Agenda PDF

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Agenda PDF

Village of Mamaroneck
123 Mamaroneck Ave., Mamaroneck, NY 10543
ph: (914) 777-7700
Board of Trustees Agenda
VILLAGE OF MAMARONECK BOARD OF TRUSTEES AGENDA
November 2, 2015 AT 5:30 PM - Work Session Courtroom At 169 Mt. Pleasant Avenue
NOTICE OF FIRE EXITS AND REQUEST TO TURN OFF ELECTRONIC DEVICES
OPEN MEETING
1.
DISCUSSION ITEMS
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
2.
Noise Law Re-Draft
Blasting Law Re-Draft
Local Law Regarding the Residential Parking Area and Dual-Use Parking Permits and
Meters
Local Law to Amend the Village Code to Allow Assistant Court Clerks to Live in
Westchester County
WiFi at Harbor Island Park
Appointment of Sunny Goldberg to the Marine Education Committee (no back-up)
Appointment of Liaison (s) to the Marine Education Advisory Committee (no backup)
Decommission and Auction of Village Vehicle
Traffic Commission Recommendations:
A. Establish a One Way Street On a Portion of Lester Avenue
B. Establishing a No Parking Restriction on Stoneybrook Avenue
C. Amending a No Parking Restriction To Allow Limited Parking In Front of 1015
Old Boston Post Road
D. Establish a No Parking Restriction in Front of 1100 E. Boston Post Road (CVS)
120 Madison Street
Amendments to the Village Code Regarding the Keeping of Chickens
EXECUTIVE SESSION-ADVICE OF COUNSEL
A.
Executive Session
ADJOURN
ANY HANDICAPPED PERSON NEEDING SPECIAL ASSISTANCE IN ORDER TO ATTEND
THE MEETING SHOULD CALL THE VILLAGE MANAGER'S OFFICE AT 914-777-7703
All Board of Trustee Regular, ZBA, Planning Board, and HCZM Meetings are Broadcast Live on LMCTV:
Verizon FIOS Channels 34, 35 & 36
Cablevision Channels: 75, 76 & 77
And Streamed on the Web: www.lmc-tv.org
Village of Mamaroneck, NY
Item Title:
Noise Law Re-Draft
Item Summary: Noise Law Re-Draft
Fiscal Impact:
ATTACHMENTS:
Description
PLL F
Upload Date
10/30/2015
Type
Cover Memo
Draft Proposed Local Law F-2015
A Draft Proposed Local Law to amend
Chapter 150 entitled Dance Halls and
Chapter 254 entitled Noise indoor vs.
outdoor cabarets, hours, music restrictions,
requirements for a decibel meter to be onsite, decibel levels, testing locations, and
violations.
BE IT ENACTED by the Board of Trustees of the Village of Mamaroneck as follows:
{Language in strike-through abcdefghij to be deleted; language underlined and highlighted is to be
added. Yellow highlighting shows first draft edits; blue highlighting shows later edits}
SECTION 1. The provisions of Chapter 150 – Dance Halls and Cabaret are amended to read as
follows:
Chapter 150. DANCE HALLS AND CABARETS
GENERAL REFERENCES
Amusements — See Ch. 96.
Noise — See Ch. 254.
Zoning — See Ch. 342.
§ 150-1. Definitions; word usage.
A. As used in this chapter, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless dancers, strippers,
male or female impersonators or exotic dancers or other similar
entertainments and which establishment is customarily not open to the public
generally but excludes any minor by reason of age.
[Added 10-12-1993 by L.L. No. 7-1993, effective 10-21-1993]
CABARET, INDOOR
Any indoor room, place or space in the Village of Mamaroneck in which any
musical entertainment, including but not limited to live, DJ, jukebox, stereo
or computer-generated musical entertainment, singing, dancing or other
similar amusement is permitted in connection with the restaurant business or
the business of directly or indirectly selling to the public food or drink.
[Amended 3-13-1995 by L.L. No. 3-1995, effective 3-20-1995]
CABARET, OUTDOOR
Any outdoor place or space in the Village of Mamaroneck in which any
musical entertainment, including but not limited to live, DJ, jukebox, stereo
10/30/2015 version PLL-F of 2015 regarding Noise Law and Cabaret Law
Page 1 of 12
or computer generated musical entertainment, singing, dancing or other
similar amusement is permitted in connection with the adjacent contiguous
frontage of a restaurant business or the business of directly or indirectly
selling to the public food or drink.
PUBLIC DANCE HALL
Any room, place or space in the Village of Mamaroneck in which dancing is
carried on and to which the public may gain admission, either with or
without the payment of a fee, except however, premises owned, occupied or
used by a religious, charitable, governmental or educational corporation or
institution.
PUBLIC DANCE OR BALL
Any dance or ball of any nature or description to which the public may gain
admission.
B. Residential districts referred to herein are as defined in Chapter 342, Zoning, of the Code of
the Village of Mamaroneck.
§ 150-2. License required.
No person, firm or corporation shall conduct, maintain or operate or engage in the business of
conducting, maintaining or operating in the Village of Mamaroneck a public dance hall or a
cabaret or an adult entertainment cabaret unless the premises wherein the same is conducted,
maintained or operated is licensed in the manner prescribed by this chapter and is otherwise in
compliance with applicable local law. A separate license, fee and insurance is required for
outdoor cabaret, including for participation in special village events and street fairs.
§ 150-3. Effect on membership corporations, clubs, associations and societies.
A membership corporation, club, association or society which permits any musical
entertainment, including but not limited to live, DJ, jukebox, stereo or computer-generated
musical entertainment accompanied by singing, dancing or other form of amusement in premises
wherein any food or drink is directly or indirectly sold to its members or their guests or to the
public shall be subject to the conditions and provisions of this chapter.
§ 150-4. License application; fee; conditions for issuance and renewal.
The license prescribed by this chapter shall be issued by the Village Manager. Application for
such license shall be made on a form containing such information as may be determined by the
Village Manager. The fee for each such license for each year, or fraction thereof, shall be set
forth in Chapter A347, Fees. No such license shall be issued unless the place for which it is
issued complies with all laws and ordinances and with the rules and regulations of the New York
State Building and Fire Code, the Code of the Village of Mamaroneck and the Westchester
County Health Code and, in the opinion of the Village Manager, is a safe and proper place to be
Page 2 of 12
used as a public dance hall, cabaret or club, and the person or persons seeking such license is or
are deemed by the Village Manager to be fit or proper persons, and said applicant has not had a
license revoked within the past twelve (12) months.
§ 150-5. Inspections.
A. No license shall be issued until the Village Manager shall have caused an inspection to be
made of the premises to be licensed and until the Village Manager is satisfied that such
place complies with all laws and ordinances of the village and the rules and regulations of
all departments of the village and that the person or persons seeking such license is or are
fit and proper persons. The Village Manager shall also cause to be made such inspection
as may be necessary to ascertain whether the places licensed are maintained in
compliance with law. For the purpose of facilitating the inspection prescribed by this
section, the Village Manager is authorized to call upon the head of any other department
of the village, and such department and its employees shall make such inspection as may
be required. The Village Manager and the employees of any department assigned to make
inspections under this chapter shall be permitted to have access to all public halls and
cabarets at all reasonable times.
B. The Village shall have the authority to perform at least quarterly unannounced
inspections to confirm compliance with Chapter 254-5. The fee for such inspection shall
be as set forth in Chapter 347-Fees of the Code of the Village of Mamaroneck.
(Suggested fee is $50 per inspection.)
§ 150-6. Temporary license.
Pending the investigation of any application and the final disposition thereof, the Village
Manager is hereby authorized to issue a temporary thirty-day permit, which may be renewed
from time to time, upon such terms and conditions as may be fixed by the Village Manager. and
approved by the Board of Trustees. The fee for any such temporary permit shall be set forth in
Chapter A347, Fees. A temporary permit may be revoked in the manner as set forth in § 150-11
of this chapter.
§ 150-7. Duration of license; renewals.
A. The term of licenses shall be for a period of one (1) year, commencing with January 1 and
terminating at the end of the following December, except that an original license shall be
effective from the date the license is granted to the end of the month of December following.
B. Renewal applications shall be submitted to the Village Clerk at least thirty (30) days prior to
expiration of the license. Renewals of licenses shall be effective for the one-year term described
above.
§ 150-8. Display of license.
Each license issued pursuant to this chapter shall be at all times displayed in a conspicuous place
at the main entrance of the premises for which it is issued.
Page 3 of 12
§ 150-9. Days, hours and restrictions on operations.
A. No indoor musical entertainment, including but not limited to live, DJ, jukebox, stereo or
computer-generated music shall be played or dancing permitted on premises licensed by
this chapter between the hours of 2:00 a.m. and 8:00 a.m. on mornings of days following
Fridays and Saturdays and on mornings of days following holiday eves which are
recognized by the State of New York. On all other days, no musical entertainment,
including but not limited to live, DJ, jukebox, stereo or computer-generated musical
entertainment, singing, dancing or other similar amusement music shall be played or
dancing permitted between the hours of 1:00 a.m. and 8:00 a.m. The Village Manager, in
his discretion, may permit any premises licensed pursuant to this chapter to be open to the
public between such prohibited hours on special occasions.
B. No outdoor musical entertainment including but not limited to live, DJ, jukebox, stereo or
computer generated music shall be played or dancing permitted on outdoor premises
licensed by this chapter between the hours of after 9:30 p.m. and before 12 p.m. Noon,
Sunday through Saturday, for privately held events. The Village Manager, in his
discretion, may permit any premises licensed pursuant to this chapter to be open to the
public between such prohibited hours on special occasions.
C. No outdoor musical entertainment including but not limited to live, DJ, jukebox, stereo or
computer generated music shall be played or dancing permitted on outdoor premises
licensed by this chapter between the hours of after 10:30 p.m. and before 10 a.m. Sunday
through Saturday, for Village-sponsored special events or festivities. The Village
Manager, in his discretion, may permit any premises licensed pursuant to this chapter to
be open to the public between such prohibited hours on special occasions such as
including but not limited to street fairs or parades that have been authorized by the Board
of Trustees.
§ 150-10. Cut-off Switch.
All circuits supplying electricity to the sound equipment shall be equipped with a dry contact
relay that will interrupt the electrical current to those circuits when the Fire Alarm is activated,
thereby turning off all amplified sound, microphones and music.
Note: Sections 150-10, 11 and 12 are renumbered to 11, 12 and 13 due to the addition of
the Cut Off Switch section.
§ 150 11. Transferability.
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 for any location other than the location stated on such license.
§ 150-12. Revocation of license; hearing.
Page 4 of 12
A license may be revoked by the Board of Trustees for any violation of law or upon the ground
that disorderly, obscene or immoral conduct is permitted on the licensed premises. The Village
Manager, upon direction of the Board of Trustees of the village, shall cause to be served upon
such parties, as they may deem to be interested therein, such reasonable notice, as they may
determine to be proper, of its intention to revoke such license. There shall be included in or
attached to such notice a statement of the facts constituting the violation charged. Such parties
shall be entitled to a hearing before the Board of Trustees.
§ 150-13. Penalties for offenses.
A. Any person licensee convicted of committing an offense against any provision of this chapter
or any rule or regulation adopted pursuant to this chapter shall be punishable by fines and
penalties that shall be tiered as follows:
i. For the first offense within a twelve-month period, no fine
ii. For the second through fifth and third offenses within a twelve-month period, a fine of
not more than two hundred fifty dollars ($250) per incident.
iii. For all offenses from the sixth onward the fourth offense in a calendar year within a
twelve-month period, a fine of not more than five hundred dollars ($500) per incident, or
by imprisonment for a term of not more than fifteen (15) days, or by both such fine and
imprisonment.
iv. For the fifth offense in a calendar year within a twelve-month period, revocation of such
permit for a period of up to twelve (12) months, plus a fine of not more than five hundred
dollars ($500), or by imprisonment for a term of not more than fifteen (15) days, or by
both such fine and imprisonment.
B. Conviction by a court for an offense against this chapter shall constitute and effect immediate
forfeiture and cancellation of any license issued hereunder.
--- continued ---
Page 5 of 12
SECTION 2. The provisions of Chapter 254 – Noise are amended to read as follows:
Chapter 254. NOISE
GENERAL REFERENCES
Alarm systems — See Ch. 88.
Blasting — See Ch. 120.
§ 254-1. Findings and purpose.
It is found and declared that the making and creation of excessive, unnecessary or unusually loud
noises within the limits of the Village of Mamaroneck is a condition which has existed for some
time, and the extent and volume of such noises is increasing; the making, creation or
maintenance of such excessive, unnecessary, unnatural or unusually loud noises which are
prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public
health, comfort, convenience, safety, welfare and prosperity of the residents of the Village of
Mamaroneck; and the necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared as a matter of legislative determination and public
policy. It is further declared that the provisions and prohibitions hereinafter contained and
enacted are in pursuance of and for the purpose of securing and promoting the public health,
comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Village of
Mamaroneck and its inhabitants.
§ 254-2. General prohibition.
It shall be unlawful for any person to make, continue or cause to be made or continued any
excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety of others within the limits of the
village.
§ 254-3. Specific prohibitions.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in
violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
A. Horns, signaling devices etc.: the sounding of any horn or signaling device on any
automobile, motorcycle, streetcar or other vehicle on any street or public place of the village,
except as a danger warning; the creation by means of any such signaling device of any
unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and
unreasonable period of time; the use of any signaling device, except one operated by hand or
electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use
of any such signaling device when traffic is, for any reason, held up.
B. Radios, phonographs, etc.: the using, operating or permitting to be played, used or operated of
any radio receiving set, musical instrument, phonograph or other machine or device for the
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producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of
involuntary listeners thereto or at any time with louder volume than is necessary for convenient
hearing for the person or persons who are located where such machine or device is operated and
who are voluntary listeners thereto. The operation of any such set, instrument, phonograph,
machine or device between the hours of 11:00 p.m. and 8:00 a.m. in such a manner as to be
plainly audible at a distance of one hundred (100) feet from the place in which it is located shall
be prima facie evidence of a violation of this chapter.
C. Loudspeakers and amplifiers for advertising: the using, operating or permitting to be played,
used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing of sound which is placed
upon the public streets for the purpose of commercial advertising or attracting the attention of the
public to any building or structure.
D. Yelling, shouting, etc.: yelling, shouting, hooting, whistling or singing on the public streets,
particularly between the hours of 11:00 p.m. and 8:00 a.m., or at any time or place so as to annoy
or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other
type of residence or of any persons in the vicinity.
E. Animals, birds, etc.: the keeping of any animal or bird which, by causing frequent or long
continued noise, shall disturb the comfort or repose of any persons in the vicinity.
F. Steam whistles: the blowing of any locomotive steam whistle or steam whistle attached to any
stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or
danger or upon request of proper village authorities.
G. Exhausts: the discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motorboat or motor vehicle, except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
H. Defect in vehicle or load: the use of any automobile, motorcycle or vehicle so out of repair, so
loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other
noise.
I. Loading, unloading or opening boxes: the creation of a loud and excessive noise in connection
with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and
containers.
J. Construction or repairing of buildings: the erection, construction or reconstruction of buildings
or major repairs to buildings, the excavation, clearing, filling or grading of land or the placement
or removal of earth, stone or building material of any kind, whether or not the work involved the
use of machinery or power tools, such that the sound therefrom creates unreasonable noise across
a residential real property boundary, other than between the hours of 8:00 a.m. and 6:00 p.m.,
Monday through Saturday, except in case of urgent necessity in the interest of public health and
safety, and then only with a permit from the Building Inspector, which permit may be granted for
a period not to exceed three (3) days while the emergency continues and which permit may be
renewed for periods of three (3) days or less while the emergency continues. If the Building
Inspector should determine that the public health and safety will not be impaired by such
erection or excavation outside the hours set forth above and if he shall further determine that loss
or inconvenience would result to any party in interest, he may grant permission for such work to
be done, during any hours which he deems the same to be reasonable, upon application being
made at the time the permit for the work is awarded or during the progress of the work. No such
activity shall be permitted on Sundays or on any of the following holidays: New Year's Day,
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Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day,
Columbus Day, Yom Kippur, Thanksgiving and Christmas.
K. Schools, courts, churches and hospitals: the creation of any excessive noise on any street
adjacent to any school, institution of learning, church or court while the same is in use or
adjacent to any hospital, which unreasonably interferes with the workings of such institution or
which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are
displayed in such streets indicating that the same is a school, hospital or court street.
L. Hawkers and peddlers: the shouting and crying of peddlers, hawkers and vendors which
disturbs the peace and quiet of the neighborhood.
M. Drums: the use of any drum or other instrument or device for the purpose of attracting
attention, by creation of noise, to any performance, show or sale.
N. Metal rails, pillars and columns and transportation thereof: the transportation of rails, pillars
or columns of iron, steel or other material over and along streets and other public places upon
carts, trays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb
the peace and quiet of such streets or other public places.
O. Pile drivers, hammers, etc: the operation of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other such appliance, the use of which is attended by loud or
unusual noise, other than between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday.
No such activity shall be permitted on Saturdays, Sundays or on any of the following holidays:
New Year's Day, Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence
Day, Labor Day, Columbus Day, Yom Kippur, Thanksgiving and Christmas.
P. Blowers: the operation of any noise-creating blower or power fan or any internal combustion
engine the operation of which causes noise due to the explosion of operating gases or fluids,
unless the noise from such blower or fan is muffled and such engine is equipped with a muffler
device sufficient to deaden such noise.
Q. Tractors, lawn mowers, etc.: the operation between the hours of 8:30 p.m. and 8:00 a.m. of
any tractors, lawn mowers or other machinery powered by an internal combustion engine, not
including leaf blowers.
R. Leaf blowers: The operation of leaf blowers is prohibited between May 15 and September 30.
From October 1 through May 14, when the use of leaf blowers is permitted, use of leaf blowers
is permitted only between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and between the
hours of 10:00 a.m. and 4:00 p.m. on Saturday. No such activity shall be permitted on Sunday or
on any of the following holidays: New Year’s Day, Martin Luther King’s Birthday, Presidents’
Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Yom Kippur,
Rosh Hashanah, Thanksgiving and Christmas. No more than one leaf blower may be operated at
any time on property with an area of 5,000 square feet or less. No more than three leaf blowers
shall be operated at any time on any property. From May 15 to September 30 after significant
storm events or during other emergency circumstances, the Supervisor of the Mamaroneck
Department of Public Works will determine whether the use of leaf blowers by the general
public shall be permitted; in that case, the period of time for such use shall not exceed seven
days. The provisions hereof shall not be deemed to prevent the use of leaf blowers on municipal
or public school district owned property by municipal or school district staff at any time. Any
violation issued under this Subsection R shall be issued to the property owner or the owner of the
Page 8 of 12
business undertaking the leafblowing operations, at the discretion of the enforcement officer
issuing the violation.
[Added 4-24-1995 by L.L. No. 6-1995, effective 5-1-1995;[1] amended 7-28-2008 by L.L. No. 62008, effective 5-1-2009; 9-22-2014 by L.L. No. 16-2014, effective 10-30-2014]
[1]:
Editor's Note: This local law also provided for the redesignation of former Subsection R as
Subsection S.
S. Demolition of buildings: demolition of buildings, whether or not the work involved the use of
machinery or power tools, such that the sound therefrom creates unreasonable noise across a
residential real property boundary, other than between the hours of 8:00 a.m. and 6:00 p.m.,
Monday through Friday, except in case of urgent necessity in the interest of public health and
safety, and then only with a permit from the Building Inspector, which permit may be granted for
a period not to exceed three (3) days while the emergency continues and which permit may be
renewed for periods of three (3) days or less while the emergency continues. If the Building
Inspector should determine that the public health and safety will not be impaired by such
demolition outside the hours set forth above and if he shall further determine that loss or
inconvenience would result to any party in interest, he may grant permission for such work to be
done during any hours which he deems same to be reasonable, upon application being made at
the time the permit for the work is awarded or during the progress of the work. No such activity
shall be permitted on Saturdays, Sundays or on any of the following holidays: New Year's Day,
Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day,
Columbus Day, Yom Kippur, Thanksgiving and Christmas.
[Added 5-8-1989 by L.L. No. 6-1989, effective 5-12-1989]
§ 254-4. Standards for determination of offense.
The standards which shall be considered in determining whether a violation of § 254-2 exists
shall include but shall not be limited to the following:
A. The volume of the noise.
B. The intensity of the noise.
C. Whether the nature of the noise is usual or unusual.
D. Whether the origin of the noise is natural or unnatural.
E. The volume and intensity of the background noise, if any.
F. The proximity of the noise to residential sleeping facilities.
G. The nature and zoning of the area within which the noise emanates.
H. The density of inhabitation of the area within which the noise emanates.
I. The time of the day or night the noise occurs.
J. The duration of the noise.
K. Whether the noise is recurrent, intermittent or constant.
L. Whether the noise is produced by a commercial or noncommercial activity.
§ 254-5. Maximum decibel levels permitted.
[Added 2-8-1993 by L.L. No. 1-1993,[1] effective 2-16-1993]
A. Except for noise emanating from the operation of motor vehicles, the permissible intensity of
noise from the foregoing acts between the hours from 8:00 a.m. to 10:00 p.m. and from 10:00
Page 9 of 12
p.m. to 8:00 a.m., respectively, whether such noise is intermittent, impulsive, sporadic or
continuous, is as follows:
Maximum Sound Pressure Level in Decibels
("A" Scale Reading of Standard Calibrated Sound Meter)
Instrument Calibration Frequency in Cycles Per 8:00 a.m. to 10:00 10:00 p.m. to 8:00
Second (Hz)
p.m.
a.m.
100
70
62
B. The intensity of sound shall be measured at a point no closer than sixty (60) feet to the noise
source, as best that point can be estimated by the operator of the sound-measuring device without
the use of any distance-measuring equipment.
[1]:
Editor's Note: This local law also provided for the renumbering of former §§ 254-5 through 2548 as §§ 254-6 through 254-9, respectively.
C. For indoor music permitted by Dance Halls and Cabarets under Chapter 150 each permitted
Dance Hall and Cabaret location must have a decibel meter that can produce in text or database
format readings taken. Measurements should be taken outside, at or about the property line, for
these purposes the standard should be the sidewalk or lawn next to the street of the premises in
question. For Dance Halls and Cabarets, the following levels apply:
Indoor Dance Halls and Cabarets Maximum Sound Pressure Level in Decibels
Instrument Calibration Frequency in Cycles Per 12:00 p.m. to 10:00 10:00 p.m. to 2:00
Second (Hz)
p.m.
a.m.
100
75
70
*Note Chapter 150-9 about end-hours when indoor music authorized under Cabaret licenses
must stop.
D. For outdoor music permitted by Dance Halls and Cabarets under Chapter 150 each permitted
Dance Hall and Cabaret location must have a decibel meter that can produce in text or database
format readings taken. Measurements should be taken within fifty feet, at or about the sidewalk
across the street. For Dance Halls and Cabarets, the following levels apply:
Outdoor Private Event Cabarets Maximum Sound Pressure Level in Decibels
Instrument Calibration Frequency in Cycles Per
12:00 p.m. to 9:30 9:30 p.m. to 12
Second (Hz)
p.m.
p.m.
100
80
Prohibited
Page 10 of 12
*Reference is made to Chapter 150-9 about end-hours when outdoor music authorized under
Cabaret licenses must stop.
Outdoor Village Event Cabarets Maximum Sound Pressure Level in Decibels
Instrument Calibration Frequency in Cycles Per 12:00 p.m. to 10:30 10:30 p.m. to 12
Second (Hz)
p.m.
p.m.
100
80
Prohibited
*Reference is made to Chapter 150-9 about end-hours when outdoor music authorized under
Cabaret licenses must stop.
§ 254-6. Exemptions.
The following uses and activities shall be exempt from noise level regulations:
A. Noises resulting from any authorized emergency vehicle when responding to an emergency
call or acting in time of emergency.
B. Noises emanating from municipal vehicles, such as snow plows, garbage trucks, emergency
road trucks and other municipal vehicles.
§ 254-7. Application for special permit.
Applications for a permit for relief from the noise level designated in this chapter on the basis of
undue hardship may be made to the Village Manager or his duly authorized representative.
A. Any permit granted by the Village Manager hereunder shall contain all conditions upon which
said permit has been granted and shall specify a reasonable time that the permit shall be
effective.
B. The Village Manager or his duly authorized representative may grant the relief as applied for
if he finds that additional time is necessary for the applicant to alter or modify his activity or
operation to comply with this chapter or that the activity, operation or noise source will be of
temporary duration and cannot be done in a manner that would comply with other sections of this
chapter and that no other reasonable alternative is available to the applicant.
C. The Village Manager may prescribe any conditions or requirements he deems necessary to
minimize adverse effects upon the community or the surrounding neighborhood.
§ 254-8. Penalties for offenses.
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation
and, upon conviction for a first offense thereof, shall be punishable by a fine in an amount not
exceeding $250, for the second offense within one year, by a fine not to exceed $500, and for
any subsequent offense within one year from the date of the first offense, by a fine not exceeding
$1,000. Each day such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
Page 11 of 12
§ 254-9. Additional remedy; abatement.
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or
machinery in violation of any provision hereof and which causes discomfort or annoyance to
reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or
peace of residents in the area shall be deemed and is declared to be a public nuisance and may be
subject to abatement summarily by a restraining order or injunction issued by a court of
competent jurisdiction.
SECTION 3. Severability.
If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason,
declared invalid, in whole or in part, by any court, agency, commission, legislative body or other
authority of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent portion. Such declaration shall not affect the validity of the remaining portions
hereof, which other portions shall continue in full force and effect.
SECTION 4. Effective Date
This Local Law shall take effect immediately upon adoption and filing in the office of the
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
Page 12 of 12
Item Title:
Blasting Law Re-Draft
Item Summary: Blasting Law Re-Draft
Fiscal Impact:
ATTACHMENTS:
Description
Fees for Blasting
Upload Date
10/30/2015
Type
Cover Memo
Memorandum
Date: November 2, 2015
To:
Mayor and Board of Trustees
From: Richard Slingerland, Village Manager
Cc:
Re:
Dan Gray, Building Inspector
Hernane DeAlmeida, Village Engineer
Charles Goldberger, Village Attorney
Agostino Fusco, Clerk/Treasurer
Dan Sarnoff, Assistant Village Manager
P 914-777-7703
F 914-777-7760
www.village.mamaroneck.ny.us
Revised Fee recommendations regarding Blasting and Non-Explosive Rock Removal
This memo is to update the recommendations with regard to proposed amendments to Chapter 120 of
the Village Code, and related fees, per PLL-I 2015 for Blasting and Non-Explosive Rock Removal.
Recommended Fees:
The Village staff recommend amending the fee schedule for blasting and chipping to more closely
correlate with other municipalities. We also recommend tiering the fees based on most disruptive means
of removal being the most expensive, to least disruptive means of removal being the least expensive,
with fees based on costs of construction work taking place.
Chapter 120, Blasting and/or Chipping
Blasting permit -- permit issued per day and
fee charged per day of blasting
Rock-Chipping Rock Removal – One-time
fee plus fees based on costs of construction
Rock Drilling and Hydraulic Splitting – onetime fee plus fees based on costs of
construction
Rock Drilling and Chemical Splitting – onetime fee plus fees based on costs of
construction
$ 5,722 per day
$ 2,500 one-time fee, plus
$15.30/each addl. $1000 value of
construction for Residential,
$25/each additional $1,000 value of
construction for Commercial
$1,000 one-time fee, plus
$25/each addl. $1,000 value of
$250 one-time fee, plus
$25/each addl. $1,000 value of
Item Title:
Meters
Item
Summary:
Meters
Fiscal Impact:
ATTACHMENTS:
Description
Home Rule
Memo
Upload Date
10/30/2015
10/30/2015
Type
Cover Memo
Cover Memo
MEMORANDUM
To:
Richard Slingerland, Village Manager
From: Daniel J. Sarnoff, Assistant Village Manager
Re:
Dual-Use Parking Spaces
Date: October 30, 2015
P 914-777-7703
F 914-777-7760
www.villageofmamaroneck.org
We have reviewed the concept of dual-use spaces (i.e. a parking space that you could either pay
meter fees for without a permit or park at with no fee with a permit).
Based on our review, staff recommends the following locations to be identified for dual-use
spaces:
1) Van Ranst Place (the current long-term meters closest to the Mamaroneck Avenue)
2) Philips Park Road (the eastbound side of the northern line & the eastbound side of the
southern lane between Spencer Place and the stop sign adjacent to the lot in back of
CVS)
3) Prospect Lot (a.k.a. “Honda Bob” Lot)
4) Spencer Place Lot.
This will require a local law, but prior to preparing it, this should be reviewed with the Board of
Trustees.
Item Title:
Local Law to Amend the Village Code and Allow Assistant Court Clerks to Live in
Westchester County
Item
Summary:
Local Law to Amend the Village Code to Allow Assistant Court Clerks to Live in
Westchester County
Fiscal
Impact:
ATTACHMENTS:
Description
Budget
Upload Date
10/30/2015
Type
Cover Memo
Item Title:
WiFi at Harbor Island Park
Item Summary: WiFi at Harbor Island Park
Fiscal Impact:
ATTACHMENTS:
Description
WiFi
Upload Date
10/30/2015
Type
Cover Memo
EXISTING LOCATIONS OF OPTIMUM WI-FI TRANSMITTERS
PROPOSED LOCATIONS OF OPTIMUM WI-FI TRANSMITTERS
Item Title:
Appointment of Sunny Goldberg to the Marine Education Advisory Committee (no
back-up)
Item
Summary:
Appointment of Sunny Goldberg to the Marine Education Committee (no back-up)
Fiscal Impact:
Item Title:
Appointment of Liaison (s) to the Marine Education Advisory Committee (no back-up)
Item Summary: Appointment of Liaison (s) to the Marine Education Advisory Committee (no back-up)
Fiscal Impact:
Item Title:
Decommission and Auction of Village Vehicle
Item Summary: Decommission and Auction of Village Vehicle
Fiscal Impact:
ATTACHMENTS:
Description
Email
Resolution
Upload Date
10/29/2015
10/29/2015
Type
Cover Memo
Cover Memo
Village of
OFFICE OF
RICHARD SLINGERLAND
Mamaroneck
Village Hall At The Regatta
P.O. Box 369
123 Mamaroneck Avenue
Mamaroneck, N.Y. 10543
TELEPHONE
(914) 777-7703
FAX NUMBER
(914) 777-7760
VILLAGE MANAGER
RESOLUTION
AUTHORIZING THE SALE OF SURPLUS VEHICLES
WHEREAS, certain Village Vehicles have been recommended to be declared as surplus of they have
exceeded their useful life and purpose; and
WHEREAS, the Village is desirous of selling this vehicle at public auction, which in the past has been
through Auctions International; and
NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Mamaroneck
hereby declare the following vehicle as surplus Village property and authorizes the disposal of the
following vehicle by public sale:
YEAR/MAKE
VEHICLE ID #
MILEAGE
ASSIGNED TO
DISPOSITION
2010Ford CV
2FABP7BV3AX136329
42,131
Police
Auction
BE IT FURTHER RESOLVED that the disposal of these vehicles is authorized in compliance
with the requirements of law, and the Village Manager and all appropriate officials are authorized to
take the actions necessary to dispose of these vehicles.
THE FRIENDLY VILLAGE
Item Title:
Traffic Commission Recommendations
Item
Summary:
Traffic Commission Recommendations:
A. Establish a One Way Street On a Portion of Lester Avenue
B. Establishing a No Parking Restriction on Stoneybrook Avenue
C. Amending a No Parking Restriction To Allow Limited Parking In Front of 1015 Old
Boston Post Road
D. Establish a No Parking Restriction in Front of 1100 E. Boston Post Road (CVS)
Fiscal
Impact:
ATTACHMENTS:
Description
Lester
Stoneybrook
Old Boston Post
East Boston Post
Upload Date
10/29/2015
10/29/2015
10/29/2015
10/29/2015
Type
Cover Memo
Cover Memo
Cover Memo
Cover Memo
RESOLUTION RE:
ESTABLISHING A ONE-WAY STREET ON A PORTION OF LESTER AVENUE
RESOLVED, that the following amendment to Chapter 326 (Vehicle & Traffic Law) of
the Code of the Village of Mamaroneck be and is hereby adopted.
Section 71, Schedule IV: One-Way Streets
Add
Name of Street
Direction of Travel
Lester Avenue
South
Limits
From Hillside Avenue to
Nostrand Avenue
RESOLUTION RE:
ESTABLISHING A NO PARKING RESTRICTION ON STONEYBROOK AVENUE
Section 80, Schedule XIII: Parking Prohibited At All Times
Add
Name of Street
Side
Location
Stoneybrook Avenue
North
From a point 45 feet west of the
Osborne Avenue intersection to
a point 121 feet west thereof
RESOLUTION RE:
AMENDING THE LOCATION OF A NO PARKING RESTRICTION ON OLD BOSTON
POST ROAD
Delete
Name of Street
Side
Location
North
From the east building line of
1015 Old Boston Post Road
westerly to a point 160 feet west
thereof; from the entrance
driveway of the parking lot
westerly to the exit driveway of
the parking lot at 1015 Old Boston
Post Road
Add
Name of Street
Side
Location
North
From a point 45 feet west of the
east building line of 1015 Old
Boston Post Road to a point 40
feet west thereof; from the
entrance driveway of the
parking lot westerly to the exit
driveway of the parking lot at
1015 Old Boston Post Road
RESOLUTION RE:
AMENDING THE LOCATION OF A NO PARKING RESTRICTION ON EAST
BOSTON POST ROAD
Add
Name of Street
Side
Location
East Boston Post Road
North
From the intersection with
Harrison Avenue to a point 400
feet west thereof
Item Title:
120 Madison Street
Item Summary: 120 Madison Street
Fiscal Impact:
ATTACHMENTS:
Description
120 Madison
Upload Date
10/30/2015
Type
Cover Memo
120 Madison Mockup Developments
Existing Conditions:
Lot Area C-1: ~45,000 square feet
Estimated FAR: 0.3
Estimated Floor Area: ~14,000 square feet
Building Coverage: 30%
Parking Area: ~21,820 square feet
Lot Coverage (Impervious + Building Footprint): 78%
Proposed by Applicant:
Lot Area C-1: 45,000 square feet
Estimated FAR: 0.3
Estimated Floor Area: ~11,700 square feet
Parking: 60 Spaces (~19,000-20,000 square feet)
Lot Coverage (Impervious + Building Footprint): 68-70%
Illustrated in figures 1 and 2 attached below
Figure 1
Existing Building (model)
Figure 2
Existing Building
Scenario 1- residential development without zone change
Part 1 Infill housing in current C-1 with no zone change:
Lot Area C-1: ~20,000 square feet
FAR: 0.6
Floor Area: 12,000 square feet
Design: Two story townhouses.
Possible # of units: 8 Townhouses
Possibly # of parking spaces required: 8 3-bedroom townhouses= 20 spaces (6,000 Square feet)
Potential Open Space: 8,000 Square feet
Part 2- Infill housing in current R-4F with no zone change:
25,000 Square Ft in R-4F could be subdivided into five 5,000 square feet lots at 100 x 50
Example for one lot:
FAR: 0.7
Floor Area: 3,500 Square feet
Design: Two-story two-family residential with 1750 square feet per story.
Possible # of units: 2 Units
Parking spaces required: 4 (1,200 square feet)
Potential Open Space: 2,050 square feet
The example when multiplied by the number of lots equates to 5 two-family homes totaling to 10
residential units and 20 parking spaces (6000 square feet)
Illustrated in figures 3 and 4
Figure 4 (Scenario 1)
C-1 Frontage on Old White Plains Rd and Subdivided R-4F 2 Family Homes
C-1 Frontage on Old White Plains Rd
Scenario 2- residential development under changed zoning
Lots above 40,000 square feet are precluded from infill housing under the special permit
provisions in the zoning code, unless below market-rate housing is provided as indicated in
section 342-50.
If the property were to be subdivided to allow for infill housing without below market-rate housing the
area that is currently C-1 could be developed as outlined in part one of scenario one. The other half of
the property that is currently R-4F could be developed under C-1 zoning as follows:
FAR: 0.6
Floor Area: 15,000 square feet
Design: Two story residential building with lofts and a 6,000 square foot footprint.
Possible # of units: 16 Units
Parking spaces required: 28 Spaces (8,400 square feet)
Potential Open Space: 4,100 square feet
Lot Coverage (Impervious + Building Footprint): 57.6%
Illustrated in figure 5
Residential subdivided under C-1 to preclude below market-rate housing.
Scenario 4- Commercial & residential under current zoning
If the property were developed with the front portion as commercial and the back portion were to
remain R-4F, one possible development scenario is as follows:
Lot Area C-1: 20,000 Square feet
FAR: 0.5
Floor Area: 10,000 Square feet
Design: One-story pharmacy
Possible # of units: 1 Commercial tenant
Parking spaces required: 47.5 Spaces (14,250 square feet)
Lot Coverage (Impervious + Building Footprint): 100% unless parking variance acquired.
Illustrated in figure 7
C-1 Commercial Development Existing Zoning
Item Title:
Amendments to the Village Code Regarding the Keeping of Chickens
Item Summary: Amendments to the Village Code Regarding the Keeping of Chickens
Fiscal Impact:
ATTACHMENTS:
Description
BCO
An ordinance
Upload Date
10/29/2015
10/30/2015
Type
Cover Memo
Cover Memo
AN ORDINANCE OF THE VILLAGE OF MAMARONECK, NEW YORK AMENDING THE
VILLAGE OF MAMARONECK CODE, CHAPTER 2, ANIMALS, SECTION 2 TO ALLOW
CHICKENS TO BE KEPT IN THE VILLAGE SUBJECT TO RESTRICTIONS MORE FULLY
SET FORTH HEREIN; PROVIDING FOR REGULATIONS ASSOCIATED THEREWITH;
PROVIDING THAT PRIVATE RESTRICTIONS MAY BE MORE STRINGENT THAN
APPLICABLE VILLAGE REGULATIONS; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE SEVERABILITY OF PARTS HEREOF IF DECLARED
INVALID OR UNENFORCEABLE; PROVIDING FOR READING BY TITLE ONLY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village of Mamaroneck Code is currently silent as to the keeping of poultry
within the Village limits; and,
WHEREAS, the Village Board of Trustees recognizes there has been a nationwide
movement towards sustainable, local food production which aims to foster a greater sense
of community, to educate children about food origins and production, and to reduce energy
and transportation costs and environmental concerns associated with modern farming; and,
WHEREAS, at the request of the organization known as The Committee for the
Environment and other interested citizens, the Village Board of Trustees wishes to enact a
proclamation to the Village Code so as to permit the keeping of chickens within the village
limits, subject to the limitations set forth herein; and,
WHEREAS, the Village Board of Trustees desires to amend the Village Code to set forth
regulations which will be applicable to the keeping of chickens within the village limits so as
to protect the public health, safety and welfare of residents and visitors.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE VILLAGE OF
MAMARONECK, NEW YORK:
The Code of the Village of Mamaroneck, New York; Chapter 2, "Animals", Section 2Chickens, etc. is hereby amended:
1). Residents of the Village of Mamaroneck are hereby permitted to maintain chickens in
accordance with the following provisions:
a. No more than four (4) chickens may be kept at any one residence. Roosters are strictly
prohibited;
b. No person shall slaughter any chickens outdoors;
c. The chickens shall be provided with a movable covered enclosure (i.e. "hen
house/coop") and must be kept in the covered enclosure or a fenced enclosure at all
times. Chickens must be secured within the movable henhouse/coop during non-daylight
hours;
Discussion: Movable coop refers to a coop that can be moved,
as opposed to a fixed coop. It could be rolled on wheels,
dragged on skids, or picked up and relocated. Models that
include access to the ground are commonly called chicken
tractors and numerous examples can be found online. The
requirement for movable coops was added for several reasons
-- first to optimize relations with neighbors. Second, to provide
the hens with different parts of the yard to forage in (particularly
if the yard is unfenced). Third, the movable coop can be relocated to a safer location, such as a garage, if a tropical storm
threatens. Finally, a movable coop facilitates relocation if
situations dictate that the household give up its birds.
Households that built fixed coops prior to legalization should
take steps to acquire a movable coop and comply with the law.
Fixed coops may be subject to building codes.
If the hens are outside the covered coop, they need to be in a
fenced yard. If there is no fenced yard, then the birds must be
in an enclosed structure. The purpose of the fence is two-fold –
to keep the chickens from leaving the owner’s property and to
reduce the likelihood that predators will notice the hens and
enter the property. Containing the birds to the owner’s property
is the result of three factors: the breed of chicken, the design of
the fence, and whether the bird’s wing feathers are trimmed.
Some chicken types, such as game fowl and bantams, are
stronger fliers and should be probably avoided. Heavier breeds
are less likely to be airborne. Some fence types, such split rail,
are obviously not going to contain any birds. The fence must be
adequate to contain the birds to the property and should
prevent crawling under as well as flying over. CLUCK
recommends an opaque fence to reduce the likelihood that
dogs or other predators will see the chickens and want to
chase or attack them.
The chickens have to be secured at night – this means
enclosed within the coop in a manner that raccoons or other
predators cannot open. Bear in mind that while so-called
‘chicken wire’ may be adequate to keep chickens in, raccoons
and opossums will reach through large mesh, grab birds, and
kill them. If you hear chickens at night, there is something
wrong and you need to investigate. Some cautious hen owners
re-purpose baby monitors to make sure nothing attacks the
hens in the coop at night without the owner knowing.
d. The space per bird in the henhouse/coop shall not be less than four (4) square feet per
bird;
Discussion: This is an animal welfare provision. Four square
feet is near the high end of recommended square footage
requirements. For four birds, this means a coop floor area of 16
square feet minimum. In addition to the interior coop area, birds
need access to the yard via a fenced enclosure (c.2 above) or
the ground via a chicken tractor that protects the birds while
giving them access to the ground.
e. No covered enclosure or fenced enclosure shall be located in the front yard, nor shall the
henhouse/coop be closer than ten (10) feet to any property line of an adjacent property, nor
within twenty five (25) feet of any adjacent residential structure. Odors from chickens,
chicken manure, or other chicken related substances shall not be detectable at the property
boundaries;
DISCUSSION:
1) The intent of the first provision is that the chickens and coop
not be visible from the street. It does not address corner lots
with no true front yard. Meeting the intent by screening the
coop and birds from visibility from the street is probably the
best that can be done for corner lots at this time.
2) There is a ten-foot setback from the coop to the property
line. This is a minimum. If you can set the coop further from the
neighbors, try to do so.
3) In addition to the coop being 10 feet from the property line, it
also has to be at least 25 feet from a neighboring residence. If
your neighbor’s house is more than 15 from your property line,
this is not an issue, but if their house is closer than 15 feet,
your coop will have to be located further away. Be considerate
and utilize the movable coop to minimize any neighbor
concerns.
f.
All enclosures for the keeping of chickens shall be so constructed and maintained as to
prevent rodents or other pests from being harbored underneath, within, or within the walls of
the enclosure. The henhouse/coop must be impermeable to rodents, wild birds, and
predators, including dogs and cats. Enclosures shall be kept in neat condition, including
provision of clean, dry bedding materials and regular removal of waste materials. All
manure not used for composting or fertilizing shall be removed promptly;
DISCUSSION: The section addresses several aspects of
chicken raising. The first is sound construction to thwart
rodents. The second, somewhat redundant, provision also
addresses dogs and cats. Third, the coop has to be well
maintained and dry bedding is essential. Finally, if you are not
composting the manure to use as fertilizer, it must be disposed
of.
1) To thwart rats, coop openings should be ¼” x ¼” or smaller
up to a height of 12 inches from ground level.
2) In addition to not having large openings, coops need to
strong enough to withstand assaults from large dogs or
raccoons, day or night.
3) The coop must be well maintained and the most important
aspect is keeping bedding/litter dry.
4) if you are not composting the manure to use as fertilizer, it
must be promptly and properly disposed of (garbage
pickup) and not simply dumped somewhere.
g. All feed and other items associated with the keeping of chickens that are likely to attract
or to become infested with or infected by rodents or other pests shall be kept in secure
containers or otherwise protected so as to prevent rodents and other pests from gaining
access to or coming into contact with them;
DISCUSSION: Feed sacks are vulnerable to almost any animal
and all feeds should be kept in rigid-walled containers and
CLUCK recommends metal containers with tightly fitting lids.
Rats are the pests most likely to gnaw into feed containers and
can chew through many plastics in one night.
h. The sale of eggs or any other chicken products generated in the Village of Mamaroneck
is prohibited unless officially permitted by the New York State Health Department or other
official licensing agency of the State or County;
DISCUSSION: The sale of backyard chicken eggs is already
not feasible due to numerous state requirements, but this
broader language was added to reassure people that there
would not be increased car traffic resulting from any chicken
product sales in the neighborhood. Excess eggs can be given
away, but sanitary egg handling precautions should be
observed in any case.
i.
No dog or cat that kills a chicken will, for that reason alone, be considered a dangerous or
aggressive animal.
DISCUSSION: This provision does not mean that a neighbor’s
dogs or cats can kill chickens with impunity and the chicken
owner has no recourse. The intent and meaning of this
provision is to protect the dog from being labeled as a problem
and possibly being considered for euthanasia. In other words,
the dog should not be penalized for expressing instinctual
behavior (chasing and attempting to kill birds), but the dog’s
owner may be held accountable for the dog’s behavior and
subject to liability (depending on circumstances).
(b) Notwithstanding the provisions of subsection (a) above, the village manager or his
designee may, by special permit, authorize the keeping harboring, raising or maintaining of
poultry (not within a dwelling) within the village limits. A special permit may only be issued
for a specified limited period of time and shall set forth such conditions or requirements as
shall be deemed necessary to mitigate the potential adverse effects upon neighboring
properties.
In determining whether a special permit shall be issued, the village manager or his designee
shall consider the nature of the request, the potential benefit to the village or the general
public which may result if the special permit is granted, and any adverse effects which
neighboring properties may experience if the special permit is granted.
DISCUSSION: This could be invoked to allow demonstration
chickens in areas not zoned for single-family residences (for
example, schools, community gardens, etc.).
Section 2. Nothing herein shall affect the ability of private property owners and/or
neighborhoods to create and/or enforce private restrictions (including but not limited to:
deed restrictions, condominium/association restrictions and by-laws, or private covenants),
which may provide more stringent regulation of chicken keeping than provided for herein,
including the prohibition of chicken keeping.
DISCUSSION: If you live in any situation in which you have
agreed to be bound by a legally-enforceable restrictions and
those restrictions prohibit poultry then that restriction takes
precedence over the village’s ordinance.
Section 3. It is hereby declared to be the intention of the Board of Trustees that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance shall be deemed
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance is
declared unconstitutional or otherwise invalid by the valid judgment of a court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections hereof.
DISCUSSION: This is boilerplate language added to most
government ordinances to ensure than one problematic section
doesn’t invalidate the entire measure.
Section 4. Ordinances in conflict herewith are hereby repealed to the extent of such
conflict.
DISCUSSION: Rather having to review every other ordinance
to identify any possible conflicts, this provision clarifies that, in
the case of conflict, this more recent action takes precedence.
Section 5. The Committee for the Environment shall make a presentation and report to the
Village Board of Trustees regarding the keeping of chickens in the Village pursuant to this
ordinance by no later than three (3) years after its effective date. The report shall contain
an assessment and evaluation of how this ordinance has worked in practice and may
recommend amendments to this ordinance in order to better address any particular
circumstances that have occurred as a result of suburban chicken keeping. After receipt of
the report, the Board of Trustees may determine that no further action is warranted or may
set a public hearing to consider either amendment or repeal of this ordinance.
DISCUSSION: This ‘trial period’ language establishes what
amounts to a probationary period after which the CFTE will
evaluate any issues related to backyard chicken keeping in the
Village. After receiving the report, the Board of Trustees can
take no action, or schedule a public hearing to consider
changes, or repeal the right to keep chickens.
Section 6. This ordinance shall take effect immediately upon second reading.
DISCUSSION: The measure passed second reading on ___________________.
PASSED on first reading by title only, after posting on the bulletin board at Village Hall for at
least three (3) days prior to first reading,
PASSED on second reading and finally adopted this __ day of ___________, 201_.
_______________________________________________________________
Item Title:
Executive Session - Advice of Counsel
Item Summary: Executive Session
Fiscal Impact:

Agenda PDF

Transcription

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