[HISTORY: Adopted by the Town Board of the Town of North
Castle 11-18-2015 by L.L. No. 9-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 33.
A.
Pursuant to recent revisions to the New York State Penal Law, § 405.00,
it is now legal for private individuals, as well as organizations
and municipalities, to employ the services of professional pyrotechnics
for fireworks displays. The Town Board of the Town of North Castle
hereby finds that such activities are extremely dangerous, as they
incorporate the use of highly explosive materials and other devices
which pose a threat to the health and safety of the Town of North
Castle and its residents. The Board therefore finds it necessary to
enact a chapter benefitting the health, safety and general welfare
of the Town of North Castle and its residents with respect to the
storage and use of fireworks within the Town's jurisdiction.
B.
This chapter shall augment and in no way conflict with or supersede
§§ 405.00 and 270.00 of the New York State Penal Law
and, where applicable, shall regulate those areas specifically prescribed
to the authority of the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
For purposes of this chapter, the individual(s) employed
by a state-certified pyrotechnic operator (as defined below) who is
at least 18 years of age and trained in the proper handling and discharge
of fireworks.
Defined herein in accordance with § 270 of the
New York State Penal Law as 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, 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.
A pyrotechnic or pyrotechnic company certified by the State
of New York, pursuant to Article 28-D of the New York State General
Business Law and Article 16 of the New York State Labor Law, in the
handling, storage and discharge of fireworks.
For purposes of this chapter, a permit issued by the permitting
authority for the public display and discharge of fireworks in accordance
with the requirements set forth by this chapter and as provided for
in the application materials provided by the Town of North Castle.
For purposes of this chapter, the Town of North Castle Fire
Prevention Officer, who shall review applications for fireworks displays
and, in consultation with the Town of North Castle Police Department
and the appropriate district fire department, issue or deny permits
in connection therewith.
For purposes of this chapter, any person, company, municipality,
fair association or other legal entity applying for a permit for the
discharge and display of fireworks.
A.
No person or other legal entity shall conduct an indoor fireworks
display in the Town of North Castle.
B.
No public fireworks display shall be conducted in the Town of North
Castle on a lot containing a two-family or multiunit dwelling as its
principal use.
C.
No storage of fireworks or public or private fireworks display shall
be conducted in the Town of North Castle unless a valid permit for
such storage and/or display is first issued by the permitting authority.
D.
A permit issued pursuant to this chapter shall not be transferable
to any other party. Attempt to transfer such permit shall result in
revocation of the permit.
A.
Information required; filing deadline; fee.
(1)
The application for a permit pursuant to this chapter shall contain
at least the following information, and supporting documents, on a
form provided by the Town:
(a)
The name of the sponsor;
(b)
The name of the state-certified operator hired to conduct the
display;
(c)
All assistants who will work with/for the operator in executing
the fireworks display for which the permit is sought;
(d)
A verified statement from the sponsor identifying the operator,
accompanied by copies of all certificates demonstrating competence
as a state-certified operator; such certificates shall include:
[1]
A copy of the operator's United States Department of Transportation
hazardous material certificate of registration;
[2]
A copy of the operator's United States Treasury Department,
Bureau of Alcohol, Tobacco and Firearms explosives permit;
[3]
A copy of the operator's New York State Department of Labor,
Division of Safety and Health license to deal in or manufacture explosives;
and
[4]
Copies of the licenses of the individual assistants who will
assist the operator in execution of the fireworks display.
(e)
The date and time on which the display is to be made;
(f)
The number and kind of fireworks;
(g)
The manner and place of storage of the fireworks under the display
date.
(h)
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;
(i)
Such other information as the permitting authority or Town of
North Castle Police Department prescribes as necessary for the evaluation
and determination of a fireworks permit application.
(2)
Such application shall be filed with the permitting authority no
less than 30 calendar days before the date on which the proposed fireworks
display is to take place. Such application shall be accompanied by
a nonrefundable fee as set forth in the Town of North Castle Master
Fee Schedule on file in the Town Clerk's office.[1]
B.
Bond or insurance.
(1)
Before granting and issuing a permit for the display of fireworks
as herein provided, the permitting authority shall require an adequate
bond from the sponsor, unless it is a state park, or a city, town
or village, which shall not be less than $1,000,000, conditioned for
the payment of all damages which may be caused to a person or to the
property of a person or legal entity by reason of the display permitted
and arising from any acts or omissions of the sponsor, operator or
any agent, employee, contractor or subcontractor thereof. A certificate
evidencing the purchase of the bond shall be provided to the Town
prior to the date of any proposed fireworks display.
(2)
The Town may accept, in lieu of such bond, an indemnity insurance
policy with liability coverage and indemnity protection equivalent
to the terms and conditions upon which such bond would be predicated
and for the purposes provided in this section. Such indemnity insurance
policy shall name the Town of North Castle, and its agents, officers,
directors and employees, as an additional insured. A certificate evidencing
the purchase of the policy shall be submitted to the Town prior to
the date of any proposed fireworks display.
C.
Upon receipt of an application for a fireworks permit, the permitting
authority shall review the application contents, consult with the
Town of North Castle Police Department and determine whether such
application is in conformity with the requirements of this chapter.
D.
Denial of an application for a permit shall be in writing, addressed
to the sponsor of the permit, setting forth the reasons for such denial.
The sponsor and operator shall establish the minimum safe viewing
distance from which viewers of the fireworks display can observe the
proposed display without risk of harm or injury, which minimum distance
shall be approved by the permitting authority in consultation with
the Town of North Castle Police Department. A perimeter shall be established
for this purpose, which only authorized members of the permitting
authority and operator may cross before and during execution of the
fireworks display.
If the permitting authority discovers that the sponsor has provided
intentionally misleading or false information in the application materials
or that the sponsor or operator has otherwise violated any provision
of this chapter, he/she may deny or revoke the permit prior to the
date of the proposed fireworks display.
A.
All fireworks that fire as a projectile shall be set up such that they fire in as vertical a direction as possible in order to avoid the possibility that debris will travel outside the perimeter established pursuant to § 173-5 above.
B.
All debris resulting from the fireworks display shall be promptly
collected and properly disposed of by the operator in the manner prescribed
by state law.
C.
There shall be at least two individuals constantly on duty during
the discharge of the fireworks display, at least one of whom shall
be a state-certified operator. Furthermore, there shall be two approved-type
fire extinguishers kept within the actual display area, which must
be as widely separated as possible.
D.
The Town reserves the right to have a representative of the permitting
authority, the Town of North Castle Police Department or another appropriate
representative attend any fireworks display for which a permit is
issued.
E.
The sponsor and operator shall have all permits available and ready
for inspection on site before and during the execution of the fireworks
display.
F.
No smoking shall be permitted within 200 feet of any area where fireworks
or other related materials are being temporarily stored.
A.
Any person, legal entity, sponsor or operator committing an offense
against this chapter shall be subject to the penalties of Article
270 of the New York State Penal Law and § 405.05 of the
New York State Penal Law concerning seizure of fireworks.
B.
Notwithstanding any conviction(s) for violation of state law, violation
of this chapter shall constitute a violation of the Code of the Town
of North Castle, subject to a civil penalty of up to $1,000 per day
per violation or to imprisonment for a term not to exceed 15 days,
or both, and revocation of any and all permits issued pursuant to
this chapter. Each day's continued violation shall constitute a separate
additional violation. Any such conviction will also be considered
in determining whether future permits under this chapter should be
issued to the same sponsor and/or operator.
[Amended 4-29-2020 by L.L. No. 3-2020]
C.
The Building Inspector, in addition to any other person or agency
authorized under state or local law, shall have the authority to enforce
the provisions of this chapter and issue citations for civil penalties
for failure to comply with the provisions of this chapter.
In the event any section, subsection, paragraph or clause of
this chapter is in conflict with Article 270 or 405 of the State
Penal Law, the provisions of the Penal Law are deemed to be incorporated
herein and will control.
