This chapter shall be known as "Local Law Number 3 of 2012"
(herein, the "chapter"). When used herein, the following terms have
the following meanings unless the context thereof otherwise requires
or so admits:
GENERAL MUNICIPAL LAW, EXECUTIVE LAW, MUNICIPAL HOME RULE LAW,
PENAL LAW, AND THE LIKE
Shall refer to New York State statutes (each as now exists
or as hereafter amended or re-codified), and their applicable regulations,
rules, enforcement and interpretive orders and guidelines, and any
applicable orders or executive orders implementing or interpreting
such statutes, rules, or regulations.
LAW
Whenever such term is used it shall refer to all applicable
local, state, and federal laws, regulations, rules, enforcement and
interpretive orders and guidelines, and any applicable orders or executive
orders implementing or interpreting such statutes, rules, or regulations,
and the common law sounding in law and equity, relative to the subject
matter of such referenced matter, Law or Law.
LOCAL ENFORCEMENT OFFICER
The Town Clerk, the Town Supervisor, the Town's Code
Enforcement Officer, and any other person or officer appointed for
such purpose by future resolution of the Town Board.
LOCAL LAW
This Local Law Number 3 of 2012, a "Local Law to Authorize
Bingo and Games of Chance within the Town of Lansing."
TOWN
The Town of Lansing.
This chapter is adopted pursuant to, inter alia, the authority
granted by § 477 of Article 14-H of the General Municipal
Law, § 188 of Article 9-A of the General Municipal Law,
and § 10 of the Municipal Home Rule Law. The purpose of
this chapter is to declare bingo and legal games of chance as lawful
activities within the Town when conducted in accordance with this
chapter and applicable state and federal laws pertaining to such games.
Any prior local law or ordinance of the Town concerning this same
subject matter (bingo and games of chance) are hereby repealed, superseded,
and replaced by this chapter, including, but not limited to, Town
of Lansing Ordinances No. 1 (Bingo Ordinance No. 1 of 1958) and No.
1A of 1963 (an ordinance amending Bingo Ordinance No. 1, of 1958).
No person or entity within the territorial limits of the Town
shall own, operate, conduct, or permit any games of chance unless
the same are permitted and not prohibited by the New York State Gaming
Commission or otherwise by law. No games of chance, except those permitted
by New York State, shall be permitted or allowed within the Town,
and all games of chance prohibited by the Penal Law, the General Municipal
Law, the Executive Law, or otherwise by law are expressly prohibited
within the Town. All methods of operating games of chance as prohibited
by the said Penal Law are also expressly prohibited in the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. All provisions of New York State law generally applicable to misdemeanors
shall apply to any criminal proceeding brought under this chapter,
and any misdemeanor shall be deemed an unclassified misdemeanor. For
purposes of this chapter, the Town's justice court is hereby
vested and imbued with jurisdiction to issue administrative and other
warrants in compliance with the New York Criminal Procedure Law and
administrative codes of the State of New York, as well as to hear
and adjudicate allegations relating to the criminal or civil violation
of this chapter and, thereafter, if appropriate, impose any fine,
penalty, or sanction.
B. Any person or entity that violates any of the provisions of this
chapter shall be guilty of a criminal violation and subject to a fine
of not more than $1,000 or by imprisonment for not more than one year,
or both. Each day that any noncompliance or violation continues is
and may be charged as a separate violation.
C. In addition to any other remedy, a violation of, or noncompliance
with, this chapter may result in the termination, modification, or
revocation of any permits or approvals as issued.
D. The application or pursuit of any civil or criminal fine, sanction,
or penalty shall not preclude the pursuit of any other lawful remedy
by the Town, including, but not limited to, the right to seek equitable
relief.
(1) Whenever
the Town shall believe from evidence satisfactory to it that there
is a violation of this chapter, the Town may bring an action to enjoin
and restrain the continuation of such violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice
Law and Rules; and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In
such action, the court may also award any damages or other relief
requested, including declaring the rights and interests of any parties
and imposing any civil penalties. The remedies provided by this chapter
shall not be in lieu of, and shall be in addition to, any other right
or remedy available to the Town, whether sounding in enforcement or
otherwise.
The Town and its officers and agents shall not be liable or
responsible for any injuries, losses, claims, or damages to, arising
from or alleged as caused in whole or in part by the Town's actions,
or failures to act, under or pursuant to this chapter or the law,
unless it is proven to a reasonable degree of certainty that such
injury, loss, claim, or damage was solely caused by a willful or intentional
act of the Town or its officers and agents. This provision shall be
construed and applied to the maximum extent permitted by law, and
does not create any theory or claim of liability where none exists
at law, or in law or equity.
If any part or provision of this chapter, or the application
thereof to any person or circumstance, be adjudged invalid by any
court or tribunal of competent jurisdiction, such judgment shall be
confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances. If such provision is deemed invalid or unenforceable
generally, and thus is or needs to be severed from this chapter, the
remainder of this chapter shall remain in full force and effect and
the Town Board declares that it would have adopted this chapter even
if a portion hereof may be stricken, absent, or unenforceable.
This chapter shall take effect upon November 6, 2012, if then
approved by the electors.