2006 New York Code - Permits For Public Displays Of Fireworks.

 
  § 405.00 Permits for public displays of fireworks.
    1.  Definition  of "permit authority." The term "permit authority," as
  used in this section, means and includes the agency authorized to  grant
  and  issue  the  permits  provided  in this section, which agency in the
  territory within a state park shall be the state agency  having  custody
  and  control thereof, in the territory within a county park shall be the
  county park  commission,  or  such  other  agency  having  jurisdiction,
  control  and/or  operation  of  the  parks  or parkways within which any
  fireworks are to be displayed, in a city shall be the  duly  constituted
  licensing agency thereof and, in the absence of such agency, shall be an
  officer designated for the purpose by the legislative body thereof, in a
  village  shall  be an officer designated for the purpose by the board of
  trustees thereof and in the territory of  a  town  outside  of  villages
  shall  be  an  officer  designated  for  the  purpose  by the town board
  thereof.
    2. Permits for public  displays.  Notwithstanding  the  provisions  of
  section 270.00, the permit authority of a state park, county park, city,
  village  or town may upon application in writing, grant a permit for the
  public  display  of  fireworks  by  municipalities,  fair  associations,
  amusement  parks  or  organizations  of individuals. 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 of the 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  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 permit authority may deem  necessary
  to protect persons or property.
    3.  Applications  for  permits.  All  applications for permits for the
  public display of fireworks shall be made at least five days in  advance
  of  the date of the display and the permit shall contain provisions that
  the actual point at which the fireworks are to  be  fired  shall  be  at
  least  two  hundred  feet  from  the  nearest permanent building, public
  highway or railroad or other means of travel and  at  least  fifty  feet
  from the nearest above ground telephone or telegraph line, tree or other
  overhead  obstruction,  that  the  audience  at  such  display  shall be
  restrained behind lines at least one hundred and  fifty  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,  that  all
  fireworks  that fire a projectile shall be so set up that the projectile
  will go into the air as nearby 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, that 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, that no fireworks display  shall
  be  held  during  any wind storm in which the wind reaches a velocity of
  more than thirty miles per hour, that all the persons in  actual  charge
  of  firing  the  fireworks  shall  be  over  the  age of eighteen years,
  competent and physically fit for the task, that there shall be at  least
  two  such  operators constantly on duty during the discharge and that at
  least two sodaacid or other approved type fire extinguishers of at least
  two and one-half gallons capacity  each  shall  be  kept  at  as  widely
  separated  points as possible within the actual area of the display. The
  legislative body of a state park, county park, city, village or town may
  provide for approval of such permit by the head of the  police  or  fire
  department  or  both where there are such departments. No permit granted
  and issued hereunder shall be transferable. After such permit shall have
  been granted, sales, possession, use and distribution of  fireworks  for
  such display shall be lawful solely therefor.
    3-a.  Notwithstanding  the  provisions  of  subdivision  three of this
  section, no permit  may  be  issued  to  conduct  a  public  display  of
  fireworks  upon any property where the boundary line of such property is
  less than five hundred yards from the  boundary  line  of  any  property
  which  is  owned,  leased  or  operated  by  any  breeder  as defined in
  subdivision four of  section  two  hundred  forty-four  of  the  racing,
  pari-mutuel wagering and breeding law.
    4. Bonds. Before granting and issuing a permit for a public display of
  fireworks  as  herein  provided,  the  permit authority shall require an
  adequate bond from the applicant therefor, unless it is  a  state  park,
  county  park,  city,  village  or  town,  or  from  the person to whom a
  contract for such display shall be awarded, in a sum to be fixed by  the
  permit  authority,  which, however, shall not be less than five thousand
  dollars, conditioned for 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
  state  park,  county  park, city, village or town in which the permit is
  granted and issued 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 permit authority 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.
    5.  Local  ordinances  superseded.  All local ordinances regulating or
  prohibiting the display  of  fireworks  are  hereby  superseded  by  the
  provisions  of  this section. Every city, town or village shall have the
  power to enact ordinances or local laws regulating  or  prohibiting  the
  use,  or the storage, transportation or sale for use of fireworks in the
  preparation for or in connection with television broadcasts.