[HISTORY: Adopted by the Town Board of the
Town of Niskayuna 3-18-1997 by L.L. No. 4-1997.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 142.
[1]
Editor's Note: This local law also repealed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:
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.
The provisions of this definition, however,
shall not 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.
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.
Model rockets and model rocket motors designed,
sold and used for the purpose of propelling recoverable aero-models
shall be permitted at all times.
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 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.
A.
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.
B.
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.
C.
Operation of the fireworks displays, firing of shells
and all ground display pieces shall also conform to NFPA 1123.
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NFPA 11 23 - Table 3-1.3
Distances for Outdoor Fireworks
Display Sites
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*12 With Approval of the Authority
Having Jurisdiction.
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1Note that
for angled mortars, the minimum secured diameter of the display site
does not change. Only the location of the mortars within the desired
area changes when the mortars are angled.
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2 Note that
this is only the distance to the special hazards. The minimum secured
diameter of the display site does not change.
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A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Such other information as the permit authority may
deem necessary to protect persons or property.
B.
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:
(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, 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 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.
(3)
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.
(4)
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.
(5)
No fireworks display shall be held during any windstorm
in which the wind reaches a velocity of more than 30 miles per hour.
(6)
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.
(7)
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.
(8)
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.
