[HISTORY: Adopted by the Town Board of the Town of Mount
Hope 2-16-2016 by L.L. No. 1-2016. Amendments noted where applicable.]
A.
This chapter is designed to promote the health, safety and general
welfare of the people of the Town of Mount Hope by imposing regulations
to help ensure the safe conduct of outdoor fireworks displays within
the Town of Mount Hope.
B.
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 Outdoor Fireworks Display,
and is subject to all of the conditions and provisions contained in
said laws and codes, 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.
Firecrackers, sparklers or other combustible or explosive
of like construction, or any preparation containing explosive or inflammable
compounds 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 substances or article prepared for the purpose of producing
a visible or an audible effect by combustion, explosion, deflagration
or detonation, or other device containing any explosive substance,
excepting those devices enumerated in § 49-7, Exceptions.
Any public street, road, highway or alley, or any private
road or street.
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 any body to conduct a public fireworks display.
Any outdoor display of fireworks performed in a manner to
be viewed by the general public.
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.
A.
The Town of Mount Hope is authorized 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 Town of Mount Hope
Police Department and any other persons as may be from time to time
authorized by the Town Board of the Town of Mount Hope.
A.
No public fireworks display shall be conducted in the Town of Mount
Hope unless a valid permit for such a display has been issued by the
Town.
B.
The Town of Mount Hope shall issue not more than two permits per
year for the use and display of fireworks.
C.
There shall be a fee for permits issued under this chapter. The fee
shall be set by the Town Board of the Town of Mount Hope from time
to time by resolution. The Town Board of the Town of Mount Hope reserves
the right to waive the fee upon a showing that it is in the best interest
of the public.
D.
Any permit issued under this chapter shall require a deposit for
the purpose of maintenance of the Town property. The deposit shall
be set by the Town Board of the Town of Mount Hope from time to time
by resolution.
E.
Permits shall be obtained after completion of the application as
set forth by the Town of Mount Hope. The application for a permit
must be submitted in the calendar year that the display is to take
place. The Town of Mount Hope may reject the application if it finds
the proposed display to be contrary to the public health, safety or
welfare.
F.
Application for such a permit shall be made to the Town of Mount
Hope on the form provided by it. The application shall set forth the
following information:
(1)
The name of the person or entity promoting the fireworks display
and the name of the person actually to be in charge of the display.
(2)
The date and time of day at which the fireworks display is to be
held, including two additional dates in case of inclement weather.
(3)
The exact location planned for the display.
(4)
The age, experience and physical characteristics of operators.
(5)
The number and kind of fireworks to be discharged.
(6)
The manner and place of storage of such fireworks prior to the display.
(7)
A diagram, with distances shown in feet, of the grounds on which
the fireworks display is to be held showing the point at which the
fireworks are to be discharged, the location of all buildings, highways
and other lines of communication, the lines behind which the audience
will be restrained and the location of all nearby trees, telegraph
or telephone lines or other overhead obstructions.
(8)
A copy of the appropriate licenses required by New York State to
operate the display including, but not limited to:
(a)
A copy of the operator's United States Department of Transportation
hazardous material certificate of registration;
(b)
A copy of the operator's United States Treasury Department,
Bureau of Alcohol, Tobacco and Firearms explosives permit;
(c)
A copy of the operator's New York State Department of Labor,
Division of Safety and Health license to deal in or manufacture explosives;
and
(d)
Copies of the licenses of the individual assistants who will
assist the operator in execution of the fireworks display;
(9)
All operators shall supply a photocopy of their licenses to deal
in explosives, issued by the New York State Department of Labor.
(10)
A copy of the promoter's or sponsor's insurance with
the Town of Mount Hope named as an additional insured.
(11)
A fully explained plan for the set up of the display, clean
up of the display, and an emergency plan in the event of an emergency
related to the display.
(12)
Such other information as the Town of Mount Hope may deem necessary
to protect persons or property.
G.
Upon receipt of an application for a permit, the Town Board 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.
H.
No permit granted hereunder shall be transferable, and any such permit
shall apply only to the fireworks display for which it is granted.
I.
Denial of an application for a permit shall be in writing, addressed
to the sponsor of the permit, setting forth the reasons for such denial.
Such denial must be provided within 10 days of the determination by
the Town Board.
A.
No person or other legal entity shall conduct an indoor fireworks
display in the Town of Mount Hope.
B.
No public fireworks display shall be conducted in the Town of Mount
on a lot containing a one- or two-family home as the principal use.
C.
No public fireworks display shall be conducted on a school night.
D.
No public fireworks display shall be conducted prior to 8:00 p.m.
or after 10:00 p.m.
E.
No public fireworks display may last for longer than 45 minutes.
F.
Any person or entity issued a permit hereunder shall at a minimum
comply with these regulations. 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.
G.
Any applicant for a permit to conduct a fireworks display shall send
a copy of the application to the Chief of Police of the Town of Mount
Hope, the Chief of the local Fire Department and the Town Board. All
parties shall be notified of the display location, date and time if
a permit is issued, and the Fire Department and other officers and
employees of the Town of Mount Hope shall be permitted on the property
for inspection prior to and following the event.
H.
Each sponsor and operator to whom a permit has been issued shall
be responsible for reimbursing the Fire Department and the Town of
Mount Hope for personnel and equipment costs for inspections. The
Town Board of the Town of Mount Hope reserves the right to waive the
fee if it determines such a waiver is in the best interest of the
public.
I.
The operator shall have all permits issued available for examination
by the Town of Mount Hope, its employees and officers, or the Town
of Mount Hope Police Department at the time of the display.
Any applicant for a permit to conduct a fireworks display shall
give proper public notice by placing an advertisement in the Town
newspaper (not a legal notice) and by posting notification in at least
five public places in Town, one of which shall be the Official Town
Bulletin Board located at the Town Hall, no more than 20 days and
no less than five days prior to the display.
No permit shall be issued until an indemnity insurance policy
with liability coverage and indemnity protection naming the Town of
Mount Hope as an insured and indemnified party in a sum to be fixed
by the Town of Mount Hope, but in no case less than $3,000,000, is
provided by the applicant.
Fireworks, as regulated herein, shall not include devices that
ignite or explode and are commonly used for purposes other than the
display of fireworks for recreational purposes, including, but not
limited to:
A.
Any person or persons or entities committing an offense against this
chapter or any section or provision thereof 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.
Notwithstanding a conviction for an offense against any provisions,
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 thereof.
C.
In addition to any fine or imprisonment imposed for a conviction
of an offense to this chapter, each such offense shall be subject
to a civil penalty of at least $500, not to exceed $1,000, to be recovered
in an action or proceeding or pursuant to an order on consent with
the defendant in a court of competent jurisdiction.
The Town Board may from time to time approve by simple resolution
the fees and deposits to be charged pursuant to this chapter. Such
fees shall be adequate for recovery by the Town of its costs incurred
in the administration and enforcement of this chapter.
A.
Where the requirements of this chapter impose a different restriction
or requirement than imposed by other sections of the Code of the Town
of Mount Hope, the Town Law of the State of New York or other applicable
rules or regulations, the requirements of this chapter shall prevail.
