[HISTORY: Adopted by the Town Board of the Town of Pawling 9-14-2004 by L.L. No. 2-2004. Amendments noted where applicable.]
Explosives and blasting — See Ch. 98.
The Town Board of the Town of Pawling finds that it is necessary to create safeguards to protect human health, safety and welfare, as well as property, by establishing reasonable regulations governing the possession and use of fireworks and to ensure that the possession and use of fireworks do not result in physical injury or property damage.
When used in this chapter, unless otherwise expressly stated, the following terms shall have the meanings indicated:
- A. Any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation. It shall also include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used. It shall also include unmanned balloons which require fire underneath to be propelled. Firecrackers, torpedoes, skyrockets, roman candles, Dayglo bombs, sparklers or other fireworks of like construction shall also be included. Fireworks containing an explosive or flammable compound, tablets or other devices containing an explosive substance are included.
- B. The term "fireworks" shall not include model rockets and model rocket engines designed, sold and used for the purpose of propelling recoverable aircraft models. Further, it shall not include toy pistols, toy canes, toy guns or other devices in which paper and/or plastic caps are used which are manufactured in accordance with the United States Department of Transportation regulations. Each package containing toy paper and/or plastic caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap. Nor shall the provisions of this definition be deemed to include flares of the type used by railroads or any warning lights commonly known as "red flares" or marine distress signals of the type used by the United States Coast Guard, bank security devices which contain not more than 50 grams of any compound or substance or any combination thereof, together with an igniter not exceeding 0.2 gram, capable of producing a lacrimatory and/or visible or audible effects, where such device is stored or used only by banks, national bank associations, trust companies, savings banks, savings and loan associations, industrial banks or credit unions or by any manufacturer, wholesaler, dealer, jobber or common carrier of such devices and where the total storage on any one premises does not exceed 100 devices.
The sale, offering for sale or furnishing of any fireworks within the Town of Pawling is hereby prohibited.
Possession of fireworks valued at $50 or more shall lead to a presumption that such fireworks were intended to be offered or exposed for sale.
Except as provided by this chapter, no person, firm, partnership or corporation shall maintain, offer for sale or use or explode any fireworks in the Town of Pawling, New York. A permit to maintain, sell or explode fireworks may be granted upon application to the Fire Marshal of the Town of Pawling. Every display shall be handled by a competent operator licensed or certified as to competency by the Town of Pawling. A permit shall not be transferable.
Pursuant to § 405.00 of the Penal Law of the State of New York, the Town Board of the Town of Pawling designates as the permit authority the Town Fire Marshal, and such Fire Marshal may, after receipt of all appropriate reports and recommendations from any appropriate law enforcement personnel and the Chief of the local Fire Department, issue the appropriate permit either unconditionally or with conditions for the health, safety and welfare of the citizens of the Town of Pawling attached thereto.
The Town Board of the Town of Pawling shall require a bond from the licensee, in a sum as set by resolution of the Town Board from time to time, conditioned on compliance with the provisions of this chapter and the regulations of the Town of Pawling adopted hereunder, provided that no municipality shall be required to file such bond.
Before a permit for a pyrotechnic display shall be issued, the person, firm or corporation making the application shall furnish a bond with liability coverage of $500,000, for the express purpose of indemnifying the Town for all damages which may be caused to a person or to property by reason of the public fireworks display. Such bond shall run to the Town and shall be for the use and benefit of any persons or owners of any property so injured or damaged by the public fireworks display. Such bond shall run to the Town and shall be for the use and benefit of any persons or owners of any property so injured or damaged by the public fireworks display. The Town may accept, in lieu of such bond, an indemnity insurance policy with liability covered in indemnity protection equivalent to the terms and conditions upon which such bond is predicated and for the purposes provided herein, in which the Town of Pawling is named as a co-insured.
No permit shall be issued under the provisions of this chapter to a person, firm or corporation that is not a resident of the State of New York for conduct of a pyrotechnic display until such person, firm or corporation shall have appointed, in writing, a member of the bar of New York State and residing therein to be his or its attorney upon whom all process in any action or proceeding against him or it may be served.
Nothing in this chapter shall be construed to prohibit any resident wholesaler, dealer or jobber to sell at wholesale such fireworks as are not herein prohibited or the sale of any kind of fireworks, provided that the same are to be shipped directly out of state in accordance with regulations of the United States Department of Transportation covering the transportation of explosives and other dangerous articles by motor, rail and water, or the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or the sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletics or sports or for use by military organizations or the use of fireworks for agricultural purposes under conditions approved by the local authority.
The Fire Marshal shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this chapter.
Any person, firm, partnership or corporation violating the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $350 or up to 15 days in jail per occurrence. Each day's violation of any aspect of this chapter shall constitute a separate offense.
The provisions of this chapter are covered by Penal Law § 405.00 et seq., and, in the event of any inconsistent provisions between this chapter and Penal Law § 405.00, the provisions of § 405.00 are deemed to be incorporated herein and will control.
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 of Pawling must make an application for such permit. Application for a permit to operate a display of fireworks in conformance with the terms of this chapter shall be made, in writing, on forms provided by the office of the Fire Marshal of the Town of Pawling and submitted with a fee as set by resolution of the Town Board from time to time.
Such application shall set forth:
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 and all parties authorized to participate, including name, address and telephone number of the supplier of the fireworks.
Evidence of financial responsibility.
The date and times of day at which the displays are to be held and alternate date and time in case of inclement weather.
The exact location planned for the display.
Confirmation of the license of the operator and the number of assistants that are to be present.
A description setting forth the age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks.
The number and kinds of fireworks to be discharged.
The manner and place of storage of such fireworks prior to and after the display within the jurisdictional boundaries of the Town of Pawling.
How and when such fireworks are to be transported to the site.
A diagram of the grounds on which the 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 and vehicles.
Such other information as the permit authority may deem necessary to protect persons or property.
Upon receipt of such application, at least 60 days in advance of the date set for this display, the Fire Marshal and the Chief of the Fire Department in whose district the display will be held shall make or cause to be made an investigation of the site of the proposed display for the purpose of determining whether the provisions of these regulations are complied with in the case of the particular display. They shall confer with the Chief of Police (if any) about the application and whether the issuance of a permit would be consistent with public safety. Being satisfied that the display is properly lawful, the Fire Marshal shall endorse the application, stating that he approves the display as being in conformance with all parts of the law and with these regulations.
Following review by the Fire Marshal and upon receipt of evidence of financial responsibility, including a bond from the licensee in a sum as set by resolution of the Town Board from time to time, the Fire Marshal may then issue a nontransferable permit, either unconditionally or with appropriate conditions attached thereto, to authorize the display.
No permit shall be granted for any display of fireworks where the discharge, failure to fire, faulty firing or fallout of any fireworks or other objects would endanger persons, buildings, structures, forests or brush, or in any case where the point at which the fireworks are to be fired is less than 200 feet from the nearest permanent building, public highway, railroad and other means of travel or 50 feet from the nearest aboveground telephone or telegraph line, tree or other overhead obstruction. In no case shall a display be fired within 500 feet of a school, theater, church, hospital or similar institution.
Spectators at a display of fireworks shall be restrained behind lines as designated by local authorities, but in no case less than 500 feet from the point at which the fireworks are to be discharged. Only authorized persons assigned by the Fire Marshal and those in actual charge of the display shall be allowed inside these lines or barriers during the unloading, preparation or firing of fireworks.
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, provided that, where such fireworks are to be fired beside a lake or other large body of water, they may be directed in such a manner that the falling residue from the deflagration will fall into said body of water.
Any fireworks that remain unfired after the display is concluded shall be immediately disposed of or removed in a manner safe for the particular type of fireworks. The debris from the discharged fireworks shall be properly disposed of by the operator before he leaves the premises. The operator, upon the conclusion of the display, shall make a complete and thorough search for any unfired fireworks or pieces which have failed to fire or function and shall dispose of them in a safe manner. Such search shall be instituted at the earliest possible time following the conclusion of the display, but in no event later than the first period of daylight which follows.
No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than 20 miles per hour.
Notwithstanding any other provision of law, all fireworks articles and items at places of display shall be stored in a manner and in a place secure from fire, accidental discharge and theft and in a manner approved by the Fire Marshal.
The person in actual charge of the firing of the fireworks in a display shall be able-bodied, at least 21 years of age, competent for the task and so certified by the New York State Department of Labor, Division of Safety and Health, License and Certificate Unit. Such operator shall have his certificate of competency in his possession when engaged in conducting a display and shall exhibit the same on the request of any authorized person. Each person assisting the certified operator shall be able-bodied, at least 21 years of age and capable of reading, writing, speaking and understanding the English language.
There shall be at all times no fewer than two operators of the display constantly on duty during, prior to and after the discharge, at least one of whom shall be a certified licensed pyrotechnist.
Fire protection and fire extinguishing equipment shall be provided by the permit holder as required by the Chief of the Fire Department having geographic jurisdiction.
The person to whom a permit has been issued shall arrange for the detailing of one member of the local Fire Department or such larger number as may be deemed necessary by the Chief of the Fire Department. Fire Department personnel shall be on duty from the time the fireworks are delivered at the site until the termination of the display and the removal of all fireworks and debris from the site. The expense of such firemen shall be paid by the permittee.
All disputes arising as a result of the administration of these rules and regulations shall be referred to the Supervisor of the Town of Pawling for adjudication.
The Town of Pawling reserves the right to render all permits null and void upon any violation of these rules and regulations.