S T A T E   O F   N E W   Y O R K
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                                  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.