Town of North Hempstead, NY Chapter 60 Trade On Memorial Day

[HISTORY: Adopted by the North Hempstead Town Board 5-13-1969 as L.L. No. 1, 1969; amended in its entirety 4-25-1972 by L.L. No. 1, 1972. Subsequent amendments noted where applicable.]

§ 60-1 Trade prohibited.

[Amended 5-20-1986 by L.L. No. 5, 1986[1]]

All trades, manufacturers, agricultural or technical employments are hereby prohibited upon that day established by the Congress of the United States and/or the Legislature of the State of New York known as "Memorial Day," between the hours of 9:00 a.m. and 2:00 p.m., except that when the same are works of necessity, they may be performed in their usual and orderly manner so as not to interfere with the observance of said day.

[1] Editor's Note: This local law also changed the former title of Ch. 60, Trade on Memorial and Independence Days, to its present title.

§ 60-2 Exceptions.

[Amended 5-20-1986 by L.L. No. 5, 1986]

All manner of public selling or offering for sale of any property upon that day established by the Congress of the United States and/or the Legislature of the State of New York known as "Memorial Day" is prohibited except as follows:

A. Articles of food may be sold, served, supplied and delivered at any time before 10.00 a.m.

B. Meals may be sold to be eaten on the premises where sold at any time of the day.

C. Caterers may serve meals to their patrons at any time of the day.

D. Prepared tobacco, bread, milk, eggs, ice, soda water, fruit, flowers, confectionery, souvenirs, newspapers, gasoline, oil, tires, drugs, medicines and surgical instruments may be sold and may be delivered at any time of the day.

E. Grocers, delicatessen dealers and bakeries may sell, supply, serve and deliver cooked and prepared foods, and farmers' markets or roadside stands selling fresh vegetables and other farm produce and fishing tackle and bait stores may sell, supply, serve and deliver merchandise usually sold by them at any time of the day.

F. This local law shall not apply to the sale of alcoholic beverages by persons, firms or corporations holding licenses or permits issued under the provisions of the Alcoholic Beverage Control Law.

§ 60-3 Penalties for offenses.

Any person or persons, association or corporation committing an offense against this local law or any section or provision thereof is guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for a period not exceeding fifteen (15) days for each such offense, or by both such fine and imprisonment.

§ 60-4 Severability.

If any clause, sentence, paragraph, section or part of this local law 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 or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 60-5 Repealer.

The ordinance of the Town of North Hempstead entitled "Restricting Trade on Memorial Day" is hereby repealed and the provisions of said ordinance are superseded by the provisions of the local law hereby enacted.[1]

[1] Editor's Note: Ordinance "Restricting Trade on Memorial Day," adopted 4-29-1958, was formerly included in the Code as Ch. 36, Memorial Day Trade Restrictions.

§ 60-6 When effective.

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