Village of Williamsville, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville 12-11-1989 by L.L. No. 5-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 6.
Blasting — See Ch. 12.
Parks and public areas — See Ch. 70.

§ 73-1 Purpose.

The purpose of this chapter is to provide for the regulation and control of activities inimical to the peace, quiet, good order and safety of the inhabitants of the Village of Williamsville.

§ 73-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DRIVE-IN SERVICE FACILITY
An establishment which includes provision for a customer to conduct business or secure consumer goods while remaining within a motor vehicle.
[Added 3-23-2009 by L.L. No. 2-2009]
EMERGENCY
A public calamity exposing any person or property to imminent danger of loss or harm.
MOBILE FOOD VEHICLE
A self-contained mobile food unit in which ready-to-eat food is prepared, cooked, wrapped, packaged, processed or portioned for service, sale, or distribution.
[Added 10-24-2016 by L.L. No. 7-2016]
MOBILE FOOD VENDOR
The owner or owner's agent of a mobile food vehicle.
[Added 10-24-2016 by L.L. No. 7-2016]
PEDDLER/STREET VENDOR
Any person offering goods or services for profit while traveling door to door or upon the public streets.
RECREATIONAL VEHICLE
A motorcycle, all-terrain vehicle (ATV), trail bike, minibike, snowmobile or any other vehicle which is propelled by any power other than human power and is designed for or capable of cross-country travel.
REFUSE-COMPACTING VEHICLE
Any vehicle which is either designed to be used or is used to compact or transfer refuse, garbage or trash.
SPECIAL EVENT OUTDOOR SEATING
The temporary placement and use of removable tables and chairs on any public sidewalk or other outdoor area within the Village for the purpose of serving food or beverages in connection with any special event requiring a permit under § 73-4. No such outdoor seating shall be utilized for more than three consecutive days nor more than a total of 15 days in any one calendar year. Any establishment that wishes to place and use such seating for more than three consecutive days or 15 total days in any one calendar year must comply with the regulations governing seasonal outdoor seating in § 112-16J.
[Added 5-28-2013 by L.L. No. 4-2013]

§ 73-3 Prohibited noise.

It shall be unlawful to:
A. 
Erect, demolish, alter or repair any building exterior or excavate any site between the hours of 9:00 p.m. and 7:00 a.m., except in the case of emergency or in the interest of public safety.
B. 
Operate any refuse-compacting vehicle between the hours of 9:00 p.m. and 7:00 a.m.
C. 
Operate or permit the operation of a lawn mower or recreational vehicle or a chain saw or log splitter, except for the emergency removal of trees and limbs from any street, between the hours of 9:00 p.m. and 8:00 a.m.
D. 
Use any sound-amplification device or other instrument for the purpose of attracting attention, except in the case of an emergency or as hereafter limited.
E. 
Discharge any explosive device or firearm.
F. 
Operate any amusement ride, outdoor show, outdoor exhibition, entertainment or performance between the hours of 11:00 p.m. and 8:00 a.m.
G. 
Create, or permit the creation of, any loud noise which disturbs the public peace in any way between the hours of 11:00 p.m. and 8:00 a.m.
[Amended 3-23-2009 by L.L. No. 2-2009]
H. 
Operate a drive-in service facility, located on any lot adjoining or located within 100 feet of any property zoned or used for residential purposes, employing the use of microphones, speakers or other electronic voice transmission systems between the hours of 11:00 p.m. and 6:00 a.m., unless the owner or operator of such facility shall have obtained a special permit from the Board of Trustees pursuant to Subsection H(1) herein.
[Added 3-23-2009 by L.L. No. 2-2009]
(1) 
The applicant for a special permit pursuant to this section shall demonstrate, to the satisfaction of the Board of Trustees, that the operation of the drive-in service facility between the hours of 11:00 p.m. and 6:00 a.m. will not unreasonably interfere with the use and enjoyment of surrounding residential properties. The applicant may make such showing through the use of physical, technological and/or operational controls, and the Board of Trustees may condition its grant of a special permit upon the installation and/or adoption of such controls as it deems reasonably necessary to ensure that the operation of the drive-in service facility will not adversely affect neighboring properties.
(2) 
Any special permit granted hereunder may be revoked at any time by the Code Enforcement Officer in the event he finds that any condition or conditions required under the permit have not been installed and/or utilized or otherwise prove to be ineffective.
I. 
Create any loud noise or amplified sound associated with any activity requiring a permit pursuant to § 73-4 outside the time periods incorporated into, or otherwise in violation of, such permit.
[Added 11-26-2012 by L.L. No. 11-2012]

§ 73-4 Activities requiring permit from Mayor.

A. 
The following activities when conducted by any individual or private organization shall be permitted only upon issuance of a permit by the Mayor:
(1) 
Winterfest.
(2) 
Foot- or bike races.
(3) 
Block parties.
(4) 
Outdoor exhibitions.
(5) 
Sidewalk sales.
(6) 
Bonfires or any other open fire.
(7) 
Operation of four or more coin-operated amusement devices on one premises.
(8) 
Street vending or peddling,
(9) 
Distribution of printed matter on a public street for the purpose of commercial solicitation.
(10) 
Any activity that involves a sound-amplification device.
(11) 
Special event outdoor seating.
[Added 5-28-2013 by L.L. No. 4-2013]
(12) 
Mobile food vendor.
[Added 10-24-2016 by L.L. No. 7-2016]
B. 
In issuing a Mayor's permit under Subsection A, the Mayor may limit the hours of the permitted activity and/or otherwise impose reasonable conditions, beyond those specified in § 73-3, so as to:
[Amended 11-26-2012 by L.L. No. 11-2012]
(1) 
Assure the public safety.
(2) 
Limit the accumulation of refuse.
(3) 
Maintain good order and decorum.
(4) 
Control noise level.

§ 73-5 Street peddlers and vendors.

A. 
No person, whether on foot or in a vehicle, shall sell, peddle, hawk or vend upon the public streets or other public areas of the Village or go from house to house soliciting purchases unless a permit has been first issued by the Mayor. The permit shall be produced by the peddler or vendor upon the request of any individual solicited.
B. 
A permit granted hereunder shall not be transferable and shall expire on the first day of June of each year.
C. 
No person shall engage in solicitation or peddling at any time before 9:00 a.m. or after 5:00 p.m. except upon invitation from or an appointment with the resident.

§ 73-6 Mobile food vendors.

[Added 10-24-2016 by L.L. No. 7-2016[1]]
A. 
No mobile food vendor shall vend on the public street unless a permit has been first issued by the Mayor. The permit shall be produced by the mobile food vendor upon the request of any individual solicited.
B. 
Permit.
(1) 
No mobile food vendor shall vend on the public street without a valid permit issued pursuant to § 73-4A(12).
(2) 
In order to obtain such permit, the mobile food vendor shall:
(a) 
Present the mobile food vehicle for inspection by the Code Enforcement Officer, or provide proof of an equivalent inspection from another municipality performed within the previous six months;
(b) 
Provide proof of current and valid insurance;
(c) 
Provide proof of current and valid vehicle registration; and
(d) 
Provide proof of current and valid Erie County Health Department inspection.
C. 
Mobile food vending shall not be conducted before 9:00 a.m. or after 11:00 p.m. on a residential property.
D. 
Mobile food vending shall not be conducted before 7:00 a.m. or after 11:00 p.m. on a nonresidential property or in a right-of-way adjacent to a nonresidential property.
E. 
Within nonresidential zoning districts, it shall be unlawful for a mobile food vendor to conduct business at a single location within a public right-of-way for a duration exceeding three hours.
F. 
At all times, mobile food vendors must abide by the New York State Transportation Law and all applicable parking, vehicle and traffic laws, ordinances, rules and regulations.
G. 
All signage associated with a mobile food vendor must be permanently affixed to the mobile food vehicle. No accessory signage shall be placed outside or around the mobile food vehicle.
H. 
All mobile food vendors must provide trash receptacles of sufficient capacity to contain all trash and waste generated in association with the business of the mobile food vendor. All waste and trash shall be placed in the trash receptacles. All trash, waste, litter and debris shall be removed from the site of the vending operation at the end of each daily operation.
I. 
It shall be unlawful to discharge liquid waste, fats, oils or grease on the land. Such discharges shall be held in appropriate containers and then disposed of in a legally permissible manner.
J. 
Mobile food vendors shall not conduct operation from a site that contains a gasoline service.
K. 
Each mobile food vehicle shall be inspected annually by the Building Department for firesafety code compliance, unless proof of an equivalent inspection performed by another municipality within the previous six months is provided.
L. 
All required permits shall be posted conspicuously on the mobile food vehicle.
M. 
Each mobile food vehicle shall be registered as a commercial vehicle with the New York State Department of Motor Vehicles.
N. 
When parked on a public or private right-of-way, products shall not be dispensed from the street side of the mobile food vehicle.
O. 
A mobile food vehicle shall not be operated in reverse in order to attempt or make a sale.
P. 
When parked on a public or private right-of-way, a mobile food vehicle shall not be parked within 60 feet of an intersection with another public or private right-of-way boundary.
Q. 
The following fees shall be paid to the Village Clerk with an application for a mobile food vendor permit:
(1) 
Mayor's permit fee as determined from time to time by the Village Board of Trustees.
(2) 
Inspection fees, if applicable, in amounts as determined from time to time by the Village Board of Trustees.
R. 
A permit granted hereunder shall not be transferable and shall expire on the first day of June of each year.
[1]
Editor's Note: This local law also provided for the renumbering of former § 73-6 as § 73-7.

§ 73-7 Offensive odors.

[Added 12-12-2011 by L.L. No. 5-2011]
A. 
It shall be unlawful to use or store any material or substance on any property within the Village in such a manner as to cause or emit any offensive odors of such duration or intensity so as to unreasonably interfere with the use and comfortable enjoyment of neighboring properties.
B. 
This provision shall be enforced by the Code Enforcement Officer, and any person found to have violated this provision shall be subject to the penalties set forth in § 1-11 of this Code.
C. 
The Code Enforcement Officer shall immediately forward any complaint received alleging a violation of this section to the Mayor.