[HISTORY: Adopted Orangetown Town Board 3-22-1971 by Local Law
No. 1, 1971. Amendments noted where applicable.]
The purpose of this local law is to protect the public health,
safety, morals and welfare of the people of the Town of Orangetown
by establishing standards governing where or under what circumstances
or controls justifiable abortions may be performed.
A regulation requiring the performance of justifiable abortional
acts in a licensed and duly accredited hospital notwithstanding any
other law, statute, ordinance or other regulation.
Justifiable abortional acts as defined in the Penal Law of the
State of New York, shall be performed only in a hospital duly licensed
and accredited under the New York State Department of Health, and
having equipment and facilities acceptable to the State Hospital Review
and Planning Council, or in a suitably equipped and staffed facility
administered by such hospital, or in a suitably staffed and equipped
facility having a hospital affiliation agreement acceptable to the
State Hospital Council.
If it is found that any building, except where authorized and permitted pursuant to § 38-2 of this chapter, is being utilized for and equipped with facilities for acts of abortion, the Director of the Office of Building, Zoning and Planning Administration and Enforcement shall notify the owner of the property or the owner's agent to cease and desist the use of said building; such order and notice shall be in writing and may be served upon the person, firm or corporation to whom it is directed, either by delivering it personally to him or his agent or by posting the same upon a conspicuous portion of the building where the act is being performed.
In addition to any penalties as provided by state law, the person,
firm or corporation who shall violate this local law, or fails to
comply with any requirements thereof or with any notice, order or
directive, shall be guilty of a misdemeanor, and any person, firm
or corporation violating the same, upon conviction, shall be punished
by a fine not exceeding $1,000, and/or imprisonment not exceeding
15 days, or by both such fine and imprisonment; and each day such
violation shall be permitted to exist shall constitute a separate
offense.
The imposition of penalties herein prescribed shall not preclude
the Town from instituting an appropriate action or proceeding in law
or in equity to prevent the use of the building for the unauthorized
and/or illegal act.
This local law shall take effect immediately.
