[HISTORY: Adopted by the Town Board of the Town of Harrison 10-7-87 as L.L. No. 2-1987. Amendments noted where applicable.]
Within 60 days after the effective date of this chapter, every person who owns, manages or controls a multifamily dwelling as hereinafter defined ("dwelling") shall provide, install and maintain a window guard, of a type acceptable to the Building Department of the Town of Harrison ("Building Department") on all windows in each apartment where a child or children 10 years of age or under reside and on all windows in the common public halls.
It shall be the duty of each person required to provide, install and maintain a window guard to ascertain whether such children reside therein.
Installation shall be made in accordance with specifications provided by the Building Department.
This section shall not apply to windows giving access to fire escapes or to first-floor windows that are a required means of egress from the dwelling.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- MULTIFAMILY DWELLING
- A building or portion thereof containing three or more dwelling units.
- That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then it shall be the space between the floor and ceiling next above it. A cellar shall not be counted as a "story" in determining building height.
No one shall obstruct or interfere with the installation of the window guards required by Subsection A, nor shall any person remove such window guards.
Every person who owns, manages or controls a dwelling, as defined herein, is required to provide, install and maintain window guards when requested to, even when a child in the protected category does not reside in the subject apartment, within 30 days of a written request to do so.
Whenever a violation is found to exist, the Building Department may order any person required to provide, install and maintain window guards to do so. In the event that such order is not complied with within five days after service thereof, the Building Department may issue appearance tickets to enforce compliance with this chapter.
All leases offered to tenants of a dwelling must contain a notice, conspicuously set forth therein, which advises them of their rights to have window guards installed in their apartments and that a copy of this chapter is contained in the office of the Town Clerk of the Town of Harrison ("Town Clerk").
Every person required to provide, install and maintain window guards must cause to be delivered to each apartment within the dwelling a notice advising the occupants of their rights to have window guards installed in their apartments and that a copy of this chapter is contained in the office of the Town Clerk. Such notices must be provided annually in a form and manner approved by the Building Department.
The Building Department shall promulgate such regulations as it deems necessary for there to be compliance with the provisions of this section.
Any person who neglects, refuses or fails to comply with any order or notice issued hereunder shall be guilty of an offense punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment. Each week's continued violation shall constitute a separate additional offense or violation.
Nothing in this chapter shall be construed as depriving the Town of Harrison of any other remedy available to it in cases where there is a violation of this chapter.