[HISTORY: Adopted by the Town Board of the Town of Niskayuna 3-18-1997 by L.L. No. 4-1997. Amendments noted where applicable.]
Noise — See Ch. 142.
Editor's Note: This local law also repealed former Ch. 113, Fireworks, adopted 4-2-1934.
This chapter shall be known and be cited as the "'Public Display of Fireworks Law of the Town of Niskayuna."
The intent of this chapter is to establish comprehensive controls for the display of fireworks in the Town of Niskayuna in order to promote and protect the health, safety, comfort, convenience and the general welfare of the people.
When used in this chapter, unless otherwise expressly stated, the following terms shall have the meanings indicated:
- A. Any substance or combination of substances or any article prepared for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, explosion, deflagration or detonation or any other device containing any explosive substance that meets the definition of "consumer" or "display" fireworks as set forth in the most recent edition of NFPA 1123.
- B. The provisions of this definition, however, shall not be deemed to include:
- (1) 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.
- (2) Toy pistols, toy canes, toy guns or other devices in which paper caps containing 0.25 grain or fewer of explosive compounds are used, provided that they are so constructed that the hand cannot come in contact with the cap in the place where used; nor toy pistol caps which contain fewer than 0.20 grain of explosive mixture, the sale and the use of which shall be permitted at all times.
- (3) Model rockets and model rocket motors designed, sold and used for the purpose of propelling recoverable aero-models shall be permitted at all times.
- (4) 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.
- PERMIT AUTHORITY
- The Town Supervisor, acting with the advice of the Chief of Police and the appropriate Fire District Chief of the Town of Niskayuna.
- The Town of Niskayuna.
Fireworks displays shall be permitted in the Town only by commercial fireworks companies that have received a permit issued by the Town Clerk and approved by the permit authority.
The display site for all fireworks shall conform to NFPA 1123, Table 3-1.3 (as shown below) as it relates to distances for Outdoor Fireworks Display Sites. The minimum separation distances cited in this table may be extended by Town officials to adjust for weather conditions up until the time of display. All other operating rules and regulations for fireworks displays shall conform to NFPA 1123 and Article 405 of the New York State Penal Law.
Operation of the fireworks displays, firing of shells and all ground display pieces shall also conform to NFPA 1123.
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:
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.
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.
The exact location planned for the display with a diagram showing the exact point at 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.
Confirmation of the license of the operator and the number of assistants that are to be present. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks.
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.
Such other information as the permit authority may deem necessary to protect persons or property.
All applications for permits for the public display of fireworks shall be made at least 30 days in advance of the date of display, and the permit shall contain provisions that:
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.
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.
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.
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.
No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than 30 miles per hour.
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.
There should be at least two such operators constantly on duty during the discharge, and that at least two approved-type fire extinguishers of at least 21/2 gallons' capacity each shall be kept as widely separated as possible within the actual area of the display.
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.
Before granting and issuing a permit for a public display of fireworks as herein provided, the permit authority shall require a bond from the applicant, unless it is a state park, County park, City, Village or Town, with liability coverage and Town of Niskayuna indemnity protection equivalent to a minimum of $500,000 for the expressed purpose of indemnifying the Town of Niskayuna 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 of Niskayuna 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 permit authority 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 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 Niskayuna. The application shall be submitted with a fee set by the Town Board of the Town of Niskayuna, 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.
Any person aggrieved by any action of the permit authority taken pursuant to the provisions of this chapter may appeal to the Town Board of the Town of Niskayuna. The Town Board shall, upon appeal, hear and decide any questions involving the interpretation of any provision of this chapter.
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 Niskayuna 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.