[HISTORY: Adopted by the Board of Trustees of the Village of Harrison 1-19-2000
by L.L. No. 1-2000. Amendments noted where applicable.]
The purpose of this chapter is to regulate, to the greatest extent permitted
under Penal Law § 405.00, the public display of fireworks so as
to prevent the start or spread of fires and explosions and to protect the
health, safety and public welfare of the citizens of Harrison. The term "fireworks,"
as used in this chapter, is defined and declared to be and to include any
blank cartridge, blank cartridge pistol or toy cannon in which explosives
are used; firecrackers, sparklers or other combustible or explosive of like
construction; or any preparation containing any explosive or inflammable compound
or any tablets or other device commonly used and sold as fireworks containing
nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic,
mercury, nitroglycerine or phosphorus or any compound containing any of the
same or other explosives 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; or other device containing
any explosive substance.
The Board of Trustees of the Village of Harrison may, upon application
in writing, grant a permit for the public display of fireworks by municipalities,
fair associations, amusement parks or organizations of individuals. No person
shall permit, sponsor or cause the public display of fireworks without a permit
granted by the Board of Trustees of the Village of Harrison. The Board of
Trustees of the Village of Harrison hereby authorizes and designates the Village
Clerk to issue such permits as have been granted by the Board of Trustees.
A.
The application for such permit shall be made jointly
by the owner of the property upon which the display is to occur, the body
sponsoring the display and the persons actually to be in charge of the firing
of the display, and shall set forth:
(1)
The names and addresses of the owner of the property
upon which the display is to occur, the body sponsoring the display and the
persons actually to be in charge of the firing of the display and emergency
contact numbers of each.
(2)
The date and time of day at which the display is to be
held.
(3)
The exact location planned for the display.
(4)
The age, experience and physical characteristics of the
persons who are to do the actual discharging of the fireworks.
(5)
The number and kind of fireworks to be discharged.
(6)
The manner and place of storage of such fireworks prior
to the display.
(7)
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.
(8)
Such other information as the Village Board may deem
necessary to protect persons or property.
B.
All applications for permits for the public display of
fireworks shall be made at least five days in advance of the scheduled meeting
of the Village Board of Trustees before the proposed date of the display.
C.
Each permit shall contain provisions that:
(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
or 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 at such display shall be restrained behind
lines at least 150 feet from the point at which the fireworks are discharged
and 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 nearby 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 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 is
concluded shall be immediately disposed of in a way safe for the particular
type of fireworks remaining;
(5)
No fireworks display shall be held during any wind storm
in which the wind reaches a velocity of more than 30 miles per hour;
(6)
All 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 shall be at least two such operators constantly
on duty during the discharge and that at least two sodaacid or other approved-type
fire extinguishers of at least 2 1/2 gallons' capacity each shall
be kept at as widely separated points as possible within the actual area of
the display.
D.
No permit granted and issued hereunder shall be transferable.
After such permit shall have been granted, sales, possession, use and distribution
of fireworks for such display shall be lawful solely therefor.
E.
Each application shall be accompanied by the approval
of the Chief of Police and the Fire Inspector/Fire Marshal.
F.
No permit shall be issued without the delivery to the
Village Clerk of:
(1)
A liability insurance policy in a form satisfactory to
the Town Attorney naming the Town of Harrison and the Village of Harrison
as additional insureds and in an amount of no less than $2,000,000 insuring
against all damages that may be caused to a person or persons or to property
by reason of the display so permitted and arising from any acts of the permittee,
its agents, employees, contractors or subcontractors. Such insurance also
shall run to and be for the use and benefit of any person or persons or any
owner or owners of any property so injured or damaged, and such person or
persons or such owner or owners are hereby authorized to maintain an action
thereon, which right of action also shall accrue to the heirs, executors,
administrators, successors or assigns of such person or persons or such owner
or owners; and
(2)
An agreement in a form satisfactory to the Town Attorney
holding harmless and indemnifying the Town of Harrison and the Village of
Harrison from all damages that may be caused by reason of the display so permitted.
Any person violating any provision of this chapter shall be punished,
upon conviction thereof, with a fine not exceeding $250 or by imprisonment
not exceeding 15 days, or both. No person who has been convicted of violating
this section may apply for a permit for a period of five years from the date
of conviction.
