[HISTORY: Adopted by the Board of Trustees of the Village
of Kensington 11-20-1968 as Ch. 1 of Part III of the Code of Ordinances (1968).
Section 91-3 amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
Every license or permit shall constitute a personal privilege
of the person to whom it was issued, and no license or permit is assignable
or transferable nor shall it be availed of by any person not named
or described therein.
Every license shall be valid for a period of time therein specified,
but shall not extend for a longer period of time than the 31st day
of December of the year following that in which the license was issued.
Except as otherwise provided by ordinances or local laws now
or heretofore enacted, every license and permit required by any village
ordinance or local law shall be in writing and shall be issued by
the Village Clerk under the seal of the village and shall state the
name and address of the person to whom it is issued, the term and
the purpose thereof and the fee paid therefor.
In case the right granted under any license or permit shall
not have been exercised within six months after the date of its issue,
such license or permit shall thereupon become void and shall grant
no further rights to any person and shall be forthwith surrendered
to the Village Clerk upon demand. In such case, no part of the fee
shall be refunded.
No license or permit shall be issued until the fee provided
therefor has been paid; provided, however, that the Mayor, in his
discretion, may waive the payment of the fee in the case of a license
or permit issued to any charitable institution or any association
or other group formed or organized for charitable, religious, educational,
political or patriotic purposes.
No license or permit shall be issued, reissued or extended to
any person whom the Mayor or the Village Clerk shall deem for any
reason unfit or against whom any complaints have been submitted which
he shall deem justifiable or whose conduct may have been objectionable
to the residents of the Village of Kensington. No license shall be
issued to any person whose conduct may, in the judgment of the Mayor
or the Village Clerk, have been immoral or improper or objectionable,
or whose business or method of conducting the same shall, in the judgment
of the Mayor or the Village Clerk, be likely to disturb or tend to
disturb the peace and order of the village or create or tend to create
unsanitary or annoying conditions or to litter the streets, sidewalks
and other public or private property or likely to be objectionable
to its residents.
Whenever it shall appear to the satisfaction of the Mayor or
the Village Clerk that there has been any false statement or any misrepresentation
as to a material fact in the application on which the license or permit
was based, or that any license or permit has been issued in error,
or that the conditions are such that the license or permit should
not have been issued, or that there has been a failure to comply with
any statute, ordinance, rule or regulation or with any condition upon
which the license or permit was granted, or that the further use of
the license or permit or the exercise of the privileges thereunder
would be contrary to the best interests of the village or its inhabitants
or could cause or tend to cause injury, damage or annoyance to persons
or property in the village, or that other sufficient or adequate reasons
exist, the Mayor or the Village Clerk may forthwith suspend such license
or permit, with or without notice and without refunding any portion
of the license fee, but shall report the facts and circumstances to
the Board of Trustees at its next regular meeting. Thereupon, the
Board of Trustees may, in its discretion, forthwith and without notice
revoke the said license or permit or may continue the suspension of
such license or permit for such period of time as the Board may determine.
The licensee shall, however, have the right to appear before the Board
of Trustees and present such proof as he may desire in respect to
any such matter. The Board of Trustees may also require the licensee
to appear before the Board and show cause why the license or permit
should not be permanently revoked, and the failure of the licensee
to appear at the time and place appointed shall, without more, be
deemed adequate ground for the permanent revocation of the license
or permit.
During the period of time that any such license or permit has
been suspended or after the same has been revoked, the licensee shall
be entitled to no more rights or privileges than if the license or
permit had never been issued; but all actions done in good faith while
the license or permit was in force, and in conformity with statutes,
ordinances, rules and regulations and the conditions of the license
or permit, shall be valid.
No licensee, servant, agent or employee of a licensee, and no
owner, licensee, manager, operator or other person having charge or
control of any premises or part thereof wherein or whereon any licensed
activity is carried on or performed, shall do, or knowingly allow
or permit any person, whether in his employ or otherwise, to do or
permit any act or acts in violation of the terms and conditions upon
which such license or permit has been issued or in violation of any
statute, ordinance, rule or regulation applicable thereto.
For the privilege of carrying on certain activities or of performing certain acts, licenses or permits are required and shall be issued upon compliance with all of the terms and conditions hereinafter referred to and upon the payment of the fees hereinafter provided for. No such activities shall be carried on and no such acts shall be performed unless and until the required license or permit has been issued and the specified fee has been paid. No such fees shall be returnable. Notwithstanding the foregoing, a public utility company shall be exempt from the fees but shall be required to apply for a permit and receive same before commencing any work; provided, however, that the utility company has on file with the Village of Kensington a surety company bond, approved by the Board of Trustees, guaranteeing the restoration of the street or sidewalk or other property of the village upon completion of the work for which it secures the permit referred to herein, all as set forth in § 91-12.
[Added 10-21-1987 by L.L. No. 5-1987]
The Board of Trustees may, by resolution, from time to time,
establish, amend and/or modify a schedule of fees for any licenses,
permits and/or applications provided for in the Code of Ordinances
of the Village of Kensington or otherwise provided for or required
by law. The current fee schedule shall remain in effect except as
amended, modified or superseded by such action by the Board of Trustees.[1]
[1]
Editor's Note: The schedule of fees as established February
18, 1981, by L.L. No. 1-1981 has been excluded from this chapter on
instruction of the governing body and is available in the office of
the Village Clerk.
In his discretion, the Village Clerk issuing the license or
permit, or the Mayor, may impose such terms and conditions as he shall
deem reasonable and proper for the protection of the village and the
persons and property therein or to avoid damage or annoyance to persons
who may be affected by the exercise of the license or permit.
A.Â
In case it shall appear to the satisfaction of the Mayor or the Village
Clerk that any activity for which a license or permit is required
shall constitute interstate commerce or an exercise of the right of
freedom of speech or freedom of religion guaranteed by the Constitution
of the United States of America or the Constitution of the State of
New York, the license fee shall be waived.
B.Â
In any case where an applicant for a license or permit is required
to pay the cost of restoration or other damage to village property,
the applicant shall, at the time of filing the application, deposit
with the Village Clerk a cash deposit equal to at least 150% of the
estimated cost of such restoration or other damage to village property,
as determined by the Mayor or the Village Clerk or other person designated
for that purpose. In the event the applicant shall fail to restore
or repair the damage to village property, such sum may be applied
by the village to the cost of such restoration or repair. Notwithstanding
the foregoing provisions, a public utility company or licensed plumber
may file with the Village Clerk a surety company bond, in a form approved
by the Village Attorney, from a surety company licensed to do business
in the State of New York, in a principal amount to be determined by
the Board of Trustees, to assure the payment of any sums required
for restoration or repair of village property. Such bond shall apply
to all work by such public utility company or licensed plumber under
permits issued during the term of the bond, but the posting of such
bond shall not dispense with the requirement for issuance
of permits. Upon any permit application, the Board of Trustees may
elect to require a greater bond to be posted where the Board finds
the bond previously posted to be inadequate.
[Amended 5-17-1989 by L.L. No. 8-1989.]
C.Â
No permit for moving a building from one place to another upon or
over any street, sidewalk or public place shall be issued unless the
applicant has filed with the Village Clerk a surety company bond,
approved by the Board of Trustees, in an amount to be fixed by the
said Board of Trustees, to assure the completion of the work and the
removal of the building and the full payment of the daily fee hereinbefore
provided and to pay, indemnify and save harmless the village from
any and all claims, liability, judgments and expenses, including counsel
fees, arising out of the work or the use of the village streets, sidewalks
and public places for such purpose.
D.Â
Every applicant, by applying for and accepting a license or permit
under this chapter and by performing the work or activity covered
by such license or permit, expressly agrees to protect, indemnify
and save harmless the village and its officers, agents and employees
from any and all liability or claim of liability and from any and
all cost and expense in relation thereto, including counsel fees,
in any way arising out of such work or activity.
