As used in this chapter, the following terms shall have the
meanings indicated:
ASSISTANT
A person who works under the direction of the operator to
put on a public fireworks display.
BODY
A municipality, school district, private club, association
or organization of individuals.
FIREWORKS
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.
HIGHWAY
Any public street, road, highway or alley, or any private
road or street.
OPERATOR
The person with overall responsibility for safety and the
setting up and discharging of a public fireworks display.
PERMIT
The written authorization of the permit authority granted
to any body to conduct a public fireworks display.
SPONSOR
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.
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. Flare guns, intended to signal distress;
B. Road flares, designed for road safety;
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.