[HISTORY: Adopted by the Board of Trustees of the Village of Northport
5-16-2000 by L.L. No. 11-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 200.
The Village Chief of Police shall be and hereby is designated as the
licensing and permit authority for the purpose of licensing and issuing permits
for the public display of fireworks within the Village of Northport in accordance
with Article 405 of the Penal Law of New York.
A.
The applicant for a permit under this chapter shall conform
to code § 1123 of the National Fire Prevention Association and with
Article 405 of the New York State Penal Law.
B.
All applications for a permit for the public display
of fireworks shall be made on the form prescribed by the village and made
at least 30 days in advance of the date of the display.
C.
By signing and submitting such application, the applicant
will acknowledge that the applicant and all parties involved with said application
are advised that:
(1)
The actual point at which the fireworks are to be fired
shall have a radius of 70 feet per inch of the largest mortar fired, but not
less that 200 feet from the nearest permanent building, public highway or
aboveground utility line, overhead tree or other overhead obstruction.
(2)
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 such
lines.
(3)
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 large
body of water, when they may be directed in such manner that the falling residue
from the deflagration will fall into such body of water.
(4)
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.
(5)
No fireworks display shall be held during any windstorm
in which the wind reaches a velocity of more than 15 miles per hour.
(6)
All persons in actual charge of firing the fireworks
shall be over the age of 18 years, competent and physically fit for the task.
(7)
There shall be at least two such operators constantly
on duty during the discharge of fireworks.
(8)
There shall be at least two 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.
D.
The applicant for a permit under this chapter shall have
obtained written confirmation from the office of the Chief of the Northport
Volunteer Fire Department that emergency equipment and personnel will be available
and ready to serve during the planned display, and a copy of such confirmation
shall be attached to the application. Fire protection personnel and their
vehicles and other emergency response personnel and vehicles shall remain
at or beyond the perimeter of the display site.
E.
The applicant shall notify the United States Coast Guard
and the Federal Aviation Administration and produce confirmation of such notification,
and a copy of any response from said agencies, along with any application
under this chapter.
F.
No permit granted and issued hereunder shall be transferable.
After a permit has been granted, sales, possession, use and distribution of
fireworks for such display shall be lawful solely therefor.
G.
Before granting and issuing a permit for a public display
of fireworks as herein provided, the village shall require an adequate bond
from the applicant therefor in the sum of not less than $2,000,000, conditioned
on the payment of all damages, which may be caused to a person or persons
or to property, by reason of the display so permitted and arising from any
acts of the permittee, his agents, employees, contractors or subcontractors.
Such bond shall run to the village and shall be for the use and benefit of
any person or persons or any owner or owners of any property so injured or
damaged, and such person or persons or such owner or owners 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. The village 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 is
predicated and for the purposes herein provided.
The village shall have the power to regulate or prohibit the use, storage,
transportation or sale for use of fireworks in the preparation for or in connection
with television broadcasts.
The Chief of Police, the Chief of the Northport Fire Department, or
their designee, shall have the authority to halt all operations in connection
with any public display of fireworks should he/she deem that an unsafe or
hazardous condition exists. If said condition cannot be satisfactorily corrected,
any permit issued hereunder shall be revoked, and all operations shall immediately
be dismantled and removed.
