[HISTORY: Adopted by the Town Board of the Town of Harrison 10-7-87
as L.L. No. 2-1987. Amendments noted where applicable.]
A.
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.
(1)
It shall be the duty of each person required to provide,
install and maintain a window guard to ascertain whether such children reside
therein.
(2)
Installation shall be made in accordance with specifications
provided by the Building Department.
(3)
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.
(4)
MULTIFAMILY DWELLING
STORY
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
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.
B.
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.
C.
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.
D.
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.
A.
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").
B.
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.
C.
The Building Department shall promulgate such regulations
as it deems necessary for there to be compliance with the provisions of this
section.
A.
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.
B.
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.
