This chapter is designed to promote the health, safety and general
welfare of the people of the Town of Colonie by establishing a permitting
procedure designed to regulate the issuance of permits for fireworks
displays, pursuant to the authority granted by Article 405 of the
Penal Law of the State of New York, and subject to all conditions
and provisions in said Article 405, as the same may be amended from
time to time, and by prohibiting the use of indoor pyrotechnics.
As used in this chapter, the following terms shall have the
meanings indicated.
AUTHORIZED ASSISTANT
An individual who has been authorized by the certified operator
to work on a fireworks display after such operator has confirmed that
the individual is either a certified pyrotechnician, or otherwise
meets the following qualifications:
A.
Is at least 18 years old;
B.
Has been trained in the performance of the tasks to be assigned;
and
C.
Has been educated with regard to safety hazards.
BUILDING
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals, or property.
CERTIFIED PYROTECHNICIAN
An individual who holds a valid certificate of competence
as a pyrotechnician issued by the Commissioner of Labor of the State
of New York.
FIREWORKS
This term shall have the same definition as described in
New York State Penal Law § 270.00.
FIREWORKS DISPLAY
An outdoor presentation of fireworks for public or private
gatherings.
HIGHWAY
Any public street, road, highway or alley, or any private
road or street.
OPERATOR
The individual who has overall responsibility for the operation
and safety of a fireworks display.
PERMIT
The written authorization of the Permit Authority granted
to any municipality, fair association, amusement park, person or organization
of individuals to conduct a fireworks display.
PYROTECHNICIAN
An individual who performs any tasks on a fireworks display,
including setting up the equipment, fireworks, or pyrotechnics, loading
mortars (loader), spotting bursting locations (spotter), tending a
ready box (ready box tender), igniting the fireworks (shooter), striking
the equipment, or cleaning the site.
PYROTECHNICS
Controlled exothermic chemical reactions that are timed to
create the effects of heat, gas, sound, dispersion of aerosols, emission
of visible electromagnetic radiation, or a combination of these effects
to provide the maximum effect from the least volume.
SPONSOR
The person who exercises general control over the arrangements
for the fireworks display. The sponsor and the certified operator
may sometimes be the same person.
The Permit Authority is authorized to grant and issue a permit
for the display of fireworks and to take all such actions as are necessary
for the proper execution of its authority. The enforcement of the
provisions provided herein shall be by the Permit Authority, the Town
of Colonie Police Department, and any other persons as may be from
time to time authorized by the Town Board of the Town of Colonie.
Fireworks displays shall be conducted by a certified operator
who may be aided by authorized assistants. Every fireworks display
shall be conducted in compliance with New York State Rules and Regulations,
as promulgated by the Department of Labor or any functionally equivalent
successor agency, and with the terms of any permit granted hereunder.
No person shall use, ignite or detonate pyrotechnics in a building,
or part or parts thereof.
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.
This chapter shall become effective upon its proper filing in
the Office of the Secretary of State.