Village of Cedarhurst, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 9-2-1983 by L.L. No. 20-1983. Amendments noted where applicable.]
The Board of Trustees of the Village of Cedarhurst 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 Village of Cedarhurst.
As used in this chapter, the following terms shall have the meanings indicated:
SECURITY GATE
A barrier, screen or cover located in the interior of the premises only, behind a door, window or other opening, used for the purpose of security for the premises by preventing access or blocking passage to the interior of the premises; however, which shall not block the view of the interior from the exterior. Such barrier, screen or cover shall be the type known as "All Steel Security Tubular Rolling Grill" and shall maintain ninety-percent visibility. Any metal barrier, screen or cover installed by any person, firm or entity shall be constructed of an open-mesh grill or patterned, textured substance with the required ninety-percent visibility, so as to blend architecturally with the community.
[Amended 12-7-1998 by L.L. No. 10-1998]
[Amended 10-6-1997 by L.L. No. 9-1997; 12-7-1998 by L.L. No. 10-1998]
The provisions of this chapter shall apply only to security gates located in front of or behind doors, windows or other openings located within a business district or a business which is a preexisting nonconforming use which is located in any other district.
A. 
No solid barrier, screen or cover shall be erected, maintained or located in front of or behind doors, windows or other openings located within a business district or any business which is a preexisting nonconforming use located in any other district, and no barrier, screen or cover of any kind shall be erected or located on the exterior of doors, windows or other openings located within a business district or any business which is a preexisting nonconforming use located in any other district.
[Amended 12-7-1998 by L.L. No. 10-1998]
B. 
All security gates shall be of the type known as "overhead rolling grill" and shall 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.
D. 
Any metal screen protective device installed by any person, firm or entity shall be constructed of an open-mesh grill or patterned, textured substance with the required visibility, so as to blend architecturally with the community.
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 thereof.
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 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 the Building Official.
The fee for a permit for the erection, alteration or maintenance of a security gate shall be as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.[1] The fee shall be paid at the time the application is presented to the Building Official.
[1]
Editor's Note: The fee schedule is on file in the village offices.
[Amended 1-6-1986 by L.L. No. 2-1986; 10-6-1997 by L.L. No. 9-1997]
Any owner, lessee, tenant, general agent, architect, builder, contractor, subcontractor, workman, employee or any other person, unless stated otherwise herein, who knowingly commits, takes part or assists in any violation of this chapter or who maintains any building or premises in which any violation of this chapter shall exist shall, for each and every violation and for each and every day that such violation continues, forfeit and pay a penalty set in accordance with Chapter 1, Article III, General Penalty.
[Amended 1-6-1986 by L.L. No. 2-1986]
A. 
In addition to the remedies hereinbefore provided, the Mayor, the Board of Trustees or the Building Inspector, acting in the name of the village, or any person aggrieved, acting in his or her own name, shall have the right and power to enforce the provisions of this chapter by injunction or otherwise as provided by law.
B. 
The imposition of the penalties herein prescribed shall not preclude the Village Attorney from instituting any appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent an illegal act, conduct, business or use in or about any premises.