[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck Estates 9-8-1997 by L.L. No. 10-1997 (Ch.
57 of the 1981 Code); amended in its entirety 10-13-2014 by L.L. No. 10-2014. Subsequent amendments noted where applicable.]
A.
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meanings they
have in common usage and to give this chapter its most reasonable
application.
B.
BUILDING
EMERGENCY PREPAREDNESS PRACTICE
PERSON
As used in this chapter, the following terms shall have the meanings
indicated:
Any structure built for support, shelter or enclosure for
occupancy or storage.
Any practice or exercise performed by any person or entity
for the purpose of training in emergency preparedness, evacuation,
fire prevention, rescue procedure and/or extinguishment of fire or
other preparation for emergency conditions; provided, however, that
this definition shall not include such activities by the owner of
a property in the Village conducted solely with the participation
of persons occupying or residing on such property and no more than
one other individual.
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind,
or agent thereof.
No building or structure may be used for emergency preparedness
practice except with a permit as required by this chapter.
A.
Permits
required. No person, entity or owner of real property shall cause
or permit any building or structure to be used for emergency preparedness
practice without first having obtained a permit therefor from the
Mayor, or a Village official or employee designated by the Mayor to
exercise any power of the Mayor pursuant to this chapter, after application
pursuant to this chapter.
B.
Form of application. An application for a permit pursuant to this
chapter shall be submitted in such form as may be prescribed by the
Building Department; and if no such form is prescribed, such application
may be made in any petition form which provides at least the information
required by this chapter.
C.
Applications. Application for permits shall be made only by the owner
of the property where the activity is proposed to be conducted or
by the authorized agent of such owner. Such application shall be filed
with the Building Department and shall contain such information as
reasonably may be required by the Village, including, without limitation,
the following:
(1)
A statement of the full name and residence of each of the persons
having an interest in the premises as owner, tenant, lienor or otherwise.
(2)
Written authorization from each such person having an interest in
the premises describing the emergency preparedness practice proposed
to be conducted on the premises.
(3)
Written authorization from each relevant emergency service provider
having jurisdiction to serve the property where the emergency preparedness
practice is proposed to be conducted and from the Village Police Chief
advising that the proposed practice has been authorized by such persons.
(4)
The date and time when the emergency preparedness practice will take
place.
D.
Conditions. In granting any permit pursuant to this chapter, the
Mayor may impose reasonable conditions and restrictions as the Mayor
shall deem appropriate to protect the health, safety or welfare of
the community, including, without limitation:
(1)
A requirement for a bond or insurance policy, or both such bond and
insurance policy, to protect and indemnify the Village for any claims
or damages resulting from the proposed activity.
(2)
Agreements from each emergency service provider participating in
the proposed activity and from the owner of the property holding the
Village of Great Neck Estates, its agents, officers and employees,
harmless from and indemnifying them against any and all claims or
losses, including attorneys' fees, which may result from the
proposed practice activity or the consequences thereof. Such agreements
shall be in a form approved by the Village Attorney prior to issuance
of any permit pursuant to this chapter.
(3)
Limitations or restrictions regarding the nature and type of chemicals
or other substances which may be used as part of such emergency preparedness
practice. Notwithstanding the foregoing, unless otherwise specifically
allowed by a permit condition, no chemical or other substance which
emits a noxious, unpleasant or irritating odor shall be used as part
of such practice.
(4)
Requirements for notice to be given to owners and occupants of property
in the immediate vicinity of the site where the emergency preparedness
practice is to occur. Notwithstanding the foregoing, unless other
or different notice is specifically required by a permit condition,
no such practice shall occur unless prior written notice has been
given, at least 72 hours prior to the practice, to the owner or occupant
of each property located in whole or in part within 500 feet of the
practice site. Written documentation of such notice having been given
shall be filed in satisfactory form with the Building Department prior
to any practice taking place.
No building, structure or property may be used for emergency
preparedness practice unless all utility services have been disconnected,
removed or sealed in conformity with the applicable regulations of
the public utility or the agency having jurisdiction, unless the Mayor
dispenses with such requirement.
In addition to any other requirement of this chapter, where
a building or structure proposed to be used in any such emergency
preparedness practice is proposed to be demolished in whole or in
part, no such building or structure may be used for such practice
purposes until a demolition permit has been obtained in accordance
with the requirements of this Code.
The provisions of this chapter shall not apply to emergency
preparedness activities conducted at any municipal property or at
property where an emergency services provider maintains a regular
location for the provision of such services, nor to the use of a school
classroom or place of public assembly for the purpose of instruction
on emergency preparedness, provided that no portion of any such building
or property shall be set on fire intentionally as part of such activity.
No person shall cause or permit any fire to be set intentionally
in or to any portion of a building or structure or property pursuant
to a permit granted pursuant to this chapter unless such permit expressly
authorizes such activity.
This chapter shall not be construed, interpreted or applied
to create liability on the part of the Village or any officer or employee
thereof for any loss or damage that may result from reliance on this
chapter or any determination lawfully made thereunder.