Chapter 127

§ 127-1. Findings and purpose. 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, §§ 405.0 and 270.0 of the New York State Penal Law and, where applicable, shall regulate those areas specifically prescribed to the authority of the Village. § 127-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: FIREWORKS — As defined in § 270.0 of the New York State Penal Law (as amended). OPERATOR — A pyrotechnic or pyrotechnic company certified by the State of New York, pursuant to the New York State General Business Law and Article 1 of the New York State Labor Law (as amended), in the handling, storage and discharge of fireworks. PERMIT — 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. PERMITTING AUTHORITY — 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. SPONSOR — 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. § 127-3. General restrictions; permit required. 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. § 127-4. Application procedures. 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 1 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. § 127-5. Revocation of permit. 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. § 127-6. Additional requirements. 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 § 127-6 FIREWORKS by the operator in the manner prescribed by state law. § 127-7. Penalties for offenses. A. Any person, legal entity, sponsor, or operator committing an offense against this chapter shall be subject to the penalties of Article of the New York State Penal Law, and § 405.0 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 $2 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. § 127-8. Conflict with state law. In the event any section, subsection, paragraph, or clause of this chapter is in conflict with § 4 or § 2 of the State Penal Law, the provisions of the Penal Law are deemed to be incorporated herein and will control. CROTON-ON-HUDSON CODE § 129-2