[HISTORY: Adopted by the Town Board of the Town of Lansing 2-26-2014 by L.L. No. 1-2014. Amendments noted where applicable.]
Local Law No. 1 of 2014 shall be known as the "Sign Law" of
the Town of Lansing (hereinafter the, or this, "chapter").
The intent and purpose of this chapter is to establish specifications,
procedures, and rules for signs in the Town of Lansing, excluding
the Village of Lansing. Compliance with these regulations will permit
proper identifications of businesses and important local facilities
and buildings, preserve and enhance the visual quality of the area,
and prevent installations which are particularly distractive and hazardous
to vehicular or pedestrian traffic.
As used in this chapter, the following terms shall have the
meanings indicated:
The R3 and RA land use area classifications as established and mapped in and by Chapter 270, Zoning, of the Code of the Town of Lansing.
A type of flag, not an emblem of a government or institution,
with graphics that are purely decorative or that identify, advertise,
or convey commercial information.
Any outdoor sign that directs attention to a business, commodity,
activity, service, or product not conducted, sold, or offered upon
the premises where such sign is located.
An establishment, activity, or use that provides goods, merchandise,
services, resources, or entertainment to the general public for gain.
The B1, B2, and IR land use area classifications as established and mapped in and by Chapter 270, Zoning, of the Code of the Town of Lansing.
Refers to the dark-sky standards for lighting and luminaires,
generally designed to provide for glare-free, downward directed, and
shielded lighting as promotes the dark-sky standards of the International
Dark-Sky Association (IDA), Tucson, Arizona, including, for example,
meeting the goals and standards expressed in the "Outdoor Lighting
Ordinance and Community Standards" Information Sheet No. 172, and
the IDA "Outdoor Lighting Code Handbook."
A sign that utilizes computer-generated data or some other
electronic means to display messages through the use of light, including
through flashing, intermittent, rotating, or moving light, or light
that has the appearance of flashing, moving, or scrolling. Common
examples would be LCD and LED signage.
The Town Code Enforcement Officer, the Town Building Inspector,
and any other person appointed by the Town Board to represent the
Town in particular matters pertaining to this chapter.
A sign which may be erected or placed without a sign permit
or a site plan review under the provisions of this chapter.
Any sign or sign structure not attached to the exterior of
a building.
Any sign illuminated, spotlighted, or lit by electricity,
gas, or other artificial or concentrated light source, including,
but not limited to, reflective, luminescent, or phosphorescent light,
whether originating from outside the body of the sign or from within
or behind it. Illuminated signs shall include electronic message display
signs.
An organization established to serve a social, educational,
or religious purpose. Common examples would be hospitals, schools,
or churches.
A lawfully existing sign as of the effective date of adoption
of this chapter, or any subsequent amendment hereto, that does not
conform to the requirements of this chapter; but not including off-premises
signs.
See definition under "billboard or off-premises sign" above.
A sign related to any activity, business, profession, service,
or commodity provided, sold, or offered upon the premises where such
sign is located.
A geographical unit in which a coordinated design for visual
communication is approved through a site plan review process, consisting
mainly of a sign development plan.
The Planning Board of the Town.
A sign which:
Advertises, supports, or opposes any one or more persons for
public elective offices or a political party;
Expresses an opinion upon, or urges a particular vote or action
upon, a social, political, or public issue.
Conveys one's views on worship, ethics, philosophy of life,
or similar beliefs.
Any sign or sign structure not permanently affixed to the
ground or to the exterior of a building. A common example includes
a temporary sign mounted upon a trailer.
A lot or parcel identified as a Tax Map parcel by the Tompkins
County Assessment Department that is located in the Town. Where any
land use spans multiple tax parcels, then all such parcels shall here
be deemed one premises.
Each, every, and all public streets, public sidewalks, public
roads, public alleys, and public highways within the Town that are
Town highways by use, highways by dedication, and/or highways by prescription
or implication, including the paved or finished surfaces thereof,
all governmental signage, all ditches, culverts, drains and drainage
ways, all utility and similar structures and appurtenances, and all
land, improved or otherwise, within the bounds of the highway rights-of-way.
The R1, R2, and L1 land use area classifications as established and mapped in and by Chapter 270, Zoning, of the Code of the Town of Lansing.
Any lawful or permitted business activity customarily conducted
entirely within a dwelling or structure accessory to a dwelling.
To cause displayed text, graphics, or light to move or appear
to move up, down, or across the screen or the face of the sign.
A device for visual communication publicly displayed to identify,
advertise, or convey information. The term "sign" includes the sign's
frame, border, base, pole, stand, and any other portion of the structure
supporting the sign; however, for purposes of sign square footage
calculations, only the sign and its frame or border shall be counted.
"Signs" also include all types of signs whenever the sign is placed
in view of the general public, including, but not limited to, sign
boards, billboards, banners, painted wall signs, hanging signs, illuminated
signs, ground and free-standing signs, and any announcements, declarations,
demonstrational materials, displays, illustrations, posters, or insignia
used to advertise or promote the interests of any person or commercial
activity, whether or not related and unrelated to a commercial activity
or to a commodity or service sold or offered upon the premises where
such sign is located.
A collection of drawings and written statements describing
all pertinent details of signs and related features included in a
planned sign area.
A permit to erect, install, build, place, emplace, site,
or substantially rebuild or repair any sign.
Refers to a method of calculating the measurements, dimensions,
and geometric area of a sign pursuant to basic mathematical rules
reasonably applied, as follows: i) if a sign is irregular in shape
or consists of independent or detached letters or symbols, the area
of said sign shall be determined by measuring the area within a regular
simple polygon completely enclosing the sign or enclosing such independent
or detached letters or symbols as they are intended to be installed;
ii) if a sign is regular in shape, by measuring the surface area of
the sign, including its frame(s) and border(s); iii) all square footage
limitations and similar dimensional rules and regulations herein are
to be measured upon and in relation to a single face of the sign if
the sign has two basic display sides; and/or iv) if a sign has more
than two display sides or surfaces, then the Enforcement Officer shall
determine and calculate the total dimensions of the sign by calculating
the sum of all display sides or faces unless, in the reasonable determination
of the Enforcement Officer, one or more display sides or faces are
de minimus and should not be counted in calculating the sign square
footage calculation (an example would be a standard two-sided rectangular
sign with printing upon the frame of the sign).
Refers to site planning standards as contained in Chapter 270, Zoning, of the Code of the Town of Lansing, including, where applicable, review and approval by the Planning Board.
A sign limited to a period of use not to exceed 30 days,
or such other period of time as allowed by this chapter (e.g., construction
signs). Common examples include construction signs, for sale signs,
portable signs, banners, flags, pennants, ribbons, streamers, and
fluttering or revolving devices, usually intended to draw attention
to a new commercial activity, a sale, a new product or service release,
an activity temporary in nature, etc.
The Town of Lansing, Tompkins County, New York, and each
and all of its officers, employees, and agents.
A departure from the rules, terms, or requirements of this
chapter when duly authorized by the Zoning Board of Appeals, usually
arising from practical difficulty or unnecessary and undue hardship
peculiar to an individual situation which is not the result of the
actions of the applicant. For this purpose, the definitions and standards
of both use variances and area variances shall apply as set forth
in, and construed under, Town Law §§ 267-a and 267-b.
A freestanding, off-premises sign, but not an illuminated
sign, that includes a community welcome message or logo and individual
placards displaying directional information for business establishments
and public places to assist travelers in finding local businesses,
services, and sites.
A.
Except as to §§ 210-5 and 210-12 and any enforcement rights or powers as set forth below, certain signs are exempt from this chapter and do not require a sign permit or any site plan review when they meet the standards below or are classified by the Enforcement Officer as an exempt sign; such signs are not illuminated signs; and such sign(s) comply with the following listed conditions, regulations, and restrictions, if and as applicable:
(1)
Tourist-oriented signs and directional and informational signs, which
may not exceed six square feet. Common examples include wine trail
signs, historical signs, and Cayuga Scenic Trail signs. The Enforcement
Officer shall reasonably determine whether a sign constitutes or qualifies
as a tourist-oriented or directional and informational sign and, for
this purpose, any design, logo, name, or trademark of or referencing
any commercial activity shall be an indication that the sign is not
a tourist-oriented or directional and informational sign, but such
factor alone shall not be determinative of such question.
(2)
Construction project signs, where:
(3)
Signs advertising the sale, lease, or rental of the premises, where:
(4)
Temporary signs, including banners, flags, pennants, streamers, ribbons,
and mobile or portable signs are allowed where:
(a)
Such signs, in total area, do not exceed 16 square feet;
(b)
Such signs are not emplaced for more than 30 days; and
(c)
Such signs shall be and are removed within seven days from the
end of the event, and/or are not re-emplaced within 30 days of their
removal, whether in the same or any other nearby location.
(5)
Political signs are allowed whenever they do not exceed 32 square
feet in all sign districts.
(6)
Signs erected and maintained by any governmental agency pursuant
to and in discharge of any governmental function or any sign that
is required by any law, ordinance, or governmental regulation;
(7)
Any flags, emblems, or symbols of a nation or a governmental body
or school;
(8)
Memorial tablets or historical markers erected by any governmental
agency;
(9)
signs or temporary signs erected or emplaced for public safety, when
in the discretion of the Enforcement Officer such signs are allowed
or are necessary for public safety or regulating pedestrian or vehicular
traffic;
(10)
Signs or decorations emplaced in celebration of national holidays,
generally recognized days of observance, or significant local, regional,
or national events, provided that they do not constitute a public
nuisance or hazard and do not contain names, trademarks, or logos
relating to any commercial activity.
(11)
Traditional residential accessory signs. Common examples of
such signs include signs promoting a favorite college, university,
or team, temporary signs portraying household or neighborhood events,
or signs displaying a historical location or family crest.
(12)
Wayfaring signs, where:
(a)
Such wayfaring signs are owned, installed, and maintained by
the Town or a governmental authority granted a sign permit by the
Town.
(b)
The location of wayfaring signs shall be determined by the Town
Board and should be located at or near appropriate intersections.
(c)
The maximum size of wayfaring signs shall be determined by the
Town Board upon a case-by-case basis.
(d)
Each wayfaring sign shall incorporate a Town of Lansing logo
or welcoming message, as determined by the Town Board, and each placard
placed on the wayfaring sign shall be reasonably identical in size,
style, color, and design.
(e)
Wayfaring signs shall be located so as not to impede vehicular
sight distances and shall be designed and constructed to minimize
maintenance.
(f)
Wayfaring signs will, to the extent practical, be located in
a public right-of-way or on public property, subject to any necessary
approvals or permits from the applicable government with jurisdiction.
If the wayfaring sign is to be located upon private property, appropriate
permission or a license or easement shall be obtained from the property
owner(s).
B.
If any sign listed or referenced above exceeds any conditions or
limitations stated above, then each such sign shall require a sign
permit or site plan review as elsewhere required by this chapter.
A.
All non-exempt signs shall require a sign permit. Where and whenever
required by this chapter or by any determination or opinion of the
Enforcement Officer, certain signs may also be subject to site plan
review.
B.
All sign square footage calculations and all numerical, dimensional,
and area references in this chapter shall apply to each sign; and
all non-temporary signs collectively shall not exceed any numerical,
dimensional, or area references as stated in this chapter. However,
when sign square footage calculations are applied to temporary signs,
existing lawful signs and their sign square footage calculations shall
be excluded. Thus, and by way of example and not limitation, if Joe's
Auto Dealership has a permitted sign at the maximum sign square footage
calculation for its premises and wants to place banners to advertise
a weekend car sale, such dealership would be limited to a maximum
amount of temporary sign(s) square footage as based upon the maximum
allowable signage for the premises upon which the dealership is located,
without regard to, or any reduction for, the existing and lawful non-temporary
signs upon such premises.
C.
The following regulations shall apply to all illuminated signs:
(1)
Illuminated signs shall not be lit or illuminated from one hour after
sunset until sunrise each day; except that business identification
signs may remain lit or illuminated during normal business hours.
(2)
The illumination of any sign shall employ only light emitting a constant
intensity, shall comply to the reasonable extent possible with dark-sky
requirements, and shall not emit a light exceeding 0.3 footcandles
measured at night.
(3)
No illuminated sign shall contain flashing, intermittent, rotating,
or moving light, or may otherwise have the appearance of flashing,
moving, or scrolling, however the overall static image may periodically
change, but no more frequently than every 15 seconds.
(4)
In no event shall an illuminated sign be placed, or its light directed,
so that the illumination is: i) directed upward; ii) directed at or
upon any public right-of-way in any manner which may be reasonably
expected to cause, create, or contribute to glare or distracting reflected
light; iii) directed at or upon any adjacent occupied building or
structure in any manner which may be reasonably expected to cause,
create, or contribute to glare or distracting reflected light. The
Enforcement Officer shall reasonably determine whether any illuminated
sign causes, creates, or contributes to glare or any distracting reflected
light as such terms are used in this subsection. In making any such
determination the Enforcement Officer may employ dark-sky standards.
(5)
All illuminated signs shall be subject to site plan review.
D.
Electronic message display signs are allowed only in commercial sign
districts and all such signs shall be subject to site plan review.
E.
Except for wayfaring signs issued pursuant to a sign permit, no billboards
or off-premises signs are permitted or allowed in any sign district
or area of the Town without a use variance.
F.
Except for wayfaring signs, or unless otherwise allowed by this chapter,
or unless a permit therefor has been obtained by any governmental
or public authorities having jurisdiction over such public right-of-way,
no signs may be located within any public right-of-way unless approved
through a site plan review process or pursuant to a variance. Any
sign located within such public right-of-way shall require permission
or permits from any governmental or public authorities having jurisdiction
over such public right-of-way.
G.
No freestanding sign for residential-based businesses located within
a residential sign district shall exceed nine feet in height. No other
freestanding sign shall exceed 15 feet in height. Signs located or
mounted upon the exterior of any building or structure shall not extend
above the fascia or be mounted on the roof.
H.
No planned sign area may be sited within any residential sign district.
I.
Unless expressly otherwise permitted by this chapter, a variance
is granted, or unless within a planned sign area:
(1)
For all commercial activity signs and other commercial and business
signs, no more than two signs shall be allowed per each premises and
the area of each such sign shall not exceed the maximum allowed area
for each such sign as based upon its use and location and the requirements
of this chapter; and
(2)
Only one residential-based business sign is allowed per each premises
upon which a residential business (or home occupation) is located.
J.
The failure to timely comply with any conditions stated in any site
plan review approval, any variance, or upon any sign permit shall
be deemed a violation of this chapter.
A.
Commercial signs shall not exceed 18 square feet.
B.
Residential-based business signs shall not exceed nine square feet.
C.
Multifamily dwelling, townhouse, mobile home park, housing development,
and like residential signs shall not exceed 12 square feet and only
one sign is allowed per entrance.
D.
Institution signs shall not exceed 40 square feet.
A.
Commercial signs shall not exceed 48 square feet.
B.
Residential-based business signs shall not exceed 24 square feet.
C.
Multifamily dwelling, townhouse, mobile home park, housing development,
and like residential signs shall not exceed 12 square feet and only
one sign is allowed per entrance.
D.
Institution signs shall not exceed 40 square feet.
A.
Commercial signs shall not exceed 48 square feet.
B.
Residential-based business signs shall not exceed 24 square feet.
C.
Multifamily dwelling, townhouse, mobile home park, housing development,
and like residential signs shall not exceed 12 square feet.
D.
Shopping center or plaza signs shall not exceed 48 square feet, and
individual store or business signs within such shopping center or
plaza shall not exceed 16 square feet for each business (and are in
addition to the center's or plaza's signage), unless pursuant
to an approved planned sign area.
E.
Institution signs shall not exceed 48 square feet.
The Enforcement Officer shall examine the predominant purposes
and uses of any Planned Development Area (PDA) and shall then, for
purposes of this chapter, classify the PDA as subject to residential
sign district rules, agricultural sign district rules, or commercial
sign district rules.
A.
A planned sign area must be classified either as:
(1)
A business and technology park and research park planned sign area.
For the purposes of this section, a "business and technology park"
or "research park" is specifically defined as an integral unit to
be used for business, technology, industry, research, or office purposes,
or a combination thereof, which: i) is under the ownership and/or
developmental control of a single entity; and ii) contains a minimum
of three detached structures and five acres of land, unless lesser
minimums are approved by the Planning Board. Contiguous businesses
may be added to a business and technology park and research and its
park planned sign area; or
(2)
Shopping mall planned sign area. For the purpose of this subsection,
a "shopping mall" is specifically defined as any group of three or
more stores which share a common vehicular entrance or entranceways,
common off-street parking, and that contain a minimum of three acres.
Contiguous businesses may be added to a shopping mall and its planned
sign area; or
(3)
Contiguous business planned sign area. A "contiguous business" is
any business, technology, industry, research, or office facility which
is contiguous to a shopping mall, a business and technology park,
a research park or to any other business or facility which is included
in an existing planned sign area.
B.
Such classification shall be performed by the Enforcement Officer.
C.
The purpose of a planned sign area is to introduce a degree of flexibility
in the conventional regulation of signs in such a way as to encourage
improved visibility, readability, coordination of height, color, shape,
lighting, and other sign design features.
D.
All planned sign areas shall submit a sign development plan. A sign
development plan shall meet the following criteria:
(1)
The sign development plan must be coordinated to cover the entire
area.
(2)
The sign development plan must result in a more desirable environment
than would be possible through the strict application of other sections
of this chapter, including aspects of public safety, coordinated identification
and non-distracting communication to the public concerning the goods
and services offered within the planned sign area.
(3)
To the extent practical, a sign development plan shall preserve or
enhance any significant scenic, historical, geological, or architectural
features within the proposed planned sign area.
(4)
A written explanation of the character and purpose of the planned
sign area and an indication of the expected timetable for development.
(5)
Sketches necessary to illustrate typical sign designs, lighting,
coloration, and locations.
E.
The Enforcement Officer, upon receipt of a completed application
and sign development plan, shall forward such information to the Planning
Board for site plan review.
F.
The Planning Board shall approve, reject, or approve with conditions
the sign development plan and the proposed planned sign area pursuant
to the timetables, rules, and requirements set forth for site plan
review.
G.
If a conditional approval is issued, the applicant and owner of the
premises shall comply with such conditions.
H.
If any approval is issued, the sign development plan may not be changed
without the review by, and site planning approval from, the Planning
Board, but new signs may be emplaced and existing signs replaced,
repaired, or relocated, when:
(1)
A sign permit is issued there for by the Enforcement Officer;
(2)
The proposed sign, or changes to any sign, are designed, installed,
and constructed in accord with the approved sign development plan;
and
(3)
The proposed sign, or to-be-relocated or changed sign, is located
within the planned sign area.
I.
Withdrawal from or the termination of any planned sign area is permitted
as follows:
(1)
For a shopping mall or plaza, such withdrawal or termination is for
the entire premises and the whole of the planned sign area, all signs
and sign owners agree to come into compliance with this chapter before
the effective date of such termination or withdrawal, and such compliance
is achieved within one year of the date of such withdrawal or termination.
Individual commercial activities and businesses may not individually
withdraw or terminate their participation in, or compliance with,
the conditions or requirements of such planned sign area.
(2)
For a business and technology park or research park, such withdrawal
or termination is for the entire premises and the whole of the planned
sign area, all signs and sign owners agree to come into compliance
with this chapter before the effective date of such termination or
withdrawal, and such compliance is achieved within one year of the
date of such withdrawal or termination. Individual commercial activities
and businesses may not individually withdraw or terminate their participation
in, or compliance with, the conditions or requirements of such planned
sign area.
(3)
For a contiguous business or premises to withdraw or terminate participation
in a planned sign area, such withdrawal or termination is only permitted
in relationship to a genuine change of ownership of the business or
premises, or a genuine change in the type and nature of any business
or operations upon such premises, and all signs and sign owners agree
to come into compliance with this chapter before the effective date
of such termination or withdrawal, and such compliance is achieved
within one year of the date of such withdrawal or termination.
(4)
Any of the time requirements for compliance may be waived or extended
by the Enforcement Officer upon good cause shown, but no compliance
deadline may be extended beyond 24 months of the date of any termination
or withdrawal.
A.
Each sign existing upon the date of adoption of this chapter that
does not comply with this chapter shall be deemed a lawful preexisting
nonconforming sign.
B.
Any such nonconforming sign may continue to exist in its current
location and configuration, and the owner of the sign, or the premises
upon which such sign is situated, may continue to maintain and regularly
repair and perform upkeep upon such sign.
C.
However, and in limitation of the above Subsections A and B and subject to § 210-13C if any nonconforming sign shall be voluntarily replaced due to age, a lack of care and maintenance, obsolescence, or due to the choice or election of the sign owner, and not as a result of an involuntary event, such as, by way of illustration only, accidents, storms, or vandalism, then any replacement sign shall conform to the requirements of this chapter.
D.
Notwithstanding any other provision of this chapter, existing off-premises
signs over 120 square feet that do not comply with this chapter shall
be deemed a lawful preexisting nonconforming signs and shall be entitled
to all benefits of "grandfathering" as provided in and by this chapter.
A.
Except as otherwise herein provided, no person or entity may erect
or emplace any non-exempt sign without first obtaining a sign permit
from the Enforcement Officer. Failure to obtain such a sign permit
will be deemed a violation of this chapter.
B.
An application for a sign permit shall be made to the Enforcement
Officer upon such forms as prescribed and provided by the Enforcement
Officer.
C.
A nonrefundable application fee for a sign permit shall be submitted
with each sign permit application delivered to the Town in an amount
as the Town Board may, from time to time, establish by resolution.
No application shall be deemed complete unless all information requested
is provided and the sign permit fee paid. The Town Board may also
establish, by resolution, a standardized fee schedule for permits
and other required reviews, inspections, and reports created, performed,
or filed under, in accord with, or in furtherance of this chapter,
which fee schedule shall:
(1)
Be limited to such amounts as are reasonably estimated as the administrative
and other costs and expenses incurred by the Town in connection with
any matter for which a fee is scheduled; and
(2)
Be reviewed at least once every year by the Enforcement Officer or
the Town Board to ensure that the fees remain reasonable in light
of the Town's actual and generally incurred costs and expenses.
D.
Upon the filing of a completed application for a sign permit, the
Enforcement Officer shall examine the plans, specifications, and other
data submitted to him, including, if necessary, the building or premises
upon which any sign is proposed to be emplaced or located. The Enforcement
Officer shall then take one of the following actions:
(1)
If the proposed sign(s) require site plan approval, refer the matter
to the Planning Board. Once the Planning Board issues any site plan
approval, with or without conditions, and once the application and
the proposed sign(s) are in compliance with the requirements of this
chapter, then the Enforcement Officer shall issue the sign permit
with any Planning Board conditions stated thereupon. If the Planning
Board denies site plan review approval, then the Enforcement Officer
shall deny the application for a sign permit.
(2)
If the proposed sign(s) require a variance, refer the matter to the
Zoning Board of Appeals (ZBA). If the ZBA issues any variance, with
or without conditions, then once the proposed sign(s) are otherwise
in compliance with the requirements of this chapter, the Enforcement
Officer shall issue the sign permit with any ZBA conditions stated
thereupon. If the ZBA denies the variance, then the Enforcement Officer
shall deny the application for a sign permit.
(3)
If the proposed sign(s) require neither a site plan approval nor
a variance, and the application and proposed sign(s) are in compliance
with this chapter, then the Enforcement Officer shall issue a permit
for the proposed sign.
A.
All signs, whether exempt, permitted, nonconforming, or otherwise,
shall at all times be kept in good repair and neatly finished or painted
as necessary to maintain its appearance and to ensure the sign is
free from all hazards, such as, but not limited to, faulty wiring,
exposed sharp edges, falling parts or paint, or loose fastenings.
B.
All signs must at all times be maintained in such condition as to
not be detrimental to public health or safety.
C.
If any sign requires repair or maintenance the Enforcement Officer may issue an order to remedy the defect or effect such repairs as are necessary to comply with this article, and such order shall state a date by which such maintenance or repairs shall be substantially completed. If the repairs or maintenance are not completed by the date stated in the compliance order, then such noncompliance shall be deemed a violation of this chapter and, in addition, the Enforcement Officer may order the removal of the sign. If any sign is ordered to be removed and such sign was a nonconforming sign that received the benefits of § 210-11 of this chapter, all such benefits shall expire and be deemed forfeited and any future or replacement sign shall be required to be in compliance with this chapter.
A.
Whenever any provision of this chapter directly or by implication
calls for or requires an opinion, decision, determination, or classification
(all together and hereafter, an "opinion") by the Enforcement Officer,
such opinion shall in all cases be reasonably made, placed in writing,
promptly delivered to the applicant or other person requesting or
receiving such opinion, and immediately filed in the Town Code Enforcement
Office. Any person aggrieved by any such opinion may appeal such opinion
to the ZBA per the rules and requirements of Town Law § 267-a.
B.
In reviewing any application, any sign, any sign permit, or in making
any opinion or determination under this chapter, or when taking any
other action under or in furtherance of this chapter, the Enforcement
Officer may seek input and advice from any person or entity, including,
but not limited to, the Planning Board, the Town Board, the Town Supervisor,
the Attorney for the Town, any building inspector, the Town Highway
Superintendent, the County Highway Department, NYSDOT, the NYS Codes
Division, and any other local or state agencies; but in no event may
the Enforcement Officer consult with, communicate with, or obtain
advice from the ZBA unless a variance application is pending and the
ZBA has requested an opinion.
[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 $250, or subject to a civil penalty of not more than
$500 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.
C.
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:
(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.
