§132D-16  Permit for display.  (a)  Anyperson desiring to set off, ignite, or discharge aerial devices, displayfireworks, or articles pyrotechnic for a display shall apply to, and obtain apermit as required by section 132D-10, from the county not less than twentydays before the date of the display.

(b)  The application shall state, among otherthings:

(1)  The name, age, and address of the applicant;

(2)  The name, age, and address of the person who willoperate the display, and verification that the person is a licensed pyrotechnicoperator;

(3)  The time, date, and place of the display;

(4)  The type and quantity of aerial devices, displayfireworks, or articles pyrotechnic to be displayed; and

(5)  The purpose or occasion for which the display isto be presented.

(c)  No permit shall be issued under thissection unless the applicant presents, at the applicant's option, either:

(1)  A written certificate of an insurance carrier,which has been issued to or for the benefit of the applicant, or a policyproviding for the payment of damages in the amount of not less than $5,000 forinjury to, or death of, any one person, and subject to the foregoing limitationfor one person; in the amount of not less than $10,000 for injury to, or deathof, two or more persons; and in the amount of not less than $5,000 for damageto property, caused by reason of the authorized display and arising from anytortious acts or negligence of the permittee, the permittee's agents,employees, or subcontractors.  The certificate shall state that the policy isin full force and effect and will continue to be in full force and effect fornot less than ten days after the date of the display; or

(2)  The bond of a surety company duly authorized totransact business within the State, or a bond with not less than two individualsureties who together have assets in the State equal in value to not less thantwice the amount of the bond, or a deposit of cash, in the amount of not lessthan $10,000 conditioned upon the payment of all damages that may be caused toany person or property by reason of the authorized display and arising from anytortious acts or negligence of the permittee, the permittee's agents,employees, or subcontractors.  The security shall continue to be in full forceand effect for not less than ten days after the date of the display.

The county may require coverage in amountsgreater than the minimum amounts set forth in paragraph (1) or (2) if deemednecessary or desirable in consideration of such factors as the location andscale of the display, the type of aerial devices, display fireworks, orarticles pyrotechnic to be used, and the number of spectators expected.

(d)  The county, pursuant to duly adoptedrules, shall issue the permit after being satisfied that the requirements ofsubsection (c) have been met, the display will be handled by a pyrotechnicoperator duly licensed by the State, the display will not be hazardous toproperty, and the display will not endanger human life.  The permit shallauthorize the holder to display aerial devices, display fireworks, or articlespyrotechnic only at the place and during the time set forth therein, and toacquire and possess the specified aerial devices, display fireworks, orarticles pyrotechnic between the date of the issuance of the permit and thetime during which the display of those aerial devices, display fireworks, orarticles pyrotechnic is authorized. [L 1994, c 180, pt of §1; am L 2000, c 233,§13; am L 2006, c 183, §17; am L 2007, c 9, §5]