[HISTORY: Adopted by the Town Board of the
Town of Colonie 9-28-2000 by L.L. No. 6-2000; amended in its entirety 11-18-2010 by L.L. No.
11-2010. Subsequent amendments noted where applicable.]
This chapter is designed to promote the health, safety and general
welfare of the people of the Town of Colonie by establishing a permitting
procedure designed to regulate the issuance of permits for fireworks
displays, pursuant to the authority granted by Article 405 of the
Penal Law of the State of New York, and subject to all conditions
and provisions in said Article 405, as the same may be amended from
time to time, and by prohibiting the use of indoor pyrotechnics.
As used in this chapter, the following terms shall have the
meanings indicated.
An individual who has been authorized by the certified operator
to work on a fireworks display after such operator has confirmed that
the individual is either a certified pyrotechnician, or otherwise
meets the following qualifications:
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals, or property.
An operator who is a certified pyrotechnician.
An individual who holds a valid certificate of competence
as a pyrotechnician issued by the Commissioner of Labor of the State
of New York.
This term shall have the same definition as described in
New York State Penal Law § 270.00.
An outdoor presentation of fireworks for public or private
gatherings.
Any public street, road, highway or alley, or any private
road or street.
The individual who has overall responsibility for the operation
and safety of a fireworks display.
The written authorization of the Permit Authority granted
to any municipality, fair association, amusement park, person or organization
of individuals to conduct a fireworks display.
The Department of Fire Services of the Town of Colonie.
An individual who performs any tasks on a fireworks display,
including setting up the equipment, fireworks, or pyrotechnics, loading
mortars (loader), spotting bursting locations (spotter), tending a
ready box (ready box tender), igniting the fireworks (shooter), striking
the equipment, or cleaning the site.
Controlled exothermic chemical reactions that are timed to
create the effects of heat, gas, sound, dispersion of aerosols, emission
of visible electromagnetic radiation, or a combination of these effects
to provide the maximum effect from the least volume.
The person who exercises general control over the arrangements
for the fireworks display. The sponsor and the certified operator
may sometimes be the same person.
The Permit Authority is authorized to grant and issue a permit
for the display of fireworks and to take all such actions as are necessary
for the proper execution of its authority. The enforcement of the
provisions provided herein shall be by the Permit Authority, the Town
of Colonie Police Department, and any other persons as may be from
time to time authorized by the Town Board of the Town of Colonie.
A.
No
fireworks display may be conducted in the Town of Colonie unless a
valid permit for such a display has been issued by the Permit Authority.
B.
Application
for such a permit shall be made to the Permit Authority on the form
provided by it at least five days in advance of the date of the fireworks
display. The application shall set forth the following information:
(1)
The name of the person promoting the fireworks display and the name
of the persons actually to be in charge of the firing of the display
who shall possess a valid certificate of competence as a pyrotechnician
as required under the General Business Law and Article 16 of the Labor
Law. The applicant shall make a verified statement identifying the
individuals who are authorized to fire the display (i.e., the certified
operator and any other certified pyrotechnician who will be available
to serve as the certified operator), including their certificate numbers
and dates of birth, and stating that such individuals possess a valid
certificate of competence as a pyrotechnician. The applicant must
supply a copy of the certificate(s) of competence as a pyrotechnician.
(2)
The date and time of day at which the fireworks display is to be
held.
(3)
The exact location planned for the display.
(4)
The number and kind of fireworks to be discharged.
(5)
The manner and place of storage of such fireworks prior to the display.
(6)
A diagram, with distances shown in feet, of the grounds on which
the fireworks 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.
(7)
Such other information as the Permit Authority may deem necessary
to protect persons or property.
C.
The
permit shall contain provisions that the actual point at which the
fireworks are to be fired be in accordance with the rules promulgated
by the Commissioner of Labor of the State of New York pursuant to
§ 462 of the Labor Law (Part 61, Title 12 of the Codes,
Rules, and Regulations of the State of New York) and that 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, that there
shall be at least two such operators constantly on duty during the
discharge and that at least two approved-type fire extinguishers shall
be kept at as widely separated points as possible within the actual
area of the display.
D.
No
permit may be issued to conduct a display of fireworks upon any property
where the boundary line of such property is less than 500 yards from
the boundary line of any property which is owned, leased or operated
by any breeder as defined in Subdivision four of § 251 of
the Racing, Pari-mutuel Wagering and Breeding Law.
E.
The
application shall be signed by the sponsor and the certified operator.
F.
Any
applicant for a permit to conduct a fireworks display shall send a
copy of the application to the Chief of Police of the Town of Colonie,
and to the Chief of the local Fire Department. The applicant shall
notify both Chiefs of the display location, date and time if a permit
is issued, and shall request the Fire Department's attendance
at the display.
G.
Upon
receipt of an application for a permit, the Permit Authority may make
an investigation of the site of the proposed display for the purpose
of determining whether the regulations provided for herein have been
complied with and determining whether to impose reasonable conditions
on the time or location of the fireworks display.
H.
No permit granted hereunder shall be transferable, and any such permit
shall apply only to the fireworks display for which it is granted.
I.
The certified operator shall have any permit issued available for
examination by the Permit Authority or the Town of Colonie Police
Department at the time of the fireworks display.
Fireworks displays shall be conducted by a certified operator
who may be aided by authorized assistants. Every fireworks display
shall be conducted in compliance with New York State Rules and Regulations,
as promulgated by the Department of Labor or any functionally equivalent
successor agency, and with the terms of any permit granted hereunder.
A.
No
permit shall be issued until an adequate bond in a sum to be fixed
by the Permit Authority, but in no case less than $1,000,000, is provided
by the applicant. The bond shall be conditioned for the payment of
all damages which may be caused to a person or persons or to property
by reason of the fireworks display so permitted, and arising from
any acts of the permittee, sponsor, operator, or its agents, employees,
contractors or subcontractors. Such bond shall run to the Town of
Colonie and shall be for the use and benefit of any such person or
persons, or any such owner or owners of any property so injured or
damaged. Any such person or persons, or such owner or owners are hereby
authorized to maintain an action on such bond, which right of action
shall also accrue to the heirs, executors, administrators, successors
or assigns of such persons or owners.
B.
The
Permit Authority may accept in lieu of such bond an indemnity insurance
policy with liability coverage and indemnity protection equivalent
to or exceeding the terms and conditions upon which bond is predicated
and for the same purposes provided.
No person shall use, ignite or detonate pyrotechnics in a building,
or part or parts thereof.
A.
Any person or persons, associations or corporations committing an
offense against this chapter or any section or provision hereof shall
be subject to the penalties imposed by §§ 270.00 and
405.05 of the Penal Law, including the provisions relating to the
seizure of fireworks contained in § 405.05, except that
the use, ignition or detonation of pyrotechnics in a building is a
Class A misdemeanor, punishable by a fine not to exceed $10,000 or
imprisonment not to exceed one year.
B.
Notwithstanding a conviction for an offense against any provisions
of this chapter, a person or entity committing an offense under this
chapter shall be subject to revocation of any permit herein granted
without reimbursement of fees paid thereof.
C.
In addition to any fine or imprisonment imposed for a conviction
of an offense to this chapter, each such offense may be subject to
a civil penalty not to exceed $250 to be recovered in an action or
proceeding in a court of competent jurisdiction.
If any clause, sentence or provision of this chapter or the
application thereof to any person or circumstance shall be adjudged
by a court of competent jurisdiction to be invalid, the invalidity
thereof shall not affect, impair or invalidate the remainder of the
provisions of this chapter or the application thereof to other persons
and circumstances.
This chapter shall become effective upon its proper filing in
the Office of the Secretary of State.
