As used in this chapter, the following terms shall have the
meanings indicated:
DAY-CARE CENTER
Any program or facility caring for children for more than
three hours per day per child, as those terms are defined in § 390
of the New York Social Services Law.
HOUSING ACCOMMODATION
Any building, structure, or portion thereof which is used
or occupied or is intended, arranged or designed to be used or occupied
as the home, residence or sleeping place of one or more human beings.
PLAYGROUND
Any public land designated for recreational or athletic purposes
by the Incorporated Village of Malverne, the Town of Hempstead, the
County of Nassau, and/or any school district.
REGISTERED SEX OFFENDER
Any person who has been convicted of an offense and is registered
with the State Division of Criminal Justice Services pursuant to the
provisions of Article 6-C of the New York Correction Law.
SCHOOL
Any institution, building or structure used for teaching
children or imparting an education.
SHELTER
Any residential facility providing temporary housing, for
which such temporary use and occupancy of the housing facilities the
owner or primary tenant of the property receives compensation, either
directly from the temporary occupant or through reimbursement from
a third party on behalf of such temporary occupant, or both.
Any person, corporation, company, partnership, firm or other
legal entity violating any of the provisions of this chapter shall
commit an offense, the fine for which shall not exceed $1,000 for
each offense. Each daily violation of this chapter shall constitute
a separate offense.
This chapter shall apply to all actions occurring on or after
June 1, 2006.
Unless otherwise provided, the provisions of this chapter shall
be administrated and enforced by the Building Inspector, Deputy Building
Inspector, Interim Building Inspector, Assistant Building Inspector
and any sworn police officer.
This chapter shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
chapter, or in the event that a pertinent county, state or federal
administrative agency issues and promulgates regulations preempting
such action by the Incorporated Village of Malverne. The Board of
Trustees of the Incorporated Village of Malverne may determine via
mere resolution whether or not identical or substantially similar
statewide legislation has been enacted for the purposes of triggering
the provision of this section. Likewise, if any of the provisions
of this chapter shall be determined to be unconstitutional or otherwise
unenforceable, it shall not affect the constitutionality or enforceability
of the remaining provisions.