[HISTORY: Adopted by the City Council of the City of Newburgh 11-12-2002 by L.L. No.
4-2002. Amendments noted where applicable.]
A.Â
Legislative intent. It is the purpose of this chapter to protect
the health, safety and welfare of the residents of the City of Newburgh
and those persons passing through as transients or visitors or who
otherwise are within the jurisdiction of the City of Newburgh by regulating
the hours of operation of certain retail business establishments.
The City Council of the City of Newburgh has enacted this chapter
to address the negative secondary effects of retail establishments
open during the late evening hours and early morning hours, based
upon police resources, the crime rate, the public order, public safety,
public health, physical and mental health, property values, environmental
noise, light and air pollution, littering, sanitation and local motor
vehicle traffic. The provisions of this chapter have neither the purpose
nor effect of restricting or denying access to merchandise or protected
speech.
B.Â
Findings. The Mayor and members of the City Council of the City of
Newburgh are all residents of the City and familiar with the locations
of businesses which operate during the late evening and early morning
hours. Many of such businesses are in close proximity to residences.
The Mayor and Council are also cognizant of serious public safety
concerns in the local community associated with the nighttime operations
of such retail businesses. Based upon the Mayor's and Council's
local knowledge and evidence concerning the impacts or "secondary
effects" of nighttime retail establishment operations on the community,
as presented in hearings and in studies and reports made available
to the Council with respect to local business locations, it is hereby
found that the operations of certain retail establishments during
the late evening and early morning hours lend themselves to unlawful
activities at and in nearby proximity to such premises, that are not
within the proper control of the operators of the establishments.
Such unlawful activities include the discharge of firearms, illegal
handgun possessions, assaults, larcenies and narcotics crimes, as
well as City Code violations. There are not adequate legal provisions
making the owners of these establishments responsible for such activities.
Such unlawful activities, coupled with the additional negative effects
of late evening and early morning business hours of retail establishments,
including noise and light pollution associated with motor vehicle
traffic, littering and sanitation issues, and impacts on adjacent
and nearby property values constitute a menace to the public health,
safety and welfare, which in the absence of corrective measures will
result in a deterioration in social values, a curtailment of investment
and tax revenues and an impairment of economic values. The imposition
of limits on the late evening and early morning hours of operation
of such businesses will serve as a deterrent to and reduce opportunities
for illegal activities by, between or against customers, as well as
mitigate other negative environmental, traffic and sanitary secondary
effects. The hours of operation of such retail establishments should
be reasonably regulated in order to protect the substantial governmental
concerns raised by the various findings herein.
As used in this chapter, the following terms shall have the
meanings indicated:
A premises where alcoholic beverages are sold for consumption
on premises; or a premises operated as a place of assembly where alcoholic
beverages are provided by the operator of the premises, his or her
agents, servants or employees.
Any store, shop, market or place of business in which goods,
wares, food, beverages or merchandise of any type, nature or description
are offered for sale to a purchaser.
Premises used for the sale of gasoline and any other motor
vehicle fuel, oil and other lubricating substances to the public,
including incidental sale of motor vehicle accessories, prepackaged
food items and tangible consumer goods primarily for self-service
by the customer. Related motor vehicle services may also be provided,
including the repair, greasing, washing, servicing and adjusting of
vehicles.
Premises where prescription drugs are sold at retail, together
with dry goods, foods or beverages.
Premises where food is sold and which provides seating at
tables or counters for its patrons to consume the food on premises.
This definition shall not include premises where a nonalcoholic beverage
or snack is available but is incidental to the conduct of the business
at the premises.
The sale or the offer for sale of goods, wares, food, beverages
or merchandise of any description, type or nature on a direct basis
to a purchaser to be consumed primarily off premises.
[Amended 3-28-2011 by L.L. No. 2-2011]
It shall be unlawful for any retail establishment, except those set forth in § 189-4 hereof, to operate and remain open to the public between the hours of 12:00 midnight and 5:00 a.m.
This chapter shall not apply to restaurants, bars, bowling alleys,
billiard parlors, barber shops, beauty parlors, movie theaters and
playhouses, hotels and motels, gasoline stations, pharmacies and pharmacy
sections of any store which dispenses prescription drugs which must
be physically separated from the other areas of the store; provided,
however, that this chapter will apply to the remainder of said store,
and further provided that said pharmacy and pharmacy section is under
the immediate supervision of a licensed pharmacist. This chapter shall
also not apply to any establishments whose hours of operation are
otherwise regulated by state laws or regulations which preempt the
regulation of hours of operation by the City.
A.Â
Any violation, by a person, firm, partnership, corporation or other
entity, of this chapter shall be deemed an offense punishable by a
fine not to exceed $500 or imprisonment for a period not to exceed
six months, or both.
B.Â
Any person who takes part in or assists in any violation of this
chapter shall also be subject to the penalties provided herein.
C.Â
Each day or part thereof that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
A.Â
The Police Department shall enforce the provisions of this chapter
against any person found to be violating the same.
B.Â
Nothing contained herein shall be deemed or construed so as to prevent
the enforcement of any other remedy at law, concurrent or otherwise,
available to the City Council or other law enforcement authority to
avoid or prevent any violation or attempted violation of this chapter,
such as but not limited to an injunction or restraining order.
This chapter is in addition to any other law, ordinance or regulation
affecting the subject matter herein and is not in limitation thereof.
