[HISTORY: Adopted by the Board of Trustees
of the Village of Honeoye Falls 7-26-1989 by L.L. No. 4-1989.
Amendments noted where applicable.]
The Board of Trustees finds that there is a
danger to the health, safety and general welfare of the residents
of the village posed by the operation of certain filling stations/convenience
stores during late evening and early morning hours where such stations
abut or are in close proximity to residentially zoned properties.
The Board has received a continuous series of complaints in recent
years, which it finds to be justified, from homeowners in residential
districts located near filling stations/convenience stores in the
village, regarding noise, both from persons and automobiles, vandalism
and excessive traffic flow during the early morning hours, all emanating
from filling stations/convenience stores. In weighing the extreme
irritation, inconvenience, diminution of property values and danger
to person and property, which homeowners and their families have experienced
and are experiencing as a result of early morning filling stations/convenience
stores' operations against the relatively minor inconvenience that
would be caused to said establishments if they were required to close
to the public for a few hours in the early morning, the rights of
the filling stations/convenience stores are outweighed by the rights
of citizens in the residential areas to the quiet, peaceful and undisturbed
enjoyment of their homes, particularly during the early morning hours.
Accordingly, the Board finds that regulation of the hours of operation
of filling stations/convenience stores located in close proximity
to residences will be in the public interest and will better serve
to protect the health, safety, welfare, good order and governance
of the village.
As used in this chapter, the following terms
shall have the meanings indicated:
An establishment or business selling or offering for sale
or providing to the public gasoline and other related motor vehicle
products and food, beverages, beer, cigarettes and other related items.
It shall be unlawful and a violation of this chapter for the owner, lessor, lessee or operator of any filling station/convenience store located in the village on a lot that is within 500 feet of any other lot in the village which is legally used for single or multiple dwellings, under the provisions of Chapter 190, Zoning, of the Honeoye Falls Village Code, to sell, operate or transact business between the hours of 11:00 p.m. and 5:30 a.m. on the following day, each day of the week, and all exterior lighting and illumination shall be extinguished during these hours.
[Amended 9-16-1996 by L.L. No. 6-1996]
In addition to any other penalties or remedies
available to the Village of Honeoye Falls, any person, corporation,
firm or other entity who violates the regulations of this chapter
shall, upon conviction, be guilty of a violation and shall be subject
to a fine of up to $250 or imprisonment for not more than 15 days,
or both. Each day such violation continues shall constitute a separate
offense and shall be punishable as such.
