§ 173-4. 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 Town:

(a) 

The name of the sponsor;

(b) 

The name of the state-certified operator hired to conduct the display;

(c) 

All assistants who will work with/for the operator in executing the fireworks display for which the permit is sought;

(d) 

A verified statement from the sponsor identifying the operator, accompanied by copies of all certificates demonstrating competence as a state-certified operator; such certificates shall include:

[1] 

A copy of the operator's United States Department of Transportation hazardous material certificate of registration;

[2] 

A copy of the operator's United States Treasury Department, Bureau of Alcohol, Tobacco and Firearms explosives permit;

[3] 

A copy of the operator's New York State Department of Labor, Division of Safety and Health license to deal in or manufacture explosives; and

[4] 

Copies of the licenses of the individual assistants who will assist the operator in execution of the fireworks display.

(e) 

The date and time on which the display is to be made;

(f) 

The number and kind of fireworks;

(g) 

The manner and place of storage of the fireworks under the display date.

(h) 

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;

(i) 

Such other information as the permitting authority or Town of North Castle Police Department 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 Town of North Castle Master Fee Schedule on file in the Town 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 park, or a city, town or village, which shall not be less than $1,000,000, conditioned for the payment of all damages which may be caused to a person or to the property of a person or legal entity by reason of the display 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 Town prior to the date of any proposed fireworks display.

(2) 

The Town 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 Town of North Castle, and its agents, officers, directors and employees, as an additional insured. A certificate evidencing the purchase of the policy shall be submitted to the Town 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 Town of North Castle Police Department and determine whether such application is in conformity with the requirements of this chapter.

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.

E. 

The nonrefundable fee for submission of a fireworks display permit application shall be as set forth in the Town Master Fee Schedule.