As used in this article, the following terms
shall have the meanings indicated:
Includes any combustible or explosive combination or any
substance or composition or combination of substances or article prepared
for the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation, and shall include blank cartridges,
toy pistols, toy cannons, toy canes or toy guns in which explosives
are used, the type of balloons which require fire underneath to propel
the same, firecrackers, torpedoes, skyrockets, roman candles, dago
bombs, sparklers or other devices of like construction and any devices
containing any explosive or flammable compound or any tablets or other
devices containing any explosive substance, except that the term "fireworks"
shall not include auto flares, paper caps containing not in excess
of an average of 0.25 of a grain of explosive content per cap and
toy pistols, toy canes, toy guns or other devices for the use of such
caps, the sale and use of which shall be permitted at all times.
A.
Except as hereinafter provided, it shall be unlawful
for any person to store, offer concerning sale, expose for sale, sell
at retail or use or explode any fireworks, provided that the Mayor
and Board of Trustees shall have the power to adopt reasonable rules
and regulations for the granting of permits for supervised public
displays of fireworks by the municipality, fair associations, amusement
parks and other fraternal or service organizations. Every such display
shall be handled by a competent operator approved by the Fire Marshal
of the municipality and shall be of such a character and so located,
discharged or fired as, in the opinion of the Fire Marshal, after
proper inspection, shall not be hazardous to property or endanger
any person.
B.
Application for a permit shall be made in writing
to the Mayor and Board of Trustees at least 45 days in advance of
the date of display. After such a privilege has been granted, the
sale, possession, use and distribution of fireworks for such display
shall be lawful for that purpose only. No permit granted hereunder
shall be transferable.
[Amended 3-10-1997 by L.L. No. 2-1997]
C.
No permit authorizing the display of fireworks shall
be granted unless the applicant thereto furnishes evidence of commercial
general liability insurance with a general aggregate limit of not
less than $4,000,000, 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.
D.
No permit authorizing the display of fireworks shall
be granted unless the Village of Port Jefferson is named insured under
the required commercial general liability insurance, and such policy
shall be noncancelable without 10 days' prior written notice to the
Village of Port Jefferson.
E.
The display of fireworks shall be in accordance with
the appropriate standards of the National Fire Protection Association
as well as the specifications set forth in the New York State Penal
Law. If any conflict exists in the requirements, the more restrictive
requirement shall take precedence.
A.
A permit shall be required for the manufacture, storage,
assembly and handling of any fireworks or pyrotechnic products.
B.
The manufacture, assembly, storage and handling of
fireworks or pyrotechnic products shall be in accordance with the
appropriate standards of the National Fire Protection Association.
