[Adopted 7-19-2006 by L.L. No. 4-2006]
The following terms have the following meanings when used in
this article:
ELEVATOR
Any electric, geared, or machine-powered vertical or horizontal
lift or chute, whether or not intended to transport people or animals.
FIRE DEPARTMENT
Any person, group, or organization that is registered, certified,
or licensed by the State of New York to respond to fires and other
emergencies in the Town of Lansing, specifically including, but not
limited to, the Town of Lansing Volunteer Fire Department, and any
successor organization thereto. "Town Fire Department" refers to the
Town of Lansing Volunteer Fire Department. Whenever the presence or
permission of the Town Fire Department is referenced, such reference
shall require the presence or permission of the Fire Chief.
HAZARDOUS MATERIALS
A.
Any chemical, biological, radiological, petroleum based, carcinogenic,
toxic, explosive materials or compounds, polychlorinated biphenyls,
other carcinogens, oil and other petroleum products, radon gas, urea
formaldehyde, chemicals, gases, solvents, pollutants or contaminants,
and any other hazardous or toxic materials, wastes, and substances
which are defined, determined or identified as such in any past, present
or future federal, state or local laws, bylaws, rules, regulations,
codes or ordinances, or in or by any judicial or administrative interpretation
thereof, that could be a detriment or pose a danger to the environment
or to the health or safety of any person, animal, property, and/or
the environment; and
B.
Any material or compound defined as hazardous by or under the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980 (42 U.S.C. § 9601 et seq. and 40 CFR § 302.1
et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C.
§ 6901 et seq.), the Federal Water Pollution Control Act
(33 U.S.C. § 1251 et seq. and 40 CFR § 116.1 et
seq.), the hazardous materials Transportation Act (49 U.S.C. § 1801
et seq.), the Superfund Amendments and Reauthorization Act of 1986
(hereinafter, SARA), the New York State Environmental Conservation
Law, and the New York Navigation Law, and all regulations promulgated
under any of the foregoing, all as now exist or as hereafter amended,
re-codified, or superseded.
KEY SWITCH or KEY SWITCHES
An approved UL-type switch with a physical or electronic
key or code that can be operated to gain access to any structure or
property.
LOCK BOX or LOCK BOXES
A UL-type high-security keyed vault approved by the Town
Fire Department for the storage of keys and materials providing emergency
information and access to a specified structure or property.
MSDS
Material Safety Data Sheets, being those informative pamphlets
or safety and emergency documents as are required to be kept for hazardous
materials, and hazardous, explosive, caustic, and similar materials,
chemicals, and compounds as required by any local, state or federal
law or regulation, including, but not limited to, the regulations
of OSHA.
PERSON or PERSONS
Any one or more individuals or entities, but not the Town,
a Fire Department (including the Town Fire Department), or the Code
Enforcement Office, as those terms are separately defined by and within
this article.
STRUCTURE or STRUCTURES
Any and all buildings, facilities, gates, fences, walls,
rooms, sheds, garages, tents, and any other permanent or nonpermanent
building or facility.
TOWN
The Town of Lansing, and such term shall include the Town
Board, the Town Planning Board, the Zoning Board of Appeals, all official
and standing committees, and all elected officials, officers, managers,
department heads, employees, and agents thereof.
[Amended 3-18-2009 by L.L. No. 5-2009]
Each of the following structures shall require one or more lock
boxes:
A. All new and existing structures that have an automatic alarm.
B. All new and existing structures that have an elevator.
C. All new and existing structures that have an automatic fire suppression
system.
D. All new and existing structures that have one or more automatic gates.
E. All properties and structures protected by secured or locked gates,
fences, walls, or barriers of any sort.
F. All structures storing more than 500 gallons of petroleum products.
G. All new and existing properties or structures that store, for industrial
or commercial uses or purposes, including retail or wholesale sale
or delivery, any hazardous materials.
Lock boxes shall be securely and permanently affixed to the
structures in the manner detailed by the manufacturer and in a location
established and approved by the Town Fire Department. All lock boxes
shall be kept locked at all times, except during any emergency event.
Each automatic gate shall have a key switch installed that permits
a person to open and operate the automatic gate from a readily accessible
location approved by the Town Fire Department. A "readily accessible
location" means a location that does not require such automatic gate,
nor any other barrier or lock, to be opened, bypassed, or operated
to gain ready access to the key switch.
Any property or structure currently in existence to which this
article applies shall have a period ending July 31, 2007, within which
to comply with the terms of this article.
Each lock box and each key switch shall be universally keyed
to match the master key held by the Town Fire Department. No lock
box will be sealed without advance notice to the Town Fire Department
and the presence of the Town Fire Department. The Town Fire Department
shall designate the type of lock box to be used within the Town and
shall have the authority to require all properties and structures,
and the owner(s) thereof, to use the designated system.
The Town Fire Department and the Code Enforcement Office may
and shall have access to any property and/or structure at any time
to inspect any lock box, key switch, or other matter or thing pertaining
to this article, without, inter alia, liability therefor in trespass.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Any person who tampers with, defaces, damages, or improperly gains
access to any lock box or key switch, or attempts any of the foregoing,
shall be and be deemed in violation of this chapter, and any failure
to comply with this chapter shall be in violation of this chapter.
B. 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.
C. 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 subject to a civil penalty of not more
than $2,000 to be recovered by the Town in a civil action. Each week
that any noncompliance or violation continues is and may be charged
as a separate violation.
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 shall not be liable or responsible for any injury to
persons or damage to property (including property and structures)
due to the Town's actions, or failures to act, under or pursuant
to this article, unless it is proven to a reasonable degree of certainty
that such injury or damage was solely caused by a willful or intentional
act of the Town. In limitation of the foregoing, the Town assumes
no liability or responsibility for:
A. Any defects
in the operation of any lock box or key switch;
B. The lack
of any required documents or things within any lock box;
C. The failure
of any property or building to have a lock box or key switch, to have
a fully or properly functioning lock box of key switch, or to have
functioning keys or codes thereto;
D. The security
or loss of any property or thing within any lock box; and/or
E. The security
of or any damage or loss to any structure or building, or any contents
thereof or appurtenances thereto, arising from unlawful or improper
access to or use of any lock box or key switch, or the codes, keys,
documents and things therein contained.
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this article shall be adjudged invalid by
a court of competent jurisdiction, such determination, order, or judgment
shall not affect or invalidate the remainder of any article, section,
subsection, paragraph, subdivision or clause of this article. Any
such invalidity shall be confined in its operation to the clause,
sentence, paragraph, section or article thereof directly involved
in the controversy in which such determination, order, or judgment
shall have been rendered.
Subject headings in this article are provided for reference
and convenience only and shall not be deemed or construed to limit
the meaning, definition, or import of any provision contained under
any such subject heading. Plural and singular terms shall be construed
in the singular or plural, as the definition or context of the term
so requires or admits. Terms with gender references shall be construed
as male, female, or neuter, as the definition or context so requires
or admits.