[Amended 9-14-1987]
The Village Clerk be and hereby is designated
as the permit authority for the purpose of granting and issuing permits
for the public display of fireworks within the Village of Larchmont,
with all the powers and duties prescribed in § 405.00 of
the Penal Law of the State of New York.
[Amended 9-14-1987]
Prior to the issuance of any permit for the
public display of fireworks, written application therefor shall be
filed with the permit authority in accordance with the provisions
of § 405.00 of the Penal Law, and any permit so issued shall
be in substantial compliance with the provisions of § 405.00
of the Penal Law.
[Amended 9-14-1987]
No such permit shall be issued without prior
approval noted thereon in writing by the Chief of the Fire Department,
and no such permit shall be transferable.
[Amended 9-14-1987]
Prior to granting and issuing such permit, the
permit authority shall require a surety bond, acceptable to the Village
Attorney, in the sum of $5,000, from the applicant or from the person
with whom a contract for such display shall be made, conditioned upon
the payment of all damages which may be caused to a person or persons
by reason of the display so permitted and arising from any acts of
the permittee, his agents, employees, contractors or subcontractors.
Such bond shall run to the Village of Larchmont and shall be for the
use and benefit of any person or persons or owner or owners of any
property so injured and damaged, and such person or persons or such
owner or owners shall have the right to maintain an action thereon
pursuant to § 405.00 of the Penal Law and, in addition,
shall require insurance coverage by the fireworks sponsor or fireworks
exhibitor at not less than $100,000, indemnifying and holding harmless
the Village of Larchmont from any and all claims for damages to person
or property arising out of or in connection with the fireworks exhibition,
including any damage or injury caused through the negligence of the
Village of Larchmont, its agents and employees or otherwise.
[Amended 3-21-2017]
Each applicant shall pay a fee to the Village
of Larchmont, such fee to be fixed by the Village Board from time
to time.