For the sale of fireworks within the Village of Babylon, written application must be filed with the Village Clerk. Such application shall contain an agreement on the part of the applicant whereby, in consideration of the granting by the Board of Trustees a license for the sale of fireworks, said applicant agrees to comply with this chapter and to keep the Village harmless from any liability arising from such sale or exposal of fireworks for sale. Such application shall not be made later than May 1 in each year.
[HISTORY: Adopted by the Board of Trustees of the Village of Babylon as Ch. XIV, Art. V, of the 1938 Code of Ordinances (Ch. 133 of the 1981 Code). Amendments noted where applicable.]
Upon the written objection of an owner of property adjacent to the building in which it is desired to sell fireworks, the Board may refuse to issue a license.
Such application shall contain the name of the applicant, the locality of the premises where fireworks are to be sold, kept or stored and the nature of the business in which the applicant is engaged on such premises.
Such application shall be referred by the Village Clerk to the Building Inspector, who shall inspect or cause to be inspected the premises named in the application. The Building Inspector shall thereafter furnish to the Board of Trustees, in writing, the information derived from such investigation, accompanied by such recommendations as he believes necessary for the protection and safety of the public.
A license for the sale and storage of fireworks as provided herein will be issued after approval only between the second day of January and the first day of May in the year said fireworks are to be sold.
No person receiving such a license shall receive any fireworks from any source at or upon the premises described in the license before the 20th of June preceding the fourth day of July of each year, and no such person shall offer for sale or display any fireworks before the 26th day of June or after July 4 in each year, and in the event that July 4 occurs on Sunday, on the following day. All fireworks must be removed from the premises not later than July 8 in each year.
All fireworks must be placed and kept within a building not adjacent to the point where tobacco and matches are kept and sold on any premises.
Two signs are to be posted and kept at all times while the license is in force as near the fireworks as possible and in a most conspicuous location: one sign to read "fireworks," and the other to read "no smoking." These words are to be legibly printed in red letters not less than eight inches high.
Two twelve-quart pails shall be displayed and ready for use at all times as near the fireworks as possible; one pail shall be filled with clean water and the other with clean sifted sand.
No blank cartridges or blank cartridge pistols may be kept, sold or displayed on the premises.
No flammable liquid may be kept, stored or sold on the premises during the storage and display of fireworks.
No license shall be issued to any person who is not in an established business in the Village of Babylon for at least six months prior to making application therefor.
No license shall be issued for any building that is not a permanent structure at the time of filing the application. Portable buildings will not be deemed permanent structures.
The license issued by the Village Clerk and a copy of this chapter shall be posted on the premises, in a conspicuous location, near the fireworks at all times during the life of the license.
The premises shall be kept free of all dirt, paper, excelsior and other rubbish.
No fireworks shall be kept, stored or sold, except those which are approved for transportation by the regulation of the Board of Fire Underwriters or Bureau of Fire Prevention.
No person shall smoke or carry a lighted cigar, cigarette, pipe or match at or near the place where fireworks are kept, stored or displayed for sale.
An approved chemical fire extinguisher of either one quart carbon tetrachloride or 2 1/2 gallons' soda and/or foam capacity, readily available and equipped for emergency purposes, shall always remain at or near the place where fireworks are kept or displayed for sale.
No stove or exposed flame, lights or devices for heating or lighting shall be used in any part of the room where fireworks are kept, stored or offered for sale.
Premises shall be lighted only by electric lights.
No fireworks shall be kept, stored or sold where paints, oils or varnishes are kept for use or sale unless paints, oils and varnishes are in original unbroken containers, nor shall fireworks be kept where rosin, turpentine, gasoline or other flammable substances are used, stored or kept for sale.
No minors under 18 years of age shall be allowed to handle or sell fireworks at a display where a license has been issued by the Village Clerk.
Any license so issued may be suspended forthwith and/or revoked if the premises are not maintained in accordance with these provisions or if this chapter is violated.
[Amended 2-28-1961]
Upon the revocation of a license, all fireworks shall be immediately removed from the premises. The Inspector of Buildings or the Precinct Commander of the Suffolk County Police Department may remove or have removed at the owner's expense all stock of fireworks or other combustibles exposed for sale or held in stock in violation of this chapter.
Licenses for the sale and storage of fireworks shall be null and void after July 5 of each year.
[Added 11-30-1981 by L.L. No. 22-1981]
A.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.