[Added 4-8-1991 by L.L. No. 3-1991;
amended 12-13-2004 by L.L. No. 4-2004]
The Board of Trustees of the Incorporated Village
of East Rockaway hereby declares and finds it to be in the public
interest to prohibit the installation, erection and/or maintenance
of security gates within the Incorporated Village of East Rockaway.
As used in this article, the following terms
shall have the meanings indicated:
A barrier, screen, gate or cover located in front of or behind
a door, window or other opening, used for the purpose of securing
the premises by preventing access or blocking passage to the interior
of the premises.
The provisions of this article shall apply to
security gates located on any structure or building within a commercial
or industrial district or on any commercial or industrial use located
in any zoning district.
[Amended 7-12-2010 by L.L. No. 7-2010]
No security gate shall be installed, erected
and/or maintained on the exterior of any structure or building. However,
a mesh-type security gate that does not restrict light or visibility
through more than 15% of its surface (evenly distributed) shall be
permitted to be installed, erected and/or maintained on the interior
of any structure or building.
B.
Notwithstanding any other provision of this article,
any security gate in existence on the effective date of this amendment
shall be removed on or before the expiration of three years from such
effective date, which period is allowed for the specific purpose of
permitting the amortization of the remaining cost, if any, of such
security gate.
C.
Any person who can demonstrate by dollars and cents proof that the amortization period set forth in Subsection B is unreasonable and inadequate under the circumstances may make application to the Board of Trustees to extend the time within which the security gate shall be removed, but in no event shall such security gate be allowed to remain more than five years from the effective date of this amendment.
For every violation of the provisions of this
article or any section or provision thereof, the owner, agent, contractor
or agent or the contractor of a building or premises where such violation
has been committed or shall exist and the owner, agent, contractor
or agent of the contractor, lessee or tenant of any part of a building
or premises in which such violation has been committed or shall exist
and the agent, architect, builder, contractor or agent of the contractor
or any other person who commits, takes part or assists in such violation
or who maintains any building or premises in which such violation
shall exist shall, for each and every violation and for each and every
day that such violation continues, be subject, upon conviction thereof,
pursuant to the Penal Law of the State of New York, to a fine not
exceeding $2,500. Any said violation of this article may also be enjoined
pursuant to law.
