[HISTORY: Adopted by the Board of Trustees of the Village
of Briarcliff Manor 10-25-2022 by L.L. No. 10-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law repealed former Ch. 126, Fireworks,
adopted 10-10-2019 by L.L. No. 5-2019, as amended.
A.
Pursuant to New York State Penal Law, § 405.00, it is now
legal for private individuals, as well as organizations and municipalities,
to employ the services of professional pyrotechnics for fireworks
displays. The Village Board of the Village of Briarcliff Manor hereby
finds that such activities are extremely dangerous, as they incorporate
the use of highly explosive materials and other devices which pose
a threat to the health and safety of the Village of Briarcliff Manor
and its residents. The Board therefore finds it necessary to enact
a chapter benefiting the health, safety and general welfare of the
Village of Briarcliff Manor and its residents with respect to the
storage and use of fireworks within the Village's jurisdiction.
B.
This chapter shall augment, and in no way conflict with or supersede,
§ 405.00 and § 270.00 of the New York State Penal
Law and, where applicable, shall regulate those areas specifically
prescribed to the authority of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
For purposes of this chapter, the individual(s) employed
by a state-certified pyrotechnic operator (as defined below) and who
is at least 18 years of age and trained in the proper handling and
discharge of fireworks.
As defined in § 270 of the New York State Penal
Law, any fireworks that are aerial in performance and are commonly
referred to as sky rockets, bottle rockets, missile type rockets,
helicopters, aerial spinners, roman candles, mines, shell devices,
aerial shell kits, reloadables and audible ground devices which are
commonly referred to as firecrackers and chasers, as well as metal
wire handheld sparklers, and any other device that does not exceed
the limits of consumer fireworks contained in the American Pyrotechnic
Association (APA) Standard 87-1.
As defined in § 270 of the New York State Penal
Law, any display fireworks, articles pyrotechnic, special effects,
or any other commercial fireworks that exceed the limits of consumer
fireworks contained in the American Pyrotechnic Association (APA)
Standard 87-1.
Defined herein in accordance with § 270 of the
New York State Penal Law as any blank cartridge, blank cartridge pistol,
or toy cannon in which explosives are used, firecrackers, sparklers
or other combustible or explosive of like construction, or any preparation
containing any explosive or inflammable compound 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 combination of
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.
A pyrotechnic or pyrotechnic company certified by the State
of New York, pursuant to Article 28-D of the New York State General
Business Law and Article 16 of the New York State Labor Law, in the
handling, storage and discharge of fireworks.
For purposes of this chapter, a permit issued by the permitting
authority for the public display and discharge of fireworks in accordance
with the requirements set forth by this chapter and as provided for
in the application materials provided by the Village of Briarcliff
Manor.
For purposes of this chapter, the Village of Briarcliff Manor
Village Clerk, who shall review applications for fireworks displays
and, in consultation with the Village of Briarcliff Manor Police Department
and the appropriate district fire department, issue or deny permits
in connection therewith.
For purposes of this chapter, any person, company, municipality,
fair association, or other legal entity applying for a permit for
the discharge and display of fireworks.
A.
No person or other legal entity shall conduct an indoor firework
display in the Village of Briarcliff Manor.
B.
No public fireworks display shall be conducted in the Village of
Briarcliff Manor on a lot containing a two-family or multiunit dwelling
as its principal use.
C.
No storage of fireworks, or public or private fireworks display,
shall be conducted in the Village of Briarcliff Manor unless a valid
permit for such storage and/or display is first issued by the permitting
authority.
D.
A permit issued pursuant to this chapter shall not be transferable
to any other party. Attempt to transfer such permit shall result in
revocation of the permit.
E.
A permit may be issued for a display to be held: i) on any night
during the months of July and August; and ii) only on a Friday or
Saturday night, or a night preceding a federal holiday, during any
other month of the year.
F.
No display shall last for more than 30 minutes.
G.
No display shall continue past 10:00 p.m.
H.
No fireworks display shall: i) include "titanium salutes" or any
device whose designed purpose or effect is to create a very loud concussive
effect, or ii) employ fireworks containing any substance to amplify
the emitted noise any more than is minimally required to achieve the
desired colorful effect.
I.
Nothing herein shall limit the duration date, or noise restrictions
for any display held by the Village of Briarcliff Manor for Community
Day, or any other event held by the Village of Briarcliff Manor and
authorized by a resolution of the Board of Trustees.
A.
Information required; filing deadline; fee.
(1)
The application for a permit pursuant to this chapter shall contain
at least the following information, and supporting documents, on a
form provided by the Village:
(a)
The name of the sponsor;
(b)
The name of the state-certified operator hired to conduct the
display;
(c)
All assistants who will work with/for the operator in executing
the fireworks display for which the permit is sought;
(d)
A verified statement from the sponsor identifying the operator,
accompanied by copies of all certificates demonstrating competence
as a state-certified operator; such certificates shall include:
[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 license to deal in or manufacture explosives;
and
[4]
Copies of the licenses of the individual assistants who will
assist the operator in execution of the fireworks display;
(e)
The date and time on which the display is to be made;
(f)
The number and kind of fireworks;
(g)
The manner and place of storage of the fireworks under the display
date;
(h)
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;
(i)
Such other information as the permitting authority or Village
of Briarcliff Manor Police Department prescribes as necessary for
the evaluation and determination of a fireworks permit application.
(2)
Such application shall be filed with the permitting authority no
less than 30 calendar days before the date on which the proposed fireworks
display is to take place. Such application shall be accompanied by
a nonrefundable fee as set forth in the Village of Briarcliff Manor
fee schedule on file in the Village Clerk's office.
B.
Bond or insurance.
(1)
Before granting and issuing a permit for the display of fireworks
as herein provided, the permitting authority shall require an adequate
bond from the sponsor, unless it is a state park, or a city, town,
or village, which shall not be less than $1,000,000, conditioned for
the payment of all damages which may be caused to a person or to the
property of a person or legal entity by reason of the display permitted
and arising from any acts or omissions of the sponsor, operator, or
any agent, employee, contractor, or subcontractor thereof. A certificate
evidencing the purchase of the bond shall be provided to the Village
prior to the date of any proposed fireworks display.
(2)
The Village 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 would be predicated
and for the purposes provided in this section. Such indemnity insurance
policy shall name the Village of Briarcliff Manor, and its agents,
officers, directors and employees, as an additional insured. A certificate
evidencing the purchase of the policy shall be submitted to the Village
prior to the date of any proposed fireworks display.
C.
Upon receipt of an application for a fireworks permit, the permitting
authority shall review the application contents, consult with the
Village of Briarcliff Manor Police Department and determine whether
such application is in conformity with the requirements of this chapter.
The permitting authority shall not unreasonably withhold granting
of a permit.
D.
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.
E.
The nonrefundable fee for submission of a fireworks display permit
application shall be as set forth in the Village fee schedule.
The sponsor and operator shall establish the minimum safe viewing
distance from which viewers of the fireworks display can observe the
proposed display without risk of harm or injury, which minimum distance
shall be approved by the permitting authority, in consultation with
the Village of Briarcliff Manor Police Department. A perimeter shall
be established for this purpose, which only authorized members of
the permitting authority and operator may cross before and during
execution of the fireworks display.
No earlier than 21 days and no later than 14 days prior to the
scheduled date of the fireworks display, the sponsor shall be required
to notify all property owners who, in the sole judgment of the Village
Clerk, may be impacted or inconvenienced by the display, including
but not limited to all owners of property adjacent to, directly across
from, or within a specified range of miles from the property being
utilized for the fireworks display. Such notice, in a form and manner
prescribed by the Village Clerk, shall include the sponsor's
name and contact information, expected starting date and time, any
alternative event dates to be used in case of inclement weather or
other reason for rescheduling, and the planned duration of the event.
The sponsor shall provide proof or affirmation of such notice to the
Village Clerk no later than seven days prior to such event.
A.
If the sponsor is unable to meet the application deadlines required under § 126-4, the sponsor may, by paying the nonrefundable fee for expedited processing as determined by a resolution of the Board of Trustees and published in the Master Fee Schedule, apply for expedited processing of the application. Such fees for expedited processing shall be paid in addition to all other fees that are required under § 126-4.
B.
No later than three days prior to the scheduled date of the fireworks display, the sponsor shall be required to notify all property owners who would be required to receive notifications under § 126-6 with the same information that would otherwise be required for a nonexpedited permit. The sponsor shall provide proof or affirmation to the Village Clerk of timely personal delivery to each required residence no later than two days prior to such event. Any residence listed on the Briarcliff Manor Police Department "Dark House" watch list for the period between notification and scheduled date shall be excluded from such notification. Each notification shall be hand-delivered to each property owner, or otherwise delivered by overnight mail, both with proof of delivery acceptable to the Village Clerk.
C.
No such application for expedited processing shall be accepted within
three days of the proposed event.
A.
If the permitting authority discovers that the sponsor has provided
intentionally misleading or false information in the application materials,
or that the sponsor or operator has otherwise violated any provision
of this chapter, he/she may deny or revoke the permit prior to the
date of the proposed fireworks display.
B.
The Village Manager, the Building Inspector, or a Fire Chief may
suspend and reschedule any fireworks display due to a dangerous weather
condition, or the declaration of a Red Flag Warning by any office
of the National Weather Service.
A.
All fireworks that fire as a projectile shall be set up such that they fire in as vertical a direction as possible in order to avoid the possibility that debris will travel outside the perimeter established pursuant to § 126-5, above.
B.
All debris resulting from the fireworks display shall be promptly
collected and properly disposed of by the operator in the manner prescribed
by state law.
C.
There shall be at least two individuals constantly on duty during
the discharge of the fireworks display, at least one of whom shall
be a state-certified operator. Furthermore, there shall be two approved
type fire extinguishers kept within the actual display area, which
must be as widely separated as possible.
D.
The Village reserves the right to have a representative of the permitting
authority, the Village of Briarcliff Manor Police Department, the
Village of Briarcliff Manor Fire Department, or any other appropriate
representatives attend any fireworks display for which a permit is
issued. The sponsor shall provide to such Village personnel proper
restroom facilities and water, and meals and other such support for
services shall be provided to any such Village personnel present in
excess of four consecutive hours.
E.
The sponsor and operator shall have all permits available and ready
for inspection on site before and during the execution of the fireworks
display.
F.
No smoking shall be permitted within 200 feet of any area where fireworks
or other related materials are being temporarily stored.
A.
Any person, legal entity, sponsor, or operator committing an offense
against this chapter shall remain responsible for the payment to the
Village of the maximum application fees that would have been assessed
had a permit been lawfully granted and shall be subject to the penalties
of Article 270 of the New York State Penal Law, and § 405.05
of the New York State Penal Law concerning seizure of fireworks.
B.
Notwithstanding any conviction(s) for violation of state law, violation
of this chapter shall constitute a violation of the Code of the Village
of Briarcliff Manor, subject to a civil penalty of: i) $250 for any
violation related to consumer fireworks; and ii) $5,000 and revocation
of any and all permits issued pursuant to this chapter for any violation
related to display fireworks. Any such conviction will also be considered
in determining whether future permits under this chapter should be
issued to the same sponsor and/or operator.
C.
The Building Inspector, any Chief of the Village of Briarcliff Manor
Fire Department, and any other person or agency authorized under state
or local law, shall have the authority to enforce the provisions of
this chapter and issue citations for civil penalties for failure to
comply with the provisions of this chapter.
In the event any section, subsection, paragraph, or clause of
this chapter is declared invalid by a court of competent jurisdiction,
such finding shall have no effect on the remaining provisions of this
chapter or their enforceability.
In the event any section, subsection, paragraph, or clause of
this chapter is in conflict with § 270 or § 405
of the state Penal Law, the provisions of the Penal Law are deemed
to be incorporated herein and will control.
