[HISTORY: Adopted by the Board of Trustees
of the Village of Westbury 11-21-1985 by L.L. No. 7-1985 (Ch. 13A of the 1964
Code); amended in its entirety 12-2-1999 by L.L. No. 3-1999. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 248.
The Board of Trustees finds that there is a
danger to the health, safety and general welfare of the residents
of the Village posed by the operation of certain gasoline service
stations and car washes during late evening and early morning hours
where such stations or car washes abut or are in close proximity to
residentially zoned properties. Stations or car washes having hours
of operation in the late evening and early morning hours generate
additional noise during times when occupants of nearby residences
are asleep, disturbing their repose. Moreover, the Board finds that
the operation of gasoline service stations and car washes in close
proximity to residentially developed areas during such nighttime hours
is not necessary for the public convenience of travelers, inasmuch
as there are gasoline service stations and car washes in the Village
and in nearby communities that are wholly surrounded by business or
industrially zoned properties and which are open at convenient hours
for the traveling public and which do not impose a burden of unnecessary
noise in the nighttime upon neighboring residents. The Board finds
that regulation of the hours of operation of gasoline service stations
and car washes located in close proximity to residences will be in
the public interest and will better serve to protect the health, safety,
welfare and good order and governance of the Village.
[Amended 5-4-2000 by L.L. No. 4-2000]
It shall be unlawful and a violation of this chapter for the owner, lessor or operator of any gasoline service station or car wash located in the Village, on land that abuts or is within 100 feet of any land zoned for residential or apartment use, under the provisions of Chapter 248, Zoning, of the Westbury Code and the official Village Zoning Map, to sell gasoline or diesel fuel at retail, or to deliver or transfer, authorize or permit another person to sell gasoline or diesel fuel at retail, or to deliver or transfer gasoline into the gasoline tank of any vehicle except an emergency vehicle or to operate a car wash between the hours of 11:00 p.m. and 6:00 a.m. on the following day.
[Amended 4-1-2010 by L.L. No. 1-2010]
Any person who violates the regulations of this
chapter shall, upon conviction, be guilty of a violation and shall
be liable to a fine not to exceed $1,000 or to imprisonment not to
exceed 15 days, or to both such fine and such imprisonment.
