbursement of fees paid therefor.
In addition to any fine or imprisonment imposed for a conviction of an offense of this chapter, each such offense may be subject to a civil penalty not to exceed $250, to be recovered in an action or proceeding in a court of competent jurisdiction.
Where the requirements of this chapter impose a different restriction or requirement than imposed by other sections of the Village Code of the Village of Phoenix, the Village Law of the State of New York or other applicable rules or regulations, the requirements of this chapter shall prevail to the extent allowed by the laws of the State of New York. Otherwise, the strictest requirements shall prevail.