[Amended 2-11-1959, approved 2-13-1959]
No person shall hereafter place or maintain in, upon or under
any street, sidewalk, roadway or public place in the City of Mount
Vernon any tank, pump or apparatus for the storage, sale or distribution
of petroleum products without first obtaining a license therefor as
hereinafter provided. But no such license shall be granted except
upon a written application therefor, duly sworn to under oath by the
applicant or a duly authorized officer thereof and setting forth the
name, residence or business of the applicant; also that such applicant
is the sole owner of such tank, pump or apparatus, with a complete
description of the same and the exact place where the same is to be
placed; and which application shall have annexed thereto a written
agreement signed and acknowledged by said applicant and the owner
of the fee of the real estate immediately abutting on that part of
the said street, sidewalk, roadway or public place in, upon or under
which said tank, pump or apparatus is to be placed, whereby in consideration
of the issuance of said license the placing of said tank, pump or
apparatus at the place described in said application is consented
to and wherein it shall also be agreed that the owner of said fee
of said real estate shall remove or cause to be removed said tank,
pump or other apparatus within 10 days after a written notice so to
do, signed by the Fire Commissioner, is deposited in the United States
mail addressed to the said owner at the address set forth in said
agreement, and in default of such removal the Fire Commissioner shall
therein be authorized and empowered to cause said tank, pump or other
apparatus to be removed without further notice or demand and to collect
the cost and expense of such removal from said owner of said real
estate by action or otherwise, and that said owner shall be liable
for any and all damages sustained by any person and arising out of
the placing or operation of said tank, pump or other apparatus.
[Amended 2-11-1959, approved 2-13-1959]
The Mayor is hereby authorized to grant licenses under his hand, to be sealed with the corporate seal and countersigned by the City Clerk, to such persons as he shall deem proper, to install and maintain tanks for the storage, sale or distribution of petroleum products under the sidewalks in this City and for the placing of pumps in connection therewith, provided that application is made and consents granted as provided in § 131-254 of this article. All such licenses shall expire on the first day of June next after their issue.
[Added 2-11-1959, approved 2-13-1959]
A.
No license shall be granted under this article unless the applicant
shall have filed with the City Clerk satisfactory evidence of public
liability insurance in the amounts hereinafter set forth, together
with satisfactory evidence that said insurance policy has been approved
as to form, correctness and adequacy by the Corporation Counsel, to
insure the City against loss, injury or damages arising out of the
granting of the license or from any negligence or fault of said applicant,
his agents, servants or employees in connection with the installation
or maintenance of the tank, pump or apparatus.
(1)
Where the petroleum product is not stored for the purpose of
resale, the liability insurance shall be in the amount of not less
than $25,000 for any one person and not less than $50,000 for any
one accident and property damage insurance in the amount of not less
than $10,000 for any one accident.
(2)
Where the petroleum product is stored for the purpose of resale,
the liability insurance shall be in the amount of not less than $100,000
for any one person and not less than $300,000 for any one accident
and property damage insurance in the amount of not less than $25,000.
B.
Such insurance must remain in force throughout the effective period
of the license as well as any authorized extensions thereof and shall
carry an endorsement to the effect that the insurance company will
give at least 10 days' written notice to the City of its intention
to cancel such insurance.
C.
A public-service corporation as defined in Article 1, Section 2 of the New York State Public Service Law may, in lieu of the public liability insurance hereinbefore specified for the installation or maintenance of tanks or pumps, file and keep on file with the City Clerk an indemnity agreement in the same amounts required by Subsection A(1) and (2) of this section and approved as to form and legality by the Corporation Counsel, to indemnify and save harmless the City from claims, suits, actions, proceedings, losses, injuries, damages and costs of every kind and description arising out of or resulting from any act or omission on the part of any such public-service corporation under any license granted to it or from any negligence or fault of such public-service corporation, its contractors, agents, servants or employees in connection with the installation or maintenance of tanks, pumps and related apparatus or any work related thereto, and also to defend on behalf of the City any actions or proceedings which may be instituted against the City.
[Added 5-27-1959, approved 5-28-1959]
Any person desiring to secure a license for the installation
of any tank or pump under the provisions of this article shall make
written application to the City Council, stating the size, location
and use to which such tank is to be put, and if said application is
approved by City Council, it shall be thereupon referred to the Fire
Commissioner, who shall make an inspection of the place where such
tank and pump are proposed to be located, and if satisfactory to him,
he shall approve said application and forward the same to the Mayor,
who may thereupon issue a license to said applicant.
The Fire Commissioner is hereby empowered to make reasonable
rules and regulations for the proper installation of such tanks and
pumps. All tanks and pumps shall be located and installed under his
supervision and the supervision of the Commissioner of Public Works,
and no tank shall be covered from sight until after an inspection
has been made by said Fire Commissioner and his written approval has
been given, which approval shall be given without charge.
[Amended 2-11-1959, approved 2-13-1959]
The City Clerk shall collect an annual license fee of $50 for
each license issued, except where the petroleum product is stored
for private consumption only and not for the purpose of resale.
All moneys received by the City Clerk under this article shall
be turned over to the City Comptroller, who shall pay over same to
the Treasurer of the Police and Paid Firemen's Pension Fund.
