[HISTORY: Adopted by the Village Board of
the Village of Port Chester 10-1-2018 by L.L. No. 10-2018. Amendments noted
where applicable.]
The terms used in this chapter shall have the following meanings:
The first floor or that floor that is at the street elevation
of any commercial or mixed residential/commercial building located
in CD-4, CD-5, CD-5W, CD-6, CD-6T, and SD-PMU Districts.
[Amended 5-20-2020 by L.L. No. 5-2020; 1-19-2021 by L.L. No. 6-2021]
Any opening of any first floor premises that permits an unobstructed
public view into the interior of such premises from the adjacent street,
sidewalk or public right-of-way. This term includes doors.
A building or individual storefront(s) that is not open to
the public or clientele for a lawful business for a period in excess
of 30 days.
Venetian or similar blinds, drapes, curtains or shades or
a covering which is constructed of durable, opaque material, such
as cardstock or heavy weight paper (60 pound or heavier) that is placed
on the inside of a storefront window which conceals the interior of
the premises from public view.
When a first floor premises is vacant, the property owner, or
any person in possession or control of the vacant space, shall cover
all storefront window(s) with window screening.
A.
The following standards shall apply to window screening:
(1)
The window screening shall completely screen the storefront window
to a level at least six feet above the immediately adjacent sidewalk.
(2)
Window screening may be a graphic design related to a future business
at the location.
(3)
Adhesive materials used to affix the covering shall not be visible
from the exterior of the building.
(4)
There shall be no seams visible from the exterior of the building.
(5)
Window screening shall be maintained in a clean and neat appearance,
and not torn.
(6)
Window screening will be replaced every six months with new graphics.
B.
Options for window screening are historical images of the Village
of Port Chester, art work or artistic displays, information on a public
event or project. The Village Department of Planning and Economic
Development is available for suggestions and resource assistance.
C.
Window screening shall be removed within two weeks of legal occupancy.
D.
No window screening shall contain any matter, in writing or in depiction,
that, when considered as a whole, predominantly appeal to prurient
interests.
A.
A person in violation of the provisions of this chapter shall be
subject to a fine in an amount of not less than $250 nor exceeding
$750 or imprisonment not greater than 15 days, or both. Each day's
violation shall constitute a separate and distinct offense.
B.
In addition, the Board of Trustees hereby authorizes the Village
Attorney to commence a civil proceeding seeking relief in an amount
not less than $250 nor exceeding $750. Each day's violation shall
constitute a separate and distinct offense.
C.
The Board of Trustees also authorized the Village Attorney to commence
an action or proceeding in a court of competent jurisdiction to enjoin
a violation of this chapter.