Loading...
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