[HISTORY: Adopted by the North Hempstead Town Board 7-20-1982 as
L.L. No. 5, 1982. Amendments noted where applicable.]
The Town Board of the Town of North Hempstead hereby declares and finds
it to be in the public interest to provide for the regulation of the installation
and maintenance of security gates within the Town of North Hempstead.
As used in this chapter, the following terms shall have the meanings
indicated:
A barrier, screen or cover located in front of or behind a door,
window or other opening used for purposes of securing premises by preventing
access or blocking passage to the interior of the premises.
A.
The provisions of this chapter shall apply only to security
gates located in front of or behind doors, windows or other openings facing
or fronting on a public road or highway located within a business district.
B.
All security gates which are in existence prior to the
date of the adoption of this chapter and which do not comply with the provisions
of said chapter shall be made to comply with the provisions of this chapter
within three (3) years of the date of adoption of said chapter or shall be
removed.
A.
No solid metal barrier, screen or cover shall be erected
or maintained in front of or behind doors, windows or other openings facing
or fronting on a public road or highway located within a business district.
B.
All security gates shall be of such a type as will not
prevent the viewing of the interior of the premises from outside the premises.
C.
When a security gate is not in use, it shall be removed
or stored in such a manner so as not to be visible from the exterior of the
premises.
A.
It shall be unlawful for any person to commence work
on the erection or alteration of or to erect, alter or maintain any security
gate until a permit has been duly issued upon application therefor.
B.
The Building Department shall require that the application
for a permit shall be accompanied by a set of plans indicating the proposed
location and dimensions of said security gate and a description of the type
of said security gate.
C.
No permit shall be issued until the Building Official
has examined and approved, in writing, the proposed security gate as complying
with all the provisions of this chapter.
D.
Permits shall expire three (3) months following the date
of issuance if no substantial work is begun and may be renewed upon written
application to the Building Official.
[Amended 4-11-2006 by L.L. No. 5-2006]
The fee for a permit for the erection, alteration or maintenance of
a security gate shall be in the amount indicated in the Town of North Hempstead
Fee Schedule. Said fee shall be submitted at the time the application is presented
to the Building Department.
For each and every violation of the provisions of this chapter, the
owner, general agent or contractor of a building or premises where such violation
has been committed or shall exist, and the lessee or tenant of an entire building
or entire premises where such violation has been committed or shall exist,
and the owner, general agent, contractor, lessee or tenant of any part of
a building or premises in which part such violation has been committed or
shall exist, and the general agent, architect, builder, contractor or any
person who knowingly commits, takes part in, allows or assists in any violation
or who maintains any building or premises in which any such violation shall
exist shall be guilty of a violation against this chapter, which violation
shall be punishable by a fine not to exceed two hundred fifty dollars ($250.)
or imprisonment for a period not to exceed fifteen (15) days, or both. Each
day's continued violation shall constitute a separate and distinct additional
violation.
It shall be the duty of the Building Official, and he is hereby given
the power and authority, to enforce the provisions of this chapter.
In the event that any section or provision of this chapter is declared
to be invalid by a court of competent jurisdiction, the validity of the chapter
as a whole or any part thereof shall not be affected thereby.