[HISTORY: Adopted by the Town Board of the Town of Newburgh: Art. I, 9-23-1974 as Ch. 139 of the 1974 Municipal Code. Amendments noted where applicable.]
Noise and illumination control — See Ch. 125.
Article I Shopping Center Parking Areas
[Adopted 9-23-1974 as Ch. 139 of the 1974 Municipal Code]
In order to provide for the health, safety and welfare of the inhabitants, residents and all persons in the Town of Newburgh and in order to prevent blight and the spread thereof to the properties located within said town, it is hereby declared that all shopping center parking areas located in the Town of Newburgh shall be maintained in conformity with the standards hereinafter set forth so as to assure that these areas will not adversely affect the neighborhood or the community at large. It is found and declared that by reason of lack of maintenance and progressive deterioration, certain premises have the further effect of creating blighting conditions and that, if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same. By reason of timely regulations and restrictions, as herein contained, the growth of blight may be prevented and the neighborhood and property values thereby maintained and the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered. This Article has been prepared and adopted with consideration of the character of the various zoning districts and the stability of the particular uses therein.
As used in this Article, the following terms shall have the meanings indicated:
- A natural person or persons, corporation, copartnership, unincorporated association or any other organization of two (2) or more persons who or which is or are the owner or owners, mortgagee or vendee in possession, receiver, fiduciary, lessee or agent directly or indirectly in control of a shopping center parking area within the confines of the Town of Newburgh.
- SHOPPING CENTER PARKING AREA
- Any area set aside for the use of the general public for the purpose of permitting parking or loading of vehicles by customers of commercial retail sales or services establishments, including the necessary access roads thereto and the immediate surrounding paths, walkways and fenced areas, where such parking area provides for the parking of more than fifteen (15) vehicles.
Words used in the singular shall include the plural and vice versa. The word "shall" is always mandatory.
This Article shall be enforced by the Building Inspector or by his deputies designated for this purpose.
Surface and subsurface water. Surface and subsurface water shall be appropriately drained to protect the shopping center parking area and to prevent the development of stagnant ponds, including the maintenance of all stormwater basins by the cleaning thereof so that said installations shall function as designed, and further including the removal of any garbage, rubbish, silt, topsoil or other foreign material which creates an unsanitary condition or prevents or impedes the drainage action of the structure.
Shopping carts. No shopping baskets, carts or wagons shall be left unattended or standing, and said baskets, carts or wagons shall be regularly collected at the end of each business day and removed to the interior of the building or buildings from which they were taken by the person responsible for said building or buildings.
Fences. All fences shall be maintained by the person responsible for the property. Such maintenance shall include, but not be limited to, the replacement and/or repair of fences which may become in disrepair.
Landscaping. All landscaping shall be well maintained so that lawns, hedges, bushes and trees shall be kept trimmed and free from becoming overgrown and unsightly where exposed to public view and where the same may constitute a blighting factor, thereby depreciating adjoining property. Such maintenance shall include, but not be limited to, the replacement of trees and shrubs which may die and/or otherwise be destroyed.
Steps, walks and paved areas. Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled or necessary repairs or replacement carried out. All off-street parking facilities shall be swept at least once a month.
Hazards; scattering of rubbish. All shopping center parking areas shall be kept clean and free of physical hazards, rodent harborage and infestation. They shall be maintained in a manner that will prevent rubbish from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access to the public.
Signs. All permanent signs exposed to public view shall be maintained in good repair. Excessively weathered or faded signs shall be removed or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or removed. All temporary signs, except "For Rent" signs, shall be removed at the expiration of the event or sale for which they are erected or within sixty (60) days after erection, whichever shall occur sooner.
Rubbish and trash. No person shall deposit, throw or scatter or suffer, permit or allow the accumulation of any filth, dirt, ashes, junk, garbage, wastepaper, dust, rubbish, sticks, stones, grass, wood, leaves, paper or paper boxes, iron, tin, nails, bottles or glass of any kind, old cars and parts thereof or any other kind of rubbish or waste material upon any portion of a shopping center parking area as herein defined.
Any person, firm or corporation violating any provision of this Article shall, upon conviction thereof, be punishable by a fine of not more than two hundred fifty dollars ($250.) or imprisonment for a term not exceeding fifteen (15) days, or both. Each day any noncompliance shall continue shall constitute a separate violation.