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HomeMy WebLinkAbout1991-03-06124
March 06, 1991
The Lansing
Town
Board met
in
Special Session at the
Lansing Town Hall
Boardroom at 7:00
P.M.
on March
06,
1991 with Supervisor
Kirby presiding.
ROLL CALL
Jeannine Kirby Supervisor Present
Herbert Beckwith Councilman Present
Jeffrey Cleveland Councilman Present
Louis Emmick Councilman Present
Larry Tvaroha Councilman Present
Richard Thaler Town Attorney Present
Bonita Boles Town Clerk Absent
Debbie Crandall Deputy Town Clerk Present —
Visitors: John Hicks, Linda Hirvonen, George Totman, Dave Herrick, Mr. & Mrs.
Krizek, Louise Bement and one other resident.
The Supervisor called the meeting to order having the clerk take the
roll call.
PUBLIC HEARING
Proof
of
Notice having been
furnished by the Town Clerk, the Public
Hearing on
the
Proposed Increase
in the Local License for dogs was called
to order at
7:00
p.m.
Jeffrey Cleveland, Councilman
Mr. Beckwith stated the reason for the increase was due to the increase
in cost for dog control.
No one appeared vol cingan3r objection to the increase, and all persons
desiring to be heard, having been heard:
RESOLUTION offered by Mr. Beckwith who moved its adoption, seconded by
Mr. Emmick:
RESOLVED that the Public Hearing for the Proposed Increase in the Local
License for dogs be terminated at 7:03 P.M.
Vote
of
Town
Board .
(Aye)
Herbert Beckwith, Councilman
Vote
of
Town
Board .
(Aye)
Jeffrey Cleveland, Councilman
Vote
of
Town
Board
(Aye)
Louis Emmick, Councilman
Vote's.of
Board
Town
Board
(Aye)
Larry Tvaroha, Councilman
Vote of Town Board . . . . . (Aye) Jeannine Kirby, Supervisor
Mr. Tvaroha reported on the T.V. Cable. He stated that the director
of the State Cable Commission advised him that in 3 or-4 months that they
were going to reduce the mandate of 39 houses to 20 houses per mile for areas
of new hook -ups. The Board will be conducting a survey to see what areas
would be affected in the Town.
PUBLIC HEARING
Proof of Notice having been furnished by the Town Clerk, the Public
Hearing to amend Ordinance.No. 7 of the Town of Lansing relating to licensing
and regulating junk yards in the Town of Lansing was called to order at
7 :15 P.M.
No one
appeared
voting
any objection to the proposed amendment, all persons
desiring to
be heard,
having
been heard:
RESOLUTION offered by Mr. Beckwith who moved its adoption, seconded by
Mr. Tvaroha:
RESOLVED that the Public Hearing to amend Ordinance No. 7 of the Town of
Lansing relating to licensing and regulating junk yards in the Town of Lansing
be terminated at 7 :16 P.M.
Vote
of
Town
Board .
Vote
of
Town
Board .
Vote
of
Town
Board .
Vote
of
Town
Board .
Vote
of
Town
Board
.
(Aye)
(Aye)
(Aye)
(Aye)
(Aye)
Herbert Beckwith, Councilman
Jeffrey Cleveland, Councilman
Louis Emmick, Councilman
Larry Tvaroha, Councilman
Jeannine, Kirby, Supervisor
105
March 06, 1991, continued
RESOLUTION offered by Mr. Emmick who moved its adoption, seconded
by Mr. Cleveland:
RESOLVED
that
the Town Board
of the Town of Lansing hereby approves Ordinance
No 39; for. the
year
1991 entitled
Board .
Said increase
in the
local licen ,5e
fee for dogs from $2.50 to $3:.00 making
the total fee
$10.50
from $10.00;
spayed or neutered dogs from $2.50 to
$3.00 raising
the
total fee to $5.50
from the present $5.00 fee.
Copy of said Ordinance attached hereto and made a part thereof.
Vote
of
Town
Board .
Vote
of
Town
Board .
Vote
of
Town
Board .
Vote
of
Town
Board .
Vote
of
Town
Board .
. (Aye) Herbert Beckwith, Councilman
. (Aye) Jeffrey Cleveland, Councilman
. (Aye) Louis Emmick, Councilman
. (Aye) Larry Tvaroha, Councilman
. (Aye) Jeannine Kirby, Supervisor
RESOLUTION offered by Mr. Cleveland who moved its adoption, seconded
by Mr. Emmick:
RESOLVED that the Town Board of the Town of Lansing hereby approves
Ordinance No 38 for the year 1991 entitled LICENSING AND REGULATING JUNK YARD
ORDINANCE. Said amendment is to Section 14, adding a paragraph (C). The
exact proposed amendment is as follows:
Section 14 - Management
(C) Commencing ...1991, every operator of a Junk Yard shall keep a copy of
Log, the form of which must be approved by the Town Code Enforcement
Officer ( "Log ") which contains the following entries for each vehicle
brought into the yard susbequent to the above date:
1. Make - Model - Color - Year
2. Vehicle Identification Number
3. Arrival Date and Disposal Date
4. Certification that the vehicle arrived either with or without an engine
and with or without a fuel tank, with or without a battery or that both
the fuel tank and battery were drained and the contents disposed of in
a manner which is in conformance with the State of New York Environmental
Conservation Law,
5. All entries in the Log shall be made in INK, and it shall be available
for review by the Code Enforcement Officer upon request.
6. A sworn statement, duly notarized, by the Person operating the junk
yard shall be forwarded to the Code Enforcement Officer of the Town
of Lansing showing compliance with this paragraph (C) and itemizing
all entries from the Log for the previous year, said statement to be
received prior to the annual renewal of the said license.
Copy of said Ordinance attached hereto and made a part thereof.
Vote of Town Board . . . . . . (Aye) Herbert Beckwith, Councilman
Vote of Town Board . . . . . . (Aye) Jeffrey Cleveland, Councilman
Vote of Town Board . . . . . . (Aye) Louis Emmick, Councilman
Vote of Town Board . . . . . . (Nay) Larry Tvaroha, Councilman
Vote of Town Board . . . . . . (Aye) Jeannine Kirby, Supervisor
John Hicks discussed the progress of the Hickory Knoll Subdivision.
The dedication of the roads and the temporary emergency water agreement
were discussed.
It was the consensus of the Board to have Mr. Thaler prepare both. the
road agreement and water agreement and bring them to the Regular Town. Board
Meeting on March 20, 1991
Mr. & Mrs. Krizek discussed the possibility of extending the water
line on Hillcrest 200' to include their rental house.
Mr. Herrick informed Mr. Krizek that if the water district is extended
it must go from lot line to lot line.
Mr. Krizek stated that the property with the house on it includes
13 acres of land.
It was suggested to Mr. Krizek to apply for a subdivision of his land
to just include the house and one acre of land.
It was noted that the water extension would be at Mr. Krizek's expense.
ins
March 06, 1991, continued
RESOLUTION offered by Mr. Emmick who moved its adoption, seconded
by Mr. Tvaroha:
RESOLVED
that the Town Board hereby accepts a
petition from the
residents
on
Atwater Road and Drake Road to lower
the speed limit at
the State
the State
of
for
New York's discression. Mr. Thaler will send this to
the approval or denial. Town Board recommends a minimum
of 40 m.p.h.
district. The Board will review this
time.
Vote of Town Board . . . . . . (Aye) Herbert.Beckwith, Councilman
Vote of Town Board . . . . . . (Aye) Jeffrey Cleveland, Councilman
Vote of Town Board . . . . . . (Aye) Louis Emmick, Councilman
Vote of Town Board . . . . . . (Aye) Larry Tvaroha, Councilman
Vote of Town Board . . . . . . (Aye) Jeannine Kirby, Supervisor
Mrs. Bement informed the Board that she would like to move the
Portland Point Safety Monument on Town land to a more visible and
safer place. She would like to have it placed in the open L shape
area in.front of the Town Hall.
RESOLUTION offered by Mr. Beckwith who moved its adoption, seconded
by Mr. Tvaroha:
RESOLVED
that after written permission is
received
from:_
the landowners
permission is granted to place
it on town
property.
Carried.
Dave
Herrick
passed out the
Systematic Improvements to the Town Water
System as
booklet in
a Town Function
length.
booklet
Covered in the
to each Board member. Dave reviewed the
booklet was a water distribution consolida-
tion and a
further.
storage
No action
and distribution
taken at this
district. The Board will review this
time.
Mr. Thaler handed out an updated draft on the policy for personal
use of Town vehicles for the Board to review.
Dave gave an updated sewer report. It was the consensus of the Board
to give Fred Rogers permission to work on an alternate sewer proposal on
a volunteer basis.
The water situation on Gulf Creek concerning Mrs. Listar was discussed
further. Dave Herrick will meet with Mrs. Listar to try to solve the problem
with her not being in the water district and report back to the Board at the
next meeting.
Mr. Thaler read the letter of his approval from Mrs. Kim to Dave
Herrick concerning the Cayuga Highland Subdivision. Linda Hirvonen
requested that a copy of said letter be given to the Lansing Planning
Board.
Copy of said letter attached hereto and made a part thereof.
The Otti Drive situation was discussed. Mr. Thaler informed the
Board that they were still waiting for an easement from Mr. Steve Varga
for the water lines. Jeff Cleveland will contact Steve Varga to discuss
the situation.
Update
on
the
Doctor's
situation was discussed. It was the consensus
of the Board
not
to
pursue
this situation.
Mr. Thaler will prepare a backflow resolution for Bolton Point for the
meeting on March 20, 19910
The Board discussed the possibility of receiving sales tax on an annual
basis. Larry Tvaroha suggested that the Town Board set up a meeting with
Mr. Doyle to discuss this further.
A copy of the minutes of January 9th, 16th, 30th and February 6th,
having been furnished to the Board Members beforehand, the Supervisor asked
for a motion to propose any changes or to accept the same as submitted.
1
w
f'
Thaler & Thaler
Attorneys ano Counselors
Louis K. Thaler (1903 -1979)
Nathaniel F. Knar.lsn (1951 -1990)
Richard B. Thaler
Frederick Beck.
Richaro T. John
Karen E. Solari
Guy K. Krogh
E. Adam Leyens
George Schlecht,
129 North Street
P.O. Box 1108
Dryden, New York
P.E., L.S.
13053
Re: Gulf Creek Subdivision
Dear Mr. Schlecht:
It is my understanding from
amenable to the re- phasing of the
accord with your letter of February
March 8,
1991
309 North Tiooa Street
P.O. Box 266
Ithaca. New York 14851 -0266
Telephone: 607 272 -2314
l eieCppler: 607 272 -8466
Seri.gce of pleadings o;:
not accepted
the Town Board that they are
above subdivision generally in
6, 1991,
The Town's willingness to the revamping of the phasing is
contingent upon your client's willingness to install and dedicate
to the Town, pursuant to Town specifications, the road known as
Teeter Road from the west line of lot 20 to the east line of lot 1
as shown on the Leathers & Associates drawing of September 14,
1990, revised September 19, 1990 and October 30, 1990. Also the
road known as Gulf Creek Heights Road and Smugglers Path from the
south line of the subdivision to a temporary turnaround either at
the north line of lot 10 if lot 11 is not to be included or from
the north line of lot 11 if lot 11 is to be included in Phase I.
The type of turnaround and its dimensions will be of a nature and
type acceptable to the. Town Highway Superintendent and Town
Engineer. All of the rest of Gulf Creek Heights Road as shown on
said plat to its intersection with Teeter Road is to be installed
as part of Phase I. This would allow the development of lots 1
through 10 (lot 11 if to be included pursuant to this letter), lots
15 through 20. In the event that lots 21 and 22, 24 and 25 are to
be included in Phase I, the development of Teeter Road will need to
be extended to the point opposite the west line of Lot 22.
In addition, the water line is to be installed along all parts
of the road to be dedicated on the south
along Gulf Creek Heights Road and Smuggler
said map. The terminus of the west end of
at a point opposite the Logue property i
appropriate amount_o.f land to the widening
side of Teeter .Road and
^s Path, all as shown on
the water line shall be
f the Logues convey the
of Teeter Road which may
-
I
w
f'
Thaler & Thaler
Attorneys ano Counselors
Louis K. Thaler (1903 -1979)
Nathaniel F. Knar.lsn (1951 -1990)
Richard B. Thaler
Frederick Beck.
Richaro T. John
Karen E. Solari
Guy K. Krogh
E. Adam Leyens
George Schlecht,
129 North Street
P.O. Box 1108
Dryden, New York
P.E., L.S.
13053
Re: Gulf Creek Subdivision
Dear Mr. Schlecht:
It is my understanding from
amenable to the re- phasing of the
accord with your letter of February
March 8,
1991
309 North Tiooa Street
P.O. Box 266
Ithaca. New York 14851 -0266
Telephone: 607 272 -2314
l eieCppler: 607 272 -8466
Seri.gce of pleadings o;:
not accepted
the Town Board that they are
above subdivision generally in
6, 1991,
The Town's willingness to the revamping of the phasing is
contingent upon your client's willingness to install and dedicate
to the Town, pursuant to Town specifications, the road known as
Teeter Road from the west line of lot 20 to the east line of lot 1
as shown on the Leathers & Associates drawing of September 14,
1990, revised September 19, 1990 and October 30, 1990. Also the
road known as Gulf Creek Heights Road and Smugglers Path from the
south line of the subdivision to a temporary turnaround either at
the north line of lot 10 if lot 11 is not to be included or from
the north line of lot 11 if lot 11 is to be included in Phase I.
The type of turnaround and its dimensions will be of a nature and
type acceptable to the. Town Highway Superintendent and Town
Engineer. All of the rest of Gulf Creek Heights Road as shown on
said plat to its intersection with Teeter Road is to be installed
as part of Phase I. This would allow the development of lots 1
through 10 (lot 11 if to be included pursuant to this letter), lots
15 through 20. In the event that lots 21 and 22, 24 and 25 are to
be included in Phase I, the development of Teeter Road will need to
be extended to the point opposite the west line of Lot 22.
In addition, the water line is to be installed along all parts
of the road to be dedicated on the south
along Gulf Creek Heights Road and Smuggler
said map. The terminus of the west end of
at a point opposite the Logue property i
appropriate amount_o.f land to the widening
side of Teeter .Road and
^s Path, all as shown on
the water line shall be
f the Logues convey the
of Teeter Road which may
jj
l �
1'
i
�I
T .
correspond with your suggested 25 feet west of the boundary between
lots 21 and 22.
A Letter of Credit
to
cover the
installation
expense of
running the water line
along
Smugglers
Path from its
terminus in
Phase I to the terminus
of the water line
at the point on Teeter
Road as contemplated in
Phase
I. It will
also cover
the completion
of Smugglers Path to Teeter
Road and the
completion
of Teeter Road
from the improvement opposite
the Logue
property to
the extension
of Smugglers
Path.
The installation of these remaining items shall be pursuant to
a written agreement between the Town and your client which will
specify that the completion of the work to be done be within seven
years from the date of the agreement or within six months of a
letter from the Town requesting that the same be done. The Letter
of Credit may not be expended for the purpose of those improvements
unless there is an agreement in writing between your client and the
Town to apply such funds for that purpose.
Phase II will be pursuant to your letter.
Phase III will be pursuant to this letter and to include the
development of lots 23, 14, 13, 12 and 11. Locations of temporary
turnarounds will be with the approval and upon consultation with
the Town Engineer and Town Highway Superintendent.
In the event that your clients are required to rebuild Teeter
Road in front of lots 22, 23, 14 to its intersection with Smugglers
Path and in the event that the appropriate amount of additional
right of way cannot be obtained from the Tuddenhams or their
successors, the Town has indicated a willingness to go with a
fifty -five foot right of way in front of the Tuddenham property.
Please advise if the contents of this letter are satisfactory
to your client, in which case I will prepare the necessary
agreement for submission to Mr. Winn.
RBT /pks
cc: Mrs. Jeannine Kirby
Mr. David Herrick
Sincerely yours,
Richard B. Thaler
•� n
i
DATE HE
DATE OF
DATE OF
DATE OF
ORDIN
%RING SET: February 6
HEARING : March 6, 1
ADOPTION: March 6, 1
PUBLICATION: March 21
ANCE NO. 38
, 1991
991
991
, 1991
POSTED:March 11, 1991
An Ordinance of the Town of Lansing, County of Tompkins, State
of New York, providing for the AMENDMENT of the LICENSING AND
REGULATING JUNK YARD ORDINANCE, adopted by this Town Board on the
21st day of November, 1967, is hereby amended to read as follows:
AMENDMENT TO LICENSING AND REGULATING JUNK YARD ORDINANCE
Section 1. Legislative Intent. A clean, wholesome, attractive
environment is declared to be of importance to the health, and
safety of the inhabitants and the safeguarding of their material
rights against unwarrantable invasion and, in addition, such enviro-
ment is deemed essential to the maintenance and continued deve7_ep-
men.t of the economy of the Town of Lansing and the general welfare
of its citizens. It is further declared that the unrestrained
accumulation of junk motor vehicles is a hazard to such health,
safety and welfare of citizens of the Town necessitating the regulation,
restraint and elimination thereof. At the same time, it is recognized
that the maintenance of junk yards, as hereinafter defined, is a
useful and necessary business and ought to be encouraged when not in
conflict with the express purposes of this section.
Section 2. Definition5,as used in this Ordinance:
(a) The term "junk yard" shall mean any place of storage, or
deposit, whether in connection with another business or not, where
two or more unregistered, old, or secondhand motor vehicles, no longer
intended or in condition for legal use on the public highways, are
held, whether for the purpose of resale of used parts therefrom, for
the purpose of reclaiming for use some or all of the materials therein,
whether metal, glass, fabric, or otherwise, for the purpose of
disposing of the same, or for any other purpose, such. -term shall
include any area or place where there is a dumping, accumulation,
collection or storage of waste, secondhand or used materials of
whatever composition,
(b) "Motor Vehicle" shall mean all vehicles propelled or drawn
by power other than muscular power originally intended for use on
public highways.
(c) The term "person" shall mean any individual, association,
partnership or corporation.
Section 3. Requirement
for operation or
maintenance:
No
person
shall operate, establish
or maintain a junk
yard until
he (1)
has
obtained a license to operate
a junk yard
business and
(2)
has
obtained a certificate of
approval for the
location of
such
junk yard.
Section 4. Application for License and Certificate of Approval.
Application for the license and the certificate of approved location
shall be made in writing to the Town Board of the Town of Lansing and,
the application shah- ontain a description of the land to be included
within the junk yard.
Section 5. Exceptions: This Ordinance shall not apply to a regular
-1-
garage business selling gasoline and oil and having a regular towing
service, or to a duly licensed dealer in new or used motor vehicles
or farm equipment.
Section 6. Hearing: A hearing on the application shall be held in
the Town of Lansing, at the Town Hall thereof not less than two nor
more than four weeks from the date of the receipt of the application,
Notice of the hearing shall be given to the applicant by mail, postage
prepaid, to the address given in the application and shall be :Oublished
once in the newspaper having a circulation within the town not less
than seven days before the date of the hearing.
Section 7. License Requirements: At the time and place set for
the hearing, the Town Board, shall hear the applicant and all other
persons wishing to be heard on the application for a license to operate,
establish, or maintain the junk yard. In considering such application,
it shall take into account the suitability of the applicant with
reference to his ability to comply with the fencing requirements or
other reasonable regulations concerning the proposed junk yard, to
any record of convictions for any type of larceny or receiving of
stolen goods, and to any other matter within the purposes of this
section.
Section 8. Location Requirements: At the time and place set for the
hearing, the governing board of the town shall bear the applicant and
all other persons wishing to be heard on the application for
.certificate of approval for the location of the junk yard. In passing
upon same, the Town Board shall take into account, after proof of
legal ownership or right to such use of the property for the license
by the applicant, the nature and development of surrounding property,
such as the proximity of churches, schools, hospitals, public
buildings or other places of public gathering; and whether or not the
proposed location can be reasonably protected from affecting the
public health and safety by reason of offensive or unhealthy odors or
smoke or other causes.
Section 9. Aesthetic considerations: At the hearing regarding
location of the junk yard, the Town Board may also take into account
the clean, wholesome and attractive environment. which has been declared
to be of vital importance to the continued general welfare of its
citizens by considering whether or not the proposed location can be
reasonably protected from having an unfavorable affect thereon. In
this consideration, the Town Board may consider collectively the type
of road servicing the junk yard or from which the junk yard may be
seen, the natural or artificial barriers protecting the junk yard
from view, the proximity of the proposed junk yard to established
residential and recreational areas or main access routes thereto, as
well as the reasonable availability of other suitable sites for the
junk yard.
Section 10. Grant or denial of application; appeal: After the hearing
the Town Board shall, within two weeks, make a finding as to whether
or not the application shall be granted, giving notice of their findings
_ to the applicant by mail at the address given on the application.
If approved, the license, including the. certificate of approved action,
shall be forthwith issued to remain in effect until the following
January lst. Approval shall be personal to the applicant and not
assignable. Licenses shall be renewed thereafter upon payment of the
annual license fee without hearing, provided all provisions of this
.2-
Y�
iJt
d
3
chapter are complied with during the license period,
and'
the junk
as are clearly attributable
yard does
not become a public nuisance
under the common
law
and
the
applicant
is not convicted of any type
of larceny or
the
receiving
of stolen
goods. The determination of
the Town Board
may
be revised
under article seventy - eight of the Civil
Practice Law
and
Rulers.
Section 11. License Fee: The annual license fee shall be twelve
dollars ($12.00) to be paid at the time the application is made and
annually thereafter in the event of renewal. In the event the
application is not granted, the fee shall be returned to the applicant.
The Town Board, in addition to the license fee, may assess the applicant
with the costs of advertising such application and such other reason-
able costs
incident to the hearing
as are clearly attributable
thereto
and may
make
the
license conditional
upon payment of same.
Section 12. Fencing: Before use, a new junk yard shall be completely
surrounded with a fence at least eight feet in height which substan-
tially screens and with a suitable gate which shall be closed and
locked except during the working hours of such junk yard or when the
applicant or its agent shall be within. Such fence shall be Erected
not nearer than twenty -five feet from a public highway or right -of -way.
All motor vehicles and parts thereof, and other secondhand or used
materials of whatever composition stored or deposited by the applicant
shall be kept.within the enclosure of the junk yard except as removal
shall be necessary for the transportation of same in the reasonable
course of the business. All wrecking or other work on such motor
vehicles and parts, secondhand or used materials of whatever composition,
and all burning shall be done within the enclosure of the junk yard.
(a) Where the topography, natural growth of timber or other
considerations accomplish the purpose of the fencing requirements
hereunder, the fencing requirements may be reduced by the Town Board,
upon granting of the license, provided, however, that such natural
barrier conforms with the purposes of this ordinance.
Section 13. Established junk yards: For the purpose of this ordinance,
the location of junk yards, already established, shall be considered
approved by the Town Board of the Town of Lansing where located and
the owner thereof deemed suitable for the issuance of a license.
Within sixty days from the passage of this ordinance, however, the owner
shall furnish the Town Board the information as to the location which
is required in an application, together with the license fee, and the
Town Board shall issue him a license valid until January 1, 1968, at
which time, such owner may apply for renewal as herein provided. Such
owner shall comply with all other provisions of this section including
the fencing requirements set forth in subdivision twelve of this
ordinance by January 1, 19690
Section 14,
Management:
(a) The licensee must personally manage or. be responsible
for the management of the activity or business for which the license
is granted.
(b) Burning of auto parts and other materials collected,
accumulated, store in, dealt in, by the licensee is hereby permitted
under the rules and regulations of the Tompkins County Health Department
or any other State n_local agency having jurisdiction thereof.
(c) Commencing April 1,..1991, every operator of a junk
yard shall keep a copy of Log, the form of which must be approved by
the Town Code Enforcement Officer ( "Log ") which contains the following
entries for each vehicle brought into the yard subsequent to the above
date:
-3-
s _ ,
1. Make - Model - Color - Year
2. Vehicle Identification Number
3. Arrival Date and Disposal Date
4. Certification that the vehicle arrived either with or
without an engine and with or without a fuel tank, with or without
a battery or that both the fuel tank and battery were drained and
the contents disposed of in a manner which is in conformence with
the State of New York Environmental Conservation Law.
5. All entries in the Log shall be made in INK, and it shall
be available for review by the Code Enforcement Officer upon request.
6. A sworn statement, duly notarized, by the Person operating
the junk yard shall be forwarded to the Code Enforcement Officer of
the Town of Lansing showing compliance with this paragraph (c) and
itemizing all entries from the Log for the previous year, said
statement to be received prior to the annual renewal of the said
license.
Section 15.
Violation of Ordinance and Infraction; Penalties Therefor:
(a) The owner or licensee of any such place of business
who commits or permits any acts in violation of any of the provisions
of this ordinance shall be deemed to have committed an infraction
against such ordinance, and also shall be liable for any such violation
or the penalty thereof. Each week such violation shall continue or be
permitted to exist shall constitute a seperate violation.
(b) For every violation of any provisions of this ordinance
the person violating the same shall be subject to a fine of not: more
than $50.00 or imprisonment not exceeding 30 days, or by'both such
fine and imprisionment.
(c) Conviction for any =above mentioned violation shall
constitute and effect an immediate forfeiture of the license.
(d) In addition to the above provided penalties and
punishment the Town Board may also maintain an action or proceE: ding
in the name of the town in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation of
such ordinance.
Section 16. Savings Clause: If any clause, sentance or part of this
ordinance shall be adjudged by any court of competent jurisdiction
to be invalid, such judgement shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof indirectly
involved in the controversy in which such judgment shall have been
rendered.
Section 17. Effective
days after publication
Section 130,
Date:
This
ordinance shall
take effect ten
and
posting
as provided
by
the Town Law
BY ORDER OF THE TOWN BOARD OF THE TOWN OF LANSING
.4-
Al
March 06, 1991, continued
RESOLUTION offered by Mr. Emmick who moved its adoption, seconded
by Mr. Cleveland.
RESOLVED that the minutes are hereby accepted as presented.
Carried
Carried
Carried
Carried
On motion meeting adjourned at the call of the Supervisor at
10:50 P.M.
Minutes taken and prepared by the Deputy Town Clerk.
A07.
1
March 06, 1991, continued
RESOLUTION offered by Mr. Emmick who moved its adoption, seconded
by Mr. Cleveland.
RESOLVED that the minutes are hereby accepted as presented.
Carried
Carried
Carried
Carried
On motion meeting adjourned at the call of the Supervisor at
10:50 P.M.
Minutes taken and prepared by the Deputy Town Clerk.
A07.