[HISTORY: Adopted by the Town Board of the
Town of Glenville as indicated in article histories. Amendments noted
where applicable.]
[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:
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.
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.
The indoor use of any pyrotechnic material,
including fireworks, is prohibited in the Town of Glenville.
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:
As defined in Penal Law § 270.00.
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.
The Town of Glenville, outside of the Village of Scotia.
A.
Fireworks displays shall be permitted in the Town
only by commercial fireworks companies that have received a permit
issued by the Town Clerk of the Town of Glenville.
B.
The display site for all fireworks shall conform to
NFPA 1123.
C.
The fee for a fireworks display permit application
is fixed in the sum of $100. The Town Board may amend this fee from
time to time by resolution.
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.
Violations of this chapter shall be classified
as a misdemeanor and shall be punishable as provided by the Penal
Law of the State of New York.
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.
