Village of Sag Harbor, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 6-11-1931 by Ord. No. 2 (Ch. 38 of the 1968 Compilation). Amendments noted where applicable.]
GENERAL REFERENCES
General provisions — See Ch. 1, Art. I..
Animals and fowl — See Ch. 80.
Mass public assemblies — See Ch. 85.
Fire prevention — See Ch. 138.
Use of land and beach — Ch. 186, Art. I.
Use of Village property — See Ch. 210, Art. I.
Streets and sidewalks — See Ch. 235.
No person or persons shall indulge in disorderly, noisy or riotous conduct, or aid, countenance or assist another in making any improper noise or disturbance within the corporate bounds of the Village, or unnecessarily congregate upon the streets, sidewalks or in doorways or stairways adjacent thereto, to the annoyance or disturbance of citizens or travelers, or in any way disturb any meeting or assembly in said Village.
No person shall use any profane, obscene, vulgar or indecent language in any street or other public place in the Village; and no person shall deface any post, wall, fence, building, tree or other surface with any obscene, immodest, immoral or vulgar mark, writing, picture or print.
It shall not be lawful for any person to appear on any of the streets, public halls or public places in the Village in a state of intoxication.[1]
[1]
Editor's Note: Original § 38-4, Noisemaking instruments, which immediately followed this section, was repealed 8-13-1973 by L.L. No. 1-1973.
It shall not be lawful for any person or persons to bathe in any of the waters within the corporate bounds of the Village unless attired by a suitable bathing suit or covering, or to disrobe in any of the streets or public places or in any automobile or wagon in said streets or public places in said Village.
[1]
Editor's Note: See Ch. 186, Parks and Recreation.
[Amended 5-31-1932; 12-8-2015 by L.L. No. 17-2015; 12-13-2016 by L.L. No. 14-2016]
It shall be unlawful, at any time within the corporate bounds of the Village, for any person to use, fire, or discharge or assist in firing or discharging any firearm, as defined by Article 265 of the New York State Penal Law, unless such person is a police or peace officer acting in the discharge of duty, or by such officer or another person, provided it is reasonably necessary for the protection of life or property in accordance with state law.
[Added 5-31-1932]
It shall not be lawful for any person to fire or discharge or assist in firing or discharging any fireworks, rockets, firecrackers, torpedoes or other explosives at any time within that part of the Village included within the following bounds: Beginning at point where the high-water mark of the waters of Sag Harbor Bay is intersected by the center line of Burke Street extended; thence along the true and extended center line of Burke Street to the center line of Washington Street; thence along the center line of Washington Street to the center line of Church Street to the center line of Sage Street; thence along the center line of Sage Street to the center line of Madison Street; thence along the center line of Madison Street to the center line of Spring Street to the center line of Bridge Street to the high-water mark of the waters of Sag Harbor Bay, included in this restricted area all docks, wharfs, bulkheads and buildings erected on or over the water, to the point or place of beginning; and in other parts of the Village only on July 4 in each year, and, in the event that July 4 occurs on Sunday, on the following day, and at such other times as written permission to do so shall have been granted by the Mayor or Board of Trustees of the Village.
[Added 12-8-2015 by L.L. No. 17-2015[1]; amended 1-10-2017 by L.L. No. 4-2017]
No person shall hunt, trap or pursue wildlife at any time within the corporate bounds of the Village; provided, however, that the owner of property within the Village, or a person who has first secured the written consent of the owner, may engage in such conduct on such owner's property. This prohibition is in addition to all prohibitions, terms and conditions relating to hunting, shooting and trapping set forth at New York State Environmental Conservation Law, Article 11. Notwithstanding the foregoing, the use of firearms, as defined by Article 265 of the New York State Penal Law, to hunt is prohibited.
[1]
Editor’s Note: This ordinance also repealed former § 192-7, Air rifles and pump guns.
It shall not be lawful for any person to cause, suffer or allow any horses, cattle, sheep, swine, goats or fowl to roam at large or to be pastured in any street or public place within the corporate bounds of the Village.
[1]
Editor's Note: See Ch. 80, Animals.
[Added 10-25-1983 by L.L. No. 11-1983]
The regulation of commercial photographic activity is deemed necessary to preserve the public peace and good order; to prevent unreasonable use of Village streets, the Village beach, Village buildings and other public facilities for commercial purposes; and to promote the health, safety and general welfare of the community, including the protection and preservation of the property of the Village and its inhabitants.
[Added 10-25-1983 by L.L. No. 11-1983; amended 10-1-1985 by L.L. No. 15-1985; 2-10-2015 by L.L. No. 1-2015; 3-28-2018 by L.L. No. 6-2018]
No commercial photographic activity shall be conducted without a permit therefor issued by the Clerk-Treasurer and approved by the Mayor, which permit may only be granted upon five days' prior written application therefor. No such permit shall be issued for photographic activity which in the judgment of the Mayor would unduly obstruct traffic (vehicular and/or pedestrian) or create any other hazardous condition or unduly disturb the peace and good order of the Village. Should traffic control (vehicular and/or pedestrian) in the judgment of the Mayor become necessary, it is hereby understood that the applicant will bear the cost of said control. The application shall show the proposed site(s) and/or equipment, if any, involved. The applicant shall also supply the Village with proof of public liability insurance with policy limits of $500,000/$1,000,000. The Village Board may establish a higher or lower amount of insurance protection for a specific permit in its sole discretion. The fee for the aforesaid permit shall be set by resolution of the Village Board.
[1]
Editor's Note: A resolution requiring a $1,000 bond for all applicants requesting photo/filming permits was adopted by the Board of Trustees 12-3-2002.
[Added 10-25-1983 by L.L. No. 11-1983; amended 8-8-2017 by L.L. No. 11-2017]
A. 
All persons, firms or corporations in violation of § 192-1, 192-5, 192-6, 192-7, 192-10, 192-12, 192-13, 192-14, or 192-16 of this Chapter 192 shall be subject to a minimum fine of $200 and shall answer or appear on or before 15 days from the date of issuance. Each day a violation continues shall be deemed to constitute a separate offense.
(1) 
Upon failure of a person to appear or answer on or before the return period or any subsequent adjourned date, such person shall be subject to the following surcharges, in addition to the prescribed fines:
(a) 
If the aforementioned fine shall not be paid within 15 days from the date summons was issued, a late penalty equal to 1/2 the original fine shall be added to the fine; and
(b) 
If the fine is still not paid within 60 days from the date the summons was issued, an additional late penalty in an amount equal to 1/2 the original fine shall be added to the fine, in addition to the surcharge imposed by Subsection A(1)(a) herein; and
(c) 
If the fine is still not paid within 90 days from the date the summons was issued, an additional penalty of $50 shall be added to all other fines and penalties previously assessed.
B. 
Any person, firm or corporation violating any other provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding the sum of $250 for any offense, and each day that a violation continues shall be deemed to constitute a separate offense.
It shall not be lawful for any person or persons to post, hang or placard show bills, posters or any printed or written notices or advertisements of any kind whatsoever upon any post, pole, tree, fence, bridge or other surface on any street or public place within the Village, except legal notices and rules made, adopted and enacted by the Board of Trustees of said Village and posted by order of said Board upon such billboards as may be authorized and located by said Board of Trustees.
It shall not be lawful for any person or persons to dispose, deposit or place, or cause to be disposed, deposited or placed, any handbills, circulars or other advertising matter in any street, yard or upon any porch or in any vehicle in such Village.
It shall not be lawful for any person or persons to burn or cause to be burned on any premises occupied solely or in part for business purposes any papers, waste or refuse, except in approved incinerators on the premises of the party lawfully in possession of same, or to burn any papers, leaves or any other matter in any of the streets or public places in said Village without the permission of the Road Commissioner.[1]
[1]
Editor's Note: Original § 38-13, Hours of operation of retail business establishments, added 11-20-1966 by L.L. No. 17-1986; amended 3-3-1987 by L.L. No. 2-1987, which immediately followed this section, was repealed 8-6-1991 by L.L. No. 5-1991.
[Added 4-2-1991 by L.L. No. 3-1991]
A. 
As used herein, the following terms shall have the indicated meanings:
FILL
Any soil, dirt, earth product, excavated material or other material commonly known as "fill."
IMPORTED FILL
Fill obtained from any location or site other than the lot on which it is being deposited.
VACANT LOT
A lot which is not improved with a building.
B. 
It shall be unlawful for any person to deposit or permit the deposit of imported fill on a vacant lot, without first having obtained a permit to do so as hereinafter provided.
C. 
Permit application.
(1) 
Application for such permit shall be made to the Building Inspector. The Building Inspector may require the applicant to furnish such information as may be reasonably necessary, including the nature and quantity of the fill and plans with respect to grading and drainage.
(2) 
In determining whether to grant or deny such permit, the Building Inspector shall consider the impact thereof upon drainage and related concerns. Incident to granting such a permit, the Building Inspector may impose conditions in order to minimize the impact thereof upon drainage and related concerns.
(3) 
Only clean fill or an approved equal shall be deposited pursuant to any such permit.
(4) 
If the Building Inspector denies such permit, the applicant may appeal to the Board of Trustees.
D. 
Any violation of any conditions imposed incident to granting such permit shall be deemed a violation of this chapter.
E. 
The Board of Trustees may, by resolution, establish a fee for such permit; any such fee may be amended from time to time by resolution.
F. 
The deposit of imported fill on a vacant lot shall be exempt from the permit requirement of § 192-15B under the following circumstances:
(1) 
Where a valid building permit has been issued and is in effect for construction of a building on such lot, provided that the deposit is incident to and in furtherance of construction authorized by such building permit.
(2) 
Where a site plan approval or subdivision approval has been granted and is in effect for such lot, provided that the deposit is incident to and in furtherance of development authorized by the Planning Board.[2]
[2]
Editor's Note: Original § 38-15, Special event permit or license required; fee, added 4-10-2007 by L.L. No. 6-2007, which immediately followed this section, was repealed 12-9-2008 by L.L. No. 8-2008.
[1]
Editor's Note: Original § 38-14, Penalties for offenses, as amended, was repealed 10-25-1983 pursuant to L.L. No. 11-1983.
[Added 1-10-2017 by L.L. No. 2-2017]
No person shall cast, throw, place or deposit, or cause to be cast, thrown, placed or deposited, any paper, throwaways, debris, rubbish, refuse, leaves or other foreign matter in or upon any street, lane, alley or public place in the Village of Sag Harbor.
[Added 1-10-2017 by L.L. No. 2-2017]
A. 
During the period of time established by the Superintendent of Public Works for fall pickup of leaves by the Village, the owner of property abutting a public street, or an employee of such owner (but not an independent contractor), may place leaves emanating from such property along the shoulder of such street (but not in the roadway) in long, narrow piles or in biodegradable paper bags.
B. 
Section 192-16 shall apply to any person (including an independent contractor) who places leaves on the right-of-way of a public street, except that § 192-16 shall not apply to an abutting landowner or an employee thereof who places leaves pursuant to and in accordance with Subsection A above.
C. 
Fall leaf pickup is intended to be for pickup of leaves placed by the abutting landowner an employee thereof (such as a caretaker employed by the owner to take care of the owner's property) pursuant to and in accordance with Subsection A above, and thus the provisions of Subsection A above are intended to be a limited exception to § 192-16. Fall leaf pickup is not intended to be for pickup of leaves placed by an independent contractor (An independent contractor is expected to dispose of leaves at a disposal site rather than placing leaves on the right-of-way of a public street for pickup by the Village.), and thus the littering prohibition (§ 192-16) is intended to prohibit an independent contractor from placing leaves on the right-of-way of a public street.