§ 30-133. Sale and discharge., Article XXIII. Fireworks, Chapter 30. Fire Prevention, Code of Ordinances, Brookhaven

Except as hereinafter provided, it shall be unlawful for any person to store, offer concerning sale, expose for sale, sell at retail or use or explode any fireworks, provided that the Chief Fire Marshal shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by the municipality, fair associations, amusement parks and other fraternal or service organizations. Every such display shall be handled by a competent operator approved by the Fire Marshal of the municipality and shall be of such a character and so located, discharged or fired as, in the opinion of the Chief Fire Marshal, after proper inspection, shall not be hazardous to property or endanger any person.

Application for a permit shall be made in writing at least five days in advance of the date of display. After such a privilege shall have been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

No permit authorizing the display of fireworks shall be granted unless the applicant thereto furnishes evidence of commercial general liability insurance with a general aggregate limit of not less than $4,000,000, an occurrence limit of not less than $2,000,000.

[Amended 6-7-1988 by L.L. No. 12-1988; 9-8-1994 by L.L. No. 8-1994, effective 9-16-1994]

No permit authorizing the display of fireworks shall be granted unless the Town of Brookhaven is named insured under the required commercial general liability insurance, and such policy shall be noncancelable without 10 days' prior written notice to the Town of Brookhaven.

[Amended 6-7-1988 by L.L. No. 12-1988]

The display of fireworks shall be in accordance with the appropriate standards of the NFPA as well as the specifications set forth in the New York State Penal Law. If any conflict exists in the requirements, the more restrictive requirement shall take precedence.