S T A T E O F N E W Y O R K
________________________________________________________________________
4019
2009-2010 Regular Sessions
I N S E N A T E
April 7, 2009
___________
Introduced by Sen. WINNER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law and the penal law, in relation to the
issuance of permits for the use of fireworks and pyrotechnics on state
property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 19 of section 156 of the executive law, as
renumbered by chapter 615 of the laws of 2006, is renumbered subdivision
20 and a new subdivision 19 is added to read as follows:
19. ISSUE PERMITS AND ENFORCE THE PROVISIONS OF ARTICLE FOUR HUNDRED
FIVE OF THE PENAL LAW FOR THE PUBLIC DISPLAY OF FIREWORKS AND INDOOR
PYROTECHNICS ON OR WITHIN STATE PROPERTY.
S 2. Section 405.00 of the penal law, subdivision 1 as amended by
chapter 661 of the laws of 1972 and subdivision 3-a as added by chapter
151 of the laws of 2002, is amended to read as follows:
S 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] ON OR WITHIN STATE PROPERTY SHALL BE THE OFFICE OF
FIRE PREVENTION AND CONTROL, 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 fire-
works 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11004-01-9
S. 4019 2
shall be an officer designated for the purpose by the town board there-
of.
2. Permits for public displays. Notwithstanding the provisions of
section 270.00, the permit authority of [a] state [park] PROPERTY, coun-
ty park, city, village or town may upon application in writing, grant a
permit for the public display of fireworks by municipalities, fair asso-
ciations, amusement parks or organizations of individuals. The applica-
tion 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 show-
ing 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 high-
way 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 partic-
ular 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 STATE FIRE
ADMINISTRATOR OR 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 transfera-
S. 4019 3
ble. 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 fire-
works 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] FIFTY-ONE 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]
PROPERTY, 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 thou-
sand 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 liabil-
ity coverage and indemnity protection equivalent to the terms and condi-
tions 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.
S 3. Paragraph n of subdivision 1 and subdivision 4 of section 405.10
of the penal law, as added by chapter 584 of the laws of 2003, are
amended to read as follows:
n. Permit authority. The agency authorized to grant and issue the
permits provided for in this section, [which agency in the territory
within a state park shall be the state agency having custody and control
thereof] ON OR WITHIN STATE PROPERTY SHALL BE THE OFFICE OF FIRE
PREVENTION AND CONTROL, 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
pyrotechnics are to be used, 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 there-
of.
4. Bonds. Before granting and issuing a permit for a use of pyrotech-
nics as provided in this section, the permit authority shall require an
S. 4019 4
adequate bond from the applicant therefor, unless such applicant is [a]
state [park] PROPERTY, county park, city, village, or town, or from the
person to whom a contract for such use shall be awarded, in a sum to be
fixed by the permit authority, which, however, shall not be less than
five hundred 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 use so permitted and arising from any acts of the permit-
tee, his or her agents, employees, contractors, or subcontractors. Such
bond shall run to the owner of the facility for 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 liabil-
ity coverage and indemnity protection equivalent to the terms and condi-
tions upon which such bond is predicated and for the purposes herein
provided.
S 4. This act shall take effect immediately.