LL 02 Amend Codes 61,88,96,1021,160 & 161 t,
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STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 1 223 1-000 1
GEORGE E. PATAKI RANDY A. DANIELS
GOVERNOR June 2, 2005 SECRETARY OF STATE
Darleen M Dougher
Town Clerk
Town Office Building
742 Bay Rd
Queensbury NY 12804
RE: Town of Queensbury, Local Law 2, 2005, filed on May 24, 2005
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
LL:cb
WWW.005.STATE.NY.US • E-MAIL: INFO@DO5.STATE.NY.U5
/ RECYCLED PAPER
Local Law Filing
NEW YORK STATE DEPARTWNTofSTATE
41 S DUM STREET;ALBANY,NY 12231
(Use this form to file a local law with the Secretary of State.)
Teat of law should be given as amended. Do not include matter being eliminated and do not we
italics or underlining to indicate new matter.
Mx of---—----------AllE.ENSBllftY--------------------------------------------------------
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Local Law No-------------Z---------------------- of the year 20-M--
Alocallaw__ T_4rME4__QU��J� 61�BY__TQJdlY_.�ALI __CJ�APSI_ft_fi1�'_'Al1fIlQI>�BllBNifliQ"_.:'LHAeSER 88
"FIRE PREVENTION_ ANQ B111J,R _ [yUjJp :'�HA�TF.E��f�:_�ABRAIiE,_�ll8BI�1AND REFUSE,"
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CHAPTER 102 "��1NKYAFIQ$� ] .EQ._'IT
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PEDDLERS/SOLICITORS" AND CHAPTER 161_.' _________—_
Be It enacted-by the ---------------------T0WU_BOAf.---------------------------------------------------of the
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of---------------Al1EEN,SBULY-------------------- as follows:
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SECTION 1. Queensbury Town Code Chapter 61, "Outdoor Burning," §61-4-is hereby
amended as follows:
§ 61-4. Penalties for offenses.
An offense against any of the provisions of this chapter shall be a violation and,-upon conviction
thereof, such-violator shall be subject to a fine of not more than $950 for a first offense, or$950
or imprisonment for a period of not more than one year, or both for a second offense.
SECTION 2. Queensbury Town Code Chapter 88, "Fire Prevention and Building
Construction," §88-3 is hereby amended as follows:
§ 88-3.Adoption of standards.
The Town Board of the Town of Queensbury hereby adopts and ratifies any previous adoption of
the New York State Uniform Fire Prevention and Building Code (henceforth referred to as the
"Building Code"), if-any, and all subsequgnt amendments thereto. In the event of conflict
between the Uniform Code and the Town Code, the more stringent standard shall apply.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS 239(RM 11199) (1)
SECTION 3. Queensbury Town Code Chapter 88, "Fire Prevention and Building
Construction,"is hereby amended by adding §88-22 as follows:
§88-22. Inspections of occupied premises.
A. The Fire Marshal shall maintain a schedule of required inspections consistent with the
Uniform Code.
B. The Fire Marshal shall establish the schedules of required inspections which shall provide
for inspections of 1) all buildings containing areas of public assembly, and all dormitory
buildings, at minimum once per year and 2) all multiple dwellings and non-residential
buildings at minimum once every three years.
C. The Fire Marshal, Deputy Fire Marshal and/or their authorized assistants or deputies shall
provide written notice to a property owner or occupant of the requirement of an
inspection. Such notice may be hand delivered to the occupant or property owner, or
posted on the property and mailed to the last known address of the property owner by
regular mail.
D. No property owner or occupant shall refuse to allow a required inspection within a
reasonable period of time. For purposes of this section ten business days shall be deemed
a reasonable period of time.
E. Should a property owner or occupant refuse to allow a required inspection within ten
days of receipt of notice, the Fire Marshal may notify the Director of Building and Code
Enforcement of the refusal and request the revocation of the Certificate of Occupancy for
the premises. A Notice of Intent to revoke the Certificate of Occupancy may then be
hand delivered to the occupant or property owner, or posted on the property and mailed to
the last known address of the property owner by regular mail, the Notice of Intent shall
include direction for the owner or occupant to schedule an inspection. If the required
inspection has not been completed within five business days of the Notice of Intent, the
Certificate of Occupancy may be revoked without further notice or proceedings.
F. Where a certificate of occupancy has been issued for a building, structure or portion thereof
containing habitable space, there shall be no change of commercial use based on change of
ownership, tenancy, lease holder or occupancy unless and until the Fire Marshal, Deputy
Fire Marshal and/or their authorized assistants or deputies shall cause an inspection to be
made and a new certificate of occupancy to be issued. If a prior business has operated
without a Certificate of Occupancy,this shall not excuse the new owner, occupant, tenant
or leaseholder from obtaining a Certificate of Occupancy.
SECTION 4. Queensbury Town Code Chapter 88, "Fire Prevention and Building
Construction," §88-24(B)is hereby amended as follows:
§ 88-24. Penalties for offenses.
(2)
B. Penalties. Any person who shall fail to comply with a written order of the Director of
Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their
authorized assistants or deputies within the time fixed for compliance therewith and any
owner, builder, architect, tenant, contractor, subcontractor, plumber or construction
superintendent or their agents or any other person taking part or assisting in the
construction or use of any building who shall violate any of the applicable provisions of
this chapter or any lawful order, notice, directive, permit or certificate of the Director of
Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their
authorized assistants or deputies made thereunder or any person who shall violate any
provision of this chapter, the Building Code or any rules or regulations adopted pursuant
to this chapter or who shall violate or fail to comply with any order made thereunder or
who shall build in violation of any detailed statement of specifications or plans submitted
and approved thereunder or any certificate or permit issued thereunder, or who shall
refuse to allow a required inspection, in addition to any other penalties provided for in
this chapter, shall be guilty of an offense punishable by a fine of not more than $950 for
the first offense, by a fine of not more than $950 or by imprisonment for not more than
one year, or both for the second offense. The imposition of such penalty shall not be held
to prohibit the enforced removal of prohibited conditions by any appropriate remedy,
including immediate application for an injunction.
SECTION 5. Queensbury Town Code Chapter 96, "Garbage, Rubbish and Refuse,"
Article I"Dumping," §96-5 is hereby amended as follows:
§ 96-5. Penalties for offenses.
Any person, firm or corporation who shall violate any of the provisions of this article, or fail to
comply therewith, or with any of the provisions thereof, shall be guilty of a misdemeanor and
therefore liable to a fine in the sum of not more than $950 for a first offense, by a fine of not
more than $950 or imprisonment for a term not exceeding one year, or both, for a second
offense.
SECTION 6. Queensbury Town Code Chapter 96, "Garbage, Rubbish and Refuse," is
hereby amended by adding a new Article VI"Deposit of Junk"as follows:
Article VI
Deposit of Junk
§96-26. Unlawful Deposit.
A. Consistent with Chapter 102, Junkyards, no person, firm or corporation shall operate,
establish or maintain a Junkyard within the Town of Queensbury without a proper license
to do so.
B. No person, firm or corporation shall store or deposit two or more unregistered, old or
secondhand motor vehicles, no longer in condition for legal use on the public highways
(3)
on any property within the Town unless the person owning or controlling the land is
licensed to operate a junkyard.
C. No person, firm or corporation shall store or deposit motor vehicle parts, scrap or
salvage, machinery, scrap metals, wastepaper, rags, used or salvaged building materials
or other discarded materials or household waste on any property within the Town unless
the person owning or controlling the land is licensed to operate a junkyard.
D. No person, firm or corporation shall leave, dump or deposit any motor vehicle parts,
scrap or salvage,machinery, scrap metals, wastepaper, rags, used or salvaged building
materials or other discarded materials or household waste upon any property owned or
controlled by another person, firm or corporation without the property owner's consent
or permission.
§ 96-27. Penalties for Offenses.
A. Any person, firm or corporation who shall violate any of the provisions of this article, or
fail to comply therewith, or with any of the provisions thereof, or any landowner who
shall allow such violation, shall be guilty of a violation punishable by a fine of not more
than $950 for the first offense; and by a fine of not more than $950 or by imprisonment
for not more than one year for a second offense. The imposition of such penalty shall not
be held to prohibit the enforced removal of prohibited conditions by any appropriate
remedy, including immediate application for an injunction. Each day that the violation is
carried on or continues shall constitute a separate violation.
B. A civil action or proceeding in the name of the Town of Queensbury, New York, may be
commenced in any court of competent jurisdiction to restrain by injunction the violation
of this Article. Such remedy shall be in addition to penalties otherwise prescribed by law
and may be commenced by the Director of Building and Code Enforcement, and/or their
authorized assistants or deputies with the consent of a majority of the Town Board.
SECTION 7. Queensbury Town Code Chapter 102, "Junkyards," §102-11(B) is hereby
amended as follows:
§ 102-11. Fencing; setbacks; open burning.
B. All junkyard materials, including junk motor vehicles and parts thereof, shall be kept
within the enclosure of the junkyard except as removal shall be necessary for the
transportation of the same in the reasonable course of the business. Such materials
temporarily located outside the enclosure, any motor vehicles held for resale for use in
the public highway and any equipment held for resale for the purposes for which it was
originally intended shall be set back at least 20 feet from any public highway right-of-
way. In no event shall more than ten such vehicles intended for resale be allowed outside
the enclosure. No vehicle which meets the definition of Junk Vehicle as set forth at
§179-2-010 shall be allowed outside the enclosure. It shall be a rebuttable presumption
that such motor vehicles and equipment are not held for resale if no sale thereof occurs
(4)
within three months from the date they are first located outside of the enclosure of the
junkyard. Vehicles and parts thereof and other material shall not be piled or stacked to a
height above the fence or screening device. All wrecking or other work on such motor
vehicles and parts shall be accomplished within the enclosure.
SECTION 8. Queensbury Town Code Chapter 102, "Junkyards," §102-15 is hereby
amended as follows:
§ 102-15. Penalties for offenses.
Violators of any of the portions of this chapter shall be guilty of an offense, punishable by a fine
not exceeding $950 for the first offense; and by a fine of not more than $950 or by imprisonment
for not more 15 days or both for a second offense. Each day that the violation is carried on or
continues shall constitute a separate violation.
SECTION 9. Queensbury Town Code Chapter 160, "Transient Merchants, Transient
Merchant Markets,Peddlers/Solicitors," §160-4 is hereby amended as follows:
§ 160-4. Definitions.
TRANSIENT MERCHANT-- A retail or wholesale business conducted in a building, temporary
structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part
of a public right-of-way; or in any other place for a temporary period of time. The type of
merchandise being offered for sale will have no bearing on the designation. This definition shall
not apply to a temporary structure or tent used consistently with a Permit issued under Chapter
161, Special Sales Events.
SECTION 10.Queensbury Town Code Chapter 160, "Transient Merchants, Transient
Merchant Markets,Peddlers/Solicitors," §160-14 is hereby amended as follows:
§ 160-14. Enforcement; penalties for offenses.
A. Each violation of this chapter or of any regulation, order or rule promulgated thereunder
shall be punishable by a fine not exceeding $950 for each offense. Each day a violation
continues shall be a separate offense. In addition to such fine(s), any transient merchant
who shall operate without the required license shall be required to pay the license fees
such transient merchant would have been required to pay if such transient merchant had
properly obtained such license. The payment of such license fee(s) shall not be a fine but
restitution to the Town of revenues that should have been paid.
SECTION 11.Queensbury Town Code Chapter 161, "Special Sales Events," §161-4 is
hereby amended as follows:
§ 161-4. Definitions.
(5)
SPECIAL SALES EVENT -- A temporary, short-term use of land or structures for the purpose
of off-site sales, or on-site sales in a tent or similar temporary structure if such sales were not
permitted by site plan review, conducted by an established business lawfully in existence and
operation within the Town of Queensbury provided that the items being offered for sale are those
items already primarily offered for sale by that business at its principal location.
SECTION 12. Queensbury Town Code Chapter 161, "Special Sales Events," §161-5(B) is
hereby amended by adding subsections(11)and(12)as follows:
(11) A tent or similar temporary structure may not be used for any purpose other than
sale and storage of items already primarily offered for sale by that business at its
principal location. Such tent or similar temporary structure may be erected and
maintained for a maximum of seven consecutive days and no more than twice in
any year.
(12) For a business located within a plaza, the prior grant of another Special Sales
Event Permit within the plaza, must be taken into consideration when determining
whether the criteria for issuance of the requested permit can be met.
SECTION 13. Queensbury Town Code Chapter 161, "Special Sales Events," §161-6(B) is
hereby amended as follows:
§ 161-6. Application and fee.
B. Each application for a special sales event permit shall be accompanied by an application
fee. The fee for said application shall be $125. If a tent or similar temporary structure
will be utilized a deposit of$500 shall accompany the application and shall be returned to
the applicant upon the timely removal of the tent or similar temporary structure.
SECTION 14. Queensbury Town Code Chapter 161, "Special Sales Events," §161-10(A)
is hereby amended as follows:
§ 161-10. Enforcement; penalties for offenses.
A. Each violation of this chapter or of any regulation, order or rule promulgated thereunder
shall be punishable by a fine not exceeding $950 for each offense. Each day a violation
continues shall be a separate offense.
SECTION 15.The invalidity of any clause, sentence, paragraph or provision of this Local
Law shall not invalidate any other clause, sentence,paragraph or part thereof.
SECTION 16.All Local Laws or ordinances or parts of Local Laws or ordinances in
conflict with any part of this Local Law are hereby repealed.
SECTION 17.This Local Law shall take effect immediately upon filing in the Office of the
New York Secretary of State as provided in New York Municipal Home Rule Law §27.
(6)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. --------- ------------------------- of 20-0-5--
of the(Cl�O}(�Ey} n8 fo-wn��)of----DUEENSB JRY-------------------------------------------- was duly passed by the
-_____---- S�AR_p on__MAY__16-___-_ 20CL5-,in accordance with the applicable provisions of law.
(Name of Lera arive Body)
2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto,designated as local law No.---------------------------------- of 20------
of the(CountyXCity)(Town)(Village)of----------------------------------------------------------------- was duly passed by the
on 20_-,and was(approvedXnot approved)(repassed after
(Name of Legw-dve sod))
disapproval)by the------------------=------------------------------- and was deemed duly adopted on -------------- 20----,
(EkcaveCWEaaa -OAker*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. ------------------------------------of 20---__
of the(CountyXCity)(lbwn)(Village)of------------------------- -------------------------------------- was duly passed by the
--------------------------------------------------- on------------------ 20----,and was(approved)(not approvedxrepassed after
(Name vlLedislalive Bod))
disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted
(Eteeare Chief Exeexave ofeer*)
to the people by reason of a (mandatory)(permissive)referendum,and received the affirmative vote of a majority of
the qualified electors voting thereon at the(generalXspecialXannual)-election held on------------------ 20. ,in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting.
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------
of the(CountyXCity)('lbwn)(Yllage)of------------------------- ----------- -- was duly passed by the
---- --------------------
--------------------------------------------------- on------------------ 20----,and was(approved)(not approved)(repassed after
(Name of L*9iA'WVe Bad))
disapproval)by the-------------------------------------------------- on------------------ 20-- . Such local law was subject to
WJec i-chief Exeauive 0&-*)
permissive referendum and no valid petition requesting such referendum-was filed as of------------------ 24--- ,in
accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or
the supervisor of a town where such officer is vested with the power to approve-or veto local laws or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No----------------------------------- of 20------
of the City of---------------------------------------------having been submitted to referendum pursuant to the provisions,of
section(36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the(special)(general)election held on-------------------20----,
became operative.
6, (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No---------------------—__--------- of 20------
of the County of---------------------------------------------------- State of New York,having been submitted to the electors
at the General Election of November------—----_--------20----,pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law,and was finall adopted in the manner in-
dicated in paragraph----I-------above.
Clak of the County kglafte body,Chy,Tma or Pdtage deik
or officer desigoabd by local legis w"body
(Seal)
Date: MAY 19, 2005 =
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locality.)
STAnOPMWRK
��o �WARREN
L,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Jed'&& AQ. Ai,1
sipa�bBERT H. HAFNER
TOWN COUNSEL
Tnk
QUO)*
TURN of QUEENSBURY --
VM(Xge
Date: May 23. 2009
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Emails !$falpOtA7�;( n
05/08/2006 A226080
Ms. Darleen M. Dougher:
We have received the following from your municipality:
Vehicles and Traffic Local Law No. 2-2006 (duplicate).
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
„..,�3'�;-✓.:.... ISSi�iF!12��!!Il3�IlSi!!!tllflFlf�3liiStllS�Stlittl!lSI�FIIISI
General Code Publishers
72 Hinchey Road
Rochester, NY 14624
Phone:800/836-8834 Fax:585/328-8189
Email:sales@generalcode.com
05/27/2005 11216680
Ms. Darleen M. Dougher:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages (where applicable):
Local Law No. 2-2005.
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804