[HISTORY: Adopted by the Town Board of the Town of Lancaster 4-16-2012 by L.L. No.
1-2012 (Ch. 3 of the 1966 Codification). Amendments
noted where applicable.]
The purpose of this chapter is to carry out the authority granted
to the Town under New York Penal Law § 405.00 to require
permits for fireworks displays, and to regulate explosives.
As used in this chapter, the following terms shall have the
meanings indicated:
A reactive substance that contains a great amount of potential
energy that can produce an explosion if released suddenly, usually
accompanied by the production of light, heat, sound and pressure.
A device consisting of a combination of explosives and combustibles,
set off to generate colored lights, smoke, and noise for amusement.
A.
No person or persons, firm, partnership
or corporation shall keep for sale, offer for sale, distribute, give
away or have in his, their or its possession any container whatever,
for use within the Town of Lancaster (exclusive of the Villages of
Lancaster and Depew), Erie County, New York, which shall contain dynamite,
giant powder, nitroglycerin, or other explosives more powerful than
ordinary black gunpowder.
B.
No person or persons, firm, partnership
or corporation shall keep for sale, offer for sale, distribute or
give away for use within the Town of Lancaster (exclusive of the Villages
of Lancaster and Depew) any fireworks, including firecrackers, that
are likely to maim or injure any person by the explosion thereof.
C.
No person or persons, firm, partnership
or corporation shall keep for sale, offer for sale, distribute or
give away for use within the Town of Lancaster (exclusive of the Villages
of Lancaster and Depew), any fireworks by definition, as expressly
stated in Penal Law Article 270, Other Offenses Relating to Public
Safety, §§ 270 through 270.35, without a written permit
issued by the Town Clerk of the Town of Lancaster.
The Chief of Police may approve a permit to be issued by the
Town Clerk for the display of fireworks to municipalities, fair associations,
amusement parks, persons, or organizations of individuals that submit
an application in writing. The application for such permit shall set
forth:
A.
The name of the body sponsoring
the display and the names of the persons actually to be in charge
of the firing of the display who shall possess a valid certificate
of competence as a pyrotechnician as required under the General Business
Law and Article 16 of the Labor Law. The permit application shall
further contain a verified statement from the applicant identifying
the individuals who are authorized to fire the display, including
their certificate numbers, and that such individuals possess a valid
certificate of competence as a pyrotechnician.
B.
The date and time of day at which
the display is to be held.
C.
The exact location planned for
the display.
D.
The number and kind of fireworks
to be discharged.
E.
The manner and place of storage
of such fireworks prior to the display.
F.
A diagram of the grounds on which
the 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.
G.
Upon approval of the application,
the applicant must make notice to senior facilities and other residential
facilities as directed by the Chief of Police.
H.
Such other information as the
Chief of Police may deem necessary to protect persons or property.
A.
All applications for permits for
the display of fireworks shall be made at least 10 days in advance
of the date of the display, and the permit shall contain provisions
that the actual point at which the fireworks are to be fired be in
accordance with the rules promulgated by the Commissioner of Labor
pursuant to § 462 of the Labor Law and that all the persons
in actual charge of firing the fireworks shall be over the age of
18 years, competent and physically fit for the task, that there shall
be at least two such operators constantly on duty during the discharge
and that at least two approved type fire extinguishers shall be kept
at as widely separated points as possible within the actual area of
the display.
B.
Applications will be obtained
from the Town Clerk's office and shall be submitted in four copies
to the Town Clerk, who shall forward to the Chief of Police, Code
Enforcement Officer and Fire Chief.
C.
No permit granted and issued hereunder
shall be transferable.
D.
Upon approval, the Chief of Police
will notify the Town Clerk by formal letter and the Town Clerk shall
issue said permit to the applicant. After such permit having been
granted, sales, possession, use and distribution of fireworks for
such display shall be lawful.
E.
Any denial of a permit shall include
a written statement from the Chief of Police to the Town Clerk stating
the reasons for denial. The Town Clerk shall notify the applicant
of the denial and provide reasons supporting that decision in writing.
F.
Inspections. The Code Enforcement
Officer and Fire Chief of the applicable fire district shall inspect
the subject premises prior to the issuance of a permit, and it shall
be the duty of the Fire Chief, after such permit has been issued,
to inspect the premises wherein said display will take place to see
that the execution of the work so authorized by said permit shall
be done in conformity with the approved plans and specifications and
the existing standards, rules and regulations applicable thereto.
Notwithstanding the provisions of § 178-3 of this chapter, no 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 subdivision four of § 251 of the New York Racing, Pari-Mutuel Wagering and Breeding Law.
Before the granting and issuing of a permit for a display of
fireworks as herein provided, the applicant shall provide a certificate
of insurance (unless the applicant is a state park, county park, city,
village or Town), in a sum to be fixed by the Police Chief, which,
however, shall not be less than $1,000,000, 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 permitted, his or her agents, employees, contractors or subcontractors.
Such insurance shall run to the Town of Lancaster and 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 their heirs, executors,
administrators, successors or assigns of such person or persons or
such owner or owners. The insurance requirement shall be: commercial
general liability, $1,000,000 each occurrence, auto liability $1,000,000
each accident, Umbrella (minimum $1,000,000), workers compensation
and New York State disability insurance. The Town must be named as
an additional insured and an indemnification agreement included.
The nonrefundable fireworks permit fee, shall be set at $100,
which may be amended by resolution of the Town Board
A.
Any violation by a person, firm,
partnership or corporation of any provision of this chapter shall
be deemed a misdemeanor punishable by a fine not to exceed $1,000
or by imprisonment for a period not to exceed one year, or both.
B.
Any person who takes part in or
assists in any violation of this chapter shall also be subject to
the penalties provided herein.
C.
Each day that a violation of this
chapter is committed or permitted to exist shall constitute a separate
offense.
This chapter shall be effective upon filing with the Secretary
of State pursuant to the Municipal Home Rule Law.
