Zoning — See Ch. 85.
§ 68-1Legislative intent.
§ 68-3Applicability; compliance.
§ 68-5Permit required.
§ 68-7Penalties for offenses.
The Board of Trustees of the Incorporated Village of the Branch declares and finds it to be in the public interest to provide for the regulation of the installation and maintenance of security gates within the Village of the Branch in accordance with aesthetic character of the area and to preserve safety and property values throughout the business and historic districts of the Village.
As used in this chapter, the following terms shall have the meanings indicated:
- BUSINESS DISTRICTS
- Areas located wholly or partly within the following use districts, as defined in Chapter 85 of this Code:
- SECURITY GATE
- A barrier, screen or cover located behind a door, window or other opening used for purposes of securing premises by preventing access or blocking passage to the interior of the premises but which enables the viewing of the interior of the premises from outside the premises.
The provisions of this chapter shall apply only to security gates located behind doors, windows or other openings on the front of any premises or facing or fronting on a public road or highway located within a business or historic district.
All security gates which have not been installed in accordance with the permit process provided for in § 68-5 and which are in existence prior to the date of the adoption of this chapter and which do not comply with the provisions of said chapter shall be made to comply with the provisions of this chapter within five years of the date of adoption of this chapter, upon a change of tenant, occupant or ownership of said premises, whichever event occurs earliest, or shall be removed.
No solid metal barrier, screen or cover shall be erected or maintained in front of or behind doors, windows or other openings on the front of any premises or facing or fronting on a public road or highway located within a business or historic district. All metal barriers, screens or covers shall be installed only behind doors, windows or other openings on the front of any premises or facing or fronting on a public road or highway located within a business or historic district.
All security gates shall be of such a type as will not prevent the viewing of the interior of the premises from outside the premises.
When a security gate is not in use, it shall be removed or stored in such a manner so as not to be visible from the exterior of the premises.
No security gate shall be placed in such a manner that it blocks any active emergency exit at any time in which the business is open to the public or to any employees.
All installations of any gate must be in accordance with the standards set forth by the New York State Uniform Fire Prevention and Building Code as interpreted by the Building Inspector.
It shall be unlawful for any person to commence work on the erection or alteration of or to erect, alter or maintain any security gate until a permit has been duly issued upon application therefor.
The Building Department shall require that the application for a permit shall be accompanied by a set of plans indicating the proposed location and dimensions of said security gate and a description of the type of said security gate.
No permit shall be issued until the Building Inspector has examined and approved, in writing, the proposed security gate as complying with all the provisions of this chapter.
Permits shall expire three months following the date of issuance if no substantial work is begun and may be renewed upon written application to the Building Inspector.
The fee for a permit for the erection, alteration or maintenance of a security gate shall be at the level fixed from time to time by resolution of the Board of Trustees. Said fee shall be submitted at the time the application is presented to the Building Department.
For each and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist and the general agent, architect, builder, contractor or any person who knowingly commits, takes part in, allows or assists in any violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a violation against this chapter, which violation shall be punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate and distinct additional violation.
It shall be the duty of the Building Inspector, and he is hereby given the power and authority, to enforce the provisions of this chapter.
In the event that any section or provision of this chapter is declared to be invalid by a court of competent jurisdiction, the validity of the chapter as a whole or any part thereof shall not be affected thereby.