[HISTORY: Adopted by the Board of Trustees of the Village
of Cayuga Heights as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-1-1965 (Art.
II of the 2004 Code); amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
No garbage, rubbish, trash, leaves, construction material or
brush shall be burned out of doors in the Village of Cayuga Heights
unless a permit is obtained from the Chief of the Fire Department
of the Village or any person designated by him. No permit shall be
issued, however, for the conduct of such activity a) on any Sunday
or legal holiday, or b) on any day between the hours of 1:00 p.m.
and 8:00 a.m. No permit shall be needed for any fire for cooking purposes
in a container.
Failure to comply with this article shall constitute a violation
as defined in the Penal Law of the State of New York, and any offender
shall be punished in accordance therewith by a fine of up to $250,
imprisonment for not more than 15 days, or both such fine and imprisonment.
[Adopted 12-9-2013 by L.L. No. 6-2013]
The purpose of this article is to amend and restate Local Law
No. 2 of the year 2001 of the Village of Cayuga Heights (the "Village")
in order to detail the requirements for the contents of a lock box,
to clarify the roles of the Village's Code Enforcement Officer
and Police Department in connection with enforcement of this article,
to reduce the violation of this article from a Class B misdemeanor
to an offense punishable by fine, and to reformat this article to
correspond to the format of local laws most recently enacted by the
Village. As referenced in Local Law No. 2 of 2001, the Village has
determined that lock boxes are advantageous in situations that alarm
systems have been activated erroneously and in circumstances in which
a non-forced entry to the premises would be desirable to react to
an emergency. The intent of this article is to specify that all lock
boxes contain a master key to the premises, that the Code Enforcement
Officer may withhold a certificate of occupancy pending compliance
with this article and that the Police Department will be responsible
for enforcement of this article, and that penalties for violation
of this article consist of a structure of fines.
This article is enacted pursuant to the grant of powers to local
governments provided for in § 10 of the Municipal Home Rule
Law to adopt and amend local laws not inconsistent with the provisions
of the New York State Constitution or not inconsistent with any general
law relating to its property, affairs, government or other subjects
provided for in said § 10 of the Municipal Home Rule Law.
As used in this article, the following terms shall have the
meanings indicated:
Any system by which notification of a possible fire or burglary
is made, directly or indirectly, to the police and/or fire department
or other emergency response entity or emergency communications center
or which activates an audible signal that can be heard off of the
property on which the alarm system is located or a visual signal which
can be seen off of the property on which the alarm system is located.
Alarm systems include, but are not limited to, a municipal fire alarm,
radio, telephone leased line, telephone dialer, remotely supervised
alarm systems, or central station systems. Alarm systems shall also
include any system that is activated by motion sensors, infrared sensors
or other system designed to detect illegal entry when such systems
are connected, directly or indirectly, to an emergency response entity
such as a police department, remote supervisor, other emergency response
dispatcher, or to an audible or visual alarm that can be heard or
seen from off of the property on which the alarm system is located.
A device as prescribed by the Village of Cayuga Heights in
coordination with the Cayuga Heights Fire Department and Cayuga Heights
Police Department in which shall be placed a master key to the premises,
access to which box shall be limited and regulated so that a minimum
number of persons shall have access to the key that will open said
lock box and a record is maintained at all times as to the person
or persons who may obtain access to the box. The lock box shall also
contain an updated emergency notification list of at least two individuals
with telephone numbers and addresses. This list will be kept updated
by said owner or resident of the property.
A.
This article shall apply to all areas of the Village of Cayuga Heights.
Lock boxes shall be required for all new and existing buildings except
those one- or two-family dwellings not equipped with or serviced by
an alarm system.
Lock boxes shall be affixed to the structure in a manner detailed
by the manufacturer and in a location established by the Cayuga Heights
Fire Department, Cayuga Heights Police Department or the Village's
Building/Zoning Enforcement Officer.
Any building currently in existence to which this article shall
apply shall have a period ending 90 days from the effective date of
this article within which to comply with the terms of this article.
A.
Village Code Enforcement Officer. In the event that the Code Enforcement
Officer becomes aware of the installation of a new alarm system, and
the Code Enforcement Officer has confirmed that the property owner
has not complied with the requirements of this article in connection
with that alarm system, the Code Enforcement Officer will notify the
Police Department of such failure, and the Code Enforcement Officer
will have the authority to deny any pending certificate of compliance
and/or occupancy for the property until the Code Enforcement Officer
has received confirmation that the owner has complied with this article.
B.
Village Police Department. The Police Department will have the authority
and responsibility for enforcing the provisions of this article.
A.
A violation of § 140-19A of this article is hereby declared
to be a violation, with conviction of a first offense punishable by
a minimum fine of $50 and a maximum fine not to exceed $250. Conviction
of a second or subsequent offense is punishable by a minimum fine
of $100 and a maximum fine not to exceed $250.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
A violation of § 140-19B of this article is hereby declared
to be a violation, with a conviction of a first offense punishable
by a minimum fine of $50 and a maximum fine not to exceed $250. Conviction
of a second or subsequent offense is punishable by a minimum fine
of $100 and a maximum fine not to exceed $250.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Notwithstanding the above, any first-time offender of § 140-19A
or B will be granted the opportunity to provide to the Village of
Cayuga Heights Court proof of compliance to the cited offense. Any
first-time violation in which the offender shows proof of compliance
will be dismissed.
D.
Compliance shall be done within 45 days. The Village has the burden
of proof to establish a repeat offender.
