[HISTORY: Adopted by the Town Board of the Town of Huntington 6-3-1969 as Ch. 39, Art. I, of the 1969 Code of the Town of Huntington; amended in its entirety 6-19-2012 by L.L. No. 13-2012. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Outdoor lighting — See Ch. 143.
Signs and advertising devices generally — See Ch. 198, Art. XIV.
A. 
It shall be unlawful for any person, firm or corporation to sell or offer for sale at retail for use in internal-combustion engines in motor vehicles any gasoline, or alternative fuel product including but not limited to petroleum and bio-fuel, unless such seller shall post and keep continuously posted on the individual pump or other dispensing device from which such gasoline or alternative fuel product is sold or offered for sale a sign or placard not less than seven (7) inches in height and eight (8) inches in width nor larger than twelve (12) inches in height and twelve (12) inches in width, stating clearly and legibly in numbers of uniform size the selling price or prices per gallon or unit of such gasoline or alternative fuel product so sold or offered for sale from such pump or other dispensing device, together with the name, trade name, brand, mark or symbol and the grade or quality classification, if any, of such fuel.
B. 
The amount of governmental tax to be collected in connection with the sale of such gasoline or alternative fuel product shall be stated on such sign or placard separately and apart from such selling price or prices.
C. 
No more than one (1) sign advertising the price or prices of gasoline or alternative fuel product may be posted or maintained on the premises where such fuel is sold or offered for sale for each street, road or highway upon which said premises fronts or abuts, provided that each such sign shall conform to the following requirements. No other sign or placard advertising the price of gasoline or alternative fuel product shall be permitted on the premises except within the pump or other dispensing device in the place provided by the manufacturer in numerals no larger than two (2) inches. Any person or business entity who commits an offense against this section shall be deemed in violation thereof and shall be liable for the penalties set forth herein.
(1) 
It shall not exceed four feet in height and three feet in width, including the edges or border thereof.
(2) 
It shall state clearly and legibly on either or each face the sale price or prices, including all taxes, per gallon or unit of such gasoline or alternative fuel product so sold or offered for sale, and shall clearly state the brand or trade name and the grade or quality classification of the gasoline or alternative fuel product to which the price refers. If the product is sold in the marketplace without identification by trade name, brand, mark or symbol, such sign shall refer clearly to the product as unbranded.
(3) 
No letter or numeral which appears on any such sign shall be less than 1/2 of the height of any other letter or numeral on such sign.
D. 
LED signs advertising gasoline or alternative fuel prices shall be in compliance with the provisions of Chapter 143 and shall not contain any flashing elements.
E. 
Signs advertising gasoline or alternative fuel prices shall contain no other advertising of any kind on the sign or sign assemblage.
A. 
It shall be unlawful for any person, firm or corporation to sell or offer for sale gasoline or other fuel product for use in motor vehicles at retail in any manner so as to deceive the purchaser as to the price, nature, quality or identity thereof, or to sell or offer for sale from any pump, dispensing device or container any gasoline or other fuel product other than the gasoline or fuel product manufactured or distributed by the manufacturer or distributor under the name, trade name, brand, symbol or mark affixed to or contained on such pump, dispensing device or container, or to substitute, mix or adulterate gasoline or other fuel products sold or offered for sale under a name, trade name, brand, symbol or mark.
B. 
It shall be unlawful for any person, firm or corporation and shall constitute a fraudulent practice to display, exhibit or post a sign or signs bearing the words "no gas," "sold out" or words of similar import to the effect that gasoline or fuel for motor vehicles is not available for sale to the general public when, in fact, said person, firm or corporation has such gasoline or fuel in its possession or stored in tanks at the customary point or place of retail sale to the general public.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A) 
To the extent permitted by local, state or federal law, any person or business entity who violates or causes another to violate a provision of this chapter shall be deemed to have committed an offense and shall, upon conviction thereof, be subject to a fine, as follows:
(1) 
On a first conviction thereof, a fine of not less than five hundred ($500) dollars and not more than one thousand five hundred ($1,500) dollars.
[Amended 9-14-2021 by L.L. No. 50-2021]
(2) 
Upon a conviction for a second offense committed within five (5) years of the first offense, a fine of not less than one thousand ($1,000) dollars and not more than ten thousand ($10,000) dollars.
[Amended 9-14-2021 by L.L. No. 50-2021]
(3) 
Upon a conviction for a third or subsequent offense committed within five (5) years of the first offense, a misdemeanor punishable by a fine of not less than one thousand five hundred ($1,500) dollars and not more than fifteen thousand ($15,000) dollars or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment.
[Amended 9-14-2021 by L.L. No. 50-2021]
(4) 
Violation of § 151-2. Notwithstanding any provision of this chapter to the contrary, any person or business entity who is the owner or is in charge of property where a violation of § 151-2 has been committed or exists, or who commits an offense against the provisions of § 151-2, or has control of the property and permits such offense to exist shall upon conviction be guilty of a misdemeanor, punishable by a fine of not less than one thousand five hundred ($1,500) dollars nor more than fifteen thousand ($15,000) dollars or by imprisonment not exceeding six (6) months, or both such fine and imprisonment, for each day or part thereof such offense continues, or as otherwise permitted by state or federal law.
(5) 
Each day, or part thereof, that a violation continues shall constitute a separate and distinct offense, punishable in like manner. Written notice of a violation is not a prerequisite for the imposition of such fine and/or punishment unless the subject of a prosecution is the noncompliance with such notice.
(B) 
Any person or entity found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines authorized for the respective violations referenced in subdivision (A) for a first offense, subsequent offenses and continuing offenses.
(C) 
In addition to the penalties set forth herein or in other applicable law, rule or regulation, the Town Attorney is authorized to pursue civil and equitable relief in the name of the Town in a court of competent jurisdiction, including but not limited to compensatory actions; civil penalties in the amount of up to five hundred ($500) dollars per day, or any part thereof; an action to compel compliance with or to restrain by injunction the violation of this chapter; and other remedies which in the opinion of the Town Attorney may seem necessary and proper.