[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 8-7-1961; repealed and reenacted in the same form 7-10-2006 by L.L. No. 4-2006. Amendments noted where applicable.]
As a legislative determination, it is deemed necessary to the safety, health and general welfare of the inhabitants of the Village of Elmsford that certain coin-operated laundry and dry-cleaning machines and establishments within said village be regulated and restricted, as hereinafter set forth in order to prevent injury and damage to persons and property in the village and to eliminate conditions dangerous to the safety, health and general welfare of said inhabitants of the Village.
Unless otherwise expressly stated, when used in this chapter, the following words and phrases shall have the meaning herein respectively ascribed to them:
- Includes one or more persons, firms, partnerships or corporations and the employees, agents or officers thereof.
- Any place, whether self-service or otherwise, maintained for use of and by the general public for the purpose of washing, drying and/or dry-cleaning of clothing, apparel or other fabrics or household articles, by or in automatic or coin-operated machines, excepting, however, such places in private homes and apartment houses used solely by residents thereof.
- VILLAGE CLERK
- The duly appointed Village Clerk of the Village of Elmsford, or Deputy Clerk thereof.
Editor's Note: The former definition of "Fire Chief," which immediately followed this definition, was deleted 11-6-2000 by L.L. No. 7-2000.
It shall be unlawful for any person to establish, maintain or operate a coin-operated laundry and/or coin-operated dry-cleaning establishment in any premises in the Village of Elmsford without a license therefor.
The application for a license, or for any renewal thereof, to conduct a coin-operated laundry and/or a coin-operated dry-cleaning establishment, shall be in writing upon a form to be furnished by the Village Clerk, and shall state the specific location of such establishment and the number and type of all machines to be maintained therein. Before issuing any such license, the Village Clerk shall cause all necessary investigations to be made of the premises described in such application, for the purpose of determining whether the provisions of all applicable state, county, health and local laws, ordinances and regulations are fully complied with.
If the Village Clerk shall be satisfied that such premises conforms to the provisions of this chapter and other laws relating thereto, he shall issue or cause to be issued a license authorizing such applicant to establish, maintain, conduct or operate a coin-operated laundry and/or coin-operated dry-cleaning establishment at the place, and with the number of machines, as specified and designated in such application, for and during the period of such license.
Prior to the issuance of a coin-operated laundry and/or a coin-operated dry-cleaning establishment license, each applicant therefor shall pay an annual license fee of $50, plus $5 for each machine installed therein for the license period September 1 to August 31, and furnish a continuing bond in the amount as specified and designated in of $1,000. Such bond shall be executed by a duly authorized surety company, and be approved as to form by the Village Attorney, shall be payable to the Village of Elmsford and shall be conditioned upon the licensee's compliance with the provisions of this chapter and upon the further condition that the licensee shall pay to said village any fine, penalty or other obligation within 30 days of its final imposition.
For licenses issued between the first day of September and the 31st day of August, inclusive, only 1/2 of the annual license fee shall be payable.
Each such license shall expire on the 31st day of August following the date of its issuance unless sooner suspended or revoked by the Board of Trustees of the village. Such license shall not be transferable from person to person or from the location for which it was originally issued.
The Board of Trustees may, at any time, for violation of this chapter or of any applicable law, regulation or ordinance or such other cause as the Board of Trustees, upon investigation and after a hearing, deems sufficient, suspend or revoke any license granted under the provisions of this chapter. Notice in writing of the proposed suspension or revocation and the reason or reasons therefor, and of the time and place of a hearing to be held thereon by the Board of Trustees, shall be served upon the licensee either personally or by certified or registered mail to the business address given in the application at least 10 days prior to the hearing. Whenever any license shall be so revoked, no refund of any unearned portion of the license fee shall be made. No license shall be granted to any person whose license has been revoked within a period of two years from the date of such revocation, except in the discretion of the Village Clerk.
Editor's Note: Former § 53-8, Attendant; supervision, which immediately followed this section, was deleted 11-6-2000 by L.L. No. 7-2000.
All coin-operated laundry and/or dry-cleaning machines and locations must be approved by the village departments having jurisdiction, prior to the installation of machinery. A floor plan showing the business premises and the location, type and manner of installation of all equipment shall be submitted with each license application.
No coin-operated dry-cleaning licensee shall permit or allow such machines to be used by any person who is less than 16 years of age. A suitable sign indicating such age restriction must be prominently posted and maintained on the premises.
All coin-operated dry-cleaning machines shall be fitted with a device which will prevent the opening of the door of any such machine while such machine is in operation and until all solvent vapors have been removed from any textile, fabric, garment or other article, and from the drum in which the same shall be placed.
In the event that perchloroethylene or any chlorinated hydrocarbon is a component part of any solvent used in a coin-operated dry-cleaning machine, then such machine shall not be used if the odor of perchloroethylene or any chlorinated hydrocarbon is masked or altered in any fashion, or if the concentrations of solvent vapor of such perchloroethylene or chlorinated hydrocarbon is greater than 40 parts of such vapor to 1,000,000 parts of air at any time and anywhere in such machines or appurtenant equipment.
In any coin-operated dry-cleaning establishment, solvent storage tanks, power boxes and other sources of danger shall be so situated as to be inaccessible to the general public and patrons of such establishment.
Spotting operations utilizing flammable liquids shall not be permitted in this type of occupancy.
Only the front or customer side of dry-cleaning machines shall be exposed in the customer area. The working or maintenance portion of the equipment shall be separated from the front of such machines by a solid partition. Access doors to the enclosure back of the machines shall be kept closed and locked. The enclosure for the dry-cleaning machines shall not be a part of or interconnected with those areas that contain heating devices requiring air for combustion, such as dryers, water heaters and boilers.
An exhaust system shall be provided for the removal of toxic vapors. This exhaust system consists of the individual exhaust on each dry-cleaning machine, scavenger ducts strategically located, exhaust fans for the enclosure behind such machines, and the front grill of loading door air intakes on each machine.
The central exhaust ventilating system for dry-cleaning machines as described above shall be operated continuously while the premises are open to the public. The vapor removal system shall be interlocked with the dry-cleaning machines so that the latter cannot be operated without actuating the exhaust system. The manifolded exhaust system shall exhaust to the outside, not terminate within 25 feet of any building opening, not expose the passing public, and be located as remotely as possible from appliance air intakes. In addition to the individual exhaust for the vapor from each such machine, a scavenger duct shall be provided for each two machines to pick up vapors surrounding the equipment near the floor. The suction of these scavenger pipes should be located two to four inches above the floor. A general ventilation fan shall also be installed within the rear enclosure of such machines to be used in case of serious solvent spill. Each such machine shall be designed so that when the machine is not in operation air is drawn through the front door or grill of the machine at a face velocity of at least 100 feet per minute.
Provisions must be made for makeup air to compensate for that which is exhausted to the outside.
Such dry-cleaning machines shall be provided with some satisfactory means to limit vapor accumulation and to salvage the solvent resulting from a spill due to an accident or failure of equipment, such as by diking the entire system with a four-inch curb on the floor, which will contain the solvent and drain it to an underground tank where it can be recovered. When an underground tank is not feasible, the curbed area can be provided with a sump pump that will pump the solvent to an aboveground tank.
All coin-operated dry-cleaning establishments shall have two exits which shall be at least 25 feet apart from each other and shall lead directly to the outside.
Filter residue and other residues containing solvent shall be disposed of so as not to create a health hazard or nuisance. A locked, covered metal container shall be used for temporary storage outside the building.
All direct equipment exhausts or vents shall be provided with mesh lint arrestors, which shall be kept clean unless lint traps are provided on the dry-cleaning unit.
Each self-service or coin-operated laundry or dry-cleaning establishment shall be provided with a portable fire extinguisher of the carbon dioxide or dry chemical type.
Each day, or after the specified number of cycles recommended by the manufacturer, dry-cleaning machines shall be serviced, including but not limited to:
Adding "charged" solvent to restore the main supply.
Cleaning the button trap and the lint bag, trap or screen.
Cleaning the tank sump and removing the sludge.
Adding filter aids to dispersers.
Resetting the cycle counter, if one is provided.
Emptying the water from the separator.
All coin-operated dry-cleaning establishments shall prominently display lighted indoor signs warning the general public of the danger of excessive solvent vapor inhalation and skin irritation from unevaporated dry-cleaning solvent.
A step-by-step instruction list must be posted in a conspicuous location near each laundry and dry-cleaning machine for customer use. A telephone number must be listed for emergency assistance.
All machines shall be checked daily and kept in good repair by the licensee. All maintenance personnel shall be familiar with all necessary machinery repairs and instructed to the solvent hazards.
Only the solvent specified by the equipment manufacturer shall be used.
Coin-operated dry-cleaning plants shall utilize only solvents classified as nonflammable or as nonflammable at ordinary temperatures and uses.
[Amended 11-6-2000 by L.L. No. 7-2000; 7-10-2006 by L.L. No. 4-2006]
Any person maintaining or conducting or carrying on or operating a coin-operated laundry and/or a coin-operated dry-cleaning establishment violating the provisions of this chapter shall be subject to a fine or penalty of $500 for each violation thereof for any offense. Each day or fraction of a day on which each such violation shall continue shall be construed as a separate and distinct offense.