Local Law No.  1    of the year 2007

 A local law   to amend Chapter 37 of the Village Code to prohibit consumption of alcoholic beverages by minors on private property.

 Be it enacted by the Board of Trustees of the Village of Amityville as follows:   

 Section 1.        The Board of Trustees finds that the occurrence of social gatherings at private residences when alcoholic beverages or drugs are served to, or consumed by persons under the age of twenty-one (21) is harmful to such persons and a threat to the public welfare, health and safety of the residents of the Village.  The Board further finds that the persons who own or control said residences know or have reason to know of such gatherings and should therefore be responsible for preventing same.              

 Section 2.      Chapter 37 of the Code of the Village of Amityville is hereby amended to read as follows: 

                                                                 "CHAPTER 37                                                            Alcoholic Beverages

§37-1         Definitions.  For the purpose of this Chapter, the following items shall be defined as follows:    
Alcoholic beverage means any, liquor, wine, beer, spirits, cider or other liquid or  solid, patented or not composed of or containing alcohol or spirits, whether or not   brewed, fermented or distilled, and capable of being consumed by a person; except  that confectionary containing alcohol as provided in Subdivision 12 of Section 200   of the Agriculture and Markets Law shall not be considered alcoholic beverage within the meaning of this section 

Container means any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
Control means the authority and ability to regulate, direct or dominate.
Drug means and includes any substance listed in Section 3306 of Public Health Law.
Minor means any person under the age of twenty-one (21).
Open House Party means a social gathering or otherwise, at a residence or other private property with minors present. 
Person means a human being and where appropriate, a public or private corporation,  an unincorporated association, a partnership, a government or a governmental instrumentality.
 Public Landsmeans any public highway, street, parking lot, sidewalk, park or recreation area owned or controlled by the Village or any other federal, state or local governmental agency or subdivision, or any vacant lot, parking area, landscaped area,  buffer zone, front yard, side yard or rear yard of any parcel zoned or used for other than residential purposes. §37-2         Consumption and possession on public lands.It shall be a violation of this chapter for any person to:
A.   Consume any alcoholic beverage on any public lands within the village.
B.    Have in his possession any open container containing any alcoholic beverage on any public lands within the Village.
C.    Have within his possession for the purposes of consumption on public  lands by either himself or another person any open container containing an alcoholic beverage on any public lands within the village.
D.    The foregoing prohibitions shall not apply in the event of a special fair, picnic or other community gathering for which permission has been granted by the village, or to the transportation of an unsealed but not open container across public lands of the village from one point to another, with no intent to consume the contents of such open container while upon public lands.
E.    This section shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the village in violation of §1227 of the Vehicle and Traffic Law of the State of New York.

§37-3         Consumption by minors on private property.A.  No person who owns or has control of any residence in the village shall allow an open house party to take place at said residence if such person knows or has reason  to know that any alcoholic beverage or drug is being unlawfully possessed, served to, or consumed by a minor at such residence.
B.  The provisions of this section shall not apply to:
(1) The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to Section 65-l of the Alcoholic Beverage Control Law or any other applicable law; or
(2) The possession or consumption of a drug for which the person has a current, valid prescription, or as otherwise permitted by applicable law.

§37-4         Penalties for offenses [Amended 10-23-89 by L.L. No. 11 - 1989] Each violation of this chapter shall be punishable by a fine as provided for in §1-9 of this Code.  A violation of this chapter shall constitute disorderly conduct, and any person violating the same shall be declared a disorderly person. 

"Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of §49-3.

"Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors.

"Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of §49-15.

"Energy Code" shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

"Inspector" shall mean an inspector appointed pursuant to subdivision (d)§49-4.

"Operating Permit" shall mean a permit issued pursuant to §49-10.  The term "Operating Permit" shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this Chapter.

"Permit Holder" shall mean the Person to whom a Building Permit has been issued.

"Person" shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.

"Stop Work Order" shall mean an order issued pursuant to §49-6.

"Temporary Certificate" shall mean a certificate issued pursuant to subdivision (d) of §49-7.

"Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

"Village" shall mean the Village of Amityville

 §49-3. CODE ENFORCEMENT OFFICER AND INSPECTORS

            (a) The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this Chapter. The Code Enforcement Officer shall have the following powers and duties:

                         (1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy\Certificate of Compliance, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications;

                         (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy\Certificate of Compliance, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;

                        (3) to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy\Certificate of Compliance, Temporary Certificates and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this Chapter;

                        (4) to issue Stop Work Orders;

                        (5) to review and investigate complaints;

                        (6) to issue orders pursuant to subdivision (a) of §49-15 (Violations);

                        (7) to maintain records;

                        (8) to collect fees as set by the Board of Trustees;

                        (9) to pursue administrative enforcement actions and proceedings;

                        (10) in consultation with the Village attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this Chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this Chapter; and

                        (11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this Chapter.

            (b) The Code Enforcement Officer shall be appointed by the Mayor subject to the approval of the Board of Trustees.  The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

           ( c )  In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Mayor subject to the approval of the Board of Trustees to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this Chapter.

            (d) One or more Inspectors may be appointed by the Mayor subject to the approval of the  Board of Trustees to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this Chapter. Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

            (e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Board of Trustees.

§49-4               BUILDING PERMITS.

           (a) Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer.

            (b) Exemptions. No Building Permit shall be required for work in any of the following categories:
                      (1) construction or installation of one story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters);
                        (2) installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
                        (3) installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
                         (4) installation of fences which are not part of an enclosure surrounding a swimming pool;
                       (5) construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids; 
                        (6) construction of temporary motion picture, television and theater stage sets and scenery;
                        (7) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
                        (8) installation of partitions or movable cases less than 5'-9" in height;
                        (9) painting, wallpapering, tiling, carpeting, or other similar finish work;
                        (10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
                        (11) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
                        (12) repairs, provided that such repairs do not involve (I) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or relocation of any building system; or (iv) the removal from service of all or part of a fire protection system for any period of time. 

           © )  Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
            (d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: 

                        (1) a description of the proposed work;
                        (2) the tax map number and the street address of the premises where the work is to  be performed;
                        (3) the occupancy classification of any affected building or structure;
                       (4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
                        (5) at least 2 sets of construction documents (drawings and/or specifications) which ( i ) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
            (e) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. 
            (f) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. 
            (g) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. 
            (h) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building