HomeMy WebLinkAboutLL 2 of 2020 CodificationTOWN OF LANSING, TOMPKINS COUNTY, NEW YORK
LOCAL LAW NUMBER 2 OF 2020
A LOCAL LAW CODIFYING THE LOCAL LAWS, ORDINANCE, AND
CERTAIN RESOLUTIONS AND POLICIES OF THE TOWN OF LANSING
BE IT ENACTED by the Town Board of the Town of Lansing as follows:
§ 1-1. Legislative intent.
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, and
ordinances of the Town of Lansing, as codified by General Code, and consisting of Chapters 1 through
270 shall be known collectively as the “Code of the Town of Lansing,” hereafter termed the “Code.”
Wherever reference is made in any of the local laws and ordinances contained in the “Code of the Town
of Lansing” to any other local law or ordinance appearing in said Code, such reference shall be changed
to the appropriate chapter title, chapter number, article number or section number appearing in the
Code as if such local law or ordinance had been formally amended to so read.
§ 1-2. Continuation of existing provisions.
The provisions of the Code, insofar as they are substantively the same as those of local laws and
ordinances in force immediately prior to the enactment of the Code by this local law, are intended as a
continuation of such local laws and ordinances and not as new enactments, and the effectiveness of
such provisions shall date from the date of adoption of the prior local law or ordinance. All such
provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption
by the Town Board of the Town of Lansing, and it is the intention of said Town Board that each such
provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such
provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed
or abrogated by the provisions of § 1-3 below.
§ 1-3. Repeal of enactments not included in Code.
All local laws and ordinances of a general and permanent nature of the Town of Lansing in force on
the date of the adoption of this local law and not contained in such Code or recognized and continued
in force by reference therein are hereby repealed from and after the effective date of this local law.
§ 1-4. Enactments saved from repeal; matters not affected.
The repeal of local laws and ordinances provided for in § 1-3 of this local law shall not affect the
following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved
from repeal:
A. Any right or liability established, accrued or incurred under any legislative provision of the
Town of Lansing prior to the effective date of this local law or any action or proceeding brought for
the enforcement of such right or liability.
B. Any offense or act committed or done before the effective date of this local law in violation of
any legislative provision of the Town of Lansing or any penalty, punishment or forfeiture which
may result therefrom.
C. Any prosecution, indictment, action, suit or other proceeding pending or any judgment
rendered prior to the effective date of this local law brought pursuant to any legislative provision
of the Town of Lansing.
D. Any agreement entered into or any franchise, license, right, easement or privilege heretofore
granted or conferred by the Town of Lansing.
E. Any local law or ordinance of the Town of Lansing providing for the laying out, opening,
altering, widening, relocating, straightening, establishing grade, changing name, improvement,
acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public
place within the Town of Lansing or any portion thereof.
F. Any local law or ordinance of the Town of Lansing appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the issuance and delivery of any
bond of the Town of Lansing or other instruments or evidence of the Town’s indebtedness.
G. Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or an y
lawful contract, agreement or obligation.
H. The levy or imposition of special assessments or charges.
I. The annexation or dedication of property.
J. Any local law or ordinance relating to salaries and compensation.
K. Any local law or ordinance amending the Zoning Map.
L. Any local law or ordinance relating to or establishing a pension plan or pension fund for Town
employees.
M. Any local law or ordinance or portion of a local law or ordinance establishing a specific fee
amount for any license, permit or service obtained from the Town.
N. Any local law or ordinance adopted subsequent to April 17, 2019.
O. Local Law No. 1-2004, Land Use Fees, adopted March 17, 2004.
§ 1-5. Severability.
If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law
or ordinance included in this Code now or through supplementation shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy in which such judgment shall have
been rendered.
§ 1-6. Copy of Code on file.
A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of
Lansing and shall remain there for use and examination by the public until final action is taken on this
local law; and, if this local law shall be adopted, such copy shall be certified by the Town Clerk of the
Town of Lansing by impressing thereon the Seal of the Town of Lansing, and such certified copy shall
remain on file in the office of said Town Clerk to be made available to persons desiring to examine the
same during all times while said Code is in effect. The enactment and publication of this local law,
coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held
and considered to be due and legal publication of all provisions of the Code for all purposes.
§ 1-7. Amendments to Code.
Any and all additions, deletions, amendments or supplements to any of the local laws and ordinances
known collectively as the “Code of the Town of Lansing” or any new local laws or ordinances, when
enacted or adopted in such form as to indicate the intention of the Town to be a part thereof, shall be
deemed to be incorporated into such Code so that reference to the Code shall be understo od and
intended to include such additions, deletions, amendments or supplements. Whenever such additions,
deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter
be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as
amendments and supplements thereto. Nothing contained in this local law shall affect the status of any
local law or ordinance contained herein, and such local laws or ordinances may be amended, deleted
or changed from time to time as the Town Board deems desirable.
§ 1-8. Code book to be kept up-to-date.
It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the
Code of the Town of Lansing required to be filed in the office of the Town Clerk for use by the public.
All changes in said Code and all local laws and ordinances adopted by the Town Board subsequent to
the enactment of this local law in such form as to indicate the intention of said Town Board to be a part
of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of
copies of such changes, local laws or ordinances until such changes, local laws or ordinances are printed
as supplements to said Code book, at which time such supplements shall be inserted therein.
§ 1-9. Sale of Code book; supplementation.
Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk, or an
authorized agent of the Clerk, upon the payment of a fee to be set by reso lution of the Town Board.
The Clerk may also arrange for procedures for the periodic supplementation of the Code.
§ 1-10. Penalties for tampering with Code.
Any person who alters or tampers with the Code of the Town of Lansing in any manner whatsoever
which will cause the legislation of the Town of Lansing to be misrepresented thereby, or who violates
any other provision of this local law, shall be guilty of an offense and shall, upon conviction thereof, be
subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both.
§ 1-11. Changes in previously adopted legislation; new provisions.
A. In compiling and preparing the local laws and ordinances for publication as the Code of the
Town of Lansing, no changes in the meaning or intent of such local laws and ordinances have been
made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and
other minor non-substantive changes were made in one or more of said pieces of legislation. It is
the intention of the Town Board that all such changes be adopted as part of the Code as if the local
laws and ordinances had been previously formally amended to read as such.
B. In addition, the amendments and/or additions as set forth in Schedule A attac hed hereto and
made a part hereof are made herewith, to become effective upon the effective date of this local law.
(Chapter and section number references are to the local laws and ordinances as they have been
renumbered and appear in the Code.)
C. Nomenclature changes. In Chapter 103, Bingo and Games of Chance, references to the “Racing
and Wagering Board” are hereby revised to “Gaming Commission.”
§ 1-12. Incorporation of provisions into Code.
The provisions of this local law are hereby made Art icle I of Chapter 1 of the Code of the Town of
Lansing, such local law to be entitled “General Provisions, Article I, Adoption of Code,” and the
sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive.
§ 1-13. When effective.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New
York.
Town of Lansing NY
Code Adoption Local Law
Schedule A
Specific Revisions at Time of Adoption of Code
Chapter 25, Information Security Breaches
A. Section 25-5 is amended to change “Office of Cyber Security and Critical Infrastructure
Coordination” to read as “Office of Information Technology Services.”
B. Section 25-6C is amended to change:
(1) “Office of Cyber Security and Critical Infrastructure Coordination” to read as “Office of
Information Technology Services.”
(2) “Consumer Protection Board” to read as “Department of State.”
C. Section 25-8 is amended to read as follows:
A. All provisions of New York law generally applicable to misdemeanors shall apply to any
criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby
vested and imbued with jurisdiction to issue administrative and other warrants in compliance
with the New York Criminal Procedure Law and administrative codes of the State of New York,
as well as to hear and adjudicate allegations relating to the criminal or civil violation of this
chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.
B. First violation. Any person or entity that violates any of the provisions of this chapter shall be
guilty of a criminal violation and subject to a fine of not more than $750, or subject to a civil
penalty of not more than $1,500 to be recovered by the Town in a civil action.
C. Second violation. Any violation that is found to have occurred within two years of any prior
civil or criminal determination of any other violation of this chapter shall be deemed a second
violation. Any person or entity that commits any second violation shall be guilty of an
unclassified misdemeanor and subject to a fine not less than $750 nor more than $2,500 and a
period of incarceration not to exceed 120 days, or subject to a civil penalty of not less than $1,500
nor more than $7,500 to be recovered by the Town in a civil action.
D. Each week that any noncompliance or violation continues is and may be charged as a separate
violation.
E. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules;
and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
Chapter 60, Smoking
A. Section 60-2A is amended as indicated:
Smoking (principally, but not exclusively, meaning the use, ignition, and/or consumption of
tobacco and other combustible products intended to be inhaled through cigarettes, cigars, pipes
and similar devices, and including "vaping" as defined under Public Health Law § 1399-n and
prohibited under § 1399-r) is prohibited in any Town building, facility, or vehicle, and in each
and all of the following areas:
B. Section 60-4 is amended to read as follows:
A. All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby
vested and imbued with jurisdiction to issue administrative and other warrants in compliance
with the New York Criminal Procedure Law and administrative codes of the State of New York,
as well as to hear and adjudicate allegations relating to the criminal or civil violation of this
chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.
B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a
criminal violation and subject to a fine of not more than $250 or subject to a civil penalty of not
more than $500 be recovered by the Town in a civil action. Each week that any noncompliance
or violation continues is and may be charged as a separate violation.
C. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice
Law and Rules; and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
Chapter 103, Bingo and Games of Chance
A. Section 103-6C is amended as indicated:
Where no such fee schedule is established by state law or prescribed by law or by the New York
State Gaming Commission, the application and/or permit fee shall be $50 as set by resolution
of the Town Board from time to time for the initial application and permit, and for any
renewal(s) thereof.
B. Section 103-7C is amended as indicated:
Where the cumulative net proceeds or net profits derived from the conduct of a raffle or raffles
are less than $30,000 during any one occasion, the reporting requirement shall be satisfied by
the filing with the Town Clerk within 30 days of the conclusion of such occasion a verified
statement in a form as prescribed by law or by the New York State Gaming Commission
attesting to the amount of such net proceeds or net profits, and the distribution thereof for lawful
purposes. When required by law, such form shall also be filed with the New York State Gaming
Commission. However, where the cumulative net proceeds derived from the conduct of a raffle
or raffles are less than $5,000 during any one occasion and less than $30,000 during one calendar
year, no reporting shall be required.
C. Section 103-8 is amended to read as follows:
A. All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby
vested and imbued with jurisdiction to issue administrative and other warrants in compliance
with the New York Criminal Procedure Law and administrative codes of the State of New York,
as well as to hear and adjudicate allegations relating to the criminal or civil violation of this
chapter and, thereafter, if appropriate, impose any fine, penalty, or sanction.
B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a
criminal violation and subject to a fine of not more than $1,000 or by imprisonment for not more
than one year, or both. Each day that any noncompliance or violation continues is and may be
charged as a separate violation.
C. In addition to any other remedy, a violation of, or noncompliance with, this chapter may
result in the termination, modification, or revocation of any permits or approvals as issued.
D. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules;
and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
Chapter 108, Building Codes
Article I, Administration and Enforcement
Section 108-15 is amended to read as follows:
A. Compliance order. The Code Enforcement Officer is authorized to order, in writing, the
remedying of any condition or activity found to exist in, on or about any building, structure, or
premises in violation of the Uniform Code, the Energy Code, or this article. Upon finding that
any such condition or activity exists, the Code Enforcement Officer shall issue a compliance
order.
(1) The compliance order shall:
(a) Be in writing;
(b) Be dated and signed by the Code Enforcement Officer;
(c) Specify the condition or activity that violates the Uniform Code, the Energy Code, or
this article;
(d) Specify the provision or provisions of the Uniform Code, the Energy Code, or this
article which is/are violated by the specified condition or activity;
(e) Specify the period of time which the Code Enforcement Officer deems to be reasonably
necessary for achieving compliance;
(f) Direct that compliance be achieved within the specified period of time; and
(g) State that an action or proceeding to compel compliance may be instituted if
compliance is not achieved within the specified period of time.
(2) The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be
served on the owner of the affected property personally or by registered mail. The Code
Enforcement Officer shall be permitted, but not required, to cause the compliance order, or
a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person taking part or assisting in
work being performed at the affected property personally or by registered mail; provided,
however, that failure to serve any person mentioned in this sentence shall not affect the
efficacy of the compliance order.
B. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets
for any violation of the Uniform Code, the Energy Code, or this article. All provisions of New
York State law generally applicable to misdemeanors shall apply to any criminal proceeding
brought under this chapter, and any misdemeanor shall be deemed an unclassified
misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and
imbued with jurisdiction to issue administrative and other warrants in compliance with the New
York Criminal Procedure Law and administrative codes of the State of New York, as well as to
hear and adjudicate allegations relating to the criminal or civil violation of this chapter and
thereafter, if appropriate, impose any fine, penalty, or sanction.
C. In addition to those penalties prescribed by state law, any person who violates any provision
of the Uniform Code, the Energy Code or this article, or any term or condition of any building
permit, certificate of occupancy and/or certificate of compliance, temporary certificate, stop-
work order, operating permit or other notice or order issued by the Code Enforcement Officer
pursuant to any provision of this article, shall be guilty of a violation or misdemeanor, as the
case may be, as set forth below, and subject to the following fines, penalties, and remedies.
(1) First violation. Any person or entity that violates any of the provisions of this chapter
shall be guilty of a criminal violation and subject to a fine of not more than $500, or subject
to a civil penalty of not more than $1,000 to be recovered by the Town in a civil action.
(2) Second violation. Any violation that is found to have occurred within two years of any
prior civil or criminal determination of any other violation of this chapter shall be deemed a
second violation. Any person or entity that commits any second violation shall be (1) guilty
of an unclassified misdemeanor and subject to a fine not less than $500 nor more than $2,500
and a period of incarceration not to exceed 120 days, or (2) subject to a civil penalty of not
less than $1,000 nor more than $5,000 to be recovered by the Town in a civil action. (3) Each
week that any noncompliance or violation continues is and may be charged as a separate
violation and, in addition to any other remedy, a violation of, or noncompliance with, this
chapter may result in the termination, modification, or revocation of any permits or
approvals as issued.
D. Whenever the Town shall believe from evidence satisfactory to it that there is a violation of
this chapter, the Town may bring an action to enjoin or restrain the continuation of such
violation, to prevent, restrain, enjoin, correct, enforce, or abate any violation (including any
threatened violation) of, or nonconformance with, any provision or requirement of the Uniform
Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate
of occupancy or certificate of compliance, temporary certificate, stop-work order, operating
permit, compliance order, or other notice or order issued by the Code Enforcement Officer
pursuant to any provision of this chapter. The court may also declare the rights and interests of
any parties, impose or collect any civil penalties, or award any damages or other relief requested.
In any action seeking equitable relief or injunctions, including under Article 63 of the New York
Civil Practice Law and Rules, the Town shall not be required to post any bond or undertaking,
prove that there is or will likely be irreparable harm, or prove that the Town has no adequate
remedy at law. Such action, and any other action or proceeding, may be instituted in the name
of the Town in any court of competent jurisdiction, but no such action or proceeding shall be
commenced without appropriate authorization from the Town Board.
E. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief. The remedies provided by this chapter shall not be in lieu of, and shall be
in addition to, any other right or remedy available to the Town, whether sounding in
enforcement or otherwise. The assertion or assessment of any such remedy or penalty specified
in this chapter shall be in addition to, and not in substitution for or limitation of, the other
remedies or penalties, nor shall the same limit any right of the Town or its agents and officers to
issue or enforce stop-work orders, or other orders or notices relating to this chapter or any
procedures or penalties specified in §§ 381 and 382 of the New York State Executive Law.
Article II, Swimming Pools
Section 108-23A is amended to read as follows:
(1) All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby
vested and imbued with jurisdiction to issue administrative and other warrants in compliance
with the New York Criminal Procedure Law and administrative codes of the State of New York,
as well as to hear and adjudicate allegations relating to the criminal or civil violation of this
chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.
(2) Any person or entity that violates any of the provisions of this chapter shall be (1) guilty of a
criminal violation and subject to a fine of not more than $250, or (2) subject to a civil penalty of
not more than $500 be recovered by the Town in a civil action. Each week that any
noncompliance or violation continues is and may be charged as a separate violation.
(3) The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief. Whenever the Town shall believe from evidence satisfactory to it that there
is a violation of this chapter, the Town may bring an action to enjoin and restrain the
continuation of such violation and in any such action (1) preliminary relief may be granted
under Article 63 of the Civil Practice Law and Rules, and (2) the Town shall not be required to
post any bond or undertaking, and (3) the Town need not prove that (i) there is or will likely be
irreparable harm, or (ii) that the Town has no adequate remedy at law. In such action the court
may also award any damages or other relief requested, including declaring the rights and
interests of any parties and imposing any civil penalties. The remedies provided by this article
shall not be in lieu of, and shall be in addition to, any other right or remedy available to the
Town, whether sounding in enforcement or otherwise.
Chapter 112, Buildings, Unsafe
A. Section 112-2 is added to read as follows:
The provisions of this chapter shall be in addition to, and in furtherance of, the New York State Uniform
Fire Prevention and Building Code.
B. Section 112-13 is amended to change “50%” to read as “20%”.
C. Section 112-15 is amended to change “50%” to read as “20%”.
D. Section 112-18, the second sentence, is amended as indicated:
A processing fee of $20 as set by resolution of the Town Board from time to time must
accompany each DPA. All information requested in such form must be provided before the DPA
is deemed completed.
E. Section 112-23 is amended to read as follows:
A. All provisions of New York State law generally applicable to misdemea nors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby
vested and imbued with jurisdiction to issue administrative and other warrants in compliance
with the New York Criminal Procedure Law and administrative codes of the State of New York,
as well as to hear and adjudicate allegations relating to the criminal or civil violation of this
chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.
B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a
criminal violation and subject to a fine of not more than $500, or subject to a civil penalty of not
more than $1,000 be recovered by the Town in a civil action. Each week that any noncompliance
or violation continues is and may be charged as a separate
violation.
C. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules;
and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
Chapter 119, Communication Towers
A. Section 119-8, the first sentence, is amended as indicated:
Each application shall include application fees, engineering review fees and legal fees, in the
amount of $1,000 as set by resolution of the Town Board from time to time or as outlined in (or
updated by) the Town’s fee schedules.
B. Section 119-14, second sentence, is amended as indicated:
Capitalized words Words shall have their defined meanings and all words, capitalized or
otherwise, shall have standard meanings as applied within the context of the clause in which
such terms appear.
Chapter 125, Dogs
A. Section 125-13D(4) is added to read as follows:
Fines and penalties as set forth in this Code of the Town of Lansing are in addition to, and not in lieu of
or in substitution for, Agriculture and Markets Law § 118, which remains separately enforceable as a
state law.
B. Section 125-14C, the lead-in paragraph, is amended as indicated:
Initial impoundment fees. Impoundment fees as set forth in this subsection may be amended by
the fee schedule and are first set as follows:
C. Section 125-16, third sentence, is amended as indicated:
Capitalized words Words shall have their defined meanings and all words, capitalized or
otherwise, shall have standard meanings as applied within the context of the clause in which
such terms appear.
Chapter 137, Fire Prevention
Article I, Rapid Access Lock Boxes
Section 137-10 is amended to read as follows:
A. Any person who tampers with, defaces, damages, or improperly gains access to any lock box
or key switch, or attempts any of the foregoing, shall be and be deemed in violation of this
chapter, and any failure to comply with this chapter shall be in violation of this chapter.
B. All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants in compliance with the
New York Criminal Procedure Law and administrative codes of the State of New York, as well
as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and
thereafter, if appropriate, impose any fine, penalty, or sanction.
C. Any person or entity that violates any of the provisions of this chapter shall be guilty of a
criminal violation and subject to a fine of not more than $1,000, or subject to a civil penalty of
not more than $2,000 to be recovered by the Town in a civil action. Each week that any
noncompliance or violation continues is and may be charged as a separate violation.
D. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice
Law and Rules; and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
Chapter 142, Flood Damage Prevention
A. Section 142-4C is amended as indicated:
All applications for a floodplain development permit shall be accompanied by an application
fee of $200 as set by resolution of the Town Board from time to time. Such fee may hereafter be
amended by resolution of the Town board. In addition, the applicant shall be responsible for
reimbursing the Town for any additional costs necessary for review, inspection and approval of
this project. The local administrator may require a developer’s agreement or deposit of no more
than $500 as set by resolution of the Town Board from time to time to cover these additional
costs.
B. Section 142-7 is amended to read as follows:
A. Any failure to comply with the terms and requirements of this chapter, the requirements and
conditions of any permit, approval, or variance conditions issued under this chapter, or to
comply with, or come into compliance with this chapter according to the requirements of any
compliance order or notice shall be in violation of this chapter. The local administrator and the
Code Enforcement Officer are authorized to investigate any noncompliance (or complaints of
such violation or noncompliance) with the requirements of this chapter, to issue appearance
tickets for any violation of this chapter or any permit, approval, or variance requirements or
conditions, to recommend the commencement of civil enforcement or related proceedings to the
Town Board, and to order, in writing, the remedying of any condition or activity found to exist
in, on, or about any lands, building, structure, or premises in violation of this chapter, including
by seeking enforcement per the procedures and requirements of Executive Law § 382.
B. All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants in compliance with the
New York Criminal Procedure Law and administrative codes of the State of New York, as well
as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and
thereafter, if appropriate, impose any fine, penalty, or sanction.
C. First violation. Any person or entity that violates any of the provisions of this chapter shall
be guilty of a criminal violation and subject to a fine of not more than $500, or subject to a civil
penalty of not more than $1,000 to be recovered by the Town in a civil action.
D. Second violation. Any violation that is found to have occurred within two years of any prior
civil or criminal determination of any other violation of this chapter shall be deemed a second
violation. Any person or entity that commits any second violation shall be:
(1) Guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more
than $2,500 and a period of incarceration not to exceed 120 days; or
(2) Subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by
the Town in a civil action.
E. Each week that any noncompliance or violation continues is and may be charged as a separate
violation.
F. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules;
and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
Chapter 158, Junkyards and Outdoor Storage
A. Sections 158-18 and 158-19 are amended to add the title number of “6” to the references of
NYCRR.
B. Section 158-29 is amended in part to change “within 45 days” to read as “within 62 days”.
C. Section 158-32 is amended as indicated:
Within 45 62 days of the close of the public hearing the Town Board shall render a decision to
approve, approve subject to conditions, or disapprove the application for a junkyard permit.
The forty-fivesixty-two-day period may be extended by mutual consent of the applicant and the
Town. All findings of the Town Board shall be entered into the official minutes of the Town and
promptly filed in the Office of the Town Clerk. The applicant shall be notified of the decision
and the reasons for such decision by certified mail within five days of the decision of the Town
Board. After an approval, and upon compliance with any conditions stated in such approval
and the payment of any fees and reimbursable costs due the Town, the Town Board shall
endorse its approval upon a copy of the final site plan and application.
D. Section 158-37 is amended to read as follows:
A. All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants in compliance with the
New York Criminal Procedure Law and administrative codes of the State of New York, as well
as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and
thereafter, if appropriate, impose any fine, penalty, or sanction.
B. First violation. Any person or entity that violates any of the provisions of this chapter shall be
guilty of a criminal violation and subject to a fine of not more than $500, or subject to a civil
penalty of not more than $1,000 to be recovered by the Town in a civil action.
C. Second violation. Any violation that is found to have occurred within two years of any prior
civil or criminal determination of any other violation of this chapter shall be deemed a second
violation. Any person or entity that commits any second violation shall be:
(1) Guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more
than $2,500 and a period of incarceration not to exceed 120 days; or
(2) Subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by
the Town in a civil action.
D. Each week that any noncompliance or violation continues is and may be charged as a separate
violation.
E. In addition to any other remedy, a violation of, or noncompliance with, t his chapter may
result in the termination, modification, or revocation of any permits or approvals as issued.
F. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice
Law and Rules; and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
E. Section 158-39, second sentence, is amended as indicated:
Capitalized words Words shall have their defined meanings and all words, capitalized or
otherwise, shall have standard meanings as applied within the context of the clause in which
such terms appear.
Chapter 170, Mobile Home Parks
A. Section 170-3 is amended to add the following definition:
MANUFACTURED HOME -- Any definition of "manufactured home" provided by New York State law
is hereby incorporated by reference.
B. Section 170-7 is amended to read as follows:
A. All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants in compliance with the
New York Criminal Procedure Law and administrative codes of the State of New York, as well
as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and
thereafter, if appropriate, impose any fine, penalty, or sanction.
B. First violation. Any person or entity that violates any of the provisions of this chapter shall be
guilty of a criminal violation and subject to a fine of not more than $500, or subject to a civil
penalty of not more than $1,000 to be recovered by the Town in a civil action.
C. Second violation. Any violation that is found to have occurred within two years of any prior
civil or criminal determination of any other violation of this chapter shall be deemed a second
violation. Any person or entity that commits any second violation shall be:
(1) Guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more
than $2,500 and a period of incarceration not to exceed 120 days; or
(2) Subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by
the Town in a civil action.
D. Each week that any noncompliance or violation continues is and may be charged as a separate
violation.
E. In addition to any other remedy, a violation of, or noncompliance with, this chapter may
result in the termination, modification, or revocation of any permits or approvals as issued.
F. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules;
and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
Chapter 174, Motorcades, Parades and Assemblies
A. Section 174-7, first sentence, is amended as indicated:
No materials of any kind shall be burned before, at, or after any motorcade, parade or public
assembly without a permit from the Chief of the Town Fire Department, except in compliance
with the New York State Solid Waste Disposal Laws solid waste disposal laws (see 6 NYCRR
Part 215, Open Fires, and related provisions of law and regulations, as now exist or as hereafter
amended).
B. Section 174-8, first sentence, is amended as indicated:
No materials of any kind shall be buried or partially buried before, at, or after any motorcade,
parade or public assembly except in compliance with the New York State Solid Waste Disposal
Laws solid waste disposal laws (see 6 NYCRR Part 360, Solid Waste Management Facilities, and
related provisions of law and regulations, as now exist or as hereafter amended).
C. Section 174-22 is amended to read as follows:
A. The Town may enter a civil judgment against any permittee, applicant or unpermitted
sponsor in the amount of any verified statement. Such civil action may be commenced in the
Town's justice court, or any other court of competent jurisdiction, and enforced in accord with
law.
B. All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants in compliance with the
New York Criminal Procedure Law and administrative codes of the State of New York, as well
as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and
thereafter, if appropriate, impose any fine, penalty, or sanction.
C. Any person or entity that violates any of the provisions of this chapter shall be guilty of a
criminal violation and subject to a fine of not more than $1,000, or subject to a civil penalty of
not more than $2,500 to be recovered by the Town in a civil action. Each week that any
noncompliance or violation continues is and may be charged as a separate violation.
D. In addition to any other remedy, a violation of, or noncompliance with, this chapter may
result in the termination, modification, or revocation of any permits or approvals as issued.
E. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules;
and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
Chapter 190, Parks and Recreation Areas
Part 2, Watercraft
A. Section 190-24 is amended to read as follows:
The operator of a craft must have a New York State permit or be otherwise operating the watercraft in
accord with the law.
B. Section 190-26, regarding penalties for offenses, is repealed.
Part 3, Rules and Regulations
Section 190-55, regarding penalties for offenses, is moved from § 190-19 and amended as follows:
A. All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter, the Town’s justice court is hereby
vested and imbued with jurisdiction to issue administrative and other warrants in compliance
with the New York Criminal Procedure Law and administrative codes of the State of New York,
as well as to hear and adjudicate allegations relating to the criminal or civil violation of this
chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.
B. First violation. Any person or entity that violates any of the provisions of this chapter shall be
guilty of a criminal violation and subject to a fine of not more than $500, or subject to a civil
penalty of not more than $1,000 to be recovered by the Town in a civil action.
C. Second violation. Any violation that is found to have occurred within two years of any prior
civil or criminal determination of any other violat ion of this chapter shall be deemed a second
violation. Any person or entity that commits any second violation shall be:
(1) Guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more
than $2,500 and a period of incarceration not to exceed 120 days; or
(2) Subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by
the Town in a civil action.
D. Each week that any noncompliance or violation continues is and may be charged as a separate
violation.
E. In addition to any other remedy, a violation of, or noncompliance with, this chapter may
result in the termination, modification, or revocation of any permits or approvals as issued. In
addition, any person who has been held in violation of this chapter may also be required to
restore the park, the property or land within or adjacent to the park (including water and lands
under water), park facilities, park roads, and any other improvements to the park, to its
undisturbed pre-violation condition. The Town may provide notice to such violator to remedy
or pay for such restoration, and if such restoration or reimbursement is not made within 20 days
of such notice, the Town may commence any one or more civil proceedings in the Town’s justice
court, or any other court of competent jurisdiction, to recover its damages and the costs of such
restoration, including all consequential and incidental losses, costs, expenses, and damages,
including reasonable attorneys’ and experts’ fees.
F. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules;
and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
Chapter 206, Sewers
A. Section 206-17 is amended to read as follows:
A. All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants in compliance with the
New York Criminal Procedure Law and administrative codes of the State of New York, as well
as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and
thereafter, if appropriate, impose any fine, penalty, or sanction.
B. First violation. Any person or entity that violates any of the provisions of this chapter shall be
guilty of a violation and subject to a criminal fine of not more than $1,000, or subject to a civil
penalty of not more than $2,500 to be recovered by the Town in a civil action.
C. Second violation. Any violation that is found to have occurred within two years of any prior
civil or criminal determination of any other violation of this chapter shall be deemed a second
violation. Any person or entity that commits any second violation shall be:
(1) Guilty of an unclassified misdemeanor and subject to a fine not less than $1,000 nor more
than $2,500 and a period of incarceration not to exceed 120 days;
(2) Subject to a civil penalty of not less than $2,500 nor more than $5,000 to be recovered by
the Town in a civil action.
D. Any unpaid fine or penalty shall become part of the Town charges and shall be collected as a
charge in accordance with the New York State Town Law and Real Property Tax Law, as
applicable.
E. In addition to any other remedy, a violation of, or noncompliance with, this chapter may
result in the termination, modification, or revocation of any permits or approvals as issued.
F. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the
continuation of such violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules;
and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
G. Compliance order. The Code Enforcement Officer is also authorized to order, in writing, the
remedying of any condition or activity found to be in violation of this chapter and its rules, and
such order shall be referred to as a compliance order.
(1) Such compliance order shall:
(a) Be in writing;
(b) Be dated and signed by the Code Enforcement Officer;
(c) Specify the condition or activity that violates this chapter or the rules;
(d) Specify the provision or provisions so violated;
(e) Specify the period of time which the Code Enforcement Officer deems to
be reasonably necessary for achieving compliance;
(f) Direct that compliance be achieved within the specified period of time; and
(g) State that an action or proceeding to compel compliance may be instituted if
compliance is not achieved within the specified period of time, or that a civil penalty may
be so imposed.
(2) The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be
served on the owner of the affected property, the permittee, any tenant or user of affected
property (if known), and any other responsible person, personally or by registered mail. The
Code Enforcement Officer shall be permitted, but not required, to cause the compliance
order, or a copy thereof, to be served on any builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any other person taking part
or assisting in work being performed at the affected property personally or by registered
mail. Any failure to serve any interested person shall not affect the efficacy of the compliance
order.
H. In connection with any violation or compliance orders concerning industrial waste
discharges that fail or consistently fail to meet and achieve county, state, or federal pollution
standards, the Town shall issue a report concerning such noncompliance or violation to
appropriate county, state and federal agencies. The Code Enforcement Officer shall assist
appropriate county, state and federal agencies, as necessary, in their review of, or action upon,
any such reports, and any fine or penalty levied against the Town or any of its wastewater,
sewer, or like districts, shall be the responsibility of the person or entity violating such standards
or the requirements of this chapter.
B. Section 206-18, third sentence, is amended as indicated:
Capitalized wordsWords shall have the meanings ascribed to them whenever the meaning or
context thereof so admits or requires.
C. Section 206-20 is amended to read as follows:
Any application, permit, review, or other fees referenced in this chapter may be determined, amended, and
periodically updated by the Town Board by resolution. In addition, fee schedules may be developed and
approved by resolution to reimburse the Town for the reasonable and anticipated costs incurred in any
review, including for public hearings, publication, mailings, title reviews, inspections, dedications,
SEQRA reviews, stormwater reviews, legal and engineering (and other professional) consulting, and
other incurred expenses of the Town. All such fees and fee schedules shall be reasonable and properly
chargeable to the applicant or other person required to pay the same, and all such fees and fee schedules
shall be periodically reviewed by the Town Board to assure reasonableness and legality.
D. Appendix A, Sewer Rules and Regulations, attached to Chapter 206 is amended at Subsection
B.4, second sentence, as indicated:
Alternately, as part of any permit requirement, the Town of Lasing may require that any such
user have a water meter installed, and upon such installation, sewer rates shall be calculated at
$8 per 1,000 gallons of water used per quarter, or such other rate as hereafter set by the Town
Board of the Town of Lasing by resolution after any required public hearing or other procedures.
Chapter 210, Signs
Section 210-15 is amended to read as follows:
A. All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants in compliance with the
New York Criminal Procedure Law and administrative codes of the State of New York, as well
as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and
thereafter, if appropriate, impose any fine, penalty, or sanction.
B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a
criminal violation and subject to a fine of not more than $250, or subject to a civil penalty of not
more than $500 be recovered by the Town in a civil action. Each week that any noncompliance
or violation continues is and may be charged as a separate violation.
C. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules;
and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
Chapter 215, Snowmobiles
Section 215-3 is amended as indicated:
Operation of snowmobiles on highways and public ways within the Town shall be subject to the
applicable provisions of Article 8 of the Conservation Law and the Rules and Regulations of the
Office of Parks and Recreation, and, whe re applicable, the further rules, conditions and
restrictions established by this chapter. Operation of snowmobiles shall be subject to the
applicable provisions of Parks, Recreation and Historic Preservation Law, Title D.
Chapter 225, Stormwater Management
Article I, Illicit Connections and Discharges to Storm Sewers
A. Section 225-1 is amended as indicated:
This article shall be known as "Local Law Number 6 of 2007." Local Law Number 6 of 2007
applies only within those portions of the Town of Lansing, Tompkins County, New York, that
are outside of the Village of Lansing. This article does not replace or supplant any requirements
of Local Law local Law Number 1 of 2005 ("Stormwater and Erosion Control"), but instead shall
should be read in harmony therewith with Article II, Stormwater Management and Erosion
Control, of this chapter.
B. Section 225-14 is amended to read as follows:
(1) Subsection D is amended to read as follows:
All provisions of New York State law generally applicable to misdemeanors s hall apply
to any criminal proceeding brought under this chapter, and any misdemeanor shall be
deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice
court is hereby vested and imbued with jurisdiction to issue administrative and other
warrants in compliance with the New York Criminal Procedure Law and administrative
codes of State of New York, as well as to hear and adjudicate allegations relating to the
criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine,
penalty, or sanction.
(1) First violation. Any person or entity that violates any of the provisions of this chapter
shall be 1) guilty of a criminal violation and subject to a fine of not more than $500, or 2)
subject to a civil penalty of not more than $1,000 to be recovered by the Town in a civil
action.
(2) Second violation. Any violation that is found to have occurred within two years of
any prior civil or criminal determination of any other violation of this chapter shall be
deemed a second violation. Any person or entity that commits any second violation shall
be 1) guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor
more than $2,500 and a period of incarceration not to exceed 120 days, or 2) subject to a
civil penalty of not less than $1,000 nor more than $5,000 to be recovered by the Town in
a civil action.
(3) Each week that any noncompliance or violation continues is and may be charged as a
separate violation.
(2) Subsection E is amended to read as follows:
Upon the occurrence of any noncompliance with, or violation of, this chapter, the SMO
may also withhold any certificate of compliance or certificate of occupancy, and prevent
the occupancy of any premises.
(3) Subsection F is amended to read as follows:
The application or pursuit of any civil or criminal fine, sanction, or penalty shall not
preclude the pursuit of any other lawful remedy by the Town, including, but not limited
to, the right to seek equitable relief. Whenever the Town shall believe from evidence
satisfactory to it that there is a violation of this chapter, the Town may bring an action to
enjoin and restrain the continuation of such violation and in any such action 1)
preliminary relief may be granted under Article 63 o f the Civil Practice Law and Rules,
and 2) the Town shall not be required to post any bond or undertaking, and 3) the Town
need not prove that there is or will likely be irreparable harm, or that the Town has no
adequate remedy at law. In such action, the court may also award any damages or other
relief requested, including declaring the rights and interests of any parties and imposing
any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall
be in addition to, any other right or remedy available to the Town, whether sounding in
enforcement or otherwise.
(4) Subsection G is added to read as follows:
In addition to any other remedy, a violation of, or non-compliance with, this chapter may
result in the termination, modification, or revocation of any permits or approvals as
issued. In addition, any person who has been held in violation of this chapter may also
be required to restore or repair any premises or remediate any discharge or
contamination in accord with the requirements of this chapter or any order of the
department or the SMO issued hereunder (a "Repair or Remediation Order"). In the event
that any remediation, repair or restoration is not undertaken and concluded within a
reasonable time, the Town may take necessary corrective action, the cost of which shall
become a lien upon the property until paid. In addition, the Town may commence any
one or more civil proceedings in any court of competent jurisdiction to recover the costs
of such remediation, repair or restoration, together with all consequential and incidental
losses, costs, expenses, and damages, including reasonable attorneys' and experts' fees.
Article II, Stormwater Management and Erosion Control
A. Section 225-32C is amended to read as follows:
(1) Notice of violation. When the SMO determines that a land development activity is not being
carried out in accordance with the requirements of this chapter, the SMO may issue a written
notice of violation. Such notice of violation shall be served upon each person or entity to who it
is addressed. Delivery of the notice of violation by certified mail shall be deemed sufficient
"service" of the notice of violation. The notice of violation shall contain:
(a) The name and address of the landowner, developer, operator, and/or applicant;
(b) The address, when available, or a description of the building, structure, or parcel upon
which the violation occurred or is occurring;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to bring the land development activity
into compliance with this chapter, and a time schedule for the completion of such remedial
action;
(e) A statement of the penalty or penalties that may be assessed against any person or entity
to whom the notice of violation is directed;
(f) A statement that the determination of violation may be appealed by filing a written notice
of appeal within 10 days of service of notice of violation.
Such notice of appeal shall be filed with the Town Clerk and shall be directed to the attention of
the Town Board.
(2) Stop-work orders, certificates and permits:
(a) The SMO may issue a stop-work order for violations of this article.
(b) Any person or entity receiving a stop-work order shall be required to halt all clearing,
grading, and construction, except for those activities that address the violations leading to
the stop-work order and except for stabilization and such work as may be necessary to
mitigate or control stormwater runoff and erosion.
(c) The stop-work order shall be and remain in effect until the SMO confirms that the land
development activity is in compliance and the violation has been satisfactorily addressed.
(d) Upon the occurrence of any noncompliance with, or violation of, this chapter the SMO
may also withhold any certificate of compliance or certificate of occupancy, and prevent the
occupancy of any premises.
(e) In addition, any violation of, or noncompliance with, this chapter may result in the
termination, modification, or revocation of any permits or approvals as issued.
(3) All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby
vested and imbued with jurisdiction to issue administrative and other warrants in compliance
with the New York Criminal Procedure Law and administrative codes of the State of New York,
as well as to hear and adjudicate allegations relating to the criminal or civil violation of this
chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.
(a) First violation. Any person or entity that violates any of the provisions of this chapter
shall be 1) guilty of a criminal violation and subject to a fine of not more than $1,000, or 2)
subject to a civil penalty of not more than $2,500 to be recovered by the Town in a civil action.
(b) Second violation. Any violation that is found t o have occurred within two years of any
prior civil or criminal determination of any other violation of this chapter shall be deemed a
second violation. Any person or entity that commits any second violation shall be 1) guilty
of an unclassified misdemeanor and subject to a fine not less than $1,000 nor more than $2,500
and a period of incarceration not to exceed 120 days, or 2) subject to a civil penalty of not less
than $2,500 nor more than $5,000 to be recovered by the Town in a civil action.
(c) Each week that any noncompliance or violation continues is and may be charged as a
separate violation.
(4) In addition, any person who has been held in violation of this chapter may also be required
to restore or repair any premises or remediate any discharge or contamination in accord with
the requirements of this chapter or any order of the department or the SMO issued hereunder
(a repair or remediation order). In the event that any remediation, repair or restoration is not
undertaken and concluded within a reasonable time, the Town may take necessary corrective
action, the cost of which shall become a lien upon the property until paid. In addition, the Town
may commence any one or more civil proceedings in any court of competent jurisdiction to
recover the costs of such remediation, repair or restoration, together with all consequential and
incidental losses, costs, expenses, and damages, including reasonable attorneys' and experts'
fees.
(5) The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief. Whenever the Town shall believe from evidence satisfactory to it that there
is a violation of this chapter, the Town may bring an action to enjoin and restrain the
continuation of such violation and in any such action 1) preliminary relief may be granted under
Article 63 of the Civil Practice Law and Rules, and 2) the Town shall not be required to post any
bond or undertaking, and 3) the Town need not prove that i) there is or will likely be irreparable
harm, or ii) that the Town has no adequate remedy at law. In such action, the court may also
award any damages or other relief requested, including declaring the rights and interests of any
parties and imposing any civil penalties. The remedies provided by this chapter shall not be in
lieu of, and shall be in addition to, any other right or remedy available to the Town, whether
sounding in enforcement or otherwise.
Chapter 230, Streets and Sidewalks
Article I, Winter Parking
Section 230-6 is amended to read as follows:
A. All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants in compliance with the
New York Criminal Procedure Law and administrative codes of the State of New York, as well
as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and
thereafter, if appropriate, impose any fine, penalty, or sanction.
B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a
criminal violation and subject to a fine of not more than $250, or subject to a civil penalty of not
more than $500 be recovered by the Town in a civil action. Each week that any noncompliance
or violation continues is and may be charged as a separate violation. Notwithstanding any
finding of guilt or that a violation occurred, the penalty or fine may be waived if the court finds
that the violation was unavoidable due to an emergency that prevented the owner and operator
of the vehicle from moving, removing, or towing such vehicle.
C. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice
Law and Rules; and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
Chapter 235, Subdivision of Land
A. Section 235-2B, second sentence, is amended as indicated:
Capitalized words Words shall have their defined meanings and all words, capitalized or
otherwise, shall have standard meanings as applied within the context of the clause in which
such terms appear.
B. Section 235-3, the lead-in sentence, is amended as indicated:
Words used in this Local Law shall, when capitalized have the following meanings.As used in
this chapter, the following terms shall have the meanings indicated:
C. Section 235-7E is amended as indicated:
The Planning Board shall promptly refer the preliminary plat and the FEAF or SEAF to the
County Planning Department in compliance with General Municipal Law §§ 239-l, 239-m and
239-n. In addition, the Planning Board shall refer the preliminary plat to the Town Board for a
review of the roads and infrastructure, particularly if dedication is to be considered, so as to
ensure compliance with Town specifications, planning, and requirements. Where applicable, the
Planning Board shall provide notice to adjacent municipalities pursuant to General Municipal
Law § 239-nn.
D. Section 235-7P, in the first sentence, is amended as indicated:
In the event an applicant or applicant's representative elects to seek review
E. Section 235-10B, in the first and second sentences, is amended as indicated:
Lot sizes shall conform, at a minimum, to the lot sizes required in the applicable zoning
classifications and location in which the subdivision is located, and shall conform to Schedule II
of the Land Use Ordinance is hereby referenced as containing the density, bulk, and dimensional
requirements for lots in the Town as set forth in . Said Schedule II is appended as Appendix B
hereto for convenience only, and as Schedule II or the Land Use Ordinance changes, the lot
requirements of Chapter 270, Zoning, of the Town of Lansing as so amended shall be controlling
as to land division and subdivisions.
F. Section 235-13 is amended to read as follows:
Each and all remedies and rights provided to the Town under this section shall be cumulative
and the Town's pursuit of any one right or remedy does not effect a waiver or an election of
remedies, and the Town may thereafter pursue or continue to pursue any other right or remedy
it may have in law, equity, or in admiralty. The rights and remedies herein stated are not the
exclusive rights and remedies of the Town. The violation of this chapter shall permit
enforcement in any one or more of the following manners:
A. When any term, provision, or requirement of this chapter is violated, the Enforcement Officer
may issue a written notice of violation to the applicant (or other person in violation hereof). The
notice of violation shall contain: the name and address of the person alleged to have violated
this chapter; the address, when available, or a description of the building, structure or parcel
upon which the violation occurred or is occurring; a brief statement specifying the nature of the
violation; a statement of the fine or penalty that may or could be assessed against any person to
whom the notice of violation is directed; and a clear statement identifying whether the notice
commences or may commence a civil or criminal proceeding. The failure to comply with a
written notice of violation by correcting the violation is in itself a separate violation of this
chapter, and may be enforced as such.
B. Stop-work orders; permits and approvals; reviews; restoration.
(1) The enforcement officer may issue stop-work orders for violations of this chapter.
(2) Any person receiving a stop-work order shall be required to halt all clearing, grading,
and construction until the Enforcement Officer or a court of competent jurisdiction allows
work to re-commence.
(3) In addition to any other remedy, a violation of or noncompliance with this chapter may
result in the termination, modification, or revocation of any permits or approvals as issued,
the refusal of the Town to issue any approvals, endorsements, certifications, building
permits, certificates of occupancy, certificates of compliance, and any similar or other
document or approval until the applicant or person rectifies and cures such violation.
Additionally, until the violation or noncompliance is abated, the Town may suspend any
review or other proceedings in relation to any pending matters or any subdivision
applications or approvals.
(4) In addition, any person who has been held in violation of this chapter may also be
required to restore or repair any land to its undisturbed condition. A repair or remediation
order may be filed and served and, if restoration is not undertaken within a reasonable time
after notice, the Town may take necessary corrective action, the cost of which shall become a
lien upon the property until paid. In addition, the Town may commence any one or more
civil proceedings in any court of competent jurisdiction to recover the costs of such
remediation, repair or restoration, together with all consequential and incidental losses,
costs, expenses, and damages, including reasonable attorneys' and experts' fees.
(5) Any documents improperly filed with the County Clerk pertaining to subdivision
approvals or related matters under this chapter shall be a nullity, and the Town may also
order any person or entity, including the applicant or the filing party, as a part of any repair
or remediation order, to cancel such filings of record.
C. All provisions of New York State law generally applicable to misde meanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby
vested and imbued with jurisdiction to issue administrative and other warrants in compliance
with the New York Criminal Procedure Law and administrative codes of the State of New York,
as well as to hear and adjudicate allegations relating to the criminal or civil violation of this
chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.
D. Any person or entity that violates any of the provisions of this chapter shall be guilty of a
criminal violation and subject to a fine of not more than $2,500, or subject to a civil penalty of
not more than $5,000 to be recovered by the Town in a civil action. Each week that any
noncompliance or violation continues is and may be charged as a separate violation.
E. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules;
and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
Chapter 253, Water
A. Section 253-9B is amended as indicated:
Outside users shall pay 1.5 not less than two times the whole of the water rate as set by the Town
and the Commission.
B. Section 253-21 is amended to read as follows:
A. All provisions of New York State law generally applicable to misdemeanors shall apply to
any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an
unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants in compliance with the
New York Criminal Procedure Law and administrative codes of the State of New York, as well
as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and
thereafter, if appropriate, impose any fine, penalty, or sanction.
B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a
criminal violation and subject to a fine of not more than $1,000, or subject to a civil penalty of
not more than $2,500 to be recovered by the Town in a civil action. Each week that any
noncompliance or violation continues is and may be charged as a separate violation.
C. In addition to any other remedy, a violation of, or noncompliance with, this chapter may
result in the termination, modification, or revocation of any permits or approvals as issued.
D. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude
the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to
seek equitable relief.
(1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation
of this chapter, the Town may bring an action to enjoin and restrain the continuation of such
violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules;
and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such action, the court may also award any damages or other relief requested, including
declaring the rights and interests of any parties and imposing any civil penalties. The
remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any
other right or remedy available to the Town, whether sounding in enforcement or otherwise.
C. Section 253-23 is amended to read as follows:
Any application, permit, review, or other fees referenced in this chapter may be determined,
amended, and periodically updated by the Town Board by resolution. In addition, fee schedules
may be developed and approved by resolution to reimburse the Town for the reasonable and
anticipated costs incurred in any review, including for public hearings, publication, mailings,
title reviews, inspections, dedications, SEQRA reviews, stormwater reviews, legal and
engineering (and other professional) consulting, and other incurred expenses of the Town. All
such fees and fee schedules shall be reasonable and properly chargeable to the applicant or other
person required to pay the same, and all such fees and fee schedules shall be periodically
reviewed by the Town Board to ensure reasonableness and legality.
Chapter 270, Zoning
A. Section 270-3:
(1) Definition of “dwelling, townhouse” is amended as indicated:
A building containing two or more dwelling units, each of which has one or two sidewalls
in common with sidewalls of abutting units and are party, or lot-line, walls. May contain
rental or for-sale housing. Also see "dwelling, multiple-family" for more than one
building.
(2) Definition of “family,” is amended to read as follows:
FAMILY — One or more persons living together in a single dwelling unit as a traditional
family or the functional equivalent of a traditional family. It shall be a rebuttable
presumption that four or more persons living together in a single dwelling unit, who are
not related by blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent of a traditional family,
the following criteria shall be present:
A. The group shares the entire dwelling unit.
B. The group lives and cooks together as a single housekeeping unit.
C. The group shares expenses for food, rent, utilities or other household expenses.
D. The group is permanent and stable, and not transient or temporary in nature.
E. Any other factor reasonably related to whether the group is the functional
equivalent of a family.
(3) Definition of “farm,” Subsection A, is amended as indicated:
Complies with the regulations of the NYS Board of Equalization and AssessmentState
Board of Real Property Tax Services; and
(4) Definition of “townhouse” is repealed.
B. Sections 270-5G and 270-26C are amended to change “Commercial General Business District” to
read as “General Commercial District."
C. Section 270-27F(2) is amended to change “30 days” to read as “62 days.”
D. Section 270-27F(3) is amended to change “45 days" and "forty-five-day period" to read as "62
days" and "sixty-two-day period” respectively.
E. Section 270-27I is added to read as follows:
Notice to adjacent municipalities. Before taking action on certain site plan applications, the Planning
Board shall provide notice to adjacent municipalities, as applicable, pursuant to General Municipal Law
§ 239-nn.
F. Section 270-28A(6) is added to read as follows:
Any application, permit, review, or other fees referenced in this chapter may be determined, amended, and
periodically updated by the Town Board by resolution. In addition, fee schedules may be developed and
approved by resolution to reimburse the Town for the reasonable and anticipated costs incurred in any
review, including for public hearings, publication, mailings, title reviews, inspections, dedications,
SEQRA reviews, stormwater reviews, legal and engineering (and other professional) consulting, and
other incurred expenses of the Town. All such fees and fee schedules shall be reasonable and properly
chargeable to the applicant or other person required to pay the same, and all such fees and fee schedules
shall be periodically reviewed by the Town Board to ensure reasonableness and legality.
G. Section 270-32C(6) is amended as indicated:
A completed full environmental assessment form, Part 1 (SEQR, Sec.6 NYCRR 617.20, Appendix
A).
H. Section 270-36B(5) is amended to read as follows:
Communication tower for the commercial reception or transmission of electronic
signals. Permitted when such activity or facility is in compliance with Chapter
119, Communications Towers, of the Code of the Town of Lansing.
I. Section 270-36C(5) is added to read as follows:
Notice to adjacent municipalities. Before taking action on certain site plan applications, the Planning
Board shall provide notice to adjacent municipalities, as applicable, pursuant to General Municipal Law
§ 239-nn.
J. Section 270-59 is amended change “four members” to read as “3/4 of the members.”
K. Schedule II, an attachment to Chapter 270, within the table entitled “Area, Frontage, Yard,
Heights and Coverage Requirements,” is amended to change Note No. 10 as indicated:
Height limitations do not apply to any building used for agricultural purposes. ([Also see § 270-
18). Ch. 119 and Ch. 270, §§ 270-18 and 270-36B(5).]