[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook: Art. I, as Ch. 16, Art. II, Div. 1, of the 1967 Code
of Ordinances; Art. II, as Ch. 16, Art. II, Div. 2, of the 1967 Code
of Ordinances. Amendments noted where applicable.]
[Adopted as Ch. 16, Art. II, Div. 1, of the 1967 Code of
Ordinances]
A.Â
Prohibited. No person shall discharge any firearms, rockets, gunpowder
or other explosive within the Village of Lynbrook, except as herein
otherwise provided.
[Amended 11-15-1976 by L.L. No. 19-1976]
B.Â
Exception. This provision shall not apply to a police officer necessarily
discharging a firearm in the performance of police duty.
[Amended 11-15-1976 by L.L. No. 19-1976]
It shall be unlawful for any person to keep, store, transport
or have in his possession any high or low explosives, fuse or electric
blasting caps or any other explosive compound, except such articles
as are defined by the Interstate Commerce Commission regulations for
the transportation of explosives or other dangerous articles, unless
these explosives are stored, used or transported in conformity with
the statutes and regulations of the State of New York and County of
Nassau.
A.Â
Licensing. No powder, dynamite or explosives of any kind, including
fireworks and firecrackers, manufactured or kept for sale, either
wholesale or retail, shall be stored, manufactured or sold within
the village until a license shall have been procured from the Board
of Trustees of the village for such purposes.
B.Â
Prerequisites to licensing. The Board of Trustees shall grant no
license for such purposes unless the Bureau of Fire Prevention or
a duly appointed inspector shall inspect submitted evidence and approve,
in writing, the receptacles, buildings or storage places to be used
for such purposes and the method or manner of manufacture, sale or
storage, and that find all statutes and regulations of the State of
New York and County of Nassau have been complied with.
[Amended 11-15-1976 by L.L. No. 19-1976]
No person shall sell, expose for sale or give away any loaded
cartridges, blank cartridges, caps, percussion caps, fuse or electric
blasting caps, dynamite or any other explosive materials of any description
in the village without first obtaining a permit from the Mayor.
[Amended 11-15-1976 by L.L. No. 19-1976]
No person shall discharge any gunpowder, blasting caps or other
explosives of any kind within the village without first obtaining
a permit from the Mayor.
[Amended 11-15-1976 by L.L. No. 19-1976]
[Amended 11-15-1976 by L.L. No. 19-1976]
[Adopted as Ch. 16, Art. II, Div. 2, of the 1967 Code of
Ordinances]
As used in this Article, the following terms shall have the
meanings indicated:
A written obligation or undertaking under seal, whereby an
applicant for or holder of a permit engages and agrees to indemnify
the village for any loss, damage or injury resulting from the acts
of the applicant, his agents, servants or employees under such permit;
and further, a policy of public liability insurance in which the insurer
agrees to defend any and all claims, suits or actions and to pay any
judgments which may be recovered against the village or civil divisions
therein and/or the applicant, their agents, servants or employees
by reason of such acts performed.
Any citizen of the United States over the age of 21 years
who shall have had at least five years' experience in the manufacture
or display of fireworks and who shall have full knowledge and understanding
of the dangers attendant upon their manufacture and use and who, by
reason of character and experience, understands the display and manufacture
thereof.
Any combustible or explosive composition or any substance
or combination of substances or article prepared for the purpose of
producing a visible or audible pyrotechnic effect by combustion, explosion,
deflagration or detonation.
[Amended 11-15-1976 by L.L. No. 19-1976]
No person shall keep, store, discharge, use, manufacture, process,
sell, handle or transport fireworks within the village without a written
permit issued therefor as provided herein and without complying with
all other applicable laws of the State of New York and County of Nassau.
Nothing contained herein shall be construed as applying to:
A.Â
The transportation of any article or thing in conformity with the
regulations prescribed by the Interstate Commerce Commission.
B.Â
The military and naval forces of the United States.
C.Â
The duly authorized militia of any state or territory thereof.
D.Â
The State of New York.
E.Â
Any police or peace officer of the state or subdivision thereof in
the discharge of his official police duties.
F.Â
The Long Island State Park Commission.
G.Â
The possession or use of signaling devices for current daily consumption
by railroads, vessels, motor trucks and others required by law to
use the same.
H.Â
The possession, sale or use of normal stocks of flashlight compositions
by photographers or dealers in photographic supplies.
No permit shall be issued hereunder for the sale of fireworks
at retail.
The Board of Trustees of the village may, upon due application,
issue a permit to a properly qualified person for a display of fireworks
on a specific date; provided, however:
A.Â
Conduct of display. That the applicant establishes to the satisfaction
of the Board of Trustees that the display is to be conducted by an
experienced pyrotechnician and in public parks or other open places.
B.Â
Bond. That a bond is posted in a sum of not less than $5,000, but
a greater bond may be required by the Board of Trustees if, in its
judgment, it deems it advisable.
C.Â
Compliance with safety regulations. That the applicant agrees, as
a condition of the issuance of the permit, to abide by such reasonable
regulations as to the kind, nature and use of fireworks as may be
deemed necessary to properly safeguard life and property as may be
prescribed by the Board of Trustees.
D.Â
County permit. That the applicant under this Article has received
from the County of Nassau a permit therefor in accordance with the
ordinances of the County of Nassau.
[Amended 11-15-1976 by L.L. No. 19-1976]
A fee of $25 shall be charged for each permit issued to display
fireworks.
The Board of Trustees, upon due application, may issue a permit
to a properly qualified person for the transportation or storage of
fireworks, subject however, to the following limitations:
A.Â
Duration. No permit shall be granted to store fireworks at any place
for longer than 30 days from the date of issuance of such permit.
B.Â
Expiration. All permits issued shall expire on the last day of the
year in which they are issued.
C.Â
Compliance with safety regulations. Each applicant must agree as
a condition of the issuance of the permit to abide by such reasonable
regulations as may be deemed necessary to properly safeguard life
and property as may be prescribed by the Board of Trustees.
