[HISTORY: Adopted by the North Hempstead Town Board 8-10-1971. Amendments noted where applicable.]
The Town Board of the Town of North Hempstead, County of Nassau, State of New York, pursuant to Town Law, hereby orders and enacts the following ordinance which shall be known and may be cited as the "Pregnancy Termination Facilities Ordinance of the Town of North Hempstead."
Any statute, law, ordinance, rule or regulation to the contrary notwithstanding, "justifiable abortional acts" as defined in the Penal Law of the State of New York, shall be performed only in a hospital having an obstetrical, gynecological or surgical service and having a valid operating certificate from the New York State Department of Health or in a suitably equipped and staffed facility administered by such hospital or in a suitably staffed and equipped facility having a hospital affiliation agreement acceptable to the State Hospital Review and Planning Council.
If it is found that any building or structure, except where authorized and permitted pursuant to § 41A-2 above, is being utilized for and equipped with facilities for acts of abortion, the Manager of the Building Department shall notify the owner of the property, the owner's agent, lessee or occupant to immediately cease and desist the use of said building or structure, such order and notice shall be in writing and may be served upon the person, firm or corporation to whom it is directed either by delivering it personally to him or his agent or by posting the same upon a conspicuous portion of the building or structure where the act is being performed. Thereupon, such use shall immediately be terminated.
Any person, firm or corporation who shall violate any provision of this ordinance or who fails to comply with any requirement thereof or with any notice, order or directive hereunder shall, upon conviction be guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment.
Each day such violation shall be permitted to continue shall constitute a separate offense.
The imposition of penalties herein prescribed shall not preclude the town from instituting an appropriate action in law or in equity to prevent the performance of a justifiable abortional act in any building other than a hospital or facility duly licensed and accredited under New York State Department of Health, and having equipment and facilities acceptable to the State Hospital Review and Planning Council.
This ordinance shall take effect immediately.