[Adopted 1-5-1971 by L.L. No. 1-1971]
This article shall be known and may be cited as "local law restricting
the storage of liquefied petroleum gas in the Town of Halfmoon."
As used in this article, the following terms shall have the meanings
indicated:
CONTAINER
Any tank, whether or not used upon, attached, welded or otherwise
fastened to a vehicle, truck, trailer or railroad car.
INHABITED BUILDING
A building or structure regularly used in whole or in part as a place
of human habitation. It shall also include any church, store, school or any
other buildings or structures where people are accustomed to congregate or
assemble.
LIQUEFIED PETROLEUM GAS
Any materials which is composed of propane, propylene, butanes, (normal
butane iso-butane) and butylenes.
PERSON
Any individual, corporation, joint association or partnership.
STORAGE
The permanent location or temporary location for more than 24 hours
of any tank or container hereinafter described.
The storage of liquefied petroleum gas or other combustible liquid in
tanks or containers having individual capacities exceeding 2,000 gallons (water
capacity) is hereby prohibited within the Town of Halfmoon where any such
container or tank is located within 1,000 feet of any inhabited building or
within 100 feet of any public street or highway or of any mainline railroad
track.
Any person who causes, suffers or permits the storage of such gas in
violation of this article upon lands owned by him or which are subject to
his control or who, not being the owner thereof, stores or causes to be stored
such gas in violation hereof shall be guilty of a misdemeanor. The lease or
sublease of lands may be, for the purpose of this article, considered an owner
thereof.
Each violation of any of the provisions of this article shall be punishable
by a fine of not more than $1,000 or imprisonment for not more than one year,
or both. Each twenty-four-hour period during any part of which such gas is
unlawfully stored shall constitute a separate and distinct violation.