For purposes of this article, the following terms shall have
the meanings indicated herein, unless specifically indicated otherwise:
ADVERTISEMENT
Any written word, picture, logo, symbol, motto, selling message,
poster, placard, sign, photograph, device, graphic display or visual
image of any kind, recognizable color or pattern of colors or any
other indicia of product identification identical or similar to, or
identifiable with, those used for any brand of age-restricted product
as defined in this article, or any combination thereof, the purpose
or effect of which is to promote the use, sale or distribution of
an age-restricted product through such means as, but not limited to,
the identification of a brand of an age-restricted product, a trademark
of an age-restricted product or a trade name associated exclusively
with an age-restricted product.
CHILD DAY-CARE CENTER
Includes the following:
A.
Any child-care arrangement, public, private or parochial child-care
center, school-age child-care program, day nursery school, kindergarten,
play school or other similar school or service operating pursuant
to authorization, license or permit of New York State.
B.
Any facility that provides child-care services as defined in
§ 410-p of the New York State Social Services Law.
C.
Any child day-care center as defined in § 390 of the
New York State Social Services Law.
PARK
Includes active and passive public lands designated for park
purposes by the Village of Valley Stream, County of Nassau, State
of New York, United States of America or any other subdivision of
government.
SCHOOL
Includes buildings, structures, premises or places, together
with the grounds thereof, which are used primarily for public or private
educational facilities as recognized and defined by the New York State
Department of Education, including but not limited to preschools,
kindergartens, nursery, elementary, primary, intermediate, junior
high, middle, secondary, high, vocational, special, college, and university.
It shall be unlawful for any person to place, cause to be placed,
maintain or cause to be maintained any advertisement for an age-restricted
product, as defined in this article, that is more than five inches
by eight inches in size, and in any colors besides black, white, and
grayscale, in the following manners:
A. In any outdoor area within 1,000 feet, in any direction, of any school,
park, playground, duly licensed child day-care center, or AHRC schools
and facilities for developmentally disabled children and adults.
B. In the interior of a building or structure which is within 1,000
feet, in any direction, of any school, park, playground, duly licensed
child day-care center, or AHRC schools and facilities for developmentally
disabled children and adults when such advertisement is within five
feet of any exterior window or any door which is used for entry or
egress to the building or structure by the public, except that such
advertisement(s) may be placed or maintained in the interior of any
such premises where they are parallel to said windows or entryways
and face inward or are affixed to a wall panel or similar fixture
that is perpendicular to said windows or entryways.
The owner, operator, and/or lessee of any location or premises
containing age-restricted product advertisements shall have 30 days
from the effective date of this article to remove any noncompliant
age restricted product advertisements.
In addition to any other remedy provided by law, the Village
may bring any civil and/or injunction proceeding necessary to enforce
and/or enjoin noncompliance with this article.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, or business shall be adjudged by any
court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its specific application.