[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 5-23-2005 by L.L.
No. 2-2005. Amendments noted where applicable.]
The Village Board of the Village of Monticello has found it
necessary for the general welfare of the community to regulate supervised
public displays of fireworks by the municipality, fair associations,
amusement parks and other organizations.
This chapter shall be known as the "Fireworks Displays Chapter
of the Code of the Village of Monticello."
As used in this chapter, the following terms shall have the
meanings indicated:
Pursuant to § 270.00 of the New York State Penal
Law, shall include any blank cartridge, blank cartridge pistol or
toy cannon in which explosives are used, firecrackers, torpedoes,
skyrockets, roman candles, bombs, 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
or 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 of combustion,
explosion, deflagration or detonation or other device containing any
explosive substance. The provisions of this definition, however, shall
not be deemed to include flares of the type used by railroads or warning
lights commonly known as "red flares" or marine distress signals of
a type approved by the United States Coast Guard or toy pistols, toy
canes, toy guns or other devices in which paper caps containing 0.25
grain or less of explosive compound are used, provided that they are
so constructed that the hand cannot come in contact with the cap when
in place for use, and toy pistol paper caps which contain less than
0.20 grain of explosive mixture, the sale and use of which shall be
permitted at all times.
A.
The manufacture of fireworks is prohibited within the municipality.
B.
Permits. Except as hereinafter provided, it shall be unlawful for
any person to store, to offer for sale, to expose for sale, to sell
at retail or to use or explode any fireworks, provided that the Director
of Fire Services or his designee shall have the power to grant permits
for supervised public displays of fireworks by the municipality, fair
associations, amusement parks and other organizations.
(1)
Pursuant to § 405.00 of the New York State Penal Law, the
application for such permit shall set forth:
(a)
The name of the body sponsoring the display and the names of
the persons actually to be in charge of the firing display.
(b)
The date and time of day at which the display is to be held.
(c)
The exact location planned for the display.
(d)
The age, experience and physical characteristics of the persons
who are to do the actual discharging of the fireworks.
(e)
The number and kind of fireworks to be discharged.
(f)
The manner and place of storage of such fireworks prior to the
display.
(g)
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 the 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.
(h)
Such other information as the Director of Fire Services may
deem necessary to protect persons or property.
(2)
The permit shall contain provisions that:
(a)
The actual point at which the fireworks are to be fired shall be
at least 200 feet from the nearest permanent building, public highway
or railroad or other means of travel and at least 50 feet from the
nearest aboveground telephone or telegraph line, tree or other overhead
obstruction;
(b)
The audience at such display shall be restrained behind lines at
least 150 feet from the point at which the fireworks are discharged,
and only persons in active charge of the display shall be allowed
inside these lines;
(c)
All fireworks that fire a projectile shall be so set up that the
projectile will go into the air as nearly 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 manner that the falling residue from the deflagration will fall
into such lake or body of water;
(d)
Any fireworks that remain unfired after the display is concluded
shall be immediately disposed of in a way safe for the particular
type of fireworks remaining;
(e)
No fireworks display shall be held during any wind storm in which
the wind reaches a velocity of more than 30 miles per hour;
(f)
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;
(g)
There shall be at least two such operators constantly on duty during
the discharge; and
(h)
At least two soda acid or other approved-type fire extinguishers
of at least 2 1/2 gallons' capacity each shall be kept at
as widely separated points as possible within the actual area of the
display.
C.
Application for permits shall be made at least 15 days in advance
of the date of the display. After such privilege shall have been granted,
sale, possession, use and distribution of fireworks for such display
shall be lawful for that purpose only. No permit granted hereunder
shall be transferable.
A.
No permit authorizing the display of fireworks shall be granted unless
the applicant hereto furnishes evidence of commercial general liability
insurance with an occurrence limit of not less than $2,000,000 and
coverage for medical payments in the event of injury of not less than
$5,000 per person and a general aggregate limit of not less than $4,000,000.
B.
No permit authorizing the display of fireworks shall be granted unless
the Village of Monticello is named insured under the required commercial
general liability insurance, and such policy shall be noncancellable
without 10 days' prior written notice to the Village of Monticello.
Said policy shall be prepaid, and a copy of the policy and evidence
of the payment shall be attached to the permit application.
Any fireworks that remain unfired after the display is concluded
shall be immediately disposed of in a way safe for the particular
type of fireworks remaining.