[HISTORY: Adopted by the Common Council of the City of Port
Jervis 10-10-2017 by L.L. No. 12-2017. Amendments noted where applicable.]
A.
This chapter is designed to promote the health, safety and general
welfare of the people of the City of Port Jervis by imposing regulations
to help ensure the safe conduct of outdoor fireworks displays within
the City.
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 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.
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.
Administration and enforcement authority. The City of Port Jervis
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 City of Port Jervis Police Department, Port
Jervis Building Inspector, the New York State Police, and any other
agents of the City and State of New York as may be from time to time
authorized by any provision of law.
B.
Permit.
(1)
No public fireworks display shall be conducted in the City of Port
Jervis unless a valid permit for such a display has been issued by
the City.
(2)
There shall be a fee for permits issued under this chapter. The fee
shall be set by the City Council of the City of Port Jervis from time
to time by resolution. The City Council of the City of Port Jervis
reserves the right to waive the fee upon a showing that it is in the
best interest of the public.
(3)
Any permit issued under this chapter shall require a deposit for
the purpose of maintenance of the City property. The deposit shall
be set by the City Council of the City of Port Jervis from time to
time by resolution.
(4)
Permits shall be obtained after completion of the application as
set forth by the City of Port Jervis. The application for a permit
must be submitted at least 60 days prior to the date the display is
to take place.
(5)
The City of Port Jervis may reject the application if it finds the
proposed display to be contrary to the public health, safety or welfare.
(6)
Application for such a permit shall be made to the Building Department
of the City of Port Jervis on the form provided by it. The application
shall set forth the following information:
(a)
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.
(b)
The date and time of day at which the fireworks display is to
be held, including two additional dates in case of inclement weather.
(c)
The exact location planned for the display.
(d)
The age, experience and physical characteristics of operators.
(e)
The inventory pull sheet listing all types and quantities of
pyrotechnic devices being used in the display. The inventory pull
sheet shall also provide information regarding the blast radius and
fallout zone for the devices that will be used.
(f)
The manner and place of storage of such fireworks prior to the
display.
(g)
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. The diagram shall
also show all necessary emergency access points to the proposed site.
(h)
A copy of the appropriate licenses required by New York State
and the federal government or appropriate federal agencies to operate
the display including, but not limited to:
[1]
A copy of the operator's United States Department of Transportation
hazardous material certificate of registration;
[2]
A copy of the operator's United States Treasury Department,
Bureau of Alcohol, Tobacco and Firearms explosives permit;
[3]
A copy of the operator's New York State Department of Labor,
Division of Safety and Health certificate of competence;
[4]
Copies of the licenses of the individual assistants who will
assist the operator in execution of the fireworks display; and
[5]
Copies of necessary licenses, approvals and notification verification
from the Federal Aviation Agency.
(i)
All operators shall supply a photocopy of their licenses to
deal in explosives, issued by the New York State Department of Labor.
(j)
A copy of the promoter's or sponsor's insurance with
the City of Port Jervis named as an additional insured.
(k)
A fully explained plan for the setup of the display, cleanup
of the display, and an emergency plan in the event of an emergency
related to the display.
(l)
Such other information as the City of Port Jervis may deem necessary
to protect persons or property.
(7)
Upon receipt of an application for a permit, the City Council 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.
(8)
No permit granted hereunder shall be transferable, and any such permit
shall apply only to the fireworks display for which it is granted.
(9)
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 City Council.
C.
Regulations.
(1)
Any person or entity issued a permit hereunder shall comply with
these regulations, New York State Penal Law Article 405 and shall
comply with the standards and guidelines contained in National Fire
Protection Association (NFPA) Standard 1123 regarding outdoor display
of fireworks.
(2)
Any applicant for a permit to conduct a fireworks display shall send
a copy of the application to the City of Port Jervis Building Department,
Building Inspector, the Chief of the Fire Department and the City
Council. 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 City of Port Jervis shall be permitted
on the property for inspection prior to and following the event.
(3)
Each sponsor and operator to whom a permit has been issued shall
be responsible for reimbursing the City of Port Jervis for personnel
and equipment costs for inspections. The City Council of the City
of Port Jervis reserves the right to waive the fee if it determines
such a waiver is in the best interest of the public.
(4)
The operator shall have all permits issued available for examination
by the City of Port Jervis, its employees and officers, or the City
of Port Jervis Police Department and Building Inspector at the time
of the display.
D.
Prohibitions.
(1)
No person or other legal entity shall conduct an indoor fireworks
display in the City of Port Jervis.
(2)
No public fireworks display shall be conducted in the City of Port
Jervis on a lot containing a one- or two-family home as the principal
use.
(3)
No public fireworks display shall be conducted prior to 8:00 p.m.
or after 10:00 p.m.
(4)
No public fireworks display may last for longer than 45 minutes.
E.
Notice. Any applicant for a permit to conduct a fireworks display
shall give proper public notice by placing an advertisement in the
City's official newspaper (not a legal notice) and by posting
notification in at least five public places in the City, one of which
shall be the Official City Bulletin Board located at the City Hall,
no more than 20 days and no less than five days prior to the display.
F.
Insurance. No permit shall be issued until an indemnity insurance
policy with liability coverage and indemnity protection naming the
City of Port Jervis as an insured and indemnified party in a sum to
be fixed by the City of Port Jervis, but in no case less than $3,000,000
is provided by the applicant.
G.
Exceptions. 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:
H.
Penalties for offenses.
(1)
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.
(2)
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.
(3)
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 $1,000, not to exceed $2,500, to be
recovered in an action or proceeding or pursuant to an order on consent
with the defendant in a court of competent jurisdiction.
I.
Fees. The City Council 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 City of its costs incurred
in the administration and enforcement of this chapter.
J.
Conflicting standards. Where the requirements of this chapter impose
a different restriction or requirement than imposed by other sections
of the Code of the City of Port Jervis, the City Law of the State
of New York or other applicable rules or regulations, the requirements
of this chapter shall prevail.
A.
Offense. Except as herein otherwise provided, or except where a permit
is obtained pursuant to this chapter, any person who shall possess,
use, explode or cause to explode any fireworks or dangerous fireworks
as defined by § 270.00 of the Penal Law of the State of
New York shall be guilty of a violation of this chapter.
B.
Penalty for offenses. 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.
