[HISTORY: Adopted by the Town Board of the Town of New Windsor 7-6-1955
(Ch. 22 of the 1972 Code); amended in its entirety at time of adoption of
Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted
where applicable.]
A.
This chapter is designed to promote the health, safety
and general welfare of the people of the Town of New Windsor by imposing regulations
to help ensure the safe conduct of outdoor fireworks displays within the Town
of New Windsor.
B.
This chapter is enacted pursuant to the authority granted
by Article 405 of the Penal Law of the State of New York and subject to all
the conditions and provisions contained in said Article 405, as the same my
be amended from time to time.
As used in this chapter, the following terms shall have the meaning
indicated.
A person who works under the direction of the operator to put on
a public fireworks display.
A municipality, fair association, amusement park or organization
of individuals.
The same definition as provided in New York State Penal Law § 270.00
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 discharge of a public fireworks display.
The written authorization of the permit authority granted to any
body to conduct a public fireworks display.
Town Supervisor.
An outdoor display of fireworks performed as entertainment.
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.
The permit authority 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 provisions provided
herein shall be by the permit authority, the Town of New Windsor Police Department
and any other persons as may be from time to time authorized by the Town Board
of the Town of New Windsor.
A.
No person shall conduct a private fireworks display in
the Town of New Windsor, except as otherwise permitted by the New York State
Penal Law.
B.
No public fireworks display may be conducted in the Town
of New Windsor unless a valid permit for such a display has been issued by
the permit authority.
C.
Application for such a permit shall be made to the permit
authority on the form provided by it at least 10 days in advance of the date
of the fireworks display. The application shall set forth the following information:
(1)
The name of the person promoting the fireworks display
and the name of the person actually to be in charge of the firing of the display.
(2)
The date and time of day at which the fireworks display
is to be held.
(3)
The exact location planned for the display.
(4)
The age, experience and physical characteristics of the
operators (a minimum of two shall be required).
(5)
The number and kind of fireworks to be discharged.
(6)
The manner and place of storage of such fireworks prior
to display.
(7)
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.
(8)
Such other information as the permit authority may deem
necessary to protect persons or property.
D.
The application shall be signed by the sponsor and the
operator.
E.
Upon receipt of an application for a permit, the permit
authority 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.
F.
No permit granted hereunder shall be transferable, and
any such permit shall apply only to the fireworks display for which it is
granted.
A.
Firing distances; mortar pieces.
(1)
The actual point at which the fireworks are to be fired
shall be at least 50 feet from the nearest aboveground telephone or telegraph
line, tree or other overhead obstruction, and such point shall also be no
nearer to the audience or any permanent building, highway or railroad or other
means of travel than the distance provided in the following table:
|
Shell Size
|
Minimum Radius Distance
(feet)
| ||
|---|---|---|---|
|
Inches
|
Millimeters
| ||
|
3 or less
|
76 or less
|
280
| |
|
4
|
102
|
560
| |
|
5
|
127
|
700
| |
|
6
|
152
|
840
| |
|
7
|
178
|
980
| |
|
8
|
203
|
1120
| |
|
10
|
254
|
1400
| |
|
12
|
305
|
1680
| |
(2)
No mortar piece exceeding 12 inches in diameter shall
be used or discharged. Distances from bulk storage areas of materials that
have a flammability, explosive or toxic hazard shall be twice that required
by the above table.
B.
The audience at any fireworks display shall be restrained behind lines at such distances from the point at which the fireworks are discharged as are provided in the table contained in Subsection A above. The sponsor shall be responsible for controlling the audience.
C.
Only persons actively involved in the fireworks display shall be allowed inside the minimum radius distance line contained in Subsection A above.
D.
All fireworks that fire a projectile shall be so set
up that the projectile will go into the air as nearly as possible in a vertical
direction.
E.
Any fireworks that remain unfired after the display in
concluded must be immediately disposed of in a way safe for the particular
type of fireworks remaining and consistent with all applicable federal and
state laws, rules and regulations.
F.
All debris resulting from the fireworks display shall
be properly disposed of by the operator before leaving the discharge site.
The operator shall remain at the discharge site for a least one hour after
the completion of the display to ensure that the site is secure and clean.
G.
No fireworks shall be left unattended at any time prior
to, during or after the fireworks display. No fireworks shall be stored at
the site of the display more than eight hours before actual discharge, but
a longer period may be granted at the discretion of the permit authority.
As soon as the fireworks have been delivered to the display site, they shall
not be left unattended nor shall they be allowed to become wet.
H.
No fireworks display shall be held during any windstorm
in which the wind reaches a velocity of more than 30 miles per hour, as determined
by measurements taken at Stewart International Airport or its successor name(s).
I.
All operators and assistants shall be over the age of
18 years, competent and physically fit for the task. A copy of a valid driver's
license or other valid picture identification acceptable to the permit authority
must be provided for all operators and assistants.
J.
There shall be at least two operators or assistants constantly
on duty during the discharge, and at least two soda-acid or other approved-type
fire extinguishers of at least 2 1/2 gallons' capacity each shall be kept
at as widely separate points as possible within the actual area of display.
K.
Any applicant for a permit to conduct a fireworks display
shall send a copy of the application to the Chief of Police of the Town of
New Windsor, the Code Enforcement Officer and the Chief of the local Fire
Department that provides service to the display area. The Chief of Police,
Code Enforcement Officer and Chief of the local Fire Department shall be notified
of the display location, date and time if a permit is issued, and the Fire
Department's attendance at the display shall be requested.
L.
Any body issued a permit hereunder shall at a minimum
comply with these regulations and New York State Penal Law Article 405 and
should comply with the standards and guidelines contained in National Fire
Protection Association (NFPA) Standard 1123 regarding outdoor display of fireworks.
M.
The operator shall have any permit issued available for
examination by the permit authority or the Town of New Windsor Police Department
at the time of the display.
N.
No smoking shall be permitted within 50 feet of any area
where fireworks or other associated materials are kept or stored.
O.
No permit shall allow the use of fireworks beyond 10:30
p.m.
A.
No permit shall be issued until an adequate bond in a
sum to be fixed by the permit authority, but in no case less than $1,000,000,
is provided by the applicant. The 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 fireworks display so permitted and arising from any acts of
the sponsor, operator, or his agents, employees, assistants, contractors,
or subcontractors. Such bond shall run to the Town of New Windsor and shall
be for the use and benefit of any such person or persons or any such owner
or owners of any property so injured or damaged. Any such person or persons
or such owner or owners are hereby authorized to maintain an action on such
bond, which right of action shall also accrue to the heirs, executors, administrators,
successors or assigns or such persons or owners.
B.
The permit authority may accept, in lieu of such bond,
an indemnity insurance policy with liability coverage and indemnity protection
equivalent to or exceeding the terms and conditions upon which such bond is
predicated and for the same purposes provided. The indemnity insurance shall
list the Town of New Windsor as an additional insured and an original of which
shall be filed with the permit application.
The permit fee for a fireworks display shall be set in the Schedule
of Fees.[1]
A.
Any person or persons, associations or corporations 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.
B.
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 therefor.
C.
In addition to any fine or imprisonment for a conviction
of an offense against this chapter, each offense shall be subject to a penalty
of not less than $250 nor more than $1,000 or imprisonment not to exceed one
year, or both.
If any clause, sentence or provision of this chapter or the application
thereof to any person or circumstance shall be adjudged by a court of competent
jurisdiction to be invalid, the invalidity thereof shall not affect, impair
or invalidate the remainder of the provisions of this chapter or the application
thereof to other persons and circumstances.
