[HISTORY: Adopted by the Orangetown Town Board: Art. I, 7-17-1978 by L.L. No. 6, 1978. Amendments noted where applicable.]
[Adopted 7-17-1978 by L.L. No. 6, 1978]
The Town Board of the Town of Orangetown, being concerned with
the health, safety and welfare of the residents of the Town of Orangetown
and about those persons passing through as transients or visitors
or who otherwise are within the jurisdiction of the Town of Orangetown,
and the Town Board of the Town of Orangetown, being concerned about
the effect of retail establishments open during the late evening hours
and early morning hours upon police facilities, the crime rate, public
disorder, public safety, public health, physical and mental health,
public welfare, environmental pollution, noise pollution, air pollution,
littering, sanitation and local motor vehicle traffic, have created
this local law.
The following definitions shall be applicable to this local
law:
Any store, shop, market or place of business in which goods,
wares, food, beverages or merchandise of any type, nature or description
are offered for sale to a purchaser.
The sale or the offer for sale of goods, wares, food or merchandise
of any description, type or nature on a direct basis to a purchaser.
It shall be unlawful for any retail establishment except those set forth in § 26A-4 hereof to operate and remain open to the public between the hours of 11:00 p.m. and 6:00 a.m.
[Amended 10-24-1994 by L.L. No. 11, 1994]
This article shall not apply to restaurants, ice cream parlors,
bars and grills, bowling alleys, billiard parlors, barbershops, beauty
parlors, movie theaters and playhouses, hotels and motels, gasoline
stations, pharmacies and pharmacy sections of any store which dispenses
prescription drugs which must be physically separated from the other
areas of the store; provided, however, that this article will apply
to the remainder of said store, and further provided that said pharmacy
and pharmacy section is under the immediate supervision of a licensed
pharmacist.
A.Â
Any violation, by a person, firm, partnership, corporation
or other entity, of this local law shall be deemed an offense punishable
by a fine not to exceed $500 or imprisonment for a period not to exceed
six months, or both.
B.Â
Any person who takes part in or assists in any violation
of this local law shall also be subject to the penalties provided
herein.
C.Â
Each day or part thereof that a violation of this local
law is committed or permitted to exist shall constitute a separate
offense.
Nothing contained herein shall be deemed or construed so as
to prevent the enforcement of any other remedy at law, concurrent
or otherwise, available to the Town Board or other law enforcement
authority to avoid or prevent any violation or attempted violation
of this law, such as but not limited to an injunction or restraining
order.
This local law is in addition to any other law, ordinance or
regulation affecting the subject matter herein and is not in limitation
thereof.
The declaration of any portion of this local law, by a court
of competent jurisdiction, to be invalid shall not invalidate the
entire law but only that part thereof so declared to be invalid, and
the remainder of this local law shall remain in full force and effect.
Any title enumerated under this local law is for organization
purposes only and shall not be deemed part of the text of this local
law.
This local law shall take effect immediately upon adoption,
publication and posting as required by law.
