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305.2005 RESOLUTION AUTHORIZING THREE (3) FIREWORKS DISPLAYS AT GREAT ESCAPE THEME PARK RESOLUTION NO.: 305, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Time Warner, Inc., has requested permission to conduct three (3) fireworks displays as follows: SPONSOR : Time Warner, Inc. PLACE : Great Escape Theme Park ndrd DATES : Saturday, July 2, 2005 (Raindate: Sunday, July 3) thst Saturday, July 30, 2005 (Raindate: Sunday, July 31) thth Saturday, August 13, 2005 (Raindate: Sunday, August 14) TIME: 9:30 P.M. (approximately) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk, § in accordance with New York State Penal Law 405, to issue fireworks permits to Alonzo Fireworks Display, Inc., on behalf of Time Warner, Inc., subject to the following conditions: 1.Alonzo Fireworks, Inc., obtaining its valid fireworks license from New York State prior to the fireworks displays; 2.Alonzo Fireworks, Inc., filing application(s) for permit(s) which set forth: A. The name of the body sponsoring the displays and the names of the persons actually to be in charge of the firing of the displays. 1 B. The date and time of day at which the displays are to be held. C. The exact location planned for the displays. 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 displays. G. A diagram of the grounds on which the displays are 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. 3. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 4. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Queensbury Central Volunteer Fire Company, Inc., 5. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance 2 with New York State Penal Law §405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway 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 (nearly) 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 particular 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 soda-acid or other approved type fire extinguisher 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. th Duly adopted this 20 day of June, 2005, by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Turner 3