[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:
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.
