[HISTORY: Adopted by the Board of Trustees of the Village
of Rye Brook 9-8-2015 by L.L. No.
4-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 170.
A.
Pursuant to recent revisions to the New York State Penal Law § 405,
it is now legal for private individuals, organizations and municipalities,
to employ the use of professional pyrotechnics and fireworks for public
displays. The Rye Brook Board of Trustees hereby finds that such activities
are extremely dangerous, as they incorporate the use of highly explosive
materials and other devices which can pose a serious threat to public
health and safety if not conducted in a proper and safe manner. The
Board of Trustees, therefore, finds it is necessary to enact a chapter
benefiting the health, safety and general welfare of the Village of
Rye Brook and its residents with respect to the storage and use of
fireworks and pyrotechnics within the Village's jurisdiction.
B.
This chapter is intended to operate in accordance with, and shall
not supersede, §§ 405 and 270 of the New York State
Penal Law or the regulations promulgated by the New York State Commissioner
of Labor under 12 NYCRR Part 61, as amended from time to time. Where
applicable, this chapter shall regulate those areas specifically prescribed
to the authority of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual who has been authorized by the certified operator
to work on a show after such operator has confirmed that the individual
is either a certified pyrotechnician, or otherwise meets the following
qualifications: is at least 18 years old; has been trained in the
performance of the tasks to be assigned; and has been educated with
regard to safety hazards.
A person who is certified as a pyrotechnician through the
New York State Department of Labor.
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration, or detonation that meets the definition of Consumer
Fireworks or Display Fireworks as set forth in NFPA 1123 and NFPA
1126. This definition expressly excludes "sparkling devices," as defined
in § 270 of the New York State Penal Law.
A permit issued by the Rye Brook Building Department, with
permission of the Board of Trustees, for the public display and discharge
of fireworks and/or pyrotechnics in accordance with the requirements
set forth by this chapter.
An individual who performs any tasks on a pyrotechnic or
fireworks display, including setting up the equipment, fireworks,
or pyrotechnics, loading mortars (loader), spotting bursting locations
(spotter), tending a ready box (ready box tender), igniting the fireworks
(shooter), striking the equipment, or cleaning the site.
Controlled exothermic chemical reactions that are timed to
create the effects of heat, gas, sound, dispersion of aerosols, emission
of visible electromagnetic radiation, or a combination of these effects
to provide the maximum effect from the least volume.
Any person or entity applying for a permit issued pursuant
to this chapter.
A.
It is hereby unlawful to fire or discharge fireworks or pyrotechnics
indoors or to conduct an indoor fireworks or pyrotechnics displays
in the Village of Rye Brook.
B.
No fireworks or pyrotechnics display may be conducted in the Village
of Rye Brook on a property containing one or more residential dwellings
as its principal use.
C.
No outdoor fireworks or pyrotechnics display shall take place in
the Village of Rye Brook unless the sponsor has been granted a permit
issued pursuant to this chapter.
D.
A permit issued pursuant to this chapter shall not be transferable
under any circumstance. Any attempt to transfer such permit shall
render the permit null and void.
A.
A sponsor seeking a permit pursuant to this chapter shall submit
an application to the Building Inspector upon a form prescribed by
the Village. Said application shall include:
(1)
The name of the sponsor;
(2)
The names of the certified operator(s) and authorized assistant(s)
to be in charge of the display;
(3)
A verified statement from the sponsor identifying the certified operators
who are authorized to conduct the display, including their certificate
numbers, and stating that such individuals possess a valid certification
as a pyrotechnician;
(4)
The date and time of day at which the display is to be held;
(5)
The location planned for the display;
(6)
The number and kind of fireworks or pyrotechnics to be discharged;
(7)
The manner and place of storage of such fireworks or pyrotechnics
prior to the display;
(8)
A diagram of the grounds on which the display is to be held showing
the point at which the fireworks or pyrotechnics are to be discharged,
the location of all buildings, structures, highways and aboveground
utilities; the lines behind which the audience will be restrained
and the location of all nearby trees or other overhead obstructions;
and
(9)
Such other information as the Board of Trustees or the Building Inspector
deems necessary.
(10)
An electronic copy of all submitted materials in a format acceptable
to the Building Inspector.
B.
All applications seeking a permit pursuant to this chapter must be
submitted to the Building Inspector for a determination of completeness.
If the Building Inspector deems the application complete, he shall
forward same to the Board of Trustees for review and consideration.
C.
The Board of Trustees shall review all applications pursuant to this chapter at a regular meeting of the Board. Upon conducting such review, the Board of Trustees shall decide, upon a majority vote, whether the proposed display is likely to create an unreasonable risk of danger to the public health, safety or welfare or an unreasonable nuisance to the Village or its residents. If the Board of Trustees approves an application, it shall be sent back to the Building Inspector immediately for further review and consideration in accordance with Subsection D, below.
D.
Building Inspector approval.
(1)
Upon receipt of an application approved by the Board of Trustees, the Building Inspector shall conduct a pre-display site visit attended by the Rye Brook Fire Chief, Chief of Police and representatives for the sponsor, certified operator and property owner. The purpose of the site visit shall be to inspect the location of the proposed display; identify potential safety issues; determine the specific locations for the display, staging area, viewing distance, in accordance with § 127-5, and viewing area(s). Said site visit shall be conducted within two weeks after the Board of Trustees' approval of the application unless extenuating circumstances require additional time for the inspection to be conducted.
(2)
If, following the pre-display site visit, the Building Inspector
is satisfied that the proposed display will not create an unreasonable
risk of danger to the public health, safety or welfare or an unreasonable
nuisance to the Village or its residents, he shall issue a permit
for the proposed display. Such permit may be issued upon such reasonable
conditions and restrictions as the Building Inspector deems necessary
or prudent under the circumstances.
E.
Bond or insurance.
(1)
Before issuance of a permit pursuant to this chapter, the sponsor
shall post a bond, in an amount determined by the Building Inspector,
but which shall not be less than $1,000,000, conditioned for the payment
of all damages which may be caused to a person or to the property
of a person or legal entity by reason of the display permitted and
arising from any acts or omissions of the sponsor, operator, or any
agent, employee, contractor, or subcontractor thereof. A certificate
evidencing purchase of the bond shall be provided to the Building
Inspector prior to the date of any proposed display.
(2)
The Building Inspector may accept, in lieu of such bond, an indemnity
insurance policy with liability coverage and indemnity protection
equivalent to the terms and conditions upon which such bond would
be predicated and for the purposes provided in this section. Such
indemnity insurance policy shall name the Village of Rye Brook, and
its agents, officers, directors and employees, as an additional insured
by separate endorsement. A certificate evidencing the purchase of
the policy shall be submitted to the Building Inspector prior to the
date of any proposed display.
F.
Denial of an application for a permit shall be in writing, addressed
to the sponsor.
G.
There shall be a nonrefundable fee for submission of an application
pursuant to this chapter in an amount determined by the Board of Trustees
and set forth in the Village fee schedule.
The Building Inspector, in consultation with the certified operator,
Fire Chief and Chief of Police, shall establish the minimum safe viewing
distance from which viewers of the display can observe the display
without risk of harm or injury. A perimeter shall be established for
this purpose, which only the certified operator, its authorized assistants,
Building Inspector and members of the Fire Department or Police Department
may cross prior to and during the display.
The Building Inspector may deny or revoke a permit issued pursuant
to this chapter if (s)he discovers that the sponsor has provided intentionally
misleading or false information in the application materials or that
the sponsor or operator have otherwise violated any provision of this
chapter.
A.
All displays for which a permit has been issued shall be conducted
in full compliance with NFPA 1123 or NFPA 1126, or both, if applicable,
and with the terms of a the permit granted by the Building Inspector.
B.
All debris resulting from the display shall be collected and properly
disposed of by the certified operator within 24 hours after conclusion
of a display.
C.
The Village reserves the right to have representatives of the Building
Department, Fire Department or Police Department attend any display
for which a permit has been issued.
D.
The sponsor and certified operator shall have copies of all permits
available and ready for inspection on site before and during execution
of the display.
A.
Violation of this chapter shall subject the offending person or entity
to the penalties of Article 270 of the New York State Penal Law and
Section 405.05 of the New York State Penal Law concerning seizure
of fireworks.
B.
Notwithstanding any New York State Penal Law violation, a violation
of this chapter shall constitute a separate violation of the Code
of the Village of Rye Brook, punishable by a fine of $250 per offense
and revocation of any permit issued pursuant to this chapter. Conviction
for a violation of this chapter may also be considered in determining
whether a future permit under this chapter should be granted to the
same sponsor and/or certified operator.
C.
The Building Inspector and Assistant Building Inspector, in addition
to any other persons or agencies authorized under state law, shall
have authority to enforce the provisions of this chapter and issue
appearance tickets and summonses for violations hereof.
D.
The violations and penalties prescribed under this section shall
be in addition to any charges and penalties prescribed under state
law.
If any section, subsection, paragraph, or clause of this chapter
is declared invalid by a court of competent jurisdiction, such finding
shall have no effect on the remaining provisions of this chapter or
their enforceability.
If any section, subsection, paragraph, or clause of this chapter
is in conflict with any state law or regulation, the state law or
regulation shall control.
