The URL can be used to link to this page

Home My WebLink About1985~~ JUDITH T. TERRY TOWN CLERK uF.GISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF i1'HE TOWN CLERK TOWN OF SOUTHOLD July 17, 1991 Maureen Darcy, Claim Specialist CNA Insurance Companies 175 Pinelawn Road Melville, New York 11747 Re: Your File No.: Policyholder: Claimant: Date of Accident: Dear Ms. Darcy: 31-254499-X4 Southold Township Boyle 7/4/85 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 In response to your letter to July 10, 1991 requesting certain information with respect to the Boyle case, I am enclosing herewith the entire Fireworks Permit file, which should answer item #1. I am also enclosing a copy of the requirements, which is basically spelled out on the permit, which answers item #2. With respect to item #3, this office routinely notifies the Chief of the Southold Town Police Department when a permit of this type, or any permit which will cause a public gathering, is issued. If we can be of further assistance to you, please do not hesitate to contact me. Very truly yours, G~~~..~ti~%~%~i~ Judith T. Terry /~ Southold Town Clerk Enclosures 175 Pinelawn kaad Melville NY 11747 CNA INSURANCE COMPANIES Judish T. Terry Southold Town Clerk Southold Town Nall Main Road Southold, NY 11971 RE: Our File No.: Policyholder: Claimant: Date of Accident: Gentlemen: RKEIVED July l0, 1991 JUL 1 51991 31-254499-X4 Southold Township Voyle 7/4/85 Please be advised that we are the insurance carrier for the Southold Township and currently defending them in a case involving Robert, Daniel & Richard Boyle that occurred on 7/4/85. I have recently instructed my outside investigator to secure certain information from the town and he was advised by you that such information must be requested in writing from the company on our company stationery. Therefore would you please supply the fallowing information: 1. A copy of a permit request from the town of Southold which was filed by the Mattituck Parks Department. 2. Copies of all requirements imposed by the town of Southold which with regard to firework displays. 3. Any information that you have regarding the town of Southold's position that they undertake with regards to providing police or other supervisory personnel at such events as a fireworks display. We need all the above information to properly defend the town of Southold in the above action. Should you have questions regarding the above please feel free to contact the undersigned at (516) 845-7804. Very truly yours, cc: Ahmuty, Demers & McManus 200 IU Willets Rd. Alberston, NY 11507 . - Their File #: CNSC268BRJN Maureen Darcy Claim Specialist ,' (5161 845-7804 CL05B10.478/240 CNA Por All the Commltmenta You Mate" TONN OF SOUTIIOLD PERnIIT I'OR PUBLIC DISPLAY OF FIP.ENORKS I, JUDITH T. TERRY, Town Clerk of the Town of Southold, Suffolk County, New York, being an officer duly designated by the Town Board of the Town of Southold for this purpose, do hereby, GRANT TO [t4ATTITUCK FIRE DEPARTMENT A PERMIT FOR THE PUBLIC DISPLAY OF FIRENORKS by said organization ~'in accordance with the provisions of Section 405.00 of the Penal 'Law of the State of New York, on JULY 4, 1985 at 9:15 P.M._ I~ i ~~at the time and place set forth in the application therefor. ON q CONDITION THAT the bond (indemnity insurance) required shall continue in full force and effect in favor of the Town of Southold, 'and PROVIDED that the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest build- 'ing, public highway or raillroad or other means of travel, and at least fifty feet from the nearest above ground telephone or tele- ~'graph 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 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, then 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 fire- :.works display shall be held during any wind storm in which the rwind 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 constant• ~~ly on duty during the discharge and that at least two sodaacid or ';other approved type fire extinguishers of at least two and one- - .`.half gallons capacity each shall be kept at such widely separated i,points as possible within the actual area of the display.. II 'DATED: July ,3, 1985 ~ D TH T. TERRY, Town C1 k ~ Town of Southold, Suffol County, 'l New York. `S E A L ,~ I~ r ~~ ~ I ~~ ,.! ~/~,~ ~ ~~`i THIS PERMIT IS NOT TRANSFERRABLE. j' y (' ~~ - l~~ APPLICATION TO• JUDITH T. TERRY, TOWN CLERK, TOti~lf1 Or SOUTHOLD APPLICATION I5 HEREBY MADE, Pursuant to the pro- visions of Section 405.00 of the Penal Law of the State of New York, for a permit to display fireworks as hereinafter specified: The display is to be sponsored by ~~T.~~-~ ~Cc o }~ N~O rri~~ ~ Sr e h ~ r, with principal office at ln , .r . . i ~ , _ ~ ~ New York, and ~~`~ will be held on day month Q 19U~,at q~S - P.M. ATE ~ ~~l ~ ~ ~~~ _ hou : (.i. RAIN D r i The following persons are to be in charge of the actual shooting of the fireworks: Name ~ Experience Physical Condition /7 ~ e~iJrc i~0 ~L.!-S Number and type of fireworks is as follows: The fireworks will be stored in a covered truck prior to the shooting on the grounds. Attached hereto and made a part hereof is a diagram of the grounds on which the display is to be held. Also attached is the certificate or policy of insurance coverage.- Respectfully submitted, Dated: ~-l~/ •~ ~~S - at ~~~l`~O/2-- // ,~New~York. . ,~pR}1 t TERRY ~~ry P~,blic. State oT New Yak ~-p, 02.0344963 Suffolk Ca'rt~, .~,.-~ r . _~-----------P~ ht ~T MAtt ~~ ~~ pQa? - h- OTC..-- ~ ~-I/'v---~1~ (V~I~tT l tv~ (tiL~~• I~J~+~ ~ N "~it;~ ~.,'CY1:.:1 ~oA-~ D'JCEH Roy H. Reeve Agency Inc. Main Road PO Box 54 Mattituck, New York 11952 R:SURED Mattituck, Park District c/o Robert Graeb PO Box 908 Cutchogue, New York 11935 I I ~ r I r ~~. $~ '~ ^' 7/2/85 ' - . . .{9 ~ yas _ ~t t_ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORILATIJN 09LV AND CO`!FEF3 { ~='- I. NO RwHTS UPON THE CERTIFICATE MCLDER. TH!3 CE RTff KATE DOES IIOT AMEN;:. FFGRDED DY THE POLICIES EELGR. ~ _" P ~^ E%TENO OR ALTER THE COVERAGE A - , C06/PAC:IE,~i AFFORrJIClG C~tfcRAG~ i ~?': t ~ ~EnEFi Travelers Insurance Company --- .._.. . i ~I cG:+Fnvv F. 1 LEI TER ~' A COL1PAhV p I trF F-i ~ IETidi r:,~.-.I CG•'.+PANY ... I LETTE.i I C^"PANV ~• - LETTER ._. THIS IS TO CERTIFY THAT POLICIES OFINSURANCE LISTED BELOW HAVE DEEN ISSUED TO THE IrtSURED NAfhED !.ROVE FOR TP.E POLICY PFRIODINDICATED. r:OTWITHSTANDING ANV REOUIREh:ENT, TERM OR CONDITION Or ANY CONTRACT CR OTH'cR DI)CUdd.ENT 'KITH F.ESPCCT TO \VNICH T His CE RTIF!CATE r.1 P.Y EE ISSUED OR MAY PERTAIN, THE INSURANCE AF"rORDEO EY THE POLCIES OESCRL^._O MEF.EIf: IS SU'J_CT TO ALL TI1E TESF.fG, E):CLUSIONS, ArtD CONO!- TIONS OF SUCH POLICIES. I I I ~ r•, ~ I ~~ ~ ne I v L .ITS IN THOUSANDS f ~ ~r^I TYPE CF INSURANCE FGL'CV NU :18ER _S~ , „~,;. ~ • _ F ~.. _., I gGGp SATE ~ ~ .,. ,,^ GENERAL LIABILITY 1 8,,... v ~ ~c A ~ coMPREHENSIVE FoRta i 650-110F4982 9/24/84 9/24/85 INJUH~ ~ _ .u t I - -I x PREtdISE510PERATIONS 1 I PROH.r-v ~, I `-' U'IDERGROJND ~ DnMA ~` ' v S I I E%PLOSION 8 COLLAPSE HAZARD --- I ,,, lll PP,ODUCTSiCOF.1PLETED OPERATIONS ~~~}}}CCC CONTRACTUAL i I 91 E PD r cUMBINED i ~ 2,000 ~~ f?y S 2,000 INDEPENDENT CONTRACTORS ~I ~J-_ ~ I . ~- BROAD FOR\1 PROPERTY DAMAGE -9." ~ _ PERSOAAL INJURY I PEP.SO°:=.L INJURY ~ '~;T j A UTOMOBILE LIABILITY "'~ ' I ~:'y. ANY AUTO >a a=.a:7n $ c: ~ `~ ALL OWNED AUTOS (PRIN. PASS.) ?''cw ,~_ ALL OWNED AUTOS ~PR VRPASS~~ ~~:e aCC:.ES?. S .I~'. 4~ MIRED AUTO$ PROPERTV - ^-'} NON~OWNED AUTOS I I DArtucE S ,, v ~ GARAGE LIABILITY I I ~ el a PD r: F ~ I COMBINED S p'-« EXCESS LIABILITY l f ~ UhBRELLA FORM i 91aPD GOrt+9iNED S '``-. S . - ` OTHER THAN UMBRELLA FORM STATUTORY ~~=~ ~ WORKERS' COMPENSATION S IEACH ACC:OENTI -'~` AND S IOISEASEPOLICV LIM11) ~;; EMPLOYERS' LIABILITY ~ IOiSEASE-EACH EMPLOYEE) ` OTHER ( R S DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEh15 Additional insured Southold Town ~~ ' July 4th Fireworks Display ~~' ~.~; t - i SHOULD ANV OF THE ABOVE DESCRIBED POLICIES 6E CANCELLED BEFORE THE EX `TOWR of Southold PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ~~,.'~' Main Road MAIL ],D DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE ;~*~: LEFT, BUT r' RE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ' Southold, New York 11971 OF ANV .JD JPON THE C P ,ITS AGENTS OR REPRESENTATIVES. ' j ,~;`~AUTHORi .cPRESENT ,'+~~ n April 2, 1985 Mattituck Fire Department 1400 West View Drive Mattituck, ,7 ]]952 ATT: Jeff Strom Dear Mr. Strong: Enclosed please find a contract. Please review, sign, and return both copies of the contract, ccmplete with a 307 deposit. I will then sien it and return the yellow copy to you. A proposal is also enclosed for your review. Sincerely, 1 Butler Director of Sales Enc. PB/ctp N.Y. Pyrotechnic Products Co., Inc. Association Road __ Bellport, New York 11713 (516) 286-0088 Outside N.Y. Slate (800) 227-0088 FIREVJORKS BY 1 nnnrn n~. rvr~ ~`!S In~!c ...:J -.M _... J 1. Experienced Pyrotechnicians - 2 a. The DVrpteChnlCldns will erec*_ and fire the display. b. The pyrotechnicians will be licensed by the State o' 'Jew York and the Federal government. C. The nyrotechnicians have had over 5 years ex- perience and have been *_r ained by the iJew York Pyrotechnic Products Co. Inc. of Dellport, IJew York. d. The oyrotechnicians will meet all 'Aorkmen's Compensation :.aws of the State of Slew York. 2. Insurance Coverage a. 5 h'illion dollar coverage for bodily injury. Y b. 5 "4illion dollar coverage for property damage. c. This is a reputahle American company. 3. Transpor*_ation a. Gireworks b. Mortars c. Delivery truck will meet 'io±or Vehicle Laws of the State. ~ .~ SCENE I Opening Dedication Suddenly the night sky noise and a kaleidosco 24 - 6" 48 - 6" 24 - 9" 2 - 12" 1 - 15" 1 - 18" erupts with a thunderous barrage of pe of colorful bursts. Titanium Flash Salutes Fancy Star Shells Titanium Flash Salutes Fancy Star Shells Color Shells Chrysanthemums i Command Firing ~ The audience is now mesmerized by the intensity of your Opening Dedication. We now paint the night sky with beautiful Chrysanthemums, Peonys, Serpents, and still more heavy reports. The bursts will now become larger and an assortment of Grucci Special Effect shells will be displayed. 19 - 9" Fancy Star Shells 15 - 15" Elite Shells 10 - 12" Fancy Star Shells 7 - 18" Fancy Star Shells 5 - 12" Multi Breaks 6 - 18" Special Effect 5 - 12" Special Effects 6 - 18" Elite Shells 15 - 15" Fancy Star Shells 1 SCENE III The Grand Finale ~~~ To highlight this spectacular display, we now shoot our World Famous Grand Finale! The start of the finale will be beautiful burst of red to white then to blue. As the sky becomes saturated with color, we increase the noise level. Just when the audience thinks they have seen it all, we release our special earthshaking Titanium Salutes! The intensity of noise at this point is incredible. Finally, we end the pageant with a brilliant 24" Grucci Special Effect Shell. 72 - 6" Red, Nhite and Blue Fancy Star Shells 36 - 9" Fancy Star Shells 36 - 9" Heavy Flash Salutes 96 - 9" Heavy Titanium Salutes 4 - 9" Fancy Star Shells 3 - 15" Multi Break Shells 3 - 18" Elite Shells 1 - 24" Grucci Special Effect Shell ~~ ~ r~ . 1 bY'\,1'~J i S FANCY t°.CL~. S?ECIAL E~:TE. FLAS4 STAR SHELLS 4REAK E=r~CTS SHELLS SAW TES TOTAL ~ 6 ~~ 120 - - 9 ~~ 19 - - i2" 12 5 5 15" 15 3 1 la" 7 - 10 24" - _ ~ _ 177 ~s 16 - 24 144 - 155 175 - - 26 i5 - 34 6 - 23 1 - 1 ---- ----- ----- 22 i80 403 Total Shells: 403 Total Production Cost: 55,000.00 JUDITH T. TERRY Southold Town Clerk .,>~S~EFOG~~~ O ~ ~f'p1 ~ ~~O Town Hall, 53095 P+1ain P. O. Box 1179 Southold, New York Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD INSTRUCTIONS FOR DISPLAY OF FIREWORKS 1. Name of body sponsoring fireworks display. 2. The date and time of day at which the fireworks display is to be held. 3. The exact location planned for the fireworks display. 4. The age, experience and physical characterics of the persons who are to do the actual discharging of the fireworks. f 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 location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 8. Such other information as the Southold Town Clerk may deem necessary to protect persons and property. 9. An indemnity insurance policy with liability coverage and indemnity protection of $1,000,000.00 per person for bodily injury; $1,000,000.00 per accident; $1,000,000.00 property damage. 10. The Town Clerk of the Town of Southold must have the insurance policy in her possession before fireworks permit is issued. The named insured must read: TOWN OF SOUTHOLD. 11. Application for a fireworks permit must be made at least five days in advance of the date of the fireworks display. Road 11971 (The above instructions are in accordance with the Penal Law, Article 405 - Licensing and other provisions relating to fireworks.) § 405.00 PENAL LAW Pt. 4 ARTICLE 405-LICENSING AND OTHER PROVISIONS RELATING TO FIREWORKS ` Sec. 405.00 Permits for public displays of fireworks. 405.05 Seizure and destruction of fireworks. Practice Commentary B~ Arnold D. HecTatmon This Article was derived, without change from former Penal Law § 1894-all-b), (3), (4), (5), (9), (10). § 40$.00 Permits for public displays of fireworks 1. Definition of "permit authority." The term "permit au• thority," as used in this section, means and includes the agency authorized.to grant and issue the permits provided in this sec- tion, which agency in the territory within a state park shall be the state agency having custody and control thereof, in the ter- ritory within a county park shall be the county park commis- sion, or such other agency having jurisdiction, control and/or operation of the parks or parkways within which any fireworks are to be displayed, in a city shall be the duly constituted licens- ing agency thereof and, in the absence of such agency, shall be an officer designated for the purpose by the legislative body thereof, in a village shall be an officer designated for the pur- pose by the board of trustees thereof and in the territory of a town outside of villages shall be an officer designated for the purpose by the town board thereof. 2. Permits for public displays. Notwithstanding the provi- sions of section 270.00, the permit authority of a state park, county park, city, village or town may upon application in writ- ing, grant a permit for the public display of fireworks by munic- ipalities, fair associations, amusement parks or organizations of individuals. The application for such permit shall set forth: (a) 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. (b) The date and time of day at which the display is to be held. (c) The exact location planned for the display. 562 \\ Title W FIREWORKS § 405.00 (d) The age, experience and physical characteristics of the persons who are to do the actual discharging of the fire- works. (e) The number and kind of fireworks to be discharged. (f) The manner and place of storage of such fireworks prior to the display. (g) 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, tele- graph or telephone lines or other overhead obstructions. (h) Such other information as the permit authority may deem necessary to protect persons or property. 3. Applications for permits. All applications for permits for the public display of fireworks shall be made at least five days in advance of the date of the display and the permit shall con- tain provisions that 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 )he 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 ' 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 maybe 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 away 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 fire- works 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 sodaacid or other approved type fire extinguishers 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 563 ,\ 4OS.OO PENAL LAw Pt. the display. The legislative body of a state park, county park, city, village or town may provide for approval of such permit by the head of the police or fire department or both where there are such departments. No permit granted and issued hereunder shall be transferable. After such permit shall have been grant- ed, sales, possession, use and distribution of fireworks for such display shall be lawful solely therefor. 4. Bonds. Before granting and issuing a permit for a public display of fireworks as herein provided, the permit authority shall require an adequate bond from the applicant therefor, un- less it is a state park, county park, city, village or town, or from the person to whom a contract for such display shall be award- ed, in a sum to be fixed by the permit authority, which, how- ever, shall not be less than five thousand dollars, conditioned for the payment of all damages, which may be caused to a person or persons or to property, by reason of the display so permitted and arising from any acts of the permittee, his agents, em- ployees, contractors or subcontractors. Such bond shall run to the state park, county park, city, village or town in which the permit is granted and issued and shall be for the use and benefit of any person or persons or any owner or owners of any proper- ty so injured or damaged, and such person or persons or such owner or owners are hereby authorized to maintain an action thereon, which right of action also shall accrue to the heirs, ex- ecutors, administrators, successors or assigns of such person or persons or such owner or owners. The permit authority may accept, in lieu of such bond, an indemnity insurance policy with liability coverage and indemnity protection equivalent to the terms and conditions upon which such bond is predicated and for the purposes herein provided. 5. Local ordinances superseded. A]1 local ordinances regu- lating or prohibiting the display of fireworks are hereby su- pel•seded by the provisions of this section. Every city, town or village shall have the power to enact ordinances or -local laws regulating or prohibiting the use, or the storage, transportation or sale for use of fireworks in the preparation for or in connec- tion with television broadcasts. L.1005, c. 1030; amended L.10i2, c. 661, § 0. t So in original. Probably should Le "nearly." Historical Note 1972 Amendment. Subd. 1. L.1Di^_, :uW control thereof" fur "regional c. 661, ¢ 9, eff. Sep[. i, 10i2, subs[i- st:ae park wnunission" ;uW "[or the toted ".tote agency pacing custody purpose by the legishuice body" for 564 'i•(tle w FIREWORKS § 405.00 ~Yor the purpose of the legislative body., Derivation. Penal Law 1009 § 1~JI-a. I'or history of said section 1SDi-u, see derivation note tinder sec- tion 270.00. Library ReYereneea F;xplosives b2, :3. C.J.S. Explosives §§ 1, 3. United Statea Coda Annotated r:wspor[ution of fireworks into state prohibiting sole or nse, see sec[imt 83C of Title 18, Crimes and Criminal Procedure. Notea oY Deciaiona audience restraints 2 F.entl or insurance 3 Consideration of application 4 N emit authority I ?ersons authorized to exhihit fire- ;aorks 5 Frivate fireworeworks display 6 !. Permit authority R'here site of fireworks exhibition was owned by town, but site was wholly contained within geographical confines of village, the village was the permit authority, that is, [he ^gency authorized to grant and issne Permits for fireworks display. Rill v. Chiard la, 1060, 50 J[isc.2d 105, 269 \S.S 2d 73C, modified on other grounds 311 A.D.2d 852, Y9:3 N.Y.S.2d 1, affirmed 25 N.Y?d 702, 306 N.Y.S. ""-d 955, Ya5 N.E °d 183. 2. Autlience restraints ]tequiremeut of ['coal Luw ]06t1 § 18!1+-u [lint audience at fireworks display be restrained behind lines a[ hvwt 1JO feet from point nt which fircwm•ks arc discharged does not constiUt[e Iegislutive declaration that uu unmicipality can be liable if crowd bnn•icudes are shown on appli- cation for permit ;ts at leas[ 150 feet from ['iren'orks, 1.i0 feM requirement is nacre rough guideline for muuici- P;dity m use iu rnnsideriug public safet}• nod if that distance would not bo sufficient to accomplish deli red results, i[ is iucumben[ upon numici- Unli[y m find safe Uistunce before :d- lowiug permit [o issue. hill v. Chi- :u•ellu, 1960, 511 yliac.2d 1U5, 269 N.Y. S?d 730, modified on other grounds 30 A.D.2d 552, 293 N.T.S °d 1, af- firmed 25 N.Y.2d 702, 306 N.Y.S.2d 955, 2Sa N.E.2d 183. 3. Bond or insurance No one other than permit authority must rewire bond before granting and issuing permit for public display of fireworks. Rill v. Chinrella, 1966, 50 Jlisc.2d 105, 2C9 N.Y".S:?d 736, modified on other grounds 30 A.D.'Ld 852, 293 N.Y.S.2d 1, affirmed 25 N.Y. 2d 702, 30C N.T.S:?tl 955, ^_55 N.E ?d 153. That perm N. authority accepted policy written by foreign cogtorntion in Connection with issu:mce of permit for public display of fireworks did not viohtte Penal Law 1009 § 189-I-u, requiring penui[ nn[hority [o require adequate bond or liability coverage before gr:tu[ing permit, inasmuch us such corporation was subject [o suit in New York's courts and might be served Uursuant to provisions of Lt- snr:u:ce Luw :utd there was no ex- press or implicit larovision in [he sec- tion requiring insurer to be doums[ic corpont[iou. Id. Provision of Penal Law 19U!1 4 159-k-u that, before granting and issuing permit for public display of fireworks, Ixrmi[ :udhori[y Shull. re- quire adequate bond or liability cor- crage from npplictn[, unless i[ is snt[e park, counq• park, city, village or town, was intended to insure fi- u:utcial responsibility nr solvency of :ggtlicaut and no[ create liability ab- solute. Id. 565 \\ 4OrJ.OO PENAL LAw 4. Consideration of application Yenal Law 1909.§ IS94-a, providing that permit for public firework dis- play may be granted by Proper au- thority upon application showing ex- act location plan for display, number and kind oP fireworks to be dis- charged :uu1 diagram of grounds on which display is to be held showing lines behind which audimme will be resVained required strict municipal regulation of public fireworks dis- plays and that Plans for display be carefully reviewed before permit would be issued :uul municipal offi- cials were no[ [o simply receive and file detailed infornation required b}' Penal Law 1909 § 1SOi-a m:d then is- sue Permit but had to de[ennine wlmtlmr, git'ing due consideration to public safe[}', Perini[ should issue. hill c. Chiarclla, 19RG, 60 ~tisc.2d 10:i, 209 N.Y.S.'!d i36, modified ou Pt. 9 other grounds 30 A.D.2d 552, 293 N. S.S. 2d I, affirmed 2G SS.`?d 702, 306 N.Y.S.^_d 955, 255 S.E.2d 183. 5. Persons authorized to exhibit fireworks tinder Penal Law 1909 § 1894-a, providing for permits for public fire- works displ:p's, firework company could legally contract [o exhibit fire- w'orls, and was not limited to a sale of fireworks to fair company which applied for permit for public display oP fireo-orls, Eingsland v. Erie County Agr. Soc., 1919, 293 R.S. 409• 84 N.E ~d 33. 6. Private fireworks display Town may not issue permit for pri- vate display of fireworks for private family enterh~imnenL 8 Op.S[a[e Comp[. 25 i, 1052. 4UrJ.OrJ Seizure and destruction of fireworks Fireworks possessed unlawfully may be seized by any peace officer, who must deliver the same to the magistrate before whom the person arrested is required to be taken. The magis- trate must, upon the examination of the defendant, or if such examination is delayed or prevented, without awaiting such ex- amination, determine whether the fireworks had been possessed by the defendant in violation of the provisions of section 270.00; and if he finds that the fireworks had been so possessed by the defendant, he must cause such fireworks to be destroyed, in a way safe for the particular type of such fireworks, or to be de- livered to the district attorney of the county in which the de- fendant is liable to indictment or trial, as the interests of justice and public safety may, in his opinion, require. Upon the convic- tion of the defendant, the district attorney must cause to be de- stroyed, in a way safe for the particular type of such fireworks, the fireworks in respect whereof the defendant stands convicted, and which remain in the possession or under the control of the district attorney. L.1965, c. 1030. Historical Note Derivation. Pend Law 190;1 § 1594-a, see derivation note under scr 189{-a. F'ur history of said section [ion '!70.W. 566 'title N FIRE~VORI{S § 405.05 Library ReYerencea Explosives b4. C.7.S. Explosives g 4 et seq. IInited States Code Annotated 'crnnspor[ntion of fireworks into state prohibiting sale or use, see section 83fi of Title 1S, Crimes and Criminal Procedure. 39 MCKInneY Lewe-Panel Lew 44220.00-Eno-19 ~6"7