[HISTORY: Adopted by the Town Board of the Town of Warrensburg 7-11-2018 by L.L. No. 2-2018. Amendments noted where applicable.]
A. 
The Town of Warrensburg wishes to provide residents the ability to celebrate private events by use of commercial fireworks displays provided these displays are undertaken in a manner that promotes safety consistent with the provisions of New York State Penal Law Section 405.00. The Town Board wishes to set forth the process for obtaining a commercial fireworks display permit and to establish the minimum requirements that must be met by applicants.
B. 
It is not the intent nor the purpose of this chapter to regulate items defined as "sparkling devices" under Section 225.1 of Title 9 of the New York Codes, Rules and Regulations which are regulated by New York Penal Law Section 405 and Local Law No. 3 of 2015 adopted by the Warren County Board of Supervisors on April 17, 2015, and filed by the New York Department of State on April 29, 2015, and as may be amended. Nor does it imply or take any jurisdiction over any other enforcement agency for the illegal use or possession of any form of consumer or commercial fireworks as described in New York Penal Law Section 270.00[2], or any other state or federal law or regulation.
This chapter shall be known as the "Commercial Fireworks Display Law." This chapter is adopted pursuant to New York Municipal Home Rule Law and New York Penal Law Section 405.00 for the purpose of regulating commercial fireworks displays consistent with the standards established by the American Pyrotechnic Association and the codes, standards, recommended practices and guides established by the National Fire Protection Association ("NFPA Standards"), specifically NFPA Standards 1123, 1124 and 1126.
The Town Board hereby authorizes the Town of Warrensburg Code Enforcement Officer as the "permit authority" authorized to grant permits for commercial fireworks displays pursuant to New York State Penal Law Section 405.00 and this chapter.
No person, firm or other entity may discharge commercial fireworks or allow the discharge of commercial fireworks on property under his/her/its ownership or control in the Town of Warrensburg without first obtaining a commercial fireworks display permit as described below and unless doing so complies with Penal Law Section 405.00 and the requirements of this chapter.
A. 
The application for a commercial fireworks display permit shall be submitted to the Code Enforcement Officer not less than 14 days prior to the proposed display date. The application shall be on a form approved by the Town and shall contain the following:
(1) 
The name and address of the person or entity sponsoring the display.
(2) 
The names of the persons actually to be in charge of the firing of the display, each of whom shall possess a valid certificate of competence as a pyrotechnician as required under the General Business Law and Article 16 of the Labor Law, together with a verified statement from the applicant identifying the individuals who are authorized to fire the display, their certificate numbers, and that such individuals possess a valid certificate of competence as a pyrotechnician.
(3) 
The date and time of day at which the display is to be held.
(4) 
The exact location planned for the display.
(5) 
The number and kind of commercial fireworks to be discharged.
(6) 
The manner and place of storage of such commercial fireworks prior to the display.
(7) 
A diagram of the grounds on which the display is to be held showing the point at which the commercial 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 statement that such commercial fireworks display will be conducted in accordance with the rules promulgated by the Commissioner of Labor pursuant to Section 462 of the Labor Law and NFPA Standards 1123, 1124 and 1126.
(9) 
Such other information as the Town Board may deem necessary to protect persons or property.
B. 
The applicant must sign the commercial fireworks display permit application after acknowledging that all the information provided is true and that the commercial fireworks display will comply with all local, state and federal laws, rules, ordinances and regulations.
C. 
A nonrefundable fee in such amount as may be fixed by resolution of the Town Board shall be submitted with the application.
Each commercial fireworks display permit shall be subject to the following requirements:
A. 
The actual point at which the commercial fireworks are to be fired shall be in accordance with the rules promulgated by the Commissioner of Labor pursuant to Section 462 of the Labor Law and shall be conducted in compliance with NFPA Standards 1123, 1124 and 1126;
B. 
All the persons in actual charge of firing the commercial fireworks shall be over the age of 18 years, competent and physically fit for the task and there shall be at least two such operators constantly on duty during the discharge.
C. 
At least two approved-type fire extinguishers shall be kept at as widely separated points as possible within the actual area of the display. Extinguishers shall be dry chemical type with a minimum designation of 3A:40BC.
D. 
No fireworks display permit may be issued to conduct a display of fireworks upon any property where the boundary line of such property is less than 500 yards from the boundary line of any property which is owned, leased or operated by any breeder as defined in Section 251(4) of the Racing, Pari-mutuel Wagering and Breeding Law.[1]
[1]
Editor's Note: Section 251 of this law was repealed effective 2-19-2008.
E. 
Notwithstanding § 115-10 of this chapter, the Code Enforcement Officer shall have the right of entry to the premises, upon reasonable notice to the property owner, either prior to or following issuance of a commercial fireworks display permit.
F. 
No commercial fireworks display may be held when the wind reaches a velocity of 30 miles per hour. It is the permittee's obligation to be aware of wind speeds prior to and during the display. The wind speeds shall be measured with an anemometer and the measurements recorded by the permittee.
G. 
The permittee shall be responsible for removing any residual debris resulting from the display. In the event debris is located on any neighboring properties, the permittee shall seek permission of the neighboring property owners to enter upon such lands and, with such permission, shall be responsible for cleanup.
H. 
No commercial fireworks display may continue for more than 30 minutes.
I. 
commercial fireworks displays must begin no later than 9:30 in the evening during the months of June through August and no later than 9:00 in the evening during all other months.
J. 
The commercial fireworks display permit will authorize only the commercial fireworks display activities specified in the application and a new commercial fireworks display permit will be required for any different or subsequent commercial fireworks display.
K. 
Any commercial fireworks display permit granted and issued hereunder shall be nontransferable.
L. 
The permittee shall display the commercial fireworks display permit on the site and shall make the commercial fireworks display permit available, if requested, to the Code Enforcement Officer, the Warren County Sheriff's Office, the New York State Police, or any other local, state or federal agency with enforcement authority over fireworks or such displays.
A. 
Before granting and issuing a commercial fireworks display permit for a display of commercial fireworks as herein provided, the applicant shall provide an adequate bond therefor, unless it is a state entity, county park, city, village or town, in a sum to be fixed by the Town Board but not less than $1,000,000. Such 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 display so permitted and arising from any acts of the permittee, his or her agents, employees, contractors or subcontractors.
B. 
Such bond shall run to the state if the commercial fireworks display permit is granted for a display on State property, or to the Town. Such bond shall be for the use and benefit of any person or persons or any owner or owners of any property so injured or damaged, and such person or persons or such owner or owners are hereby authorized to maintain an action thereon, which right of action also shall accrue to the heirs, executors, administrators, successors or assigns of such person or persons or such owner or owners.
C. 
The Town Board 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 is predicated and for the purposes provided in this chapter.
The Code Enforcement Officer, any law enforcement officer and/or fire official, for reasons of public safety, may enter without delay any site within the Town whenever commercial fireworks are being used by a permittee under this chapter. The Code Enforcement Officer may revoke any commercial fireworks display permit issued hereunder at any time for good cause shown.
A. 
Any person, firm or other entity owning, leasing or otherwise controlling any premises where a violation of this chapter occurs and any person, firm or other entity who commits or assists in the commission of any violation of this chapter may be found guilty of an offense and subject to the following:
(1) 
A fine of $50 for the first offense;
(2) 
A fine of $200 for a second offense within a two-year period; and
(3) 
A fine of $500 for each subsequent violation within any two-year period.
B. 
If within any two-year period, a person, firm or other entity is found guilty of three or more violations of this chapter, such person, firm or entity shall be prohibited from obtaining a commercial fireworks display permit for a period of five years running from the last violation date. If within any two-year period, any premises is the location of three or more commercial fireworks displays that in any way violate this chapter, no commercial fireworks display permit may be obtained for that location for a five-year period running from the last violation date.
C. 
The Code Enforcement Officer has the authority to prosecute any violations of this chapter in the Town of Warrensburg Justice Court or other court of competent jurisdiction. In addition to the foregoing, the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of or to enforce compliance with any provision of this chapter.
If any provision of this chapter is declared invalid by a court of competent jurisdiction, such declaration shall not affect or impair any other provision of this chapter and all other provisions shall remain in full force and effect.
All local laws or ordinances or parts of local laws or ordinances in conflict with any part of this chapter are hereby repealed.
This chapter shall take effect upon filing by the office of the New York State Secretary of State pursuant to Municipal Home Rule Law Section 27(3).