[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.]
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.
As used in this chapter, the following terms
shall have the meanings indicated:
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]
A public calamity exposing any person or property to imminent
danger of loss or harm.
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]
The owner or owner's agent of a mobile food vehicle.
[Added 10-24-2016 by L.L.
No. 7-2016]
Any person offering goods or services for profit while traveling
door to door or upon the public streets.
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.
Any vehicle which is either designed to be used or is used
to compact or transfer refuse, garbage or trash.
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]
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.
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]
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.
[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:
R.
A permit granted hereunder shall not be transferable and shall expire
on the first day of June of each year.
[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.
[Added 5-26-2020 by L.L. No. 6-2020]
In addition to any other applicable requirements governing the
installation and use of artificial outdoor lighting provided in the
Code:
A.
In addition
to any other regulations and restrictions related to artificial lighting
provided for in the Code of the Village of Williamsville, all artificial
lighting shall be shielded or aimed to eliminate unnecessary illumination
and to ensure that there shall be no glare, light pollution and light
trespass onto adjacent property, and no such light shall be of such
intensity as to create a nuisance or detract from the use and enjoyment
of adjacent property.
[Added 6-28-2021 by L.L. No. 1-2021]
A.
No person shall employ the use of powder, dynamite or other explosives for any purpose without prior approval of the Board of Trustees and all appropriate permits required by Chapter 15 for fire prevention and building code administration issued by the Building Department.
B.
A preblast survey of all buildings or structures within a radius
of 800 feet of the blast site shall be required prior to issuance
of a permit, unless such survey is waived by the Board of Trustees
upon satisfactory evidence supplied by the applicant that such survey
is not necessary under the circumstances.
C.
No charge shall be used larger than is necessary to achieve the purpose
of the blasting or use of explosives.
