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HomeMy WebLinkAbout1923_09_19 Town Board Minutes Meeting of the Town Board TOWN OF MAMARONECK held, September 19th, 1923. The meeting was called to order by Supervisor Burton at 8.30 P.M. PRESENT: Supervisor Burton Justices Boyd; Collins, Dudley, Shafer, Town Clerk Sherman. Upon motion, it was voted that the reading of the minutes of previous meetings not yet approved, be dispensed with. Counsel reported that he had prepared the ordinance regu- lating the use, sale, storage and transportation of explosives and gun powder within the unincorporated part of the Town of Mamaroneck, and upon his recommendation the following ordinance and resolutions were upon ROLL CALL, unanimously adopted. AN ORDINANCE ADOPTED BY THE TOWN BOARD OF THE TOWN OF MAMARONECK, AT A MEETING HELD ON SEPTEMBER 19th, 1923, TO REGULATE THE USE SALE, STORAGE AND TRANSPORTAITION OF EXPLOSIVES AND GUN POWDER WITHIN THE UNINCORPORATED PART OF THE TOWN OF MAMARONECK, PUR SUANT TO THE PRIVISIONS OF SEC- TION 315 OF THE TOWN LAW. ARTICLE I Section 1. No person, firm or corporation shall have, keep, sell, use, give away or transport any explosive, gun powder, blasting powder, gun cotton dynamite, nitro-glycerine or any sub- stance or compounds or mixtures or articles having properties of such a nature that alone or in combination or contiguity with other substances or compounds it may decompose suddenly and generate sufficient heat or gas or pressure, or all of them to produce rapid flaming combustion, or administer a destructive blow to any person or thing, within the unincorporated part of the Town of Mamaroneck, excepting in the manner and under the conditions herein provided and under license issued by the Building Commission under such regulation as it may hereby or further prescribe. Section 2. Applications for licenses must be made in dup- licate to the Commission and in the manner and form prescribed. The applicant shall furnish any information rewired by the Com- mission and the application must recite the name, residence and place of business of the applicant the nature of the site where the work is to be performed and intended location of the magazine, and the quantity and kind of explosives or detonators to be kept therein, used therefrom or to be transported to or from said sites. If approved and a license or permit is issued, the original application shall remain on file in the office of the Commission, and the dup- licate shall be returned to the applicant with his license or permit. No license shall be issued to any applicant, except on payment of a fee of twenty-five (25) dollars for said license and the filing of a bond executed by a Surety Company authorized to do business in the State of New York, to be approved by the Supervisor, in the penal sum of not less tian two thousand dollars. All licenses, unless re- voked, shall be for a term not exceeding one year from date of issue. Section 3. Any license or permit may be revoked at any time by the Building Commission. Section 4. The transfer to or the use of a license or permit issued hereunder by any person or corporation other than to whom the license or permit has been issued will be sufficient cause for immediate revocation thereof. Section 5. All bonds herein required shall be conditioned for the payment to the Town of Mamaroneck, in full or in part, or to any person entitled thereto, of any loss, Aamage or injury resulting to persons or property by reason of the use, storage, sale, giving away or transportation of said explosives, and for the strict and full compliance with the provisions hereof, and with such other regulations pertaining to explosives as may hereafter be lawfully made and enacted. Section 6. The transportation, maintenance and guarding of any explosives or magazines under any license granted by the commiss- ion, shall be subject to its orders and directions. Any person operating under a permit must be qualified in the care, handling and use of explosives and shall further be able to understand and speak English intelligently. ARTICLE II Section 1. It shall be the duty of the Building Commission to formulate and adopt such regulations as in its judgment may be necessary to carry out the purpose of this Ordinance, and from time to time, to add to or in any way change, modify or amend such regu- lations. Such rules and regulations, however, shall be approved by the Town Board before they become effective. ARTICLE III Section 1. That except as herein otherwise provided any person who shall violate any of the provisions of this Ordinance, shall be deemed to be guilty of a misdemeanor and shall, upon conviction, be subject to a penalty not exceeding one hundred dollars or may be im- prisoned for not more than sixty days or both and upon a conviction the Court may in its discretion revoke the permit granted hereunder. Section 2. This Ordinance shall take effect ten days after the date of its publication and posting in the manner prescribed in Section 142-(a) of the Town Law of the State of New York. Mr. Gagliardi reports that the proceeds of the sale of the premises described on the assessment roll for the year 1890 as lots Nos . 133 and 124, Map of Waverly Subdivision, Grand Park, were not suff- icient to pay the taxes against, said premises levied in the year 1890 for the non-payment of which they were sold to the Town on October 20, ises 1891. That all the other unpaid taxes outstanding against said prem- ises other than the taxes for the year of 1890, as above stated, in cluding interest and penalties accrued thereon, have been paid in full. In order to clear the title to said premises he recommends the cancel- lation of said taxes and submits for adoption the following preamble and resolution: WHEREAS, by direction of a judgment of foreclosure and sale in a certain action entitled "Town of Mamaroneck, Plaintiff, against Amelia Delano, et al, Defendants, the premises therein described be- ing also described on the assessment roll of the Town of Mamaroneck Grand Park, situated in the Village and Town of Mamaroneck, New York, were sold at a public auction for the sum of $1,000.00, that being the highest sum bidden therefor; and WHEREAS, after after the said proceeds of sale were applied to wards the payment of the expenses and disbursements of said sale and Towns and the School taxes outstanding against said premises, the taxes levied for the year 1890 for the non-payment of which a sale was had on October 20, 1891 remain unpaid; and WHEREAS, on August 28th, 1933 the amount of said tax, in- cluding interest and penalties thereon, was $16.34. NOW, THEREFORE, be it RESOLVED, that the Receiver of Taxes be and hereby is is authorized and directed to cancel the said tax wherever the same appears by making a notation thereon with reference to this reso- lution and to issue a proper certificate of cancellation therefor. Upon a vote being taken upon the foregoing resolution the same was unanimously adopted. Upon motion the meeting adjourned at 9.20 P.M. Frederick M. Sherman Town Clerk.