[HISTORY: Adopted by the Board of Trustees
of the Village of Croton-on-Hudson 12-6-1976 by L.L. No. 6-1976;
amended in its entirety 10-4-2021 by L.L. No. 11-2021. Subsequent amendments
noted where applicable.]
A.
Pursuant to the New York State Penal Law, § 405.00, private
individuals, as well as organizations and municipalities, may employ
professional pyrotechnics services for fireworks displays. The Village
Board of Trustees of the Village of Croton-on-Hudson (hereinafter,
the "Village") hereby finds that such activities are extremely dangerous,
as they incorporate the use of highly explosive materials and other
devices which pose a threat to the health and safety of the Village
and its residents. The Board therefore finds it necessary to enact
provisions benefiting the health, safety and general welfare of the
Village and its residents with respect to the storage and use of fireworks
within the Village's jurisdiction.
B.
This chapter shall augment, and in no way conflict with or supersede,
§§ 405.00 and 270.00 of the New York State Penal Law
and, where applicable, shall regulate those areas specifically prescribed
to the authority of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
As defined in § 270.00 of the New York State Penal
Law (as amended).
A pyrotechnic or pyrotechnic company certified by the State
of New York, pursuant to the New York State General Business Law and
Article 16 of the New York State Labor Law (as amended), in the handling,
storage and discharge of fireworks.
For purposes of this chapter, a permit issued by the permitting
authority for the public display and discharge of fireworks in accordance
with the requirements set forth by this chapter and as provided for
in the application materials provided by the Village.
For purposes of this chapter, the Village Police Chief, who
shall review applications for fireworks displays and, in consultation
with the Village Fire Chief, issue or deny permits in connection therewith.
For purposes of this chapter, any person, company, municipality,
fair association, or other legal entity applying for a permit for
the discharge and display of fireworks.
A.
No storage of fireworks, or public or private fireworks display,
shall be conducted in the Village unless a valid permit for such storage
and/or display is first issued by the permitting authority pursuant
to this chapter.
B.
No person or other legal entity shall conduct an indoor fireworks
display in the Village.
C.
No public fireworks display shall be conducted in the Village on
a lot containing a two-family or multiunit dwelling as its principal
use.
D.
A permit issued pursuant to this chapter shall not be transferable
to any other party.
A.
Information required; filing deadline; fee.
(1)
The application for a permit pursuant to this chapter shall contain
at least the following information, and supporting documents, on a
form provided by the Village:
(a)
The name of the sponsor and the names of the operators who shall
possess valid certificates of competence as pyrotechnicians as required
under the New York State General Business Law and Article 16 of the
New York State Labor Law. The permit application shall further contain
a verified statement from the sponsor identifying the operators, who
are authorized to fire the display, including their certificate numbers,
and that such operators possess valid certificates of competence as
pyrotechnicians.
(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 number and kind of fireworks to be discharged;
(e)
The manner and place of storage of the fireworks prior to the
display;
(f)
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; and
(g)
Such other information as the permitting authority prescribes
as necessary for the evaluation and determination of a fireworks permit
application.
(2)
Such application shall be filed with the permitting authority no
less than 30 calendar days before the date on which the proposed fireworks
display is to take place. Such application shall be accompanied by
a nonrefundable fee as set forth in the Village fee schedule on file
in the Village Clerk's office.
B.
Bond or insurance.
(1)
Before granting and issuing a permit for the display of fireworks
as herein provided, the permitting authority shall require an adequate
bond from the sponsor (unless it is a state entity, or a city, town
or village), in a sum to be fixed by the permitting authority, which,
however, shall not be less than $1,000,000, conditioned for the payment
of all damages which may be caused to a person, persons, or to property
by reason of the display so permitted and arising from any acts or
omissions of the sponsor, operator, or any agent, employee, contractor,
or subcontractor thereof. A certificate evidencing the purchase of
the bond shall be provided to the Village prior to the date of any
proposed fireworks display.
(2)
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 would be predicated
and for the purposes provided in this section. Such indemnity insurance
policy shall name the Village of Croton-on-Hudson as an additional
insured. A certificate evidencing the policy shall be submitted to
the Village prior to the date of any proposed fireworks display.
C.
Upon receipt of an application for a fireworks permit, the permitting
authority shall review the application contents, consult with the
Village Fire Chief, and determine whether such application is in conformity
with the requirements of this chapter. The permitting authority shall
not unreasonably withhold granting of a permit.
D.
Denial of an application for a permit shall be in writing, addressed
to the sponsor of the permit, setting forth the reasons for such denial.
If the permitting authority discovers that the sponsor has provided
intentionally misleading or false information in the application materials,
or that the sponsor or operator has otherwise violated any provision
of this chapter, he/she may deny or revoke the permit prior to the
date of the proposed fireworks display.
A.
Pursuant to New York State Penal Law § 405.00, there shall
be at least two state-certified operators constantly on duty during
the discharge of the fireworks display. In addition, at least two
approved-type fire extinguishers shall be kept within the actual display
area, which must be as widely separated as possible.
B.
Notice of the issuance of a fireworks permit shall be mailed not
less than seven days prior to the date of the fireworks display to
all owners of property abutting and within 200 feet of the property
for which such application is made at the expense of the applicant.
In addition, a legal notice shall be placed in the Village's
official newspaper, at the expense of the applicant, and the Village
shall cause to be published a notice of the fireworks display on the
Village's communication channels, including, but not limited
to, the Village website, cable access channel and social media accounts.
C.
The Village reserves the right to have a representative(s) of the
permitting authority, the Village Fire Department, or other appropriate
Village representative(s) attend any fireworks display for which a
permit is issued.
D.
The sponsor and operator shall have all permits available and ready
for inspection on-site before and during the execution of the fireworks
display.
E.
No smoking shall be permitted within 200 feet of any area where fireworks
or other related materials are being temporarily stored.
F.
All debris resulting from the fireworks display shall be promptly
collected and properly disposed of by the operator in the manner prescribed
by state law.
A.
Any person, legal entity, sponsor, or operator committing an offense
against this chapter shall be subject to the penalties of Article
270 of the New York State Penal Law, and § 405.05 of the
New York State Penal Law concerning seizure of fireworks.
B.
Notwithstanding any conviction(s) for violation of state law, violation
of this chapter shall constitute a violation of the Village Code,
subject to a fine of $250 and revocation of any and all permits issued
pursuant to this chapter. Any such violation will also be considered
in determining whether future permits under this chapter should be
issued to the same sponsor and/or operator.
C.
The provisions of this chapter shall be enforced by the Village Police
Department of the Village of Croton-on-Hudson, Code Enforcement Officers
of the Village of Croton-on-Hudson, or other officials designated
by the Village Manager.
In the event any section, subsection, paragraph, or clause of
this chapter is in conflict with § 405 or § 270
of the State Penal Law, the provisions of the Penal Law are deemed
to be incorporated herein and will control.
