[HISTORY: Adopted by the Town Board of the Town of Clayton 8-11-2021 by L.L. No. 3-2021. Amendments noted where applicable.]
This chapter is adopted pursuant to New York State Penal Law Article 405.
A. 
This chapter shall be known as the "Fireworks Display Law."
B. 
The Town of Clayton wishes to provide residents the ability to celebrate by use of fireworks, provided fireworks displays are undertaken in a manner that promotes safety consistent with the provisions of New York State Penal Law Article 405. The Town Board wishes to set forth the process for obtaining a fireworks display permit and to establish the minimum requirements that must be met by applicants.
No person, firm or entity may discharge fireworks (as that term is defined in New York State Penal Law § 270) unless doing so complies with Penal Law Article 405 and the requirements of this chapter.
A. 
All fireworks display permits must be submitted to the Town of Clayton Supervisor's Office.
B. 
Applicants seeking a fireworks permit must submit:
(1) 
The name of the entity or person sponsoring the display and the names of the person(s) actually to be in charge of the firing of the display and proof that the latter possesses a valid pyrotechnic license required under the General Business Law and Article 16 of the Labor Law.
(2) 
A verified statement from the applicant identifying individuals who are authorized to fire the display, including their certificate numbers, and that such individuals possess a valid license as a pyrotechnic.
(3) 
The date and time of day at which the display is proposed to be held.
(4) 
The exact location planned for the display.
(5) 
The number and kind of fireworks to be discharged.
(6) 
The manner and place of storage of such fireworks prior to the display.
(7) 
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.
(8) 
If the discharge location is water-based, proof of authorization from the United States Coast Guard must be attached to the application in order for it to be considered for approval.
(9) 
A copy of the contract between the sponsor and the fireworks contractor must be attached to the application.
(10) 
The sponsor shall provide a bond of no less than $1,000,000, conditioned for the payment of all damages, which may be caused to a person(s) or to property by reason of the display and arising from any acts of the permittee, his/her agents, employees, contractors or subcontractors. Such bond shall run to the Town and shall be for the use and benefit of any person(s) or any owner or owners of any property so injured or damaged, and such person(s) or such owner(s) are hereby authorized to maintain an action thereon, which right of action also shall accrue to the heirs, executors, administrators, successors or assigns of such person or persons or such owner or owners. In the alternative, the permittee may submit proof of an indemnity insurance policy with liability coverage and indemnity protection equivalent to the terms and conditions upon which such bond is predicated and for the purposes provided in this subsection.
(11) 
The fireworks contractor must provide proof of liability insurance at a minimum of $1,000,000 coverage.
(12) 
The fireworks contractor must provide proof of workers' compensation coverage.
(13) 
A signed hold harmless agreement must be submitted along with the application.
(14) 
Payment of the application fee, which shall be established and, from time to time, modified by resolution of the Town Board, must be submitted along with the application.
C. 
All requests for permits must be received a minimum of 30 days prior to the proposed occasion.
D. 
The application must be reviewed and signed by both the Town of Clayton Code Enforcement Officer and the Fire Chief designated for the area identified in Subsection B(4) above prior to the Town Board's final approval of the application.
E. 
The Town of Clayton Board may not approve any application which does not comply with the requirements set forth herein and may not deny any permit which meets the requirements.
A. 
The applicant must comply with all provisions of New York State Penal Law Article 405 and NFPA 1123.
B. 
The Town may not grant any permit 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 a breeder as defined in Subdivision 4 of § 251 of the NYS Racing, Pari-Mutuel Wagering and Breeding Law.
C. 
Discharge of fireworks may not occur less than 200 feet from any building or roads, or less than 50 feet from any overhead obstruction, including tree limbs. The point of discharge shall also be no less than 150 feet from the line or lines where the audience will be restrained if the fireworks are to be viewed from an on-site location.
D. 
Discharge of fireworks may not occur less than 150 feet from any shared boundary line with any other owner unless such owner or owners have provided a written authorization for such fireworks display.
E. 
The Code Enforcement Officer, the Fire Chief or person(s) appointed by either may, upon reasonable notice to the property owner, inspect the site either prior to or following issuance of any permit.
F. 
No fireworks display may be held when the wind reaches a velocity of 30 miles per hour and, under this circumstance, the permit will automatically be deemed rescinded, whether or not the permittee is advised of wind speeds by the Town Code Enforcement Officer, Fire Chief or anyone else. It is the permittees' obligation to be aware of wind speeds and to cancel the fireworks display under this circumstance.
G. 
At least two five-pound minimum ABC-rated fire extinguishers shall be ready to use at the discharge site.
H. 
Fire Department attendance during the display will be at the discretion of the Fire Department and neither the permittee nor owner may refuse to allow entry.