As used in this chapter, the following terms shall have the meanings
indicated:
FIREWORKS
Includes 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. 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.
The Town Board of the Town of Cortlandt 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 Cortlandt 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 proof of financial
responsibility to satisfy claims for damages to property or personal injuries
arising out of any act or omission on the part of such person, firm or corporation
or any agent or employee thereof in such amount, character and form as the
Town of Cortlandt determines to be necessary for the protection of the public.
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 Director of Code Enforcement or any other peace officer 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, copartnership or corporation violating the provisions
of this chapter shall, upon conviction thereof, be punished by a fine not
to exceed two hundred fifty dollars ($250.) or up to fifteen (15) days in
jail or by a civil penalty not to exceed three thousand dollars ($3,000.).
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.