§ 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. (a) 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.
(b) Further, no city or county shall be bound to include "sparkling
device" in the definitions of "fireworks" and "dangerous fireworks" in
section 270.00 of this chapter, if such city or county shall so author-
ize the exemption of "sparkling device" by law. If any such city or
county so elects, it and such other local jurisdictions that lie within
its geographical boundaries shall not enact any other local law that is
inconsistent with the provisions of subparagraph (iv) of paragraph (c)
of subdivision one of section 270.00 of this chapter, nor to regulate
sparkling devices in a manner that is in conflict with the provisions of
NFPA 1124, 2006 edition.
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