[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-13-1934 (Ch. 36, Art. I, of the 1972 Code)]
[Amended 2-14-1968[1]]
A.
No person shall hereafter erect, hang or place, or cause or permit
to be hereafter erected, hung or placed, over, upon or across any
sidewalk in the Village of Malverne any sign, banner or other emblem
or insignia, without first obtaining from the Board of Trustees of
said Village a permit so to do.
B.
Application.
(1)
Application for such permit shall be in writing and be accompanied
by a written consent of the owner of the property on which the sign,
banner or other emblem or insignia is proposed to be erected.
(2)
Such application shall contain an agreement on the part of the applicant
that, in consideration of the granting of such permit by the Board
of Trustees, such applicant shall save and keep harmless the Village
of Malverne from any liability for, or by reason of, any injury to
person or property as a result of his negligence or otherwise in connection
with the sign.
(3)
The application for such permit shall set forth in detail the nature
and size of said sign, banner or other emblem or insignia, and shall
be accompanied by a sketch showing the design thereof, the measurements
thereof, the words intended to appear thereon and shall, in addition,
show the distance between the lowest part of the sign, banner or other
emblem or insignia and the sidewalk below, and the number of feet
into the street which said sign, banner or other emblem or insignia
shall project.
C.
Each and every application shall be filed with the Clerk of the Village
of Malverne and, at the time of filing the application, such applicant
shall pay a fee as set from time to time by resolution adopted by
the Board of Trustees to the Clerk of said Village to cover the cost
of the inspection thereof.
No consent shall hereafter be given by the Board of Trustees
of said Village to the hanging or erection of any such sign, banner
or other emblem or insignia, nor shall such sign, banner or other
emblem or insignia be hereafter hung or erected, unless such sign,
banner or other emblem or insignia shall be at least eight feet above
the sidewalk and unless the same shall extend into the street no greater
distance than five feet from the property line. Any sign, banner or
other emblem or insignia intended to run parallel with the building
in a horizontal position must be fastened securely to the building
wall and must not project over the sill of the second story or below
the front window cornice. Signs, banners or other emblems or insignia
extending out from the building, other than vertical signs, banners
or other insignia, shall not extend above the floor beams of the second
story. Vertical signs, banners or other emblems or insignia must not
extend above the roof of the building. No sign, banner or other emblem
or insignia shall cover any portion of any window.
No consent hereafter granted by the Board of Trustees of Malverne,
Nassau County, New York, shall be construed to permit the erection
of any sign, banner or other emblem or insignia in any manner in contravention
of the rules herein specified.
[Amended 8-19-1999 by L.L. No. 2-1999]
Nothing herein contained shall be construed to prohibit the
Board of Trustees of the Village of Malverne from permitting the erection
of any banner or transparency which is intended to be temporary and
not permanent, upon proper application made to it in accordance with
the terms and provisions of this article upon such conditions as the
Board of Trustees may prescribe.[1]
[1]
Editor's Note: Original Sections 36-4(B), Open House Signs, added 9-20-2007 by L.L. No. 3-2007, as amended, and 36-4(C), Political Signs, added 8-19-1999 by L.L. No. 2-1999, which followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 600, Zoning, §§ 600-9.2 and 600-9.5.
[Added 7-17-1974]
It is the purpose of this article to preserve and promote the
character and appearance and conserve the property values of the Village,
the attractiveness of whose residential and business areas is an economic
mainstay of the community, and also to protect the safety of pedestrians
and automobiles. To that end, in a business district, no storekeeper,
store owner or proprietor or anyone conducting a business shall be
permitted to use more than 40% of the available window space either
inside or outside of said store or premises for the purpose of advertising
products or merchandise sold within the premises or for any other
purpose or for the placing of signs of any description. The remaining
available window space shall be free of objects such as cartons, crates,
boxes, machinery or similar articles which are unnecessarily offensive
to visual sensibilities as determined by the Board of Trustees.
[Amended 2-14-1968[1]]
[Adopted 6-13-1923 (Ch. 36, Art. II, of the 1972 Code)]
No commercial advertising sign or signboard shall be erected
or placed on any highway, street or roadway in the Village of Malverne,
and no person or persons shall, except upon written permit issued
by the Village, placard with show bills, handbills, posters or any
printed or written notice or notices and advertisements of any kind
whatsoever, or attach anything whatsoever of such character to any
tree, pump, hydrant, telegraph, telephone or electric light pole within
the Village of Malverne, except legal notices and notices and rules
made and adopted or enacted by the Board of Trustees of said Village
and posted by order of said Board.
