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Home My WebLink About1971 ~°,r.°' ,,,a„ ,,,,,u.,.,.,,.~• y-ru"e7 qr-rrra,.,w x, ~rc '+~!.~~rM :a; °"-aN?~}A+... w wi °r .r n.~- rir~°~.^+."yv`c'r^rt+*iay~~roosite r ~ yy'' ~ ~ .rte ~~y X ~ ~ ~y~ ~ ~~ ~ ~ h 4?` 5 ~ N. ~ ~ z. X rss ' + ~ ~ - ., '7 T89PN OP 60E1TEi0LD ~ J ~. ~ • ! _ PERMIT PCtR PtTBLIC DISPLAY 08 F'IYtEF7~tR$ . -. :.; ' .Y. 111 ~ - E. ALBERT 9P. RICtIIdO:ID, Town Clerk of tho Tory of 3 Southold,. 8affolk County. New Yark, b41nq the of#icos.~daly '~~ >~ ~oignated by th@ Town 8oar4 of the Town o! Southold for ;a ' 'the purpose, :fi ~ s - Do HEREBY CfRANT II~i'PO Orient Fire District & O~ste~ponds Chemical 1 o. ti 6 1 A PSRIii? PGti Tfffi Pi1HLIC DISPLAY off PIRE9t~tKS by said arsani.s.. i 1 i q ,. +e~ion in accordance with flee provisionu of $ectioa, i~194-~~- , July 4, 1971 qr O~'th•,Penal Law Of X1'1@ $t$te Of DTaw Yark~ OA July 5, 1971 (Rain at 8:30 P.M. 'Date) :.~ ~ bt the time and place set forth in th@ apglicatian therefor. } j .{ I PERMIT GRANTED ~ # ~ 0ss condition that the bond (indamnity.taanraacey r@quired ' - shall coati.nuo in fall force and effset in Eaves of the ! • ,'~ - ~ SY+wn of 8~oathold. ~ I Dated at Southold, New Yark~ ; .this ~ day of June ~ ~ . ` ~ i ~ r .~ 19671. . , ,_1 , . ,; ., ) -ibeft N. Ric ui. towa cl ~ li ToNn o! Soutl~ol Suffola Chanty.. { Dlew York. i '"- B E 71 L I I . r~ ~ P I ~ ~ ~ ~ f I ,~ _, __ 4. CERTIFICATE OF INSURANCE THE HARTFORD 9 m Hartford Fire Insurance Company a ®New York Underwriters Insurance Company Irv SUBArvCE GROUP ~ m Hartford Accident and Indemnity Company "~; f'I Twin City Fire Insurance Company .,>a=~oAO. ~o~,Nec.,~~. ~ ®Ci[izens Insurance Company of New Jersey ~' Ca. Code "this is to cer[i(v that the company designated herein by Co. Code has- issued to the named insured 1 the policies enumerated below. Named Insured and Address Orient Fire District and Oysterponds Chemical Co. Orchard Street Orients N. Y. The policies indicated herein apply with respect to the hazards and for the coverages and limits of liability indicated by specific entry herein, subject to all the teens of such policies. I Coverages and Limits of Liability IIa2ards POIICy ElfeCtive Expiration Bodily Injury LiabiB[y Property Damage Liabin[y Number Date Date ~~~ *each occurrence *each occurrence aggregate General Liability Premises-Operations-Elevators 12SMP300849 7~4~71 7~5~71 OCCUR $1 X000 ,000 CE $ ,000 $ ,000 $1 ~OOQ000 6tdependent Contractors $ __ ___,000 $ ,000 $_ ,000 $ ,000 Completed Operations; $ ,000 $ ,000 $ ,000 $ ,000 Products Aggregate: $ ,000 XXXX __ XXXX Contractual (as described below) $ ,000 $ ,000 $ ,000 $ ,000 Automobile Liability Owned automobiles $ ,000 $ ,000 $ ___ _ ,000 XXXX Hired automobiles $ ,000 $ ,000 $ ,000 XXXX Son-Owned -automobiles $ ,000 $ ,000 $ ,000 XXXX Workmen's Compensation and Employers' Liability Compensation -Statutory Employers' Liability- $ ,000 Umbrella Liability $ ,000,000 *[(with respect to Automobile Liability [he Policy Number entered above includes the symbol GLd, Al., MVP, MAG or PGQ, the word "occurrence" is amended to read "accident". Location and description of operations, automobiles, contracts, etc. (For contracts, indicate type of agreement, party and crate.) Coverage is afforded for setting off a Fireworks Display on Village Wharfr Main St. j Orient} N. Y, If by chance this event is xained outs coverage will be afforded for July 5, 1 971 If policy is canceled, 1 0 days written notice will be given to: Town of Southold Southolds N. Y, Date Form AL-12-0 Printed in D. S. A. 7 '67 .~ Byer. ~ . G ~'~Yf~in uthorized Re¢resenlative ~' FLOYD F KING JR 12 0175 BN ~ ® / CIiANGE ENDORSE142ENT (~'aaMLS~asJ This endorsement is made a part of Policy No. 1 2 S M P 3 0 0$ 4) ~~~ THE HARTFORD FIRE INSURANCE CO N~•ot>d~• omp.a, and beeomea effective on - 0 7 O 4 7 ~ ~ at N 00 N atandud time at the location of the (Date) deam'bedproperty. ORIENT FIRE DISTRICT 6 OYSTERPONDS CHEMICAL CO Name of Insured Location of Premises and Occupancy Policy Term: 3 years, From ~~ co To ~~ ++ -~T2-6~ ---T Loss Ded. CI. No. 1 applicable; Loss Ded. Cl. No. 2 applicable; Other (specify) Forma and Endorsements applicable: It is agreed that: (a) The Dolity is amended as follows: _ SEE G 2240-A ATTACHED (b) With respect to those coverages and kinds of property for which a specific limit of liability is shown, the limit of the Company's liability shall be changed to read as stated in the Limits of Liability columns herein. Such limits are in lieu of the Limits of Liability stated in the policy and not in addition thereto. SECTION I -PROPERTY COVERAGE Coverage LIMITS OF LIABILITY PREMIUM S Descrip- lion Loc. No. Bldg. No. previous Limit New Limit Old Rate New Rate Old Premium New Premium ^ Add'1 ^ Retum $ $ $ $ $ _ $ $ $ $ $ SECTION II -LIABILITY COVERAGE PREMIUMS Coverage Limits of Liability Old Premium New Premium ~l 7( Add'I ^ Return C. Bodily Injury & Prop- erty Damage Liability $ each Occurrence $ Aggregate $ $ $ P. Premises Medical Payments $ each Person $ each Accident $ $ $ FIREMORKS DISP AY FC I 1 75.00 TOTAL ~~_ PREMIUM RECAPITULATION Due at Endorsement Effective Date: I Additional Premium I ReturnPremium ' D7 04 ?i ~$ 75.00 ~$ Premium adiustment if tie Premium is oavable in annual installments. Dates Due Original Installments Increase Decrease Revised InstalLnients $ $ $ $ $ $ $ $ Total Premium to Policy Expiration $ $ y L/~ J i Form MLH-20 (Ed. 11-69) FLOYD F KING JR 12 0175 ~ Named Insured and Address This endorsement (ormsapart of Policy No. 1 2 SMP 300849 issued by THE HARTFORD INSURANCE GROUP company desig- nated [herein, and takes effect as of the effective date of said policy unless another effective date is stated herein. ORIENT FIRE DISTRICT 8 OYSTERPONDS CHEMICAL CO BN Effective date ............................._....._...............__..... _..............Effective hour is the same as stated in the Declarations of the Policy. THIS ENDORSEMENT PROVIDES COVERAGE UNDER SECTION 405.00 OF THE PENAL LAW OF THE STATE OF NEW YORK. IN CONSIDERATION OF AN ADDITIONAL PREMIUM IT IS AGREED THAT COVERAGE UNDER SECT. II LIABILITY IS AFFORDED FOR A FIREWORK DISPLAY BY THE FIRE DEPARTMENT ON VILLAGE WHARF, MAIN STREET, ORIENT, N Y IN BEHALF OF THE TOWN OF SOUTHOLD AS RESPECTS THIS EVENT THE TOWN OF SOUTHOLD IS AN ADDTIONAL NAMED INSURED. IN THE EVENT OF RAIN ON THIS DAY, COVERAGE WILL BE AFFORDED FOR RAIN DATE: JULY 5, 1971` Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or declarations of the policy, other than as herein stated. This endorsement shall not be binding unless countersigned by a duly authorized agent of the compan} ; provided [hat if this endorsement takes effect as of the effective date of the policy and, at issue of said policy, forms a part thereof, countersignature on the declarations page of said policy by a duly authorized agent of the company shall constitute valid countersignature of this endorsement. THE HARTFORD ~}.///~J "; INSURANCE GROUP CountersignedGy.._r:Lif.4~ <...~/'~?~ HARTFORD. CONNECTiC VT / l( ~ ~ ~~ /~ / Authoriud Agent Fam G-]]M-~ A Privted in U. S A. 2-'64 ~+ara---- xra+zzccv TO: ALBERT 41. RS~lOMD, T037N CLEaX, T007N 09' 60U1930~,D A~~p"pLiCATEO~ ZG BZ:RLBY MADE, pursuant to the pro- visio~es o! Beation of tho peaat Lev o! tho 8tato of Nov York, For a permit to display Fireworks as heroiaaltsr speailiede !'ho display is to epoasared by~rZ~C?alr~-S~~.`~...! ~ ,~A ---r!~,n%;Tl /~~'-~i~ ~~,T , with psiuaipal ollica at _._~ j`i ~ ~J % NCV York, aced will be held on ~ ~ ~' , ~ j ~,~1~ 19~ ~ (day) (m6nth) r..r_' , at ~ . ~ 0 p.M.. ~ ~~ i.~ A,F r~ (hour) ~~, y ~' i~>/ Y'ha lollovinq persoAS era to ba is c~hargs o! the aatnal shooting o! the Firew~kse Memo A~ 8xfsarienCO physical condition . .-_... n f- '(-~~1 ~.~ s s ~,i~f~. ~ 461L.i5~N..~ /Y,~ e~e~L y~ q i Number sad type o! tiseworks is as Pollovse N~N..~N1 A~~~~Nr1..N~M ~~~ Tho lirevosks wLil be etaucc:d la a covered trunk prior to the ohooting on the groaads. Attached hereto aa$ made a part hereof' is a diagram o! the grotusde on ~dhiCh the display is to be he14. Also attached !e th9 CEII'tifiCato Or policy OF iaQlLTaaCO CoVerRt~e. Dt~s~nectPully eu'bmiLLed, c~ of oAtgassi$atianj _ ~r ~~~ ~~~~ - ~~~ Dated _Ju.?/~ -`3' ~~~L_,e _'"""~'...~.~ --, .... ...r.,. ~. ,.... ' _ ' q FIREWORKS § 405.00 "' Confiscated arms, disposltlon of Former section ]899 did not prevent 3.9cmporary lone to stntc oY conYlscated rtms Por Purpose of guarding armor- ~ s unt11 arms could be obtatned to re- ~~are those taken by Natioml (3vard tn[o Fcdcrnl servirn. 1950, Op. Attr•.Qen. ]OU. ~;i. Return of weapon *. In vlew of (Penal Law SA09] section ~'r3A97 mnking It a misdemeanor Yor one l+ar ing been convicted oP felony to mossws rifW or shotgun unless he has Aeen Issued certlficntr oP good con- ?j duct, petition oY one whose guns, cases and power scope were taken from his apartment by police when he was tak- en to hospital after having been stabbed by wife, for return of such, would be granted only with respect to power scope and gnn cases. Trzaska v. Police Dept. of City of Long Beach, 1965, 46 hiisc.2d 992, 261 N.Y.S.2d 344. Defendant, who did not possess val- id license for revolver seized pursuant to illegal search of automobile by Po- lice officers, was not entitled to re- turn oP weapon, since possession wns unlawful and weapon constituted nui- sance People v, Jordan, 1962, 37 lfisc.2d 33, 234 N.Y.S.2d 323. ARTICLE 405-LICENSING AND OTHER PROVISIONS RELATING TO FIREWORKS x06.00 Permits for public displays of fireworks. 405.06 Seizure and destruction of fireworks. § 405,00 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 regional state park commission, in the territory within a county park shall be the county park commission, or such other fir" agency having jurisdiction, control and/or operation of the ' parks or parkways within which any fireworks are to be dis- played, in a city shall be the duly constituted licensing agency thereof and, in the absence of such agency, shall be an officer designated for the purpose of the legislative body thereof, in a village shall be an officer designated for the purpose by the board of trustees thereof and in the territory of a town outside of vil- lages shall be an officer designated for the purpose by the town board thereof. K' 2. Permits for public displays. Notwithstanding the pro- . visions of section 270.00, the permit authority of a state park, county park, city, village or town may upon application in writ- e ing, grant a permit for the public display of fireworks by munic- x' 291 ,, ~' ~` S, K. ~ ~° ~ ~ # a a .~ t., T_ 4OS.OO PENAL LAW pad q, ipalities, fair associations, amusement parks or organizations. of individuals. The application for such permit shall set forth; e (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 v~~' held. (c) The exact location planned for the display. ut (d) The age, experience and physical characteristics of a, the persons who are to do the actual discharging of tha's, fireworks. -'~~`' (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 ali 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 foP '• the public display of fireworks shall be made at least five days in advance of the date of the display and the permit shall contain provisions that the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest perms- ' vent building, public highway or railroad or other means of - travel and at ]east fifty feet from the nearest above ground tele• - phone 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 fire. works 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 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 -. 292 ,~ . `:,' . I .. , tt 5 ~ i 1 S 4 j3 8 - - , . , ~, ' b. fnrt 4 FIREWORKS § 4~rJ.~~ `reworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, ' !.hat all the persons in actual charge of firing the fireworks shall :: '!s over the age of eighteen years, competent and physically fit iot the task, that there shall be at least two such operators con- +tantly on duty during the discharge and that at least two soda- '. acid or other approved type fire extinguishers of at least two and ~ne•half gallons capacity each shall be kept at as widely separated - 9oints as possible within the actual area of the display. The ::~gislative body of a state park, county park, city, village or :awn may provide for approval of such permit by the head of the ;. *olice or fire department or both where there are such depart- ? nients. No permit granted and issued hereunder shall be trans- "1'erable. After such permit shall have been granted, sales, pos- '-.Session, use and distribution of fireworks for such display shall :belawful 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, unless it is a state park, county park, city, village or town, or from the p`person to whom a contract for such display shall be awarded, in a sum to be fixed by the permit authority, which, however, shall not be less than five thousand dollars, conditioned for the pay- , ment 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, employees, con- ;,tractors 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 property 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, executors, g.:;:administrators, successors or assigns of such person or persons r 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 pur- e poses herein provided. 5, Local ordinances superseded. A]llocalordinances regulat- ing or prohibiting the display of fireworks are hereby superseded by the provisions of this section. Every city, town or village shall have the power to enact ordinances or local laws regulating 293 !~ (' ~i,. '. i~..., ` !, .. k ,, 1 4OS.OO PENAL LAW Part Q. or prohibiting the use, or the storage, transportation or sale fors use of fireworks in the preparation for or in connection with television broadcasts. L.1965, c. 1030, eff. Sept. 1, 1967. Sonroe oY Seotlon Penal Law 1909, $ 1894-a, for history see § 270.00 note alwve. , ~ Notes of Deoieioaa Generally 1 wholly Contained within geogrnphfcal ~, Bond or Ilablllty coverage 4 confines oP village, the village was the "< Private display 3 permit authority, that is, the agency .'' Site of dlaplay 2 authorized to grant and issue permits Por fireworks display. Rill v. Chlnre4 la, 1966, 50 blisc.2d 105, 299 N.Y.S2d ' 736. Library references Esplosives a2, 3. Requirement of this section that C.J.S. Explosives §§ 1, 3. audience at fireworks display be rN strained behind lines at leant 150 Peet I. Generally from point at which fireworks are dis- charged does not constitute legfslativ0 Under this section [Penal Law 1909, declaration that uo municipality can-. § 169+-a] prodding Por permits for be liable 1f crowd barricades are public fireworks displays, fireworks shown on application for permit as at company could legally contract to ex- Least 150 Yeet from fireworks, 150 fect.~ hibit fireworks, and was not limited requirement is mere rough guideline to a salC of fireworks to fair company for municipality to use in crosidering `.~ which applied for permit for public Public saPet9 and Sf that distance display of fireworks. Kingsland v. woul& not be snfPlcient to accomplish Erie County Age Soc., 1949, 298 N.Y. desired results, it is incumbent upon 409, 84 N.E.2d 38. municipality to find safe dlstancC be• This section [Penal Law 1909, § fore allowing permit to issue. Id. ' 1894-a] providing that permit for public fireworks display may he 3. Prlvato dlaplay granted by proper authority upon ap- Town may not issue Permit Por pro ~~ plieetion showing easel location plan vale display oP fireworks for private for QisPlny, number and kind oY fire- gamily entertalnmenC. R Op.StalC ~" works to be discharged and diagram Compt. 257, 1952. of grounds on which display is to be held showing lines behind which fludi- ence will be restrained requires atcict 4. Bond or Ilahlllty coverage municipal regulation of Public fire- No one other than permit authority works displays and that plans for dla- must require bond before grunting and ~' play be carefully reviewed before per- issuing permit Por public display of ~' mil is issued end municipal officials fireworks. Rill v. Chlarelln, 1066, 5C. are not to simply receive and file de- Misc.2d 105, 299 N.Y.S2d 738. tailed information required by this That permit authority nccePted poG '~ section [Penal Law 1909, § 1894-a] icy written b9 foreign corporation la and then Issue permit but nmst deter- connection with issuance of permit for mine whetheq gluing due considers- public dlsplfly of fireworks did not -' lion to public safety permit should is- violate this section [Penal Law 19UD, j " sue. Rill v. Chiareila, 1966, 50 misc. 1894-n] requiring permit authority to 2d 105, 269 N.Y.S.2d 736. rcqutre adequate bond or ]IabllIIp 2. Site of display coverage before granting permit, Inna- ` much as such corporation was subject ~ where site of fireworks exhibition to suit in New York's courts and . was owned by town, but Bite wee might be served pursuant to provi•.:' 294 ] f, ~' ~ 4 i i ! /' fi ~.~ T~~ ~~/~' ~s ~,~ e ~ l~q~, C p . ~ju ~.Y y _ ~ -<~ , <, . ~ -' ;~-,-__. ..~ 0~'~N/ ~/~ ~ .~ ~~ .~ _. ~._.._ s i i ~~ ~? ~~ 0 `I \~ ~ o ,. r ;: . ___~ u ~ -_ (! ,l 1~-~-~ ~i~n~~ ~ ove2 wArea. n t~ ~ ° u r i ~<fr~ ~'/i'R I~riYG- i i ~/' -- _- . __--- ,,~ ;,CJ~'e,~.c ~e'g ~vi~ia•~fi• ~.1,r,,- `~._._ ~ ~ ~~° 'u;, I c-~, _~ ~l1 O Rren/% ~/.q,Pbo~2 /I\ I'--~ .. _~ '__ __ r _.'' F