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§ 209-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
209-2{1} BUSINESS DISTRICTS
BUSINESS DISTRICTS Areas located wholly or partly within the following use districts, as defined in Chapter 275 of this Code: A. The Business District. B. The Historic District. C. The Restricted Business District.
209-2{2} SECURITY GATE
SECURITY GATE A barrier, screen or cover located 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 but which enables the viewing of the interior of the premises from outside the premises.
§ 209-3 Applicability; compliance.
A. The provisions of this chapter shall apply only to security gates located behind doors, windows or other openings on the front of any premises or facing or fronting on a public road or highway located within a business or historic district. B. All security gates which have not been installed in accordance with the permit process provided for in § 209-5 and 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 five years of the date of adoption of this chapter, upon a change of tenant, occupant or ownership of said premises, whichever event occurs earliest, or shall be removed.
§ 209-4 Restrictions.
A. No solid metal barrier, screen or cover shall be erected or maintained in front of or behind doors, windows or other openings on the front of any premises or facing or fronting on a public road or highway located within a business or historic district. All metal barriers, screens or covers shall be installed only behind doors, windows or other openings on the front of any premises or facing or fronting on a public road or highway located within a business or historic 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...
§ 209-5 Permit required.
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 Inspector has examined and approved, in writing, the proposed security gate as complying with all the provisions of this chapter. D. Permits shall expire three months following the date of issuance if no substantial work is begun and may be renewed upon written application to th...
§ 209-6 Fee.
The fee for a permit for the erection, alteration or maintenance of a security gate shall be at the level fixed from time to time by resolution of the Board of Trustees. Said fee shall be submitted at the time the application is presented to the Building Department.
§ 209-7 Penalties for offenses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] 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...
§ 209-8 Enforcement.
It shall be the duty of the Building Inspector, and he is hereby given the power and authority, to enforce the provisions of this chapter.
Ch 214 Shopping Carts
[HISTORY: Adopted by the Board of Trustees of the Village of the Branch as Ch. 70 of the 1973 Code. Amendments noted where applicable.]
§ 214-1 Definitions.
A. For the purpose of this chapter, the following definitions shall be applied to the words or phrases used: B. The words "or" and "and" as used herein may be construed to be interchangeable where such meaning is necessary to effectuate the purpose of this chapter.
214-1A{1} ABANDON
ABANDON To leave, discard, dump, throw or place personal property in public places.
214-1A{2} CART or SHOPPING CART
CART or SHOPPING CART Any rolling or nonrolling basket or container, and any part or parts thereof, commonly used in supermarkets or self-service stores as a conveyor of goods, wares and merchandise.
214-1A{3} OWNER
OWNER The merchant or purveyor of foods or other goods who provides patrons with shopping carts, and the person responsible for cart tag identification under the provisions of this chapter.
214-1A{4} PERSON
PERSON A natural person of either sex, a corporation, a partnership, an association or joint-stock company.
214-1A{5} PUBLIC PLACE
PUBLIC PLACE Any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, thoroughfare, off-street parking area, parking field, commercial parking lot, municipal parking facility, park, parking space, sidewalk, curb, gutter, vacant lot, plot, parcel of land and all other spaces or places available to or used by the general public.
§ 214-2 Cart identification tag required.
It shall be unlawful for any person to provide carts for patrons' use on store or business premises unless the cart has permanently affixed to it a sign, metallic tag or other means for clearly identifying the owner of the cart and the specific store location at which said cart is used.
§ 214-3 Violation.
It shall be unlawful and a violation of this chapter for any owner to suffer or permit any person to take any cart from the owner's premises or parking area and thereafter abandon, discard, leave or place such cart in a public place, or suffer or permit any cart to be left or placed in a public place.
§ 214-4 Seizure and removal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] The Smithtown Department of Public Safety is hereby authorized to seize and remove or cause to be seized and removed any abandoned shopping cart from any public place within the Village, without notice, and shall take or cause the same to be taken to a facility within the Village for redemption or disposition as hereinafter provided.
§ 214-5 Redemption of impounded carts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] A. Whenever the Smithtown Department of Public Safety shall remove or cause to be removed any shopping cart or carts having identification of ownership or right of possession, notice of the removal shall be sent by certified mail, return receipt requested, advising of the removal, the facility to which it was removed and the amount necessary to redeem the cart. B. Any shopping carts removed from public places within the Village may be redeemed by the owner thereof at any time prior to disposal by the Village, by paying to the Smithtown Department of Public Safety a fee for each cart, as determined by the Board of Trustees, plus an additional sum for each day or part thereof that...