[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."
A.Â
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.
B.Â
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.
The Code Enforcement Officer or other board or authorized
individual(s) for the Village of Phoenix.
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.
A.Â
No person shall conduct an indoor fireworks display in the municipality.
B.Â
No public fireworks display shall be conducted in the municipality
on a lot containing a one- or two-family home as the principal use.
C.Â
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.
D.Â
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:
(1)Â
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).
(2)Â
The date and time of day at which the fireworks display is to be
held, including a rain date.
(3)Â
The exact location planned for the display.
(4)Â
The number and kind of fireworks to be discharged.
(5)Â
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.
(6)Â
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.
(7)Â
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.
E.Â
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.
F.Â
Operators shall supply a photocopy of their licenses to deal in explosives,
issued by the New York State Department of Labor.
G.Â
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.
H.Â
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.
I.Â
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.
A.Â
Firing distances; mortar pieces.
(1)Â
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:
Shell Size
(inches)
|
Shell Size
(millimeters)
|
Minimum Radius Distance
(feet)
| |
---|---|---|---|
3 or less
|
76 or less
|
280
| |
4
|
102
|
560
| |
5
|
127
|
700
| |
6
|
152
|
840
| |
7
|
178
|
980
| |
8
|
203
|
1120
| |
10
|
254
|
1400
| |
12
|
305
|
1680
|
(2)Â
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.
(3)Â
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.
B.Â
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.
C.Â
Only persons actively involved in the fireworks display shall be allowed inside the minimum radius distance line contained in Subsection A above.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
No fireworks display shall be held during any wind storm in which
the wind reaches a velocity of more than 30 miles per hour.
I.Â
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.
J.Â
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 2Â 1/2 gallons' capacity each
shall be kept at as widely separated points as possible within the
actual area of display.
K.Â
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.
L.Â
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.
M.Â
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.
N.Â
The operator shall have any permit issued available for examination
by the permit authority at the time of the display.
O.Â
Smoking shall not be permitted within 50 feet of any area where fireworks
or other associated materials are kept or stored.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.