329.93
RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY
RESOLUTION NO.: 329, 93
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town of Queensbury is desirous of contracting
with Michael J. Young/Torrington Explosives to conduct a fireworks
display as follows:
SPONSOR: Town of Queensbury
PLACE: West Glens Falls Fireman's Field
DATE: July 4, 1993
TIME: 9:30 P.M. (approx.)
NOW, THEREFORE, BE IT
RESOLVED, that the Town Clerk, in accordance with the Penal
Law of the State of New York, Section 405, is hereby authorized to
issue a permit subject to the following conditions:
A. An application for permit be filed which sets forth:
1. 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.
2. The date and time of day at which the display is to be
held.
3. The exact location planned for the display.
4. The age, experience and physical characteristics of the
persons who are to do the actual discharging of the fireworks.
5. The number and kind of fireworks to be discharged.
6. The manner and place of storage of such fireworks prior
to the display.
7. 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.
B. 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;
C. Inspections and approval must be made by the Queensbury
Fire Marshal and the Chief of West Glens Falls Volunteer Fire Co.,
Inc.,
D. Cleanup 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 of the Town of Queensbury shall, pursuant to the Penal
Law of the State of New York, Section 405, provides:
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, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor on behalf of the Town Board
of the Town of Queensbury is hereby authorized to execute a
contract between Michael J. Young/Torrington Explosives for the
fireworks demonstration, the form of the contract to be approved by
the Town Attorney and the amount of the contract not-to-exceed four
thousand five hundred ($4,500.00) dollars to be paid for from
account no.: 001-7550-4400, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
authorizes payment of $800.00 to Michael J. Young/Torrington
Explosives up front, with the balance of $3,700.00 to be paid 15
days after the fireworks display, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby requests that with the
first payment, Michael J. Young/Torrington Explosives, furnish the
Town with a Certificate of Insurance in the amount of $1 million
dollars, with the Town of Queensbury being named as an additional
insured on the Certificate and the insurance certificate indicating
that there is insurance coverage on a Hold Harmless Clause which
shall protect the Town of Queensbury.
Duly adopted this 7th day of June, 1993, by the following
vote:
AYES: Mrs. Goetz, Mr. Tucker, Mrs. Monahan, Mr. Brandt
NOES: Mr. Caimano
ABSENT:None