[HISTORY: Adopted by the Board of Trustees of the Village
of New Hempstead 10-24-2017 by L.L. No. 5-2017. Amendments noted where applicable.]
A.
The Village Board of Trustees, well aware that all uses in the Village
of New Hempstead ("Village") were residential or of a character consistent
with residential uses such as office spaces, schools and places of
worship, understands that the placement of more intense commercial/retail
uses in close proximity to the existing residential uses requires
closer scrutiny.
B.
The Village Board of Trustees, concerned with the health, safety
and welfare of the residents of the Village, and about those persons
passing through as transients or visitors or who are otherwise within
the jurisdiction of the Village, and the Board of Trustees, being
concerned about the effects of commercial uses open during late evening
hours and early morning hours upon the police facilities, crime rate,
public disorder, public safety, public health, physical and mental
health, public welfare, environment and miscellaneous pollution, noise
pollution, air pollution, littering, loitering, sanitation and local
vehicle traffic, have created this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any premises used for the purpose of carrying on or exercising
any trade, business, profession, vocation or charitable activity.
Any establishment, including but not limited to a store,
shop, market, station or place of business, in which goods, wares,
food, beverages, liquids or merchandise of any type, nature or description
is offered for sale, distributed or made available to a purchaser,
recipient or third party.
A.
Hours of operation.
(1)
It shall be unlawful for any retail establishment, other than those set forth in § 219-4 hereof, to operate and remain open to the public except between the following hours on the following days ("operation hours"):
(2)
However, a special permit may be issued by the Board of Trustees
for the conduct outside of the operation hours on such terms and conditions
as may be approved by the Board of Trustees.
B.
It shall be unlawful for any retail establishment, except between
the operation hours, to sell, distribute or make available:
Section 219-3A shall not apply to retail establishments that are drugstores and/or pharmacies, provided that said drugstores/pharmacies are under the immediate supervision of a licensed pharmacist then on site during such operation outside the operation hours.
A.
Any violation, by a person, firm, partnership, corporation or other
entity, of this chapter shall be deemed an offense punishable by a
fine not to exceed $1,000 per day or imprisonment for a period not
to exceed six months, or both.
B.
Any person who takes part in or assists in any violation of this
chapter shall also be subject to the penalties provided herein.
C.
Each day or part thereof that a violation of this chapter 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 chapter, such as but not limited to an injunction or restraining
order.
This chapter is in addition to any other law, ordinance or regulation
affecting the subject matter herein and is not in limitation hereof.
