Village of Amityville, NY
Thursday, July 25, 2013

PART I: ADMINISTRATIVE LEGISLATION

Chapter 1. GENERAL PROVISIONS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

Article I. Code Established; Interpretation and Effect

[Adopted 12-14-2009 by L.L. No. 6-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 1-1. Designation and citation of Code.

The local laws embraced in the chapters and sections herein shall constitute and be designated the "Code of the Village of Amityville" and may be so cited.

§ 1-2. Construal of Code provisions; definitions.

A. In the construction of this Code, and of all local laws, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Village Board of Trustees:

(1) Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

(2) Delegation of authority. Whenever a provision appears requiring the head of a department of the Village to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection, unless the terms of the provision or section designate otherwise.

(3) Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations, as well as to males.

(4) Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes a greater restriction upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

(5) Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

(6) Name of officer. Whenever the name of an officer is given, it shall be construed as though the words "of the Village of Amityville" were added.

(7) Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(8) Number. A word importing the singular number only may extend and be applied to several persons and things, as well as to one person and thing.

(9) "Or"; "and." "Or" may be read "and," and "and" may be read "or," if the sense requires it.

(10) Time. Words used in the past or present tense include the future, as well as the past and present.

(11) Village. Whenever the words "the Village" or "this Village" are used, they shall be construed as if the words "of Amityville, New York" followed them.

B. As used in this Code and all local laws, the following terms shall have the meanings indicated, unless such meanings would be inconsistent with the manifest intent of the Village Board of Trustees:

KEEPER AND PROPRIETOR
Includes persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
MAYOR
The Mayor of the Village of Amityville. Where an ordinance or local law or section shall direct that an act be performed or that a decision be made by the Mayor, such expression shall be deemed to include not only the Mayor, but the Deputy Mayor in the absence of the Mayor, or any member of the Board designated by the Board or the Mayor to perform the act or exercise the discretion referred to; but this provision shall not be construed to authorize the Mayor or the Board to delegate any power or duty on the part of the Mayor to any other person except a member of the Board of Trustees of the Village, or except as otherwise provided by law.
MONTH
A calendar month.
OWNER
As applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
PERSON
Extends and is applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate, as well as to individuals.
SIDEWALK
Any portion of a street between the curbline and the adjacent property line.
STATE
The State of New York.
STREET
Embraces streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the Village.
TENANT or OCCUPANT
As applied to a building or land, includes any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others.
VEHICLE
Except where otherwise defined, an automobile, motorcycle, cart, wagon, buggy, bicycle, sled, sleigh, boat trailer, mobile-home trailer or airplane and includes any device of any kind or character used or designed to be used for the purpose of transporting persons, animals, or things.

§ 1-3. Catch lines of sections.

The catch lines of the several sections of this Code which are printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be the titles of such sections, nor to be any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or reenacted.

§ 1-4. Effect of repeal of local laws.

A. The repeal of a local law shall not revive any local laws or ordinances in force before or at the time the local laws repealed took effect.

B. The repeal of a local law shall not affect any punishment or penalty incurred before the repeal took effect, or any suit, prosecution or proceeding pending at the time of the repeal for an offense committed prior to the date thereof.

§ 1-5. Severability of Code provisions.

The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

§ 1-6. Amendments to Code.

All local laws passed subsequent to the adoption of this Code, which local laws amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or in the case of chapters, sections and subsections, or any part thereof, repealed by subsequent local laws, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby, and the subsequent local laws as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent local laws until such time as this Code and subsequent local laws numbered or omitted are readopted as a new Code by the Village Board of Trustees.

§ 1-7. Publication and posting of zoning laws.

Upon the adoption of any zoning law, or amendment thereto, an abstract of such law shall be published once in the official newspaper, and a copy of such law, together with a summary or abstract of any map incorporated therein, shall be posted conspicuously at or near the main entrance to the office of the Village Clerk. This section modifies the publication requirements contained in § 7-706 of the Village Law as the same apply to the Village of Amityville.

§ 1-8. Alteration of Code.

It shall be unlawful for any person in the Village to change or amend, by additions or deletions, any part or portion of this Code, to insert or delete pages or portions thereof or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Village of Amityville to be misrepresented thereby.

Article II. Penalties for Offenses

[Adopted 12-14-2009 by L.L. No. 6-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 1-9. General penalties; construal of penalty.

Whenever in the Code any act is prohibited, or the doing of any act is required, or the failure to do any act is declared to be unlawful, and where no specific penalty is provided, any person committing such offense shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable in the case of natural persons by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment, and in the case of a corporation, partnership, limited liability company, association or similar entity other than a natural person, by a fine not exceeding $500. The continuance of an offense for each day (24 hours) thereafter shall be deemed a separate and distinct violation.

§ 1-10. Penalties not exclusive.

Obedience to the provisions hereinafter set forth may be enforced by prosecution of the offender as provided in § 1-9, by civil action for a penalty, by civil remedy at law or in equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this Code. Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this Code, nor a judgment in nor the pendency of a civil action at law or in equity, shall be a bar to the other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties, and civil action to enjoin or abate a violation, shall be cumulative.

Article III. Appearance Tickets

[Adopted 12-14-2009 by L.L. No. 6-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 1-11. Issuance authorized.

The Code Enforcement Officer and his duly certified inspectors are hereby authorized to issue appearance tickets for violations of the Code of the Village of Amityville, or any statute, local law, ordinance, rule or regulation relating to parking, licensing of occupations or businesses, fire prevention and safety, health and sanitation, building, zoning, and planning pursuant to § 10, Subdivision 4(a), of the Municipal Home Rule Law.

§ 1-12. Form; verification.

The form and content of said appearance tickets shall be in accordance with Article 150 of the Criminal Procedure Law, and said appearance tickets shall be verified as provided in § 100.30, Subdivision 1(d) of the Criminal Procedure Law.

§ 1-13. Service.

An appearance ticket shall be served by the Code Enforcement Officer or his inspectors as provided in the Criminal Procedure Law.

§ 1-14. Pleading on appearance tickets.

Alternate means of pleading by the defendant may be provided on the reverse side of the appearance ticket as follows:

A. Entry of plea of guilty before the Clerk of the Court.

B. Entry of plea of guilty by mail.

C. Power of attorney authorizing the Clerk of the Court to plead guilty on behalf of the defendant.

Chapter 4. APPEALS, ZONING BOARD OF

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 7-2009. Editor's Note: This local law provided that it shall take effect 1-2-2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Planning Board — See Ch. 24.
Building construction — See Ch. 49.
Zoning — See Ch. 183.

§ 4-1. Establishment; alternate member.

A. The Mayor, subject to the approval of the Board of Trustees, shall appoint a Zoning Board of Appeals consisting of five members, as provided by the Village Law.

B. The Mayor, subject to the approval of the Board of Trustees, shall appoint from time to time one alternate member for a term of one year to serve when a member is absent or unable to participate because of a conflict of interest. The Chairperson of the Zoning Board of Appeals shall designate the alternate member to substitute for said member, and such alternate shall have all the powers and responsibilities of a member of the ZBA while so designated.

§ 4-2. Powers.

A. The Zoning Board of Appeals shall have the following powers:

(1) To authorize a modification of the frontage, front yard, side yard, rear yard, depth and lot area requirements in the A Residence, BB Residence, B Residence, C Residence, H Historical, B-1 Retail Business, B-2 General Business and B-3 Marine Business Districts.

(2) To authorize a modification of the front yard, side yard and rear yard in the Industrial District.

(3) To authorize the mixed use of a building in the H Historical, B-1 Retail Business, B-2 General Business and B-3 Marine Business Districts for one- or two-family dwellings and for business purposes.

(4) To authorize the erection or alteration of a building used or to be used in connection with a lawful nonconforming use upon the lot occupied by such use or building, except that no such permit shall be granted for uses allowed only in the Industrial District under this Code.

(5) To authorize a modification of the frontage, depth and lot area requirements in order to allow a division of a lot into two or more lots or parcels.

(6) To authorize the construction or use of an accessory building on a lot, with or without the erection of the main building required on such lot.

(7) To grant an area variance or use variance as authorized by the Village Law.

(8) To grant a special exception wherever it is provided in this Code that such action by the Zoning Board of Appeals is required.

[Amended 1-24-2011 by L.L. No. 1-2011]

(9) Such other powers as shall specifically be given to the Zoning Board of Appeals in the Code, or otherwise provided by applicable law.

B. The power to approve, as granted herein, shall also include the power to impose reasonable stipulations upon the applicant and to modify and approve or to disapprove such application in furtherance of the police power as set forth in § 4-7. It shall also include the power to rescind an approval previously granted for violation of any stipulation imposed in connection therewith. Such rescission shall only take place by majority vote of the Board at a public hearing after written notice of at least 10 days to the applicant or his successor in interest and a determination that one or more stipulations have been violated, and as a result the public health, safety or welfare has been adversely affected.

§ 4-3. Rules for filing appeals and applications.

[Amended 1-24-2011 by L.L. No. 1-2011]

The Zoning Board of Appeals shall make rules as to the manner of filing appeals or applications for special exceptions or variances from the terms of this chapter.

§ 4-4. Notice of hearing.

[Amended 3-8-2010 by L.L. No. 2-2010; 1-24-2011 by L.L. No. 1-2011]

Upon the filing with the Zoning Board of Appeals of an appeal or an application for a special exception or variance from the terms of this Code, the ZBA shall fix the time and place for a public hearing thereon and shall give notice thereof as follows:

A. By publishing a notice thereof once a week for two weeks in at least one of the official newspapers.

B. By posting a notice thereof in a conspicuous place at the Village Hall on or before the date of first publication.

C. By requiring the applicant to mail a notice thereof to every association of residents of the Village that shall have registered its name and address for the purpose with the Zoning Board of Appeals or the Planning Board and to the owners of all property within 200 feet of the subject premises at least 10 days prior to the date of the public hearing by certified mail, return receipt requested, and proof of such mailing must be submitted to the Clerk of the ZBA at least two days before said hearing. For an application for a special exception for a fence (§ 183-139), said notice shall be mailed to the abutting owners only at least 10 days before said hearing by certified mail, return receipt requested, and proof of mailing submitted two days before such hearing.

D. By requiring the applicant to erect a white-with-red-lettering sign or signs measuring not less than 30 inches high and 40 inches wide which shall be prominently displayed not more than 10 feet from the street on the premises facing each public street on which the property abuts, giving notice that an application for a special exception or variance is pending and the date, time and place where the public hearing will be held. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing. The applicant shall file an affidavit that he has complied with the provisions of this section. Applicant shall promptly remove such sign after the public hearing.

§ 4-5. Contents of notice.

The notices required by § 4-4 shall be prepared by the Zoning Board of Appeals or its designee, and shall state the location of the building or lot and the general nature of the relief requested.

§ 4-6. Fees.

A. Upon the filing of any application or appeal with the Zoning Board of Appeals, there shall be paid to the Clerk of said Board for the account of the Village, with each such application or appeal to such Board, such fee for the following items as shall be established by the Board of Trustees by resolution:

(1) An application that affects land in the A, BB or B Residence District.

(2) An application that affects land in the C Residence District.

(3) An application that affects land in the B-1, B-2 or B-3 Business District, the H Historical District, the FH Floating Home or PM Professional-Mixed Use District.

(4) An application that affects land in the Industrial District, PAC Residence District or the SC Senior Citizens Residence District.

(5) An application that affects more than one plot or is to create more than one plot in the A, BB or B Residence District.

(6) An application that is for the erection of a fence.

B. In case more than one of the foregoing classifications is applicable, the classification requiring the greatest fee shall be controlling.

C. The fees otherwise established by the Board of Trustees shall be doubled for every application filed after the construction or the use which is the subject of the application has been commenced.

D. Any applicant who withdraws an application after submission shall be charged an administrative fee of $50, plus the actual cost of the publication of any required legal notice, which shall be deducted from the application fee prior to the refunding thereof.

§ 4-7. Considerations in making determination.

On all applications to the Zoning Board of Appeals, said Board shall consider the following in making its determination:

A. No application for an area or use variance shall be approved unless the applicant has demonstrated the necessary requirements set forth in the Village Law.

B. No application for a special exception shall be approved unless the Board determines that appropriate conditions can be imposed upon the applicant which will protect the health, safety and welfare of the residents of the surrounding area.

[Amended 1-24-2011 by L.L. No. 1-2011]

C. The Zoning Board of Appeals shall also consider whether the granting of the special exception or variance applied for will be:

[Amended 1-24-2011 by L.L. No. 1-2011]

(1) In harmony with the general purpose and intent of the Code.

(2) In accordance with the comprehensive plan and design set forth in the Code to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population and to facilitate the adequate provision of transportation, water, sewage treatment, parks and other public requirements.

(3) In accordance with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for the particular use.

(4) With a view to conserving the value of buildings and land and encouraging the most appropriate use of land throughout the municipality.

(5) With regard to area variances for front yard, side yard, or rear yard setbacks, or height of a structure, in accordance with the skyplane relationship between the setback and the height of the structure as set forth in the skyplane diagram marked as Exhibit A at the end of this chapter, and a part thereof.

§ 4-8. Expiration of approval or grant; extension of time.

[Amended 3-8-2010 by L.L. No. 2-2010; 1-24-2011 by L.L. No. 1-2011]

A. Every variance or special exception granted by the Zoning Board of Appeals or by a court of competent jurisdiction, pursuant to the provisions of this chapter, which involves a project for which a building permit is required, shall be and become null, void and of no further force or effect unless said building permit is issued within 180 days after the decision of the ZBA has been filed with the Village Clerk or a final court decision has been entered.

B. Every applicant shall be entitled to one extension of time for an additional period of 90 days, provided that a written request is made and granted by a majority vote of the Zoning Board of Appeals and a fee is paid therefor; said fee to be established by the Board of Trustees by resolution.

C. In cases covered by this section and pursuant to § 49-4, a building permit shall expire within one year after its issuance, unless extended by the Code Enforcement Officer for up to one six-month period for good cause shown. No further extension shall be given; the applicant's sole recourse shall then be to submit a new application to the ZBA.

D. Any variance or special exception granted by the Zoning Board of Appeals or by a court of competent jurisdiction, pursuant to the provisions of this chapter, which requires no building permit shall be and become null, void and of no further force or effect unless, within 180 days after the decision of the ZBA has been filed with the Village Clerk or a final court decision has been entered, the use so granted shall actually have commenced at the premises. One extension shall be granted for an additional ninety-day period, provided that a written request is made and granted by a majority of the Board of Appeals and a fee is paid therefor; said fee to be established by the Board of Trustees by resolution. No further extensions shall be given; the applicant's sole recourse shall then be to submit a new application to the ZBA.

§ 4-9. Limit on number of applications.

[Amended 1-24-2011 by L.L. No. 1-2011]

No parcel or part thereof may be the subject of an application for a special exception or variance within one year after the Zoning Board of Appeals has held a public hearing on an application for such relief, unless such application shall be substantially different from the previous application, except upon a motion adopted by a majority of the members of the Zoning Board of Appeals.

Chapter 5. BINGO LICENSES

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 8-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Games of chance — See Ch. 14.
Licensed businesses and occupations — See Ch. 107.

§ 5-1. Issuance by Village Clerk.

The Village Clerk of the Village of Amityville is hereby authorized to issue licenses for bingo games within the territorial limits of said Village pursuant to §§ 477 and 478 of the General Municipal Law, the other provisions of Article 14-H of the General Municipal Law and the provisions of the Bingo Control Law. Editor's Note: See § 430 et seq. of the Executive Law.

§ 5-2. License fees.

License fees shall be collected by the Village Clerk as provided in § 481 of the General Municipal Law.

Chapter 7. CRIMINAL HISTORY RECORD CHECKS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 9-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Officers and employees — See Ch. 22.
Police Department — See Ch. 25.
Residency requirements — See Ch. 230.

§ 7-1. Legislative intent.

The Board of Trustees find that to protect the public safety and welfare as an exercise of its police power, it is necessary to know whether certain prospective employees and licensees of the Village have a history of criminal activity which may make them unsuitable as Village employees or licensees due to the nature of such employment or licensed activity.

§ 7-2. Fingerprinting for certain prospective employees required.

Any applicant for employment by the Village of Amityville for the following positions shall submit his/her fingerprints on cards provided for that purpose used by the New York State Division of Criminal Justice Services (DCJS). Said fingerprints shall be taken by a member or authorized representative of the Amityville Police Department at the time of application and submitted to said Division of Criminal Justice Services for processing for a criminal record history check:

A. All employees of the Amityville Police Department who are not police officers.

B. All employees of the Highway Department who will have to operate a vehicle or motorized equipment as part of their normal duties.

§ 7-3. Fingerprinting for certain prospective licensees required.

Any applicant for one of the following licenses issued by the Village of Amityville shall submit his/her fingerprints on cards provided for that purpose used by said Division of Criminal Justice Services. Such fingerprints shall be taken by a member or authorized representative of the Amityville Police Department at time of license application and submitted with the appropriate processing fee from the applicant to said Division for processing for a criminal history record check:

A. Taxicab driver's license.

B. Peddler's license for sales from vehicles.

C. Cabaret license, unless the applicant also has a valid SLA license for the premises.

§ 7-4. Convictions precluding employment or license.

A conviction of any felony, or, in the case of employment or a license whose responsibilities include operation of a motor vehicle, a conviction of any traffic misdemeanor involving use of drugs or alcohol or unlicensed operation of a motor vehicle, shall be a sufficient ground to reject the prospective employee or licensee.

§ 7-5. Responsibilities of Chief of Police.

The Chief of the Amityville Police Department, or his designee, shall be responsible for obtaining the fingerprints of said applicants on the appropriate DCJS cards and forwarding same to said Division with the appropriate fees for identification processing. Said Chief shall be responsible for reviewing the criminal history record information provided by DCJS and ensuring the confidential use of such information only for the purpose of employment or licensure, as applicable.

Chapter 10. ETHICS, CODE OF

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 10-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Officers and employees — See Ch. 22.
Residency requirements — See Ch. 230.

§ 10-1. Purpose.

It is the purpose of this chapter to establish a Code of Ethics setting forth standards of conduct for the officers and employees of the Village of Amityville.

§ 10-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
OFFICER or EMPLOYEE
An officer or employee of the Village of Amityville, whether paid or unpaid, including members of any administrative commission or other agency thereof. No person shall be deemed to be a Village "officer or employee" solely by reason of being a volunteer fireman or civil defense volunteer, except a Chief Engineer or Assistant Chief Engineer.

§ 10-3. Standards of conduct.

Every officer and employee of the Village of Amityville shall be subject to and abide by the following standards of conduct:

A. To the extent that he knows thereof, an officer or employee who participates in the discussion or gives official opinion to the Board of Trustees on any legislation pending before it shall publicly disclose to the Board of Trustees the nature and extent of any direct or indirect pecuniary or material benefit which would accrue to him from the enactment or failure of enactment of such legislation.

B. He shall not invest or hold any investment directly or indirectly which creates a conflict of interest with his official duties.

C. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict of interest with or impairs the proper discharge of his official duties.

D. He shall not, after termination of his employment or service with the Village of Amityville, appear before any board or agency of the Village in relation to any case, proceeding or application in which he personally participated during the period of his employment or service or which was under his active consideration.

Chapter 12. FIRE DEPARTMENT

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 11-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Police Department — See Ch. 25.
Fire prevention — See Ch. 81.
Conduct at fires — See Ch. 83.

§ 12-1. Authorization to extend assistance beyond Village limits.

The Fire Department of the Village is hereby authorized and permitted to go to the aid of another city, Village, town or fire district or territory outside the Village to aid in extinguishing a fire or fires therein, and while in the performance of their duties in extending such aid, the members of said Department shall have the same immunity and privileges as though performing the same within the Village, pursuant to § 209 of the General Municipal Law. The Chief or other head of the Fire Department, or of any company thereof, is authorized to extend such aid, in his discretion, in answer to a call for assistance from such Village, town, fire district or other territory, provided always that sufficient apparatus and membership is kept in the Village for local protection at all times.

§ 12-2. Adoption of program; provision for public referendum.

Pursuant to § 217 of the General Municipal Law:

A. The Board of Trustees has established a service award program for volunteer members of the Amityville Fire Department by Local Law No. 12 of 1991, which local law was duly approved by a majority of the electors of the Village of Amityville on November 5, 1991. Said service award program was duly amended by Local Law No. 1 of 2003 as duly approved by a majority of the electors of said Village on November 4, 2003, and further amended by Local Law No. 7 of 2005 as duly approved by a majority of the electors of said Village on November 8, 2005.

B. The program shall consist of a defined benefit plan, with investment and administrative services to be provided by a plan administrator designated by the Board of Trustees.

C. The Mayor shall, on the advice of the Village Attorney, be authorized to execute a contract with said Plan Administrator on behalf of the Village of Amityville.

D. The Board of Trustees of the Village of Amityville is hereby designated as the Service Award Program Committee and is authorized to meet for the purpose of considering aspects of the award program which are, by law, obligations of the program sponsor, such Committee to be chaired by the Mayor.

Chapter 14. GAMES OF CHANCE

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 12-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Bingo licenses — See Ch. 5.
Licensed businesses and occupations — See Ch. 107.

§ 14-1. License issued by Village Clerk.

The Village Clerk of the Village of Amityville is hereby authorized to issue licenses for games of chance within the territorial limits of said Village pursuant to § 188 of the General Municipal Law, subject to the provisions of Article 9-A of the General Municipal Law and the rules and regulations of the New York State Racing and Wagering Board.

§ 14-2. License fees.

License fees shall be collected by the Village Clerk as provided in §§ 191 and 195-f of the General Municipal Law.

Chapter 16. INFORMATION, PUBLIC

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

Article I. Website and Newsletter

[Adopted 12-14-2009 by L.L. No. 13-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 16-1. Purpose.

The Board of Trustees finds that it is in the public interest to provide information to Village residents as to the official activities of Village government, including but not limited to notices of public meetings, information as to the structure and function of Village government, names and official phone numbers of Village officers, schedules for Village activities, summaries of official actions taken or contemplated, and financial reports. The Board further finds that such information can be effectively disseminated over the Internet by establishment and use of a website for the Village and by a periodic newsletter mailed to Village residents, and that the reasonable and actual costs thereof are a proper public expense and should be included in the annual Village budget.

§ 16-2. Authorization.

The Board of Trustees hereby authorizes the establishment of an Internet website to be known as amityville.com and the publication of a Village newsletter from time to time to be mailed to the homes of all residents of the Village of Amityville without charge pursuant to § 4-412(1) of the Village Law.

§ 16-3. Use.

Said website and such newsletter shall be used solely to provide information of public interest to Village residents including notices of meetings of various official Village boards and departments, contact information for elected officials, appointed officers and department heads, reports on actions taken or contemplated by Village officials, notices of events of general interest to Village residents, and financial reports. Such website and said newsletter shall not be used for any matter which primarily promotes private, partisan or political purposes or undertakings.

§ 16-4. Costs to be included in annual budget.

The reasonable and actual costs to establish, maintain and update such website and to publish and mail said newsletter to Village residents shall be a public charge and shall be included in the annual budget for the Village.

Chapter 18. LOCAL LAWS, ADOPTION OF

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 14-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

§ 18-1. Hearing required; notice.

No local law shall be adopted by the Board of Trustees until a public hearing shall be had thereon. Notice of such hearing shall be given by causing same to be published once in at least one of the official newspapers at least three days prior to the date fixed for such hearing. Such notice shall contain the time and place of such hearing, together with the title of the proposed local law, and a brief explanatory statement prepared by the Village Clerk and approved by the Village Attorney. Proof of publication of such notice of public hearing shall be filed in the office of the Village Clerk.

§ 18-2. Filing of certified copy.

A certified copy of each local law shall be filed in the office of the Village Clerk, to which copy there shall be attached a certificate executed by the Village Attorney to the effect that it contains the correct text and that all proper proceedings have been had or taken for the enactment of such local law, which certificate shall constitute presumptive evidence of such adoption, filing, publication or posting in any action or special proceeding in any court or otherwise.

Chapter 22. OFFICERS AND EMPLOYEES

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Code of ethics — See Ch. 10.
Residency requirements — See Ch. 26.
Salaries, compensation and terms of office — See Ch. 28.

Article I. Defense and Indemnification

[Adopted 12-8-2008 by L.L. No. 2-2008 Editor's Note: Section 1 of this local law provided that: "The purpose of this article is to provide legal and financial protection for those individuals serving the Village of Amityville from claims which may be brought against them in their individual capacity for actions taken while in the performance of their official duties and responsibilities. In enacting this article, the Board of Trustees finds that the State of New York has enacted similar provisions for the legal and financial security of its officers and employees and further finds that such security is also required for local personnel. By enactment of this article, the Board of Trustees does not intend to limit or otherwise abrogate any existing right or responsibility of the Village or its employees with regard to indemnification or legal defense. It is solely the intent of this article to provide similar coverage for local employees as is presently provided for state employees so as to continue to attract qualified individuals to local government service. Such defense and indemnification is specifically authorized by § 18 of the Public Officers Law." ]

§ 22-1. Definitions.

As used in this article, unless the context otherwise requires, the following terms shall have the meanings indicated:
EMPLOYEE
Any member of the Board of Trustees, the Zoning Board of Appeals, the Planning Board, any officer, employee, or a volunteer expressly authorized to participate in a volunteer program sponsored by the Village, or any other person holding an office or position by election, appointment or employment in the service of the Village, but not including an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.

§ 22-2. Employees entitled to defense by Village.

A. Upon compliance by the employee with the provisions of § 22-4 of this article, the Village shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting within the scope of his public employment or duties, or which is brought to enforce a provision of 42 U.S.C. § 1981 or 1983. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the Village of Amityville.

B. Subject to the conditions set forth in Subsection A, the employee shall be entitled to be represented by the Village Attorney; provided, however, that the employee shall be entitled to representation by private counsel of his choice in any civil judicial proceeding whenever the Village Attorney determines, based upon his investigation and review of the facts and circumstances of the case, that representation by the Village Attorney would be inappropriate, or whenever a court of competent jurisdiction, upon appropriate motion or by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by private counsel of his choice. The Village Attorney shall notify the employee in writing of such determination that the employee is entitled to be represented by private counsel of his choice. The Village Attorney may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. If the employee or group of employees is entitled to representation by private counsel under the provisions of this section, the Village Attorney shall so certify to the Board of Trustees. Reasonable attorney's fees and litigation expenses shall be paid by the Village to such private counsel from time to time during the pendency of the civil action or proceeding, subject to certification that the employee is entitled to representation under the terms and conditions of this article by the head of the department, commission, division, office or agency in which such employee is employed and upon the audit and warrant of the Village Treasurer. Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorney's fees shall be resolved by the court upon motion or by way of a special proceeding.

C. Where the employee delivers process and a request for a defense to the Village Attorney as required by § 22-4, the Attorney shall take the necessary steps, including the retention of private counsel under the terms and conditions provided in Subsection B above on behalf of the employee, to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense.

§ 22-3. Village indemnification of employees.

A. The Village shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in any state or federal court or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or settlement arose occurred while the employee was acting within the scope of his public employment or duties. The duty to indemnify and save harmless prescribed by this section shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee. Nothing in this subsection shall authorize a public entity to indemnify or save harmless an employee with respect to punitive or exemplary damages, fines or penalties, or money recovered from an employee pursuant to § 51 of the General Municipal Law; provided, however, that the public entity shall indemnify and save harmless its employees in the amount of any costs, attorney's fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employer, acting within the scope of his public employment or duties, has, without willfulness or intent on his part, violated a prior order, judgment, consent decree or stipulations of settlement entered in any court of this state or the United States.

[Amended 1-24-2011 by L.L. No. 1-2011]

B. An employee represented by private counsel shall cause to be submitted to the Board of Trustees any proposed settlement which may be subject to indemnification by the Village, and if not inconsistent with the provisions of this article, the Mayor shall certify such settlement and submit such settlement and certification to the Village Attorney. The Attorney shall review such proposed settlement as to form and amount and shall give his approval if in his judgment the settlement is in the best interest of the Village. Nothing in this section shall be construed to authorize the Village to indemnify or save harmless an employee with respect to a settlement not so reviewed and approved by the Village Attorney.

C. Upon entry of a final judgment against the employee or upon the settlement of the claim, the employee shall cause to be served a copy of such judgment or settlement personally or by certified or registered mail within 30 days of the date of entry or settlement upon the Mayor; and if not inconsistent with the provisions of this article, such judgment or settlement shall be certified for payment by the Mayor. If the Village Attorney concurs in such certification, the judgment or settlement shall be paid upon the audit and warrant of the Village Treasurer.

§ 22-4. Conditions on Village's duty to defend or indemnify.

A. The duty to defend or indemnify and save harmless provided by this article shall be conditioned upon:

(1) Delivery to the Village Attorney at his office by the employee of the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after he is served with such document; and

(2) The full cooperation of the employee in the defense of such action or proceeding and in the defense of any action or proceeding against the Village based upon the same act or omission and in the prosecution of any appeal.

B. Such delivery shall be deemed a request by the employee that the Village provide for his defense pursuant to this article.

§ 22-5. Scope of coverage.

The benefits of this article shall inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party, nor shall any provision of this article be construed to affect, alter or repeal any provision of the Workers' Compensation Law.

§ 22-6. Insurer unaffected.

The provisions of this article shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance.

§ 22-7. Applicability.

The provisions of this article shall apply to all actions and proceedings pending upon the effective date hereof or thereafter instituted.

§ 22-8. Existing rights and immunity unaffected.

Except as otherwise specifically provided in this article, the provisions of this article shall not be construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the Village, or any right to defense and/or indemnification provided for any governmental officer or employee by, in accordance with or by reason of any other provision of state or federal statutory or common law.

Chapter 24. PLANNING BOARD

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Zoning Board of Appeals — See Ch. 4.
Criminal history record checks — See Ch. 7.
Code of ethics — See Ch. 10.
Officers and employees — See Ch. 22.
Residency requirements — See Ch. 26.
Salaries, compensation and terms of office — See Ch. 28.

Article I. Establishment; Powers; Application Procedures

[Adopted 12-14-2009 by L.L. No. 15-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 24-1. Continuation of Planning Board; alternate member.

A. The Planning Board, consisting of five members heretofore established by the Board of Trustees, is continued and shall have the powers and duties set forth in this Code and the Village Law.

B. The Mayor, subject to the approval of the Board of Trustees, shall appoint from time to time one alternate member for a term of one year to serve when a member is absent or unable to participate because of a conflict of interest. The Chairperson of the Planning Board shall designate the alternate member to substitute for said member, and such alternate shall have all the powers and responsibilities of a member of the Planning Board while so designated.

§ 24-2. Authority to make rules.

The Planning Board shall make rules as to the manner of filing applications for matters requiring the approval or review of the Planning Board.

§ 24-3. Notice of hearing.

Upon the filing with the Planning Board of an application requiring the approval of said Board as set forth in § 24-6, a time and place for a public hearing thereon shall be fixed with notice as follows:

A. By publishing a notice thereof once a week for two weeks in at least one of the official newspapers.

B. By posting a notice thereof in a conspicuous place at the Village Hall on or before the date of first publication.

C. By requiring the applicant to mail a notice thereof to every association of residents of the Village that shall have registered its name and address for the purpose with the Zoning Board of Appeals or the Planning Board and to the owners of all property within 200 feet of the subject premises at least 10 days prior to the date of the public hearing by certified mail, and proof of such mailing must be submitted to the Clerk of the Board at least two days before said hearing.

[Amended 3-8-2010 by L.L. No. 2-2010]

D. By requiring the applicant to erect a white-with-red-lettering sign or signs measuring not less than 30 inches high and 40 inches wide which shall be prominently displayed 10 feet from the street on the premises facing each public street on which the property abuts, giving notice that an application for Planning Board approval is pending and the date, time and place where the public hearing will be held. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing. The applicant shall file an affidavit that he has complied with the provisions of this section. Notwithstanding the foregoing, an application for architectural review shall require a mailing only to the owners adjacent to the subject premises, including any owners separated from said premises by a public or private street.

§ 24-4. Contents of notice.

The notice required by § 24-3 shall be prepared by the Planning Board or its designee, and state the location of the building or lot and the general nature of the approval requested.

§ 24-5. Application fee.

A. Upon the filing of any application with the Planning Board, there shall be paid to the Clerk of the Board for the account of the Village, with each such application to the Board, such fee as shall be established by the Board of Trustees by resolution.

B. An application for approval of a subdivision, in addition to the basic application fee, shall require an additional fee for each lot to be created by the proposed subdivision, which fee may vary from one zoning district to another.

C. An application involving the construction of a multiple dwelling, a mixed-use dwelling, a professional mixed-use dwelling, a cooperative apartment or condominium complex, in addition to the basic application fee, shall require an additional fee for each unit included in the proposed plan.

D. The fees otherwise established by the Board of Trustees for applications to the Planning Board shall be doubled for every application filed after the construction or the use which is the subject of said application has been commenced.

E. Any applicant who withdraws an application after submission shall be charged an administrative fee of $50 plus the actual cost of the publication of any required legal notice, which shall be deducted from the application fee prior to a refund thereof.

§ 24-6. Powers.

A. The Planning Board shall have the following powers:

(1) Approval.

(a) Approval of every subdivision.

(b) Approval of all site development plans, including modifications or alterations thereto.

(c) Approval of the construction of all artificial waterways.

(d) Approval of environmental impact statements as lead agency in conformity with the requirements of the New York State Environmental Quality Review Act.

(e) Approval of the construction of all multiple dwellings including landscaping, drainage and utility areas.

(f) Approval of the construction of all professional mixed-use dwellings, the conversion of any structure into a professional mixed-use dwelling and the conversion of any units in any such dwelling from office use to dwelling use or from dwelling use to office use.

(g) Architectural review and approval of all exterior construction requiring a building permit in a B-1 Retail Business District, B-2 General Business District and B-3 Marine Business District and the H Historical District.

(h) Architectural review and approval of all new construction and any exterior reconstruction involving an existing structure where the area to be altered or reconstructed is at least 25% of the area of said existing structure in the A, BB, B and C Residence Districts.

(i) Approval of drainage, paving, landscaping and seeding in the Industrial District.

(j) Approval of a variation of a sign in any zoning district from the requirements of the Code as to height, area, design, color, type and number of signs.

(2) Such other powers as shall specifically be given to the Planning Board by this Code.

B. The power to approve, as granted herein, shall also include the power to impose reasonable stipulations upon the applicant, and to modify and approve or disapprove such application in furtherance of the police power as set forth in § 24-7. It shall also include the power to rescind an approval previously granted for violation of any stipulation imposed in connection therewith. Such rescission shall only take place by majority vote of the Board at a public hearing after written notice of at least 10 days to the applicant or his successor in interest and a determination that one or more stipulations have been violated, and as a result the public health, safety or welfare has been adversely affected.

§ 24-7. Considerations in making determination.

A. On all applications to the Planning Board, the Board shall consider the following factors in making its determination: The approval given, or the recommendation made, is in harmony with the general purpose and intent of the Code and in accordance with the comprehensive plan set forth in the Code to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewage treatment, parks and other public requirements, to ensure the orderly development of land consistent with the usage and architecture of structures in the surrounding area, to conserve the value of buildings and land and to encourage the most appropriate use of land throughout the Village.

B. On all applications for architectural review, the Planning Board shall consider the skyplane relationship between building setback and the height of the building or structure, as set forth in the skyplane diagram marked as Exhibit A at the end of Chapter 4 of this Code.

[Amended 3-8-2010 by L.L. No. 2-2010]

§ 24-8. Recreation fee.

A. There shall be paid to the Village a sum to be determined by the Board of Trustees by duly adopted resolution for each lot created by the approval of each subdivision application or for each residential unit included in a decision granted by the Planning Board on an application for site plan approval involving the construction of a multiple dwelling, a mixed-use dwelling, a professional mixed-use dwelling, a cooperative apartment or condominium complex. The payment of said recreation fee shall be a condition to such approval. The fees collected pursuant to this section shall constitute a trust fund to be used by the Board of Trustees exclusively for neighborhood park, playground or recreation purposes, including the acquisition of land, which will serve to primarily, although not exclusively, benefit the residents of such dwellings.

B. This section is adopted to conform to the provisions of § 7-730 of the New York State Village Law relevant hereto; however, this section is also adopted with the clear intent of superseding § 7-725-a of said New York State Village Law in accordance with the provisions of the New York State Municipal Home Rule Law, insofar as this law authorizes the Planning Board to collect a recreation fee in matters involving site plan review.

[Amended 1-24-2011 by L.L. No. 1-2011]

C. Any property that has had previous Planning Board approval which resulted in the payment of a recreation fee or the setting aside of parkland, on a per-lot or per-unit basis, shall thereafter be exempt from future assessments of land or money for recreation purposes to the extent that any future applications do not result in a greater number of total lots and units than have previously been so approved and assessed.

§ 24-9. Expiration of approval or grant; extension of time.

A. Every approval or application granted by the Planning Board or by a court of competent jurisdiction pursuant to the provisions of this chapter which involves a project for which a building permit is required shall be and become null, void and of no further force or effect unless said permit is issued within 180 days after the decision of the Planning Board has been filed with the Village Clerk or a final court decision has been entered.

B. Every applicant shall be entitled to one extension of time for an additional period of 90 days, provided that a written request is made and granted by a majority of the Planning Board and a fee is paid therefor; said fee to be established by the Board of Trustees by resolution.

C. In cases covered by this section and pursuant to § 49-4, such building permit shall expire within one year after its issuance, unless extended by the Code Enforcement Officer for one six-month period for good cause shown. No further extension shall be given; the applicant's sole recourse shall then be to submit a new application to the Board.

D. Any approval or grant by the Planning Board or by a court of competent jurisdiction pursuant to the provisions of this chapter which requires no building permit shall be and become null, void and of no further force or effect unless the use approved is commenced within 180 days after the decision of the Planning Board has been filed with the Village Clerk or a final court decision has been entered. One extension shall be granted for an additional ninety-day period, provided that a written request is made and granted by a majority vote of the Planning Board and a fee is paid therefor; said fee to be established by the Village Board of Trustees by resolution. No further extension shall be given; the applicant's sole recourse shall then be to submit a new application to the Planning Board.

§ 24-10. Limit on number of applications.

No parcel or part thereof may be the subject of an application for Planning Board approval within one year after the Planning Board has held a public hearing on an application for approval, unless such application shall be substantially different from the previous application, except upon a motion adopted by a majority of the members of the Planning Board.

Article II. Site Plan Review

[Adopted 12-14-2009 by L.L. No. 15-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 24-11. Legislative purpose; findings.

A. Pursuant to § 7-725-a of the Village Law, the Board of Trustees herein enacts this article to regulate the review of site plan applications and the issuance of site plan approvals, denials, approvals with modifications and approvals with conditions by the Village Planning Board.

B. The Board finds that reasonable supervision and control over the layout and design of certain sites is necessary to provide for community health, safety and welfare. While a designated use may be appropriate for a certain zoning district or even a particular parcel, control over layout and design of the site must be effected in order to integrate the site into the surrounding community and to obviate, or at least substantially mitigate, negative effects a particular developmental proposal could or would engender. Further, the regulations provided in Chapter 183, Zoning, do not provide the type of site-specific review necessary to assure those ends. Accordingly, the Board of Trustees finds that, in the circumstances set forth below, proposals for site development or redevelopment must be reviewed and approved prior to the issuance of any building permit or certificate of occupancy respecting such development or redevelopment.

C. The Board also finds that the site plan review and approval process must be designed to both protect, preserve and advance the interests of the community and to encourage positive economic development within the Village. While community interests must not be sacrificed, it also must be recognized that excessive, duplicative or unnecessary administrative proceedings serve only to chill economic growth. The underlying aim of this article is to provide control over construction in a manner which prevents negative construction and encourages positive community and economic development.

§ 24-12. Definitions.

As used in this article, the following terms shall have the meanings indicated:
SITE PLAN
A rendering, drawing or sketch prepared to all relevant specifications and containing necessary elements, as set forth in this article, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Plats showing lots, blocks or sites which are subject to review pursuant to authority provided for the review of subdivisions under § 7-728 of the Village Law shall continue to be subject to such review and shall not be subject to review as site plans under this article. However, this article shall apply in the case of any proposal which contemplates the use of a particular parcel in conjunction or interrelation with one or other parcels. In such circumstances, the term "single parcel" as stated above shall be deemed to respect all of the properties involved.

§ 24-13. Issuance of building permits and certificates of occupancy.

Where an approved site plan or the approval of modifications to an existing site plan is required pursuant to this article, no building permit, plumbing permit, sign permit or certificate of occupancy may be issued until such time as the site plan approval or approval of site plan modification is issued.

§ 24-14. Expiration in absence of construction.

[Amended 3-8-2010 by L.L. No. 2-2010]

A. Any site plan approval or approval of site plan modification issued pursuant to the provisions of this article shall become null, void and of no further effect unless a building permit for the construction upon said site plan shall have been issued within 180 days of the filing of such approval.

B. However, in such instance where an approved site plan requires area or use variance relief or special permission issued by the Zoning Board of Appeals or the Board of Trustees, the one-hundred-eighty-day period shall not begin to run until the Zoning Board of Appeals or the Board of Trustees shall file its determination on an application respecting such relief, provided said application is filed within 60 days of the filing of the site plan approval or approval of site plan modification.

§ 24-15. Additional site plan applications.

No parcel or part thereof may be the subject of an application for a site plan approval within one year after the determination rendered on a site plan application is filed, unless such application is substantially different from the previous application.

§ 24-16. Site plan approval.

The Planning Board of the Village of Amityville is hereby authorized to review, approve, disapprove, approve with modifications and approve with conditions, site plans and modifications to existing site plans as required by this article.

A. An approved site plan shall be required for the following when such concerns commercial, industrial, multiple residence or senior citizen multiple residence development as follows:

(1) Any application for a building permit or certificate of occupancy where there is an increase in building area or floor area, exclusive of outside storage, of 10% or more.

(2) Any application for a building permit or certificate of occupancy which proposes the use of parking facilities located on any other parcel, whether adjacent or not.

(3) Any application for a building permit or certificate of occupancy which proposes the use of parking facilities located on any other parcel, whether vacant or not.

(4) Any substantial reconfiguration of a site or approved site plan.

(5) New commercial, industrial, multiple residence or senior citizen multiple-residence development.

(6) Substantial commercial, industrial, multiple residence or senior citizen multiple-residence redevelopment.

(7) Any significant commercial, industrial, multiple residence or senior citizen multiple-residence redevelopment or reconfiguration of an approved site plan located within 100 feet of any waterway or designated wetland.

(8) Any application for a building permit or certificate of occupancy which receives a positive declaration pursuant to applicable environmental quality review statutes and regulations by another involved agency.

(9) Any change of use which increases on-site parking requirements by 10% or more if such requires providing a parking area not on an existing site plan.

(10) Any application respecting the outside storage of material, whether or not offered for retail or wholesale sales, which occupies 10% or more of the subject property.

(11) Any application for a building permit or certificate of occupancy which seeks to erect freestanding lighting within 100 feet of any residentially zoned or developed property, any public park or any waterway.

(12) Any application for a building permit or an application concerning site development which fails to conform to the site development guidelines adopted by the Planning Board pursuant to § 24-22, unless waived or modified by the Planning board.

(13) Any application for a subdivision.

(14) Any proposed change in average grade of the subject premises of more than one foot.

B. An approved site plan shall also be required for any application for a building permit or certificate of occupancy which requires an environmental declaration be made and no other Village agency has jurisdiction over the issue, in which event no public hearing shall be required.

§ 24-17. Conditions and modifications to approved site plans.

A. The Planning Board shall have the authority to impose such reasonable conditions and/or restrictions as are directly related to and/or incidental to a proposed site plan, reasonably anticipated uses thereof and/or reasonably anticipated community development. Such conditions and/or restrictions may be imposed as covenants and restrictions.

B. The Planning Board shall have authority to impose modifications as are directly related to and/or incidental to a proposed site plan, reasonably anticipated uses thereof and/or reasonably anticipated community development.

§ 24-18. Site plan review objectives.

A. In reviewing site plans, consideration shall be given to the public health, safety, welfare and to the comfort and convenience of the public in general, of the residents of the community at large and of the immediate neighborhood in particular.

B. In reviewing site plan applications, the Planning Board shall give consideration to the following factors, among others:

(1) That all proposed vehicular and pedestrian accessways, entrances and exits are adequate in width, grade, alignment and visibility; are not located too near street corners or other places of public assembly; and other similar design and safety considerations, including compliance with the Americans with Disabilities Act.

(2) That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the site and that the interior vehicular and pedestrian circulation system is adequate to provide safe and reasonably viable accessibility to all required off-street parking lots, loading bays and building services.

(3) That sites are reasonably screened from the view of adjacent and/or nearby residentially zoned or developed parcels and residential streets and that the general landscaping and general character of the site is such as to enhance the character of the Village and local community and is in character with the neighborhood.

(4) That all existing trees over four inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible. The Planning Board may require an applicant to submit a plan showing all such trees and/or all existing vegetation. If review pursuant to this article is required, no land clearing shall be conducted except pursuant to the approved site plan and not until the site plan approval has been filed.

(5) That all plazas and other paved areas intended for use by pedestrians shall, to the extent reasonably practical, employ decorative pavements and/or shall use plant materials so as to prevent the creation of vast expanses of pavement.

(6) That all outdoor lighting is of such nature and design and arranged so as to preclude the diffusion of glare onto adjoining properties and streets.

(7) That building facades are compatible with the Bay Village architectural theme.

(8) That the drainage system and layout proposal will afford an adequate solution to any reasonably anticipated drainage problems.

(9) That plans for internal water and sewer systems are adequate.

(10) That the site plan is in conformance with the proposed and reasonably anticipated uses of the parcel pursuant to Chapter 183, Zoning.

(11) That the refuse containment and disposal facilities are adequate for the site and do not intrude upon adjacent property, streets or other public ways or individuals visiting or working on the site; all such facilities shall contain a concrete floor and shall be enclosed by a six-foot-high cyclone fence with self-closing and self-latching gates. The fence shall be provided with privacy slats on all sides for its full height. The Planning Board shall have the authority to approve alternative enclosures that they find to be more appropriate.

(12) That the general health, safety and welfare of the Village and the local community is not negatively affected by the proposed site plan.

(13) That the proposed site plan will provide development in harmony with and will have a positive influence upon the community.

C. No building permit shall be issued for any construction in connection with an approval site plan unless the Code Enforcement Officer has approved a stormwater pollution prevention plan in accordance with the requirements of Chapter 150 of the Code.

§ 24-19. Site plan review procedures.

A. No application for site plan review and approval shall be deemed complete for submission unless it is first reviewed and cleared by the Code Enforcement Officer. Said officer shall review each such application within 15 days of delivery of the same to the Code Enforcement Officer. If the application is found to be incomplete, the applicant will then be so notified.

B. If an application is still incomplete 60 days after notice from the Code Enforcement Officer of any incomplete item or items, the application shall be deemed abandoned and the application fee will be forfeited. The Planning Board may, however, grant extensions of the sixty-day time frame.

C. Upon acceptance of a complete application, which shall include adequate copies of the proposed site plan and all required information, a post-submission conference shall be scheduled with the Code Enforcement Officer to discuss and review the site plan submitted so that the applicant may proceed with a clear understanding of the Village's requirements in matters relating to the development of the site, including the provisions of this article and Chapter 183, Zoning. The applicant may request an informal review of the application by the Planning Board prior to the public hearing.

D. The Planning Board shall render its decision within 62 days from the conclusion of the public hearing.

E. The time within which the Planning Board must render its decision may be extended by mutual consent of the Planning Board and the applicant.

F. All Planning Board decisions must be filed with the Village Clerk and a copy thereof mailed to the applicant.

§ 24-20. Site plan application requirements.

A. The applicant shall cause a site plan to be prepared by a New York State duly licensed architect, civil engineer or surveyor. The site plan shall include those of the elements listed herein which are appropriate to the proposed development and any additional information required by the Planning Board.

B. The applicant shall provide the following information:

(1) The name and address of the owner of record.

(2) A copy of the existing deed and any easements or covenants and restrictions applying to the property.

C. The site plan shall include:

(1) The location of existing and proposed buildings and/or structural improvements.

(2) The location and design of all uses not requiring structures, such as off-street parking and loading areas and areas designated for outside storage.

(3) The location, height, direction, power and time of operation for any proposed outdoor lighting.

(4) The location of any exterior signs.

(5) The location, arrangement and proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of water and sewer lines. Proposed pedestrian connections to public parking lots should also be shown.

(6) Proposed screening and other landscaping, including a landscape plan, schedule of plantings and underground irrigation system.

(7) The location and connection to facilities of all proposed waterlines, valves and hydrants and all drainage and sewer lines or alternate means of water supply and sewage disposal and treatment facilities.

(8) An outline of any proposed easements, deed restrictions or covenants and a notation of any areas to be dedicated to any public agency.

(9) Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties or the street.

(10) Elevations of all existing and proposed principal and accessory structures.

(11) If the site plan indicates only a first stage, a supplementary plan indicating the ultimate site development and all phases of interim development.

(12) The location of any buildings, structures and vehicular and/or pedestrian entrances and exits within 50 feet of the subject property.

(13) The zoning classification of all properties within 50 feet of the subject property.

(14) Any other information required by the Planning Board.

D. Unless waived by the Planning Board, plans for all required improvements must be submitted by a New York State duly licensed civil engineer or licensed architect or surveyor. Installation of all improvements must be under the direct supervision of a registered architect or licensed engineer.

E. The applicant shall provide a letter from a New York State duly licensed architect or engineer certifying that all construction, improvements and work has been completed in accordance with the approved site plan, the Code of the Village of Amityville, the New York State Uniform Fire Prevention and Building Code, as well as all other relevant laws, rules and regulations. Such letter shall be a requirement for the issuance of a certificate of occupancy.

§ 24-21. Rulemaking and interpretation.

A. The Planning Board is hereby authorized to enact rules to supplement the requirements noted in § 24-20. The Planning Board may promulgate such forms as it deems appropriate respecting applications pursuant to this article.

B. The Planning Board shall have full authority to interpret and implement this article.

§ 24-22. Authorization to enact general site plan specifications and architectural guidelines.

A. The Planning Board is hereby further empowered to enact general guidelines and specifications for site development. Such authority includes setting guidelines for architectural design and character consistent and compatible with the Bay Village architectural theme. Any application for a building permit or certificate of occupancy must comply with such restrictions unless a site plan is approved pursuant to § 24-23.

[Amended 3-8-2010 by L.L. No. 2-2010]

B. Guidelines and specifications adopted by the Planning Board pursuant to this section shall concern only the issues embraced within this article. Such guidelines and specifications may not conflict with any provision of Chapter 183, Zoning, or any other provision of this Code.

§ 24-23. Modification of application requirements.

A. With regard to any particular application, the Planning Board may, when reasonable, waive any requirements indicated in § 24-20, any rule it has promulgated pursuant to § 24-21 or guidelines and specifications it has enacted pursuant to § 24-22 in the event that any such requirements are found not to further the interest of the public health, safety or general welfare or intent of the chapter or to be inappropriate to a particular site plan.

B. The Planning Board may require in any specific case that additional information be indicated on a site plan, notwithstanding that such is not required by § 24-20 or any rule promulgated pursuant to § 24-21 or general guidelines and specifications promulgated pursuant to § 24-22, if the Board finds such information necessary or beneficial to its review of the application.

§ 24-24. Referral for comment.

A. The Zoning Board of Appeals may seek an advisory opinion from the Planning Board for examination and comment on any site plan or developmental proposal when it finds that such review and comment would be helpful in its review of any application within its jurisdiction. If the Planning Board shall determine that a site plan application is not required pursuant to the terms of this article, it shall issue a response to the Zoning Board of Appeals within 30 days. If the Planning Board shall determine that a site plan application is required, it shall so notify the Zoning Board of Appeals and the applicant within 30 days. If a site plan application is not necessary, the Planning Board may nevertheless issue comments and recommendations on the developmental proposal. However, such comments and recommendations shall not be binding upon the Zoning Board of Appeals. The time within which the Zoning Board of Appeals must make a decision shall be tolled during the pendency of any request made pursuant to this subsection.

B. The Planning Board may seek an advisory opinion from the Zoning Board of Appeals concerning the interpretation of any section of the Village Code within the jurisdiction of the Zoning Board of Appeals and/or concerning the necessity or nature of any variance or special exception relief which may be presented in any site plan application. In such circumstances, notice of the request shall be forwarded to the applicant, who shall have 10 days to file comments with the Zoning Board of Appeals. The Zoning Board of Appeals shall file response within 30 days after the expiration of the time frame within which applicant may submit comments. The time within which the Planning Board shall be required to render a decision on the application shall be tolled during the pendency of any request for an advisory opinion.

Article III. Architectural Review of Structures

[Adopted 12-14-2009 by L.L. No. 15-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 24-25. Submission; information required.

A. As soon as practicable, and in any event not more than 10 business days after receipt of a completed application for a building permit which is subject to § 24-6A(1)(g) or (h) of this chapter, the Code Enforcement Officer shall forward such application, together with the plans and other information set forth in Subsection B, to the Planning Board for architectural review thereof.

B. Applications must be accompanied by plans showing all elevations of new structures and all affected elevations in the case of additions or alterations. Such plans shall show all details of exterior construction, exterior colors including materials for exterior walls, doors, windows and roofs. For all new structures, a site plan with a scale minimum of one inch equals 20 feet must be submitted, showing the following:

(1) Property lines, including curblines of adjacent streets.

(2) Outline of existing and proposed structure, including walks, driveways, terraces, walls and fences.

(3) Location of existing adjacent buildings relative to the property line.

(4) Existing and proposed contours at two-foot intervals.

(5) Existing trees and trees to be removed with a trunk diameter of four inches or more at a point 12 inches above the ground.

(6) All proposed plantings.

C. The Code Enforcement Officer or the Planning Board may require submission of all or a portion of the above information as part of the application for an addition to an existing structure. The Code Enforcement Officer or the Planning Board may require the applicant to furnish grades and elevations of adjacent property and structures where they deem this information applicable to a proper evaluation of the relationship between existing and proposed structures.

§ 24-26. Features and suitability of site to be considered.

In considering an application for architectural review and approval, the Planning Board shall take into account natural features of the site and surroundings, exterior design and appearances of existing structures and the character of the district and its peculiar suitability for particular purposes, with a view to conserving the values of property and encouraging the most appropriate use of land.

§ 24-27. Grounds for approval.

The Planning Board shall approve issuance of a building permit by the Code Enforcement Officer for any application referred to it upon finding that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan, would be in harmony with the purpose of this chapter and the Bay Village architectural theme, would not be visually offensive or inappropriate by reason of poor quality of exterior design, would not have monotonous similarity or striking visual discord in relation to the adjacent sites or surroundings, would not mar the appearance of the area, would not impair the use, enjoyment and desirability and reduce the values of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate development and utilization of the site or of adjacent lands and would not adversely affect the functioning economic stability, property, health, safety and general welfare of the entire community.

§ 24-28. Conditions of approval.

In approving any application, the Planning Board may recommend appropriate conditions and safeguards.

§ 24-29. Reasons for denial.

The Planning Board may deny any application for architectural review, provided that said Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan and provided that the Board finds and states that the structure for which the permit was requested would, if erected or altered as requested by the applicant, result in the following:

A. Monotonous similarity to any other structure or structures located or proposed to be located on the same street or a corner thereof and within 250 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:

(1) Substantially identical facade, disregarding color; or

(2) Substantially identical size and arrangement of either doors, windows, porticos, porches or garages or other openings or breaks or extensions in the facade, including reverse arrangements; or

(3) Other substantially identical features, such as but not limited to setbacks from street lines, heights, widths and lengths of elements of the building design and exterior materials and treatments.

B. Striking dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the same street or a corner thereof and within 250 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:

(1) Facade, disregarding color;

(2) Size and arrangements of doors, windows, porticos, porches or garages or other openings or breaks or extensions in the facade; or

(3) Other significant design features, such as but not limited to heights, widths and lengths of elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences and service and loading areas.

C. Visual offensiveness or other poor qualities of exterior design, including, with respect to signs, consideration of the harmony or discord of colors, or incompatibility of the proposed structure with the terrain on which it is to be located, including but not limited to excessive divergences of the height or levels of any part of the structure from the grade of the terrain.

D. Lack of compatibility with the Bay Village architectural theme.

E. Failure to comply with the sky plane requirements set forth in the skyplane diagram marked as Exhibit A at the end of Chapter 4 of this Code.

§ 24-30. Denial of building permit.

The Code Enforcement Officer shall deny any building permit application subject to this article which has not received an approval by the Planning Board.

§ 24-31. Failure to act.

If the Planning Board shall fail to vote on any application referred to it within 45 days of the date of said referral, the application shall be considered to have been approved unless the applicant shall have agreed to an extension of time.

Chapter 25. POLICE DEPARTMENT

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fire Department — See Ch. 12.
Officers and employees — See Ch. 22.
Traffic Violations Bureau — See Ch. 30.

Article I. Indemnification

[Adopted 12-14-2009 by L.L. No. 16-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 25-1. Indemnification for punitive damages.

The Village shall indemnify and save harmless all duly appointed police officers of the Village from any judgment of a court of competent jurisdiction for punitive or exemplary damages arising out of a negligent act or other tort committed by such officers while in the proper discharge of their duties and within the scope of their employment after a determination by the Village as provided in § 25-2 herein.

§ 25-2. Determination to indemnify.

The determination of whether any such police officer properly discharged his duties within the scope of his employment for this purpose shall be made by resolution of the Board of Trustees after an investigation of the facts and a written recommendation by the Mayor, or his designee. Such investigation shall be commenced upon receipt of a claim or notice of claim against such officer. It shall be the obligation of any officer seeking indemnification to promptly notify the Village of a claim or potential claim and to fully cooperate in the investigation and defense thereof.

Chapter 26. RESIDENCY REQUIREMENTS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 17-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Criminal history record checks — See Ch. 7.
Officers and employees — See Ch. 22.
Salaries, compensation and terms of office — See Ch. 28.

§ 26-1. Purpose.

The legislative body of the Village of Amityville notes that unemployment within the community is currently rising. It is further recognized that emergency work situations arise which require employees of the Village of Amityville to be near their place of employment and to assume the continuation of public services to protect the health, safety and general welfare of the people. Through the adoption of this chapter, the Board of Trustees makes a legislative determination that those who are residents of the Village take a greater interest in promoting the public safety and health and in the future of this community than do nonresidents whose families reside in areas unaffected by Village services. The Board of Trustees further declares that such a quality is desirable for its employees. The Board of Trustees considers that residency by its employees and officers within a community will strengthen the economic status of the Village and will encourage stability in its neighborhoods and assure continuation of essential public services. Pursuant to the applicable state law and pursuant to determinations by the State Public Employment Relations Board, the Board of Trustees determines that the public need is sufficient to require that current Village employees, not otherwise affected by the provisions of this Code or collective bargaining agreements, laws and regulations, who reside in the Village as of the effective date of this chapter and those employees hired after the effective date of this chapter, be residents of the Village.

§ 26-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
RESIDENCY
The actual principal domicile of an individual, where he or she normally eats or sleeps and maintains usual personal and household effects.

§ 26-3. Residency requirement; regulations to be provided.

[Amended 3-8-2010 by L.L. No. 2-2010]

The Board of Trustees hereby continues a residency requirement for all current employees, not otherwise affected by other provisions of this Code or any collective bargaining agreements, laws and regulations and all prospective employees of the Village. Every employee hired prior to February 1, 1981, not otherwise affected by other provisions of this Code or any collective bargaining agreements, laws and regulations, and every person employed by the Village of Amityville on or after February 1, 1981, shall be or remain a resident of the Village of Amityville or shall become a resident within six months of the date of completion of his or her probationary period for the Village. During the time of service of such employees, no individual shall cease to be a resident of the Village. This chapter shall be applicable to all employees regardless of civil service classification. A copy of this chapter shall be provided to all employees and prospective employees. However, the failure of the employer to do so shall not affect the applicability of this chapter to any employee. A copy of this chapter shall also be posted on all notice boards normally used by the employer for employee communications.

§ 26-4. Noncompliance.

Should it be alleged that an employee subject to the provisions of § 26-3 of this chapter is no longer a resident of the Village, the Mayor, upon becoming aware of the allegation, shall provide the employee written notice of his alleged violation and shall allow the employee seven calendar days in which to respond. Regardless of whether or not a response is received, a hearing date shall be determined to examine the charge of nonresidency. The employee shall be sent a notice of the hearing date 15 days prior to the hearing. Upon a determination by a hearing officer or by the Board conducting the hearing that the employee is a nonresident in violation of this chapter, the employee will be deemed to have voluntarily resigned.

§ 26-5. Waiver of requirements.

A. In the event that the Board of Trustees determines that it is in the best interests of the Village to do so, the provisions of § 26-3 may be waived with respect to a particular person or a particular position in accordance with these standards:

(1) Lack of applicants. The requirement of residency may be waived in those instances where the Village has difficulty hiring persons because of the residency requirement.

(2) Necessity for nonresidency. The requirement of residency may be waived in those instances where it is determined that residency is not in the best interests of the Village.

B. Such a waiver shall not in any way affect the application of § 26-3 of this chapter upon any other person or position.

§ 26-6. Severability.

In the event that this chapter or any provision of it shall be deemed by a court to be in conflict with a provision of the New York State Constitution or with a provision of a general state law, or if adherence to or enforcement of any section of this chapter should be restrained by a court, the remaining provisions of this chapter shall not be affected.

§ 26-7. Residency requirements for certain appointed Village officers.

Notwithstanding any other general or special law, no person shall be eligible to be appointed to or hold the office of Village Clerk, Deputy Clerk, Village Treasurer or Deputy Treasurer in the Village of Amityville unless such person is a resident of the Village, a resident of the portion of Suffolk County outside said Village or a resident of Nassau County at the time of such appointment.

Chapter 28. SALARIES, COMPENSATION AND TERMS OF OFFICE

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Officers and employees — See Ch. 22.
Residency requirements — See Ch. 26.

Article I. Mayor and Trustees

[Adopted 12-14-2009 by L.L. No. 19-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 28-1. Salary of Mayor.

There shall be paid to the Mayor of the Village of Amityville an annual salary to be fixed from time to time by resolution of the Board of Trustees consistent with the Village budget.

§ 28-2. Salary of Trustees.

There shall be paid to each Trustee of the Village of Amityville an annual salary to be fixed from time to time by resolution of the Board of Trustees consistent with the Village budget.

§ 28-3. Compensation in weekly installments.

The compensation hereby established shall be paid in equal weekly installments.

§ 28-4. Terms of office; elections.

The terms of office of the Mayor and all Trustees of the Village Board shall be four years. General Village elections shall be held biennially in the odd-numbered years.

Chapter 30. TRAFFIC VIOLATIONS BUREAU

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 20-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Police Department — See Ch. 25.
Vehicles and traffic — See Ch. 172.

§ 30-1. Establishment.

The Village Justice is hereby authorized and empowered to establish a Traffic Violations Bureau to assist the Village Justice Court in the disposition of offenses in relation to traffic violations.

§ 30-2. Appointment of personnel in charge.

A. The Village Justice shall appoint from time to time, subject to and after the approval of the Board of Trustees, the person or persons who shall be in charge of such Bureau.

B. Said appointments shall be made for periods not to exceed one official year.

C. Such persons appointed shall receive such compensation as the Board of Trustees may determine.

D. The Village Justice shall file in writing with the Village Clerk evidence of such appointments.

§ 30-3. Schedule of operation.

A. The Traffic Violations Bureau shall be open on such days and at such hours as the Village Justice Court may designate.

B. The Village Justice shall file in writing with the Village Clerk a schedule of such days and hours.

§ 30-4. Scope of authority.

A. The Traffic Violations Bureau shall be authorized to dispose of violations of traffic laws, rules and regulations when such offenses shall not constitute the traffic infraction known as speeding or a misdemeanor or a felony.

B. The Village Justice shall designate and determine the particular violations to be disposed of by said Bureau.

C. The Village Justice shall file in writing with the Village Clerk a schedule of the designated violations.

§ 30-5. Payment of fines.

A. The Village Justice Court is hereby empowered to determine the amount of the fine to be paid for each particular offense which may be satisfied at the Traffic Violations Bureau as hereinbefore stated, provided that such fines are within the limits established as penalties for such offenses.

B. The Village Justice shall file in writing a schedule of such fines in the office of the Village Clerk.

§ 30-6. Procedure for answering charge at Bureau.

A person charged with any of the offenses, designated as provided in § 30-4 of this chapter, shall be permitted to answer such charge at the Traffic Violations Bureau by appearing in person at such Bureau, paying the fine prescribed and filing a written waiver and power of attorney, waiving a hearing in court, pleading guilty to the charge and authorizing the person in charge of the Bureau to make such a plea and to pay such fine in court.

§ 30-7. Time limit for appearance at Bureau.

The length of time, as calculated from the service of a summons, within which a person shall be permitted to appear before the Traffic Violations Bureau shall be determined by the Village Justice, and he shall file with the Village Clerk a schedule of the time limits for such appearances.

§ 30-8. Form of waiver and power of attorney.

The written waiver and power of attorney provided for in § 30-6 shall be substantially in the following form:

WAIVER AND POWER OF ATTORNEY

I, the undersigned, did violate Section _______ of the Code on the _____ day of _____________, 20___ and do hereby waive a hearing in court and plead guilty to the charge, and authorize the person in charge of the Traffic Violations Bureau to make such a plea in my behalf, and I agree to pay a fine of $____________. I have been informed of my right to counsel, and of my right to appear in court to answer to, explain or defend any charge of violation of any traffic law, ordinance, rule or regulation, and I hereby waive such rights.

Signature:

Address:

Dated: ___________________________

Witnessed:

__________________________________

(Traffic Violations Bureau)

§ 30-9. Acceptance of fine, waiver and power of attorney.

Acceptance of the prescribed fine, waiver and power of attorney provided for herein by Traffic Violations Bureau shall be deemed complete satisfaction for a violation, and the violator shall be given a receipt by the persons in charge of said Bureau. The form of the receipt shall be prescribed by the Village Justice.

§ 30-10. Failure to answer charge within designated time.

If a person charged with a traffic violation does not answer as prescribed in this chapter within the time designated, the Traffic Violations Bureau may cause a complaint to be entered against said person forthwith and a warrant to be issued for his arrest and appearance before the Court.

§ 30-11. Procedure for multiple violations.

[Amended 3-8-2010 by L.L. No. 2-2010]

Any person who shall have been, within the preceding 12 months, guilty of a number of parking violations in excess of such maximum number as may be designated by the Traffic Violations Bureau, or guilty of three or more violations other than parking violations, shall not be permitted to appear and answer to a subsequent violation at the Traffic Violations Bureau, but must appear in court at a time specified by said Bureau.

§ 30-12. Records.

The Traffic Violations Bureau shall keep a record of all violations of which each person has been guilty, whether such guilt was established in court or in the Bureau, and also a record of all fines collected and the disposition thereof.

§ 30-13. Additional duties and records.

The Traffic Violations Bureau shall perform such other or additional duties and keep such other or additional records as shall be prescribed by the Village Justice or the Board of Trustees.

§ 30-14. Discontinuance of Bureau.

The Traffic Violations Bureau may be discontinued by the Village Justice at any time upon order of the Board of Trustees.

PART II: GENERAL LEGISLATION

Chapter 35. ADVERTISING MATERIALS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 21-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Signs — See Ch. 144.

§ 35-1. Purpose; legislative findings.

It is the purpose of this chapter to amend the existing ordinances of the Village of Amityville pertaining to the unsolicited distribution of handbills, newspapers and advertising material on public and private property. The Board of Trustees finds that the constitutionally protected freedoms of speech and the press guarantee the right to distribute printed material to the public at large with the greatest latitude. At the same time, said Board finds that the right of Village residents to privacy and safety in their homes, as well as the general health, safety and welfare, require that reasonable restrictions be placed upon the distribution of such material.

§ 35-2. Permit required for distribution on private property.

A. It shall be unlawful for any person to engage, directly or indirectly, in the unsolicited distribution of handbills, newspapers, advertising matter or any other printed material on privately owned property without a permit issued by the Village Clerk. Such permit shall contain the restrictions on distribution set forth in § 35-8 and shall provide that failure to comply with such restrictions shall be grounds for suspension or revocation of the permit, after hearing by the Board of Trustees, in addition to any penalties otherwise provided in the Code.

B. A separate permit shall be required for the employer, as well as each employee engaged in such distribution.

C. It shall be unlawful for any employer to suffer or allow any employee to engage in such distribution without a permit.

§ 35-3. Information required on application.

Applicants for permit under this chapter must file an application with the Village Clerk containing the following information:

A. Name, address and age of applicant.

B. A brief description of the type of printed material to be distributed.

C. A statement as to whether the applicant has ever been convicted of any felony, misdemeanor or offense involving a municipal local law or ordinance, the nature of the crime or offense and the penalty assessed therefor.

D. Two photographs of the applicant taken not more than 60 days prior to the date of filing of the application, which picture shall not be larger than 1 1/2 inches, and shall show the head and shoulders of the applicant.

E. The name and address of the employer of the applicant, if any.

F. Any applicant under the age of 18 shall submit the appropriate permit or working papers from the State of New York Education Department.

§ 35-4. Investigation; issuance of permit.

A. Upon receipt of the application, the Village Clerk shall forward a copy thereof to the Amityville Police Department for an investigation of the applicant. If the investigation shall establish that the applicant has a police record, the Police Department shall attach a copy thereof to the application and return same to the Village Clerk. If no police record is found, a statement to this effect shall be attached to the application in lieu of the police record.

B. If the investigation shall satisfy the Village Clerk that the applicant is a fit and proper person to receive a permit, the application shall be approved; otherwise, it shall be denied.

C. Following approval of the application by the Village Clerk, a permit shall be issued to the applicant. The permit shall contain the name, address, age and photograph of the permittee, the type of printed material to be distributed, the amount of fee paid, the permit number and the date of issuance and the date of expiration of such permit.

D. No application may be approved by the Village Clerk unless all conditions contained in this chapter are fully complied with to the satisfaction of said Clerk.

E. No permit shall be issued to any minor under 12 years of age.

F. The Village Clerk shall keep a record of all permits issued.

§ 35-5. Display of permit; transferability.

Every permittee shall have his permit in his immediate possession at all times when distributing printed material and shall display same upon the demand of any person. No permit may be transferred from one person to another person.

§ 35-6. Date of issuance; term of permit.

A permit for the unsolicited distribution of printed material on private property shall be issued as of the first day of April in each year and shall be valid through the last day of March next succeeding unless previously suspended or revoked.

§ 35-7. Fee.

An annual fee in an amount to be established by the Board of Trustees by duly adopted resolution shall be paid for a permit for the unsolicited distribution of printed material on private property.

§ 35-8. Restrictions on distribution.

The following restrictions shall apply to all unsolicited distribution of printed material on private property:

A. Material to be distributed cannot be thrown or left on the ground or left in trees, shrubs or plants or placed on vehicles.

B. Material shall be placed in a receptacle provided by the distributor, owner or occupant, or, if no such receptacle is available, it may be placed in bags and hung on doorknobs or placed under doormats or otherwise restrained from dispersal by wind. Material distributed shall contain the name, address and telephone number of the distributor.

C. Material shall not be left at any premises where the owner or occupant has specifically requested that delivery not be made.

D. There will be no distribution of material before 9:00 a.m. or after 1/2 hour before sunset or 7:00 p.m., whichever is earlier.

E. There will be no distribution of material at any premises posted with a sign prohibiting such distribution.

F. Such other reasonable restrictions as the Board of Trustees may, by resolution, from time to time, impose. Such additional restrictions, if any, shall be set forth in full in the permit application.

§ 35-9. Exemptions from permit requirement.

A. The following persons or organizations shall not be required to have a permit for the unsolicited distribution of printed material on private property:

(1) Political candidates, committees or parties.

(2) Churches or other religious organizations.

(3) Charitable organizations.

(4) Civic or other nonprofit community service organizations.

(5) Newspapers, as defined in § 60 of the General Construction Law.

(6) Honorably discharged veterans of the armed services of the United States who have obtained a veteran's license from the Suffolk County Clerk pursuant to law.

B. Notwithstanding the fact that no permit is required, exempt persons or organizations shall comply with the restrictions on distribution established pursuant to § 35-8 and shall notify the Village Clerk in advance, in writing, of the approximate dates and location of distribution.

§ 35-10. Distribution on public property.

Any person may distribute printed material on property owned or controlled by the Village subject to the following restrictions:

A. No person shall distribute such material in a manner so as to create a traffic hazard to vehicles or pedestrians in the public streets or parking fields or to pedestrians on sidewalks.

B. No persons shall distribute such material by throwing or leaving same on any street, sidewalk or other public place or any vehicle, tree, shrub or plant thereon.

C. No person shall distribute any printed material inside any building owned or controlled by the Village.

Chapter 36. ALARM SYSTEMS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 22-2009. Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Fire Department — See Ch. 12.
Police Department — See Ch. 25.
Building construction — See Ch. 49.

§ 36-1. Purpose.

The purpose of this chapter is as follows:

A. To promote the safety and welfare of the citizens of the Village of Amityville minimizing, to the fullest extent practicable, the number of false burglary and fire alarms.

B. To increase the efficiency and safety of the Amityville Police Department, other law enforcement agencies and the Amityville Fire Department in executing their duties by reducing, to the fullest extent practicable, the number of false alarms.

§ 36-2. Legislative findings.

The Amityville Board of Trustees, after due deliberation, makes the following findings:

A. The overwhelming majority of burglary alarm calls are due either to faulty alarms or to the accidental setting off of the alarm by the owner or the user of the alarm system or device.

B. Approximately 500 false alarms have occurred on an annual basis in the last several years, resulting in an unconscionable and an unnecessary waste of man-hours and taxpayer expense.

C. The high incidence of alarm systems or devices emitting a false alarm poses a clear danger to the safety and well-being of the citizens of the Village of Amityville.

D. Any alarm system, as defined herein, emitting a false alarm which automatically and directly dials any emergency phone number is very prone to be activated by electrical current failures or other events having no connection with criminal activity and tie up such emergency phones, making them unavailable to receive genuine emergency calls.

E. Any alarm device or system emitting a false call or alarm is hereby declared to be a public nuisance and threat to the safety, security and well-being of the citizens of the Village of Amityville.

F. Any alarm system or device emitting a false alarm seriously disrupts law enforcement operations, undermines law enforcement efficiency and seriously impairs the ability of law enforcement personnel to respond to legitimate emergency situations.

G. Any alarm system or device emitting a false fire alarm seriously endangers the well-being of Amityville Fire Department personnel and seriously impairs the ability of Fire Department personnel to respond to legitimate emergency situations.

§ 36-3. Definitions.

For purposes of this chapter, the following definitions shall apply:
ALARM OWNER
Any person who owns, leases, rents, uses or makes available for use by his agents, employees, representatives or family any alarm system.
ALARM SYSTEM
Any device, system or instrument, whether known as a burglary, robbery or intrusion alarm, direct-dial telephone device, audible or silent, or by any other name, which is designed or maintained or intended to detect an unauthorized entry into any building, structure or facility or to signal the commission of an unlawful act or any other emergency. Any device installed by a telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system is not included in this definition.
AUDIBLE ALARM
An alarm system designated to notify persons in the immediate vicinity of the protected premises by emission of an audible sound of an unauthorized entry on the premises or of the commission of an unlawful act or emergency condition.
DIRECT-DIAL SERVICE
An alarm system which is connected to a telephone line and, upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal indicating the need for emergency response by any law enforcement agency or Fire Department. Such "direct-dial service" connected to the phone of a neighbor, friend, owner, central office or answering service is not affected by this chapter.
FALSE ALARM
An alarm signal activated by causes or events other than the commission or attempted commission of an unlawful act or emergency, for which the alarm system is designated to detect. An alarm signal activated by violent or unusual conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a "false alarm."

§ 36-4. Prohibited or regulated use.

A. It shall be unlawful and a violation of this chapter for an alarm owner to use an alarm system which is equipped with a functioning direct-dial service which, when activated, automatically dials a number in the Amityville Police Village Headquarters.

B. It shall be unlawful and a violation of this chapter for an alarm owner to use an existing audible alarm after September 15, 1981, unless it is designed to terminate its operation or to automatically reset within 30 minutes of its being activated.

C. No audible alarm may be installed in any building or structure unless it is installed and designed to terminate its operation or to automatically reset within 30 minutes of its being activated. For every audible alarm installed or existing in a commercial structure, the owner thereof may post a coded sticker, to be obtained from the local police precinct upon voluntary registration with such precinct for police identification only. Such posting shall be visible to the general public outside the building in which the alarm is contained.

D. An alarm owner shall not operate an alarm system which emits more than three false alarms in any six-month period. Editor's Note: Former § 36-5, Penalties for offenses, which immediately followed this section, was deleted 1-24-2011 by L.L. No. 1-2011.

Chapter 37. ALCOHOLIC BEVERAGES

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 23-2009. Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. Section 2 of this local law provided that: "The Board of Trustees finds that the occurrence of social gatherings at private residences when alcoholic beverages or drugs are served to, or consumed by persons under the age of 21 is harmful to such persons and a threat to the public welfare, health and safety of the residents of the Village. The Board further finds that the persons who own or control said residences know or have reason to know of such gatherings and should therefore be responsible for preventing same." Amendments noted where applicable.]

§ 37-1. Definitions.

For the purpose of this chapter, the following items shall be defined as follows:
ALCOHOLIC BEVERAGE
Any liquor, wine, beer, spirits, cider or other liquid or solid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a person; except that confectionery containing alcohol as provided in Subdivision 12 of § 200 of the Agriculture and Markets Law shall not be considered alcoholic beverage within the meaning of this section.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
CONTROL
The authority and ability to regulate, direct or dominate.
DRUG
Includes any substance listed in § 3306 of the Public Health Law.
INTENT TO CONSUME
Includes any of the following: drinking from the container; possession with movement of the container to the mouth; and any circumstances evidencing an intent to ultimately consume in any public place.

[Added 1-24-2011 by L.L. No. 1-2011]

MINOR
Any person under the age of 21.
OPEN BOTTLE, CAN OR OTHER CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid, which has been uncapped, uncorked, the tab removed or the top sliced, cut or broken, or its original condition altered in such a way that the liquid can flow out of it.

[Added 1-24-2011 by L.L. No. 1-2011]

OPEN HOUSE PARTY
A social gathering or otherwise at a residence or other private property with minors present.
PERSON
A human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
PUBLIC LANDS
Any public highway, street, parking lot, sidewalk, park or recreation area owned or controlled by the Village or any other federal, state or local governmental agency or subdivision, or any vacant lot, parking area, landscaped area, buffer zone, front yard, side yard or rear yard of any parcel zoned or used for other than residential purposes.

§ 37-2. Consumption and possession on public lands.

A. It shall be a violation of this chapter for any person to:

(1) Consume any alcoholic beverage on any public lands within the Village.

(2) Have in his possession with intent to consume any open container containing any alcoholic beverage on any public lands within the Village.

[Amended 1-24-2011 by L.L. No. 1-2011]

(3) Have within his possession for the purposes of consumption on public lands by either himself or another person any open container containing an alcoholic beverage on any public lands within the Village.

B. The foregoing prohibitions shall not apply in the event of a special fair, picnic or other community gathering for which permission has been granted by the Village, or to the transportation of an unsealed but not open container across public lands of the Village from one point to another, with no intent to consume the contents of such open container while upon public lands.

C. This section shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.

§ 37-3. Consumption by minors on private property.

A. No person who owns or has control of any residence in the Village shall allow an open house party to take place at said residence if such person knows or has reason to know that any alcoholic beverage or drug is being unlawfully possessed, served to, or consumed by a minor at such residence.

B. The provisions of this section shall not apply to:

(1) The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to § 65-c of the Alcoholic Beverage Control Law or any other applicable law; or

(2) The possession or consumption of a drug for which the person has a current, valid prescription, or as otherwise permitted by applicable law.

§ 37-4. Penalties for offenses.

Each violation of this chapter shall be punishable by a fine as provided for in § 1-9 of this Code. A violation of this chapter shall constitute disorderly conduct, and any person violating the same shall be declared a disorderly person.

§ 37-5. Severability.

Should any provisions of this chapter be judicially determined to be invalid, the remaining provisions shall continue in full force and effect.

Chapter 39. ANIMALS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 24-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Beaches and parks — See Ch. 43.
Noise — See Ch. 114.

Article I. General Regulations

§ 39-1. Appointment of Dog and/or Animal Control Officer.

The Board of Trustees of the Village is hereby authorized and empowered to appoint a Dog and/or Animal Control Officer on a temporary basis for the Village. Said officer shall be appointed from time to time and for such period as the Board may deem necessary and may be paid on a per diem basis at such rate as the Board may deem proper. Said officer shall not be appointed in any event for more than one official year, and his services may be dispensed with at any time by the Board of Trustees. Said officer shall have all of the powers and duties provided to a dog control officer as set forth in Article 7 of the New York State Agriculture and Markets Law, except as otherwise set forth herein.

§ 39-2. Animals off premises of owner; sanitation requirements.

A. The owner or custodian of or the person possessing, keeping or harboring any dog, animal or fowl shall be in violation of this section if that dog, animal or fowl is found to be running loose or to be at large upon any public highway, street, sidewalk or other public place or on the land of one other than the owner of said dog, animal or fowl.

[Amended 3-8-2010 by L.L. No. 2-2010]

B. Any dog or animal, when off the premises of the person possessing the same, shall be tethered or leashed and under the full and immediate control of the person possessing or in charge thereof.

[Amended 3-8-2010 by L.L. No. 2-2010]

C. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, beach area, park or any place where people congregate or walk or on any public property whatsoever or on any private property without the permission of the owner of said property. The restriction in this subsection shall not apply to that portion of the street lying between the curblines which shall be used to curb such dog under the following conditions:

(1) The person who so curbs such dog shall immediately remove, in a sanitary method, all feces deposited by such dog; provided, however, that the disposal of said feces by the depositing thereof in storm sewers within the Village shall not be deemed to be a sanitary method of disposal of such feces.

(2) The feces removed from the aforementioned designated area shall be disposed of in a sanitary manner by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this chapter.

D. The term "sidewalk," as used herein, shall mean the area between the curb or traveled portion of the street if there is no curb and the property line of the abutting property owner.

§ 39-3. Prohibition on outdoor keeping or harboring of dogs.

A. Any owner or custodian of and any person possessing, keeping or harboring any dog or dogs shall be in violation of this section if said dog or dogs are found outside of an enclosed building, whether on or off the owner's premises, between the hours of 10:00 p.m. and 7:00 a.m., except for such brief periods as may be required to allow such dog or dogs to relieve themselves, provided that during such periods such dog or dogs are tethered or leashed and held by and under the full, immediate and personal control of the owner or person possessing or in charge thereof.

B. No person shall be permitted to keep or harbor a dog outside of an enclosed building between the hours of 10:00 p.m. and 7:00 a.m. unless the permission of the Board of Trustees is first obtained, which permission can be revoked at any time for good cause shown.

§ 39-4. Number of dogs restricted; applicability.

A. It shall be unlawful for any person to own, harbor or possess more than four dogs on any residential parcel of property.

B. This restriction shall not apply to the live issue of a litter of any lawfully owned and licensed dog, except that the issue of such litter shall be removed from the premises within 12 weeks after birth if the continued presence of such dog would violate this section.

§ 39-5. Seizure of dogs, animals and fowl; redemption periods; impoundment fees.

A. A police officer, peace officer acting pursuant to his special duties or the Dog Control Officer may seize and impound or cause to be impounded any dog, animal or fowl running at large or loose in violation of § 39-2 or found outside an enclosed building between 10:00 p.m. and 7:00 a.m. in violation of § 39-3 or if not securely enclosed in violation of § 39-10 or housed within 200 feet of the dwelling of another person in violation of § 39-11.

[Amended 3-8-2010 by L.L. No. 2-2010]

B. Each dog, animal or fowl which does not have an identification tag attached to it, whether or not licensed, shall be held for a period of up to five days from the day seized, during which period the dog, animal or fowl may be redeemed by its owner, provided that in the case of a dog, such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the New York State Agriculture and Markets Law, and further provided that the owner pays an impoundment fee as established by the Board of Trustees by resolution, plus the cost of keeping such impounded fowl, animal or dog as follows:

(1) A fee for the impoundment of any fowl or animal other than a dog.

(2) A fee for the first impoundment of any dog.

(3) A fee for the first 24 hours or part thereof and an additional amount for each additional 24 hours or part thereof for the second impoundment within one year of the first impoundment of any dog owned by that person.

(4) A fee for the first 24 hours or part thereof and an additional amount for each additional 24 hours or part thereof for the third and subsequent impoundments within one year of the first impoundment of any dog owned by that person.

C. Promptly upon seizure of any identified dog, animal or fowl, the owner of record of same shall be notified personally or by certified mail, of the facts of seizure and the procedure for redemption. If notification is personally given, such animal or fowl shall be held for a period of three days after the day of notice, during which period the dog, animal or fowl may be redeemed by the owner. If such notification is made by mail, such dog, animal or fowl shall be held for a period of seven days from the date of mailing, during which period the dog, animal or fowl may be redeemed by the owner. In either case, the owner may redeem such dog, animal or fowl upon payment of the impoundment fees prescribed in Subsection B of this section and by producing proof that the dog has been licensed, as appropriate.

[Amended 3-8-2010 by L.L. No. 2-2010]

D. An owner shall forfeit title to any dog, animal or fowl unredeemed at the expiration of the appropriate redemption period, and the dog, animal or fowl shall then be made available for adoption or euthanized subject to the provisions of Subdivision 2-a of § 374 of Article 26 of the New York State Agriculture and Markets Law, provided that no such dog shall be delivered for adoption unless it has been licensed pursuant to the provisions of Article 7 of the New York State Agriculture and Markets Law prior to its release from the custody of a pound or shelter.

E. The seizure of any dog, animal or fowl shall not relieve any person from any violation provided for by §§ 39-2, 39-3, 39-10 and 39-11.

§ 39-6. Keeping of certain animals prohibited; exemption.

No person shall keep, house, stable or harbor any horse, farming animal or draft animal within the Village.

§ 39-7. Wild animals.

A. No person shall keep, harbor or maintain any wild animals at any place in the Village.

B. The term "wild animals" shall be taken to mean and include lions, tigers, cheetahs, bears, wolves, snakes or other animals which endanger the public health, safety and welfare.

§ 39-8. Disturbing noises.

No person who owns, possesses or harbors a dog shall permit or allow such dog to bark, howl or whine in a loud or prolonged manner which shall unreasonably disturb any other person.

Article II. Fowl

§ 39-9. Definitions.

As used in this article, the following terms shall have the meanings indicated:
FOWL
Includes chickens, ducks, geese, turkeys and other poultry or domestic birds used for food purposes, and shall include pigeons.

§ 39-10. Running at large prohibited.

No person shall keep, maintain or possess any fowl within the Village unless the same shall be securely enclosed at all times within a yard or enclosure in such a manner as to prevent the running at large of such fowl.

§ 39-11. Location of enclosure restricted.

No person shall keep or house any fowl in any structure within the Village which shall be within a radius of 200 feet from the dwelling house or living quarters of any person other than the owner.

§ 39-12. Number restricted.

Not more than 12 fowl shall be kept, maintained or possessed by any person on or in any yard, enclosure or premises within the Village.

Chapter 43. BEACHES AND PARKS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 39.
Waterways — See Ch. 178.

Article I. Use Regulations

[Adopted 12-14-2009 by L.L. No. 25-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 43-1. License required.

No person shall enter upon the lands or use the facilities of the municipal bathing beach and park of the Village unless such person shall have been duly licensed therefor as hereinafter provided.

§ 43-2. Issuance of license restricted.

[Amended 3-8-2010 by L.L. No. 2-2010]

A license permitting the holder thereof to enter upon the lands and use the facilities of the municipal bathing beach shall be issued to a duly qualified applicant therefor by the Village Clerk after submission of satisfactory proof that such applicant is entitled thereto as provided for herein. Such license shall be issued on an annual basis for the period from June 1 through May 31 and shall be without fee.

§ 43-3. Persons qualified for licenses.

[Amended 3-8-2010 by L.L. No. 2-2010]

A. Licenses permitting the holder to enter upon the lands and use the facilities of the municipal bathing beach shall be issued to the following persons only:

(1) Any person owning real property assessed upon the assessment rolls of the Village of the current year of the application for such license.

(2) Any person in possession of or occupying real property within the Village under a verbal or written lease.

(3) Any person who shall be a bona fide resident of the Village.

(4) Any person owning, leasing or managing a bona fide hotel, motel, lodging or rooming house within the Village. Said person shall be entitled to such number of hotel guest licenses not exceeding the number of persons who can be accommodated therein. Such licenses shall admit any transient guest of such hotel, motel, lodging or rooming house holding the same to the privileges of the park and beach.

B. No license shall be issued to any child under 12 years of age, but nothing herein contained shall be deemed to prohibit children under 12 years of age from admittance to and use of the bathing beach provided that such children are accompanied by licensed adults.

§ 43-4. Replacement of license.

[Amended 3-8-2010 by L.L. No. 2-2010]

Any license issued under the provisions of this Article which shall be lost, or destroyed shall be replaced by the Village Clerk upon payment of a fee to be established by the Board of Trustees by resolution.

§ 43-5. Observance of opening and closing hours.

[Amended 3-8-2010 by L.L. No. 2-2010]

A. No person shall be permitted within the municipal bathing beach, Peterkin Park, Pearsall Park, James A. Caples Park, Amityville Kiwanis Park or the Nautical Park at any time other than between the opening and closing hours thereof. The opening and closing hours of the beach and each municipal park shall be set by the Board of Trustees by resolution.

B. The opening and closing hours shall be posted conspicuously so as to provide the public with notice thereof.

C. This section shall not apply to any person or persons using the Village beach launching facilities pursuant to § 178-13 of this Code, nor shall it restrict the Board of Trustees from granting special permission to any organization or group to use the beach or municipal parks at other times.

§ 43-6. Authority of lifeguard.

No licensee shall enter, use or bathe in the waters of the bathing beach at any time contrary to the directions of any duly appointed lifeguard.

§ 43-7. Fishing and crabbing on Village property; permit required.

A. No person shall fish, crab, or cast for fish or crabs from any of the lands, piers, docks or bulkheads of property owned or under the control of the Village, without an annual permit issued by the Village Clerk. The permit period shall run from May 1 to April 30.

[Amended 3-8-2010 by L.L. No. 2-2010]

B. The Board of Trustees shall determine by resolution from time to time the fee for such permit, provided that the fee for nonresidents shall be not more than twice the fee for Village residents, and provided further that there shall be no fee for Village residents under the age of 16 years.

[Amended 3-8-2010 by L.L. No. 2-2010]

C. The Board of Trustees shall designate by posted signs, the areas on Village property where fishing and crabbing are allowed and the hours therefor, and no fishing or crabbing shall take place except within such designated areas and within the authorized times.

§ 43-8. Mooring, docking or tying boats prohibited.

[Amended 3-8-2010 by L.L. No. 2-2010]

No person shall moor, dock or tie any boat to any dock, pier, bulkhead or lands within the municipal bathing beach, James A Caples Park or the Nautical Park without the permission of the Board of Trustees.

§ 43-9. Animals prohibited.

[Amended 3-8-2010 by L.L. No. 2-2010]

No person shall bring or permit to be brought any animal of any description into the municipal bathing beach, the ballfields and playground area of James A. Caples Park, the ballfields on Louden Avenue and County Line Road, or the playground area of Peterkin Park.

Chapter 46. BLOCK PARTIES

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 26-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

§ 46-1. Approval required.

Picnicking or block parties upon any of the streets, avenues or highways within the Village are hereby prohibited without the approval of the Board of Trustees subject to any reasonable conditions which the Board may impose.

Chapter 49. BUILDING CONSTRUCTION

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Alarm systems — See Ch. 36.
Building occupancy — See Ch. 50.
Unsafe buildings — See Ch. 51.
Fire prevention — See Ch. 81.
Flood damage prevention — See Ch. 88.
Freshwater wetlands — See Ch. 92.
Property maintenance — See Ch. 130.
Sewers — See Ch. 142.
Signs — See Ch. 144.
Stormwater management and erosion and sediment control — See Ch. 150.
Zoning — See Ch. 183.

Article I. Administration and Enforcement

[Adopted 12-14-2009 by L.L. No. 27-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 49-1. Purpose and intent.

This article provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Village of Amityville. This article is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other sections of this article, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this article.

§ 49-2. Definitions.

As used in this article, the following terms shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to § 49-4. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to of § 49-7B of this article.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to § 49-3B.
CODE ENFORCEMENT PERSONNEL
Include the Code Enforcement Officer and all inspectors.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to § 49-15A.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 49-3D.
OPERATING PERMIT
A permit issued pursuant to § 49-10. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
STOP-WORK ORDER
An order issued pursuant to § 49-6.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 49-7D.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
VILLAGE
The Village of Amityville.

§ 49-3. Code Enforcement Officer and inspectors.

A. The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this article. The Code Enforcement Officer shall have the following powers and duties:

(1) To receive, review, and approve or disapprove applications for building permits, certificates of occupancy/certificate of compliance, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications;

(2) Upon approval of such applications, to issue building permits, certificates of occupancy/certificate of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy, temporary certificates and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;

(3) To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy/certificate of compliance, temporary certificates and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this article;

(4) To issue stop-work orders;

(5) To review and investigate complaints;

(6) To issue orders pursuant to Subsection A of § 49-15, Enforcement; penalties for offenses;

(7) To maintain records;

(8) To collect fees as set by the Board of Trustees;

(9) To pursue administrative enforcement actions and proceedings;

(10) In consultation with the Village Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this article, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this article; and

(11) To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this article.

B. The Code Enforcement Officer shall be appointed by the Mayor subject to the approval of the Board of Trustees. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

C. In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Mayor subject to the approval of the Board of Trustees to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this article.

D. One or more inspectors may be appointed by the Mayor subject to the approval of the Board of Trustees to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this article. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

E. The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Board of Trustees.

§ 49-4. Building permits.

A. Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including but not limited to the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.

B. Exemptions. No building permit shall be required for work in any of the following categories:

(1) Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.38 square meters);

(2) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(3) Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;

(4) Installation of fences which are not part of an enclosure surrounding a swimming pool, provided that a fence permit is required pursuant to § 183-139 of this Code;

[Amended 1-24-2011 by L.L. No. 1-2011]

(5) Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;

(6) Construction of temporary motion-picture, television and theater stage sets and scenery;

(7) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(8) Installation of partitions or movable cases less than five feet nine inches in height;

(9) Painting, wallpapering, tiling, carpeting, or other similar finish work;

(10) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

(11) Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or

(12) Repairs, provided that such repairs do not involve:

(a) The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;

(b) The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;

(c) The enlargement, alteration, replacement or relocation of any building system; or

(d) The removal from service of all or part of a fire protection system for any period of time.

C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

D. Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:

(1) A description of the proposed work;

(2) The Tax Map number and the street address of the premises where the work is to be performed;

(3) The occupancy classification of any affected building or structure;

(4) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

(5) At least two sets of construction documents (drawings and/or specifications) which:

(a) Define the scope of the proposed work;

(b) Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;

(c) Indicate with sufficient clarity and detail the nature and extent of the work proposed;

(d) Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and

(e) Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.

E. Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.

F. Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

G. Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

H. Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.

I. Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire within 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.

J. Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code; and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. Upon notice from the Code Enforcement Officer, the person to whom the permit was issued shall promptly remove or demolish the construction, fill in the excavation, and restore the premises to its original condition.

K. Fee. The fee specified in or determined in accordance with the provisions set forth in § 49-16, Fees, must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.

§ 49-5. Construction inspections.

A. Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.

B. Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:

(1) Work site prior to the issuance of a building permit;

(2) Footing and foundation;

(3) Preparation for concrete slab;

(4) Framing;

(5) Building systems, including underground and rough-in;

(6) Fire-resistant construction;

(7) Fire-resistant penetrations;

(8) Solid-fuel-burning heating appliances, chimneys, flues or gas vents;

(9) Energy Code compliance; and

(10) A final inspection after all work authorized by the building permit has been completed.

C. Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.

D. Fee. The fee specified in or determined in accordance with the provisions set forth in § 49-16, Fees, must be paid prior to or at the time of each inspection performed pursuant to this section.

§ 49-6. Stop-work orders.

A. Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt:

(1) Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work;

(2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

(3) Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.

B. Content of stop-work orders. Stop-work orders shall be in writing, be dated and signed by the Code Enforcement Officer, state the reason or reasons for issuance, and if applicable, state the conditions which must be satisfied before work will be permitted to resume.

C. Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by registered mail/certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by registered mail/certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.

D. Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.

E. Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 49-15, Enforcement; penalties for offenses, or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

§ 49-7. Certificates of occupancy/certificates of compliance.

A. Certificates of occupancy/certificate of compliance. A certificate of occupancy/certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy/certificate of compliance.

B. Issuance of certificates of occupancy/certificate of compliance. The Code Enforcement Officer shall issue a certificate of occupancy/certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy/certificate of compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy/certificate of compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy/certificate of compliance:

(1) A written statement of structural observations and/or a final report of special inspections; and

(2) Flood hazard certifications.

C. Contents of certificates of occupancy/certificate of compliance. A certificate of occupancy/certificate of compliance shall contain the following information:

(1) The building permit number, if any;

(2) The date of issuance of the building permit, if any;

(3) The name, address and Tax Map number of the property;

(4) If the certificate of occupancy/certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy/certificate of compliance is issued;

(5) The use and occupancy classification of the structure;

(6) The type of construction of the structure;

(7) The assembly occupant load of the structure, if any;

(8) If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

(9) Any special conditions imposed in connection with the issuance of the building permit; and

(10) The signature of the Code Enforcement Officer issuing the certificate of occupancy/certificate of compliance and the date of issuance.

D. Temporary certificate. The Code Enforcement Officer shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer determines that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely; that any fire- and smoke-detecting or fire protection equipment which has been installed is operational; and that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.

E. Certificate of occupancy for preexisting buildings.

(1) Upon written request from the owner, the Code Enforcement Officer shall issue a certificate of occupancy for any building or premises existing on the fourth day of August 1930, certifying, after inspection and investigation, the extent and kind of use made of the building or premises, including the number of employees and whether such use conforms to the provisions of the Code.

(2) The Uniform Code shall apply to any premises changed in use or a building built, enlarged or changed in use after August 4, 1930, except that an existing building may be rebuilt for continuance of a use which is the same as or similar to that which preexisted, without regard to the provisions of this article.

F. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy/certificate of compliance or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.

G. Fee. The fee specified in or determined in accordance with the provisions set forth in § 49-16, Fees, must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for a temporary certificate.

§ 49-8. Notification regarding fire or explosion.

The chief of any fire department providing fire-fighting services for a property within the Village shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent.

§ 49-9. Unsafe building and structures.

Unsafe structures and equipment in the Village shall be identified and addressed in accordance with the procedures established by Chapter 51 of the Code, as now in effect or as hereafter amended from time to time.

§ 49-10. Operating permits.

A. Operating permits required.

(1) Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

(a) Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;

(b) Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a by-product, fruit and crop ripening, and waste handling;

(c) Use of pyrotechnic devices in assembly occupancies;

(d) Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

(e) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Board of Trustees.

(2) Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.

B. Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.

C. Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.

D. Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.

E. Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.

F. Revocation or suspension of operating permits. If the Code Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.

G. Fee. The fee specified in or determined in accordance with the provisions set forth in § 49-16, Fees, must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 49-11. Firesafety and property maintenance inspections.

A. Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at the following intervals:

(1) Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.

(2) Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.

(3) Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2), shall be performed at least once every 36 months.

B. Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

C. OFPC inspections. Nothing in this section or in any other provision of this article shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b.

D. Fee. The fee specified in or determined in accordance with the provisions set forth in § 49-16 must be paid prior to or at the time each inspection is performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.

§ 49-12. Complaints.

The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this article, or any other local law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:

A. Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

B. If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 49-15;

C. If appropriate, issuing a stop-work order;

D. If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.

§ 49-13. Recordkeeping.

A. The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of:

(1) All applications received, reviewed and approved or denied;

(2) All plans, specifications and construction documents approved;

(3) All building permits, certificates of occupancy/certificate of compliance, temporary certificates, stop-work orders, and operating permits issued;

(4) All inspections and tests performed;

(5) All statements and reports issued;

(6) All complaints received;

(7) All investigations conducted;

(8) All other features and activities specified in or contemplated by §§ 49-4 through 49-12, inclusive; and

(9) All fees charged and collected.

B. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.

§ 49-14. Program review and reporting.

A. The Code Enforcement Officer shall annually submit to the Board of Trustees a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in section § 49-13, Recordkeeping, and a report and summary of all appeals or litigation pending or concluded.

B. The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Village, on a form prescribed by the Secretary of State, a report of the activities of the Village relative to administration and enforcement of the Uniform Code.

C. The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Village is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Village in connection with administration and enforcement of the Uniform Code.

§ 49-15. Enforcement; penalties for offenses.

A. Compliance orders.

(1) The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this article. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall:

(a) Be in writing;

(b) Be dated and signed by the Code Enforcement Officer;

(c) Specify the condition or activity that violates the Uniform Code, the Energy Code, or this article;

(d) Specify the provision or provisions of the Uniform Code, the Energy Code, or this article which is/are violated by the specified condition or activity;

(e) Specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance;

(f) Direct that compliance be achieved within the specified period of time; and

(g) State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.

(2) The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail/certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail/certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

B. Appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code.

C. Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this article, or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Village.

D. Injunctive relief. An action or proceeding may be instituted in the name of the Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this article, or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this article or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this article, an action or proceeding may be commenced in the name of the Village, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Board of Trustees.

E. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 49-6 (stop-work orders), in any other section of this article, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 49-6, Stop-work orders, in any other section of this article, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.

§ 49-16. Fees.

A fee schedule shall be established by resolution of the Board of Trustees. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy/certificate of compliance, temporary certificates, operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this article.

§ 49-17. Intermunicipal agreements.

The Board of Trustees may, by resolution, authorize the Mayor to enter into an agreement, in the name of the Village, with other governments to carry out the terms of this article, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

§ 49-18. Severability.

If any section of this article shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this article.

§ 49-19. Restrictions on employees of code enforcement.

No officer or employee of the Code Enforcement Department shall engage in any activity inconsistent with his duties or with the interests of said Department, nor shall be, during the term of his employment, engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Village, provided that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him, and provided further that the Board of Trustees may waive this restriction with appropriate conditions upon good cause shown by such officer or employee.

§ 49-20. Demolition of buildings.

No existing building or part thereof shall be demolished or removed unless a permit shall first be obtained from the Code Enforcement Officer. The issuance of such permit shall be conditioned upon payment of the requisite fee and such other conditions as are deemed necessary to protect the health, safety and welfare of the residents of the Village.

§ 49-21. Moving of structures.

No building or any other structure shall be moved upon or across any street or sidewalk within the Village unless a permit shall be first obtained from the Code Enforcement Officer. No such permit shall be granted except upon the application of the owner of such structure stating the route intended to be pursued and the size of the structure, and such permit, if granted, shall be under such restrictions and conditions as the Code Enforcement Officer may deem proper.

Chapter 50. BUILDING OCCUPANCY

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 28-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 49.
Unsafe buildings — See Ch. 51.
Fire prevention — See Ch. 81.
Property maintenance — See Ch. 130.
Zoning — See Ch. 183.

§ 50-1. Illegal occupancy prohibited.

It shall be unlawful for any building or property within the Village to be used or occupied in violation of the use set forth in the certificate of occupancy for such building or property.

§ 50-2. Presumptions as to residential occupancies.

A. In any criminal or civil proceeding commenced by the Village concerning an alleged illegal use or occupancy of a building for residential purposes, the following presumptions shall apply:

(1) That any dwelling which maintains more than one gas meter or more than one electric meter or more than one water meter is being used as the residence of two or more families.

(2) That any dwelling which maintains more than two gas meters or more than two electric meters or more than two water meters is being used as the residence of three or more families.

(3) That a single-family dwelling which maintains any entrance(s) thereto, which entrance(s) has not been set forth on any plans approved by and on file with the Code Enforcement Officer, is being used as the residence of two or more families.

(4) That a two-family dwelling which maintains any third or additional entrance thereto, which entrance(s) has not been set forth on any plans approved by and on file with the Code Enforcement Officer, is being used as the residence of three or more families.

(5) That a dwelling which has been advertised in any newspaper, magazine or local advertising publication as being available for sale or rent, which advertisement expressly or implicitly provides that such dwelling contains rooms for rent, more than one separate dwelling living unit, or may be occupied by more than one separate family, is being used as a dwelling containing the number of rooms for rent, dwelling units or families stated or implied in such advertisement.

(6) That if there exist two or more doorbells, mailboxes, telephone lines, cable TV lines or satellite TV antennas, two or more families are residing in the dwelling.

(7) That if there are two or more motor vehicles parked on the dwelling lot registered to persons with two or more different surnames, two or more families are residing in the dwelling.

(8) The presumption of nonpermitted occupancy of a single dwelling unit shall also be established where probative evidence establishes:

(a) That there exist permanent partitions or locking internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms, or the inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit.

(b) That there exist two or more kitchens, each containing one or more of the following: a range, oven, hot plate, microwave, or other similar device customarily used for cooking or preparation of foods.

B. The presumption raised by proof of the existence of any such conditions as set forth in Subsection A herein may only be rebutted by conclusive evidence that such conditions do not, in fact, exist or that such conditions, in fact, comply with this Code.

C. A person charged with a violation of this chapter may demand an inspection by the Code Enforcement Officer of the subject premises to rebut such presumption. Such demand shall be in writing addressed to the Code Enforcement Officer. The Code Enforcement Officer shall prepare a report of the finding of the inspection together with photographs, if appropriate.

§ 50-3. Enforcement.

A. The Code Enforcement Officer shall be responsible for investigating and documenting violations of any case of alleged illegal occupancy within the Village.

B. Prosecutions for violations hereunder may be instituted in the Village Justice Court or in the District Court of the County of Suffolk.

C. The Village Attorney may, upon direction of the Board of Trustees, institute an action in the Supreme Court of the State of New York, County of Suffolk, for appropriate relief where it appears under the circumstances that the imposition of a fine alone would not be adequate.

§ 50-4. Penalties for offenses.

A. A violation of a Code provision involving nonpermitted occupancy of a structure is a "violation," as that term is defined in the New York State Penal Law.

B. Notwithstanding any provision of this Code inconsistent herewith, for each Code violation involving a nonpermitted occupancy of a one- or two-family dwelling, or of an approved multifamily dwelling, the owner and any person who is in charge of the subject property at the time of the violation shall be liable to a fine of not more than $3,500 for the first violation; for a second and any subsequent violation, the fine shall be not more than $2,000.

C. Each week that the violation continues to exist shall constitute a separate and distinct violation.

Chapter 51. BUILDINGS, UNSAFE

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 29-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 49.
Building occupancy — See Ch. 50.
Fire prevention — See Ch. 81.
Property maintenance — See Ch. 130.
Zoning — See Ch. 183.

§ 51-1. Purpose.

Unsafe buildings pose a threat to life and property in the Village of Amityville. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation, thereby creating a health menace to the community. It is the purpose of this chapter to provide for the safety, health, protection and general welfare of persons and property in the Village of Amityville by requiring that such unsafe buildings be secured, repaired or demolished and removed.

§ 51-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
Any building, structure or portion thereof used for residential, business or industrial purposes.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Village of Amityville or such other person appointed by the Village to enforce the provisions of this chapter.

§ 51-3. Inspection and report by Code Enforcement Officer.

The Code Enforcement Officer shall cause or make an inspection and report in writing to the Board of Trustees his findings and recommendations in regard to a building which needs to be secured, repaired or demolished and removed, when in his own opinion, or upon receipt of information that, it:

A. Is or may become dangerous or unsafe to the general public;

B. Is open at the doorways and windows making it accessible to and an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers;

C. Is or may become a place of rodent infestation;

D. Presents any other danger to the health, safety, morals and general welfare of the public; or

E. Is unfit for the purposes for which it may lawfully be used.

§ 51-4. Order for action.

The Board of Trustees shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such building is unsafe and dangerous, and order that it be secured and boarded up or repaired, if this can be safely done, or that it be demolished and removed, and further order that notice be served upon the persons and in the manner provided herein.

§ 51-5. Contents of notice.

A. The notice shall contain the following:

(1) A description of the premises.

(2) A statement of the particulars in which the building is unsafe or dangerous.

(3) An order outlining the manner in which the building is to be made safe and secure or demolished and removed.

(4) A statement that the securing or removal of such building shall commence within 10 days of the service of the notice and shall be completed within 60 days thereafter, unless, for good cause shown, such time shall be extended, or for a shorter period of time if necessary to protect the life, safety or health of any person or property.

(5) A statement that in the event of neglect or refusal of the person served with the notice to comply with the same, the Board of Trustees may authorize the removal or securing of said building or structure, and assess the costs and expenses of securing or removing the same against the land on which it is located.

B. Said notice shall also specify a time and place for a hearing before the Board of Trustees to determine whether or not any building or structure should be removed from or secured upon the premises.

C. Said notice shall be filed in the office of the Suffolk County Clerk in the same manner as a notice of pendency of action and shall have the same effect thereof.

§ 51-6. Service of notice.

[Amended 3-8-2010 by L.L. No. 2-2010]

Said notice shall be served by personal service of a copy thereof upon the owner of record, or his personal representative; or, if no such person can be reasonably found, by mailing such owner a copy of such notice directed to his last known address by certified mail, and by personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonably found; and by securely affixing a copy of such notice upon the unsafe building.

§ 51-7. Filing of proof of service of notice.

A copy of the proof of service of said notice, as provided herein, shall be filed in the office of the Suffolk County Clerk.

§ 51-8. Hearing.

The Board of Trustees shall conduct a public hearing at the time and place specified in such notice. The owner, the occupant and any other interested persons shall have a right to be heard. The Code Enforcement Officer and any surveyor or engineer appointed by the Board of Trustees shall submit testimony and/or documentary evidence as to whether the building or structure is unsafe. The Board of Trustees shall consider all competent and relevant evidence and make a determination as to whether such building or structure is unsafe and whether it should be secured, repaired, demolished or removed. The owner and any occupant shall receive written notice of such determination and any resulting order.

§ 51-9. Refusal to comply; contracts for demolition.

A. In the event of the refusal or neglect of the person so notified to comply with said order of the Board of Trustees within 10 days, the Board of Trustees shall direct that such building or structure be secured, repaired or demolished and removed, either by Village employees or by contract.

B. Except in an emergency, any contract for demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.

§ 51-10. Assessment of costs; assessment to constitute lien.

[Amended 3-8-2010 by L.L. No. 2-2010]

After the building or other structure has been taken down and removed or has been repaired and secured, the Board of Trustees shall assess all costs and expenses incurred by the Village in connection with the proceedings to remove or secure, including the cost of actually removing the building or other structure, and the Board of Trustees shall levy such assessment against the land on which the building or other structure is or was located. The levy of such assessment, as of the date of such levy, shall constitute a lien and charge on said land until paid and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes. Such assessment, from the date of its levy, shall bear interest at the annual rate of 9%.

§ 51-11. Emergency corrections.

Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Board of Trustees may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair or demolition of such unsafe building. The expense of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 51-10 hereof.

§ 51-12. Appointment of surveyor or engineer, compensation.

A surveyor or engineer may be appointed to determine if a building or structure is unsafe, and he shall be paid reasonable compensation as shall be fixed by the Board of Trustees.

Chapter 55. CARNIVALS AND CIRCUSES

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 30-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Places of public assembly — See Ch. 132.

§ 55-1. Carnivals, performances and exhibitions restricted.

All carnivals, performances or exhibitions of like nature shall be prohibited within the Village, except that a permit may be issued without fee by the Board of Trustees for any such exhibition or performance when sponsored by a charitable, educational, religious, eleemosynary, civic or similar institution or organization, subject to the required safety inspection by the applicable agency of the State of New York, and any conditions that the Board of Trustees may impose.

§ 55-2. Carousels or merry-go-rounds restricted.

It shall be unlawful for any person to operate a carousel or merry-go-round for hire within the Village, except that permission may be granted by the Board of Trustees to operate such amusement device in connection with a carnival without fee when sponsored by a charitable, educational, religious, eleemosynary, civic or similar institution or organization, subject to the required safety inspection by the applicable agency of the State of New York and any conditions that the Board of Trustees may impose.

§ 55-3. Circuses and menageries prohibited.

No circus or menagerie shall be permitted to exhibit within the Village or parade in any street therein.

Chapter 81. FIRE PREVENTION

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 33-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Alarm systems — See Ch. 36.
Building construction — See Ch. 49.
Conduct at fires — See Ch. 83.
Open fires — See Ch. 85.
Flood damage prevention — See Ch. 88.
Property maintenance — See Ch. 130.

§ 81-1. Adoption of standards.

For the purpose of prescribing rules and regulations governing conditions hazardous to life and property from fire and explosion, there is hereby adopted the New York State Uniform Fire Prevention and Building Code, and amendments thereto ("Uniform Code"), save and except such portions as are hereinafter deleted, modified or amended. Said Uniform Code is hereby incorporated as fully as if set forth at length herein. A complete copy of said Uniform Code shall be kept in the office of the Village Clerk and shall be available for inspection and copying by the public during normal business hours.

§ 81-2. Establishment of Code Enforcement Department.

The Uniform Fire Prevention and Building Code shall be enforced by the Code Enforcement Officer and the Fire Marshal.

§ 81-3. Fire inspectors.

The Code Enforcement Officer is designated as the fire inspector. The Board of Trustees shall have the authority to designate additional fire inspectors from time to time provided that they have been duly certified by New York State.

§ 81-4. Office of Fire Marshal; appointments.

The Office of Fire Marshal previously established is hereby continued. Said office shall consist of a Chief Fire Marshal and two Deputy Fire Marshals who shall be appointed by the Mayor, subject to the approval of the Board of Trustees, for a term of three years. Said terms shall be staggered so only one term expires each year. The Office of the Fire Marshal shall have the authority to determine the presence of flammable or combustible material in any building within the Village and to assist the Fire Department in the initial investigation of any fire in the Village.

§ 81-5. Right of entry.

The fire inspector(s) and members of the Office of the Fire Marshal shall have the power at any and all times to enter into and examine all buildings and ascertain if any flammable or combustible material is lodged therein.

§ 81-6. Inspection of buildings.

[Amended 3-8-2010 by L.L. No. 2-2010]

It shall be the duty of the Code Enforcement Officer to inspect all buildings and premises, as provided in § 49-11 of this Code for the purpose of ascertaining and causing to be corrected any condition liable to cause fire or endanger life by fire or any violation of the provisions or intent of this chapter.

§ 81-7. Order to eliminate hazardous conditions.

Whenever the Code Enforcement Officer or the Office of the Fire Marshal shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, he shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the inspecting officer:

A. Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials.

B. Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials.

C. Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly combustible materials.

D. Accumulations of dust or waste material in air-conditioning or ventilating systems or of grease in kitchen or other exhaust ducts or inadequate clearances to unprotected combustible materials from hoods, grease extractors and ducts.

E. Obstructions to or on fire escapes, designated access openings in exterior walls for Fire Department use, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.

F. Any building or other structure which, for want of repairs, lack of adequate exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause, creates a hazardous condition.

§ 81-8. Service of process.

The service of process for violations of this chapter shall be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of same to such person or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of such premises. Whenever it may be necessary to serve such a process upon the owner of a premises, such process may be served either by delivering to and leaving with said person a copy of said process, or, if such owner is absent from the jurisdiction of the officer making the process, by sending such copy by certified or registered mail to the owner's last known post office address.

§ 81-9. Investigation of fires; reports.

A. The Office of the Fire Marshal may assist the Fire Chief in the investigation of the cause, origin and circumstances of every fire occurring in the Village which is of suspicious nature or which involves loss of life or injury to persons or by which property has been destroyed or substantially damaged. Such investigations shall be begun immediately upon the occurrence of such fire, and, if it appears that such fire is of suspicious origin, the Office of the Fire Marshal shall immediately notify the Police Department of the facts. The Police Department shall notify the proper authorities designated by law to pursue the investigation of such matters and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case.

B. Every fire shall be reported, in writing, by the Police Department to the Office of the Fire Marshal, within two days after the occurrence of the same. The report shall be in such form as shall be prescribed by the Office of the Fire Marshal. Every fire investigated by the Office of the Fire Marshal shall be reported, in writing, to the Fire Department, within two days following the occurrence of the same, by the Fire Marshal or Deputy Fire Marshal performing such investigation. Said report shall contain a statement of facts relating to the cause, origin and circumstances of such fire, factors contributing to the spread of the fire, injury to persons, the extent of the damage, the insurance upon such property and such other information as may be required. The Fire Chief shall prepare a report of each and every fire on a form prescribed by the New York State Secretary of State and shall submit a copy of said report to the Office of the Fire Marshal as well as to the New York State agency whose duty it is to collect such reports. In the event that the Fire Department or the Office of the Fire Marshal shall require the services of another investigatory agency, the Fire Department shall request such assistance and shall receive any report issued by such agency and shall forward a copy of any such report to the Office of the Fire Marshal.

[Amended 3-8-2010 by L.L. No. 2-2010]

C. The Village Attorney and the Police Department, upon request of the Office of the Fire Marshal, shall assist the Office of the Fire Marshal in the investigation of any fire which, in their opinion, is of suspicious origin.

§ 81-10. Records.

The Fire Department shall keep a record of all fires and of all the facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby. Said record shall be on a form prescribed by the New York State Office of Fire Prevention and Control.

§ 81-11. Permits; fees.

A. A permit shall constitute permission to maintain, store or handle materials or to conduct processes which produce conditions hazardous to life or property or to install equipment used in connection with such activities. Such permit does not take the place of any license required by law. It shall not be transferable, and any change in use or occupancy of the premises shall require a new permit. Permits shall be required for the manufacture, storage or sale of the materials or the conducting of the operations as established by the New York State Uniform Fire Prevention and Building Code. Annual fees for such permits shall be paid. Such fees shall be established and modified by the Board of Trustees by resolution.

B. Before a permit may be issued, the fire inspector shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where laws or regulations enforceable by departments other than the Code Enforcement Officer are applicable, joint approval shall be obtained from all departments concerned.

C. All applications for a permit required by this chapter shall be made to the Code Enforcement Officer in such form and detail as it shall prescribe. Applications for permits shall be accompanied by such plans as required by the Code Enforcement Officer.

D. Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by any officer of the Fire or Police Department or the Code Enforcement Officer or the Office of the Fire Marshal.

E. One permit only shall be required by establishments dealing in or using two or more flammable, combustible or explosive materials to be kept in the establishment at any one time, but each of the materials shall be listed on the permit.

§ 81-12. Revocation of permit.

The Code Enforcement Officer may revoke a permit or approval issued if any violation of this chapter is found upon inspection or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

§ 81-13. Fireworks.

[Amended 1-24-2011 by L.L. No. 1-2011]

It shall be unlawful for any person to store, offer for sale, expose for sale, sell at retail, or use or explode any fireworks within the Village without a permit issued by the Village Clerk in accordance with § 405.00 of the Penal Law.

§ 81-14. Modification of provisions.

The Code Enforcement Officer shall have the power to modify any of the provisions of the Uniform Fire Prevention and Building Code upon application, in writing, by the owner or lessee or his duly authorized agent when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Code Enforcement Officer thereon shall be entered upon the records of the Code Enforcement Officer, and a signed copy shall be furnished to the applicant.

§ 81-15. Appeals from decisions of Code Enforcement Officer.

Whenever the Code Enforcement Officer shall disapprove an application or refuse to grant a permit applied for or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from such decision to the Board of Trustees of the Village within 30 days of the date of the decision appealed.

§ 81-16. New materials, processes or occupancies requiring permits.

The Code Enforcement Officer shall determine and specify, after giving interested persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in this chapter. The Code Enforcement Officer shall post such list on the bulletin board in the Village Office and distribute copies thereof to interested persons upon their request.

§ 81-17. Penalties for offenses.

Violation of any provision of this chapter or failure to comply with any order of the Code Enforcement Officer, or any member thereof the Office of the Fire Marshal shall be unlawful and shall be punishable in accordance with Chapter 1, Article II, of the Village Code.

Chapter 83. FIRES, CONDUCT AT

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 34-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Fire Department — See Ch. 12.
Alarm systems — See Ch. 36.
Fire prevention — See Ch. 81.
Open fires — See Ch. 85.

§ 83-1. Interference with Fire Department prohibited.

It shall be unlawful for any person at the time of any fire in the Village to interfere with, obstruct or hinder the work or operation of the Fire Department in the following manner:

A. By failing to move over and give the right-of-way to any fire apparatus responding to an alarm or by passing any fire apparatus while such apparatus is in motion.

B. By stopping or parking any vehicle so as to obstruct any fire hydrant within 300 feet of a fire.

C. By failing to move any vehicle from the vicinity of any fire upon orders to do so from any police officer, Fire Department officer or fireman.

D. By going or remaining within any fire lines without the permission of the Chief or Assistant Chiefs of the Fire Department.

§ 83-2. Obstruction of hydrants.

It shall be unlawful for any person to obstruct or injure any fire hydrant in the Village or throw or pile snow or ice around or directly in front of any hydrant.

§ 83-3. False alarms.

It shall be unlawful for any person to knowingly or recklessly make or raise a false cry of fire.

Chapter 85. FIRES, OPEN

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 35-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Alarm systems — See Ch. 36.
Fire prevention — See Ch. 81.
Conduct at fires — See Ch. 83.

§ 85-1. Bonfires.

[Amended 3-8-2010 by L.L. No. 2-2010]

No person shall build a bonfire without the approval of the Board of Trustees and in accordance with the requirements of the applicable provisions of the Fire Code of the State of New York.

Chapter 88. FLOOD DAMAGE PREVENTION

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 36-2009. Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 49.
Fire prevention — See Ch. 81.
Freshwater wetlands — See Ch. 92.
Property maintenance — See Ch. 130.
Stormwater management and erosion and sediment control — See Ch. 150.
Zoning — See Ch. 183.

§ 88-1. Findings.

The Board of Trustees of the Village of Amityville finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Village of Amityville and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted.

§ 88-2. Purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;

D. Control filling, grading, dredging and other development which may increase erosion or flood damages;

E. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and

F. Qualify for and maintain participation in the National Flood Insurance Program.

§ 88-3. Objectives.

The objectives of this chapter are:

A. To protect human life and health;

B. To minimize expenditure of public money for costly flood control projects;

C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. To minimize prolonged business interruptions;

E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;

F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

G. To provide that developers are notified that property is in an area of special flood hazard; and

H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 88-4. Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
APPEAL
A request for a review of the Local Administrator's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or one-hundred-year floodplain. For purposes of this chapter, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
That portion of a building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
BUILDING
See "structure."
CELLAR
Has the same meaning as "basement."
COASTAL HIGH HAZARD AREA
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V1-V30, VE, VO or V.
CRAWL SPACE
An enclosed area beneath the lowest elevated floor, 18 inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING
A non-basement building built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards.
FEDERAL EMERGENCY MANAGEMENT AGENCY
The federal agency that administers the National Flood Insurance Program.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
See "flood elevation study".
FLOOD or FLOODING

A. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters;

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

B. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) above.

FLOODPLAIN or FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source (see definition of "flooding").
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
Has the same meaning as "regulatory floodway."
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior; or

(2) Directly by the Secretary of the Interior in states without approved programs.

LOCAL ADMINISTRATOR
The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is the Code Enforcement Officer.
LOWEST FLOOR
Lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
MOBILE HOME
Has the same meaning as "manufactured home."
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure.
ONE-HUNDRED-YEAR FLOOD
Has the same meaning as "base flood."
PRIMARY FRONTAL DUNE
A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope.
PRINCIPALLY ABOVE GROUND
That at least 51% of the actual cash value of the structure, excluding land value, is above ground.
RECREATIONAL VEHICLE
A vehicle which is:

A. Built on a single chassis;

B. Four hundred square feet or less when measured at the largest horizontal projections;

C. Designed to be self-propelled or permanently towable by a light-duty truck; and

D. Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 88-14B of this chapter.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
START OF CONSTRUCTION

A. The date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The "actual start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

B. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE
A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

VARIANCE
A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter.

§ 88-5. Applicability.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Village of Amityville.

§ 88-6. Basis for establishing areas of special flood hazard.

A. The areas of special flood hazard for the Village of Amityville, Community Number 360788, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(1) Flood Insurance Rate Map Panel Numbers: 36103C0835H, 36103C0841H, 36103C0842H, 36103C0843H, 36103C0844H, whose effective date is September 25, 2009, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.

(2) A scientific and engineering report entitled "Flood Insurance Study, Suffolk County, New York, All Jurisdictions," dated September 25, 2009.

B. The above documents are hereby adopted and declared to be a part of this chapter.

§ 88-7. Interpretation and conflict with other laws.

A. This chapter includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention.

B. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

§ 88-8. Severability.

The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.

§ 88-9. Penalties for offenses.

No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Amityville from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §§ 88-16 and 88-17 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

§ 88-10. Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Village of Amityville, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 88-11. Designation of Local Administrator.

The Code Enforcement Officer is hereby appointed Local Administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions.

§ 88-12. Floodplain development permit.

A. Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 88-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. The building permit issued by the Code Enforcement Officer shall also serve as the floodplain development permit, provided that all applicable provisions of this chapter have been complied with in the issuance of said permit.

B. Fees. All applications for a floodplain development permit shall be accompanied by an application fee established by the Board of Trustees by resolution. In addition, the applicant shall be responsible for reimbursing the Village for any additional costs necessary for review, inspection and approval of the project. The Local Administrator may require a deposit of no more than $500 to cover these additional costs.

[Amended 1-24-2011 by L.L. No. 1-2011]

§ 88-13. Application for permit.

The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. The building permit application shall also serve as the application for a floodplain development permit, provided that all information required in this section is provided with such application.

A. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones A1-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor.

B. The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zones V1-V30 or VE, or Zone V if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor.

C. The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the Local Administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.

D. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 88-15B(3), Utilities.

E. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 88-15E, Nonresidential structures.

F. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 88-6, when notified by the Local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.

G. A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.

H. In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres.

I. In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds per square foot.

J. In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, for all new and substantial improvements to structures, floodplain development permit applications shall be accompanied by design plans and specifications, prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect, and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this chapter.

§ 88-14. Duties and responsibilities of Local Administrator.

Duties of the Local Administrator shall include, but not be limited to the following:

A. Permit application review. The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit:

(1) Review all applications for completeness, particularly with the requirements of § 88-13, Application for permit, and for compliance with the provisions and standards of this chapter.

(2) Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of § 88-15 and, in particular, § 88-15A(2), Subdivision proposals.

(3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Local Administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of § 88-15, Construction standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.

(4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.

B. Use of other flood data.

(1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 88-13G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.

(2) When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this chapter.

C. Alteration of watercourses.

(1) Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.

(2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

D. Construction stage.

(1) In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).

(2) In Zones V1-V30 and VE, and also Zone V if base flood elevation data are available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the Local Administrator a certificate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns). The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. An elevation certificate must also be submitted for a recreational vehicle if it remains on a site 180 consecutive days or longer (unless it is fully licensed and ready for highway use).

(3) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.

E. Inspections. The Local Administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.

F. Stop-work orders.

(1) The Local Administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 88-9 of this chapter.

(2) The Local Administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 88-9 of this chapter.

G. Certificate of compliance.

(1) In areas of special flood hazard, as determined by documents enumerated in § 88-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this chapter.

(2) A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all development in areas of special flood hazard.

(3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 88-14E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.

H. Information to be retained. The Local Administrator shall retain and make available for inspection, copies of the following:

(1) Floodplain development permits and certificates of compliance;

(2) Certifications of as-built lowest floor elevations of structures, required pursuant to Subsection D(1) and (2) of this section, and whether or not the structures contain a basement;

(3) Floodproofing certificates required pursuant to Subsection D(1) of this section, and whether or not the structures contain a basement;

(4) Variances issued pursuant to §§ 88-16 and 88-17, Variance procedures; and

(5) Notices required under Subsection C, Alteration of watercourses.

§ 88-15. Construction standards.

A. General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 88-6.

(1) Coastal high hazard areas. The following requirements apply within Zones V1-V30, VE and V:

(a) All new construction, including manufactured homes and recreational vehicles on site 180 days or longer and not fully licensed for highway use, shall be located landward of the reach of high tide.

(b) The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited.

(c) Man-made alteration of sand dunes which would increase potential flood damage is prohibited.

(2) Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):

(a) Proposals shall be consistent with the need to minimize flood damage;

(b) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and

(c) Adequate drainage shall be provided to reduce exposure to flood damage.

(3) Encroachments.

(a) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:

[1] The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or

[2] The Village of Amityville agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Village of Amityville for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Village of Amityville for all costs related to the final map revision.

(b) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 88-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:

[1] A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or

[2] The Village of Amityville agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Village of Amityville for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Village of Amityville for all costs related to the final map revisions.

B. Standards for all structures.

(1) Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(2) Construction materials and methods.

(a) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.

(b) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.

(c) For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:

[1] A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

[2] The bottom of all such openings no higher than one foot above the lowest adjacent finished grade.

[3] Openings may be equipped with louvers, valves, screens or other coverings or devices, provided they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted.

(d) Within Zones V1-V30 and VE, and also within Zone V if base flood elevation are available, new construction and substantial improvements shall have the space below the lowest floor either free from obstruction or constructed with nonsupporting breakaway walls, open wood latticework or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts are subject to the design requirements for breakaway walls.

(3) Utilities.

(a) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at or above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the base flood elevation unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations;

(b) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

(c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and

(d) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

C. Residential structures (except coastal high-hazard areas).

(1) Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in Subsection A(2), Subdivision proposals, and Subsection A(3) Encroachments, and Subsection B, Standards for all structures.

(a) Within Zones A1-A30, AE and AH and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation.

(b) Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.

(c) Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 88-6 (at least two feet if no depth number is specified).

(d) Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

D. Residential structures (coastal high hazard areas). The following standards, in addition to the standards in Subsection A(1), Coastal high hazard areas, Subsection A(2), Subdivision proposals, and Subsection B, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zones V1-V30, VE or V on the community's Flood Insurance Rate Map designated in § 88-6.

(1) Elevation. New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural member supporting the lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or columns, grade beams, pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the structure) is elevated to or above two feet above base flood elevation so as not to impede the flow of water.

(2) Determination of loading forces. Structural design shall consider the effects of wind and water loads acting simultaneously during the base flood on all building components.

(a) The structural design shall be adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves, current drag forces, and impact forces from waterborne storm debris. Dynamic uplift loads shall also be considered if bulkheads, walls, or other natural or man-made flow obstructions could cause wave runup beyond the elevation of the base flood.

(b) Buildings shall be designed and constructed to resist the forces due to wind pressure. Wind forces on the superstructure include windward and leeward forces on vertical walls, uplift on the roof, internal forces when openings allow wind to enter the house, and upward force on the underside of the house when it is exposed. In the design, the wind should be assumed to blow potentially from any lateral direction relative to the house.

(c) Wind loading values used shall be those required by the building code.

(3) Foundation standards.

(a) The pilings or column foundation and structure attached thereto shall be adequately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simultaneously on all building components. Foundations must be designed to transfer safely to the underlying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water).

(b) Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure.

(4) Pile foundation design.

(a) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual piles (this shall not apply to pile clusters located below the design grade). The maximum center-to-center spacing of wood piles shall not be more than 12 feet on center under load-bearing sills, beams, or girders.

(b) Pilings shall have adequate soil penetration (bearing capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the base flood acting simultaneously with typical structure (live and dead) loads, and shall include consideration of decreased resistance capacity caused by erosion of soil strata surrounding the piles. The minimum penetration for foundation piles is to an elevation of five feet below mean sea level (msl) datum if the BFE is +10 msl or less, or to be at least 10 feet below msl if the BFE is greater than +10 msl.

(c) Pile foundation analysis shall also include consideration of piles in column action from the bottom of the structure to the stable soil elevation of the site. Pilings may be horizontally or diagonally braced to withstand wind and water forces.

(d) The minimum acceptable sizes for timber piles are a tip diameter of eight inches for round timber piles and eight inches by eight inches for square timber piles. All wood piles must be treated in accordance with requirements of EPEE-C3 to minimize decay and damage from fungus.

(e) Reinforced concrete piles shall be cast of concrete having a tweny-eight-day ultimate compressive strength of not less than 5,000 pounds per square inch, and shall be reinforced with a minimum of four longitudinal steel bars having a combined area of not less than 1% nor more than 4% of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1 1/2 inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall have a concrete cover of not less than two inches.

(f) Piles shall be driven by means of a pile driver or drop hammer, jetted, or augered into place.

(g) Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles.

(h) When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at-grade supports should be securely attached to the piles to provide support even if scoured from beneath.

(i) Diagonal bracing between piles, consisting of two-inch-by-eight-inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation, and aligned in the vertical plane along pile rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter 1/2 inch) or cable-type bracing is permitted in any plane.

(j) Knee braces, which stiffen both the upper portion of a pile and the beam-to-pile connection, may be used along pile rows perpendicular and parallel to the shoreline. Knee braces shall be two-by-eight lumber bolted to the sides of the pile/beam, or four-by-four or larger braces framed into the pile/beam. Bolting shall consist of two 5/8-inch galvanized steel bolts (each end) for two-by-eight members, or one 5/8-inch lag bolt (each end) for square members. Knee braces shall not extend more than three feet below the elevation of the base flood.

(5) Column foundation design. Masonry piers or poured-in-place concrete piers shall be internally reinforced to resist vertical and lateral loads, and be connected with a movement-resisting connection to a pile cap or pile shaft.

(6) Connectors and fasteners. Galvanized metal connectors, wood connectors, or bolts of size and number adequate for the calculated loads must be used to connect adjoining components of a structure. Toe nailing as a principal method of connection is not permitted. All metal connectors and fasteners used in exposed locations shall be steel, hot-dipped galvanized after fabrication. Connectors in protected interior locations shall be fabricated from galvanized sheet.

(7) Beam-to-pile connections. The primary floor beams or girders shall span the supports in the direction parallel to the flow of potential floodwater and wave action and shall be fastened to the columns or pilings by bolting, with or without cover plates. Concrete members shall be connected by reinforcement, if cast in place, or (if precast) shall be securely connected by bolting and welding. If sills, beams, or girders are attached to wood piling at a notch, a minimum of two 5/8-inch galvanized steel bolts or two hot-dipped galvanized straps 3/16 inch by four inches by 18 inches each bolted with two 1/2 inch lag bolts per beam member shall be used. Notching of pile tops shall be the minimum sufficient to provide ledge support for beam members without unduly weakening pile connections. Piling shall not be notched so that the cross section is reduced below 50%.

(8) Floor and deck connections.

(a) Wood two-inch-by-four-inch (minimum) connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders. These should be installed on alternate floor joists, at a minimum. Cross-bridging of all floor joists shall be provided. Such cross-bridging may be one-inch-by-three-inch members, placed eight feet on-center maximum, or solid bridging of same depth as joist at same spacing.

(b) Plywood should be used for subflooring and attic flooring to provide good torsional resistance in the horizontal plane of the structure. The plywood should not be less than 3/4-inch total thickness, and should be exterior grade and fastened to beams or joists with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented by the application of waterproof industrial adhesive applied to all bearing surfaces.

(9) Exterior wall connections. All bottom plates shall have any required breaks under a wall stud or an anchor bolt. Approved anchors will be used to secure rafters or joists and top and bottom plates to studs in exterior and bearing walls to form a continuous tie. Continuous 15/32 inch or thicker plywood sheathing, overlapping the top wall plate and continuing down to the sill, beam, or girder, may be used to provide the continuous tie. If the sheets of plywood are not vertically continuous, then two-by-four nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2-inch diameter or galvanized steel straps not less than one inch wide by 1/16 inch thick may be used to connect from the top wall plate to the sill, beam, or girder. Washers with a minimum diameter of three inches shall be used at each end of the 1/2-inch round rods. These anchors shall be installed no more than two feet from each corner rod, no more than four feet on center.

(10) Ceiling joist/rafter connections. All ceiling joists or rafters shall be installed in such a manner that the joists provide a continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at their intersections. A metal or wood connector shall be used at alternate ceiling joist/rafter connections to the wall top plate. Gable roofs shall be additionally stabilized by installing two-by-four blocking on two-foot centers between the rafters at each gable end. Blocking shall be installed a minimum of eight feet toward the house interior from each gable end.

(11) Projecting members. All cantilevers and other projecting members must be adequately supported and braced to withstand wind and water uplift forces. Roof eave overhangs shall be limited to a maximum of two feet and joist overhangs to a maximum of one foot. Larger overhangs and porches will be permitted if designed or reviewed and certified by a registered professional engineer or architect.

(12) Roof sheathing.

(a) Plywood, or other wood material, when used as roof sheathing, shall not be less than 15/32 inch in thickness, and shall be of exterior sheathing grade or equivalent. All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion-resistant material.

(b) All corners, gable ends, and roof overhangs exceeding six inches shall be reinforced by the application of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such corner, gable end, or roof overhang.

(c) In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys, and other points of discontinuity in the roofing surface.

(13) Protection of openings. All exterior glass panels, windows, and doors shall be designed, detailed, and constructed to withstand loads due to the design wind speed of 75 mph. Connections for these elements must be designed to transfer safely the design loads to the supporting structure. Panel widths of multiple panel sliding glass doors shall not exceed three feet.

(14) Breakaway wall design standards.

(a) The breakaway wall shall have a design safe loading resistance of not less than 10 and not more than 20 pounds per square foot, with the criterion that the safety of the overall structure at the point of wall failure be confirmed using established procedures. Grade beams shall be installed in both directions for all piles considered to carry the breakaway wall load. Knee braces are required for front row piles that support breakaway walls.

(b) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be permitted unless a registered professional engineer or architect has developed or reviewed the structural design and specifications for the building foundation and breakaway wall components, and certifies that the breakaway walls will fail under water loads less than those that would occur during the base flood; and the elevated portion of the building and supporting foundation system will not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water-loading values used shall be those associated with the base flood. Wind-loading values shall be those required by the building code.

E. Nonresidential structures (except coastal high hazard areas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in Subsection A(2), Subdivision proposals, Subsection A(3), Encroachments, and Subsection B, Standards for all structures.

(1) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:

(a) Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or

(b) Be floodproofed so that the structure is watertight below two feet above the base flood elevation with walls substantially impermeable to the passage of water. All structural components located below the base flood elevation must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(2) Within Zone AO, new construction and substantial improvements of nonresidential structures shall:

(a) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or

(b) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection B(3).

(3) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection E(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.

(4) Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

(5) Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.

F. Nonresidential structures (coastal high hazard areas). In Zones V1-V30, VE and also Zone V if base flood elevations are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall have the bottom of lowest member of the lowest floor elevated to or above two feet above the base flood elevation. Floodproofing of structures is not an allowable alternative to elevating the lowest floor to two feet above the base flood elevation in Zones V1-V30, VE and V.

G. Manufactured homes and recreational vehicles. The following standards in addition to the standards in Subsection A, General standards, and Subsection B, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.

(1) Recreational vehicles.

(a) Recreational vehicles placed on sites within Zones A1-A30, AE, AH, V1-V30, V, and VE shall either:

[1] Be on site fewer than 180 consecutive days;

[2] Be fully licensed and ready for highway use; or

[3] Meet the requirements for manufactured homes in Subsection G(2), (3) and (4).

(b) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.

(2) A manufactured home that is placed or substantially improved in Zones A1-A30, AE, AH, V1-V30, V, and VE shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.

(3) Within Zones A or V, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.

(4) Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 88-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.

§ 88-16. Variance procedure; Appeals Board.

A. The Zoning Board of Appeals as established by the Board of Trustees shall hear and decide appeals and requests for variances from the requirements of this chapter.

B. The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this chapter.

C. Those aggrieved by the decision of the of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

D. In passing upon such applications, the Zoning Board of Appeals, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger to life and property due to flooding or erosion damage;

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4) The importance of the services provided by the proposed facility to the community;

(5) The necessity to the facility of a waterfront location, where applicable;

(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7) The compatibility of the proposed use with existing and anticipated development;

(8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area;

(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10) The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding;

(11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(12) The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.

E. Upon consideration of the factors of Subsection D, and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

F. The Local Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request.

§ 88-17. Conditions for variances.

A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing items in § 88-16D(1) through (12) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the repair or rehabilitation of historic structures upon determination that:

(1) The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure; and

(2) The variance is the minimum necessary to preserve the historic character and design of the structure.

C. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:

(1) The criteria of Subsections A, D, E and F of this section are met; and

(2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

D. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

F. Variances shall only be issued upon receiving written justification of:

(1) A showing of good and sufficient cause;

(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

G. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.

Chapter 92. FRESHWATER WETLANDS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 37-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 49.
Flood damage prevention — See Ch. 88.
Stormwater management and erosion and sediment control — See Ch. 150.
Zoning — See Ch. 183.

§ 92-1. Regulatory authority.

Pursuant to § 24-0501 of the New York State Freshwater Wetlands Act (Article 24 of the New York State Environmental Conservation Law), the Village shall fully undertake and exercise its regulatory authority with regard to activities subject to regulation under the Act in freshwater wetlands, as shown on the Freshwater Wetlands Map, as such map may from time to time be amended, filed by the Department of Environmental Conservation pursuant to the Act, and in all areas adjacent to any such freshwater wetland up to 100 feet from the boundary of such wetland. Such regulatory authority shall be undertaken and exercised in accordance with all of the procedures, concepts and definitions set forth in Article 24 of the New York State Environmental Conservation Law and Title 23 of Article 71 of such law relating to the enforcement of Article 24, as such law may from time to time be amended, with the following exceptions, additions and modifications:

A. Emergency work which is immediately necessary to protect the health, safety and well-being of any person or to prevent damage to personal or real property.

B. Ordinary maintenance or repair of existing structures or improved areas which does not involve expansion or substantial restoration, reconstruction, rehabilitation or modification, including but not limited to bridges, roads, highways, railroad beds, bulkheads, docks, piers, pilings or paved areas.

§ 92-2. When effective.

This chapter, adopted on the date set forth above, shall take effect upon filing with the Clerk of the Village the final Freshwater Wetlands Map by the New York State Department of Environmental Conservation pursuant to § 24-0301 of the Freshwater Wetlands Act applicable to any or all lands within the Village. Any amendments to such map shall take effect upon the filing of said amendments with the Village Clerk.

Chapter 95. GARAGE SALES

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 38-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. . Amendments noted where applicable.]

GENERAL REFERENCES

Advertising materials — See Ch. 35.
Signs — See Ch. 144.
Streets, sidewalks and driveways — See Ch. 152.

§ 95-1. Intent.

It is the purpose of this chapter to prohibit the infringement of any business in any established residential area and in so doing to regulate the term and frequency of a personal property sale, such as a garage sale, porch sale, basement sale, yard sale or other similar type of sale, so as not to disturb or disrupt the residential environment of the area.

§ 95-2. Permit required.

Any person who wishes to hold a personal property sale, including but not limited to a garage sale, basement sale, porch sale or yard sale, for the resale of used household property, clothing or any personal property items which are owned by the residents of the premises shall obtain a permit therefor from the Village Clerk.

§ 95-3. Term of permit; number of permits restricted.

Any permit issued pursuant to this chapter shall be for a term not exceeding two consecutive calendar days. No more than two such permits shall be issued for any premises in any one calendar year.

§ 95-4. Permit fee.

The permit fee for each garage sale shall be in an amount as established by the Board of Trustees by resolution.

§ 95-5. Restrictions.

A. The permit shall be subject to a determination by the Code Enforcement Officer that proper safety and environmental precautions have been taken for the public.

B. The permit shall be posted on the premises in a conspicuous place.

C. No signs, posters or other advertising materials shall be placed upon or attached to any public property, including but not limited to lighting poles, telephone poles, or upon public sidewalks or highways.

§ 95-6. Right of access for inspection.

A police officer or the Code Enforcement Officer shall have the right of entry to any premises when there is probable cause that a sale of personal property is taking place to enforce the provisions of this chapter. Such officers are hereby authorized to issue an appearance ticket for any violation of this chapter and to order that the sale be ended forthwith.

Chapter 97. GARBAGE, RUBBISH AND REFUSE

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 39-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Open fires — See Ch. 85.
Property maintenance — See Ch. 130.
Abandoned vehicles — See Ch. 171.

Article I. General Regulations

§ 97-1. Refuse, garbage and debris in streets, sidewalks and gutters.

No person shall deposit any refuse, garbage, debris or decomposable matter in or on any of the streets, sidewalks or gutters of the Village, nor shall the occupant of any premises permit papers or other rubbish to be carried by the wind from the premises so occupied into any streets, sidewalks or gutters of the Village.

§ 97-2. Dumping on private property.

No person shall deposit any refuse, garbage, debris or decomposable matter in or upon any privately owned property within the Village without the written permission of the owner.

§ 97-3. Garbage accumulation and disposal; inspection; height of grass.

A. No owner or occupant of any premises shall allow refuse, trash, garbage, debris, decomposable matter or discarded appliances to accumulate or remain thereon. Such items shall be disposed of promptly and, while awaiting disposition, shall be kept covered, contained or otherwise secured. For the purpose of this section, "premises" shall include the sidewalk area adjacent to the real property of the owner.

B. The Code Enforcement Officer or any police officer may inspect any premises to ascertain whether any violations hereof exist.

C. No owner or occupant of any parcel of land located in the Village of Amityville shall permit thereon an accumulation or growth of weeds, brush, grass, grains or other growths or by-products of the same which have attained or exceeded the height permitted by the Property Maintenance Code of the State of New York as modified from time to time

§ 97-4. Abatement of prohibited conditions; penalties for offenses.

A. Upon receipt of notice of violation of § 97-3, the owner or occupant of a premises shall abate such violations as follows:

(1) Health-related violation: within 48 hours of the receipt of notice thereof.

(2) Non-health-related violation: within seven days of notice thereof.

B. If the owner or occupant shall neglect or refuse to comply with such notice of violation, the Village shall be authorized to enter upon the premises and abate the prohibited conditions, collecting the cost of such abatement in the same manner as unpaid taxes are collected. The remedy of abatement shall be in addition to penalties provided in § 1-9. Such notice of violation shall be served upon the owner or occupant of the premises in accordance with § 308 of the Civil Practice Law and Rules or by certified mail.

[Amended 3-8-2010 by L.L. No. 2-2010]

Article II. Residential Solid Waste Control

§ 97-5. Establishment.

Pursuant to § 4-412 of the Village Law of the State of New York, the Board of Trustees of the Village of Amityville hereby adopts a local law regarding the collection and disposal of residential solid waste within the Village.

§ 97-6. Recycling; solid waste improvement area.

The Board of Trustees hereby finds that the collection and disposal of residential solid waste generated within the Village, and the encouragement of recycling of a portion of such residential solid waste, is a proper public function. The Board further finds that the most effective way to achieve compliance with the New York State Environmental Quality Review Act and to assure the continued efficient collection of residential solid waste is to participate as a part of the Town of Babylon Solid Waste Improvement Area.

§ 97-7. Collection of recyclable solid waste.

In furtherance of the public purpose of encouraging recycling of solid waste, commencing immediately, all residents of the Village shall separate newspapers, recyclable plastic and glass from ordinary household solid waste. Such separated materials shall be placed by Village residents at curbside and shall be collected separately from other household solid waste on Wednesday of each week.

§ 97-8. Hours of collection.

A. Solid waste may be collected within the residential zoning districts only during the hours beginning at 6:00 a.m. and ending at 7:00 p.m.

B. No garbage, rubbish, refuse or other residential solid waste shall be placed out by the street for collection more than 24 hours prior to a scheduled pickup.

§ 97-9. Placement on street prohibited.

It shall be a violation of this article to place garbage, rubbish, refuse or other residential solid waste on the paved portion of the street or on the paved sidewalk, if any.

§ 97-10. Dumpsters regulated.

No dumpsters or roll-offs shall be permitted in any public street or right-of-way, nor shall same be stored for more than 30 days on private property used for residential purposes.

§ 97-11. Collection fee.

The cost of such service shall be collected from the Village residents at a per-household fee by the Town of Babylon along with other fees and charges set forth and shall be collected together with the town real property tax bills.

§ 97-12. Collection by designated contractor.

In furtherance of such purpose, commencing immediately, no persons other than the Village or the Village's designated contractor shall be entitled to collect residential solid waste within the Village.

Article III. Commercial Solid Waste Collection

§ 97-13. Vehicles used for transport to be covered.

Any truck, wagon, cart or similar vehicle used for the collection or transportation of commercial garbage, ashes, rubbish, refuse or other solid, semisolid or liquid waste shall be provided with a cover or screen which shall effectively prevent the dislodging and escape of such refuse. Such cover or screen shall be kept in place at all times while traversing the streets of the Village, except when the vehicle is being loaded.

§ 97-14. License required.

A. No person shall engage in the business of collecting and transporting commercial garbage, ashes, rubbish, refuse or other solid, semisolid or liquid waste, debris or decomposable matter or offensive or noxious substance, nor shall any person drive or operate in the Village any cart, wagon, truck or other vehicle used in the conduct of such business, except in compliance with the provisions of this article, nor without a license therefor as herein provided.

B. The license provided for herein shall not be issued unless the applicant has first received a Town of Babylon Class I carter's license as provided for in Chapter 133 of the Code of the Town of Babylon.

§ 97-15. Application; investigation.

Application for the license required by the provisions of this article shall be made to the Village Clerk upon a form furnished by said Clerk. The Village Clerk shall have the equipment of the applicant inspected for compliance with this article, and furnish the results of such inspection to the Board of Trustees.

§ 97-16. Issuance of license.

The Board of Trustees, if satisfied that the equipment of the applicant for a license under the provisions of this article complies with the requirements hereof, shall direct the Village Clerk to issue such license.

§ 97-17. License fee; display of sticker; penalties for offenses.

A. The annual license fee per vehicle for a business licensed under this article shall be in an amount as established by the Board of Trustees by resolution.

B. Each vehicle so licensed shall have a license sticker affixed to the vehicle. Failure to display a valid license sticker is a violation of this chapter punishable pursuant to Chapter 1, Article II, of this Code.

[Amended 3-8-2010 by L.L. No. 2-2010]

§ 97-18. Validity of license.

Each license issued hereunder shall be valid for one year from September 1 and shall expire on August 31 of the succeeding year.

§ 97-19. Suspension or revocation of license.

The license of any person violating any of the provisions of this article may be suspended or revoked by the Board of Trustees after due notice and hearing thereon.

§ 97-20. Condition of vehicle.

Every licensee hereunder shall keep all his vehicles in a clean and sanitary condition. No licensee shall use any vehicle unless each compartment thereof within which garbage or refuse may be deposited is provided with tight wood or metal floors and sidewalls and unless such compartment is covered at all times, except when loading or unloading, with a close-fitting cover of wood, metal, canvas or other similar material.

§ 97-21. Hours of collection; disposal of waste.

A. Commercial waste shall only be collected within the historical, business and industrial zoning districts, as shown on the Building Zone Map, during the hours beginning at 6:00 a.m. and ending at 6:00 p.m.

B. All commercial waste collected within the Village of Amityville shall be disposed of at the Town of Babylon resource recovery facility originally located at or near Gleam Street, Wyandanch, New York, in accordance with Chapter 133 of the Code of the Town of Babylon.

§ 97-22. Maintenance of dumpsters.

All dumpsters used in the collection of commercial waste shall be maintained in good order and condition; they shall be painted on a regular basis and shall not be allowed to become unsightly due to visible corrosion or the exterior accumulation of any substance.

§ 97-23. Identification of dumpsters.

All dumpsters used in the Village of Amityville must have the name and telephone number of the licensee and the capacity of the dumpster (in cubic yards) clearly displayed on the outside of the dumpster.

§ 97-24. Contents of bills.

All bills issued by a licensee to his customers shall set forth the capacity of the customer's dumpster or container (in cubic yards), the amount of cubic yards being billed and the price per cubic yard.

Chapter 107. LICENSED BUSINESSES AND OCCUPATIONS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 40-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Advertising materials — See Ch. 35.
Taxicabs — See Ch. 161.

Article I. General Regulations

§ 107-1. License required; application for license; fee.

A. Any person who shall hereafter desire to pursue any of the trades or occupations within the Village of Amityville for which a license shall be required by the provisions of the state law or this chapter, or any person who shall desire to continue any such trade, business or occupation within the Village hereafter, shall, before commencing or beginning or attempting to commence or begin any such business or occupation, or before commencing or attempting to continue any such trade, business or occupation, obtain a license therefor in the following manner.

B. Application in writing shall be made to the Village Clerk for the issuance of such license, which application shall state in detail the particular business, trade or occupation for which a license is desired; the location within the Village of the building wherein such trade, business or occupation is to be carried on, or, if there shall be no such building within the Village, then the particular locality within which it is desired to carry on or engage in said trade, business or occupation; and the name of the person applying for such license, specifying the residence of such person or the residence of the persons comprising the firm or the principal place of business of the corporation making the application.

C. For each license provided for in this chapter, there shall be a fee, which fee shall be established from time to time by resolution of the Board of Trustees.

§ 107-2. Investigation; issuance of license.

[Amended 3-8-2010 by L.L. No. 2-2010]

Upon receiving any application provided for in § 107-1, the Village Clerk shall present the same to the Board of Trustees, and the Board of Trustees shall thereupon investigate the character of the business or occupation for which the license is sought, the location or locality in which it is desired to carry on or engage in such business or occupation and the person desiring such license. If the Board of Trustees shall, after its investigations, be satisfied that the person for whom such license is sought shall have fully complied with any applicable provisions of this chapter, or the laws of the State of New York concerning such trade, business or occupation or concerning the location within the Village of the building wherein such trade, business or occupation is to be carried on, said Trustees shall direct the issuance of a license in the following form, by the Village Clerk:

"A license, pursuant to Section ______ of the Village Law or the Code of the Village of Amityville, is hereby granted to _______________________ within the Village of Amityville for a period of one year from the ____ day of ____________, 20___."

§ 107-3. Payment of fee required; endorsement.

No license shall be deemed to be in effect or to grant any rights to the licensee therein named until the fee provided therefor shall have been paid to the Village Clerk and his receipt endorsed upon said license across the face thereof in the following manner:

"Received of __________ the sum of __________________ dollars, the fee fixed by the Board of Trustees for the within license."

§ 107-4. Suspension or revocation of license.

Any license issued to a licensee may be suspended or revoked by the Board of Trustees as follows:

A. Suspended pending a hearing upon probable cause that the licensee is in violation of safety and health regulations of this chapter, the Suffolk County Sanitary Code, or any other applicable state or local health or safety regulation.

B. Suspended or revoked after a hearing, at which the licensee shall have an opportunity to be heard, based upon a finding that such licensee was in violation of the safety or health regulations of this chapter, the Suffolk County Sanitary Code or any other applicable state or local health or safety regulations, or any stipulations imposed by the Board in the granting of said license.

§ 107-4.1. Penalties for offenses.

Any person who violates a provision of this chapter shall be subject to a civil fine to be established by resolution of the Board of Trustees, which shall be in addition to any other criminal or civil cause of action against such person, including revocation of any license issued hereunder.

Article II. Garages and Similar Establishments

§ 107-5. License required.

No person shall conduct or continue to conduct the business of a garage, including sales, purchases and service of vehicles, new and/or used, unless an annual license shall first have been secured therefor from the Board of Trustees of the Village in the manner provided in this article.

§ 107-6. Applicability.

This article shall apply to indoor and outdoor facilities.

§ 107-7. Requirements for granting of license.

The following stipulations shall apply to any license granted under this article:

A. No outdoor display or storage of vehicles adjacent to a property line shall be allowed without wheel-stops approved by this chapter so that no part of a vehicle is on, or projecting over, any street or sidewalk area.

B. All signs and exterior lighting comply with the Village Code.

C. Gasoline service stations shall provide and maintain an air compressor for public use without charge.

D. The applicant has paid the license fee established by the Board of Trustees by resolution.

§ 107-8. Duration of license.

The license granted under this article shall be valid for one year from September 1 and shall expire on the next succeeding August 31.

§ 107-9. Applicability to existing businesses.

Any presently permitted business or use now in existence, covered in this article which violates or does not conform to the requirements and provisions hereof shall be altered, removed, discontinued or replaced in conformity with the provisions hereof. Any application for a license by said existing business shall be so conditioned and shall so state, and the applicant shall agree in writing to comply with the provisions of this article prior to the issuance of said license.

Article III. Sales from Vehicles

§ 107-10. License required.

No person shall hawk, vend, peddle, barter or trade any goods or merchandise in or from any automobile trailer, truck, house car or traveling store within the limits of the Village without having first been duly licensed therefor as herein provided.

§ 107-11. Application for license.

Application for a license to hawk, vend, peddle, trade or barter goods or merchandise from any automobile trailer, truck, house car or traveling store as provided in § 107-10 shall be made to the Village Clerk on forms to be furnished by him in accordance with the provisions of §§ 107-1 through 107-3.

§ 107-12. License fee.

The fee for a license required as provided in § 107-10 for each automobile, trailer, truck, house car or traveling store conducted by such applicants shall be established, from time to time, by the Board of Trustees by resolution.

§ 107-13. Term of license.

Licenses to sell from vehicles shall be effective from January 1 until December 31 next succeeding, unless the same is sooner suspended or revoked.

Article IV. Street and Door-to-Door Sales

§ 107-14. Licenses required.

[Amended 3-8-2010 by L.L. No. 2-2010]

No person shall hawk, peddle, auction or have a stand for the sale of any merchandise of any description or solicit for contributions or gifts of any kind through or in any of the streets or public places of the Village, or by going from house to house within said Village, unless a license shall first have been secured therefor from the Board of Trustees in the manner provided in this chapter.

§ 107-15. License fees.

The annual fees for the licenses required in § 107-14 shall be established, from time to time, by the Board of Trustees by resolution.

§ 107-16. Exemptions.

Nothing contained in this article shall prohibit the soliciting of funds or gifts for charitable or educational purposes when sponsored by a recognized charitable, educational, eleemosynary or similar association or corporation, or hawking and peddling by honorably discharged members of the armed forces who are crippled as a result of injuries received while in the military service of the United States; provided, however, that the persons engaging in such activities shall be required to register and obtain a permit therefor, such permit to be issued without charge.

§ 107-17. Crying wares near certain public buildings.

No peddler, vendor or hawker shall be allowed to cry his wares within a distance of 250 feet of any school, courthouse or church during school hours, hours of holding court or hours of public worship, respectively, or at any time within a like distance of any hospital, asylum or like institution.

§ 107-18. Hours restricted on door-to-door sales and solicitations.

No person shall hawk, peddle or solicit for contributions or gifts by going from house to house before 9:00 a.m., or after 1/2 hour before sunset or 7:00 p.m., whichever is earlier.

Article V. Auctioneering

§ 107-19. Auctioneering license; license for auction premises required.

No person shall auctioneer or permit premises owned or occupied by such person to be utilized to conduct any auction without a license from the Board of Trustees.

§ 107-20. License fees.

There shall be a license fee for each auctioneer and auction premises per day and per year in an amount to be established, from time to time, by the Board of Trustees by resolution.

§ 107-21. License posting; transferability.

All auctioneering licenses and licenses for auction premises shall be posted conspicuously at the time and place where the auction is conducted. Such licenses shall not be transferable.

Article VI. Coin-Operated Amusement Devices

§ 107-22. License required.

A. No person shall make available or permit the use of a coin-operated amusement device, whether or not in a game room, without a license from the Board of Trustees; said license to be granted only on a written application, signed by the applicant and accompanied by a nonrefundable application fee in an amount to be established by the Board of Trustees by resolution; and if the Board shall deem the person so applying a proper person to conduct said device, the Board shall grant a license therefor.

B. Prior to granting a license, the Board of Trustees shall give consideration to the possible effect on the public health, safety and welfare, including but not limited to the availability of off-street parking; proposed hours and days of operation; proximity to residences, schools and public recreational areas; and other businesses, if any, also operated on the same premises.

C. All licenses shall be issued annually and shall expire on September 30 next succeeding the date of issuance thereof.

§ 107-23. License fee.

[Amended 3-8-2010 by L.L. No. 2-2010]

The annual fee for a license for each coin-operated amusement device located on the applicant's premises shall be established, from time to time, by the Board of Trustees by resolution.

§ 107-24. Licenses to be posted; transferability.

All licenses for coin-operated amusement devices shall be posted conspicuously at the place where such device or devices are located. Such licenses shall not be transferable.

Article VII. Christmas Tree Sales and Outdoor Flower Vendors

§ 107-25. License required.

No person shall engage in or carry on the business of outdoor sales of flowers or the business of selling Christmas trees and related articles without a license obtained from the Board of Trustees of the Village as provided in this article.

§ 107-26. Application for license.

Every applicant for a license for the outdoor sales of flowers or the storage or sale of Christmas trees and related articles shall submit his application, in writing, to the Village Clerk on forms to be furnished by him in accordance with the provisions of §§ 107-1 through 107-3, except that the term of the license shall be as set forth in § 107-30. The application shall further state and contain a provision that, in consideration of the granting of the license, the applicant therefor shall save and hold harmless the Village and its officials and employees from all damages caused by the negligence of the applicant. There shall further be endorsed on said application the written authorization of the owner of the premises where the applicant intends to do business, together with an acknowledgement of said authorization.

§ 107-27. Fee.

Every applicant shall pay a license fee. Said fee shall be established by the Board of Trustees by resolution.

§ 107-28. Deposit to guarantee rubbish removal.

A. A person applying for and obtaining a license hereunder shall deposit with the Village Clerk a sum to be established by resolution of the Board of Trustees to guarantee the removal of any trees, branches and accumulations of debris and rubbish left on the licensed premises or in the vicinity thereof.

B. In the event of the failure of the person licensed hereunder to remove any trees, branches or accumulations of debris and rubbish within 24 hours of the termination date set forth on his license, said trees, branches or accumulation of debris and rubbish shall be removed by the Village, and the costs thereof shall be deducted from the deposit.

C. Upon completion of the removal of all trees, branches and accumulations of debris and rubbish left on the premises licensed hereunder or in the vicinity, whether by the licensee or the Village, the deposit or the balance thereof, as the case may be, shall be returned to the licensee.

§ 107-29. Duties of licensee.

No such license shall be construed to relieve any licensee thereof of the duty to properly store and maintain his merchandise in order not to endanger property or interfere with the operation of the Fire Department or the egress of occupants of the premises in case of fire or to comply with any applicable provisions of this chapter.

§ 107-30. Duration of license.

A. Licenses to engage in the outdoor sales of flowers shall be effective for a specified period of not more than 48 hours.

B. Licenses to carry on the business of storage and sales of Christmas trees and related articles shall all terminate on December 27 of each year.

§ 107-31. Display of license.

All licenses provided for under this article shall be displayed at all times on the premises where such storage or sale is taking place.

Article VIII. Dry-Dock Storage Marinas

§ 107-32. License required.

No person shall load or unload boats from a boat storage rack to or from the navigable water between June 1 and September 30 of any year unless a license shall first have been secured therefor from the Board of Trustees in the manner provided in this article. If any boat or watercraft stored on a boat storage rack is removed from such rack more than once between June 1 and September 30, it shall be presumed that a dry-dock storage marina business is being conducted, for which a license must be obtained.

§ 107-33. Applicability.

This article shall apply to indoor and outdoor boat storage racks.

§ 107-34. Requirements for granting of license.

The following prerequisites shall be complied with before granting the license required by § 107-32:

A. A boat storage rack shall conform to the requirements of Chapter 183 of this Code and the further requirements of this article.

B. A boat slip or boat ramp must be provided on the subject premises of sufficient width and length to entirely contain within its boundaries any boat stored on or in any boat storage rack on the premises so that when any boat is launched it does not extend into a public waterway, canal, river, bay or the like.

[Amended 3-8-2010 by L.L. No. 2-2010]

C. There must be available sufficient, unoccupied water surface area within the boundary lines of the subject premises and not in a public waterway, canal, river, bay or the like to accommodate boats which have been launched or are waiting to be hauled in order to prevent congestion in and hindrance of navigation in the public waterways. "Sufficient water area" shall be construed to mean no less than 80 square feet of unoccupied water surface area for every 20 feet of length of boat storage rack on the premises, multiplied by the number of levels in said rack.

D. The location and orientation of the boat storage rack building shall be determined by the Board of Trustees unless it has previously been approved by the Planning Board or Zoning Board of Appeals. No boat storage rack or boat storage rack building shall be used for dry-dock storage marina purposes unless it is located at least 20 feet inside all property lines and 30 feet from all paved roadways and bulkheads.

E. No dry-dock storage marina shall be operated unless equipment owned or leased by the operator of such marina is available on site which is capable of removing all boats from the rack within a reasonable period of time in case of emergencies. All equipment shall contain engine-muffler systems which provide maximum available noise reduction.

F. Off-street parking facilities as required by Chapter 183 of this Code must be available on site.

G. Sanitary facilities for both men and women shall be provided on site in accordance with Suffolk County Health Department regulations. Said sanitary facilities must be connected to the public sewer system.

H. No dry-dock storage marina shall be operated on property which is adjacent to premises zoned or used for residential or other noncommercial and nonindustrial purposes unless a planted buffer zone has been established along the property line adjacent to such premises. Said planted buffer zone shall be at least 10 feet in depth and conform to the guidelines set forth in § 183-83.1 unless the buffer zone has previously been approved by the Planning Board.

I. The premises shall be in compliance with all other applicable laws of the Village of Amityville.

J. The payment of an annual licensing fee in a sum to be established and modified from time to time by the Board of Trustees by resolution.

§ 107-35. Applicability to existing businesses.

Any presently permitted business or use now in existence, covered in this article, which violates or does not conform to the requirements and provisions hereof shall be altered, removed, discontinued or replaced in conformity with the provisions hereof. Any application for a license by said existing business shall be so conditioned and shall so state, and the applicant shall agree, in writing, to comply with the provisions of this article prior to the issuance of said license.

§ 107-36. Duration of license.

The license granted under this article shall be valid for one year from January 1 and shall expire on the next succeeding December 31.

§ 107-37. Hours of operation.

No watercraft shall be placed on or taken off a boat storage rack used for dry-dock storage marina purposes prior to 8:00 a.m. or after 7:00 p.m. from June 1 through September 30.

Article IX. Landscaping and Spraying

§ 107-38. License required.

No person shall perform any landscaping functions in the Village without a license issued in accordance with this article. Landscaping functions, however, may be performed without a license by the owner or occupant of the property on which the work is performed.

§ 107-39. Activities regulated.

The landscaping functions regulated in this article shall include but are not limited to the cutting and maintenance of grass, the trimming, pruning and maintenance of shrubs, plants, trees or other foliage, the spraying of chemicals and the removal of trees and/or tree stumps. A person who engages in such landscaping functions in the Village shall hereinafter be referred to as a "landscaper."

§ 107-40. Work done without license prohibited; responsibility for license.

[Amended 3-8-2010 by L.L. No. 2-2010]

No person shall perform any landscaping functions within the Village without first obtaining a license from the Board of Trustees. All landscaping work by an unlicensed landscaper is prohibited. No property owner or occupant shall permit any unlicensed landscaper to perform any landscaping function on his or her property.

§ 107-41. Application procedure; insurance required.

Any person desiring a landscaping license in accordance with this article shall make application to the Board of Trustees. Such application shall include proof of comprehensive liability and property insurance and such other information as required by said Board.

§ 107-42. Fees.

[Amended 1-24-2011 by L.L. No. 1-2011]

Each applicant shall pay a license fee established by the Board of Trustees by resolution.

§ 107-43. Expiration of license; renewal.

[Amended 3-8-2010 by L.L. No. 2-2010]

All licenses issued pursuant to this article shall expire on December 31 in the year in which they have been issued. Licenses may be renewed by payment of the license fee by February 1 of the following year. If such renewal fee is not paid by said date, a new application will be required together with payment of the nonrefundable application fee. If such application is approved, a license fee shall also be paid as set forth in § 107-42 of this chapter.

§ 107-44. Conspicuous posting of Village decal.

A. Each applicant shall fix to and display on the left front fender of each vehicle and on the left rear fender of any trailer regularly used in the course of its business an identification decal issued by the Village Clerk.

B. Every vehicle and/or trailer used by the licensee must display identification decals.

C. Additional identification decals for vehicles and/or trailers registered to the licensee and used for the purposes as described under this chapter may be obtained from the Village Clerk for a fee in an amount to be established by of the Board of Trustees by resolution.

§ 107-45. Regulations.

The following rules and regulations shall apply:

A. No person shall engage in the application of pesticides and insecticides unless that person has in his possession a certificate, duly issued to him by the New York State Department of Environmental Conservation authorizing him to engage in such activity.

B. Landscaping work may be performed by landscapers only during the hours of 8:00 a.m. through 7:30 p.m., Monday through Saturday, and 11:00 a.m. through 5:00 p.m. on Sundays.

C. No landscaper shall scatter, nor in using any mechanical or electrical blower, cause to be scattered, any garbage, refuse, cuttings, leaves or other waste materials on any public street, road or public property or on the private property of someone other than the one for whom the work is being performed without removing and/or cleaning the same immediately; nor shall any of such material be allowed to enter any storm drains, canals, rivers or other waterways.

D. No one shall spill or dump oil, gasoline or other petroleum products or any pesticides on a public street, road or highway or right-of-way, on the ground or on the private property of another person. No equipment shall be filled or refilled except over a drop cloth or other device designed to catch and retain any accidental spillage.

E. All vehicles and trailers are to be properly parked at a minimum of 30 feet from the corner of any intersection. Hazard warning cones are to be placed at the front and rear of any landscaping vehicles and/or trailers that are parked in or alongside the roadway.

§ 107-46. Penalties for offenses.

[Amended 3-8-2010 by L.L. No. 2-2010]

Violation of any provision of this article or any of the stipulations on any license issued hereunder shall be punishable by a mandatory minimum fine of not less than $100 for each such violation.

§ 107-47. Revocation and suspension of license.

In addition to the penalties set forth in § 107-46 of this article, the Board of Trustees may revoke or suspend any license issued pursuant to this article for good cause shown after notice to the licensee and a public hearing.

§ 107-48. License to be in possession of person performing work.

The license issued pursuant to this article or a photocopy signed by the licensee shall be at all times in the actual possession of the person performing the work at the site.

Article X. Outdoor Public Telephones

§ 107-49. License required.

No person shall place, or suffer or allow another person to place on his property, a telephone outside of a building for use by the general public, upon payment of a fee or otherwise, without a license issued by the Village Clerk upon the approval of the Board of Trustees in accordance with Article I of this chapter. In no event shall a license be issued for an outdoor public telephone which is capable of receiving incoming telephone calls. The license fee shall be established by resolution of the Board of Trustees and may be so modified from time to time.

Chapter 114. NOISE

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 42-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 39.
Block parties — See Ch. 46.
Nuisances — See Ch. 116.

§ 114-1. Definitions and word usage.

A. All terminology defined herein is in conformance with the terminology of the American National Standards Institute (ANSI) or its successor body.

B. As used in this chapter, the following terms shall have the meanings indicated:

ACTIVITY
Any act or combination of acts which causes the production of sound.
AIR-CONDITIONING AND AIR-HANDLING DEVICE
Any device that is designed to be used or is actually used to cool, move or condition air, including but not limited to air conditioners, cooling towers, fans and blowers.
AMBIENT NOISE
The all-encompassing background noise level associated with a given environment, being usually a composite of sounds from many sources.
AUDIBLE
A sound level which exceeds the background sound level by at least five dB(A).
AUTHORIZED EMERGENCY VEHICLE
Every ambulance, law enforcement vehicle, fire control vehicle and civil defense emergency vehicle.
A-WEIGHTED SOUND LEVEL [dB(A)]
The sound pressure level in decibels as measured on a sound-level meter using the A-weighted network slow response. The level so read is designated dB(A).
BUILDING APERTURE
Any designated opening in a building to which a person may reasonably have access, including but not limited to any door, gate, window, skylight or hatch.
BUSINESS AREAS
Those areas zoned as such by the Village Code.
CONSTRUCTION
Any activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, premises, parks, utility lanes or other property, including but not limited to related activities such as land clearing, grading, earthmoving, excavating, blasting, filling and landscaping, but not including agriculture.
CONTAINER
Any receptacle, regardless of contents, manufactured from wood, metal, plastic, paper or any material whatsoever, including but not limited to any barrel, basket, bale, box, crate, tub, bottle, can or refuse container.
CONTINUOUS SOUND
Any sound that is not an impulsive sound.
DECIBEL (DB)
A unit for measuring the pressure level of a sound. For the purposes of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. The sound pressure level measured in decibels is equal to 20 times the logarithm to the base 10 of the ratio of the effective pressures of the sound measured to the reference pressure, such reference pressure being 20 micropascals (20 micronewtons per square meter).
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
GROSS VEHICLE WEIGHT RATING (GV)
The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, should be used.
IMPULSIVE SOUND
A sound characterized by brief excursions of peak sound pressure which significantly exceed the ambient sound.
INDUSTRIAL AREAS
Those areas zoned as such by the Village Code.
L10
The A-weighted sound level, measured with slow response, that is exceeded 10% of the time in a one-hour interval or equivalent thereof.
L90
The A-weighted sound level, measured with slow response, that is exceeded 90% of the time in a one-hour interval or equivalent thereof.
MOTORBOAT
Any vessel which operates on the water and which is propelled by a motor, including but not limited to boats, barges, amphibious craft, water-ski towing devices, hovercraft and personal watercraft.
NOISE-SENSITIVE ZONE
Any area designed pursuant to § 114-2 of this chapter for the purpose of ensuring exceptional quiet.
OFF-ROAD RECREATIONAL VEHICLE
Any vehicle which is propelled by any power other than muscular power that is designed for or capable of cross-country travel, such as a go-cart, motorcycle, trail bike or minibike, commercial or noncommercial racing vehicle and dune buggy.
OWNER
Any person who has regular control of a device or site, including but not limited to the owner of the realty, tenant or an authorized agent of such person.
PEAK SOUND PRESSURE LEVEL
The maximum absolute value of the instantaneous sound pressure level during a specified time interval.
PERSON
Any individual, partnership, company, public or private corporation, association, firm, organization, political subdivision, governmental agency, administration or department, municipality, trust, estate, group of individuals or any other legal entity whatsoever.
RESIDENTIAL AREAS
Those areas zoned as such by the Village Code.
SOUND
Any variation in ambient barometric pressure.
SOUND-LEVEL METER
An instrument, including a microphone, an amplifier, an output meter and frequency-weighting networks, for the measure of sound levels.
SOUND PRESSURE LEVEL
The weighted sound pressure level in decibels obtained by the use of a sound-level meter and frequency-weighting network, such as A, B or C. If the frequency weighting employed is not indicated, the A-weighting slow response shall apply.
SOUND-REPRODUCTION DEVICE
Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public address system or any other sound-amplifying device.
SOUND SIGNAL DEVICE
Any device that is designed to be used or is actually used to produce a sound signal, but not spoken language, including but not limited to any horn, whistle, bell, gong, siren, rattle, clapper, hammer, drum or air horn.
SOUND SOURCE
Any activity or device whatsoever that produces sound.
SOUND SOURCE SITE
A parcel of land, or a tract of land consisting of two or more parcels, which includes all contiguous land and water areas under the ownership or control of a person in or upon which one or more sound sources are located. The sound source site includes all individual sound sources that are located on such site, whether stationary, movable or mobile. A sound source site is created by the installation of one or more sound sources thereon.
UNREASONABLE NOISE
Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business. Standards to be considered in determining whether "unreasonable noise" exists in a given situation include, but are not limited to, the following:

(1) The volume of the noise.

(2) The intensity of the noise.

(3) Whether the nature of the noise is usual or unusual.

(4) Whether the origin of the noise is natural or man-made.

(5) The volume and intensity of the background noise, if any.

(6) The proximity of the noise to residential sleeping facilities.

(7) The nature and the zoning district of the areas within which the noise emanates.

(8) The time of the day or night the noise occurs.

(9) The time duration of the noise.

(10) Whether the sound source is temporary.

(11) Whether the noise is continuous or impulsive.

§ 114-2. Noise-sensitive zones.

The Board of Trustees may, by resolution, designate noise-sensitive zones which will contain noise-sensitive activities. Existing quiet zones shall be considered noise-sensitive zones until otherwise designated. Noise-sensitive activities include, but are not limited to, operations of schools, public libraries, churches, hospitals and nursing homes.

§ 114-3. Unreasonable noise.

No person shall make, continue or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise which either annoys, disturbs, injures or endangers or tends to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of other persons or the public. Noncommercial public speaking activities conducted at any public space or public right-of-way shall comply with the Code of the Village of Amityville.

§ 114-4. Specific regulations.

A. Commercial, business and industrial operations.

(1) No person shall operate or permit to be operated on a sound source site a commercial business or industrial operation that produces a sound level exceeding the limitations as provided in this subsection.

(2) Sound which has entered residential or noise-sensitive zones.

(a) Continuous sound in air which has crossed the property line of such sound source site and enters property zoned for residential use or property within a noise-sensitive zone shall not exceed either of the following levels:

[1] During the hours of 7:00 a.m. to 7:00 p.m.: a sound level in excess of 65 dB(A) measured with the slow response of a sound-level meter; or L10 in excess of 60 dB(A).

[2] During the hours of 7:00 p.m. to 7:00 a.m. the following day: a sound level in excess of 55 dB(A) measured with the slow response of a sound-level meter; or an L10 in excess of 50 dB(A).

(b) The sound levels contained herein shall also apply to noise-sensitive zones when such are in use.

(3) Continuous sound in air which has crossed the property line of a sound source site and enters property which is zoned for business or property where the public in general congregates, excepting property zoned for industrial use, shall not exceed either of the following levels: a sound level in excess of 65 dB(A) measured with the slow response of a sound-level meter; or an L10 in excess of 60 dB(A).

(4) The sound levels specified in Subsection A(2) and (3) shall be decreased by five decibels if the sound contains impulsive tone characteristics.

(5) Exposure to sound that has crossed the property line of a sound source site and enters property zoned for industrial use shall not exceed any of the following levels:

(a) Continuous sound in air.

[Amended 1-24-2011 by L.L. No. 1-2011]

Duration Per Day

(in hours)

Sound Level 80 dB(A) Slow Response

16

82

8

85

4

88

2

91

1

94

1/2

97

1/4

100

(b) Impulsive sound in air which has a peak pressure level in excess of 130 decibels.

B. Construction. No person shall operate or permit to be operated any tools or equipment used in construction, drilling or demolition work:

(1) Between the hours of 8:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on Sundays or legal holidays such that the sound therefrom creates unreasonable noise across a residential real property boundary line or within a noise-sensitive zone.

(2) At any other times such that the continuous sound in air level at or across a real property boundary exceeds an L10 of 80 dB(A).

(3) At any other time such that the impulsive sound in air has a peak sound pressure level at or across a real property boundary in excess of 130 dB(A).

(4) The provisions of this subsection shall not apply to emergency work or work conducted under a special permit issued pursuant to § 114-8 of this chapter.

C. Emergency warning devices. No person shall operate or cause to be operated any emergency warning device except:

(1) To give notice as a warning of an emergency.

(2) On an authorized emergency vehicle when such vehicle is engaged in emergency operations.

(3) When such an emergency device is being operated under test conditions.

D. Loading and unloading. No person shall engage in, cause or permit the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of 8:00 p.m. and 6:00 a.m. the following day in such a manner as to cause unreasonable noise across a residential real property boundary.

E. Modification of noise-control devices. No person shall operate or cause the sound emitted from such device to be greater than that emitted by such device as originally manufactured.

F. Motor vehicle maximum sound levels.

(1) No person shall operate or cause to be operated on a public highway any motorcycle at any time, under any condition of grade, load, acceleration or deceleration in such a manner as to exceed a sound level of 86 dB(A) measured at or adjusted to a distance of 50 feet or 15 meters from the center of the lane in which the motorcycle is traveling.

(2) Off-road recreational vehicles.

(a) No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any equipment attached to such a vehicle, for a period longer than 30 minutes in any hour while the vehicle is stationary for reasons other than traffic congestion on a public right-of-way or public space so that the sound therefrom is audible across a residential real property boundary or designated noise-sensitive zone between the hours of 8:00 p.m. and 7:00 a.m. of the following day.

(b) This subsection shall not apply to authorized emergency vehicles or to public utility vehicles actually engaged in any emergency repair activity.

G. Motorboats.

(1) No person shall operate or permit to be operated any engine-powered motorboat in any lake, river, stream or tidal waterway at any time, at any speed or under any condition of load, acceleration or deceleration or in any manner whatsoever, so as to exceed a sound level of 84 dB(A) at the nearest shoreline or at 50 feet or 15 meters, whichever distance is less.

(2) This provision shall not apply to races or regattas conducted under United States Coast Guard permit.

H. Noise-sensitive zone. No person shall cause or permit the creation of any sound by means of any device or otherwise on any sidewalk, street or public place adjacent to any school, court, house of worship or public library while such facility is in use, or adjacent to any hospital or nursing home at any time, so that such sound disrupts the normal activities conducted at such facilities or disturbs or annoys persons making use of such facilities. The provisions of this subsection shall only apply if there are conspicuous signs displayed indicating the presence of such facilities.

I. Places of public entertainment. No person shall operate or permit to be operated a place of public entertainment, including but not limited to a restaurant, bar, cafe, discotheque or dance hall, in which the playing of any sound-reproduction device or similar device creates a sound level in excess of 95 dB(A) sustained for more than 30 seconds at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place near each public entrance stating, "Sound Levels Within May Cause Permanent Learning Impairment."

J. Sound-reproduction devices.

(1) No person shall operate or cause to be operated a sound-reproduction device that produces unreasonable or unnecessary noise. The operation of any such device in such a manner as to create unnecessary or unreasonable noise across a real property boundary or the operation of such device by a passenger on a common carrier in such a way as to disturb any other person on a common carrier is prohibited.

(2) No person shall operate or cause to be operated or used any sound-reproduction device for commercial or business advertising purposes or for the purpose of attracting attention to any performance, show or sale or display of merchandise in connection with any commercial operation, including but not limited to the sale of radios, televisions, phonographs, tape recorders, phonograph records or tapes, in front or outside of any building, place or premises, or in or through any aperture of such building, place or premises, abutting on or adjacent to a public street, park or place, or in or upon any vehicle operated, standing or being in or on any public street, park or place, or from any stand, platform or other structure, or from any airplane or other device used for flying over the Village of Amityville or on a boat or the waters within the jurisdiction of the Village of Amityville, or anywhere on public streets, parks or places. Nothing in this subsection is intended to prohibit sounds emanating from sporting, entertainment or other public events where such devices are used.

(3) No person shall operate or use or cause to be operated or used any sound-reproduction device in any public place in such a manner that the sound emanating therefrom creates unnecessary or unreasonable noise across a real property boundary.

K. Sound signal devices. No person shall cause or permit to be caused the sounding of any sound-signaling device on or in any motor vehicle or stationary sound source except:

(1) To serve as a danger or emergency warning.

(2) Places of religious worship or similar activities.

L. Street sales.

(1) No person shall shout, yell, call, hoot, whistle or sing on public streets or in public places so as to cause unnecessary or unreasonable noise.

(2) No person shall call for the purpose of advertising goods, services, wares or merchandise within any area zoned for residential use so as to cause unnecessary or unreasonable noise. The provisions of this subsection shall not apply to the sale of merchandise, food and beverages at authorized entertainment events such as parades, fairs and sporting events.

M. Vehicle or motorboat repairs and testing. No person shall cause or permit the repairing, rebuilding, modifying or testing of any motor vehicle, motorcycle or motorboat in such a manner as to cause unreasonable noise across a residential real property boundary.

§ 114-5. Correction of excessive sound levels.

A. The Village shall have the right to order an immediate halt to any sound which exposes any person, except those excluded by Subsection B below, to continuous sound levels in excess of those shown in Table I below or to impulsive sound levels in excess of those shown in Table II below. Within three days following issuance of such an order, the Village shall apply to the appropriate court for an injunction to replace such administrative order.

B. No order pursuant to Subsection A shall be issued if the only persons exposed to sound levels in excess of those listed in Tables I and II below are exposed as a result of:

(1) Trespass.

(2) Invitation upon private property by the person causing or permitting the sound.

(3) Employment by the person or a contractor of the person causing or permitting the sound.

C. Tables.

(1) Table I.

Continuous Sound Levels Which Pose an Immediate Threat to Health and Welfare

[measured at 50 feet (15 meters)]

Sound Level Limit

[dB(A)]

Duration

90

24 hours

93

12 hours

96

6 hours

99

3 hours

102

1 to 2 hours

105

45 minutes

108

22 minutes

(2) Table II.

Impulsive Sound Levels Which Pose an Immediate Threat to Health and Welfare

[Measured at 50 feet (15 meters)]

Sound Level Limit

[dB(A)]

Number of Repetitions

(per twenty-four-hour period)

145

1

135

10

125

100

§ 114-6. Penalty for violation of sound-level correction order.

Any person who violates an order issued pursuant to § 114-5 shall for each day of violation be fined not more than $500.

§ 114-7. Exceptions to provisions.

The provisions of this chapter shall not apply to the following:

A. Sporting, amusement and entertainment events during practice, rehearsal and performance. This exception does not apply to sounds created by the sound-reproduction devices of commercial operations, including but not limited to music and loudspeakers.

B. Sounds created by the means of propulsion of railroad trains only when such railroad train is either in motion or idling for less than 30 minutes during loading.

C. Emergency work and safety and protective devices used to alert persons of an emergency.

§ 114-8. Special permits.

A. Any person seeking a special permit pursuant to this section shall file an application with the Village Clerk. The application shall contain information which demonstrates that bringing the source of sound or activity for which such permit is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. Such information shall further include, but not be limited to, the following:

(1) The plans, specifications and other information pertinent to such sources.

(2) The characteristics of the sound emitted by the source, including but not limited to the sound levels, the presence of impulsive sounds and the hours during which such sound is generated.

(3) The noise abatement and control methods used to restrict the emission of sound.

B. Any person who claims to be adversely affected by allowance of such permit may file a statement containing any information to support his claim.

C. In determining whether to grant or deny the application, the Board of Trustees shall consider the hardship to the applicant, the effect on the community and other persons of not granting such permit against the adverse impact on the health, safety and welfare of persons affected, adverse impact on property affected and any other adverse impacts of granting such permit.

D. If said permit is granted, it may contain restrictions and conditions, including a time limit on the permitted activity.

§ 114-9. Penalties for offenses.

Any person who violates any provision of this chapter shall be subject to a fine of not less than $250 nor more than $350 for each offense. Each day (twenty-four-hour-period) of violations of any provision of this chapter shall constitute a separate offense.

§ 114-10. Orders for abatement.

The Village shall also have the right to issue an order requiring abatement of any source of sound or vibration alleged to be in violation of § 114-4A, B or F of this chapter within 30 days of the issuance of such order.

§ 114-11. Issuance of summons.

Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 114-10, violation of any provision of this chapter shall be cause for a summons to be issued.

Chapter 116. NUISANCES

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Alarm systems — See Ch. 36.
Animals — See Ch. 39.
Noise — See Ch. 114.

Article I. Lighting

[Adopted 12-14-2009 by L.L. No. 43-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 116-1. Operation as nuisance prohibited.

No light or lights shall be so operated as to be a nuisance.

§ 116-2. Floodlights and spotlights.

No spot- or floodlight or lights shall shine directly on or at neighboring property or a public highway, thereby constituting a nuisance. It shall be within the discretion of the Code Enforcement Officer or Police Officer to determine if lights create a nuisance within the meaning of this section.

§ 116-3. Hours of operation of exterior lighting in residential districts.

All exterior lighting on premises used for residential purposes, whether it be floodlighting or otherwise, shall be shut off not later than 11:00 p.m., prevailing time, at the request of an occupant of abutting premises or upon the direction of the Code Enforcement Officer or a Police Officer in the residential zoning districts of the Village.

§ 116-4. Illumination.

The illumination of all exterior lighting shall be steady in nature, not flashing, moving or changing in brilliance, color or intensity, provided that such restriction shall not apply to temporary decorative lighting placed on premises used for residential purposes during Christmas or other recognized holiday seasons.

§ 116-5. Strings of lights.

A string or strings of lights which are visible from the exterior of the premises are prohibited, provided that such restriction shall not apply to temporary decorative lighting placed on premises used for residential purposes during Christmas or other recognized holiday seasons.

§ 116-6. Applicability to existing lights.

Any prohibited light, lights or lighting now in existence, in connection with a permitted use or granted variance or in connection with a valid nonconforming use, which violates or does not conform to the provisions hereof shall be altered, removed or replaced in conformity with the provisions hereof.

Article II. Properties Used for Sale or Consumption of Controlled Substances

[Adopted 12-14-2009 by L.L. No. 43-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 116-7. Definitions.

As used in this article, the following terms shall have the meanings indicated:
PROHIBITED CONDUCT
Any conduct or occurrence that is in violation of the following chapters or sections of the New York Penal Law:

A. Article 220, Controlled Substances Offenses.

B. Article 221, Offenses Involving Marijuana.

C. Article 230, Prostitution Offenses.

PUBLIC NUISANCE
Any building, residence, premises, structure or place where an owner or person in charge thereof has been given written notice that an arrest for prohibited conduct as defined herein has taken place at said location and within one year of that first arrest there is an additional arrest at that location for prohibited conduct as defined herein of which the owner or person in charge thereof is again notified in writing.

§ 116-8. Notice.

A. Notice that an arrest or arrests for prohibited conduct have occurred at a location shall be served by personal service upon the owner or person in charge of the affected building or structure or, if no such person can be reasonably found, by mailing said owner such notice by means of certified mail, to the last known address as shown by the records of the Village Assessor and by securely affixing a copy of such notice upon the door of the affected building or structure. A copy of the notice shall also be mailed by certified mail to any mortgagee of record of the property to such address on file with the Collector of Taxes or, if no such address exists, to the address indicated on the recorded mortgage.

[Amended 3-8-2010 by L.L. No. 2-2010]

B. The notice must contain a statement of the date or dates upon which prohibited conduct allegedly took place on the property, the nature of the prohibited conduct, a copy of this article and a warning that if a second arrest is made for prohibited conduct as defined in § 116-7 of this article within one year of the first arrest, the Village will seek action pursuant to § 116-10 of this article.

§ 116-9. Public hearing; police report.

A. Upon a second arrest for prohibited conduct within one year at a premises, and in conjunction with the receipt of a second notice of such arrest as provided in § 116-8 herein, the property owner shall be notified of a public hearing to be held by the Board of Trustees to determine whether such premises shall be declared a public nuisance.

B. Prior to such hearing, the Chief of Police shall issue a report in writing to the Board of Trustees which shall include but not be limited to:

(1) Dates, times and general nature of the arrests and offenses which occurred at the property.

(2) Copies of the first and second notices sent to the property owner as defined in this article.

(3) Any relevant information as to the history of this property pertaining to the sale and/or consumption of narcotics, etc.

§ 116-10. Action by Board of Trustees.

A. The Board of Trustees, at said public hearing, shall consider such report of prohibited conduct as well as any other information it deems relevant in determining if the location is to be deemed a public nuisance as defined in § 116-7 of this article.

B. If the Board of Trustees declares said premises a public nuisance, it may immediately authorize the Superintendent of Public Works to board up and otherwise secure said premises and assess such costs as a special assessment to the property owner and further authorize the Village Attorney to bring and maintain a civil action or special proceeding in the name of the Village in a court of competent jurisdiction for equitable and legal relief including but not limited to a temporary restraining order, a preliminary injunction, a permanent injunction and other equitable remedies as well as civil penalties (fines), including the recovery of the costs of the action, litigation expenses, board-up, site cleanup and reasonable attorneys' fees.

§ 116-11. Penalties for offenses.

A. It shall be unlawful for anyone to own or lease any building, residence, premises, structure or place which is being used as a crack house and/or public nuisance as defined in this article.

B. Any violation of this section is punishable by a fine of not more than $1,000 for each offense and/or up to 30 days' imprisonment.

§ 116-12. Severability.

A. The provisions of this article are severable. If any clause, sentence, paragraph, section, word or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, word or part thereof directly involved in the controversy in which such judgment shall have been rendered. The invalidity of any word, clause, sentence, paragraph, section or part of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts.

B. If any portion of this article is found to be in conflict with any other provision of any other local law or ordinance of the Code of the Village of Amityville, the provision which establishes the higher standard shall prevail.

Chapter 120. PARADES

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 44-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Carnivals and circuses — See Ch. 55.
Places of public assembly — See Ch. 132.
Streets, sidewalks and driveways — See Ch. 152.

§ 120-1. Permit required.

No person shall parade upon the streets or highways unless a permit for such parade shall have been obtained from the Board of Trustees.

Chapter 127. PLUMBING

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 46-2009. Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 49.
Building occupancy — See Ch. 50.
Property maintenance — See Ch. 130.
Sewers — See Ch. 142.

§ 127-1. Permit required.

[Amended 1-24-2011 by L.L. No. 1-2011]

No person shall commence the installation or alteration of any plumbing fixtures except in accordance with the Uniform Fire Prevention and Building Code, and without first obtaining a plumbing permit from the Code Enforcement Officer.

§ 127-2. Application.

An application for a plumbing permit shall be made on forms provided by the Code Enforcement Officer and shall contain all pertinent information concerning the nature and extent of such work.

§ 127-3. Exceptions.

Repair or replacement of existing plumbing fixtures shall not require a permit.

§ 127-4. Permit fees.

There shall be a fee for a plumbing permit in an amount to be established by the Board of Trustees from time to time by resolution.

Chapter 130. PROPERTY MAINTENANCE

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 49.
Building occupancy — See Ch. 50.
Unsafe buildings — See Ch. 51.
Fire prevention — See Ch. 81.
Flood damage prevention — See Ch. 88.
Garbage, rubbish and refuse — See Ch. 97.
Plumbing — See Ch. 127.
Sewers — See Ch. 142.

Article I. Maintenance of Commercial Property

[Adopted 12-14-2009 by L.L. No. 47-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 130-1. Maintenance in accordance with state code.

The police and the Code Enforcement Officer shall enforce the maintenance of commercial property as required under the New York State Property Maintenance Code.

§ 130-2. Notice of violation; failure to correct; assessment of costs; penalties.

A. The Code Enforcement Officer shall issue a notice of violation of any of the provisions of this article to the property owner.

B. Such notice of violation shall be in writing and shall be served in accordance with § 308 of the Civil Practice Law and Rules, or mailed by certified mail, to the last known address of the property owner.

[Amended 3-8-2010 by L.L. No. 2-2010]

C. In the event that the property owner fails to correct such violation within 15 days of the service of such notice, the Village shall cause the necessary maintenance to be performed and shall assess all costs and expenses incurred against such property. Such assessment shall be collected in the same manner that taxes are collected as provided by law.

D. The remedy of the Village set forth in Subsection C, immediately above, shall be in addition to the penalties provided in § 1-9.

Article II. Removal of Graffiti

[Adopted 12-14-2009 by L.L. No. 47-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 130-3. Notice of violation to remove graffiti; failure to remove; assessment of costs; penalties; definitions.

A. No owner or occupant of public or private property within the Village shall place graffiti, or suffer or allow same to remain on such property. Said owner or occupant shall remove such graffiti within seven days from the receipt of a written notice of violation from the Village to remove same. Said notice shall be served in accordance with § 308 of the Civil Practice Law and Rules or by certified mail, to the last known address of such property owner or occupant.

[Amended 3-8-2010 by L.L. No. 2-2010]

B. If the owner or occupant of privately owned property shall fail to remove such graffiti within said period, the Village shall cause the removal of said graffiti and shall assess all costs and expenses reasonably incurred in connection therewith against such property. Said assessment shall be a lien against such premises and shall be collected in the same manner that taxes are collected as provided by law.

C. If the owner or occupant of publicly owned property fails to remove said graffiti within such period, the Village shall cause the removal of such graffiti and the cost thereof shall be a charge against the general fund of the Village.

D. The right of the Village to remove graffiti shall be in addition to the penalties provided in § 1-9 of this Code, and the failure to remove such graffiti after receipt of a notice of violation therefor shall subject the violator to the penalties provided therein.

E. For purposes of this section, "graffiti" shall be defined as provided in the Penal Law of the State of New York; "public property" shall mean real property owned by the state, county, town, school district, Village or any other municipal or public benefit corporation; and "private property" shall mean property owned by anyone else.

Chapter 132. PUBLIC ASSEMBLY, PLACES OF

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 48-2009. Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Block parties — See Ch. 46.

§ 132-1. Declaration of policy.

It is hereby declared the policy of the Village that in order to preserve public peace and good order and to safeguard health, safety, welfare and morals, it is necessary to regulate and control the operations and conduct of places of assembly, conducted as cabarets, bars, dance halls and theaters so as to fix certain responsibilities and duties of persons owning, operating or controlling such establishments.

§ 132-2. Definitions.

For the purpose of this chapter, the following words and phrases shall have the following definitions:
BAR
Any place of assembly in which the business of directly or indirectly selling or serving drink to the public is conducted, and which does not provide any form of entertainment, including music, whether live or mechanical, singing, dancing or any type of game of amusement.
CABARET
Any place of assembly in which the business of directly or indirectly selling or serving food or drink to the public is conducted and provides any form of entertainment, including music, whether live or mechanical, singing, dancing or any type of game of amusement.
DANCE HALL
Any place of assembly in which dancing is carried on and to which the public may gain admittance either with or without the payment of a fee.
PLACE OF ASSEMBLY
Any room, place or space, whether indoors or outdoors, which is occupied or arranged to be occupied for public recreational amusement, sports or similar purposes.
THEATER
Any place of assembly in which dramatic presentations or stage entertainment, live or on film or tape, are conducted or in which motion pictures are shown to the public.

§ 132-3. Powers and duties of Board of Trustees.

The Board of Trustees, in accordance with this chapter, shall have the following functions, powers and duties in addition to those provided in any other law, rule or regulation:

A. To issue or refuse to issue any license or permit provided by this chapter.

B. To revoke, cancel or suspend for cause any license or permit issued under this chapter.

C. To inspect or provide for the inspection of any place of assembly at any reasonable time.

D. To prescribe forms of application for licenses or permits under this chapter and of all reports which it deems necessary to be made by any licensee, permittee or applicant.

E. To hold hearings, subpoena witnesses, compel their attendance, administer oaths, to examine any person under oath and, in connection therewith, to require the production of any books or papers relative to the inquiry, and to otherwise fully enforce this chapter.

F. To adopt such reasonable rules and regulations as it may deem necessary for:

(1) The proper control, operation and supervision of places of assembly.

(2) The manner, procedure and notice of hearings before the Board of Trustees.

§ 132-4. Issuance of license; information required.

A. It shall be unlawful for any person to conduct, maintain or operate, or engage in the business of conducting, maintaining or operating, a cabaret, dance hall or theater within the Village, unless the premises wherein the same is conducted, maintained or operated is licensed in the manner prescribed herein.

B. A license shall be issued for a place of assembly operated as a cabaret, dance hall or theater only after the Board of Trustees:

(1) Shall have caused an inspection to be made of the premises to be licensed and is satisfied that such premises comply with all the local laws of the Village and any applicable laws, rules and regulations of any other governmental authority, including but not limited to the New York State Uniform Fire Prevention and Building Code, and off-street parking requirements for places of assembly.

[Amended 1-24-2011 by L.L. No. 1-2011]

(2) Is satisfied that the applicant is a fit and proper person.

C. In addition to such other information as the Board of Trustees may determine shall be furnished in any application for a place of assembly operating as a cabaret, dance hall or theater, the following information shall be given:

(1) The name, age and residence address of each applicant, and, if there is more than one and they are partners, the partnership name and the age and residence address of each partner.

(2) If such applicant is a corporation, the name of the corporation, the names and residence addresses of its directors or other governing body, the names and residence addresses of its officers and, except in the discretion of the Board of Trustees, the stockholders and the state under the laws of which it is organized.

(3) The premises to be licensed, stating the street and number, if the premises have a street and number; otherwise, such description as will reasonably indicate the locality thereof.

(4) The name and address of the owner of the building or premises wherein or whereon the licensed premises are located.

(5) Whether the applicant is a lessee and, if so, the name and residence address of the lessor.

(6) If the applicant does not reside in the Village, the name and address of an agent who shall be a natural person and shall reside or have a place of business in the Village and who shall be authorized to and shall agree by verified statement to accept notices or summonses issued by the Code Enforcement Officer or the police with respect to a violation of any local law or rule or regulation thereunder.

(7) The name and residence address of each person interested or to become interested in the business to be covered by the license for which the application is made, together with the nature of such interests.

(8) The nature of the applicant's interest in the business to be covered by the license for which application is made, and the name of any other person, either as principal or associate, interested in the licensed premises or in the business to be covered by the license applied for.

(9) Whether the person applying for a license has been convicted of any crime, misdemeanor or violation of any local law or municipal ordinance and, if the person has been convicted, the nature of the crime or violation, the court where convicted and the date of the penalty assessed or sentence imposed.

(10) Fingerprints of the applicant, and in the case of a corporation or LLC, the shareholders or members thereof, taken as provided in § 7-3 of the Code, unless the applicant has a valid SLA license for said premises.

(11) A floor plan of the premises drawn to scale showing the location of the storage of alcoholic beverages and any other flammable products.

D. If there is any change, after the granting of a license, in any of the facts required to be set forth in such application, a supplemental statement giving notice of such change, duly verified, shall be filed with the Board of Trustees within 10 days after such change. Failure to do so shall be cause for suspension or revocation of the license. In giving any notice, or taking any action in reference to a licensee of licensed premises, the Board of Trustees or the Code Enforcement Officer may rely upon the information furnished in such application and in any supplemental statement connected therewith, and such information may be presumed to be correct and shall be binding upon a licensee or licensed premises as if correct. This supplemental statement may be waived by the Board of Trustees in its discretion for any corporation with regard to stockholders holding less than 10% of the issued stock.

§ 132-5. Term of licenses; renewals.

The term of licenses shall be for a period of one year, commencing on February 1 and terminating at the end of the following January, except that an original license shall be effective from the date on which the license is granted to the end of the month of January following. Renewal applications shall be submitted to the Board of Trustees at least 30 days prior to expiration of the license. Renewals of licenses shall be effective for the one-year term above described.

§ 132-6. Fees.

Fees for such cabaret, dance hall or theater licenses issued under this chapter shall be payable annually and shall be based on the number of persons such place is designed to lawfully accommodate. The table of annual fees for cabaret, dance hall or theater licenses shall be based on the capacity in persons and shall be established by the Board of Trustees by resolution.

§ 132-7. Waiver of fees.

The Board of Trustees may waive the payment of any fees established by this chapter in favor of any applicant whose activities are deemed to be benevolent by the Board of Trustees.

§ 132-8. Retention of fee upon denial.

The total fee shall be paid upon submission of the application for a license. In the event that a license is denied, an administration fee of $50 plus the actual cost of legal publication shall be retained for the processing of such application, and the remainder of the fee submitted shall be returned to the applicant. No fee or part thereof shall be returnable if a license is suspended or revoked.

§ 132-9. Denial of license.

If the Board of Trustees shall disapprove an application for license under this chapter, the Board of Trustees shall cause to be endorsed upon such application its disapproval thereof and shall attach thereto a statement of its reasons therefor. The Village Clerk thereafter shall notify the applicant of such action by regular mail.

§ 132-10. Suspension or revocation of license.

The Board of Trustees, after a hearing, upon notice, at which the licensee shall be given an opportunity to be heard, may suspend or revoke any license issued, in its discretion, for any of the following causes:

A. Material misrepresentation in the application for license by a person licensed hereunder.

B. Suffering or permitting, by a person licensed hereunder, any waitress, barmaid or other person who comes in contact with, or who is likely to come in contact with, the patrons of the licensed establishment to appear in the presence of such patrons with breasts or the lower part of the torso uncovered, or so thinly covered or draped as to appear uncovered, or suffering or permitting any person to appear in any scene, sketch, act or entertainment with breasts or the lower part of the torso uncovered, or so thinly covered or draped as to appear uncovered.

C. Violation of any provision of this chapter.

D. Violation of any law, ordinance, rule or regulation applicable to the licensed premises or enforceable by any governmental authority.

E. Conviction of any crime.

F. Failure to provide for the health, safety or welfare of any persons frequenting the licensed premises.

G. Any series of occurrences which cumulatively has the effect of disturbing the tranquility of the Village or a part thereof or causes reasonable apprehension of there being a disturbance of such tranquility.

H. Violation of any stipulation or condition imposed by the Board of Trustees upon the granting or renewal of any such license.

§ 132-11. Effect of suspension or revocation of license.

Upon a license for premises hereunder being suspended or revoked, it shall be unlawful to use or occupy any portion of said premises as a cabaret, dance hall or theater during such period of suspension.

§ 132-12. Notice of suspension or revocation of license.

The Board of Trustees shall send notice of the suspension or revocation to the person licensed hereunder and shall cause to be attached thereto a statement of its reasons therefor.

§ 132-13. Service of notice.

Any notice to be given by the Board of Trustees under this chapter shall be deemed to have been duly given when:

A. Served personally upon the licensed person, or sent by registered or certified mail addressed to his residence; or

B. In the case of a corporate licensee, served personally upon an officer of said corporate licensee or sent by registered or certified mail addressed to an officer thereof at his residence, together with a copy of the notice by ordinary mail to the address of the licensed premises; or

C. Served personally upon or sent by registered or certified mail to the agent designated under § 132-4C(6); or

D. Served in any manner otherwise specifically provided in this chapter or in any other lawful manner.

§ 132-14. Posting of license.

Each license issued hereunder shall be kept conspicuously posted at the main entrance of every place licensed hereunder. It shall be unlawful to remove, deface or alter such license.

§ 132-15. Transferability of license.

No license issued under the provisions of this chapter shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued, nor shall such license be used on any location other than the location stated in such license.

§ 132-16. Maximum occupancy.

The number of persons permitted to occupy a place of assembly operated as a cabaret or dance hall shall be determined in accordance with the New York State Uniform Fire Prevention and Building Code.

§ 132-17. Additional regulations.

Every person holding a license under this chapter and every place of assembly shall comply with the following provisions. Violation of any of these provisions shall be unlawful.

A. No light on any part of premises licensed hereunder or on any place of assembly shall be permitted to shine beyond the property line of the premises. All exterior lights on such premises shall be equipped with shielding devices so that the glow emanating therefrom shall be directed only on and toward such premises.

B. All garbage, rubbish and other refuse shall be stored until removed at the rear of the premises in watertight receptacles, securely covered. Such receptacles shall be maintained in a sanitary condition. No garbage, rubbish or other refuse shall be removed from the premises between the hours of 6:00 p.m. and 6:00 a.m.

C. No soot, cinders, smoke, noxious acids, fumes, gases or disagreeable or unusual odors shall be permitted to emanate from the premises so as to be detrimental to any person or to the public, or which either annoys, disturbs, injures or endangers, or may have a tendency to annoy, disturb, injure or endanger, the comfort, repose, health, peace or safety of any person or the public.

D. At no time shall music be played either by mechanical device or live performance in a manner which either annoys, disturbs, injures or endangers, or tends to annoy, disturb, injure or endanger, the comfort, repose, health, peace or safety of other persons or the public.

E. No loud, unnecessary or unusual noise or any noise shall be permitted to be made, continued or caused to be made or continued, which either annoys, disturbs, injures or endangers, or tends to annoy, disturb, injure or endanger, the comfort, repose, health, peace or safety of other persons or the public.

F. No person operating a place of assembly, although not required to be licensed under this chapter, shall permit any waitress, barmaid or any other person who comes in contact with, or who is likely to come in contact with, the patrons of such place of public assembly to appear in the presence of such patrons with breasts or the lower part of the torso uncovered, or so thinly covered or draped as to appear uncovered, nor shall be permit any person to appear in any scene, sketch or act with breasts or the lower part of the torso uncovered, or so thinly covered or draped as to appear uncovered.

Chapter 137. RENTAL OF RESIDENTIAL PROPERTY

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 49.
Fire prevention — See Ch. 88.
Property maintenance — See Ch. 130.

Article I. Rental Permits

[Adopted 12-14-2009 by L.L. No. 49-2009 Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. ]

§ 137-1. Construal of provisions.

Nothing in this article shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, county or state or existing requirements of any other provision of local laws or ordinances of the Village or county or state laws and regulations. In the case of a conflict between this article and other regulations, that which sets the more stringent requirement will prevail.

§ 137-2. Permit required.

[Amended 1-24-2011 by L.L. No. 1-2011]

It shall be unlawful for the owner of any building, or portion thereof, used for residential purposes to allow, permit or suffer the occupancy thereof as a separate dwelling unit for someone other than the owner without a rental permit pursuant to this chapter. It shall be immaterial whether or not rent or any other consideration is paid to the owner by the occupant of such dwelling unit.

§ 137-3. Application for permit.

A. Application for such permit shall be made, in writing, to the Code Enforcement Officer on a form provided therefor and shall contain the name of the applicant, the location of the premises and the number of dwellings and units and persons to be accommodated.

B. Each application shall be accompanied by a survey or sketch to scale showing the size and location of the premises, all buildings and structures and a floor plan to scale of each dwelling unit and accommodation.

C. Each application shall be executed by and sworn to by the owner of the premises or such person who operates such premises if other than the owner with a written authorization by the owner.

§ 137-4. Compliance required.

A. No permit or renewal thereof shall be issued under any application unless the property shall be in compliance with all the provisions of the Code of the Village of Amityville, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York.

B. Prior to the issuance of any such permit or renewal thereof, the property owner shall provide a certification from a licensed architect, a licensed professional engineer or the Code Enforcement Officer or his designee based upon a physical inspection of the premises that the property which is the subject of the application is in compliance with all the provisions of the Village Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York.

§ 137-5. Term of permit.

The permit shall be valid for a period of two years from the date of issuance.

§ 137-6. Permit fees; late charge for overdue permit renewals.

A. Permit fees shall be set by resolution of the Board of Trustees from time to time for the following classes:

(1) Class I: one- or two-family homes, units providing two or three rooming or boarding units.

(2) Class II: units for three families or more; units containing four or more rooming or boarding units; hotels and all others.

B. A late charge equal to two times the amount of the applicable permit fee, prorated for the period of time constituting the overdue period, shall be paid for the renewal of any expired rental permit required by this article. Said late charge shall be in addition to the basic permit fee.

§ 137-7. Authorization for inspections.

The submission of an application for a rental permit or the receipt of such permit shall be deemed an authorization by the owner to the Code Enforcement Officer or his designee to make or cause to be made inspections to determine the condition of the premises and to safeguard the health, safety, morals and welfare of the public. Such inspection shall be made at any reasonable time during daylight hours or at such other time as may be necessary in an emergency, without the further consent of the owner.

§ 137-8. Penalties for offenses.

A first violation of this article shall be punishable by a fine of not less than $250 and not more than $1,000 or imprisonment for a period not to exceed six months, or both. A second violation of this article within five years of a previous conviction of the offense shall be punishable as a misdemeanor and by a fine of not less than $500 and not more than $1,500 or imprisonment for a period not to exceed one year, or both. A third violation of this article within five years of the second conviction of the offense shall be punishable as a misdemeanor and by a fine of not less than $1,000 and not more than $2,000 or imprisonment for a period not to exceed one year, or both.

Chapter 142. SEWERS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 49.
Plumbing — See Ch. 127.
Streets, sidewalks and driveways — See Ch. 152.

Article I. Connections to Suffolk County South West Sewer District

[Adopted 12-14-2009 by L.L. No. 50-2009 Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. ]

§ 142-1. Required permits.

A. No connection shall be made to the South West Sewer District (SWSD) before the following permits are obtained from or presented to the Village of Amityville:

(1) A valid Suffolk County sewer connection permit.

(2) A street opening permit from the Village Superintendent of Public Works, pursuant to Chapter 152 of this Code, if appropriate.

(3) A plumbing permit from the Code Enforcement Officer, pursuant to Chapter 127 of this Code, if appropriate; the term "plumbing fixtures" as applied in Chapter 127 shall be defined to include plumbing traps.

(4) A sewer connection permit from the Code Enforcement Officer.

B. No other permits shall be required and all fees and deposits obtained incidental to the issuance of the above permits are hereby waived.

§ 142-2. Application for permit.

An application for a sewer connection permit shall be made on forms provided by the Code Enforcement Officer and shall contain all pertinent information concerning the nature and extent of such work along with a diagram of the subject parcel illustrating the proposed installation, the sewer connection, property lines, underground utilities, poles, structures and trees within 10 feet of the installation.

§ 142-3. Inspections.

A. All exterior plumbing work incidental to connection to the South West Sewer District shall be subject to inspection by Suffolk County. Said exterior plumbing work shall be performed by such persons and in such a manner as are approved by the County of Suffolk.

B. All interior plumbing work incidental to connection to the South West Sewer District must be performed by a plumber duly licensed by the Town of Babylon and the County of Suffolk, or may be done by the homeowner. All interior plumbing work must be inspected by the Code Enforcement Officer. The property owner and/or contractor shall each be responsible for notifying the Code Enforcement Officer within 30 days after the completion of interior work.

§ 142-4. Abandoned septic tanks and cesspools.

Abandoned septic tanks and cesspools are a potential safety hazard and, therefore, it shall be required that they be pumped empty of wastes and completely backfilled with granular material upon connection to the South West Sewer District, except by permission of the Code Enforcement Officer.

§ 142-5. Performance bond and certificate of insurance to be filed.

In each case wherein any street or sidewalk opening or exterior plumbing work incidental to a sewer connection is to be performed by a person or persons other than the property owner, such person or persons must submit to the Village with their application for a sewer connection permit a performance bond and a certificate of insurance each naming the County of Suffolk and the Village of Amityville as insureds thereon. Said insurance shall provide coverage of $100,000/$300,000 against bodily injury, $100,000 against property damage and $ 100,000 for workmen's compensation and employer's liability.

§ 142-6. Owner's indemnity; notice; noncompliance; assessment of costs.

A. In each case wherein all of the street and sidewalk opening and exterior plumbing work incidental to the sewer connection is to be performed by the property owner, no bond or certificate of insurance shall be required. In lieu of such bond or certificate, the Village will require the property owners to execute and submit with their application for a sewer connection permit the following indemnification agreement:

_________________________________ agrees to indemnify

[Name of Owner(s)]

and hold harmless the Village of Amityville in connection with the sewer connection(s) to be made at premises known as

(address)

Owned by the undersigned; and further agrees to indemnify and hold harmless any of its departments or agencies, its officers, employees, agents or tenants of and from all damages or claims of damages to a public sewer, water service main, water pipe to a highway or the surface thereof; to public property; or to any other person or persons arising from negligent acts of commission or omission in any way relative to said sewer connection; or damage to any other municipal facility in making connection with a public sewer; in opening a public sewer or in making an opening or excavation in a public highway, street or sidewalk or in maintaining, guarding, refilling, dewatering or working in or about such openings or excavations; or used in connection therewith.

Signature

Sworn to before

me this __________

day of ________________, 20___

Notary Public

B. In the event that the property owner fails to repair or restore the streets, sidewalks or other municipal property disturbed by the sewer connection work done by him or in his behalf according to applicable specifications, the Code Enforcement Officer shall issue a notice to the owner setting forth what additional work or corrections need to be performed and the date by which said work or corrections are to be completed.

C. Such notice shall be in writing and shall be served personally on the property owner at the address set forth on the real property tax rolls for the owner.

D. In the event that the property owner fails to complete such additional work or correction within the time prescribed by the Code Enforcement Officer, the Village shall cause the necessary work to be performed and shall assess all costs and expenses incurred against such property. Such assessment shall be collected in the same manner that taxes are collected as provided by law.

E. The amount of the costs and expenses to be assessed shall be determined by the Board of Trustees following a public hearing at which testimony will be taken as to the nature and cost of the work performed. The property owner shall be given no less than 10 days' written notice of said hearing and shall be given an opportunity to testify therein.

Chapter 144. SIGNS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 51-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Advertising materials — See Ch. 35.
Building construction — See Ch. 49.
Licensed businesses and occupations — See Ch. 107.
Vehicles and traffic — See Ch. 172.
Zoning — See Ch. 183.

§ 144-1. Legislative intent; definitions.

A. The purpose of this chapter is to regulate existing and proposed signs in order to:

(1) Protect property values.

(2) Create and promote an attractive economic business climate.

(3) Enhance and protect Amityville's physical appearance and environment.

(4) Preserve the scenic and natural beauty of the Village.

(5) Provide a more enjoyable and pleasing community.

(6) Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents.

(7) Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way.

(8) Avoid unconstitutional prohibitions of noncommercial speech.

B. As used in this chapter, the following terms shall have the meanings indicated:

SIGN
Any structure or part thereof or any device for visual communication, either illuminated or nonilluminated, whether freestanding or attached to a building or painted or represented thereon or displayed from the inside thereof, which shall display or include any letter, word, model, banner, pennant, logo, insignia, device, trade, flag, symbol or representation which is in the nature of or which is used for the purpose of bringing the subject thereof to the attention of the public as an announcement, direction or advertisement for commercial purposes or otherwise. A "sign" includes any message and any billboard, neon tube, string of lights or similar device placed upon, outlining, hung, painted upon, displayed from within or attached to part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency or subdivision or of any political, educational, charitable, civic, philanthropic, professional, religious or like campaign, drive, movement or event.

§ 144-2. Illumination.

A. The area, brilliance, character, degree, density, intensity, location and type of illumination shall be the minimum necessary to provide for the security of the property and the safety and welfare of the public.

B. All sources of illumination on front-lighted signs shall be indirect and shall be positioned so that the direct rays of such sources are cast upon the sign from in front thereof. Such sources of illumination shall also be shielded so that the direct rays therefrom are not cast upon any property other than the lot on which such illumination is situated.

C. Illumination on front-lighted signs shall be white, fluorescent or incandescent, steady in nature and not flashing or moving or changing in brilliance, color or intensity.

D. Backlighted signs shall have an opaque face; only the letters and business symbols set forth thereon may consist of translucent material which shall be made of white or colonial colors.

E. Backlighted signs. Illumination shall be white, steady in nature and not flashing, moving or changing in brilliance, color or intensity.

§ 144-3. Restrictions.

No types of signs shall be erected or maintained except as provided in this chapter. Billboards, whether freestanding or attached to a building or other structure, are hereby specifically prohibited in the Village of Amityville.

§ 144-4. Classification.

A. Wall signs. A sign painted on or recessed or affixed in any manner to any wall of a structure shall be classified as a wall sign.

(1) No such sign shall project above the parapet or eaves or roofline, whichever shall be the lowest part of the structure on which it is erected.

(2) No such sign or any part thereof shall project more than 12 inches from the wall to which it is affixed.

(3) The bottom edge of or any appendage to such sign shall be not less than 10 feet above grade at such sign.

(4) No such sign or signs shall cover wholly or partially any wall opening or project beyond the ends of the wall to which it is attached.

B. Freestanding signs. A sign freestanding on the ground or supported by one or more uprights upon the ground, with or without braces and not attached to a structure, shall be classified as a freestanding sign. No such sign or any part thereof shall project beyond any property line.

C. Window or inside signs. A sign erected or maintained in the interior of a building, visible from any public or private street or highway or any public or private parking lot or facility, shall be classified as a window or inside sign.

§ 144-5. General regulations.

A. A sign may be permitted only in connection with a permitted use or for constitutionally protected noncommercial messages.

B. Signs shall relate solely to constitutionally protected noncommercial messages or to the business or profession conducted on the premises. Such business or professional signs shall advertise only the name of the owner or lessee, the name, address and telephone number of the establishment, the type of establishment, the goods manufactured or sold or the services rendered, or any symbol, logo or icon customarily used or reasonably related to such establishment, goods or services.

C. No sign shall be constructed, erected or located which will obstruct the visibility with respect to the safety of the motorist or pedestrian proceeding along the public way or entering or leaving a lot.

D. All illuminated signs shall be illuminated by a steady source and shall contain no moving or flashing parts. The illumination, if located so as to be confused with traffic signals, shall not be green, red or orange-yellow.

E. No signs may be constructed, erected, provided, maintained, altered or moved on a lot on which exists a nonconforming sign, unless all signs on such lot are made to conform.

F. A canopy, projecting or wall business sign shall be permitted only on the front face of a structure, except that on a corner lot situated in a business district, a second wall business sign facing a side street may be permitted.

G. A freestanding business sign shall be located only in a front yard and no closer to side lot lines than the required side yard and shall be limited to one on a lot, unless otherwise specified in § 144-8.

H. No signs, except directional or traffic signs, shall be permitted on public streets or rights-of-way.

I. Nonilluminated directional signs are permitted in any district, provided that such sign or signs shall not exceed two square feet in area and that the number on a lot applicable to a use thereon shall not exceed the number of approved ingresses and egresses thereon.

J. All signs shall be compatible with the Bay Village architectural theme as to design and color, which is hereby defined to include the following:

(1) The following designs. (See Exhibit A at end of chapter.)

(2) Colors from the following paint charts:

(a) Benjamin Moore Paints: Historical Color Collection, Interior/Exterior.

(b) Pittsburgh Paints: Historic Colors.

(c) Turco Paint and Varnish Company: Old Sturbridge Colors.

(d) Equivalent colors from other manufacturers, as approved from time to time by the Planning Board.

K. No billboards shall be permitted.

L. No wind flags, wind socks or inflatable signs shall be permitted.

[Amended 1-24-2011 by L.L. No. 1-2011]

M. No neon-illuminated signs shall be permitted without a variation from the Planning Board.

§ 144-6. Signs in residence districts.

No sign shall be erected in any residence district, except the following:

A. Name signs consisting of name and address or profession.

(1) Number permitted: one per lot.

(2) Maximum area: two square feet.

(3) Maximum height of bottom of sign above ground level: five feet.

B. Real estate signs.

(1) Number permitted: one per lot.

(2) Maximum area: four square feet.

(3) Maximum height of bottom of sign above ground level: five feet.

(4) Location: at least 15 feet from the property line.

C. Signs conveying a constitutionally protected noncommercial message.

(1) Number permitted: one per lot.

(2) Maximum area: four square feet.

(3) Maximum height of bottom of sign above ground level: five feet.

(4) Location: at least 15 feet from all property lines.

D. Signs in SC Senior Citizen Residence District. No sign shall be erected in the SC Senior Citizen Residence District except one freestanding sign per parcel, which sign shall not be higher than 10 feet above ground level and shall not exceed 20 square feet, and shall contain only the name of the complex and may contain the words "for senior citizens."

§ 144-7. Signs in H Historical District.

No sign shall be permitted in the H Historical District with an area in excess of 20 square feet nor a maximum height above ground level in excess of 10 feet, and a minimum setback from the front property line of five feet.

§ 144-7.1. Signs in PM Professional-Mixed Use District.

A. No sign shall be erected in the PM Professional-Mixed Use District except one freestanding sign per parcel, which sign shall not be higher than 10 feet above ground level and shall not exceed 12 square feet for one office on the premises nor a total of 16 square feet if more than one office is referred to thereon.

B. If no signs exist on a parcel in the PM Professional-Mixed Use District, then the provisions of § 144-6 of this chapter shall apply to such parcel.

§ 144-8. Signs in business and industrial districts.

Signs erected in the business and industrial districts shall be governed by the following regulations:

A. Freestanding signs.

(1) Number permitted: one outside of every building on the lot.

(2) Maximum area: 40 square feet.

(3) Maximum height of sign above ground level: 16 feet.

B. Wall signs.

(1) Maximum permitted: one per lot, except for corner lots where one is permitted facing each street, and one additional wall sign on the rear wall for a building with a rear entrance facing a municipal parking lot.

(2) Size: shall not exceed an area of 1.5 square feet for each horizontal foot of the wall to which it is attached, except for rear entrance wall signs which shall have a maximum area of one square foot for each horizontal foot of the rear wall of such building.

C. Window signs.

(1) Nonpaper signs.

(a) Number permitted: one per window.

(b) Maximum area: six square feet.

(2) Paper or temporary signs.

(a) Maximum area: cumulative area of such signs not to exceed 30% of the window area in size.

(b) Paper or temporary signs may be placed in a window for not more than 60 consecutive days without a permit, provided that the date such signs are placed in the window shall be conspicuously set forth on the face of each sign. The Code Enforcement Officer shall also have the right to date stamp any such sign.

(c) The minimum size of any paper or temporary sign shall be two square feet.

D. Theater signs.

(1) Number permitted: one on the front wall of the building in which the theater is located, above the front entrance door, advertising the name of the theater only or displaying a constitutionally protected noncommercial message.

(2) Maximum dimensions: 30 square feet.

(3) Marquee-type signs shall be permitted only upon approval by the Board of Trustees.

§ 144-9. Temporary signs or banners.

A. The Board of Trustees may grant permits for the erection of temporary signs, banners or transparencies intended for special events or other uses not exceeding 30 days, upon such conditions as it may determine.

B. No permit shall be required for a contractor's sign, not exceeding 16 square feet in area, which is displayed during the course of construction.

§ 144-10. Exceptions.

A. The provisions of this chapter shall not prohibit the erection and maintenance of signs on a marquee or canopy, provided that permission for the erection and maintenance of such marquee or canopy has been duly obtained and is in effect. The Board of Trustees may grant such permit, revocable at its pleasure, upon such conditions and for such period as it may determine.

B. Notwithstanding the provisions of this chapter, signs not exceeding six inches in height may be painted on or applied to the valance of awnings over a shop window facing a public street or parking area.

§ 144-11. Roof and parapet signs prohibited.

No sign shall be erected on a roof or extend above a parapet wall.

§ 144-12. Maintenance.

Every sign shall be maintained in a good state of repair and shall be kept neatly painted.

§ 144-13. Inspection; report of conditions.

The Code Enforcement Officer may enter any premises to inspect signs and report whether same are in a safe condition.

§ 144-14. Permit required.

It shall be unlawful for any person to erect, construct, alter, paint, repaint, relocate, reconstruct, upgrade or display, or cause to be erected, constructed, altered, painted, repainted, relocated, reconstructed, upgraded or displayed any illuminations or signs, except an authorized sign in a residence district, without first having obtained a sign permit from the Code Enforcement Officer. Such permit may be issued by the Code Enforcement Officer if the proposed sign conforms to all applicable provisions of the Code. If said proposed sign does not so conform, no permit shall be issued unless and until a variation for such nonconformity has been granted by the Planning Board. The Code Enforcement Officer may refer any permit application to the Planning Board for a preliminary determination as to whether the proposed sign is in conformity with this chapter prior to the issuance of such permit.

§ 144-15. Permit application; fee.

A. Application for the permit shall be made in writing to the Code Enforcement Officer and shall contain the following information:

(1) The name, address and telephone number of the applicant.

(2) The location of the building, structure or land to which or upon which the sign is to be erected.

(3) A detailed drawing or blueprint showing a description of the construction details of the sign and showing the color, lettering and/or pictorial matter composing the sign, the position of lighting or other extraneous devices and a location plan showing the position of the sign on any building or land.

(4) Written consent of the owner of the building, structure or land to which the sign is to be erected, in the event that the applicant is not the owner thereof.

(5) Certification of an electrical inspection by a qualified person or firm.

B. A fee shall be paid to the Code Enforcement Officer with each sign permit application. The amount of said fee shall be established by resolution by the Board of Trustees. Where work for which a sign permit is required is begun prior to obtaining a permit therefor, the fee will be doubled, but the payment of such fee shall not release any person from fully complying with the requirements of this chapter in the execution of the work nor from the penalties prescribed in Chapter 1, Article II.

C. Notwithstanding the foregoing, no permit fee shall be charged by the Code Enforcement Officer to repaint, reconstruct or upgrade an existing sign for which a sign permit had previously been issued unless there is a substantive change in the content, design or color thereof.

§ 144-16. Revocation of permit.

The Code Enforcement Officer may revoke any sign permit after inspection in the event that there is any false statement or misrepresentation as to a material fact in the application upon which the permit was based or if the sign is not erected in accordance with the permit.

§ 144-17. Variations.

A. The Planning Board may, in a specific case, after public notice and hearing in accordance with the requirements of Chapter 24, determine and vary the provisions of this chapter as a variation only upon the following terms and conditions:

(1) In all districts, only if the Planning Board finds that the proposed sign is in harmony with and is consistent in appearance with and will preserve or enhance:

(a) The value of neighboring and adjacent buildings and structures and the district as a whole or a part thereof.

(b) The visual relationship between the property in question and existing structures and the character of the district as regards architectural style in relationship to properties which are within view of existing structures or buildings of historical significance or meritorious architectural quality.

(c) The maintenance of the visual character of the district as indicated by such matters as setbacks, heights, materials, mass, line, color and detail.

B. In granting a variation pursuant to this section, the Planning Board shall also consider the following:

(1) Whether such sign will contribute to the devaluation of any property in the area, or to the general deterioration of the neighborhood in which it is placed, by reason of size, location on a premises or aesthetic appearance.

(2) Whether such sign will interfere in any way with vehicular or pedestrian visibility or create or contribute to the creation of any traffic hazard.

[Amended 3-8-2010 by L.L. No. 2-2010]

§ 144-18. Phaseout of nonconforming signs.

A. Any legal sign, whether by permit, special exception or by virtue of such sign having existed before the Sign Ordinance or by being legally nonconforming, in existence on the effective date of this section, which violates or does not conform to the provisions of this Code shall be altered, removed or replaced to comply with such provisions within five years of the effective date hereof.

B. Any illegal sign shall be immediately altered, removed or replaced to comply with the provisions of this chapter.

§ 144-19. Abandoned signs.

Any sign which ceases to advertise or identify a person, trade or business located at a premises shall be removed within 30 days of the departure of such person or the discontinuance or termination of said trade or business. Failure of the owner or occupant to remove such sign within said period, after written notice, shall be an offense punishable as provided in § 1-9 of this Code.

Chapter 150. STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 52-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 49.
Unsafe buildings — See Ch. 51.
Fire prevention — See Ch. 81.
Flood damage prevention — See Ch. 88.
Freshwater wetlands — See Ch. 92.
Property maintenance — See Ch. 130.
Zoning — See Ch. 183.

Article I. General Provisions

§ 150-1. Applicability.

A. All land development activities, as hereinafter defined in § 150-3, within the Village are hereby regulated by this chapter.

B. The Code Enforcement Officer is hereby designated as the Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer may:

(1) Review the plans;

(2) Upon authorization by the Board of Trustees, engage the services of the Village Engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board; or

(3) Accept the certification of a licensed professional that the plans conform to the requirements of this chapter.

C. All land development activities shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer, who shall approve the SWPPP if it complies with the requirements of this chapter.

[Amended 3-8-2010 by L.L. No. 2-2010]

§ 150-2. Exemptions.

Exemptions are as follows:

A. Agricultural activity as defined in § 150-3.

B. Silvicultural activity, except that landing areas and log haul roads are subject to this chapter.

C. Routine maintenance activities that disturb less than one acre and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.

D. Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.

E. Any part of a subdivision if a plat for the subdivision has been approved by the Planning Board of the Village of Amityville on or before the effective date of this chapter.

F. Land development activities for which a building permit has been approved on or before the effective date of this chapter.

G. Cemetery graves.

H. Installation offence, sign, telephone, and electric poles and other kinds of posts or poles.

I. Emergency activity immediately necessary to protect life, property or natural resources.

J. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.

K. Landscaping and horticultural activities in connection with an existing structure.

§ 150-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
BUILDING
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."
GRADING
Excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT ACTIVITY

A. Construction activity within the Village of Amityville including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 1/2 acre, or activities disturbing less than 1/2 acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

B. Construction activity within the Village of Amityville and adjacent to watercourses and municipal parklands, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 1/8 acre, or activities disturbing less than 1/8 acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

LANDOWNER
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT
Land development activity.
RECHARGE
The replenishment of underground water reserves.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs or habitats for threatened, endangered or special concern species.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use of activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER
The Code Enforcement Officer or any other employee or officer designated by the Board of Trustees to accept, review and approve stormwater pollution prevention plans, and inspect the implementation thereof.

[Amended 3-8-2010 by L.L. No. 2-2010]

STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.

Article II. Stormwater Pollution Prevention Plans

§ 150-4. Requirement.

No application for approval of land development activity shall be reviewed until the Stormwater Management Officer has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter.

§ 150-5. Contents.

A. All SWPPPs shall provide the following background information and erosion and sediment controls:

(1) Background information about the scope of the project, including location, type and size of project.

(2) Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s). Maps shall be of a scale no smaller than one inch equals 50 feet.

(3) Description of the soil(s) present at the site;

(4) Construction phasing plan describing the intended sequence of construction activities, including clearing, grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than two acres shall be disturbed at any one time unless pursuant to an approved SWPPP.

(5) Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;

(6) Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;

(7) Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project closeout;

(8) A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

(9) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

(10) Temporary practices that will be converted to permanent control measures;

(11) Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;

(12) Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(13) Name(s) of the receiving water(s);

(14) Delineation of SWPPP implementation responsibilities for each part of the site;

(15) Description of structural practices designed to divert flows from exposed soils, storm flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and

(16) Any existing data that describes the stormwater runoff at the site.

B. Land development activities as defined in § 150-3 of this chapter and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection C below as applicable:

(1) Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.

(2) Condition B: stormwater runoff from land development activities disturbing two or more acres.

(3) Condition C: stormwater runoff from land development activity disturbing between one acre and two acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

C. SWPPP requirements for Conditions A, B, and C:

(1) All information in Subsection A of this section.

(2) Description of each postconstruction stormwater management practice;

(3) Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;

(4) Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;

(5) Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions;

(6) Dimensions, material specifications and installation details for each postconstruction stormwater management practice;

(7) Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;

(8) Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;

(9) Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Article IV of this chapter.

§ 150-6. Plan certification.

The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements of this chapter.

§ 150-7. Other environmental permits.

A. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

B. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

C. The certification statement(s) shall become part of the SWPPP for the land development activity.

§ 150-8. (Reserved)

Article III. Performance and Design Criteria

§ 150-9. Technical standards.

For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter:

A. The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").

B. New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").

§ 150-10. Water quality standards.

No land development activity shall cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

Article IV. Maintenance and Repair of Stormwater Facilities

§ 150-11. Maintenance during construction.

A. The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

B. The applicant or developer or its representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also copied to the site logbook.

§ 150-12. Maintenance easements.

Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Village of Amityville to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the Suffolk County Clerk after approval by the Village Attorney.

§ 150-13. Maintenance after construction.

The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall be operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:

A. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter.

B. Written procedures for operation and maintenance and training new maintenance personnel.

C. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 150-10.

§ 150-14. Maintenance agreements.

The Village of Amityville shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Suffolk County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of a standard form entitled "Sample Stormwater Control Facility Maintenance Agreement." The Village of Amityville, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

Article V. Administration and Enforcement

§ 150-15. Erosion and sediment control inspection.

A. The Village of Amityville Stormwater Management Officer may require such inspections as necessary to determine compliance with this chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Stormwater Management Officer at least 48 hours before any of the following:

(1) Start of construction.

(2) Installation of sediment and erosion control measures.

(3) Completion of site clearing.

(4) Completion of rough grading.

(5) Completion of final grading.

(6) Close of the construction season.

(7) Completion of final landscaping.

(8) Successful establishment of landscaping.

B. If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted, except for site stabilization, until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.

§ 150-16. Stormwater management practice inspections.

The Village of Amityville Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

§ 150-17. Inspection of stormwater facilities after project completion.

Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

§ 150-18. Submission of reports.

The Village of Amityville Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.

§ 150-19. Right of entry for inspection.

When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of Amityville the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.

§ 150-20. Construction completion guarantee.

In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Village of Amityville in its approval of the stormwater pollution prevention plan, the Village of Amityville may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Village of Amityville as the beneficiary. The security shall be in an amount to be determined by the Village of Amityville based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Village of Amityville, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) has (have) been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Village of Amityville. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

§ 150-21. Maintenance guarantee.

Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer, or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Village of Amityville with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Village of Amityville may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

§ 150-22. Recordkeeping.

The Village of Amityville may require entities subject to this chapter to maintain records demonstrating compliance herewith.

§ 150-23. Notice of violation.

When the Village of Amityville determines that a land development activity is not being carried out in accordance with the requirements of this chapter, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

A. The name and address of the landowner, developer or applicant;

B. The address, when available, or a description of the building, structure or land upon which the violation is occurring;

C. A statement specifying the nature of the violation;

D. A description of the remedial measures necessary to bring the land development activity into compliance with this chapter and a time schedule for the completion of such remedial action;

E. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

F. A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of the service of the notice of violation.

§ 150-24. Stop-work orders.

The Village of Amityville may issue a stop-work order for violations of this chapter. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Village of Amityville confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.

§ 150-25. Other remedies for violations.

Any land development activity that is commenced or is conducted contrary to this chapter may be restrained by injunction or otherwise abated in a manner provided by law.

§ 150-26. Penalties for offenses.

In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

§ 150-27. Withholding of certificate of occupancy.

If any building or land development activity is installed or conducted in violation of this chapter, the Stormwater Management Officer may prevent the occupancy of said building or land.

§ 150-28. Restoration of lands.

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Village of Amityville may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

§ 150-29. Fees for services.

The Village of Amityville may require any person undertaking land development activities regulated by this chapter to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village of Amityville or performed by a third party for the Village Amityville.

Chapter 152. STREETS, SIDEWALKS AND DRIVEWAYS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 53-2009. Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 49.
Property maintenance — See Ch. 130.
Plumbing — See Ch. 127.
Sewers — See Ch. 142.
Signs — See Ch. 144.
Abandoned vehicles — See Ch. 171.
Vehicles and traffic — See Ch. 172.
Storage of vehicles — See Ch. 174.

Article I. General Regulations

§ 152-1. Encumbering streets.

No person shall encumber or disturb any street of the Village nor allow any vehicle to back up against any curb or building bordering on the sidewalk so as to hinder, impede or delay travel along the same, nor shall any person deposit material for building or other purposes in any street of the Village.

§ 152-2. Encumbering sidewalks.

No person shall encumber the sidewalks with boxes, barrels, casks, crates, goods, wares, merchandise, building materials, barriers or with any material whatever, except that merchandise and material may be placed on a sidewalk for a reasonable time for the purpose of loading and unloading the same, provided that such sidewalk is not wholly obstructed thereby.

§ 152-3. Street openings.

A. Permit required. No person shall disturb the surface of any Village street, avenue, highway or sidewalk or open or excavate in the same without first obtaining a permit from the Superintendent of Public Works. The applicant shall submit a plan for such work in detail satisfactory to said Superintendent.

B. Performing work. Any opening in any pavement shall extend at least two feet in all directions beyond the edge of the excavation or as shall be directed by the Superintendent of Public Works. In any sidewalk opening in which a slab is broken or damaged, the entire slab shall be replaced. All replacement or restoration of pavement or sidewalk shall comply with the requirements of the Superintendent of Public Works.

C. Deposit required. A deposit in an amount to be established by the Board of Trustees by resolution on a per-square-foot basis of blacktop pavement removed or concrete pavement or sidewalk removed shall be required on issuance of a permit, to be held as a guaranty of payment for proper replacement or restoration, as the case may be, unless otherwise permitted under special conditions by the Superintendent of Public Works.

D. There shall be a fee in an amount to be established by the Board of Trustees by resolution for each street opening permit.

§ 152-4. Restoration or replacement of surface after opening.

When the surface of any Village street, avenue, highway or sidewalk has been disturbed or an opening or excavation therein has been made pursuant to the provisions of this chapter, it shall be the duty of the person performing such work to replace or restore the surface, as the case may be, as soon as practicable, and if such replacement or restoration is not performed promptly, the Superintendent of Public Works shall be authorized to do such work and apply the deposit to the expense thereof.

§ 152-5. Drains across sidewalks.

No drain installed to lead from any building across or underneath any sidewalk in any street, road or highway in the Village shall be constructed or laid down without the approval of the Board of Trustees. A condition of approval shall be the furnishing of a deposit in accordance with § 152-3C. If approved, it shall be the duty of the applicant to restore the pavement after the installation of a drain.

§ 152-6. Construction of curb, gutter, pavement or sidewalk.

A. Grade to be furnished. No person shall construct or permit to be constructed gutter or pavement of concrete or similar material of a permanent nature in any public street or private street or on the streets of any new development without first obtaining from the Superintendent of Public Works the proper grade and line for such gutter or pavement. The Board of Trustees may require that the cost of furnishing such grade and line shall be paid by the person making application therefor.

B. Scope. All gutters or pavement laid on any private street or on the streets of any new development shall be subject to the same regulations and must comply in all respects with the regulations governing streets, the title of which is vested in the Village. Failure to comply with the above will be sufficient cause for the Village to reject any proffered dedication of such streets.

§ 152-7. Guarding of construction and road defects.

No person shall remove, displace or in any manner interfere with any barrier, guardrail, lantern or other object which shall have been placed along or across any public street in the Village for the purpose of guarding or warning of construction, potholes, or other defects in such street. No person shall enter upon any street or part of a street when so barred or guarded.

§ 152-8. Maintenance of sidewalks; liability.

A. Duty. It shall be unlawful for the owner or occupant of any real property or premises in the Village to suffer the sidewalk or sidewalk area adjacent to or in front of the same to become out of repair and in an unsafe and dangerous condition. Such owner or occupant, and each of them, shall be liable for any injury or damage by reason of omission, failure or negligence to maintain or repair such sidewalk or sidewalk area and shall indemnify and hold the Village harmless from any such claim for injury or damage. Said sidewalk area shall mean the land between the property line and the paved surface of the street, including any portion thereof which is covered by grass, weeds, bushes, trees or dirt. Such adjacent owner or occupant shall be responsible for keeping the sidewalks free of grass and weeds and for cutting or trimming the grass and weeds in such area to a height of not more than 10 inches.

[Amended 3-8-2010 by L.L. No. 2-2010]

B. Authority of Village. Upon the failure of the owner or occupant to make repairs to the sidewalk or sidewalk area after 10 days' notice in writing specifying the repairs to be made, such repairs may be made by the Superintendent of Public Works by order of the Board of Trustees and the expense therefor charged against such property.

§ 152-9. Removal of snow and ice from sidewalks; liability.

A. Duty. It shall be the duty of the owner or occupant of any real property or premises in the Village to keep the sidewalk or sidewalk area adjacent to or in front of the same free from snow and ice. Such owner or occupant, and each of them, shall be liable for any injury or damage by reason of omission, failure, or negligence to keep such sidewalks or sidewalk area free of snow and ice and shall indemnify and hold the Village harmless from any such claim for injury or damage.

B. Authority of Village. Upon failure of the owner or occupant of real property or premises in the Village to comply with the provisions of Subsection A, after 48 hours notice in writing directing him so to do, such work may be done by the Superintendent of Public Works by order of the Board of Trustees and the expenses therefor charged against such property.

§ 152-10. Trimming of trees.

A. Duty. It shall be the duty of every owner or occupant of real property in the Village to keep the trees on his premises trimmed so as to avoid the existence of a dangerous condition for passersby on the sidewalk, sidewalk area, or roadway and so that overhanging limbs will not interfere with passersby thereon.

[Amended 3-8-2010 by L.L. No. 2-2010]

B. Clearance. All overhanging limbs shall be at least eight feet above the center of the sidewalk and sidewalk area, and 13 feet above the roadway.

C. Authority of Village. Upon the failure of the owner or occupant of real property or premises to comply with the provisions of Subsection A or B of this section, after 48 hours notice in writing directing him to do so, such work may be done by the Superintendent of Public Works by order of the Board of Trustees and the expenses therefor charged against such property.

§ 152-11. Height of fences, trees and shrubs on corner lots.

No fence, hedge, tree, shrub or other growth or structure which obstructs visibility shall be erected or maintained on any part of any corner lot of land which lies within a distance of 30 feet from the intersection along each of the streets, avenues or highways on which such lot abuts, at or to a height which exceeds three feet, measured from the level of the said streets, avenues or highways.

§ 152-12. Awnings.

No person shall erect or hang, or permit or allow to be erected or hung, upon any building owned or occupied by him any awning or canopy, part of which shall project in, over or upon any of the streets or public places in the Village, unless the lowest part of such awning when in a lowered position shall be at least eight feet above the sidewalk level.

§ 152-13. (Reserved)

Editor's Note: Former § 152-13, Moving structures across streets or sidewalks, was repealed 1-24-2011 by L.L. No. 1-2011.

Article II. Sidewalks, Curbing and Driveway Aprons

§ 152-14. Curbing, sidewalks and driveway aprons required; exceptions.

No building permit shall be issued for new construction until an application shall have been made to install, at the applicant's own cost and expense, curbing, sidewalks and driveway aprons in front of the subject premises, provided that this requirement may be modified or waived as a special exception by the Zoning Board of Appeals. This provision shall apply to all zones within the Village.

§ 152-15. Compliance with specifications.

All sidewalks, curbing and driveway aprons shall be constructed in accordance with the specifications established by the Board of Trustees and to the line and grade established by the Superintendent of Highways after issuance of a street opening permit as provided in § 152-3.

§ 152-16. Posting of bond.

The Village may require the posting of a bond or other security with the Village to ensure satisfactory completion of curbs, sidewalks and driveway aprons.

§ 152-17. Applicability to existing premises.

The provisions of this article shall apply to any premises changed in use, or to a building built or changed in use after September 19, 1955, except that an existing building may be rebuilt or enlarged for the continuance of an existing permitted use without regard to the provisions of this article.

§ 152-18. Village participation in cost of construction.

Applications may be presented by any person, firm or corporation for the construction of sidewalk and/or curbing adjacent to the premises which he or they own or occupy, requesting that the Village bear a share of the cost of such construction. On approval of such applications, the Board of Trustees shall determine the cost of such construction, and the applicant shall be required to deposit with the Village Clerk an amount to cover such proportion of the cost as the Board of Trustees may fix from time to time, but not less than 1/2 of such cost. Funds so deposited shall be transmitted to the Village Treasurer and become a part of the general funds of the Village.

§ 152-19. Construction with Village participation.

Sidewalks and curbs constructed under the provisions of § 152-18 hereof shall be constructed by the employees of the Village of Amityville or by a contractor or contractors selected by the Board of Trustees and shall be subject to the approval of the Superintendent of Public Works and the Village Engineer.

§ 152-20. Construction without Village participation.

[Amended 3-8-2010 by L.L. No. 2-2010]

Any person, firm or corporation desiring to construct a sidewalk or curb entirely at his or their own expense shall comply with the provisions of § 152-15. The line and grade will be furnished by the Superintendent of Public Works, on application to the Village Clerk, at the expense of the applicant.

§ 152-21. Application of regulations to public and private streets.

The foregoing regulations shall apply with full force and effect to public and private streets, except that no grant shall be made for the Village to share in the construction in any street in which title is not vested in the Village or which is not recognized as a Village street by prescription.

Article III. Trees and Plants

§ 152-22. Care and jurisdiction in public places.

All trees, shrubs, plants, flowers and lawns in or upon property owned or controlled by the Village including the streets, public places and parks within the Village of Amityville shall be under the care and jurisdiction of the Board of Trustees.

§ 152-23. Permit required to plant.

No shade or ornamental tree or shrub or any fence or other structure shall be placed on any property owned or controlled by the Village without a permit from the Board of Trustees.

§ 152-24. Cutting and removal.

No tree or shrub, or any stem, branch or leaf thereof, shall be cut, broken, removed or otherwise distributed or interfered with in any way, by an individual or by the officer or employee of any corporation, on any property owned or controlled by the Village without the written permission of the Board of Trustees.

§ 152-25. Mutilation.

No person shall cut, deface, mutilate or in any way misuse any tree, shrub, plant, flower or lawn in or upon any property owned or controlled by the Village nor shall any vehicle, structure or animal be permitted to stand in such manner or position where it may cut, deface or mutilate the same. No building material or debris of any kind shall be piled or maintained in any highway against any tree or shrub or cause any injury to any plant, flower or lawn upon the streets, public places and parks within the Village of Amityville.

§ 152-26. Application for permits.

Application for permits required by this article shall be filed with the Village Clerk and issued by the Board of Trustees, without charge, on such terms and conditions as the Board of Trustees may impose.

§ 152-27. Penalties for offenses.

Every person or corporation violating the provisions of this article shall be subject to a penalty as provided for in § 1-9 of this Code for each and every offense.

Article IV. Driveways

§ 152-28. Driveways; approval by Superintendent of Public Works; special permit by Board of Trustees.

No building permit shall be issued for new construction for any premises which will have a driveway or off-street parking, nor shall any existing driveway or off-street parking space be changed in location or increased in area for a dwelling in the A, BB, B or C Residence Districts without the approval of the Superintendent of Public Works after submission of an application to such Superintendent, including a survey or other drawing to scale showing the location and dimensions of said proposed driveway and parking space. No such application shall be approved by said Superintendent if the area of such driveway and off-street parking located in the front yard of such premises exceeds 40% of such front yard unless a special permit for said driveway and parking space has been granted by the Board of Trustees.

Chapter 157. SWIMMING POOLS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 54-2009. Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 49.
Zoning — See Ch. 183.

§ 157-1. Conformance required.

No swimming pool shall be erected, constructed or maintained unless it is in conformity with the Uniform Fire Prevention and Building Code.

§ 157-2. Setback requirements.

[Amended 1-24-2011 by L.L. No. 1-2011]

All swimming pools shall have a minimum setback of 30 feet from the property line abutting any street and a minimum side yard and rear yard setback of six feet each.

§ 157-3. Permit required.

[Amended 1-24-2011 by L.L. No. 1-2011]

No swimming pool shall be erected or altered without a permit issued by the Code Enforcement Officer, except swimming pools exempted from permit requirements by § 49-4B(3) of this Code.

§ 157-4. Water disposal.

No water from a swimming pool shall be permitted to flow onto any abutting premises. Such water shall not be permitted to flow into any street without the approval of the Board of Trustees.

§ 157-5. Abandonment.

Should the owner abandon an outdoor water pool, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately in the same condition as before the pool was constructed, and he shall further notify the Code Enforcement Officer of the abandonment so that an inspection of the site may be made and the records of the permit marked accordingly.

Chapter 159. TAXATION

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]

Article I. Tax on Utility Services

[Adopted 12-14-2009 by L.L. No. 55-2009 Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. ]

§ 159-1. Definitions.

[Amended 3-8-2010 by L.L. No. 2-2010; 1-24-2011 by L.L. No. 1-2011]

As used in this article, "gross income," "gross operating income," "person," "premises," "telecommunication services," "tenant" and "utility" shall have the meanings as defined in § 186-a of the Tax Law.

§ 159-2. Imposition of tax.

Pursuant to the authority established by § 5-530 of the Village Law, there is hereby imposed a tax of 1% of the gross income or gross operating income of the following:

A. Every utility doing business in the Village which is subject to the supervision of the State Department of Public Service and which has a gross income for the 12 months ending December 31 in excess of $500, except motor carriers or brokers subject to such supervision under Articles 5 and 6 of the Transportation Law.

B. Every other utility doing business in the Village which has a gross operating income for the 12 months ending December 31 in excess of $500.

§ 159-3. Applicability.

This article and the tax imposed thereby shall:

A. Apply only within the territorial limits of the Village.

B. Not apply and the tax shall not be imposed on any transaction originating or consummated outside of the territorial limits of the Village, notwithstanding some act necessarily performed with respect to such transaction within such limits.

C. Be in addition to any and all other taxes.

§ 159-4. Disposition of revenues.

All revenues resulting from the imposition of the tax imposed by this article shall be paid into the treasury of the Village and shall be credited to and deposited in the general fund of the Village.

§ 159-5. Enforcement Officer; promulgation of rules and regulations.

[Amended 3-8-2010 by L.L. No. 2-2010]

The Village Treasurer shall be the chief enforcement officer of this article and shall make and be responsible for all collections hereunder. He shall also have the power and authority to make any rules or regulations or directives, not inconsistent with law, which, in his discretion, are reasonably necessary to facilitate the administration of this article and the collection of the taxes imposed hereby. Copies of all such rules and regulations and directives as may from time to time be promulgated shall be sent by certified mail to all utilities subject to this article, which register as such with the Village Treasurer. All such rules, regulations and directives shall be deemed a portion of this article.

§ 159-6. Records.

Every utility subject to tax under this article shall keep such records of its business and in such form as the Village Treasurer may require, and such records shall be preserved for a period of three years unless the Village Treasurer directs otherwise.

§ 159-7. Filing and contents of return.

A. Time of filing. Every utility subject to a tax hereunder shall file on or before January 25 and July 25 a return for the six calendar months preceding each return date, including any period for which the tax imposed hereby or any amendment hereof is effective. However, any utility whose average gross income or gross operating income for the aforesaid six-month period is less than $3,000 may file a return annually on July 25 for the 12 calendar months preceding each return date, including any period for which the tax imposed hereby or any amendment hereof is effective. Any utility, whether subject to tax under this article or not, may be required by the Village Treasurer to file an annual return.

B. Contents. Returns shall be filed with the Village Treasurer on a form to be furnished by him for such purpose and shall show thereon the gross income or gross operating income for the period covered by the return and such other information, data or matter as the Village Treasurer may require to be included therein. Every return shall have annexed thereto a certification by the head of the utility making the same or by the owner or by a copartner thereof or by a principal corporate officer to the effect that the statements contained therein are true.

§ 159-8. Payment.

At the time of filing a return as required by this article, each utility shall pay to the Village Treasurer the tax imposed hereby for the period covered by such return. Such tax shall be due and payable at the time of the filing of the return or, if a return is not filed when due, on the last day on which the return is required to be filed.

§ 159-9. Penalty for late payment.

Any utility failing to file a return or a corrected return or to pay any tax or any portion thereof within the time required by this article shall be subject to a penalty of 5% of the amount of tax due, plus 1% of such tax for each month of delay or fraction thereof, except for the first month after such return was required to be filed or such tax became due; but the Village Treasurer, if satisfied that the delay was excusable, may remit all or any portion of such penalty.

§ 159-10. Tax added as separate item to customers.

[Amended 3-8-2010 by L.L. No. 2-2010]

The tax imposed by this article shall be charged against and be paid by the utility and may be added as a separate item to bills rendered by the utility to customers as authorized by § 186-a(6) of the Tax Law.

§ 159-11. Procedure upon filing unsatisfactory returns.

In case any return filed pursuant to this article shall be insufficient or unsatisfactory to the Village Treasurer, he may require at any time a further or supplemental return, which shall contain any data that may be specified by him, and if a corrected or sufficient return is not filed within 20 days after the same is required by notice from him, or if no return is made for any period, the Village Treasurer shall determine the amount due from such information as he is able to obtain, and, if necessary, may estimate the tax on the basis of external indexes or otherwise. He shall give notification of such determination to the utility liable for such tax. Such determination shall finally and irrevocably fix such tax, unless the utility against which it is assessed shall, within one year after the giving of notice of such determination, apply to him for a hearing or unless the Village Treasurer, of his own motion, shall reduce the same. After such hearing he shall give notice of his decision to the utility liable for such tax.

§ 159-12. Review of final determination.

Any final determination of the amount of any tax payable hereunder shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by a proceeding under Article 78 of the Civil Practice Law and Rules if application therefor is made to the Supreme Court within 90 days after the giving of the notice of such final determination; provided, however, that any such proceeding under said Act shall not be instituted unless the amount of any tax sought to be reviewed, with such interest and penalties thereon as are herein provided for shall be first deposited and an undertaking filed, in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that if such proceeding is dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding.

§ 159-13. Notice.

Any notice authorized or required under the provisions of this article may be given by mailing the same to the utility for which it is intended, in a postpaid envelope, addressed to such utility at the address given by it in the last return filed by it under this article or, if no return has been filed, then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the utility to which it is addressed. Any period of time which is determined according to the provisions of this section by the giving of notice shall commence to run from the date of mailing of such notice.

§ 159-14. Refunds.

If, within one year from the giving of notice of any determination or assessment of any tax or penalty, the utility liable for the tax shall make application for a refund thereof and the Village Treasurer or the court shall determine that such tax or penalty or any portion thereof was erroneously or illegally collected, the Village Treasurer shall refund the amount so determined. For like cause and within the same period, a refund may be so made on the initiative of the Village Treasurer; however, no refund shall be made of a tax or penalty paid pursuant to a determination of the Treasurer as hereinbefore provided unless he, after a hearing as hereinbefore provided, or of his own motion, shall have reduced the tax or penalty or it shall have been established in a certiorari proceeding that such determination was erroneous or illegal. An application for refund, made as hereinbefore provided, shall be deemed an application for the revision of any tax or penalty complained of and the Treasurer may receive additional evidence with respect thereto. After making his determination, he shall give notice thereof to the utility interested, and said utility shall be entitled to a certiorari order to review in accordance with the provisions of § 159-15 hereof.

§ 159-15. Review of determination denying refund.

Where any tax imposed hereunder shall have been erroneously, illegally or unconstitutionally collected, and application for the refund thereof duly made to the Village Treasurer, and he shall have made a determination denying such refund, such determination shall be reviewable by a proceeding under Article 78 of the Civil Practice Law and Rules; provided, however, that such proceeding is instituted within 90 days after the giving of the notice of such denial that a final determination of tax due was not previously made and that an undertaking is filed with the Village Treasurer in such amount and with such sureties as a Justice of the Supreme Court shall approve to the effect that if such proceeding is dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding.

§ 159-16. Limitation on additional assessments or taxes.

Except in the case of a willfully false or fraudulent return with intent to evade the tax, no assessment or additional tax shall be made with respect to taxes imposed under this article after the expiration of more than three years from the date of filing of a return; provided, however, that where no return has been filed as required hereby, the tax may be assessed at any time.

§ 159-17. Powers of Treasurer.

In addition to any other powers herein given to the Village Treasurer, and in order to further ensure payment of the tax imposed hereby, he shall have the power to:

A. Prescribe the form of all reports and returns required to be made hereunder.

B. Take testimony and proofs, under oaths, with reference to any matter hereby entrusted to him.

C. Subpoena and require the attendance of witnesses and the production of books, papers, records and documents.

§ 159-18. Failure to pay tax or penalty.

Whenever any person shall fail to pay any tax or penalty imposed by this article, the Village Attorney shall, upon the request of the Village Treasurer, bring an action to enforce payment of the same. The proceeds of any judgment obtained in any such action shall be paid to the Village Treasurer. Each such tax and penalty shall be a lien upon the property of the person liable to pay the same, in the same manner and to the same extent that the tax and penalty imposed by § 186-a of the Tax Law is made a lien.

Article II. Senior Citizens Tax Exemption

[Adopted 12-14-2009 by L.L. No. 55-2009 Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. ]

§ 159-19. Grant of exemption.

A. Percentage and computation of exemption.

(1) Subject to and in accordance with the further terms of § 467 of the Real Property Tax Law, certain real property shall be exempt from taxation to the extent indicated in the following schedule if owned by one or more persons, each of whom is 65 years of age or over, or if owned by husband and wife, one of whom is 65 years of age or over, provided that the combined annual income of said owners is not more than the corresponding amounts set forth in the following schedule:

[Amended 1-24-2011 by L.L. No. 1-2011]

Personal Income

Assessed Valuation Exempt From Taxation

Not more than $24,000

50%

More than $24,000 but less than $25,000

45%

$25,000 or more, but less than $26,000

40%

$26,000 or more, but less than $27,000

35%

$27,000 or more, but less than $27,900

30%

$27,900 or more, but less than $28,800

25%

$28,800 or more, but less than $29,700

20%

$29,700 or more, but less than $30,600

15%

$30,600 or more, but less than $31,500

10%

$31,500 or more, but less than $32,400

5%

(2) Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed.

B. The real property tax exemption on real property owned by husband and wife, one of whom is 65 years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age.

Article III. Veterans Tax Exemption

[Adopted 12-14-2009 by L.L. No. 55-2009 Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. ]

§ 159-20. Grant of exemption.

A tax exemption to qualifying veterans is hereby granted pursuant to § 458-a of the Real Property Tax Law. The maximum allowable exemption shall be $30,000 for the basic veterans exemption; $20,000 for the combat veterans exemption; and $100,000 for the service-connected disability exemption. Each of such exemptions shall be calculated as of the taxable status date each year by the Assessor multiplying the applicable maximum exemption by the latest state equalization rate for the Village, and the qualifying veterans shall receive the exemptions as so calculated.

Article IV. Commercial, Industrial or Business Exemption

[Adopted 12-14-2009 by L.L. No. 55-2009 Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. ]

§ 159-21. Reduction of exemption.

The real property tax exemptions provided by § 485-b of the Real Property Tax Law to real property constructed, altered, installed or improved for the purpose of commercial, business or industrial activity is hereby reduced to the following exemptions in the corresponding years. No such exemption will be available after the fifth year.

Year of Exemption

Percentage of Exemption

1

25%

2

20%

3

15%

4

10%

5

5%

Article V. Real Property Tax

[Adopted 12-14-2009 by L.L. No. 55-2009 Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. ]

§ 159-22. Collection of property tax.

Pursuant to Section 6 of Chapter 602 of the Laws of 1993, as amended by Chapter 532 of the Laws of 1994, the Village Amityville hereby acts by local law, not subject to referendum, to provide that the collection of property taxes shall continue to be enforced pursuant to Title 3 of Article 14 of the Real Property Tax Law, as is in effect on December 31, 1994.

§ 159-23. (Reserved)

Editor's Note: Original § 159-23, Copy to be filed, was repealed 3-8-2010 by L.L. No. 2-2010.

Article VI. Exemption for Volunteer Firemen

[Adopted 12-14-2009 by L.L. No. 55-2009 Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. ]

§ 159-24. Grant of exemption.

A real property tax exemption is hereby granted to qualifying members of the Amityville Fire Department pursuant to § 466-c of the Real Property Tax Law. Said exemption shall be 10% of the assessed valuation of qualifying property owned by such members, as assessed by the Village Assessor. An application on a form prescribed by said Assessor shall be filed by such qualifying members prior to the taxable status date for each year said exemption is requested.

Chapter 161. TAXICABS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 56-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Licensed businesses and occupations — See Ch. 107.
Vehicles and traffic — See Ch. 172.

Article I. General Regulation

§ 161-1. Definitions.

Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings given by this section:
TAXICAB
Includes any motor vehicle engaged in the business of carrying persons for hire and subject to use by the general public, whether the same is operated from a street stand or subject to calls from a garage, or otherwise operated for hire, except vehicles subject to the provisions of the Transportation Corporations Law, or used by undertakers in carrying on their business.

§ 161-2. Inspection required.

No vehicle shall be licensed until it has been inspected and examined by the Chief of Police or his designee and found to be in a safe condition for the transportation of passengers, clean, fit and of good appearance. The Chief of Police or his designee may also inspect any licensed taxicab from time to time to ascertain whether it is kept in condition of continued fitness for public use.

§ 161-3. Establishment of fare zones.

The following fare zones are hereby designated and established within the Village:

A. Zone A: all that portion of the Village north of the Sunrise Highway.

B. Zone B: all that portion of the Village lying south of the Sunrise Highway and north of Merrick Road.

C. Zone C: all that portion of the Village lying south of Merrick Road and north of Hamilton Street and Coles Avenue on the west side of the Amityville River, and north of Griffing Avenue on the east side of the Amityville River.

D. Zone D: all that portion of the Village lying south of Hamilton Street and Coles Avenue on the west side of the Amityville River, and south of Griffing Avenue on the east side of the Amityville River.

§ 161-4. Maximum rates of fare.

The maximum rates of fare for transportation of passengers and luggage in the Village shall be set by the Board of Trustees by resolution. Maximum rates of fare shall be set for the following categories:

A. One zone.

(1) A rate for transporting one passenger between any two points in any one zone.

(2) A rate for each and every additional passenger aged seven years or over.

(3) A rate for each and every passenger under the age of seven years, except infants in arms.

B. Contiguous zones.

(1) A rate for transporting one passenger between any two points in contiguous zones.

(2) A rate for each and every additional passenger aged seven years or over.

(3) A rate for each and every passenger under the age of seven years, except infants in arms.

C. Three or more zones.

(1) A rate for transporting one passenger between any two points involving three or more zones.

(2) A rate for each and every additional passenger aged seven years or over.

(3) A rate for each and every passenger under the age of seven years, except infants in arms.

D. Packages and luggage. A maximum rate for each group of three packages or fraction thereof which require the driver's assistance. A maximum rate for each and every large trunk or footlocker.

[Amended 3-8-2010 by L.L. No. 2-2010]

E. Waiting time. A maximum rate to be charged for any and all authorized waiting periods.

§ 161-5. Application of fares for additional passengers.

The fares for additional passengers referred to in § 161-4 apply only to persons boarding the taxicab together and lighting therefrom at the same point. All other persons shall pay individual fares.

§ 161-6. Posting of fare zones and rates.

A notice setting forth the fare zones and maximum rates of fare as provided in §§ 161-4 and 161-5 and in the resolution referred to in § 161-4 shall be posted conspicuously in each taxicab.

§ 161-7. Overcharging prohibited.

No person shall charge or attempt to charge any passenger a greater rate of fare than that to which the taxicab is entitled under the provisions of this chapter.

§ 161-8. Refusal to convey passengers restricted.

Upon tender of proper fare therefor, no driver shall refuse or neglect to convey any orderly person or persons upon request anywhere in the Village, unless previously engaged or unable to do so.

§ 161-9. Soliciting of passengers.

A. No taxicab driver shall solicit passengers except while parked or standing at a taxicab stand and except when sitting in the driver's compartment of such taxicab or while standing immediately adjacent thereto, nor shall said driver solicit passengers in a loud or annoying tone of voice or by sign, nor shall he in any manner annoy, obstruct the movement of or follow any person for the purpose of soliciting patronage.

B. No taxicab driver or taxicab owner shall solicit employment by driving through the public streets, nor shall he cruise in search of passengers.

Article II. Licenses

§ 161-10. Driver's license required.

No person shall drive a taxicab within the limits of the Village without a valid driver's license issued under the provisions of this chapter.

§ 161-11. Requirements of applicant for driver's license.

Each applicant for a driver's license hereunder shall comply with the following:

A. He shall have a New York State chauffeur's license in full force and effect.

[Amended 3-8-2010 by L.L. No. 2-2010]

B. He shall be of good health and not subject to any infirmity of body or mind which might render him unfit for the safe operation of a vehicle servicing the public.

C. He shall furnish, on forms to be provided by the Village Clerk, affidavits of good character from two citizens of the Village, unless in the opinion of the Chief of Police, sufficient reason is given for omission thereof.

D. He shall fill out, upon a form to be provided by the Village Clerk, a statement giving his full name, dates and places of residence for the past five years, age, height, color of eyes and hair, place of birth, whether a citizen of the United States, places of previous employment, whether married or single, whether he has ever been convicted of a felony or misdemeanor or traffic infraction, whether he has been previously licensed as a driver or chauffeur, and if so, whether his license has ever been revoked, and for what cause, and the number of the chauffeur's license issued by the state, which statement shall be signed and sworn to by the applicant and filed with the Village Clerk as a permanent record.

E. He shall submit with the application three current personal photographs as the Village Clerk may direct.

F. He shall file with the application fingerprint impressions of the fingers of each hand, the impressions to be upon forms furnished by the Village Clerk and to be taken under his supervision or by someone designated by him.

§ 161-12. Examination of applicant for driver's license by Chief of Police.

An application for a taxicab driver's license shall be referred to the Chief of Police for examination and investigation; the Chief or his representative shall obtain a current driver's record check and shall require each applicant to demonstrate his or her knowledge of this chapter. If the results of the investigation or examination are unsatisfactory, the applicant shall be refused a license.

§ 161-13. Issuance and content of driver's license.

A. Upon satisfactory fulfillment of the requirements of §§ 161-11 and 161-12, there shall be issued to the applicant upon order of the Board of Trustees a license containing a photograph and signature of the licensee. Licenses shall be numbered in the order in which they are issued, signed by the Mayor and countersigned by the Village Clerk, and shall contain the name and residence of the licensee and the dates of issuance and expiration of the license.

B. For sufficient cause shown, the Mayor may issue a temporary permit to a driver for not longer than 20 days.

§ 161-14. Duration of driver's license.

Driver's licenses shall be issued as of the first day of February in each year and shall be valid to and including the last day of January next succeeding, unless previously suspended or revoked.

§ 161-15. Renewal of driver's license.

A driver's license may be renewed from year to year by endorsement thereon upon payment of the renewal fee therefor and approval of the application by the Chief of Police. At the time of renewal, such information may be required as will keep the data on the original application up-to-date.

§ 161-16. Fee for driver's license.

A fee in an amount to be established by the Board of Trustees by resolution shall be paid for a driver's license for one year or any part thereof or for a renewal of driver's license. Receipt of such fee shall be endorsed upon the license.

§ 161-17. Suspension or revocation of driver's license.

A driver's license issued under the provisions of this chapter may be suspended by the Mayor for violation of any provision of this chapter or any provision of the Vehicle and Traffic Law or other cause until the next meeting of the Board of Trustees, and thereupon said license, after a hearing, may be suspended, revoked or continued by said Board. No driver whose license has been revoked shall again be licensed except on presentation of reasons satisfactory to the Board of Trustees.

§ 161-18. Display of driver's license.

Drivers' licenses and temporary drivers' permits issued hereunder shall be displayed conspicuously by the licensee or permit holder at all times when operating a taxicab, and each such driver shall upon demand exhibit his license or temporary permit for inspection.

§ 161-19. Taxicab license required.

It shall be unlawful for any person to operate or permit to be operated a taxicab upon the streets of the Village without first having obtained therefor a taxicab license under the provisions of this chapter.

§ 161-20. Application for taxicab license.

Application for a taxicab license shall be made by the owner upon forms furnished by the Village Clerk and shall contain the following information:

A. The owner's name, age, residence and previous experience, if any, in such business.

B. The name, age and residence of the persons to be in operation of such taxicab.

C. The type and make of motor car to be used, the motor number, the state license number, the number of years the vehicle has been driven and the seating capacity.

D. Whether previously licensed to operate a taxicab and, if so, where.

E. Whether license to operate a taxicab has ever been revoked and, if so, for what cause.

F. Such other information as the Village Clerk may deem necessary.

§ 161-21. Duration of taxicab license.

Taxicab licenses shall be issued as of the first day of February in each year and shall be valid to and including the last day of January next succeeding, unless previously suspended or revoked.

§ 161-22. Issuance and contents of taxicab license card.

If upon inspection a taxicab is found to be in safe operating condition in accordance with the provisions of this chapter, and upon the payment of the license fee set forth in § 161-27, the same shall be licensed upon order of the Board of Trustees by delivering to the owner a card of such size and form as may be prescribed by the Village Clerk. The card shall contain the official license number of the taxicab, together with the date of inspection of the same, and the name of the owner, and shall be signed by the Mayor and countersigned by the Village Clerk.

§ 161-23. Display of taxicab license card.

A taxicab license card issued as provided in § 161-22 shall be conspicuously posted in the taxicab for which it has been issued.

§ 161-24. Fees for transfer or replacement of taxicab license.

A. If a taxicab shall become disabled, disqualified for service or sold, the Chief of Police shall permit the use of a license granted for such taxicab to be transferred and used for another, provided that such replacement vehicle complies with the provisions of this chapter and a fee is paid, as established by the Board of Trustees by duly adopted resolution.

B. If a license which has been granted for a taxicab is lost or destroyed, the Chief of Police shall issue and affix a replacement license for such vehicle, provided that it continues to comply with the provisions of this chapter and a fee is paid, as established by the Board of Trustees by resolution.

§ 161-25. Renewal of taxicab license.

A taxicab license may be renewed from year to year by endorsement thereon, upon payment of the renewal fee therefor and after inspection of the vehicle and approval of the application by the Chief of Police.

§ 161-26. Procedure upon change of state license number.

Should the state license number of a taxicab be changed during the term of the taxicab license, such change and number shall be immediately reported by the licensee to the Village Clerk.

§ 161-27. Fee for taxicab license.

A fee in an amount to be established by the Board of Trustees by resolution shall be paid for a vehicle for one year or any part thereof or for renewal of such license. Receipt of such fee may be endorsed upon the license.

§ 161-28. Suspension or revocation of taxicab license.

A taxicab license issued under the provisions of this chapter may be suspended by the Mayor for violation of any provision of this chapter or any provision of the Vehicle and Traffic Law or other cause until the next meeting of the Board of Trustees, and thereupon said license, after a hearing, may be suspended, revoked or continued by said Board.

§ 161-29. Maintenance of continuous service.

Every person licensed as a taxicab owner under this chapter shall maintain continuous service seven days each week, 24 hours each day, from at least one depot or terminal, except that individual owner-drivers shall maintain continuous service at least eight hours per day for at least five days each week.

§ 161-30. Assignability of licenses.

A license issued under the provisions of this chapter shall not be assignable.

§ 161-31. Unlawful use of license.

It shall be a violation of this chapter for any licensee hereunder to permit his license to be used by any other person or for any unlicensed person to use the license of another.

§ 161-32. Return of license upon discontinuance of operation.

Every person to whom a license has been issued under the provisions of this chapter shall, upon discontinuing and abandoning the operation or driving of a taxicab, return such license to the Village Clerk.

Chapter 164. TOWING

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 57-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Licensed businesses and occupations — See Ch. 107.
Vehicles and traffic — See Ch. 172.

§ 164-1. Soliciting towing work.

A. It shall be unlawful for any person to solicit towing work at the scene of any motor vehicle accident within the Village.

B. It shall be unlawful for any person to drive along any public street or highway within the Village for the purpose of soliciting towing work.

§ 164-2. License required; exception.

No person shall operate a truck or other type of motor vehicle designed to tow and capable of towing other motor vehicles for hire within the Village, unless a license shall first have been obtained for such truck from the Village Clerk as hereinafter provided, except that tow truck operators from outside the Village may enter the Village to remove a motor vehicle from any garage without a license but may not remove a motor vehicle from an accident scene or road site, and provided further that a tow truck owner or operator may tow his own vehicles within the Village without such license.

§ 164-3. Application information.

No such license shall be issued unless an application therefor shall have been filed with the Village Clerk upon a form prescribed therefor which shall include:

A. The name and address of the applicant and the address and place from which tow cars are proposed to be garaged and dispatched, specifying, in the case of any unincorporated association, the names and addresses of each member thereof and, in the case of any corporation, the names and addresses of each officer, director and stockholder thereof.

B. A statement that he has read and understands the provisions of this chapter and will abide by them if issued a license.

C. The age and citizenship of the applicant and each member thereof, if an unincorporated association, and each officer, director and stockholder thereof, if a corporation.

D. The registration number of the tow truck to be operated.

E. The amount of liability and property damage insurance on said tow truck, the name of the insurance company and the policy number.

F. The schedule of maximum prices the licensee agrees to charge during the term of the license for towing motor vehicles from points within the Village and for the legal storage of such vehicles at its public garage. Such schedule may be based upon the distance that each motor vehicle is to be towed, the weight of the vehicle towed and upon the time of day or night such services are performed.

G. Whether or not the licensee wishes to be placed on the nonaccident roster.

H. Other information. Material identifying the applicant physically and referencing of the applicant's good character and business responsibility, a record of traffic infractions and the location of a storage or impoundment facility to which vehicles are to be towed may be required on the application form.

§ 164-4. Evaluation of applicant; issuance of license.

If the Village Clerk finds upon investigation that the applicant is capable of properly conducting such tow truck business, is of good character and conforms to the provisions of this chapter, then the Village Clerk shall issue a license and medallion to be conspicuously displayed on said tow truck. In evaluating whether the applicant is of good character, the Clerk shall consider the following:

A. Whether the applicant has made a material misrepresentation in his application.

B. Whether the applicant's associated storage or impoundment facility is in violation of the zoning or building laws or other regulations.

C. Whether the applicant has been convicted of a misdemeanor in the operation of a motor vehicle, a misdemeanor in connection with the operation of a towing business or any felony.

§ 164-5. Number of licenses; places on accident roster.

No person may have more than one tow truck license. A licensee duly qualified shall have but one place on the accident roster and/or the nonaccident roster, although he may have several licensed tow trucks or places of business within the Village. For the purposes of this chapter, a garage owned by one or more individuals may have but one place on the accident roster.

§ 164-6. Expiration; transferability.

Each license issued pursuant to this chapter shall expire on the first day of January following the issuance thereof and is not transferable from one person to another.

§ 164-7. Fee for Village license.

[Amended 3-8-2010 by L.L. No. 2-2010]

The fee for such license or renewal thereof shall be in an amount established by the Board of Trustees by resolution. The fee is payable to the Village Clerk. Such license shall cover only one tow truck. Upon the return of the license to the Village Clerk by the licensee, the license fee will be returned to the licensee on a prorated basis.

§ 164-8. Information inscribed on truck.

On each side of every tow truck for which a license has been granted there shall be legibly inscribed in letters not less than three inches high the name and address of the licensee and the medallion number assigned to such tow truck by the Village Clerk.

§ 164-9. Right of owner to select licensee.

The owner of any motor vehicle, whether disabled by accident or otherwise, shall have the right to request assistance from any Village tow truck licensee, notwithstanding the next eligible licensee on the nonaccident or accident roster.

§ 164-10. Equipment on vehicles on nonaccident roster.

The tow trucks of licensees on the nonaccident roster shall be equipped at all times with emergency flashing amber lights visible from front and rear, a CO2 or dry-powder fire extinguisher with a minimum capacity of 15 pounds, a carton containing at least one dozen red railroad-type flares, a dolly and a shovel and a broom for clearing the highway of debris, if any. All equipment shall be maintained in good condition and in satisfactory working order.

§ 164-11. Disabled motor vehicles not involved in accident.

Motor vehicles not involved in accidents but which are otherwise disabled and which are disrupting the flow of traffic and whose owners do not otherwise request assistance from a licensee, or motor vehicles which are to be impounded for other reasons, shall be towed away by licensees from the nonaccident roster on a rotating basis. All vehicles directed to be impounded by a police officer will be towed to the place of impoundment designated by the police officer. In the event that a licensee is called pursuant to this section, it shall be unlawful for the licensee to charge more than the rate provided for in § 164-13A(6).

§ 164-12. Preparation and certification of nonaccident roster.

The Village Clerk shall prepare and certify the nonaccident roster to the Chief of Police in the order in which the aforesaid licensees applied.

§ 164-13. Qualification for placement on accident roster.

A. Any licensee, as hereinbefore provided, who further files with the Village Clerk on a form prescribed therefor, which shall include but not be limited to Subsection A(1) to (9) as described hereinafter, and who pays to the Village Clerk an additional fee in an amount to be established and which may be modified by resolution of the Board of Trustees, shall be placed upon an accident roster from which the Village Police Department shall call upon licensees to removed disabled vehicles from the scene of accidents within the Village. This additional fee shall be paid on the same terms as set forth in § 164-7. The information to be filed with the Village Clerk shall be as follows:

(1) That the licensee owns or leases by agreement with another, to terminate at a time after the expiration of the period for which the license is to be issued, a place of storage, impoundment or repair of towed vehicles within the Village. For the purposes of this section, an applicant who states that he maintains a place of business on the very same premises or real property owned by another licensee, and on which said other licensee maintains a place of business or on which another licensee maintains a place of business, or an applicant who states that he is a lessee of a licensee, shall not qualify for a place on the accident roster.

(2) That such public garage maintains twenty-four-hour service to answer emergency calls regarding motor vehicles from said location within the Village.

(3) No licensee shall assign or sublease his license to another entity nor use a tow truck owned by another to respond to accident calls.

(4) That the tow truck or trucks of such licensees are equipped with a lifting boom on the rear of the truck with a minimum ton-and-a-half power winch, equipped with 150 feet of three-eighths-inch steel cable; dual rear wheels; a CO2 or dry-powder fire extinguisher with a minimum capacity of 15 pounds; a crowbar; emergency flashing amber lights, visible from front and rear; a broom, a hacksaw, an ax, a dolly, a shovel and a carton containing at least one dozen red railroad-type flares.

(5) That each tow truck is covered with appropriate amounts of automobile and comprehensive liability insurance, property damage insurance and garage liability insurance. The amounts of such insurance coverages shall be established from time to time by resolution of the Board of Trustees.

(6) That the licensee agrees to charge no more than the maximum rates established by resolution of the Board of Trustees for the following services for towing from the accident scene to his/her place of business or to any other place within the Village of Amityville designated by the owner or operator of the motor vehicle, regardless of the distance when called by the Police Department:

(a) For all passenger cars regardless of weight and other vehicles four tons and lighter:

[1] Monday through Friday from 9:00 a.m. to 5:00 p.m.

[2] At all other times which shall include holidays, i.e., New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans' Day, Thanksgiving Day and Christmas Day.

[Amended 1-24-2011 by L.L. No. 1-2011]

(b) For dollying. "Dollying" means, for the purpose of this section, to remove or convey on a dolly.

(c) For winching at a per-one-half-hour rate, up to a maximum amount. "Winching" means, for the purpose of this section, to hoist, haul or push by a winch not connected to a boom.

(d) For labor to upright an overturned motor vehicle.

(e) For flatbed towing. In those cases where a damaged passenger vehicle cannot be towed from an accident scene and the use of a flatbed tow truck is requested by a police officer, maximum rates shall be estimated for:

[1] Monday through Friday, 9:00 a.m. to 5:00 p.m.

[2] All other times.

(7) All disabled vehicles towed by the licensee shall be taken to the place of business of the licensee within the Village.

(8) That the licensee may charge a per-diem rate for storage. The maximum per-diem rate shall be established and may be modified by resolution of the Board of Trustees.

(9) That the person agrees to respond to all calls of the Police Department as hereinafter provided regardless of the hour of day or distance to the scene, provided that its equipment is not otherwise employed.

B. The Board of Trustees may remove from the duty list provided for above any operator whom the Board of Trustees shall determine after a public hearing has failed to abide by any one of the requirements set forth in Subsection A of this section.

§ 164-14. Preparation and certification of accident and subaccident rosters.

The Village Clerk shall prepare and certify the accident roster to the Police Department in the order in which the aforesaid licensees applied. In addition, he shall prepare and certify a subaccident roster composed of licensees who have extra-large equipment, which equipment is capable of righting and towing a vehicle of three tons or more.

§ 164-15. Designation of licensees on rotating basis; posting of rosters.

The Chief of Police, or his designee, is hereby authorized to designate licensees from the accident roster on a rotating basis for the purpose of towing motor vehicles from the scenes of accidents. In the event that extra-large towing equipment is needed, he will designate a licensee from the subaccident roster without changing the licensee's place on the accident roster. The above-mentioned rosters shall be posted in a public place to be chosen by the Police Chief during the hours of 9:00 a.m. to 5:00 p.m., except Saturdays, Sundays and holidays.

§ 164-16. Failure to answer call of Police Department.

A licensee who does not answer the call of the Police Department or is not available when called shall lose his turn on the accident roster and must wait for the roster to be called in its entirety before he is eligible to be called again.

§ 164-17. Responsibility to clean up debris.

A licensee called to the scene of an accident, if necessary, must sweep away or clean up any debris, but only if he is provided with police protection against moving vehicles at the scene.

§ 164-18. Assignment of places on rosters by licensee prohibited.

It shall be unlawful for a licensee to assign his place on the roster to any other licensees or other person on the accident or nonaccident roster.

§ 164-19. Accidents requiring more than one tow truck.

If more than one tow truck is needed at the scene of an accident, the Police Department shall call the next licensee in rotation. In that event, the choice of disabled motor vehicles to be towed shall be determined by the licensee in the order in which the licensee was called irrespective of the time he arrives on the accident scene. The first licensee to appear on the scene shall, however, assist the police officer in clearing the motor vehicles from the public highway onto the shoulders or side of the highway.

§ 164-20. Unauthorized towing at accident scene prohibited.

It shall be unlawful for any person who is not designated from the accident roster, as aforesaid, and who does not have the prior consent and direction of the police officer at the scene, to tow away any motor vehicle which has been involved in an accident. The police officer in every case will determine when the aforesaid motor vehicle shall be removed.

§ 164-21. Failure of licensee on accident roster to tow or appear.

It shall be unlawful for any licensee on the accident roster to willfully refuse to tow away a motor vehicle after having appeared upon the accident scene, or to fail to arrive at the accident scene, after being duly designated and notified as hereinbefore provided, regardless of the hour of day or distance to the scene of the accident, provided that his equipment is not otherwise employed or the licensee is physically incapacitated. A violation of this section shall result in an automatic suspension from the accident roster for 60 days.

§ 164-22. Overcharging prohibited.

It shall be unlawful for any licensee to charge any person more than the maximum prices set forth in its application for the towing and storage of disabled motor vehicles.

§ 164-23. Revision of price schedule.

The schedule of maximum prices to be charged may be revised at the time application is made for a renewal of the license.

§ 164-24. Suspension or revocation of license; hearing required.

A. Any license issued hereunder may be suspended by the Board of Trustees if the licensee thereof shall violate any provision of this chapter, any rule or regulation adopted hereunder or any local law of the Village or if the licensee is convicted of the violation of any traffic law, ordinance or regulation of the State of New York or of any municipality of the State of New York or of any crime or is guilty of making a false statement or misrepresentation in his application. Any license issued hereunder shall be suspended by the Board of Trustees if the holder thereof shall be convicted of the commission of any crime or offense.

B. No license shall be either suspended or revoked by the Board hereunder without a public hearing thereon, held not less than 15 days after written notice thereof shall have been given to the licensee, either in person or by certified mail, addressed to the licensee at the address shown upon the most recent application of said licensee.

[Amended 3-8-2010 by L.L. No. 2-2010]

§ 164-25. Hearings.

A. Date, time and place. Whenever it shall be provided herein that a hearing shall be held, such hearing shall be held on a date and at a place and hour designated by the Board of Trustees.

B. Notice. The Village Clerk shall give notice thereof, stating the name and address of the applicant or licensee concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant or licensee concerned at the address shown upon the most recent application of such applicant or licensee at least 15 days before such hearing.

C. Publication of notice. The notice required in Subsection B of this section shall also be published, at least once a week for two successive weeks, in the official newspaper of the Village, the first publication to be at least 15 days before such hearing.

D. Rights of parties. Upon any hearing, the applicant or licensee involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.

E. Examination of witnesses. All witnesses shall be sworn and examined under oath.

§ 164-26. Authorization for estimates and repairs.

No agreement between the owner or authorized operator of a vehicle to be towed under this chapter and a licensee under this chapter for the preparation of an estimate of the cost of repairs to said vehicle, or for the performance of such repairs, shall be enforceable by a licensee hereunder without a signed writing to that effect executed by the vehicle owner, not earlier than 48 hours after initial agreement, affirming such agreement.

§ 164-27. Towing authorization.

No vehicle involved in an accident or otherwise disabled shall be removed without an authorization on a form prescribed by the Village signed by the owner of the vehicle or police officer in charge thereof. Such authorization shall be for the towing and storage of the vehicle only and shall show the rates to be charged for towing and storing said vehicle. Such signed authorization shall be retained by the licensee for a period of six months and shall be exhibited upon demand to an official of the Village or any member of the Police Department. The towing authorization required hereunder must be in the following form:

TOWING AUTHORIZATION

(Insert name, address and phone number of licensee)

Date ____________________

Name ___

___

(City)

Town ___

Address ___

Make and Type of Car ___

Year ________

State Registration No. ___

Towing Charges ___________________

(Amount not in excess of charge shown on filed schedule)

Tow Car Driver's Name ___

Address ___

License No. ________________________

Medallion Number of Licensee _________________________

State Registration

I authorize the towing of the above automobile to the following place:

______________________________________

Signature of Owner or Police Officer in Charge

§ 164-28. Form and contents of towing bill.

A licensee shall have prepared a pad of bills containing a printed billhead showing the name and address of his place of business. A licensee shall prepare a bill on this billhead form, in duplicate, the original of which shall be furnished to the owner of the disabled vehicle or his authorized representative. This bill must be printed in a form approved by the Village Clerk and shall contain the following information:

A. The full name and address of the person engaging the tow truck.

B. The registration number of the disabled vehicle.

C. The total amount to be charged for towing and storage rate per 24 hours or part thereof.

D. The full name and address of the operator of the tow truck.

E. The registration number of the tow truck.

F. The licensee's medallion number.

§ 164-29. Retention and exhibition of bill; receipt for payment.

The duplicate of the bill shall be retained by the licensee for a period of six months. These bills shall be exhibited upon demand to any official of the Village or any member of the Village Police Department. Upon payment of the bill given to the owner of the disabled vehicle or his authorized representative, the licensee shall acknowledge receipt of payment of such bill.

§ 164-30. Notification of sale or other disposition of licensed truck.

Every owner upon the sale or other disposition of a licensed tow truck shall, within 24 hours, notify the Village Clerk of such sale or other disposition and surrender the license or licenses.

Chapter 166. TRAILERS AND STORAGE CONTAINERS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 58-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Zoning — See Ch. 183.

§ 166-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
RECREATIONAL VEHICLE
A self-propelled vehicle which is or can be used as living or sleeping quarters for one or more persons, having a gross weight in excess of 10,000 pounds or an overall length in excess of 30 feet.
STORAGE CONTAINER
A container designed or used to store or keep goods, building materials, equipment or other personal property, provided that a storage container shall not include containers used for garbage, refuse or debris.
TRAILER
A vehicle, not propelled by its own power, which is capable of being drawn on the public highways by a motor vehicle, including but not limited to non-self-propelled vehicles used as living or sleeping quarters, as offices or for storage or construction purposes, but excluding vehicles used to carry boats.

§ 166-2. Storage or parking of trailers and storage containers.

A. It shall be unlawful for any person owning any land within the Village or occupying the same as a tenant or otherwise to use or permit such land, or any part thereof, to be used for storage or parking of a trailer, recreational vehicle or storage container without the approval of the Board of Trustees.

B. The presence of any such trailer, recreational vehicle or storage container upon any land in the Village shall be presumptive evidence that same is stored or parked thereon in violation of this section and with the express knowledge and consent of the owner of the land, the lessee of the land, if any, and the owner and/or custodian of the trailer or storage container.

C. This section shall not prohibit the parking of any recreational vehicle or camper having a gross weight of less than 10,000 pounds or an overall length of less than 30 feet by the owner thereof upon the premises where such owner actually resides, provided that such vehicle or camper shall not be used for living or sleeping quarters on such premises.

§ 166-3. License required; application; investigation.

Any person owning any land within the Village or occupying the same as a tenant or otherwise who shall hereafter desire to use or permit such land or any part thereof to be used for the storage or parking of a trailer, recreational vehicle or storage container not otherwise excluded in this chapter shall, before such use is made, obtain a license therefor in the following manner:

A. Application in writing shall be made to the Village Clerk for the issuance to the applicant of a license, which application shall state and illustrate in detail, by means of such documentation, plans, surveys and visual aids as are required by the Board of Trustees, the particulars of applicant's request.

B. Upon receiving the application, the Village Clerk shall present the same to the Board of Trustees, and the Board of Trustees shall thereupon investigate the merits of the applicant's request. If the Board of Trustees shall, after its investigations, be satisfied that appropriate conditions can be imposed upon the applicant which will protect the health, safety and welfare of the residents of the surrounding area and that the proposed use will be in harmony and accordance with the general purpose, intent, Comprehensive Plan and design set forth in the Code, will be in accordance with the character of the district and its peculiar suitability for the proposed use and will serve to conserve the value of buildings and land and encourage the most appropriate use of land throughout the Village, then the Board shall issue or cause to be issued a license signed by the Mayor and countersigned by the Clerk.

§ 166-4. License fee; duration of license; exception.

A. The fee for a license required as provided in § 166-3 shall be based on the size of the trailer, recreational vehicle or storage container, measured in square feet. The rates per square foot for trailers, recreational vehicles and storage containers shall be set by the Board of Trustees by resolution from time to time.

B. The license granted under this chapter for a trailer or recreational vehicle shall be valid for one year from June 1 and shall expire on the next succeeding May 31, unless the Board of Trustees shall limit the term to a shorter period. The license granted for a storage container shall be valid for 90 days from issuance, unless the Board of Trustees shall limit the term to a shorter period. Renewal of said licenses may be granted upon written application in the discretion of the Board of Trustees.

C. Where use is made of any land or any part thereof for storage or parking of a trailer or storage container prior to obtaining approval of the Board of Trustees, the fee will be doubled.

D. The Board of Trustees may modify or waive the required fee in its discretion and may establish separate fees for temporary storage containers approved for a period of less than 90 days.

§ 166-5. Mobile home trailer parks prohibited.

It shall be unlawful for any person to establish, maintain, operate or conduct a mobile trailer park or camp for hire for the accommodation of one or more mobile homes or trailers used or arranged to be used for living or sleeping quarters.

Chapter 171. VEHICLES, ABANDONED

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 59-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Garbage, rubbish and refuse — See Ch. 97.
Vehicles and traffic — See Ch. 172.

§ 171-1. Application of § 1224 of Vehicle and Traffic Law.

The provisions of § 1224 of the Vehicle and Traffic Law, and any amendments or subdivisions thereof, shall apply to the determination, treatment and disposal of any vehicles which are abandoned within the Village.

§ 171-2. Conversion of unclaimed vehicles to Village use.

The Village may convert, in any calendar year, up to 1% of its unclaimed abandoned vehicles or two such vehicles, whichever is greater, to its own use.

§ 171-3. Prohibitions.

A. No person shall abandon a vehicle within the Village.

[Amended 3-8-2010 by L.L. No. 2-2010]

B. No person other than one authorized by the Village shall destroy, deface or remove any part of a vehicle which is left unattended on a highway or other public place without number plates affixed thereto or which is abandoned.

§ 171-4. Liability for costs; charges.

The last owner of record of an abandoned vehicle shall be liable to the Village for the costs of removal and storage of such vehicle. The charge for such storage shall be established and modified from time to time by resolution of the Board of Trustees.

Chapter 172. VEHICLES AND TRAFFIC

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 60-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Streets, sidewalks and driveways — See Ch. 152.
Taxicabs — See Ch. 161.
Abandoned vehicles — See Ch. 171.

Article I. General Provisions

§ 172-1. Authority to post signs; prosecution of violations.

All existing signs, signals, markings and devices posted pursuant to an order of the Board of Trustees shall be deemed to have been posted under authority granted by this chapter and by the Vehicle and Traffic Law, and the posting thereof is hereby ratified and confirmed. All violations of the directions on said signs, signals, markings and devices presently erected or hereafter to be erected shall be prosecuted as violations of this chapter.

§ 172-2. Authority of Police Chief.

The Chief of Police is hereby authorized and directed to designate in the public streets and municipal parking fields of the Village such areas for safety zones, parking spaces, handicapped parking spaces, bus, cab or taxi stands and stops, fire hydrant zones, driveway and other nonparking zones as, in his discretion, may be required by the interests and convenience of the inhabitants of the Village and shall cause such zones, spaces and stands to be marked in a suitable manner to indicate the proper or prohibited uses therein.

§ 172-3. Traffic rules and regulations for certain private property.

Pursuant to the written request of the Chief of the Amityville Fire Department, or the owner or other person in general charge of the operations or control of a shopping center, hospital, private apartment house complex or private condominium complex, the Chief of Police is hereby authorized to regulate traffic and parking in the private streets, roadways, driveways and parking area of such premises as follows:

A. Order stop signs, flashing signals or yield signs erected at specified entrance or exit locations to any such area or designate any intersection in such area as a stop intersection or as a yield intersection and order like signs or signals at one or more entrances to such intersection.

B. Regulate traffic in any such area, including regulation by means of traffic-control signals.

C. Establish maximum speed limits in any such area at not less than 15 miles per hour.

D. Prohibit or regulate the turning of vehicles or specified types of vehicles at intersections or other designated locations in any such area.

E. Regulate the crossing of any roadway in any such area by pedestrians.

F. Designate any separate roadway in any such area for one-way traffic.

G. Prohibit, regulate, restrict or limit the stopping, standing or parking of vehicles in specified areas of any such area.

H. Designate safety zones in any such areas.

I. Designate handicapped parking spaces in any such areas.

J. Provide for the removal and storage of vehicles parked or abandoned in any such area during snowstorms, floods, fires or other public emergencies, or found unattended in any such area, where they constitute an obstruction to traffic or where stopping, standing or parking is prohibited, and for the payment of reasonable charges for such removal and storage by the owner or operator of any such vehicles.

K. Adopt such additional reasonable rules and regulations with respect to traffic and parking in any such area as local conditions may require for the safety and convenience of the public or the users of any such area.

§ 172-4. Compliance with regulations required.

No person shall operate or park any motor vehicle in violation of any provision of this chapter.

§ 172-5. Operation of bicycles.

A. Use on sidewalks. No person shall ride a bicycle or similar vehicle upon the sidewalks within the limits of the Village.

§ 172-6. (Reserved)

Article II. Traffic Regulations

§ 172-7. Stop intersections.

The intersections described in Schedule I (§ 172-48) are hereby designated as stop intersections, and conspicuous signs or signals shall be displayed at such intersections.

§ 172-8. Stop point locations.

The locations described in Schedule II (§ 172-49) are hereby designated as stop point locations, and conspicuous signs or signals shall be displayed at such locations.

§ 172-9. One-way streets.

The streets or parts of streets described in Schedule III (§ 172-50) are hereby designated as one-way streets, and vehicles shall proceed along those streets or parts of streets only in the direction indicated. Conspicuous signs or signals shall be displayed on such streets.

§ 172-10. Dangerous speeds prohibited.

No person shall operate a motor vehicle upon a public street or highway in the Village at such speed as to endanger the life, limb or property of any person or at a rate of speed greater than will permit such person to bring the vehicle to a stop safely.

§ 172-11. Speed regulations.

Thirty miles per hour is hereby established as the maximum speed at which vehicles may proceed on the streets within the Village, except that the speed limit for vehicles proceeding on or along those streets or parts of streets described in Schedule IV (§ 172-51) shall be as indicated in said schedule.

§ 172-12. Designation of reduced speed zones.

A rate of speed of a motor vehicle in excess of the maximum limits as hereinafter provided in this section shall be unlawful within the Village:

A. Fifteen miles per hour: when traveling within a school zone during the school noon hour, school recess or while children are going to or leaving school during opening or closing hours, when such limit and zone are properly signposted.

B. Twenty-five miles per hour: where traffic is controlled by a peace officer or traffic control signal or when passing a hospital or church building.

C. Twenty-five miles per hour: when approaching or entering an intersection within a business or residential district where such intersection is not controlled by a peace officer or traffic control signal.

§ 172-13. Traffic control signals.

Traffic control signals shall be installed, maintained and operated at the locations described in Schedule V (§ 172-52).

§ 172-14. Yield intersections.

[Amended 3-8-2010 by L.L. No. 2-2010]

The intersections described in Schedule VI (§ 172-53) are hereby designated as yield streets, traffic on which shall yield the right-of-way to pedestrians and vehicular traffic on the other highways, and conspicuous signs or signals shall be displayed at such intersections.

§ 172-15. Truck exclusions on no-through-trucking streets.

No person shall drive or operate any motor vehicle, which vehicle is in excess of 2 1/2 tons unladen weight, on the streets or parts thereof in the Village of Amityville described in Schedule VII (§ 172-54), which streets or parts thereof are further hereby designated as no-through-trucking streets. The restrictions contained in this section will not apply in situations where the vehicle must stop at a location on such street or part thereof to make a pickup or a delivery. Conspicuous signs or signals shall be displayed, consistent with the Vehicle and Traffic Law and regulations, on such streets.

§ 172-16. Truck exclusions.

No person shall drive or operate any motor vehicle, which vehicle is in excess of 2 1/2 tons unladen weight, within the Village on the streets or parts thereof described in Schedule VIII (§ 172-55).

§ 172-17. Prohibited turns at intersections.

No person shall make a turn of the kind designated (left, right, all) at any of the locations described in Schedule IX (§ 172-56).

§ 172-18. U-turns.

The turning of vehicles so as to proceed in the opposite direction (otherwise known as a U-turn) is hereby prohibited on any of the streets or parts of streets described in Schedule X (§ 172-57).

§ 172-19. Prohibited turns on red signal.

In accordance with the provisions of § 1111(d)(2) of the Vehicle and Traffic Law, no person shall make a right turn on a steady red signal at the locations designated in Schedule XI (§ 172-58).

Article III. Parking

§ 172-20. Penalties for parking violations.

A. Fines, summonses; late charge.

(1) Any person who shall violate § 172-23 (Handicapped parking space violations) of this Code shall be subject to a fine of $100, plus the mandatory surcharge.

(2) Any person who shall violate § 172-25 (Fire hydrant and fire zone parking violations) of this Code shall be subject to a fine of $100 plus the mandatory surcharge.

(3) Any person who shall violate any other provision of this chapter relating to parking shall be subject to a fine of $25.

(4) A summons must be answered within 15 days of issuance by endorsing a plea of guilty or not guilty in the indicated place thereon and returning said endorsed summons to the court. If the defendant enters a plea of guilty, the defendant will pay the applicable fine set forth on the summons. The fine may be paid by mail with the plea of guilty or in person at the office of the Court Clerk. If a plea of not guilty is entered, the defendant will be notified of a court appearance date for trial. In the event that the defendant fails to answer the summons or fails to pay the fine or fails to appear on the scheduled court appearance date, or in the event that the defendant timely appears in court, is found guilty of a violation of this chapter and then fails to pay the fine within the time prescribed by the court or within 30 days thereafter if no specific date is prescribed, the fine shall be doubled. If such fine remains unpaid 60 days after the issuance of the summons or the imposition of a fine by the court after a determination of guilt, then the fine shall be three times the amount provided for on the summons. If such fine remains unpaid 90 days after the issuance of said summons or the determination of guilt, an administrative fee of $20 shall be added to the amount already due herein.

B. Upon the defendant's failure to pay the fine prior to the court date or on the court date, or upon the defendant's failure to pay the fine within the time prescribed by the court, a delinquency notice shall be sent to the defendant at the address given by the defendant to the Department of Motor Vehicles at the time the defendant registered a motor vehicle under the licensee plate number shown on the summons.

C. After said delinquency notice has been sent, an additional late charge of $25 shall be added to the fine and initial late charge in the event that the defendant fails to appear in court or pay the fine and initial late charge within 45 days of the court date set forth on the summons or within 15 days of the date on which said delinquency notice is sent, whichever is later.

D. The Village Justice may waive the late charge under such circumstances as he deems proper. Failure to respond to a parking summons may also result in the issuance of a warrant for arrest, denial of registration or renewal application and assessment of further penalties as provided by applicable law.

§ 172-20.1. Immobilization of vehicles of parking scofflaws.

A. Police officers of the Village of Amityville are hereby authorized to and shall immobilize any motor vehicle parked in violation of an applicable parking law, regulation or duly posted sign, on which there are three or more outstanding parking summonses, warrants for nonappearance or unpaid fines. Said officers shall immobilize such vehicle by use of a wheel lock or other immobilization device which shall prevent said vehicle from being moved on its own until and unless such device is removed.

B. Any vehicle immobilized pursuant to Subsection A shall be promptly released to its owner by the Police Department upon the posting of a cash bond equal to the potential fines for outstanding summons and unpaid fines and penalties already imposed, together with an administrative immobilization fee of $30, or, in the alternative, upon disposition of such summonses by a plea of guilty and payment in full of the appropriate fines and penalties and such administrative fee. If all of such summonses are dismissed or the defendant is found not guilty, said bond shall be returned and such administrative fee shall be waived.

C. At the time said vehicle is immobilized, the police officer shall affix to the windshield of such vehicle a notice containing the following information:

(1) The location and identifying characteristics of the vehicle.

(2) Date and time of placement of the device and signature of the installer.

(3) Notice that further parking restrictions will be waived during the immobilization period.

(4) Notice that any person tampering with the device or the vehicle will be subject to prosecution and liable for any loss to the Village.

(5) The procedure to obtain the release of the vehicle.

(6) Such other information as the Chief of Police shall from time to time deem necessary.

D. Any person who tampers with, removes or damages an immobilization device, or moves or attempts to move a vehicle upon which such device has been installed by the police, shall be guilty of an offense punishable as provided in § 1-9 of this Code.

§ 172-21. Compliance with signs and instructions required.

No person shall park an automobile or other vehicle on the grounds of any public park, bathing beach, public parking field or other public place in the Village contrary to posted signs or instructions of the Police Department or Board of Trustees indicating the manner of such parking, or contrary to the instructions of any police officer or other person in charge of such parking field or public place.

§ 172-22. Parking on state highways.

On state highways, parking shall be parallel to the curb, and the spaces shall be so marked as to conform to state traffic regulations.

§ 172-23. Handicapped parking space violations.

It shall be a violation for any person to stop, stand or park a vehicle in any area designated as a space for handicapped parking unless the vehicle bears a permit issued under § 1203-a of the Vehicle and Traffic Law or a registration issued under § 404-a of the Vehicle and Traffic Law, and such vehicle is used for the transportation of a severely disabled or handicapped person.

§ 172-24. Limited-time parking.

The parking of vehicles is hereby prohibited in the locations described in Schedule XII (§ 172-59) for a longer period of time than that designated, during the hours indicated, provided that said time limit shall not be applicable upon those portions of said streets where parking meters have been installed and are in operation.

§ 172-25. Fire hydrant and fire zone parking violations.

It shall be a violation for any person to stop, stand or park a vehicle in any area marked as a fire hydrant or fire safety zone or in such a way as to block access by a fire vehicle to a fire hydrant from the street adjacent to such hydrant.

§ 172-26. Overnight parking.

A. Restrictions. No vehicle shall be parked or permitted to stand unattended on a public highway in the Village between the hours of 3:00 a.m. and 6:00 a.m. unless a permit therefor has first been obtained from the Board of Trustees and there is conspicuously affixed to or displayed on such vehicle a sticker, tag or other identification in such form and manner as shall be prescribed by the Village Clerk.

B. Emergency provisions. Informal requests for on-street overnight parking may be authorized by the officer in charge of the Police Department for no more than two nights per year per household without charge to the owner of the vehicle.

C. Temporary permits. In the event that any household requires permission for on-street overnight parking for more than two nights but not more than 30 nights per year, such request may be authorized by the Chief of Police or the Village Clerk. In such cases, a temporary permit will be issued, the fee for which shall be established and modified from time to time by resolution of the Board of Trustees. Not more than one temporary permit will be issued per vehicle each year.

D. Fees. The fee for overnight parking permits shall be established by the Board of Trustees by resolution.

E. Issuance and transferability of permit. All permits for such parking shall be issued by the Village Clerk in accordance with applications and forms therefor approved by the Board of Trustees. Such a permit shall be issued only to a person residing in an area in the Village where, as determined by the Board of Trustees, adequate off-street parking is not available. No permit shall be transferable from one owner to another or from one vehicle to another.

F. Suspension and revocation of permit. Permits granted under this section may be suspended by the Mayor until the meeting of the Board of Trustees first ensuing after such suspension and may be revoked at any time by the Board of Trustees if the owner, operator or driver of the vehicle for which a permit has been issued shall have violated any of the provisions of this section, any stipulations imposed on such permit, or shall be found to be no longer qualified to hold such permit.

G. Limitations on permit. No permit issued pursuant to this section shall authorize the holder thereof to park or permit to stand unattended any vehicle on a public highway within the Village during any snowstorm, flood, fire or other public emergency or shall restrict the authority of the Department of Public Works or the Police Department of the Village to remove the same.

H. Exceptions. The ban on overnight parking shall not apply to the parking of any vehicle used by a clergyman, practicing physician, public official or employee, public utility repairman or other person while rendering an essential service during an emergency.

I. Notice of overnight parking prohibition. Signs so limiting the hours of parking shall be placed at the points of entry into the Village, said points of entry to be designated by the Board of Trustees, and at such other locations as the Board of Trustees may from time to time designate by resolution.

§ 172-27. Overnight parking permit application fee.

[Amended 3-8-2010 by L.L. No. 2-2010]

Upon the filing of any application for an on street overnight parking permit in accordance with § 172-26, there shall be paid to the Village Clerk a fee to be established by the Board of Trustees by resolution.

§ 172-28. Repair and washing of vehicles on street.

It shall be unlawful to make repairs to any vehicle or to park or store any vehicle for the purpose of making repairs in any public street or public place in the Village, except in the case of emergency repairs. It shall be unlawful to park or store any vehicle to paint, wash or clean the same or part thereof in any public street or public place in the Village.

§ 172-29. Parking for advertising purposes.

It shall be unlawful to park or store any vehicle for the purpose of advertising in any public street or public place in the Village.

§ 172-29.1. Miscellaneous parking violations.

It shall be a violation for any person to stop, stand or park a vehicle on any street in the Village in one or more of the following ways:

A. Blocking all or any part of a designated pedestrian crosswalk.

B. Double parking, stopping or standing.

C. Parking, stopping or standing in a direction opposite to the direction of traffic.

D. Parking, stopping or standing more than 12 inches from the curb or an outside edge of the paved surface of any street without curbing.

Article IV. Metered Parking

§ 172-30. Parking Meter Zone A.

A. The named and described areas, streets or portions of streets, lying within the corporate limits of the Village, as described in Schedule XIV (§ 172-61), shall constitute Parking Meter Zone A.

B. In Parking Meter Zone A, parking or standing a vehicle in a designated space shall be lawful for 30 minutes upon deposit of a $0.25 coin, 60 minutes upon the deposit of two $0.25 coins, 90 minutes upon the deposit of three $0.25 coins, 120 minutes upon the deposit of four $0.25 coins of the United States of America.

C. The hours of operation of said parking meters shall be every day between 9:00 a.m. and 6:00 p.m., except Sundays and holidays.

D. The term "holiday" shall include the following days only:

[Amended 1-24-2011 by L.L. No. 1-2011]

New Year's Day

Presidents' Day

Memorial Day

July 4

Labor Day

Columbus Day

Election Day

Veterans' Day

Thanksgiving Day

Christmas Day

§ 172-31. Parking Meter Zone B.

A. The named and described areas within the corporate limits of the Village as described in Schedule XV (§ 172-62) shall constitute Parking Meter Zone B. Such areas shall be those Village streets or municipal parking fields or portions thereof that may be so designated by resolution of the Board of Trustees in the public interest and as conditions require.

B. In Parking Meter Zone B, parking or standing a vehicle in a designated space shall be lawful for 12 consecutive hours upon deposit of four $0.25 coins of the United States of America.

C. The hours of operation of said parking meters shall be every day, 24 hours a day.

D. The term "holiday" shall include the following days only:

[Amended 1-24-2011 by L.L. No. 1-2011]

New Year's Day

Presidents' Day

Memorial Day

July 4

Labor Day

Columbus Day

Election Day

Veterans' Day

Thanksgiving Day

Christmas Day

§ 172-32. Marking of parking spaces; parking within marks required.

The Board of Trustees is hereby directed and authorized to mark off individual parking spaces in the parking meter zones designated and described in §§ 172-30 and 172-31 hereof and in such other zones as may hereafter be established, said parking spaces to be designated by lines painted or durably marked upon the curbing or surface of the street. At each space so marked it shall be unlawful to park any vehicle unless said vehicle shall be entirely within the limits of the space so marked.

§ 172-33. Signal on meters designating legal parking and expiration.

Each parking meter shall be so set as to display a signal showing legal parking upon the deposit of the appropriate coin or coins, lawful money of the United States of America, for the period of time prescribed by this article. Each meter shall be so arranged that, upon the expiration of the lawful time limit, it will indicate by a proper visible signal that the lawful parking period had expired, and in such case the right of such vehicle to occupy such space shall cease and the operator, owner or person in charge thereof shall be subject to the penalties hereinafter provided.

§ 172-34. Violations of provisions enumerated.

It shall be unlawful and a violation of the provisions of this article for any person to:

A. Cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person to be parked overtime or beyond the period of legal parking time established for any parking meter zone as herein described or to deposit in any parking meter any coin for the purpose of parking beyond the maximum legal parking time for the particular parking meter zone.

B. Permit any vehicle to remain or be placed in any parking space adjacent to any parking meter while said meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space.

C. Park any vehicle across any line or marking of a parking meter space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings.

D. Deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed under the provisions of this article.

E. Deposit or cause to be deposited in any parking meter any slug, device or metal substance or other substitute for lawful coins.

§ 172-35. Enforcement of provisions.

It shall be the duty of the Police Department to enforce the provisions of this article.

§ 172-36. Construal of provisions; requirements for commercial vehicles.

Nothing in this article shall be construed as prohibiting the Village from providing for bus stops, taxicab stands and similar matters, including the loading or unloading of trucks, vans or other commercial vehicles, except that it shall be lawful for commercial trucks, delivery cars or motor vehicles of public service companies or municipalities to park in the parking meter zones to load or unload the same or while the operator is engaged in the business of such public service company or municipality for a period not to exceed 30 minutes.

Article V. Municipal Parking Fields

§ 172-37. Definitions.

As used in this article, the following terms shall have the meanings indicated:
YEAR
The period from February 1 of one year to January 31 of the next succeeding year.

§ 172-38. Parking fields designated.

The municipal parking fields shall be as designated in Schedule XVI (§ 172-63). Signs shall be posted indicating the location of such municipal parking fields and what parking restrictions apply, if any, in such parking fields.

§ 172-39. Parking license required for certain fields.

Municipal Parking Fields No. 1, No. 2 and No. 8, except as to that portion thereof in which parking meters are installed, are hereby designated as parking fields where vehicles shall be permitted to park only after the procuring of a license as hereinafter provided, except that vehicles without such licenses shall be permitted to park in Field No. 8 for up to four hours during the hours from 6:00 a.m. to 6:00 p.m.

§ 172-40. Issuance and display of parking licenses.

All parking licenses shall be issued by the Village Clerk based upon a showing of proof of residence and ownership of the vehicle for which a permit is sought. The Clerk shall issue a numbered license indicating the year for which the same shall be issued, and such license shall be conspicuously displayed on said vehicle.

§ 172-41. Fees for parking licenses.

A. Residents. The annual fee for each parking license issued hereunder to the residents of the Village shall be established by the Board of Trustees by resolution. The fee for each half-yearly license, which may be applied for on or after August 1 shall be established by the Board of Trustees by resolution.

B. Nonresidents. The annual fee for each parking license issued hereunder to a nonresident of the Village shall be established by the Board of Trustees by resolution. The fee for each half-yearly license for a nonresident which may be applied for on or after August 1 shall be established by the Board of Trustees, by resolution.

§ 172-42. Issuance of half-yearly license.

No half-yearly license hereunder shall be issued, either to a resident or to a nonresident, before August 1 of each year.

§ 172-43. Transfer of parking license.

[Amended 1-24-2011 by L.L. No. 1-2011]

A parking license issued hereunder shall not be transferable from one vehicle to another vehicle; provided, however, that in the event that a licensee shall sell or transfer his motor vehicle during the year, such license may be transferred to any other motor vehicle owned or leased by said licensee upon payment of an additional fee as set by resolution by the Board of Trustees.

§ 172-44. Replacement of lost and mutilated licenses.

[Amended 1-24-2011 by L.L. No. 1-2011]

A parking license issued hereunder shall be kept by the licensee in the approved location in good condition, and if such plate, tag or sticker becomes lost or mutilated, the licensee shall immediately secure a new license from the Village Clerk upon the payment of an additional fee as set by resolution by the Board of Trustees.

§ 172-45. Commercial vehicles restricted in parking areas requiring licenses.

No commercial vehicle over one ton net weight shall be permitted to park in a parking field requiring licenses.

§ 172-46. Separate licenses required.

Each motor vehicle occupying an area in a parking field for which a license is required hereunder shall have an individual and separate license.

§ 172-47. Designation and posting of hours.

The hours of limitation for parking a vehicle in the municipal parking field shall be designated by resolution of the Board of Trustees, and such period shall be posted in the municipal parking fields.

Article VI. Schedules

§ 172-48. Schedule I: Stop Intersections.

[Amended 1-24-2011 by L.L. No. 1-2011]

In accordance with the provisions of § 172-7, the following described highways are particularly designated as stop streets at the intersection indicated:

Stop Sign/Signal on

Direction of Travel

At Intersection of

Austin Avenue

East

Bayview Avenue

Austin Avenue

West

Lake Street

Avon Place

East

Bayview Avenue

Avon Place

West

Broadway

Bayside Avenue

East and west

Ocean Avenue

Bayview Avenue

North and south

Avon Place

Bayview Avenue

North and south

Towne Street

Benjamin Avenue

North

Oak Street

Bennett Place

North and south

Grace Court

Bennett Place

South

South Ireland Place

Berger Avenue

North

Shore Road

Bourdette Place

East and west

Carlton Avenue

Bourdette Place

West

Richmond Avenue

Braham Avenue

North

Shore Road

Bryan Avenue

South

Merrick Road

Burch Avenue

North and south

Greene Avenue

Burch Avenue

North and south

West Oak Street

Burch Avenue

South

Ireland Place

Carleton Avenue

North and south

Bourdette Place

Cedar Lane

North

Maple Drive

Cedar Lane

South

Locust Drive

Cedar Street

East

Broadway

Cedar Street

East

Park Avenue

Cedar Street

East and west

Ketcham Avenue

Central Avenue

North

Hamilton Street

Central Avenue

North and south

Riverside Street

Central Avenue

South

Shore Road

Coles Avenue

East and west

Ocean Avenue

Cooper Avenue

East and west

Grand Central Avenue

Cooper Avenue

West

Riverside Avenue

County Line Road

North

Smith Street

County Line Road

North and south

Locust Drive

DeForest Street

North

Dixon Avenue

Dowsing Place

North

Merrick Road

East and west access road from Bathing Beach

North

South Bayview Avenue

Edison Street

North

Dixon Avenue

Elm Place

West

Albany Avenue

Grace Court

East

Ocean Avenue

Grace Court

West

Bennett Place

Grand Central Avenue

North

Merrick Road

Grand Central Avenue

North and south

Griffing Avenue

Greene Avenue

East

West Oak Street

Greene Avenue

East and west

Burch Avenue

Greene Avenue

West

County Line Road

Griffing Avenue

East and west

Grand Central Avenue

Hamilton Street

East

Richmond Avenue

Hamilton Street

East and west

South Ketcham Avenue

Hamilton Street

East and west

Virginia Court

Homestead Avenue

North

Ireland Place

Ireland Place

West

West Oak Street

John Street

North

Sterling Place

John Street

North and south

Oak Street

John Street

South

Greene Avenue

Ketcham Avenue

North and south

Cedar Street

Lake Street

North

Austin Avenue

Lake Street

South

Oak Street

LeBrun Avenue

North

Richmond Avenue

Locust Avenue

North

Washington Avenue

Locust Drive

East

Broadway and Cedar Lane

Locust Drive

East and west

Cedar Lane

Locust Drive

West

County Line Road

Lombardi Place

West

Bayview Avenue

Louden Avenue

East

Broadway

MacDonald Avenue

East

South Bayview Avenue

MacDonald Avenue

East and west

Grand Central Avenue

Maple Drive

East

Broadway

Maple Drive

East and west

Cedar Lane

Maple Drive

West

County Line Road

Maple Place

West

Albany Avenue

Mole Place

North and south

Richmond Avenue

Mole Place

West

Bayside Avenue

Morris Street

East and west

Central Avenue

New Point Place

West

South Bayview Avenue

Nicholl Avenue

North

Oak Street

North Railroad Plaza

East

John Street

Ocean Avenue

North

Merrick Road

Ocean Avenue

North and south

Bayside Avenue

Ocean Avenue

North and south

Grace Court

Ocean Avenue

North and south

South Ireland Place

O'Connor Parking Field (north of Oak Street) (west exit)

South

Oak Street

Oldfield Avenue

North

Ireland Place

Orchard Place

East and west

Homestead Avenue

Orchard Place

West

Oldfield Avenue

Park Avenue

North

Ireland Place

Park Avenue

North and south

Wanser Place

Park Avenue

South

Ireland Place

Park Avenue

South

Merrick Road

Perkins Avenue

East

South Bayview Avenue

Perkins Avenue

East and west

Grand Central Avenue

Railroad Avenue

East

Wellington Place

Railroad Avenue

West

Broadway

Ranick Drive East

North

Dixon Avenue

Ranick Drive West

North

Dixon Avenue

Richmond Avenue

North

Bourdette Place

Richmond Avenue

North

Mole Place

Richmond Avenue

North and south

South Ireland Place

Richmond Avenue

North and south

Van Nostrand Place

Richmond Avenue

South

Hamilton Street

Richmond Avenue

South

LeBrun Avenue

Riverside Avenue

North

Merrick Road

Riverside Avenue

North and south

Cooper Avenue

Riverside Avenue

North and south

Perkins Avenue

Riverside Street

West

Central Avenue

Russell Street

East and west

Bryan Avenue

Russell Street

West

Wood Avenue

South Bay Road

East and west

Bayview Road

South Bayview Avenue

North and south

Perkins Avenue

South Bayview Avenue (east side) at Harbor North

West

Perkins Avenue, as extended

South Ireland Place

East

Ocean Avenue

South Ireland Place

West

Richmond Avenue

South Ketcham Avenue

North and south

Hamilton Avenue

South Railroad Plaza

East

John Street

South Railroad Plaza

East

Ketcham Avenue

South Railroad Plaza

West

Greene Avenue

Sprague Avenue

East

Albany Avenue

Sprague Avenue

West

Broadway

Sterling Place

East

Broadway

Sterling Place

East and west

Burch Avenue

Sterling Place

East and west

John Street

Sterling Place

West

County Line Road

Towne Street

West

Bayview Avenue

Union Avenue

East

Bayview Avenue

Unqua Place

North

Richmond Avenue

Van Nostrand Place

East

Richmond Avenue

Virginia Court

North

Hamilton Street

Wanser Place

West

Park Avenue

Washington Avenue

East

Broadway

Washington Avenue

East and west

Locust Avenue

Wellington Place

South

Oak Street

West Oak Street

East and west

John Street

West Smith Street

West

County Line Road

Williams Street

North

Willis Avenue

Willis Avenue

West

Countyline Road

Wood Avenue

North

Towne Street

Wood Avenue

South

Merrick Road

§ 172-49. Schedule II: Stop Point Locations.

[Amended 3-8-2010 by L.L. No. 2-2010; 1-24-2011 by L.L. No. 1-2011]

In accordance with the provisions of § 172-8, the following described locations are designated as stop point locations at the intersection indicated:

Stop Sign/Signal on

Direction of Travel

At Intersection of

West Oak Street

East and west

Main Firehouse

§ 172-50. Schedule III: One-Way Streets.

In accordance with the provisions of § 172-9, the following described streets or parts of streets are designated as one-way streets in the direction indicated:

Name of Street

Direction

Limits

Cedar Street

East

Between Park Avenue and Broadway

Cedar Street

West

Between Oldfield Avenue and County Line Road

Lombardi Place

West

Entire length

Park Avenue

South

Between Greene Avenue and Ireland Avenue

Union Avenue

West

Between Broadway and Bayview Avenue1

Wanser Place

West

Between Broadway and Park Avenue

1

NOTE: This restriction applies on Sundays between the hours of 6:30 a.m. and 1:30 p.m.

§ 172-51. Schedule IV: Speed Limits.

In accordance with the provisions of § 172-11 of this Code and § 1643 of the New York State Vehicle and Traffic Law, speed limits are established as indicated upon the following streets or parts thereof:

Name of Street

Speed Limit

(mph)

Location

Bayview Avenue

15

Within 300 feet of the north and south building lines of the high school

Broadway (NYS Route 110)

40

North of Sprague Avenue

County Line Road (County Road No. 1)

15

Within 300 feet of the north and south building lines of the Northwest Elementary School, but not north of the northerly Village line

Dixon Avenue (County Road No. 2-2A)

35

All that part that lies within the Village

East Lake Drive

25

Entire length

Oak Street

15

Within 300 feet of the east and west building lines of St. Martin's Elementary School

Park Avenue

15

Ireland Place to Wanser Place

Railroad Avenue

25

Entire length

Sunrise Highway (NYS Route 27)

55

All that part that lies within the Village

Union Avenue

15

Within 300 feet of the east and west building lines of St. Martin's Elementary School

Wellington Place

25

Entire length

West Lake Drive

25

Entire length

§ 172-52. Schedule V: Traffic Control Signals.

In accordance with the provisions of § 172-13, the specified traffic control signals shall be installed, maintained and operated at the following locations and intersections:

Intersection

(Location)

Type of Signal

Albany Avenue and Dixon Avenue

Two-phase semi-vehicle-actuated signal

Bayview Avenue and Dixon Avenue

Two-phase semi-vehicle-actuated signal

Bayview Avenue and Oak Street

Fixed-time signal

County Line Road and Louden Avenue

Semi-vehicle-actuated signal with pedestrian controls

County Line Road and West Oak Street

Two-phase semi-vehicle-actuated signal

Ireland Place and Ketcham Avenue

Fixed-time signal

Ireland Place and Park Avenue

Either synchronized with Broadway and Ireland Place signal or as a flash signal

West Oak Street and Ketcham Avenue

Two-phase semi-vehicle actuated signal with pedestrian controls and Fire Department pre-emptor

§ 172-53. Schedule VI: Yield Intersections.

[Amended 1-24-2011 by L.L. No. 1-2011]

In accordance with the provisions of § 172-14, the following described intersections are designated as yield intersections:

Yield Sign on

At Intersection of

Ocean Avenue

Southbound at Richmond Avenue

Stuart Avenue

Northbound at Swartout/Bingham Place

§ 172-54. Schedule VII: Truck Exclusions on No-Through-Trucking Streets.

In accordance with the provisions of § 172-15, all motor vehicles in excess of 2 1/2 tons' unladen weight are excluded from streets or parts thereof described below, which are also designated as no-through-trucking streets, except for local deliveries:

Name of Street

Location

Austin Avenue

Entire length

Avon Place

Entire length

Bayview Avenue

Between Oak Street and Merrick Road

Bennett Place

Entire length

Bryan Avenue

Entire length

Burch Avenue

Between Willis Avenue and Sterling Place

Cedar Street

Entire length

Dowsing Place

Entire length

Etna Court

Entire length

Grace Court

Entire length

Grand Central Avenue

Entire length

Greene Avenue

Broadway to Oak Street

Hildreth Court

Entire length

Lake Street

Entire length

Lewis Avenue

Entire length

Locust Drive

Entire length

Lombardi Place

Entire length

Moreland Court

Between Byron Avenue and Wood Avenue

Park Avenue

Between Ireland Place and Merrick Road

Richmond Avenue

[Amended 3-8-2010 by L.L. No. 2-2010]

Entire length

Riverleigh Place

Entire length

Riverside Avenue

Entire length

Sterling Place

Entire length

Union Avenue

Entire length

VanNostrand Place

Entire length

Wanser Place

Entire length

Washington Avenue

Entire length

Wellington Place

Entire length

William Street

Entire length

Willis Avenue

Entire length

Wood Avenue

Entire length

§ 172-55. Schedule VIII: Truck Exclusions.

In accordance with the provisions of § 172-16, all motor vehicles in excess of 2 1/2 tons' unladen weight are excluded from the streets or parts thereof described below:

Name of Street

Location

(Reserved)

§ 172-56. Schedule IX: Prohibited Turns at Intersections.

In accordance with the provisions of § 172-17, no person shall make a turn of the kind designated below at any of the following locations:

Name of Street

Direction of Travel

Prohibited Turn

At Intersection of

Ocean Avenue

North

Left

Merrick Road (Route 27A)

Sprague Avenue

West

Left

Broadway (Route 110)

Sterling Place

East

Left

Broadway (Route 110)

§ 172-57. Schedule X: U-Turns.

In accordance with the provisions of § 172-18, no person shall make a U-turn at any of the following locations:

Name of Street

Location

Broadway

500 feet north of Wanser Place

Broadway

S/B and N/B between Sterling Place and Railroad Avenue

Ireland Place

E/B and W/B at Ketcham Avenue

Ketcham Avenue

S/B Ireland Place

§ 172-58. Schedule XI: Prohibited Turns on Red Signal.

[Amended 3-8-2010 by L.L. No. 2-2010]

In accordance with the provisions of § 172-19, no person shall make a right turn at a steady red signal at the following locations:

Location (Intersection)

Albany Avenue northbound at Dixon Avenue

Albany Avenue southbound at Broadway

Bennett Place northbound at Merrick Road

County Line Road northbound at Sunrise Highway

Dixon Avenue eastbound at Albany Avenue

Dixon Avenue westbound at Broadway

Greene Avenue eastbound at Broadway

Mill Street westbound at Albany Avenue

Oak Street westbound at Broadway

Union Avenue westbound at Broadway

West Oak Street eastbound at Broadway

§ 172-59. Schedule XII: Limited-Time Parking.

In accordance with the provisions of § 172-24, the parking of vehicles is prohibited in the locations described below for a longer period of time than that designated, during the hours indicated:

Name of Street

Side

Time Limit

Hours

Location

Austin Avenue

Both

2 hours

6:00 a.m. to 6:00 p.m.

Entire length

Avon Place

North

20 minutes

6:00 a.m. to 6:00 p.m.

From Broadway east for a distance of 300 feet

Avon Place

South

2 hours

6:00 a.m. to 6:00 p.m.

From Broadway east for a distance of 300 feet

Bayview Avenue

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Dixon Avenue to Oak Street

Bennett Place

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Merrick Road south a distance of 200 feet

Broadway

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Merrick Road to Albany Avenue

Broadway

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Merrick Road to Dixon Avenue

Burch Avenue

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Ireland Place to Sterling Place

Burch Avenue

East

4 hours

6:00 a.m. to 6:00 p.m.

From 50 feet south of Oak Street to Ireland Place

County Line Road

East

2 hours

6:00 a.m. to 6:00 p.m.

From Merrick Road to Cedar Street

Dixon Avenue

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Broadway to Albany Avenue

Dixon Avenue

South

1 hours

6:00 a.m. to 6:00 p.m.

From Ranick Drive to Cedar Street

Elm Place

South

1 hour

6:00 a.m. to 6:00 p.m.

Entire length

Greene Avenue

[Amended 3-8-2010 by L.L. No. 2-2010]

Both

2 hours

6:00 a.m. to 6:00 p.m.

Entire length

Greene Avenue

[Repealed 3-8-2010 by L.L. No. 2-2010]

Greene Avenue

[Repealed 3-8-2010 by L.L. No. 2-2010]

Greene Avenue

[Repealed 3-8-2010 by L.L. No. 2-2010]

Ireland Place

Both

30 minutes

6:00 a.m. to 6:00 p.m.

From Ketcham Avenue to Homestead Avenue

Ireland Place

Both

4 hours

6:00 a.m. to 6:00 p.m.

From Burch Avenue to Homestead Avenue

Ireland Place

North

2 hours

6:00 a.m. to 6:00 p.m.

From Park Avenue to 210 feet east of Ketcham Avenue

Ireland Place

North

30 minutes

6:00 a.m. to 6:00 p.m.

From 25 feet east of Ketcham Avenue to 210 feet east of Ketcham Avenue

Ireland Place

South

2 hours

6:00 a.m. to 6:00 p.m.

From Park Avenue to 195 feet east of Ketcham Avenue

Ketcham Avenue

East

2 hours

6:00 a.m. to 6:00 p.m.

From Ireland Place to Merrick Road

Ketcham Avenue

East

30 minutes

6:00 a.m. to 6:00 p.m.

From Greene Avenue to Ireland Place

Ketcham Avenue

West

2 hours

6:00 a.m. to 6:00 p.m.

From 150 feet south of Ireland Place to Merrick Road

Ketcham Avenue

West

30 minutes

6:00 a.m. to 6:00 p.m.

From Greene Avenue to 80 feet north of Ireland Place

Lewis Street

Both

2 hours

6:00 a.m. to 6:00 p.m.

From County Line Road to Willis Avenue

Long Island Rail Road, beneath viaduct

Both

4 hours (without parking license)

6:00 a.m. to 6:00 p.m.

From John Street easterly to Broadway

Louden Avenue

North

30 minutes

6:00 a.m. to 6:00 p.m.

From the intersection of Broadway to the parking field of Brunswick Hospital

Maple Place

South

1 hour

6:00 a.m. to 6:00 p.m.

Entire length

Merrick Road

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Ocean Avenue to Ketcham Avenue

Mill Street

South

1 hour

6:00 a.m. to 6:00 p.m.

Entire length

Municipal Parking Field No. 9

N/A

1 hour

6:00 a.m. to 6:00 p.m.

20 spaces in northerly end of field

Oak Street

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Broadway east for a distance of 300 feet

Oak Street

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Broadway west to John Street

Oak Street

South

4 hours

6:00 a.m. to 6:00 p.m.

From Burch Avenue east a distance of 276 feet

Oldfield Avenue

Both

4 hours

6:00 a.m. to 6:00 p.m.

From Ireland Place south a distance of 200 feet

Park Avenue

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Broadway south to Ireland Place

Park Avenue

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Ireland Place south to St. Paul's Lutheran Church

Richmond Avenue

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Merrick Road south for a distance of 200 feet

South Ketcham Avenue

Both

1 hour

6:00 a.m. to 6:00 p.m.

From Merrick Road to Riverleigh Place

Sprague Avenue

South

2 hours

6:00 a.m. to 6:00 p.m.

Within 200 feet of Broadway

Sterling Place

Both

1 hour

6:00 a.m. to 6:00 p.m.

From Burch Avenue to Broadway

Union Avenue

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Broadway east for a distance of 300 feet

West Oak Street

North

2 hours

6:00 a.m. to 6:00 p.m.

From Greene Avenue to Burch Avenue

West Oak Street

South

2 hours

6:00 a.m. to 6:00 p.m.

From Burch Avenue east a distance of 276 feet

William Street

Both

2 hours1

6:00 a.m. to 6:00 p.m., any day of the week except Sunday

Entire length

Willis Avenue

Both

2 hours

6:00 a.m. to 6:00 p.m.

From Burch Avenue to County Line Road

1

NOTE: Unless otherwise indicated above, in which case said time limit shall be governing.

§ 172-60. Schedule XIII: (Reserved)

§ 172-61. Schedule XIV: Parking Meter Zone A.

In accordance with the provisions of § 172-30A, the following streets and highways, or parts thereof, are designated as Parking Meter Zone A:

Name of Street

Side

Location

(Reserved)

§ 172-62. Schedule XV: Parking Meter Zone B.

In accordance with the provisions of § 172-31A, the following areas are designated as Parking Meter Zone B:

Name of Street

Side

Location

John Street

East

From Greene Avenue to Sterling Place

Ketcham Avenue

East

North of Oak Street

Railroad station

North and south

§ 172-63. Schedule XVI: Municipal Parking Fields.

In accordance with the provisions of § 172-38, the following are designated as municipal parking fields:

Parking Field

Location

Parking Time Limits

No. 1

Railroad station, north side

48 hour limit by meter or permit

No. 2

Railroad station, south side

48 hour limit by meter or permit

No. 3

O'Connor Field, north of Oak Street

4 hours

No. 4

[Amended 3-8-2010 by L.L. No. 2-2010]

Behind former Village Hall at 21 Greene Avenue

24 hours except for reserved parking for 21 Greene Avenue

No. 5

East side of Broadway between Oak and Union Avenue

3 hours except for permit parking in designated areas

No. 6

West side of Broadway between Cedar Street and Merrick Road

4 hours

No. 7

Beach and Caples Park

6:00 a.m. to 11:00 p.m.

No. 8

Beneath Long Island Rail Road viaduct from John Street easterly to Broadway

4 hours except 12 hours with permit

No. 9

(Reserved)

No. 10

18 Oak Street

12 hours

No. 11

Irv Cohn Field, west side of Park Avenue, south of Greene Avenue

24 hours

No. 12

Southeast corner of Bennett Place and Merrick Road

2 hours

No. 14

Gordon Moore Field, north side of Greene Avenue

24 hours

No. 15

9/11 Memorial Field southeast corner of Railroad Avenue and Broadway

12 hours

Chapter 174. VEHICLES, STORAGE OF

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 61-2009. Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Licensed businesses and occupations — See Ch. 107.
Abandoned vehicles — See Ch. 171.
Vehicles and traffic — See Ch. 172.

§ 174-1. Restrictions; exception.

It shall be unlawful for there to be more than one unregistered motor vehicle on any premises in the Village of Amityville without the approval of the Board of Trustees. With respect to premises which are licensed pursuant to Article II of Chapter 107, the number of unregistered motor vehicles permitted by the Board of Trustees, if any, shall be set forth on the face of the license.

Chapter 178. WATERWAYS

[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 62-2009. Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State. Amendments noted where applicable.]

GENERAL REFERENCES

Beaches and parks — See Ch. 43.
Freshwater wetlands — See Ch. 92.

§ 178-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
WATER AND WATERWAYS
Includes all creeks, canals, waterways and channel systems in the Village to a distance of 1,500 feet from the shore.

§ 178-2. Application of chapter.

This chapter shall apply to all water and waterways within the Village and to adjacent waterways within a distance of 1,500 feet from the shore, to the extent permitted by the laws of the United States and the laws of the State of New York.

§ 178-3. Enforcement.

It shall be the duty of the Police Department of the Village to enforce the provisions of this chapter. The Chief of Police shall be empowered to make and enforce temporary regulations to cover emergencies or special conditions which arise out of the application of this chapter.

§ 178-4. Dumping of waste material prohibited.

The discharge of toilets, dumping of oil, garbage, grass clippings and cuttings and other waste material and like acts are hereby prohibited in all waters and waterways covered by the provisions of this chapter.

§ 178-5. General operation of boats.

A. Every person operating a boat shall at all times operate the same in a careful and prudent manner and at such rate of speed as not to disturb the reasonable comfort nor endanger the property of another or the life or limb of any person, nor so as to interfere with the free and proper use of the waters and waterways of the Village. Throwing up a dangerous wake when approaching or passing another boat, or when passing a bathing area or a place where a boat is docked, is prohibited.

B. All provisions of the Navigation Law, the Environmental Conservation Law and the Vehicle and Traffic Law of the State of New York, as applicable; of the inland rules enacted by Congress and governing the navigation of the inland waters of the United States; and of the pilot rules for United States inland waters applicable to the channel systems, relative to the rules for vessels passing each other, as to lights on vessels and other matters consistent with the proper use of the channel systems shall be complied with by all vessels navigating the waterways of the Village.

§ 178-6. Speed limits for boats.

A. No boat shall be operated or driven in any creek or canal within the Village, or within 100 feet of the shoreline, at a greater rate of speed than five miles per hour.

B. No boat shall be operated at a greater rate of speed than 12 miles per hour in channels in the open bay and 45 miles per hour in the open bay outside channels within the Village jurisdiction.

§ 178-7. Mooring and securing of boats.

Boats shall not moor, anchor