Town of North Hempstead, NY General Provisions

[HISTORY: Adopted by the North Hempstead Town Board: Article I, 12-18-1973 as L.L. No. 2, 1973. Amendments noted where applicable.]

Article I Adoption of Code

§ 1-1 Legislative intent.

The local laws, ordinances and resolutions of the Town of North Hempstead referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of North Hempstead," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.

§ 1-2 Distribution of local laws, ordinances and resolutions.

Distribution of Local Laws, Ordinances and Resolutions
Ordinance	New Number (chapter, Article, section)	Adoption and Amendment Dates	Source
Administration and Enforcement	Chapter 2	5-18-1965
	§§ 2-1 — 2-76§	§ 2-34B amended 8-26-1969
		2-35A amended 2-18-1969
		§ 2-35J amended 8-26-1969
		§ 2-35U amended 10-21-1969
		§ 2-60 amended 8-27-1968; 12-3-1968
		§ 2-63 amended 8-27-1968; 12-3-1968
		§ 2-64B amended 8-27-1968; 12-3-1968; 8-26-1969
		§ 2-64D added 8-27-1968; amended 12-3-1968
		§ 2-65A amended 2-18-1969
		§ 2-66B amended 8-27-1968; 12-3-1968; 8-26-1969
		§ 2-68 amended 8-27-1968; 12-3-1968; 8-26-1969
		§ 2-70 added 5-20-1969
		§ 2-72 amended 8-27-1968; 12-3-1968
Attendance of Employees at Outside Meetings	Chapter 3 §§ 3-1 — 3-2	5-23-1972
Bingo	Chapter 5	11-5-1957; amended 2-3-1959
	§§ 5-1 — 5-14	§ 5-13 amended 10-10-1968
Boats	Chapter 6
	Article I	6-28-1949
	§§ 6-1 — 6-14	§ 6-4 amended 10-31-1967; 1-16-1968
	Article II	12-7-1948
	§§ 6-15 — 6-19
Building Code	Chapter 7	3-23-1965
Buildings, Numbering of	Chapter 10 §§ 10-1 — 10-3	3-1-1949
Circuses	Chapter 12 §§ 12-1 — 12-12	6-12-1951 § 12-4 amended 12-16-1958
Continuity of Government	Chapter 13 §§ 13-1 — 13-8	1-22-1963
Dogs	Chapter 14	4-11-1950; amended 1-22-1957, 12-29-1959
	§§ 14-1 — 14-7	§ 14-2 amended 6-14-1966
		§ 14-4 amended 7-23-1968
		§ 14-5 amended 6-14-1966
Elections on Propositions	Chapter 15 §§ 15-1 — 15-2	10-25-1966	L.L. No. 1, 1966
Employee Organizations	Chapter 16	8-22-1967
	§§ 16-1 — 16-12	§ 16-1 amended 8-26-1969; 9-28-1971
		§ 16-2 amended 9-28-1971
		§ 16-3A amended 8-26-1969; 9-28-1971
		§ 16-3B amended 8-26-1969
		§ 16-4A amended 1-16-1968
		§ 16-4D amended 1-16-1968; 8-26-1969
		§ 16-4E amended 9-28-1971
		§ 16-5 amended 1-16-1968
		§ 16-6 amended 9-28-1971
		§ 16-7A amended 9-28-1971
		§ 16-7B amended 1-16-1968; 8-26-1969
		§ 16-7C amended 1-16-1968; 8-26-1969; 11-24-1970; 9-28-1971
		§ 16-8A amended 8-26-1969
		§ 16-8B amended 8-26-1969; 9-28-1971
		§ 16-8C amended 1-16-1968; 8-26-1969; 9-28-1971
		§ 16-8D added 8-26-1969; amended 9-28-1971
		§ 16-9 amended 1-16-1968; 8-26-1969; 9-28-1971
		§ 16-10 added 9-28-1971
		§ 16-11 amended 9-28-1971
		§ 16-12 added 1-16-1968; amended 9-28-1971
Ethics, Code of	Chapter 16A §§ 16A-1 — 16A-7	9-10-1963 § 16A-7 amended 12-29-1970
Excavations, Hazardous	Chapter 17 §§ 17-1 — 17-9	1-6-1959
Excavations, Highways	Chapter 18 §§ 18-1 — 18-10	5-25-1948 § 18-2 amended 1-29-1957 § 18-3 added 1-29-1957 § 18-4 added 10-3-1961 § 18-7 added 1-29-1957
Explosives	Chapter 19 §§ 19-1 — 19-7	3-30-1954 § 19-2 amended 12-26-1972 § 19-5 amended 12-26-1972 § 19-6 amended 12-14-1965; 12-26-1972
Fire Prevention	Chapter 22 Article I § 22-1 Article II § 22-2 Article III §§ 22-3 — 22-5 Article IV §§ 22-6 — 22-7 Article V §§ 22-8 — 22-12 Article VI §§ 22-13 — 22-17 Article VII § 22-18 Article VIII § 22-19 Article IX § 22-20 Article X §§ 22-21 — 22-22	9-24-1963 § 22-5 amended 2-15-1966
Grading and Soil Removal	Chapter 25 §§ 25-1 — 25-11	2-13-1973
Housing and Rehabilitation Code	Chapter 28 Article I §§ 28-1 — 28-5 Article II §§ 28-6 — 28-20 Article III §§ 28-21 — 28-28 Article IV §§ 28-29 — 28-33 Article V § 28-34 Article VI §§ 28-35 — 28-37 Article VIA §§ 28-38 — 28-39.5 Article VII §§ 28-40 — 28-41.1 Article VIII § 28-42 Article IX § 28-43	5-4-1965 § 28-3 amended 1-4-1966; 10-15-1968 § 28-8C added 8-10-1965 § 28-8D added 8-10-1965 § 28-22F amended 4-27-1971 § 28-22A added 1-4-1966 § 28-28D added 4-26-1966 § 28-30 amended 4-27-1971 § 28-35 amended 4-27-1971 § 28-36 amended 1-4-1966; 10-15-1968; 4-27-1971 § 28-37 added 10-15-1968; amended 4-27-1971 Article VIA added 2-27-1973 § 28-40 amended 4-27-1971 § 28-41.1 added 2-27-1973
Housing, Open	Chapter 28A §§ 28A-1 — 28A-7	1-28-1969
Inflammable Materials	Chapter 29 §§ 29-1 — 29-20	1-23-1962 § 29-2 amended 9-23-1969 § 29-6 amended 9-23-1969
Junk Dealers	Chapter 31 §§ 31-1 — 31-9	3-17-1942
Launderettes	Chapter 33 Article I § 33-1 Article II § 33-2 Article III §§ 33-3 — 33-4 Article IV § 33-5 Article V § 33-6 Article VI §§ 33-7 — 33-13 Article VII § 33-14 Article VIII §§ 33-15 — 33-18	12-16-1960 § 33-11 amended 7-11-1961
Littering	Chapter 34 §§ 34-1 — 34-16	5-26-1970
Materials, Deposit of	Chapter 35 §§ 35-1 — 35-5	7-23-1963
Noise	Chapter 38 §§ 38-1 — 38-8	12-17-1968
Parks	Chapter 39 §§ 39-1 — 39-27	5-11-1971 § 39-22B amended 8-15-1972 § 39-24B amended 4-11-1972 § 39-24C amended 4-11-1972
Payroll Deductions	Chapter 39A §§ 39A-1 — 39A-2	10-17-1972	L.L. No. 2, 1972
Peddlers and Solicitors	Chapter 40 §§ 40-1 — 40-22	12-15-1964	L.L. No. 1, 1964
Personal Property, Abandonment of	Chapter 40A §§ 40A-1 — 40A-8	4-11-1967
Pregnancy Termination Facilities	Chapter 41A §§ 41A-1 — 41A-5	8-10-1971
Public Waterways; Structures	Chapter 42 §§ 42-1 — 42-15	10-13-1964 § 42-3 added 11-30-1965 § 42-4 added 11-30-1965 § 42-5 amended 11-30-1965 § 42-7B amended 11-30-1965 § 42-11 added 3-2-1965
Sand Bank and Pit Excavation	Chapter 45 §§ 45-1 — 45-12	2-13-1973
Sanitation	Chapter 46 Article I §§ 46-1 — 46-14 Article II §§ 46-15 — 46-20 Article III §§ 46-21 — 46-24	12-13-1966 § 46-2 amended 6-15-1971 § 46-3 added 6-15-1971 § 46-5B amended 6-15-1971 § 46-11 amended 6-15-1971 § 46-18A amended 6-15-1971 § 46-24 amended 11-12-1968; 10-20-1970; 3-14-1972
Sewers	Chapter 47 §§ 47-1 — 47-14	4-11-1972
Sidewalks	Chapter 48 Article I §§ 48-1 — 48-3 Article II § 48-4 Article III §§ 48-5 — 48-9 Article IV §§ 48-10 — 48-11 Article V §§ 48-12 — 48-13 Article VI §§ 48-14 — 48-15	9-23-1947 § 48-10B added 4-10-1956 § 48-13 added 5-15-1956
Snow Removal and Street Cleaning	Chapter 49 §§ 49-1 — 49-7	11-10-1964
Taxicabs, Port Washington Police District	Chapter 51 Article I § 51-1 Article II §§ 51-2 — 51-7 Article III §§ 51-8 — 51-13 Article IV §§ 51-14 — 51-17 Article V §§ 51-18 — 51-23	4-1-1947; amended 10-2-1962
Taxicabs and Limousines	Chapter 52 Article I § 52-1 Article II § 52-2 Article III § 52-3 Article IV §§ 52-4 — 52-17 Article V §§ 52-18 — 52-26 Article VI §§ 52-27 — 52-28 Article VII § 52-29 Article VIII §§ 52-30 — 52-32 Article IX §§ 52-33 — 52-34 Article X §§ 52-35 — 52-36 Article XI §§ 52-37 — 52-39 Article XII § 52-40 Article XIII § 52-41 Article XIV §§ 52-42 — 52-44	12-11-1962	§ 52-30 amended 12-14-1965
Theaters	Chapter 54 §§ 54-1 — 54-8	8-9-1949 § 54-8 added 10-19-1954
Tow Cars	Chapter 55 Article I § 55-1 Article II § 55-2 Article III §§ 55-3 — 55-16 Article IV §§ 55-17 — 55-24 Article V §§ 55-25 — 55-26 Article VI §§ 55-27 Article VII §§ 55-28 — 55-32 Article VIII §§ 55-33 — 55-34 Article IX §§ 55-35 — 55-36 Article X §§ 55-37 — 55-42 Article XI §§ 55-43 — 55-45 Article XII §§ 55-46 — 55-52 Article XIII § 55-53 Article XIV §§ 55-54 — 55-56	1-25-1959; amended 10-2-1962 § 55-29 amended 12-14-1965 § 55-30 amended 12-14-1965 § 55-39B amended 8-12-1969 § 55-39C amended 8-12-1969 § 55-41 amended 8-12-1969
Town Beaches	Chapter 56 §§ 56-1 — 56-11	6-11-1963
Town Dock and Facilities	Chapter 58 §§ 58-1 — 58-6	4-5-1960
Trade on Memorial and Independence Days	Chapter 60 §§ 60-1 — 60-6	5-13-1969; amended 4-25-1972	L.L. No. 1, 1969; as amended by L.L. No. 1, 1972
Trespass	Chapter 61 §§ 61-1 — 61-4	7-12-1955
Waterways	Chapter 69 §§ 69-1 — 69-23	8-24-1971 § 69-15B amended 5-16-1972
Zoning	Chapter 70 Article I §§ 70-1 — 70-3 Article II §§ 70-4 — 70-12 Article III §§ 70-13 — 70-22 Article IV §§ 70-23 — 70-32 Article V §§ 70-33 — 70-42 Article VI §§ 70-43 — 70-52 Article VII §§ 70-53 — 70-64 Article VIII §§ 70-65 — 70-78 Article IX §§ 70-79 — 70-87 Article X §§ 70-88 — 70-97 Article XI §§ 70-98 — 70-102 Article XII § 70-103 Article XIII §§ 70-104 — 70-105 Article XIV §§ 70-106 — 70-112 Article XV §§ 70-113 — 70-123 Article XVI §§ 70-124 — 70-136 Article XVII §§ 70-137 — 70-148 Article XVIII §§ 70-149 — 70-170 Article XIX §§ 70-171 — 70-184 Article XX §§ 70-185 — 70-195 Article XXI §§ 70-196 — 70-201 Article XXII §§ 70-202 — 70-219 Article XXIII §§ 70-220 — 70-223 Article XXIV §§ 70-224 — 70-229 Article XXV §§ 70-230 — 70-231 Article XXVI §§ 70-232 — 70-236 Article XXVII §§ 70-237 — 70-239 Article XXVIII §§ 70-240 — 70-241	4-29-1929; readopted as revised 7-10-1945; subsequently readopted as revised 5-31-1966 Article X added 3-6-1973 § 70-103A amended 1-30-1973 § 70-103I added 10-10-1967 § 70-114A amended 5-20-1969 § 70-114D amended 2-27-1973 § 70-123B amended 2-27-1973 § 70-125A amended 1-9-1968; 5-20-1969 § 70-126A added 1-6-1968; amended 5-20-1969 amended 5-20-1969 § 70-126G amended 6-23-1970 Article XVIII added 8-29-1967; amended 4-15-1969 § 70-150 amended 1-30-1973 § 70-151 amended 1-30-1973 § 70-151B amended 3-6-1973 § 70-152 added 1-30-1973 § 70-153 added 1-30-1973 § 70-156 amended 1-30-1973 § 70-165 amended 1-30-1973; 2-27-1973; 3-27-1973 Article XIX amended 4-27-1971 § 70-184 repealed 2-27-1973 § 70-197 added 10-15-1968 § 70-199 amended 2-13-1973 § 70-201 added 12-19-1972; amended 2-27-1973 § 70-203E amended 7-26-1966 § 70-208D amended 10-10-1967 § 70-215B added 6-28-1966 § 70-215C added 3-6-1973 § 70-216 added 10-10-1967 § 70-216A amended 4-27-1971; 5-18-1971 § 70-216B added 11-17-1970 § 70-217 added 10-10-1967 § 70-218 added 2-13-1973 § 70-219 added 2-27-1973; amended 4-24-1973 § 70-220A amended 7-23-1968 § 70-221C amended 2-15-1972 § 70-221D amended 2-15-1972 § 70-221G amended 1-4-1972 § 70-224 amended 2-27-1973 § 70-229 added 1-4-1972 § 70-231 amended 7-23-1968; 10-15-1968 § 70-238B amended 2-13-1968 § 70-238C added 8-29-1972; amended 10-24-1972 § 70-239 amended 2-13-1968; 10-6-1970
Locker Rental Fees for Town Beaches	Chapter 80 §§ 1 — 5	6-28-1949; amended 4-5-1960
Fallout Shelter Rules and Regulations	Chapter 81 §§ 1-11	11-21-1961

§ 1-3 Severability.

If any clause, sentence, paragraph, section, Article or part of this local law or of any local law, ordinance or resolution cited in the table in § 1-2 hereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, Article or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 1-4 Copy of Code on file.

A copy of the Code of the Town of North Hempstead, in loose-leaf form, has been filed in the office of the Town Clerk and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified to by the Town Clerk of the Town of North Hempstead by impressing thereon the seal of the Town of North Hempstead, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while the said Code is in effect.

§ 1-5 Amendments to Code.

Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the "Code of the Town of Hempstead," or any new local laws, ordinances or resolutions, when acted or adopted in such form as to indicate the intention of the Town Board to be a part thereof, shall be deemed to be incorporated in such Code so that reference to the Code of the Town of North Hempstead shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code of the Town of North Hempstead shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing the said Code, as amendments and supplements thereto.

§ 1-6 Code book to be kept up-to-date.

It shall be the duty of the Town Clerk, or someone authorized and directed by the Town Clerk, to keep up-to-date the certified copy of the book containing the Code of the Town of North Hempstead required to be filed in the office of the Town Clerk for the use of the public. All changes in said Code and all local laws, ordinances and resolutions adopted by the Town Board subsequent to the enactment of this local law in such form as to indicate the intention of said Town Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of a copy of such changes or local laws, ordinances or resolutions until such changes or local laws, ordinances or resolutions are printed as supplements to said Code book, at which time supplements shall be inserted therein.

§ 1-7 Sale of Code book; supplementation.

Copies of the Code book containing the Code of the Town of North Hempstead may be purchased from the Town Clerk of the Town of North Hempstead upon the payment of a fee to be set by resolution of the Town Board, which may also arrange by resolution for procedures for the periodic supplementation thereof.

§ 1-8 Publication; filing.

[Amended 6-28-1977 by L.L. No. 5, 1977]

The Town Clerk of the Town of North Hempstead, pursuant to law, shall cause to be published, in the manner required, a copy of this local law in the official newspaper of the town. A copy of the Code of the Town of North Hempstead shall be maintained in the office of the Town Clerk for inspection by the public at all times during regular office hours. The enactment and application of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of provisions of the Code for all purposes.

Publication of ordinances and local laws.

(1)

Every ordinance or local law and every amendment or supplement to an ordinance or local law hereafter adopted or approved by the Town Board of the Town of North Hempstead which is or may be required to be published in one (1) or more newspapers in order to make such ordinance or local law, amendment or supplement effectual shall not be so published in full, but it shall be sufficient to publish in such newspaper or newspapers a notice setting forth the title thereof, a brief description of the provisions thereof and a statement that the full text thereof is on file and may be inspected in the office of the Town Clerk.

(2)

This local law shall supersede in their application to the Town of North Hempstead the provisions of §§ 133, 264 and 265 of the Town Law relating to publication only of an ordinance, amendment or a supplement to an ordinance adopted or approved by the Town Board.

(3)

This local law shall be subject to referendum on petition pursuant to § 24 of the Municipal Home Rule Law and shall take effect immediately upon filing in the office of the Secretary of State in accordance with § 27 of such law.

§ 1-9 Penalties for offenses.

Any person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Town of North Hempstead or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of North Hempstead to be misrepresented thereby, or who violates any other provision of this local law, shall, upon conviction thereof, be subject to a fine of not more than two hundred fifty dollars ($250.) for each offense. In addition thereto, said violation shall constitute disorderly conduct, and the person violating shall be a disorderly person.

§ 1-10 Incorporation of provisions into Code.

The provisions of this local law are hereby made Chapter 1 of the Code of the Town of North Hempstead, to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered 1-1 to 1-11 inclusive.

§ 1-11 When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

§ 1-12 Notice by registered or certified mail.

[Added 9-26-1978 by L.L. No. 3, 1978]

Whenever any section of the Code of the Town of North Hempstead requires that notice be given by registered mail, such section shall be construed to permit notice to be given by either registered or certified mail.