[HISTORY: Adopted by the Town Board of the Town of Glenville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Blasting — See Ch. 97.
Building construction and fire prevention —  See Ch. 101.
[Adopted 8-20-2003 by L.L. No. 5-2003 (Ch. 19A of the 1966 Code)]
[Added 4-5-2006 by L.L. No. 3-2006]
As used in this chapter, the following terms shall have the meanings indicated:
FIREWORKS
Any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation.
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.
Any person violating the prohibition contained in this chapter shall be subject to a fine of not more than $500 or imprisonment for a period of time not to exceed 90 days, or by both such fine and imprisonment, for each violation.
[Adopted 7-18-2007 by L.L. No. 5-2007]
The intent of this article is to establish a permitting procedure for the display of fireworks in the Town of Glenville in order to promote and protect the health, safety, comfort, convenience and general welfare of the people.
When used in this article, unless otherwise expressly stated, the following terms shall have the meanings indicated:
FIREWORKS
As defined in Penal Law § 270.00.
PERMIT AUTHORITY
The Town Clerk, acting with the advice of the Chief of Police and the appropriate Fire Chief of the Fire District within which the proposed fireworks display is located.
TOWN
The Town of Glenville, outside of the Village of Scotia.
A. 
Any person wishing to process, use, explode or cause to explode any fireworks pursuant to Article 405 of the New York State Penal Law within the Town must make an application for such a permit, setting forth the following:
(1) 
The name of the individual, group or organization sponsoring the display and the name of the persons actually to be in charge of the firing of the display, including name, address and telephone number of the supplier of the fireworks.
(2) 
The date and time of day in which the display is to be held, with a proposed rain/wind date and time in the event the display is postponed.
(3) 
The exact location planned for the display, with a diagram showing the exact point as which the fireworks are to be discharged, the locations of all nearby buildings, highways, trees, telephone poles and lines and the lines behind which the audience is to be restrained.
(4) 
Confirmation that the person in charge of the firing of the display actually possesses a valid certificate of competence as a pyrotechnician as required under the General Business Law and Article 16 of the Labor Law. The permit 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 each possess a valid certificate of competence as a pyrotechnician.
[Amended 8-18-2010 by L.L. No. 6-2010]
(5) 
The approximate number and kind of fireworks to be discharged as well as the manner and place of storage of the fireworks prior to delivery to the outdoor fireworks display site.
(6) 
Such other information as the permit authority may deem necessary to protect persons or property.
B. 
All applications for permits for the display of fireworks shall be made at least 14 days in advance of the date of display. Any permit issued by the Town Clerk shall be deemed to be conditioned upon the strict conformance to the provisions of Penal Law § 405.00 and the rules promulgated by the New York State Commissioner of Labor pursuant to § 462 of the Labor Law, including but not limited to:
[Amended 8-18-2010 by L.L. No. 6-2010]
(1) 
The actual point at which the fireworks are to be fired shall be at least 200 feet from the nearest permanent building, public highway, railroad or other means of travel and at least 50 feet from the nearest aboveground telephone or telegraph line, tree or other overhead obstruction.
(2) 
The audience of such display is restrained behind lines at least 150 feet from the point at which the fireworks are discharged, and that only persons in active charge of the display shall be allowed inside these lines.
(3) 
All fireworks that fire a projectile shall be so set up that the projectile will go into the air, as near as possible, in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such a manner that the falling residue from the deflagration will fall into such lake or body of water.
(4) 
Any fireworks that remain unfired after the display has been concluded shall be immediately disposed of in a safe way for the particular type of fireworks remaining.
(5) 
No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than 30 miles per hour.
(6) 
All of the persons in actual charge of firing the fireworks shall be over the age of 18 years, competent and physically fit for the task.
(7) 
There should be at least two such operators constantly on duty during the discharge, and at least two approved-type fire extinguishers of at least 2 1/2 gallons' capacity each shall be kept as widely separated as possible within the actual area of the display.
(8) 
No permit granted and issued hereunder shall be transferable. After such permit shall have been granted, the sale, possession, use and distribution of fireworks for such display will be lawful solely thereunder.
[Amended 8-18-2010 by L.L. No. 6-2010]
Before granting and issuing a permit for a display of fireworks as herein provided, the permit authority shall require a bond from the applicant, in the sum of at least $1,000,000, conditioned for the payment of all damages which may be caused to persons or property by reason of the fireworks display. Such bond shall run to the Town of Glenville and shall be for the use and benefit of any persons or owners of any property so injured or damaged by the fireworks display. The permit authority may accept, in lieu of such bond, an indemnity insurance policy with liability coverage in indemnity protection equivalent to the terms and conditions upon which such bond is predicated and for the purposes herein provided.
In any instance in which the permit authority is required to consider a permit under this chapter, an applicant shall submit an application in a form prescribed by the Town of Glenville. The application shall be submitted with a fee set by the Town Board of the Town of Glenville, accompanied by a site plan drawn to scale, adequately dimensioned, showing the location of the proposed fireworks display and the location of all trees, nearby buildings, highways and telephone poles and structures. The applicant shall provide such other information as the permit authority may require.
The Town of Glenville may maintain an action or proceeding in a court of common jurisdiction to compel compliance with or to restrain the violation of any provision of this chapter.