[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 12-7-1964 by L.L. No. 3-1964; amended in its entirety 1-3-1977 by L.L. No. 1-1977. Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the "Gasoline Service Station Law of the Village of Elmsford."
It is hereby declared that the inordinate number of gasoline service stations; competition among rival gasoline station owners, proprietors or operators and their methods of advertising the products offered for sale thereat; price wars; the unrelated uses to which many gasoline stations are being put, i.e., paint spraying, body and fender repairs and the noises emanating therefrom; overnight parking of commercial vehicles; undue fire and traffic hazards; the storage of abandoned, junked and unlicensed motor vehicles; the display and sale of used motor vehicles and automobile parts; sanitation; the unsightly appearance of many of said gasoline service stations; and the impairment of neighboring property values are a menace to the health, safety, welfare and well-being of persons and property within the Village of Elmsford. Therefore, the provisions hereinafter prescribed for the regulation and licensing of gasoline service stations are enacted, and their necessity in the public interest is hereby declared as a matter of legislative determination, by virtue of the power and authority vested in the Village of Elmsford under the provisions of the Municipal Home Rule Law granting to the Village the power to adopt a local law for the regulation and licensing of occupations or businesses therein.
Words and terms used in this chapter shall have the following meanings:
- AUTOMOBILE WRECKING
- The dismantling or disassembling of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts.
- FILLING STATION
- Any establishment supplying and selling gasoline or other
equivalent fuel direct to motor vehicles from a pump or pumps located
outside a building and on private property.[Added 6-4-2007 by L.L. No. 5-2007]
- FLAMMABLE LIQUID
- Any liquid having a flash point at or below 70° F.
- GASOLINE SERVICE STATION
- A filling station, as defined herein, at which major and/or minor vehicle repair, as herein defined, is performed. For the purposes of this Chapter 189, the term "gasoline service station" shall include a major vehicle repair shop, a minor vehicle repair shop, and a filing station, all as defined herein.[Added 6-4-2007 by L.L. No. 5-2007]
- MAJOR VEHICLE REPAIR
- The following work performed on any motor vehicle: painting,
body and fender work, engine overhauling or other major repair of
motor vehicles, rebuilding, replacement or reconditioning of engines
or transmissions for motor vehicles; wrecker service with vehicle
storage; collision services including body, frame or fender straightening
or repair; customizing; overall painting or paint shop; those uses
listed under the definition of "minor vehicle repair" when combined
with any of the above uses; and any other similar use. Any building
or part thereof which is used for such work as provided in this definition
shall be referred to as a "major vehicle repair shop."[Amended 6-4-2007 by L.L. No. 5-2007]
- MINOR VEHICLE REPAIR
- The following work performed on any motor vehicle: diagnostic
services, minor motor services such as grease, oil, spark plug, and
filter parts, automobile washing, steam cleaning, and polishing; repair
or replacement of automotive glass and upholstery; installation of
audio equipment; but not including any operation named under the definition
of "major vehicle repair" or any other similar use. Any building or
part thereof which is used for such work as provided in this definition
shall be referred to as a kninor vehicle repair shop.[Amended 6-4-2007 by L.L. No. 5-2007]
- MOTOR VEHICLE
- Every vehicle mentioned and described in § 125
of the Vehicle and Traffic Law of the State of New York and limited
use motorcycle as described in § 121-b of the Vehicle and
Traffic Law of the State of New York and limited use vehicle as described
in § 121-c of the Vehicle and Traffic Law of the State of
New York.[Amended 11-21-1977 by L.L. No. 12-1977; 11-6-2000 by L.L. No. 7-2000]
- Every natural person, firm, copartnership, association or corporation.
- PERSONS SUBJECT TO THE PROVISIONS OF THIS CHAPTER
- The provisions of this chapter and the prohibitions contained herein shall be binding upon the owner or owners of the real property on which said station is permitted, maintained, operated and the tenants under tenants, assignees, heirs, executors, administrators, successors or employees or the person actually violating the same. The owner may not delegate the duty of compliance with this chapter to any other person, firm or corporation.
- WASTE MATERIAL
- Any liquid or substance after being used or spent.
Editor's Note: The former definition of "public garage," which immediately followed this definition, was repealed 6-4-2007 by L.L. No. 5-2007.
No person shall maintain or operate a gasoline service station, as defined in § 189-3 above, without having procured an annual permit in writing from the Building Inspector upon such terms and conditions as he may deem proper. Said permit, as well as a copy of this chapter, must be displayed upon the premises and may be summarily revoked at any time by the said Building Inspector. Said permit, when issued, shall cover the twelve-month period from the first day of January of the year issued to the first day of January of the next subsequent year and shall not be transferable or assignable to any other person.
All persons holding a permit as required herein shall comply with all ordinances and local laws of the Village of Elmsford relating to the maintenance of the premises, the handling of flammable materials and the conduct of the permitted business where said business or activity is being carried on and conducted. They shall also obey all additional rules and regulations promulgated by the Building Inspector relating to said business or activity.
[Amended 6-6-1983 by L.L. No. 2-1983; 2-3-1992 by L.L. No. 6-1992]
A fee of $150 per year or any part thereof shall be paid annually for the permit for the operation of a gasoline service station.
A pump, pipe or other device for distributing or conveying gasoline or other flammable liquid to a vehicle must not be installed or maintained in, upon or above any public street or any portion thereof, including the sidewalk area in front thereof. Any such device, pump or pipe heretofore or hereafter installed or constructed in, upon or above any public street or any portion thereof, including sidewalk area in front thereof, may be ordered removed by the Building Inspector. Such pumps, pipes or other devices shall be so located that the motor vehicle being served is not blocking any portion of any public way.
When gasoline or other flammable liquid is being served to a motor vehicle or sold to the public, it shall be pumped and dispensed either by the holder of the permit or by an employee acting under his direct supervision. The operator of the pump shall be physically competent to act in an emergency, be fully instructed regarding safety precautions and comply with approved standards of safety in the handling of gasoline and other flammable liquids. Said operator shall be at least 18 years of age, unless he is a student in good standing, enrolled in the school system of the place of his residence, and who has obtained temporary summer employment through the school system in which he is enrolled or the municipality of which he is a resident, in which case he must be at least 16 years of age and under the direct supervision of his employer. No such student operator shall be permitted to operate a pump, pipe or other device for distributing or conveying gasoline or other flammable liquid after the hour of 7:00 p.m.
The driver of every motor vehicle stopping or waiting at any gasoline service station used for the purpose of filling tanks on motor vehicles shall stop the engine of any such motor vehicle when the tank of such vehicle is being filled with gasoline or other flammable liquid and such engine shall not be started again until the cap or cover on any such tank is replaced; nor shall any such driver, while waiting at any such station, have or keep the engine of any such motor vehicle running except for the purpose of moving such motor vehicle. The operator of the pump is hereby prohibited from and shall refuse to furnish gasoline or other flammable liquid to the driver of the motor vehicle until the engine of such motor vehicle is stopped and remains stopped during the pouring operation.
No person shall sell or offer for sale gasoline or other flammable liquid at retail in a manner so as to deceive or tend to deceive the purchaser as to the price, nature, quality or identity thereof, or sell or offer for sale from any pump or other dispensing device any gasoline or other flammable liquid, except additives, other than that which is manufactured or distributed by the manufacturer or distributor under the name, trade name, brand name, mark or symbol affixed to or indicated on such pump or other dispensing device. It shall be unlawful to mix or adulterate a flammable liquid sold or offered for sale under another name, trade name, brand name, mark or symbol or to substitute other flammable liquids or grades of a flammable liquid therefor. It shall further be unlawful to operate or have ready for operation any pump or other dispensing device which incorrectly calibrates the gallonage being dispensed or ready to be dispensed from said device.
Display of prices.
It shall be unlawful for any person to sell or offer for sale at retail for use in internal-combustion engines, including motor vehicles, any gasoline or other flammable liquid, unless such seller shall:
Either post and continue to keep posted on each individual pump or other dispensing device a sign or placard of a size as prescribed by the Agriculture and Markets Law, stating clearly and legibly in numbers of uniform size the selling price per gallon so sold or offered for sale from such pump or other dispensing device, together with the amount of governmental tax per gallon to be collected, the name, trade name, brand name, mark or symbol and the grade of quality classification, if any, of such flammable liquid; or
[Amended 11-6-2000 by L.L. No. 7-2000]
Show and display the price per gallon, the total gallonage delivered and the total selling price to be paid for such inflammable liquid on a quantity computing device or calculator attached to the pump or other dispensing device from which such flammable liquid is sold or offered for sale.
Prices at which gasoline or other flammable liquids are being offered for sale shall not be displayed upon any billboard, upon any A-frames located upon the gasoline service station site or in any window located in any building erected thereon. A-frames shall not be used for any advertising purposes.
No permitted sign advertising the price at which gasoline or other flammable liquid is being offered for sale shall contain words such as "low price," "discount," "price down," "save," "sale," "reduced," "war," "economy," "economize," "thrifty" or any other words, letters, numbers, symbols or markings of similar import.
The entire surface of the gasoline service station shall be paved with blacktop or other approved hard-surface pavement and shall be kept clean, safe and inoffensive at all times. No rubbish, discarded or used materials or articles shall be permitted to accumulate thereon.
Lighting fixtures shall be supported on aluminum or other rustproof standards, the height, color and design of which shall be approved by the Building Inspector.
Editor's Note: Former Subsection C, regarding electrical work, electrical equipment and connections, as amended, was repealed 6-4-2007 by L.L. No. 5-2007.
The premises shall not be used at any time for automobile wrecking, as defined in § 189-3, Definitions.
No pennants or flags, other than the American flag, shall be displayed at any time upon any portion of the gasoline service station site or upon any building erected thereon.
No waste material shall be disposed of by emptying or pouring the same into the stormwater or sanitary sewer system of the Village, but shall be stored in separate containers until sold or otherwise lawfully disposed of.
No wrecks, abandoned junk, car or unregistered motor vehicle shall be stored on the station property for more than 48 hours.
No sign or advertising device shall be erected or installed until a permit is first obtained from the Building Department.
No offensive, noisy or dangerous trade, business, manufacture activity or occupation, or any public nuisance to the public or to adjoining neighbors, shall be carried on or permitted upon the station premises.
No motor vehicle under repair or vehicle which cannot be operated under its own power shall be parked on the station premises for more than 48 hours.
No major repairs shall be performed after 6:00 p.m. prevailing time or on Sundays.
The conduct of the following businesses or uses upon or at a gasoline service station is hereby prohibited:
The sale or offering for sale of used motor vehicles.
The sale or offering for sale of new or used boats.
The sale or offering for sale of trailers.
The rental or offering for rental of car-towed trailers.
Motor vehicles for hire.
Outdoor car washing.
Outdoor coin-operated vending machines.
[Added 11-7-1983 by L.L. No. 9-1983]
When the Chief requires sprinklers, they shall be installed in an approved manner. Installations shall be made in accordance with nationally recognized good practice.
Open flames, smoking and other sources of ignition shall not be permitted in flammable liquid storage rooms.
Materials which will react with water to produce flammable vapors shall not be stored in the same room with flammable liquids.
[Added 11-7-1983 by L.L. No. 9-1983]
Apparatus dispensing Class I flammable liquids into the fuel tanks of motor vehicles of the public shall not be located at a bulk plant unless separated by a fence or similar barrier from the area in which bulk operations are conducted.
[Added 11-7-1983 by L.L. No. 9-1983]
Buildings shall be constructed so that rooms in which flammable liquids are handled or stored comply with the requirements of the zone or area in which they are located. Class I and Class II flammable liquids shall not be stored or handled within a building having a basement or pit into which flammable vapors may travel unless such area is provided with ventilation designed to prevent the accumulation of flammable vapors therein.
[Added 11-7-1983 by L.L. No. 9-1983]
General provisions. Class I and Class II flammable liquids shall be stored in tanks located underground. Class III flammable liquids shall be stored in containers or in tanks located underground or in special enclosures as described in Subsection B.
Special enclosures. When installation of tanks is impractical because of property or building limitations, tanks for flammable liquids may be installed in buildings if enclosed as follows: The enclosure shall be substantially liquid- and vapor-tight without backfill. Sides, top and bottom of the enclosure shall be of reinforced concrete at least six inches thick, with openings for inspection through the top only. Tank connections shall be so piped or closed that neither vapors nor liquid can escape into the enclosed space. Means shall be provided whereby portable equipment may be employed to discharge to the outside any vapors which might accumulate should leakage occur.
Storage inside buildings. No Class I flammable liquids shall be stored or handled within any service station building except packaged items, for example: cleaning fluid received and resold in unbroken metallic containers of not over one gallon capacity each, or in approved nonmetallic containers of not more than one quart capacity each. Class II flammable liquids in closed containers may be stored inside the station building. A container equipped with an approved pump shall be considered a closed container for purposes of storage only. No Class I or Class II flammable liquids shall be dispensed or transferred from one container to another, inside of a service station building; provided, however, that flammable antifreeze liquids may be dispensed in rooms of a service station building, provided that such rooms have approved heating devices and provided also that there is no open flame in such room lower than eight feet above floor level. Class III liquids may be stored and dispensed inside a service station building from approved containers of not more than 120 gallons' capacity each.
Labeling. No sale or purchase of any Class I, II or III flammable liquids shall be made in containers unless such containers are clearly marked with the name of the product contained therein.
Dispensing containers. No delivery of any Class I or II flammable liquids shall be made into portable containers of five gallons' capacity or less unless the container is of sound metal construction, has a tight closure with screwed or spring cover and is fitted with a spout or so designed that the contents can be poured without spilling.
[Added 11-7-1983 by L.L. No. 9-1983]
Design and construction. Class I and II flammable liquids shall be transferred from underground tanks by means of fixed pumps so designed and equipped as to allow control of the flow and to prevent leakage or accidental discharge. Supplemental means shall be provided outside of the dispensing device whereby the source of power may be readily disconnected in the event of fire or other accident. Dispensing devices for Class I or Class II flammable liquids shall be of an approved type. Class I or II flammable liquids shall not be dispensed by pressure or gravity from drums, barrels and similar containers. Gear pumps or similar positive displacement devices taking suction through the top of the container shall be used. Class I and Class II flammable liquids shall not be dispensed by a device that operates through pressure within a storage tank, unless the tank has been approved as a pressure vessel for the use to which it is subjected. In no case shall air or gas pressure be used for this purpose.
Automatic dispensing devices.
The dispensing of Class I flammable liquids into the fuel tank of a vehicle or into a container shall at all times be under the control of a competent person. The use of any device which permits the dispensing of Class I flammable liquids when the hand of the operator of the discharging nozzle is removed from the nozzle control lever is hereby forbidden except when using an automatic nozzle as provided in Subsection B(2).
Automatic hose nozzle valves with latch-open devices. In lieu of being held open by hand, an approved automatic nozzle may be used for dispensing Class I flammable liquid into the fuel tank of a vehicle. Type of automatic nozzle used for this purpose must first be approved by the Commissioner. A competent attendant shall be in the immediate vicinity of the vehicle being filled by such an approved nozzle.
Location. Dispensing devices at automotive service stations shall be so located that all parts of the vehicle being served will be on private property.
Inside garages. Where an outside location is impractical, dispensing devices approved for inside use may be installed inside a garage or similar establishments storing, parking, servicing or repairing automotive equipment upon the approval of the location and safeguards and issuance of a permit therefor by the Commissioner. The dispensing device shall be located in an area of fire-resistive construction well away from vehicle storage and repair areas and shall be well ventilated. It shall be protected against physical damage by vehicles by mounting on a concrete island or by equivalent means and shall be located in a position where it cannot be struck by a vehicle descending a ramp or other slope out of control. A convenient remote emergency shutoff for electric power to the dispensing unit and the pump supplying it shall be provided.
[Added 11-7-1983 by L.L. No. 9-1983]
Special dispensing devices such as, but not limited to, coin-operated and card-operated devices for Class I flammable liquids are prohibited. The remote preset types are permitted at service stations, provided that there is at least one qualified attendant on duty while the station is open to the public. The attendant's primary function shall be to supervise, observe and control the dispensing of flammable or combustible liquids while said liquids are being dispensed. It shall be the responsibility of the attendant to prevent the dispensing of Class I liquids into portable containers not in compliance with § 189-15E, control source of ignition, and to immediately handle accidental spills and fire extinguishers if needed.
The attendant or supervisor on duty shall be capable of performing the functions and assuming the responsibilities of these regulations.
Emergency controls, including the main power shutoff switch or switches, shall be installed at the principal control location.
Instructions for the operation of the dispensers shall be conspicuously posted.
A list of emergency procedures and instructions shall be conspicuously posted at the immediate vicinity of the attendant's principal control location.
The dispensing operations shall at all times be in clear view of the attendant, and the placing or permitting of any obstacle to come between the dispensing operation and the attendant so as to obstruct the attendant's view is prohibited.
At all times while flammable or combustible liquids are being dispensed, the attendant shall remain within arms' length distance of the remote-control facilities at the principal location.
If it becomes necessary for the attendant to leave the remote-control facility at the principal location, all pumps shall be deactivated.
A voice communication system, such as, but not limited to, an intercom system so as to allow direct voice communication at all times between the person dispensing flammable or combustible liquids and the attendant shall be required.
On each dispenser island shall be conspicuously posted, in letters at least one inch in height the following warning:
A fixed flammable liquid extinguishing system, approved by the Chief of the Fire Department, shall be located at or in the vicinity of dispensing devices, controlled remotely by the attendant at the principal control location.
Hose nozzle valves of either manual or automatic closing type for dispensing flammable or combustible liquids into a fuel tank or into an approved container shall be manually held open during the dispensing operation. No hold-open latches will be allowed.
Only persons of driving age shall operate the dispensing devices.
Only gasoline and/or motor oil shall be sold at self-service stations.
[Added 11-7-1983 by L.L. No. 9-1983]
Provision shall be made in the area where Class I flammable liquids may be spilled to prevent liquids from flowing into the interior of service-station buildings. Such provision may be made by grading driveways, raising door sills or other equally effective means. Crankcase drainings and flammable liquids shall not be dumped into sewers, but shall be stored in tanks outside of any building until removed from the premises.
[Added 11-7-1983 by L.L. No. 9-1983]
There shall be no smoking on the driveway of service stations in the areas used for fueling motor vehicles, dispensing flammable antifreeze or the receipt of products by tank vehicle, or in those portions of the buildings used for servicing automobiles, tractors or internal combustion engines. Conspicuous signs prohibiting smoking shall be posted within sight of the customer being served. Letters on such signs shall be not less than four inches high. The motors of all vehicles being fueled shall be shut off during the fueling operation.
[Added 11-7-1983 by L.L. No. 9-1983]
[Added 11-7-1983 by L.L. No. 9-1983; amended 2-3-1992 by L.L. No. 7-1992; 5-1-2000]
A fee of $200 per year or any part thereof shall be paid annually for the permit for the operation of a gasoline self-service station.
[Added 9-9-1985 by L.L. No. 3-1985; amended 1-20-1986 by L.L. No. 1-1986; 5-21-1990 by L.L. No. 4-1990; 8-8-1990 by L.L. No. 5-1990; 8-12-2002 by L.L. No. 6-2002]
Except for gasoline, oil, automobile fluids and parts and other products used for the repair or servicing of motor vehicles and except for those items permitted under Subsection B below, no holder of a gasoline service station permit, no gasoline service station operator, tenant, subtenant, licensee, dealer or franchisee under any such permit holder or gasoline service station operator shall engage in the merchandising of goods, wares, clothing, personal hygiene products, food, foodstuffs or other related food items.
As an exception to the prohibition set forth in Subsection A above, the following and only the following items may be sold inside a building on the premises in an area separate and apart from any area used for the repair or servicing of motor vehicles:
Potato chips, corn chips, vegetable chips and other similar packaged snack foods.
Soda, juice, juice drinks, water, and other soft drinks, including milk.
Coffee by the cup.
Prepackaged cakes and pastries in individual serving sizes.
Prepackaged ice cream by the individual serving-size cup, cone, bar or stick.
Prepackaged candy and gum in individual serving sizes.
Prepackaged sandwiches. No slicing, preparation, cooking or heating by microwave oven or otherwise shall be conducted on the premises.
Aspirin, ibuprofen, acetaminophen, other nonprescription pain relief products and other similar health-related products.
Newspapers, magazines and maps.
Ice (may be stored in an outdoor freezer).
Any one promotional item offered by the sponsor oil company that would have no more than a sixty-day promotional period, provided that the gasoline service station owner or operator notify the Village Clerk, in writing, prior to the commencement of the promotional period, of the items to be offered and the time period for the promotion.
In addition, an automatic teller machine (ATM) may be maintained on the premises for the dispensing of money.
Underground gasoline tanks or other underground tanks formerly containing flammable liquids and which have been discontinued from service shall be totally removed from the gasoline service station site. In lieu thereof, and if sufficient justification exists, said tanks may be filled with sand or concrete, provided that the approval of the local Fire Department is first obtained.
In the event of the discontinuance of a business for which a permit has been issued pursuant to the provisions of this chapter, the permittee shall notify the Building Inspector of his intention to discontinue such business not less than 24 hours before the time such discontinuance takes effect. Should the business be discontinued at any time during the calendar year for which the permit has been issued, there shall be no refund or rebate of any portion of the license fee for the unexpired portion of such calendar year.
[Amended 8-2-2016 by L.L. No. 6-2016]
Outdoor or outside parking of motor vehicles is hereby prohibited, except that each gasoline service station shall be permitted to park overnight not more than two motor vehicles, passenger or commercial, for each 25 feet of the foot frontage on the street upon which the gasoline service station fronts. Specifically excluded from the word "frontage" is any portion of the depth on either side of a corner lot.
No more than one tire rack shall be permitted upon any gasoline service station site, and the same shall be constructed or located to the side or the rear of and shall not extend beyond the front of the service station building. No advertising signs shall be affixed to the tire rack, except one sign stating the trade or brand name of the tires being offered for sale, the dimensions of which sign shall be approved by the Building Inspector.
The Board of Trustees of the Village of Elmsford does hereby delegate to the Building Inspector the power to make, adopt, amend and promulgate rules and regulations for carrying into effect or fully administering the provisions of this chapter as he may deem necessary for the proper conduct of a gasoline service station business in the interest of public safety and welfare. There is further delegated to the Building Inspector the power and authority, after due notice and hearing, to revoke any permit issued hereunder for a violation of any of the provisions of this chapter.
The Building Inspector is also authorized, after due notice to the owner of the property on which said station is located, to determine that no gasoline service station license shall be issued to anyone to operate a gasoline service station under this chapter for a period of time not to exceed three years.
The provisions of this chapter shall supersede any local ordinance, resolution or regulation of the Village of Elmsford to which this chapter is applicable, but shall not affect or impair any act done, offense committed or right accruing, accrued or acquired or any liability, penalty, forfeiture or punishment incurred or imposed prior to the time this chapter takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such provisions had not been enacted.
Any person who shall violate any of the provisions of this chapter or fail to comply therewith, or with any of the requirements thereof, shall be liable to a penalty for each violation not exceeding $500 for each day that the violation shall continue. Each day's violation shall constitute a separate offense.
[Amended 11-6-2000 by L.L. No. 7-2000; 7-10-2006 by L.L. No. 4-2006]
The Board of Trustees may enforce obedience to this chapter by injunction.