This chapter shall be known as the "Village of Depew Portable Storage Units Control Law," and shall be incorporated into the Village Code as Chapter
172.
The Village Board finds as follows:
A. Portable storage units are becoming an increasing
problem in the Village.
B. Portable storage units are often unsafely situated.
C. Portable storage units are an eyesore.
D. The extended presence of portable storage units, within
the Village does not contribute to a clean, attractive Village and
may adversely affect the value, use and enjoyment of neighboring properties.
E. The health, safety and general welfare of the citizens
of the Village of Depew are promoted by appropriate limitations on
the use of portable storage units.
The Village of Depew intends by the chapter
to:
A. Require the licensing of portable storage units.
B. Require that the use of portable storage units be
limited to safe areas and then only for a limited time.
C. Provide for the health, safety and general welfare
of the citizens of the Village of Depew.
D. Exercise the Village's police power under the Municipal
Home Rule Law, under Village Law and otherwise by the State of New
York.
This chapter shall apply within the confines
of the Village of Depew.
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
The following are not subject to this chapter:
A. Commercial containers containing only construction
and demolition debris in place within the Village for 72 hours or
less.
B. Containers within enclosed buildings or structures
which are regularly occupied for residential or commercial purposes.
C. Containers used for recyclable materials collected
by or on behalf of the Village.
D. Containers no larger than 100 gallons in volume (Or
if several containers are used, they total no more than 100 gallons
in volume.), placed only on private property and used exclusively
for the regular and ordinary collection and removal of garbage and
refuse produced by a residence located on the same lot or parcel as
the container.
A violation of any provision or requirement
of this chapter shall be punishable by a fine of not less than $100,
nor more than $500. Each day a portable storage unit is used within
the Village without a license, in violation of an issued license,
or otherwise shall constitute a separate violation.
The provisions of this chapter are hereby declared
to be severable. If any provision, clause, sentence or paragraph of
this chapter or the application thereby to any person, establishment
or circumstance shall be held invalid, such invalidity shall not alter
the other provisions or applications of this chapter.
This chapter is effective on the first day after
it is filed with the Office of the New York Secretary of State in
accordance with § 27 of the New York Municipal Home Rule
Law.