[HISTORY: Adopted Orangetown Town Board 2-11-1963.]
By the enactment of this ordinance, the Town Board of the Town
of Orangetown declares its intent in so doing to be to require that
"places of business," as defined herein, which are open to the public,
be adequately attended. The enactment of this ordinance is hereby
declared to be in the interests of the inhabitants, residents and
taxpayers of the Town of Orangetown and of other members of the general
public coming thereto or visiting or sojourning therein for any purpose.
It is enacted for the purpose of protecting the life and property
of all such persons and others who for any purpose may enter into
or upon such places and to prevent any injury, hurt, annoyance or
undue inconvenience to them and to prevent the occurrence of any situation
or act, either overt or inadvertent, which might be detrimental to
the welfare, peace, good order and safety of the people of the Town
of Orangetown and others. It is also enacted to prevent the disturbance
of the peace and quiet of the Town of Orangetown as a result of the
operation of such places and to promote the health, safety, morals
and general welfare of the Town of Orangetown. Therefore, this ordinance
is enacted in recognition of the above and of the need for regulating
such places of business and in the exercise of the police power of
the Town Board of the Town of Orangetown.
As used in this ordinance:
Any individual, association, partnership, proprietorship,
corporation or any body, group or unit or combination thereof.
Includes any place or area located in a structure or structures
or building or buildings in the Town of Orangetown which are kept
open to the public or to which the public is invited for the purposes
of trade, commerce, business, personal services or accommodation or
other services or assistance rendered for any price, sum of money
or other consideration whatsoever.
No person shall operate or permit the operation in the Town
of Orangetown of any place of business as defined herein unless at
all times when the same is open to the public for the purposes of
such place of business there is in attendance and present therein
and thereat an individual or individuals acting as the agent or agents
for and representative or representatives of such person to run, conduct
and administer such place of business.
A.Â
Any person who operates or permits the operation of a place of business in the Town of Orangetown in violation of § 36-3 of this ordinance shall be deemed to have committed an offense against this ordinance and shall also be liable for said violation or the penalty therefor.
B.Â
For every violation of this ordinance, the person so violating
the same shall be subject to a fine of not more than $50 and imprisonment
for not exceeding 30 days, or shall be subject to both such fine and
imprisonment. Each day that such a violation exists or continues to
exist shall constitute a separate violation of this ordinance.
C.Â
In addition to the above provided penalty and punishment for violation or violations of this ordinance, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, to restrain by injunction any violation of this ordinance, and to close such place of business to access by the general public until compliance with the provisions of § 36-3 of this ordinance is assured.
All ordinances or regulations heretofore adopted by the Town
Board of the Town of Orangetown in conflict with this ordinance are
hereby repealed.
If any clause, sentence, paragraph, section, part or provision
of this ordinance 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 effect and operation
to the clause, sentence, paragraph, section, part or provision as
was directly involved in the controversy in which such judgment shall
have been rendered.
This ordinance shall take effect 10 days after publication and
posting or immediately upon personal service as provided by Section
133 of the Town Law.
