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• • • GENERAL` ; ' g 1-�
T - CODE
y 4 i -?`•�`' '#~ PUBLISHERS GENERAL CODE PUBLISHERS CORP.
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CORP.
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Code
of the
Town of Mamaroneck
COUNTY OF WESTCHESTER
STATE OF NEW YORK
SERIAL NO. 3
GENERAL CODE PUBLISHERS CORP.
Spencerport, New York
1967
GENERAL CODE PUBLISHERS CORP .
Municipal and School Codification Specialists
P.O. Box # 98 — Spencerport, New York 14559
Phone: 716 352- 6171
Enclosed are new and/or replacement pages of changes to your Code.
They should be placed in your volume of the Code immediately. Each
page is numbered and carries an identifying dateline. The dateline indi-
cates when the supplement is printed and does not necessarily relate to the
adoption date of the material enclosed.
INSTRUCTIONS FOR SUPPLEMENTING YOUR CODE
1. If a page in the supplement is numbered the same as a page in the Code,
remove the old page and insert the one with the most recent dateline.
2. If a page in the supplement has a number not found in the Code, insert
it immediately after the numbered page it follows.
3. If a page in the supplement has a decimal number (e.g 1125.1) or an
alphabetical character following the page number (e.g. 1125A) insert the
page immediately following the same numbered page (e.g. 1125).
4. If a new chapter is included in the supplement it will be so noted in
the Table of Contents, and the "Reserved" page for that chapter should
be removed.
5. If a new "Reserved" page is included in the supplement, it will be so
noted in the Table of Contents, and the entire chapter that was repealed
should be removed and replaced by the "Reserved" page.
6. If an existing chapter has been substantially revised, requiring either
partial or complete reprinting of the chapter, care should be exercised
in the removal of pagea. An examination of the section outline or
scheme at the beginning of the new pages will indicate the number of
sections included in the chapter. The page on which the last section ends
is the last page of the chapter.
To double check for proper placement of pages, examine the identifying
section numbers and titles at the top of each page. In all cases the page
with the most recent dateline should be inserted. Removed pages should
be destroyed, or can be accumulated, if desired, as a useful history of
legislative changes.
Code
of the
•
Town of Mamaroneck
COUNTY OF WESTCHESTER
STATE OF NEW YORK
Editor-in-Chief
J. S. KITT
Managing Editors
M. R. MICHALKO H. H. J. STOLL
Editor of this Code
J. T. NAGLE
• Consulting Editors
T. B. CLANCY H. H. HENRY
D. M. DRUKKER R. W. GLASNER
S. S. RESPESS J. P. BRENNAN
GENERAL CODE PUBLISHERS CORP.
Spencerport, New York
1967
OFFICIALS
OF THE
TOWN OF MAMARONECK
Town Center
• 740 West Boston Post Road
Mamaroneck, New York 10543
Telephone: 914/698-3441 or 2007
rfr,
,
ks.
,
du is
1984
Town Board
DOLORES A. BATTALIA Supervisor
LEE H. BLOOM Councilman
• THOMAS R. AMLICKE
CAROLINE SILVERSTONE Councilman
Councilwoman
LAWRENCE A. LERMAN Councilman
Counsel to the Town
STEVEN M. SILVERBERG, ESQ.
LEE A. HOFFMAN, JR., ESQ.
Town Clerk
DOROTHY S. MILLER
6-25-84
CERTIFICATION
TOWN OF MAMARONECK
Office of the Town Clerk
I, CHARLES J. GRONBERG, Town Clerk of the Town
of Mamaroneck hereby certify that the copies of the
ordinances contained in this volume are correct trans-
cripts of the texts of the original ordinances.
Given under my hand and the seal of the Town of
Mamaroneck, County of Westchester, State of New York,
this day of 1966, at Mamar-
oneck, New York.
• s/CHARLES J. GRONBERG
Town Clerk
PREFACE
The orderly codification of all pertinent ordinances
has been our goal. To enable you to use this publication
efficiently, the following should be noted.
Chapters and Chapter Headings
• The Code is divided into chapters, their order being
an alphabetical progression from one subject to another.
Therefore, all ordinances pertaining to parking will be
found in the chapter entitled "Vehicle and Traffic"
and all ordinances relating to zoning will be found in
the chapter entitled "Zoning."
Table of Contents
The table of contents details the arrangement of
material by chapter as a means of identifying specific
areas of legislation.
Pagination
A unique page-numbering system has been used. It is
possible to add or change pages in any part of the
volume at any time without upsetting the sequence of
subsequent pages or index entries. Note that the page
order follows the sequence of chapters. Thus, Chapter
1 begins on page 101; Chapter 2 on page 201, etc.
•
Scheme
The scheme is the list of titles which precedes the text
of each chapter. These titles are carefully written so
that taken together they may be considered as a sum-
i
mary of the content of the ordinance. Taken separately
each describes the content of a particular ordinance sec-
tion. For ease and precision of reference the scheme
titles are repeated as section headings in the text.
Appendix
An ordinance, by strict definition, is a municipal law •
characterized by a direct or implied statement of pen-
alty or penalties invoked by municipal authority in the
event of proven violation.
Certain forms of local legislation are, however, pur-
posely drawn without penalty clauses because their leg-
islative intent would be impaired or contradicted by
the inclusion of such a clause. In certain instances
legislation of this type is relevant. Thus, if an enact-
ment does not conform to the definition of "ordinance"
but is of such significance that its application is com-
munity-wide, or that its provisions are germane to the
conduct of municipal government, it is included as a part
of the appendix.
Supplementation
Supplementation of the Code will follow the adoption
of new legislation. New ordinances and amendments
will be included, and repeals will be indicated as soon
as possible after passage.
Acknowledgement •
In developing this Code, questions were encountered
which required the assistance of the Town Attorney,
James J. Johnston, Esq., and the Town Clerk, Charles
J. Gronberg.
ii
We wish to take this opportunity to express our
gratitude for the promptness, cordiality and efficiency
of their response. Their actions have made possible a
superior codification, achievable only with complete
cooperation.
We trust that in the years ahead this Code will con-
tribute significantly to the harmonious operation of your
• local government.
•
iii
TABLE OF CONTENTS
CHAPTER PAGE
1. General Provisions 101
Article I Adoption of Code[L.L.No.2,1975]
2. (Reserved) 201
3. Advertisements 301
• 4. (Reserved) 401
5. Alarm Systems[L.L. No. 3, 1979] 501
5A.Alcoholic Beverages[L.L. No. 1, 1981] 5A01
6. Animals 601
Article I General Regulations
Article II Removal of Canine Waste[L.L.No.2,1979]
Article III Redemption of Impounded Animals
7. (Reserved) 701
8. Bicycles 801
9. Bingo 901
10. (Reserved) 1001
11. Bowling Alleys 1101
12. (Reserved) 1201
13. (Reserved) 1301
14. Building Code[L.L. No. 3, 1985] 1401
15. Buildings, Unsafe[L.L. No. 6, 1984] 1501
16. Conservation Advisory Commission 1601
17. Conservation Areas[L.L. No. 3, 1966] 1701
• 18. (Reserved) 1801
19. Container Hazards 1901
20. (Reserved) 2001
21. Dances and Dance Halls 2101
V 11-25-85
MAMARONECK CODE
CHAPTER PAGE
22. (Reserved) 2201
23. Environmental Quality Review[L.L. No. 4, 1985] 2301
24. Ethics, Code of[L.L. No.3, 1970] 2401
25. Firearms 2501
Article I Firing Regulations •
Article II Sale and Use
Article III Pistol Permits
26. Fire Limits[L.L. No. 1, 1984] 2601
27. Fire Prevention Code 2701
28. Flood Damage Prevention[L.L. No. 1, 1979] 2801
29. Garage and Yard Sales[L.L. No. 1, 1973] 2901
30. Garbage and Rubbish 3001
31. (Reserved) 3101
32. (Reserved) 3201
33. (Reserved) 3301
34. Hawking and Peddling 3401
35. Helicopters and Other Aircraft[L.L. No. 1, 1980] 3501
36. (Reserved) 3601
37. House Trailers,Trailer Camps and Tourist Camps 3701
38. Housing Standards[L.L. No. 1, 1970] 3801
39. (Reserved) 3901
40. (Reserved) 4001
41. Licensed Occupations 4101 •
42. (Reserved) 4201
43. (Reserved) 4301
44. Local Law Hearings[L.L. No. 2, 1966] 4401
vi 11-25-85
TABLE OF CONTENTS
CHAPTER PAGE
45. (Reserved) 4501
46. Lot Maintenance 4601
47. (Reserved) 4701
48. Motels 4801
• 49. (Reserved) 4901
50. (Reserved) 5001
51. Noise Regulation 5101
52. (Reserved) 5201
53. Officers and Employees 5301
Article I Defense and Indemnification[L.L.No.1,1983]
Article II Receiver of Taxes[L.L.No.8,1984]
54. Parking Lots 5401
55. Parks 5501
56. (Reserved) 5601
57. Peace and Good Order 5701
58. (Reserved) 5801
59. Police Department 5901
Article I Police Escort Service[L.L.No.2,1974]
Article II Administration[L.L.No.5, 1984]
60. Plumbing Code 6001
61. Property Maintenance[L.L. No. 2, 1970] 6101
62. Public Transportation 6201
63. Records, Public Access to 6301
• 64. Sewer Connections 6401
65. (Reserved) 6501
66. Sidewalk Construction [L.L. No. 1, 1968] 6601
V11 11-25-85
MAMARONECK CODE
CHAPTER PAGE
66A.Site Plan Review[L.L. No. 3, 1984] 66A01
67. Smoke Control 6701
68. (Reserved) 6801
69. Snow and Ice Removal 6901
70. (Reserved) 7001 •
71. (Reserved) 7101
72. (Reserved) 7201
73. Streets and Sidewalks 7301
73A.Summonses[L.L. No. 7, 1985] 73A01
74. Taxation 7401
Article I Tax Exemption Reduction[L.L.No.2,1976]
Article II Senior Citizens Tax Exemption
Article III Exemption for Improvements to Aid Handicapped[L.L.No.2,1984]
Article IV Veterans Exemption[L.L.No.2,1985]
75. Taxis 7501
76. Tenant Protection 7601
76A.Tree Preservation[L.L. No. 10, 1985] 76A01
77. Trespassing 7701
78. (Reserved) 7801
79. Vehicles,Abandoned [L.L. No. 7, 1984] 7901
80. (Reserved) 8001
81. Vehicle and Traffic 8101
Article I Speed Limits[L.L.No.1,1965]
Article II Traffic Regulations
Article III Parking Meters
Article IV Traffic Violations Bureau •
Article V Private Streets in Apartment Complexes
82. Vehicles, Operation of[L.L. No. 3, 1974] 8201
83. (Reserved) 8301
viii 11-25-85
TABLE OF CONTENTS
CHAPTER PAGE
84. Water 8401
85. (Reserved) 8501
86. (Reserved) 8601
87. Water Control[L.L. No. 1, 1966] 8701
111 88. Wetlands[L.L. No. 1, 1976] 8801
89. Zoning 8901
90. (Reserved) 9001
INDEX
APPENDIX
Part I
Subdivision Plats 10001
•
IX 1 1-25-85
Chapter 1
•
GENERAL PROVISIONS
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
101 -199
Chapter 2
(RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
201-299
§ 3-1 ADVERTISEMENTS § 3-1
Chapter 3
ADVERTISEMENTS'
® § 3-1. Posting on private property.
§ 3-2. Violations and penalties.
§ 3-3. Applicability.
§ 3-4. Inconsistent ordinances repealed.
§ 3-5. General title.
§ 3-6. When effective.
§ 3-7. Severability.
§ 3-8. Definition.
[HISTORY: Adopted by the Town Board of the Town of Mamar-
oneck 2-17-37 as Section 2 of Chapter IV, and Chapters I,
X and XI, of the General Ordinances. Amendments
noted where applicable.]
§ 3-1. Posting on private property.
No person shall post any bill, placard, notice or other paper
• upon any structure, tree,2 rock, article or thing on any public
property in the Town of Mamaroneck, nor affix thereon in any
other way any advertisement or notice.
1 Editor's Note: For additional regulations concerning advertisements, see Ch.
17, Conservation Areas, § 17-16; Ch. 34, Hawking and Peddling, §34-11; Ch. 51,
Noise Regulation, § 51-1; and Ch. 55, Parks, § 55-13.
2 Editor's Note: For additional regulations concerning trees, see Ch. 46, Lot
Maintenance, § 46-2.
301
§ 3-2 MAMARONECK CODE § 3-4
§ 3-2. Violations and penalties.
A. Any person violating any of the provisions of this ordi-
nance, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty of
a misdemeanor punishable by imprisonment for not more
than one (1) year or by a fine of not more than five •
hundred dollars ($500.) or both. [Amended 10-20-54]
B. [Amended 12-17-53] Additional penalties.
(1) Violation of § 3-1 of this ordinance shall subject the
offender, for each offense, to a civil penalty not to
exceed twenty-five dollars ($25.).
(2) The penalty for violation as above provided shall be
in addition to any fine provided for in § 3-2A.
(3) Every day or part thereof that such violation shall
continue shall be deemed to be a separate and dis-
tinct violation of the said several provisions of this
ordinance and shall render every person liable for a
separate penalty for each such violation.
§ 3-3. Applicability.
This ordinance shall apply only to that part of the Town
of Mamaroneck outside of incorporated villages, and whenever
and wherever the words "Town of Mamaroneck" are used, such
words shall mean the Town of Mamaroneck outside of incor-
porated villages.
•
§ 3-4. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
302
§ 3-5 ADVERTISEMENTS § 3-8
§ 3-5. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated
villages."
• § 3-6. When effective.
This ordinance shall become effective immediately upon publi-
cation and posting thereof as provided in Section 133 of Chapter
634 of the Laws of 1932, constituting Chapter 62 of the Consoli-
dated Laws and known as the Town Law.
§ 3-7. Severability.
The declaration of any portion of this ordinance by a court
of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder
of said ordinance shall remain in full force and effect.
§ 3-8. Definition.
PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and
incorporated and joint-stock associations. [Added 5-3-39]
•
303
Chapter 4
411
GENERAL PROVISIONS
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
401-499
ALARM SYSTEMS
Chapter 5
ALARM SYSTEMS
• Local Law
No. 3
1979
A LOCAL LAW REGULATING AND CONTROLLING
ALARM SYSTEMS WITHIN THE UNINCORPORATED
AREA OF THE TOWN OF MAMARONECK, WEST-
CHESTER COUNTY, NEW YORK
§ 5-1. Purpose.
§ 5-2. Definitions.
§ 5-3. License required; application; fees.
§ 54. Responsibility for systems; equipment; false alarms.
§ 5-5. Severability.
§ 5-6. Penalties for offenses.
§ 5-7. Effective date.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 9-5-79 as Local Law No. 3, 1979.' Amendments
noted where applicable.]
•
GENERAL REFERENCES
Fire prevention— See Ch. 27.
Police Department—See Ch. 59.
'Editor's Note: This local law also repealed former Chapter 5, Alarm Systems,
adopted 11-20-74 as L.L. No. 4, 1974.
501 11-25-80
§ 5-1 MAMARONECK CODE § 5-2
Be it enacted by the Town Board of the Town of Mamaroneck,
as follows:
§ 5-1. Purpose.
The purpose of this chapter is to provide regulations and
standards applicable to alarm devices, alarm businesses, alarm •
agents and alarm users and to provide a schedule of charges
applicable for false alarms transmitted through such alarm
devices.
§ 5-2. Definitions.
For the purpose of this chapter, the following definitions shall
apply:
ALARM AGENT—Any person who is employed by any
commercial entity that is licensed hereunder as an alarm
business, whose activities include selling, leasing, in-
stalling, repairing, servicing or maintaining, in or on any
building, place or premises, any alarm device within the
Town of Mamaroneck.
ALARM BUSINESS — Any business, firm, corporation
or other commercial entity which is in the business of
selling, leasing, installing, repairing, servicing or main-
taining an alarm device or devices and performs such
services within the Town of Mamaroneck.
ALARM DEVICE — Any device which, when activated
by an unauthorized entry, fire, smoke or other emergency
requiring Police Department or Fire Department response,
transmits a signal to the alarm indicator panel at police
headquarters or to a private central alarm station and/or
produces any audible or visual signal to which the Police
Department or Fire Department is expected to respond.
Excluded from this definition and from the provisions of
this chapter are devices designed to alert the occupants of
a building of an emergency condition therein and which do
not produce any audible or visual signal which is per-
502 11-25-80
§ 5-2 ALARM SYSTEMS § 5-2
ceptible outside of such building. Also excluded from this
definition and the provisions of this chapter are alarm
devices installed in or on any motor vehicle.
ALARM INDICATOR PANEL — Any device located
within police headquarters and monitored by police officers
which indicates the status of each direct alarm as defined
• hereunder.
ALARM REVIEW BOARD —A committee consisting of
the following: the Town Supervisor or his designee; the
Police Chief or his designee; and the Fire Chief or his
designee.
ALARM USER — Any person or entity on whose
premises an alarm device is installed in the Town of
Mamaroneck.
CENTRAL ALARM STATION — Any private or
commercial entity which receives signals from alarm
devices within the Town of Mamaroneck and relays in-
formation pertaining to such alarm devices to police
headquarters.
DIALER ALARM — A telephone-interfaced device that
automatically connects to police or fire headquarters and
transmits a recorded message to report an emergency
condition requiring Police Department or Fire Department
response.
DIRECT ALARM—Any alarm device which transmits a
signal or impulse over a leased telephone line to the alarm
indicator panel at police headquarters or to a private
central alarm station.
FALSE ALARM —Any alarm activation to which Police
or Fire Department personnel respond which is not the
result of an unauthorized entry, fire, smoke or other
emergency.
INTENTIONAL FALSE ALARM— Any false alarm, as
defined herein, which is intentionally activated by any
person.
503 11-25-80
§ 5-2 MAMARONECK CODE § 5-3
LICENSING AUTHORITY — The Town Clerk of the
Town of Mamaroneck.
LOCAL ALARM — Any alarm device which is not con-
nected to the alarm indicator panel at police headquarters
but which, when activated, causes an audible or visual
signal perceptible to persons on the outside of the premises
within which said alarm device is installed. •
MALFUNCTION — A deficiency or other failure of an
alarm device which results in a false alarm but which is not
attributable to any fault or negligence on the part of the
alarm device user.
§ 5-3. License required; application; fees.
A. Authority to grant licenses, permits and identification
cards.
(1) The licensing authority is hereby authorized to grant a
revocable license, upon the approval of the Chief of
Police, to any alarm business as defined within this
chapter.
(2) The licensing authority is hereby authorized to grant a
revocable license and identification card, upon the
approval of the Chief of Police, to any alarm agent as
defined within this chapter.
(3) The licensing authority is hereby authorized to grant a
revocable permit, upon the approval of the Chief of
Police, to any alarm user as defined within this
chapter.
B. Application for licenses, permits and identification cards. •
(1) All alarm businesses, as defined within this chapter,
who desire to conduct such business within the Town
of Mamaroneck, shall apply to the licensing authority
for an alarm business license on a form designated by
the licensing authority. Such alarm business license
shall be valid for a one-year period, on a calendar-year
basis, expiring on December 31 of each year. Not-
504 ii-25-80
§ 5-3 ALARM SYSTEMS § 5-3
withstanding this provision, a licensed alarm business
may conduct such business through January 31 of the
year following the expiration of the alarm business
license.
(2) Each person desiring to be an alarm agent in the Town
of Mamaroneck, before acting as such an alarm agent,
shall apply to the licensing authority for an alarm
agent license, on a form designated by the licensing
authority. In addition,each applicant shall furnish the
Police Department of the Town of Mamaroneck with a
full set of the applicant's fingerprints. The Police
Department is authorized to forward such fingerprints
to the New York State Division of Criminal Justice
Services for a criminal background investigation.
Each applicant shall be charged a fee of fifteen dollars
($15.) for a full search and return from the Division of
Criminal Justice Services. Such fee shall be submitted
with the applicant's fingerprints, in the form of a
check or money order made payable to the New York
State Division of Criminal Justice Services. Such
alarm agent license shall be valid for a one-year period,
on a calandar-year basis, expiring on December 31 of
each year. Notwithstanding this provision, a licensed
alarm agent may act as such an agent through
January 31 of the year following the expiration of the
alarm agent license. [Amended 12-19-79 by L.L. No. 5,
1979]
(3) Any property owner or lessee of property in the Town
of Mamaroneck having on his or her premises an alarm
device shall apply to the licensing authority for an
alarm user permit, on a form designated by the
• licensing authority. Such alarm user permit is non-
transferable.
C. License and permit fees. Annual license and permit fees
shall be nonrefundable and based upon the following
schedule:
(1) Alarm business license: one hundred dollars ($100.)
per calendar year or part.
505 n-25-80
§ 5-3 MAMARONECK CODE § 5-3
(2) Alarm agent license: twenty-five dollars ($25.) per
calendar year or part.
(3) Alarm user permit: no charge.
D. Violations. It shall be a misdemeanor for any person,
business or commercial entity to operate, sell, lease, install,
repair, service or maintain an alarm device, as defined in •
this chapter, without first having obtained a license as
provided in this chapter.
E. Denial, suspension or revocation of license or permit and
disconnection of alarm system.
(1) The Alarm Review Board may require the denial,
suspension or revocation of any license or permit
and/or the disconnection of any alarm connected to
the alarm indicator panel when deemed necessary for
violation of any of the provisions of this chapter or the
violation of any standards or regulations promulgated
by the licensing authority pursuant to this chapter.
(2) Any license, permit or identification card issued
pursuant to this chapter shall be surrendered im-
mediately upon suspension or revocation by the Alarm
Review Board. It shall be a misdemeanor to fail to
surrender such license, permit or identification card
which has been suspended or revoked as herein
provided.
(3) Written notice of decisions of the Alarm Review Board
shall be given to persons affected thereby. Any person
or persons, jointly or severally, aggrieved by any
decision of the Alarm Review Board may have the
decision reviewed by a special term of the Supreme
Court, in the manner provided by Article 78 of the •
Civil Practice Law and Rules, provided that the
proceeding is commenced within thirty (30) days after
the filing of the decision in the office of the Town
Clerk. Costs shall not be allowed against the Alarm
Review Board unless it shall appear to the Court that
it acted with gross negligence or in bad faith or with
malice in making the decision appealed from.
506 ii-25-80
§ 5-4 ALARM SYSTEMS § 5-4
§ 5-4. Responsibility for systems; equipment; false alarms.
A. Town assumes no responsibility for such systems. Not-
withstanding the payment of any fee and/or the issuance of
any permit or license as herein required, the Police
Department, Fire Department and the Town of
Mamaroneck shall be under no obligation whatsoever
• concerning the adequacy, the operation or maintenance of
the alarm device so installed or of the operation or
maintenance of the alarm indicator panel at police
headquarters, and the Town of Mamaroneck and its
authorized agents hereby assume no liability whatsoever
for any failure of any such alarm device or the alarm in-
dicator panel or for failure to respond to any such alarms or
for any act of omission or commission as a result of any
such alarm, device or system.
B. Specific equipment required and/or prohibited.
(1) Notwithstanding§ 5-4B(2), (3) and(4) of this chapter,
the Alarm Review Board may promulgate regulations
and standards applicable to the equipment used in any
and all alarm devices utilized by any alarm business,
alarm agent or alarm user in the Town of
Mamaroneck.
(2) Effective June 1, 1980, no person shall use, cause or
permit to be used any dialer alarm, as defined within
this chapter, unless an alternate line or means of
telephone verification, by the Police Department, is
provided.
(3) Effective June 1, 1980, no alarm device, as defined
within this chapter, which is equipped with an audible
signal perceptible to the outside of the premises in
• which it is installed, shall be operated unless it has
been equipped with a device which will silence such
audible signal within twenty (20) minutes from the
time of its associated alarm device's activation.
(4) Effective June 1, 1980, all direct alarms, as defined
within this chapter, shall be equipped with a device
507 11-25-80
§ 5-4 MAMARONECK CODE § 5-4
which will delay the transmission of an alarm signal or
impulse to the alarm indicator panel or the central
alarm station for a period of thirty (30) seconds from
the time of its associated activation.
C. Removal of unlawful equipment. The Alarm Review Board,
whenever aware of the existence or use of any alarm device
which is not operated in accordance with the provisions of •
this chapter, or which does not meet standards for such
alarm devices as set pursuant to § 5-4B(1) of this chapter,
may order the disconnection of such alarm device from the
alarm indicator panel at police headquarters, and it shall be
unlawful to disobey such an order.
D. False alarms.
(1) Any owner or lessee of property having an alarm
device or system of devices on his or its premises, and
any user of any services or equipment furnished by a
licensee under this chapter, shall pay to the Town of
Mamaroneck, upon demand, a charge for each and
every false alarm, as defined within this chapter, to
which Police Department or Fire Department per-
sonnel responds, in each calendar year, as follows:
(a) First false alarm: no charge, warning only.
(b) Two (2) to four (4) false alarms: fifteen dollars
($15.) for each occurrence.
(c) Five (5) to six (6) false alarms: thirty dollars
($30.) for each occurrence.
(d) Additional false alarms: fifty dollars ($50.) for
each occurrence.
(2) More than five (5) false alarms in any calendar year •
may constitute grounds for the suspension or
revocation of an alarm user's permit and disconnection
of such alarm device from the alarm indicator panel at
police headquarters, as determined by the Alarm
Review Board. Any alarm user charged with a false
alarm penalty as prescribed herein may appeal such
508 11-25-80
§ 5-4 ALARM SYSTEMS § 5-5
charge or penalty, in writing, within ten (10) days
after receipt of the notice of such penalty and may
appear before the Alarm Review Board at a place and
time selected by the Board. False alarm penalties or
charges may be waived only by order of the Alarm
Review Board. All penalties as prescribed herein shall
be collected and recorded by the licensing authority
• and remitted to the Town Comptroller. Failure to pay
a false alarm charge or penalty as prescribed shall
subject such alarm user to the disconnection of his
alarm device from the alarm indicator panel, if ap-
plicable, and to the suspension or revocation of his
alarm user permit, as determined by the Alarm
Review Board.
E. Intentional false alarms. Any person who intentionally
causes a false alarm as described within this chapter shall
be guilty of a misdemeanor.
F. Change of location of alarm indicator panel. If the location
of the alarm indicator panel should be changed at any time,
the Town of Mamaroneck shall not be responsible for any
expense incurred by the alarm users, alarm businesses or
alarm agents for moving or reconnecting such systems or
devices to the relocated alarm indicator panel or for the
moving or reinstallation of the alarm indicator panel itself.
G. Location of equipment. The Alarm Review Board is hereby
authorized to prescribe the location and manner of in-
stallation of all cabinets, accessories, connections and
equipment of an approved direct alarm within police or fire
headquarters so as to be readily accessible to police or fire
officials.
411/
§ 5-5. Severability.
If any part or parts of this chapter are for any reason held to be
invalid, such decision shall not affect the validity of the remaining
portions of this chapter.
509 ii-25-80
§ 5-6 MAMARONECK CODE § 5-7
§ 5-6. Penalties for offenses.
Except as provided in § 5-3D and E of this chapter, any failure
to obey any provision of this chapter or failure to obey an order of
the Alarm Review Board, pursuant to this chapter, shall con-
stitute a violation punishable by a fine of up to two hundred fifty
dollars ($250.) for each and every violation. Each day that such
violation continues shall constitute a separate offense. •
§ 5-7. Effective date.
This chapter shall take effect January 1, 1980, upon filing with
the Secretary of State.
•
510 a-25-80
§ 5A-1 ALCOHOLIC BEVERAGES § 5A-1
Chapter 5A
ALCOHOLIC BEVERAGES
Local Law
No. 1
1981
A LOCAL LAW REGULATING THE POSSESSION AND
CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE
TOWN OF MAMARONECK
§ 5A-1. Title.
§ 5A-2. Legislative intent.
§ 5A-3. Definitions.
§ 5A-4. Consumption in public places or transportation facilities
prohibited.
§ 5A-5. Prima facie evidence of possession.
§ 5A-6. Exceptions.
§ 5A-7. Penalties for offenses.
§ 5A-8. Severability.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 1-7-81 as Local Law No. 1, 1981. Amendments noted
where applicable.]
§ 5A-1. Title.
This local law shall be known and cited as "Town of
Mamaroneck Local Law No. 1 of 1981, Regulating the Possession
and Consumption of Alcoholic Beverages in Public Places."
5A01 1-25.83
§ 5A-2 MAMARONECK CODE § 5A-3
§ 5A-2. Legislative intent.
The Town of Mamaroneck recognizes that consumption of
alcoholic beverages in public places and transportation facilities
must be adequately controlled so as to prevent public disorder,
nuisances, littering and other acts and conditions detrimental to
the health, safety and welfare of the residents of the town, and
this local law is intended to provide such control and regulation.
§ 5A-3. Definitions.
As used herein, the following words shall have the meanings
below set forth:
ALCOHOLIC BEVERAGES — Includes all such
beverages as defined in § 3 of the Alcoholic Beverage
Control Law of the State of New York.
CONTAINER — Any bottle, can, glass, cup or similar
receptacle suitable for or used to hold any liquid.
PUBLIC PLACE:
A. "Public place" shall mean the following:
(1) Any highway, street, sidewalk, park, playground
or school (public or private).
(2) The parking lots of shopping centers, schools,
churches or other religious institutions, and train
stations.
(3) Without limiting the generality of the foregoing,
any other place to which the public or a sub-
stantial group of persons has access.
B. Notwithstanding the foregoing, the following shall not
be deemed"public places"for the purpose of this local •
law:
(1) Any public place or transportation facility
wherein the use and consumption of alcoholic
beverages is authorized pursuant to a license or
5A02 1-25-83
§ 5A-3 ALCOHOLIC BEVERAGES § 5A-5
permit issued under the Alcoholic Beverage
Control Law.
(2) The interior of the building premises of any
firehouse within the Town of Mamaroneck.
(3) The interior of any premises of any business
establishment within the Town of Mamaroneck.
® (4) The interior of any building occupied for use as a
church, synagogue or other house of worship.
(5) The parks and playgrounds of the Town of
Mamaroneck during the times and in accordance
with the rules and regulations prepared by the
Superintendent of Recreation, approved by the
Town Board and filed with the Town Clerk.
TRANSPORTATION FACILITY — Any conveyance
(other than the interior of a train), premises or place used
for or in connection with public or private passenger
transportation, whether by railroad, motor vehicle or any
other method.
§ 5A-4. Consumption in public places or transportation facilities
prohibited.
No person shall consume or ingest any alcoholic beverage in any
public place or transportation facility within the Town of
Mamaroneck. Carrying on the person, holding or possessing any
open can or container which contains an alcoholic beverage in a
public place as herein above defined shall constitute prima facie
evidence of a violation of this section.
® § 5A-5. Prima facie evidence of possession.
Any open full bottle, can or container, which contains an
alcoholic beverage, found in any vehicle in any such public place
or transportation facility shall be prima facie evidence that the
same is in possession of all the occupants of said vehicle and in
5A03 1-25-83
§ 5A-5 MAMARONECK CODE § 5A-8
possession of the person last having control and custody of said
vehicle.
§ 5A-6. Exceptions.
The foregoing prohibition against drinking alcoholic beverages
in public places and transportation facilities or possessing open
bottles, cans or containers of such alcoholic beverage shall not •
apply nor be a violation of this local law in the event of a gathering
which has been granted a special permit by the Town Clerk ac-
cording to regulations approved by the Town Board of the Town
of Mamaroneck.
§ 5A-7. Penalties for offenses.
Any person,upon conviction for violation of this local law, shall
be guilty of a violation as defined in Article 10, § 10.00, Sub-
division 3 of the Penal Law, which shall be punishable as follows:
for a first offense, by payment of a fine not exceeding twenty-five
dollars ($25.); for a second or subsequent offense, by payment of a
fine not exceeding two hundred fifty dollars ($250.) or by im-
prisonment for a term not to exceed fifteen (15) days, or by both
such fine and imprisonment.
§ 5A-8. Severability.
If any clause, sentence, paragraph, section or part of this local
law 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 operations to the
clause, sentence, paragraph, section or part thereof directly in-
volved in the controversy in which such judgment shall have been
rendered.
5A04 1-25.83
ANIMALS
Chapter 6
ANIMALS
ARTICLE I
• General Regulations
§ 6-1. Swine.
§ 6-2. Permits for calves.
§ 6-3. Animals, except dogs and cats.
§ 6-4. Dogs; penalties for offenses.
§ 6-5. Penalties for offenses.
§ 6-6. Applicability.
§ 6-7. Repealer.
§ 6-8. General title.
§ 6-9. When effective.
§ 6-10. Severability.
§ 6-11. Definitions.
§ 6-12. Licensing of dogs; fees.
ARTICLE II
Removal of Canine Waste
Local Law
No. 2
1979
A LOCAL LAW REQUIREMENTS FOR THE REMOVAL
OF CANINE WASTE
§ 6-13. Removal required; penalties for offenses.
601 6-255-ti4
§ 6-1 MAMARONECK CODE § 6-2
ARTICLE III
Redemption of Impounded Animals
§ 6-14. Redemption fees.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck: Article I, 9-5-62 as Chapter V and 2-17-37 as
Chapters I,X and XI of the General Ordinances;' Article II, 7-11 •
-
79 as Local Law No. 2, 1979; Article III, 1-5-83 by resolution.
Amendments noted where applicable.]
GENERAL REFERENCES
Stables and barns—See Ch. 14, § 14-78.
Wildlife— See Ch. 17.
Animals in trailer camps— See Ch. 37.
Animals in motels—See Ch. 48.
Animals in parks—See Ch. 55.
ARTICLE I
General Regulations
[Adopted 9-5-62 as Chapter V and
2-17-37 as Chapters I, X and XI of the
General Ordinances]
§ 6-1. Swine.
No swine shall be kept in the Town of Mamaroneck.
§ 6-2. Permits for calves.
No person shall sell or keep at any place in the Town of
Mamaroneck any calves, without a permit therefor issued by the
Town Board, or otherwise than in accordance with the terms of 11111
said permit granted by the Town Board.
'Editor's Note: Sections 6-1 through 6-4 were adopted as a new Chapter V of the
General Ordinances on 9-5-62.The preamble of the 9-5-62 amendment reads as follows:
Resolved, that Chapter V of the General Ordinances of the Town of Mamaroneck,
adopted February 7,1937,as amended,is hereby repealed;further resolved,that a new
Chapter V of the General Ordinances of the Town of Mamaroneck is hereby adopted,
which reads as follows.
602 6-25-84
§ 6-3 ANIMALS § 6-3
§ 6-3. Animals, except dogs and cats.
The following shall apply to all animals, except cats or dogs,
and to all fowl:
(Cont'd on page 603)
•
602.1 6-25-84
§ 6-3 ANIMALS § 6-4
A. No animal, bird or fowl shall be allowed to run at large in
the Town of Mamaroneck except upon the premises of the
person who owns, keeps, harbors or otherwise has the care
or custody of such animal or except upon the premises of
another person with the knowledge and consent of such
other person.
• B. When a Justice of the Peace, upon written complaint and
after a hearing upon due notice to each owner, custodian or
person in charge of any animal, bird or fowl, shall find the
noise, damage or injury to property made by such animal,
bird or fowl a public nuisance, such animal, bird or fowl
shall be forthwith impounded at his direction unless the
owner, custodian or person in charge shall give assurance
satisfactory to such Justice of the Peace that such nuisance
shall be forthwith abated. If such assurance is violated, the
animal, bird or fowl shall be forthwith impounded.
§ 64. Dogs; penalties for offenses.
Dogs, whether licensed or not, shall be subject to the following
restrictions:
A. No person owning or having the custody and control of a
dog shall permit such dog to be at large in the Town of
Mamaroneck elsewhere than on the premises of the owner,
except it be on the premises of another person with the
knowledge and consent of such other person.
B. The owner or person having the custody and control of a
dog, in the said Town of Mamaroneck, which is not on the
premises of the owner or upon the premises of another
person with the knowledge and consent of such person,
• shall control and restrain such a dog by a leash.
C. The fact that a dog is at large in the Town of Mamaroneck
elsewhere than on the premises of the owner shall be
presumptive evidence that the dog has been permitted to
be at large with the knowledge of the owner or person
having custody and control of the dog.
603 11-25-80
§ 6-4 MAMARONECK CODE § 6-6
D. A violation of this section shall be an offense and shall be
punishable by a fine of not less than ten dollars ($10.) nor
more than one hundred fifty dollars ($150.), or by im-
prisonment of not more than twenty-five (25) days.
[Amended 7-11-79]
§ 6-5. Penalties for offenses.
•
A. Any person violating any of the provisions of this or-
dinance, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty of a
misdemeanor punishable by imprisonment for not more
than one (1)year or by a fine of not more than five hundred
dollars ($500.), or both. [Amended 10-20-54]
B. Additional penalties. [Amended 12.17-53]
(1) Violation of §§ 6-1 and 6-2 of this ordinance shall
subject the offender, for each offense,to a civil penalty
not to exceed ten dollars ($10.).
(2) The penalty for violation as above provided shall be in
addition to any fine provided for in § 6-5A.
(3) Every day or part thereof that such violation shall
continue shall be deemed to be a separate and distinct
violation of the said several provisions of this or-
dinance and shall render every person liable for a
separate penalty for each such violation.
§ 6-6. Applicability. •
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever and
wherever the words"Town of Mamaroneck" are used, such words
shall mean the Town of Mamaroneck outside of incorporated
villages.
604 a-25-80
§ B-7 ANIMALS § 6-11
§ 6-7. Repealer.
All former general ordinances, rules or regulations affecting or
pertaining to subjects covered in this ordinance, insofar as they
are inconsistent herewith, are hereby repealed.
III § 6-8. General title.
This ordinance shall be known as part of the "General Or-
dinances of the Town of Mamaroneck outside of incorporated
villages."
§ 6-9. When effective.
This ordinance shall become effective immediately upon
publication and posting thereof as provided in Section 133 of
Chapter 634 of the Laws of 1932, constituting Chapter 62 of the
Consolidated Laws and known as the "Town Law."
§ 6-10. Severability.
The declaration of any portion of this ordinance by a court of
competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid and the remainder of
said ordinance shall remain in full force and effect.
® § 6-11. Definitions. [Added 5-3-39]
As used in this ordinance, the following terms shall have the
meanings indicated:
PERSON — Includes individuals, copartnerships, cor-
porations and incorporated and joint-stock associations.
605 ii-25•80
§ 6-12 MAMARONECK CODE § 6-13
§ 6-12. Licensing of dogs; fees. [Added 11-1-78 by L.L. No. 1,
1978; amended 10-3-79 by L.L. No. 4, 1979]
A. Each dog harbored in the Town of Mamaroneck must be
licensed to a specific adult applicant.
B. Each applicant shall pay to the Town Clerk of the Town of
Mamaroneck, at the time of making the licensing ap-
plication,
the following fees:
(1) A license fee of five dollars ($5.)for each neutered male
or each spayed female dog.
(2) A license fee of ten dollars ($10.) for each unneutered
male or unspayed female dog.
ARTICLE II
Removal of Canine Waste
[Adopted 7-11-79 as L.L. No. 2, 1979]
Be it enacted by the Town Board of the Town of Mamaroneck,
as follows:
§ 6-13. Removal required; penalties for offenses.
A. No person owning, harboring, keeping, walking or in
charge of any dog shall cause, suffer or allow such dog to
soil, defile, defecate on or commit any nuisance on any
common thoroughfare, sidewalk, passageway, bypath,
play area, park or any public property; nor on any private
property without the permission of the owner of said prop-
erty. The restriction in this section shall not apply to that
portion of a street lying between the curblines, which
portion may be used to curb such dog under the following •
conditions:
(1) Any person who so curbs a dog shall immediately
remove all feces deposited by such dog as follows:
Feces shall be picked up with a scoop, shovel, broom,
tong or other similar implement and be deposited
directly in an airtight container, plastic or otherwise,
and then subsequently deposed in a container used for
606 11-25-80
§ 6-13 ANIMALS § 6-14
the disposal of refuse or by any other method ap-
proved by the Town Board.
(2) In no event shall any feces be deposited in sewers or
drains, whether storm or sanitary.
B. Any person violating this section shall be subject to a fine
• and penalty of not less than fifty dollars ($50.) nor more
than two hundred fifty dollars ($250.).
ARTICLE III
Redemption of Impounded Animals
[Adopted 1-5-83 by resolution]
§ 6-14. Redemption fees.
The following fees are hereby established for the redemption of
impounded animals: ten dollars ($10.) for the first impoundment,
twenty dollars ($20.) for the second impoundment, and thirty
dollars ($30.) for any impoundment thereafter, all within one (1)
calendar year of the first impoundment.
•
607 6-25-S4
Chapter 7
411
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
4110
701-799
§ 8-1 BICYCLES § 8-2
Chapter 8
BICYCLES
§ 8-1. Registration required.
§ 8-2. Issuance of registration.
§ 8-3. Registration plates and cards.
§ 8-4. Transfer of ownership.
§ 8-5. Secondhand bicycles.
§ 8-6. Removal of registration number.
§ 8-7. Rental agencies; bicycle dealers.
§ 8-8. Penalties for offenses.
§ 8-9. Repealer.
§ 8-10. Effective date.
1 HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 4-21-71 as Chapter IX-H, of the General Ordinances.
Amendments noted where applicable.]
§ 8-1. Registration required.
It shall be unlawful on and after the first day of June 1971 for
any person to operate or use a bicycle propelled wholly or in part
by muscular power upon any of the streets, alleys or public high-
ways of the Town of Mamaroneck, Westchester County, New
York, exclusive of the areas within the incorporated limits of the
Villages of Larchmont and Mamaroneck, without first registering
said bicycle with the Police Department as hereinafter provided.
This requirement shall not apply to residents of the Villages of
• Larchmont and Mamaroneck whose bicycles have been registered
or licensed by the Police Department of either of said villages.
§ 8-2. Issuance of registration.
The Police Department is hereby authorized and directed to
issue, upon written application, bicycle registrations which shall
801 4-25-72
§ 8-2 MAMARONECK CODE § 8-4
be effective for the period of one (1) year, starting on the first day
of June and ending on the 31st day of May the following year.
Said registrations, when issued, shall entitle the registrant to
operate such bicycle for which said registration has been issued
upon all the streets, alleys and public highways, exclusive of the
sidewalks thereof, in the Town of Mamaroneck, New York, ex-
clusive of the areas within the incorporated limits of the Villages
of Larchmont and Mamaroneck. The Police Department shall not •
issue a registration for any bicycle to an applicant who is under
sixteen (16) years of age. A registration obtained through false
representation that the applicant is of the required age shall be
null and void.
§ 8-3. Registration plates and cards.
The Town of Mamaroneck, New York, shall provide each year
metallic registration plates and/or seals, together with
registration cards, said metallic registration plates and
registration cards having stamped thereon in numerical order,
beginning with number 1, and indicating the year for which the
same are issued, and the letters TMBR stamped thereon; such
metallic registration plates shall be suitable for attachment upon
the frames of bicycles, and it shall be the duty of the Police
Department to attach one (1) such registration plate to the frame
of each bicycle, and to issue a corresponding registration card to
the registrant. Such metallic registration plates shall remain
attached during the existence of such registration. The Police
Department shall also keep a record of the date of issue of such
registration, to whom issued and the number thereof.
§ 8-4. Transfer of ownership.
It shall be the duty of every person who sells or transfers •
ownership of any bicycle to report such a sale or transfer by
returning to the Police Department the registration card issued to
such person as registrant thereof, together with the name and
address of the person to whom said bicycle was sold or trans-
ferred, and such report shall be made within five (5) days of the
date of said sale or transfer. It shall be the duty of the purchaser
802 4-25-72
§ 8-4 BICYCLES § 8-7
or transferee of such bicycle to apply for a transfer of registration
therefor within five(5)days of said sale or transfer.
§ 8-5. Secondhand bicycles.
All persons engaged in the business of buying secondhand
S bicycles are hereby required to make report within twenty-four
(24)hours of each such purchase to the Police Department, giving
the name and address of the person from whom each bicycle is
purchased, the description of each bicycle purchased, the frame
number thereof and the number of the metallic registration plate
found thereon, if any. All persons engaged in the business of
selling new or secondhand bicycles are hereby required to make a
report within twenty-four(24)hours of each such sale to the Police
Department,giving the name and address of each person to whom
sold, the kind of bicycle sold, together with a description and
frame number thereof and the number of the metallic registration
plate attached thereto, if any.
§ 8-6. Removal of registration number.
It shall be unlawful for any person to willfully or maliciously
remove,destroy,mutilate or alter the number of any bicycle-frame
registration pursuant to this ordinance. It shall also be unlawful
for any person to remove, destroy, mutilate or alter any
registration plate, seal or registration card during the time in
which said registration plate, seal or registration card is
operative; provided, however, that nothing in this ordinance shall
prohibit the Police Department from stamping numbers of the
frame of bicycles on which no serial number can be found, or on
which said number is illegible or insufficient for identification
purposes.
§ 8-7. Rental agencies; bicycle dealers.
The provisions of this ordinance relating to the registration of
bicycles shall be applicable and binding upon any person, firm or
corporation which engages in the practice of renting or selling
803 4-25-72
§ 8-7 MAMARONECK CODE § 8-10
bicycles. Such persons or organizations shall be required to
comply with the provisions hereof as if personally operating such
a bicycle within the Town of Mamaroneck.
§ 8-8. Penalties for offenses.
Any person violating any provision of this chapter may, upon
conviction, be punished for the first offense by a fine not ex •
-
ceeding ten dollars ($10.) and for the second offense by a fine not
exceeding twenty-five dollars ($25.) and for a third or any sub-
sequent offense within one (1) year by a fine not exceeding fifty
dollars ($50.), or by removal of the registration certificate or tag
for a period not exceeding thirty (30) days from any bicycle
registered by such person.
§ 8-9. Repealer.
The invalidity of any part, clause, section or provision of this
chapter of this ordinance shall not invalidate any other part,
paragraph, clause, section or provision thereof.
§ 8-10. Effective date.
The foregoing amendment to the General Ordinances shall
become effective on June 1, 1971 following its posting and
publication.
411)
804 4-25-72
§ 9-1 BINGO § 9-1
Chapter 9
BINGO'
§ 9-1. License required; restrictions.
• § 9-2. Unlicensed operation.
§ 9-3. Rental restriction.
§ 9-4. Disposition of proceeds.
§ 9-5. Single prizes.
§ 9-6. Series of prizes.
§ 9-7. Management.
§ 9-8. Remuneration.
§ 9-9. Suppliers.
§ 9-10. Violations and penalties.
§ 9-11. Incorporation by reference.
[HISTORY: Adopted by the Town. Board of the Town of
Mamaroneck 9-16-59. Amendments noted where applicable.]
§ 9-1. License required; restrictions.
It shall be lawful for any authorized organization, as defined
in Section 476 of Article 14-H of the General Municipal Law,
® upon obtaining the required license, to conduct the game of
bingo within the territorial limits of the Town of Mamaroneck,
subject to the provisions of this ordinance, Article 14-H of the
General Municipal Law and Article 19-B of the Executive Law,
and the following restrictions:
1 Editor's Note: The Bingo Ordinance was amended in its entirety by this
amendment on 1-16-63.
901
§ 9-2 MAMARONECK CODE § 9-6
§ 9-2. Unlicensed operation.
No person, firm, association, corporation or organization other
than a licensee under the provisions of Article 14-H of the
General Municipal Law shall conduct such game or shall lease
or otherwise make available for conducting bingo a hall or
other premises, for any consideration whatsoever, direct or in- •
direct.
§ 9-3. Rental restriction.
No bingo game shall be held, operated or conducted on or
within any leased premises if rental under such lease is to be
paid, wholly or partly, on the basis of a percentage of the
receipts or net profits derived from the operation of such game.
§ 9-4. Disposition of proceeds.
The entire net proceeds of any game shall be exclusively
devoted to the lawful purposes of the organization permitted to
conduct the game.
§ 9-5. Single prizes.
No single prize shall exceed the sum or value of two hundred
fifty dollars ($250.).
•
§ 9-6. Series of prizes.
No series of prizes on any one (1) occasion shall aggregate
more than one thousand dollars ($1,000.).
902
§ 9-7 BINGO § 9-11
§ 9-7. Management.
No person except a bona fide member of any organization
shall participate in the management or operation of such game.
§ 9-8. Remuneration.
No person shall receive any remuneration for participation in
the management or operation of any such game.
§ 9-9. Suppliers.
No authorized organization licensed under the provisions of
Article 14-H of the General Municipal Law shall purchase or
receive any supplies or equipment specifically designed or adapted
for use in the conduct of bingo games, from other than a supplier
licensed under the Bingo Control Law or from another authorized
organization.
§ 9-10. Violations and penalties.
The unauthorized conduct of a bingo game and any willful
violation of any provision of this ordinance shall constitute and
be punishable as a misdemeanor.
• § 9-11. Incorporation by reference.
The provisions of the Bingo Licensing Law (Article 14-H) of
General Municipal Law of the State of New York shall apply
to the licensing and conducting of the game of bingo, and the
provisions of such law are hereby incorporated in this resolution
or ordinance by reference.
903
Chapter 10
III
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
1001-1099
BOWLING ALLEYS
Chapter 11
BOWLING ALLEYS'
§ 11-1. License required.
§ 11-2. License fee.
§ 11-3. Compliance with regulations required.
§ 11-4. Denial; reapplication; revocation.
§ 11-5. Vacating premises for violations.
§ 11-6. Closing hour.
§ 11-7. Compliance with state laws.
§ 11-8. Violations and penalties.
§ 11-9. Applicability.
§ 11-10. Inconsistent ordinances repealed.
§ 11-11. General title.
§ 11-12. When effective.
§ 11-13. Severability.
§ 11-14. Definition.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 12-20-61 as Chapter IX-D, and 2-17-37 as
Chapters I, X and XI of the General Ordinances.
41111 Amendments noted where applicable.]
I Editor's Note: Sections 11-1 through 11-7 were added as a new Chapter IX-D
of the General Ordinances, on 12-20-61. Preamble of the 12-20-61 amendment
reads as follows: Resolved, that the General Ordinances of the Town of Mamaro-
neck, adopted October 24, 1957, be amended so as to insert a new chapter, to be
known as Chapter IN-D, which shall read as follows.
For additional regulations concerning bowling alleys, see Ch. 14, Building Code,
§ 14-76; and Ch. 41, Licensed Occupations, § 41-1B.
1101
§ 11-1 MAMARONECK CODE § 11-3
§ 11-1. License required.
It shall be unlawful for any person to operate any bowling
alley in any place or premises, without a license to be issued
by the Town Clerk as provided in Section 137 of the Town
Law, which license shall be posted in .a conspicuous place near
the main entrance of the bowling alley. •
§ 11-2. License fee.
The fee for such license to be paid at the date of the issuance
of the same shall be ten dollars ($10.) per annum, and all
licenses shall expire on the 31st day of December next follow-
ing their issuance, but if the application be for a period of six
(6) months or less, the fee shall be one-half (i/2) the yearly
fee.
§ 11-3. Compliance with regulations required.
No bowling alley license shall be issued until it shall be found
that the premises comply with and conform to all regulations
for the protection of public health and safety of buildingss and
for the protection of the public from fire,s that they are properly
ventilated and supplied with sufficient toilet conveniences4 and
that they are a safe and proper place for the purpose for which
they are used.5 The Police Department, the Fire Department
and the Building Inspector6 shall conduct an investigation of any
application filed with the Town Clerk, and report of such in-
vestigation shall be attached to the application, for the consider-
ation of the Town Clerk.
2 Editor's Note: For additional regulations concerning buildings, see Ch. 14, •
Building Code.
3 Editor's Note: For additional regulations concerning fire prevention, see Ch.
27, Fire Prevention Code.
4 Editor's Note: For additional regulations concerning plumbing, see Ch. 60,
Plumbing Code.
5 Editor's Note: For additional regulations concerning building use, see Ch.
89, Zoning.
6 Editor's Note: For additional information concerning the Building Inspector,
see Ch. 14, Building Code, § 14-2.
1102
§ 11-4 BOWLING ALLEYS § 11-7
§ 11-4. Denial; reapplication; revocation.
The Town Clerk may refuse to issue any bowling alley license
for the reasons stated in Section 137 of the Town Law, and the
applicant may apply to the Town Board of the Town of Ma-
maroneck after such refusal, all as provided in Section 137 of
• the Town Law, and any license issued pursuant to this ordinance
may be revoked after a hearing as provided in Section 137 of
the Town Law.
§ 11-5, Vacating premises for violations.
The Town Board shall cause to be vacated any bowling alley
permit whenever any provisions of this chapter are being
violated or whenever any indecent or immoral act is committed
or whenever any disorder? of a gross, violent or vulgar char-
acter takes place therein.
§ 11-6. Closing hour.
All bowling alleys shall be discontinued and closed at or
before the hour of 3:00 a.m., eastern standard time or daylight
savings time, whichever may be then in effect.
§ 11-7. Compliance with state laws.
• The owner or operator of any bowling alley shall, in all re-
spects, comply with the provisions of the Labor Law and the
Penal Law of the State of New York, and any other applicable
statute.
7 Editor's Note: For additional regulations concerning peace and good order,
see Ch. 57, Peace and Good Order.
1103
§ 11-8 MAMARONECK CODE § 11-10
§ 11-8. Violations and penalties.
A. Any person violating any of the provisions of this ordi-
nance, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty of
a misdemeanor punishable by imprisonment for not more
than one (1) year or by a fine of not more than five
hundred dollars ($500.) or both. [Amended 10-20-54]
B. [Amended 12-17-53] Additional penalties.
(1) Violation of §§ 11-1, 11-2, 11-5, 11-6 and 11-7 of
this ordinance shall subject the offender, for each
offense, to a civil penalty not to exceed fifty dollars
($50.). [Amended 12-20-61]
(2) The penalty for violation as above provided shall
be in addition to any fine provided for in § 11-8A.
(3) Every day or part thereof that such violation shall
continue shall be deemed to be a separate and dis-
tinct violation of the said several provisions of this
ordinance and shall render every person liable for
a separate penalty for each such violation.
§ 11-9. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages and whenever and
wherever the words "Town of Mamaroneck" are used, such
words shall mean the Town of Mamaroneck outside of incorpo-
rated villages.
•
§ 11-10. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
1104
§ 11-11 BOWLING ALLEYS § 11-14
§ 11-11. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated
villages."
• § 11-12. When effective.
This ordinance shall become effective immediately upon pub-
lication and posting thereof as provided in Section 133 of
Chapter 634 of the Laws of 1932, constituting Chapter 62 of the
Consolidated Laws and known as the Town Law.
§ 11-13. Severability.
The declaration of any portion of this ordinance by a court
of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder
of said ordinance shall remain in full force and effect.
§ 11-14. Definition.
PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and
incorporated and joint-stock associations. [Added 5-3-39]
•
1105
Chapter 12
•
(RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
1201 - 1299
Chapter 13
•
( RESERVED)
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
1301-1399
BUILDING CODE
Chapter 14
BUILDING CODE
Local Law
• No. 3
1985
A LOCAL LAW FOR THE ENFORCEMENT AND ADMINIS-
TRATION OF THE NEW YORK STATE UNIFORM FIRE
PREVENTION AND BUILDING CODE
ARTICLE I
Purpose; Building Inspector; Fire Inspector
§ 14-1. Purpose.
§ 14-2. Building Inspector.
§ 14-3. Fire Inspector.
§ 14-4. Records and reports.
ARTICLE II
Permits and Certificates
§ 14-5. Application for building permit.
§ 14-6. Issuance of building permit.
§ 14-7. Term of building permit; conformance with other reg-
ulations.
§ 14-8. Revocation of building permit.
§ 14-9. Stop orders.
§ 14-10. Right of entry.
§ 14-11. Certificate of occupancy required.
§ 14-12. Application for certificate of occupancy; inspection.
1401 -25-85
MAMARONECK CODE
§ 14-13. Issuance of certificate of occupancy.
§ 14-14. Temporary certificate of occupancy.
§ 14-15. Tests.
§ 14-16. Town employees not liable.
§ 14-17. Penalties for offenses.
•
ARTICLE III
Fees; Encroachments➢ Wood Shingles
§ 14-18. Fees.
§ 14-19. Existing encroachments.
§ 14-20. Wood shingles.
ARTICLE IV
Electrical Control
§ 14-21. Purpose.
§ 14-22. National Code adopted.
§ 14-23. Enforcing agency designated.
§ 14-24. Duties of inspector.
§ 14-25. Penalties for offenses.
§ 14-26. Exceptions.
§ 14-27. Construal of provisions.
ARTICLE V •
Outdoor Advertising Signs
§ 14-28. Definitions.
§ 14-29. Permit required.
§ 14-30. Application for permit.
1402 11-25-85
BUILDING CODE
§ 14-31. Unsafe and unlawful signs.
§ 14-32. Residential districts.
§ 14-33. Business districts and light industry districts.
§ 14-34. Office building districts.
§ 14-35. Illuminated signs, special signs and illumination of
• buildings.
§ 14-36. Safety.
§ 14-37. Variances.
ARTICLE VI
Excavations
§ 14-38. Temporary support.
§ 14-39. Examination of adjoining property.
§ 14-40. Notice to Building Inspector.
§ 14-41. Responsibility of owner of adjoining property.
§ 14-42. Excavation for purposes other than construction.
§ 14-43. Permits required.
ARTICLE VII
Private Swimming Pools
§ 14-44. Definitions.
§ 14-45. Accessory use;variance.
• § 14-46. Permit required.
§ 14-47. Application for permit.
§ 14-48. Issuance of permit.
§ 14-49. Abandoned swimming pools.
§ 14-50. Inspection.
1403 11-25-85
MAMORONECK CODE
§ 14-51. Wading pools.
ARTICLE VIII
Outdoor Illumination
§ 14-52. Parking lots.
§ 14-53. Sales lots. •
§ 14-54. Signs.
§ 14-55. Inspection.
§ 14-56. Temporary relief permits.
ARTICLE IX
Miscellaneous Provisions
§ 14-57. Penalties for offenses.
§ 14-58. Appeals.
§ 14-59. Severability.
§ 14-60. When effective.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-27-85 as Local Law No. 3, 1985.' Amendments
noted where applicable.]
GENERAL REFERENCES
Unsafe buildings—See Ch.15.
Fire Prevention Code—See Ch.27. •
Lot maintenance—See Ch.46.
Parking lots—See Ch.55.
Property maintenance—See Ch.61.
Site plan review—See Ch.66A.
Zoning—See Ch.89.
Editor's Note: This local law also provided for the repeal of former Ch. 14,Building Code,
adopted 2-17-37,as amended.
1404 11-25-85
§ 14-1 BUILDING CODE § 14-3
Be it enacted by the Town Board of the Town of Mamaroneck, as
follows:
ARTICLE I
Purpose; Building Inspector; Fire Inspector
§ 14-1. Purpose.
This local law is adopted for the purposes of implementing the
administration and enforcement of the New York State Uniform
Fire Prevention and Building Code.
§ 14-2. Building Inspector.
A. The Town Board shall appoint a Building Inspector, who
shall be either an architect, engineer or person who has quali-
fied according to the rules and regulations for civil service in
the County of Westchester and who shall serve and hold office
at the pleasure of the Town Board.
B. The Town Board shall appoint, from time to time, such depu-
ties and assistants to the Building Inspector as may be deemed
appropriate, who shall also serve at the pleasure of the Town
Board and who shall act in the place and stead of the Build-
ing Inspector in his absence.
C. The Building Inspector shall have all powers, duties and au-
thority provided for in Town Law § 138 and the other provi-
sions of state law and any other laws, ordinances, codes or
regulations of the Town of Mamaroneck.
§ 14-3. Fire Inspector. [Added 5-1-85 by L.L. No. 8, 1985]
A. The Town Board shall appoint as an Assistant Building In-
spector a Fire Inspector who shall be primarily responsible
for matters pertaining to building maintenance, life and fire
safety, storage of flammable and hazardous materials, and
shall be responsible for the enforcement of, but not limited to,
Chapters A, C, F and G of the New York State Uniform Fire
Prevention and Building Code, as well as any local codes re-
lating to the same subject.
1405 11-25-85
§ 14-3 MAMARONECK CODE § 14-4
B. The Fire Inspector shall be a member of the Building De-
partment and shall be directly responsible to the Building In-
spector who shall have authority for enforcement of all sec-
tions of the New York State Uniform Fire Prevention and
Building Code, as well as such other codes, rules, laws and
regulations as the Town of Mamaroneck may from time to
time adopt.
C. The Fire Inspector shall receive applications and issue per- •
mits for explosive, flammable and hazardous liquids and
materials and blasting and shall further be responsible for
inspection of and compliance with all such permits.
D. All records of permits and inspections by the Fire Inspector
shall be maintained in the office of the Building Inspector.
E. The Fire Inspector shall have all authority within his areas of
responsibility that an Assistant Building Inspector would
have.
§ 14-4. Records and reports.
A. The Building Inspector shall keep permanent official records
of all transactions and activities conducted by him, including
all applications received, plans approved, permits and certifi-
cates issued,fees charged and collected, inspection reports, all
rules and regulations promulgated by him with the consent of
the Town Board and notices and orders issued. All such rec-
ords shall be public records open to public inspection during
normal business hours. All plans and records pertaining to
buildings or structures or appurtenances thereto shall be re-
tained as long as the building or structure referred to in such
plans and records is in existence.
B. The Building Inspector shall annually submit to the Town •
Board a written report and summary of all business conduct-
ed by the Building Department, including approvals, permits
and certificates issued, fees collected, orders and notices pro-
mulgated, inspections and tests made and appeals or litiga-
tion pending or concluded.
1406 11-25-85
§ 14-5 BUILDING CODE § 14-5
ARTICLE II
Permits and Certificates
§ 14-5. Application for building permit.
A. No person, firm or corporation shall commence the erection,
construction, enlargement, alteration, improvement, conver-
sion or change in the nature of the occupancy of any building
or structure, or cause the same to be done, without first ob-
taining a separate building permit from the Building Inspec-
tor for each such building or structure, except that no build-
ing permit shall be required for the performance of ordinary
repairs which are not structural in nature.
B. Ordinary repairs shall not include the cutting away of any
wall, partition or portion thereof; the removal or cutting of
any structural beam or bearing support; the removal or
change of any means of ingress or egress; or the rearrange-
ment of parts of a structure affecting exit requirements.
C. Applications for a building permit shall be made to the
Building Inspector on forms provided by the Building Inspec-
tor and shall contain the following information:
(1) A survey showing the map reference, the dimensions, lo-
cations with reference to any streets adjoining said prop-
erty on which the proposed work is to be done and the
location thereon of all existing and proposed structures
included in the application.
(2) A statement of the use and occupancy of all parts of the
land and of the building or structure.
(3) The estimated total cost of the entire proposed work.
(4) The full name and address of the owner and of the appli-
cant and the names and addresses of their responsible
officers, if either of them is a corporation, and the name
and address of the owner's authorized agent, if any.
(5) A brief description of the work proposed to be done.
(6) Plans and specifications, in triplicate, as set forth in
Subsection E of this section.
1407 is-25-85
§ 14-5 MAMARONECK CODE § 14-5
(7) Such other information as may be required by the Build-
ing Inspector to establish and determine whether the
proposed work complies with the requirements of the
applicable building laws, ordinances and regulations.
D. Applications shall be made by the owner or lessee, or the
agent of either, or by the architect, engineer, builder or con-
tractor employed in connection with the proposed work. Where
the application for a building permit is made by a person •
other than the owner, it shall be accompanied by an affidavit
of the owner that the proposed work is authorized by the
owner and that the applicant is authorized to make such
application.
E. Each application for a building permit shall be accompanied
by three(3)sets of plans and specifications[except that in all
cases involving buildings and structures to be occupied as
one-family residences, only two (2) copies will be required],
including a survey drawn to scale showing the location and
size of all proposed construction; all existing structures on the
site; the nature and character of the work to be performed
and the materials to be used; the distance from lot lines; the
relationship of structures to structures on adjoining property;
the widths and grades of adjoining streets, walks or alleys;
and, where required by the Building Inspector, details of
computations, stress diagrams and other essential technical
data. The seal of a licensed architect or a licensed professional
engineer shall be affixed to said plans. The Building Inspec-
tor may waive the requirements for filing plans and specifi-
cations for minor alterations and issue a building permit so
stating. The Building Inspector may waive the requirement
for filing plans in case the cost of construction is less than five
hundred dollars ($500.) Amendments to the application or to
the plans and specifications accompanying the same may be •
filed at any time prior to the commencement of any work
which varies from the plans and specifications approved by
the Building Inspector. Any such amendment or change in
the plans must be approved by the Building Inspector in
writing prior to the commencement of said work.
1408 ii-25-85
§ 14-6 BUILDING CODE § 14-7
§ 14-6. Issuance of building permit.
A. The Building Inspector shall examine or cause to be exam-
ined all applications for permits and the plans, specifications
or other documents filed therewith. All applications shall
either be approved or disapproved within a reasonable time.
B. Upon approval of the application and payment of the appro-
priate fees, all sets of plans and specifications shall be en-
dorsed with the word "approved." One (1) set of approved
plans and specifications shall be retained in the files of the
Building Department and one(1) set shall be returned to the
applicant, together with the building permit, and shall be
kept at the building site, open to inspection by the Building
Inspector or his authorized representative at all reasonable
times. The third set (if any) of plans and specifications shall
remain with the Building Inspector for the use of any other
department of the town.
C. If the application, together with plans, specifications and oth-
er documents filed therewith, describes proposed work which
does not conform to all of the requirements of the applicable
building and zoning regulations, the Building Inspector shall
disapprove the same in writing. The applicant may then ap-
peal any such decision in accordance with the provisions of
the Zoning Ordinance2 and the provisions of this code.
§ 14-7. Term of building permit; conformance with other reg-
ulations.
A. A building permit shall be effective to authorize the com-
mencement of work in accordance with the application, plans
and specifications on which it is issued for a period of one (1)
• year after the date of its issuance. The Building Inspector
may, for good cause shown, allow a maximum of two (2) ex-
tensions of the building permit for a period not exceeding six
(6) months for each extension. However, any application for
an extension of a building permit must be made prior to the
expiration of the original permit or any extension thereof.
z Editor's Note: See Ch.89,Zoning.
1409 11-25-85
§ 14-7 MAMARONECK CODE § 14-9
B. The issuance of the building permit shall constitute authority
to the applicant to proceed with the work in accordance with
the approved plans and specifications and in accordance with
the applicable building laws, ordinances or regulations. All
work shall conform to the approved application, plans and
specifications, except that no building permit shall be valid
insofar as it authorizes the performance of work or the use of
materials which are not in accordance with the requirements •
of the applicable building regulations and zoning ordinances.
§ .14-8. Revocation of building permit.
The Building Inspector may revoke a building permit theretofore
issued and approved in the following instances:
A. Where he finds that there has been any false statement or
misrepresentation as to a material fact in the application,
plans or specifications on which the building permit was
based.
B. Where he finds that the building permit was issued in error
and should not have been issued in accordance with applica-
ble provisions of law.
C. Where he finds that the work performed under the permit is
not being prosecuted in accordance with the provisions of the
application, plans or specifications.
D. Where the person to whom a building permit has been issued
fails or refuses to comply with a stop order issued by the
Building Inspector.
E. Where the person to whom a building permit has been issued
fails or refuses to allow the Building Inspector and/or his des-
ignated deputies entry onto the building or property for the •
purpose of inspecting the work during reasonable working
hours.
§ 14-9. Stop orders.
Whenever the Building Inspector has reasonable grounds to be-
lieve that work on any building or structure is being prosecuted in
1410 11-25-85
§ 14-9 BUILDING CODE § 14-11
violation of the provisions of the State Building Code, this local law
or other applicable ordinances, rules or regulations, or not in con-
formity with the provisions of an application, plan or specification on
the basis of which a building permit was issued, or in an unsafe and
dangerous manner, the Building Inspector shall notify the owner of
the property or the owner's agent to suspend all building activities
until the stop order has been rescinded or modified. Such order and
® notice shall be in writing, shall state the conditions under which the
work may be resumed and may be served upon the person to whom
it is directed either by delivering it personally to that person or by
posting the same upon a conspicuous portion of the building where
the work is being performed and sending a copy of the same to him
by certified mail at the address set forth in the application for per-
mission for the construction of such building.
§ 14-10. Right of entry.
The Building Inspector and such deputies and such assistant build-
ing inspectors as may be appointed by the Town Board, upon show-
ing the proper credentials and in the discharge of their duties, shall
be permitted to enter upon any building, structure or premises with-
out interference during reasonable working hours.
§ 14-11. Certificate of occupancy required.
A. No building hereafter erected shall be used or occupied, in
whole or in part, until a certificate of occupancy shall have
been issued by the Building Inspector.
B. No building hereafter enlarged, extended or altered, or upon
which other work has been performed which required the is-
suance of a building permit and which has been occupied dur-
® ing such enlargement, extension, alteration or other work,
shall be occupied or used for more than thirty(30) days after
the completion of the alteration or other work,unless a certif-
icate of occupancy shall have been issued by the Building
Inspector.
C. No building, hereinafter enlarged, extended or altered, or
upon which other work has been performed pursuant to a
1411 11-25-85
§ 14-11 MAMARONECK CODE § 14-12
building permit, may be occupied, unless occupied during the
work being performed as provided in Subsection B above, un-
til such time as a certificate of occupancy shall have been
issued by the Building Inspector.
D. No change shall be made in the use of an existing building
unless a certificate of occupancy authorizing such new use
shall have been issued by the Building Inspector. •
§ 14-12. Application for certificate of occupancy; inspection.
A. The owner or his agent shall make application for a certifi-
cate of occupancy. Accompanying this application and before
the issuance of a certificate of occupancy, there shall be filed
with the Building Inspector an affidavit of the registered ar-
chitect or licensed professional engineer who filed the origi-
nal plans, or of the registered architect or licensed profes-
sional engineer who supervised the construction of the work,
or of the superintendent of construction who supervised the
work, and who, by reason of his experience, is qualified to
superintend the work for which the certificate of occupancy is
sought. This affidavit shall state that the deponent has exam-
ined the approved plans of the structure for which a certifi-
cate of occupancy is sought, and that the structure has been
erected in accordance with approved plans and, as erected,
complies with all laws, rules and regulations governing build-
ing construction or as varied by a variance which has been
legally authorized. Such variances and qualifying conditions
imposed therewith, if any,shall be specified in the affidavit.
B. In instances where the Building Inspector has determined
(pursuant to§ 14-5E of this local law)that a requirement for
filing of plans shall be waived, then the owner or contractor
performing the work for the owner to whom the permit has •
been issued shall submit an affidavit as is set forth in Subdi-
vision A hereinabove.
C. No certificate of occupancy shall be issued for any new con-
struction where, as part of the permit, it is required that the
building or other structure be located on the property for the
1412 11-25-R5
§ 14-12 BUILDING CODE § 14-13
purpose of demonstrating compliance with such setback re-
quirements of the Zoning Ordinance,3 unless and until an as-
built survey is submitted, signed and sealed by a surveyor
licensed in the State of New York showing the location of the
building or other structure on the property and the distances
of the building or other structure from property lines or other
structures as may be required by the Zoning Ordinance to
demonstrate compliance with setback requirements in the
Zoning Ordinance of the Town of Mamaroneck. No certificate
of occupancy shall be issued until such survey has been re-
viewed by the Building Inspector and the Building Inspector
has determined that, according to such certified survey, the
building or other structure complies with all requirements
for setbacks set forth in the Zoning Ordinance of the Town of
Mamaroneck.
D. Before issuing a certificate of occupancy, the Building In-
spector shall examine or cause to be examined all buildings,
structures and sites for which an application has been filed
for a building permit to construct, enlarge, alter, repair or
change the use or nature of occupancy and may conduct such
inspections as are deemed appropriate from time to time dur-
ing and upon completion of the work for which a building
permit has been issued. There shall be maintained in the
Building Department a record of all such examinations and
inspections, together with a record of findings of violations of
the law.
§ 14-13. Issuance of certificate of occupancy.
A. When, and after final inspection, it is found that the proposed
work has been completed in accordance with the applicable
• laws, ordinances, rules and regulations, and also in accor-
dance with the application, plans and specifications filed in
connection with the issuance of the building permit, the
Building Inspector shall issue a certificate of occupancy upon
the form provided by him. If it is found that the proposed
work has not been properly completed, the Building Inspec-
3 Editor's Note: See Ch.89,Zoning.
1413 ai-25-85
§ 14-13 MAMARONECK CODE § 14-15
tor shall not issue a certificate of occupancy and shall order
the work completed in conformity with the building permit
and in conformity with the applicable building regulations.
B. A certificate of occupancy shall be issued where appropriate
within thirty (30) days after written application therefor is
made.
C. The certificate of occupancy shall certify that the work has •
been completed and that the proposed use and occupancy is in
conformity with the provisions of the applicable building
laws, ordinances, rules and regulations and shall specify the
use or uses and the extent thereof to which the building or
structure or its several parts may be put.
§ 14-14. Temporary certificate of occupancy.
Upon request, the Building Inspector may issue a temporary cer-
tificate of occupancy for a building or structure, or part thereof, be-
fore the entire work covered by the building permit shall have been
completed, provided that such portion or portions as have been com-
pleted may be occupied safely without endangering life or the public
health or welfare. A temporary certificate of occupancy shall remain
effective for a period not exceeding three(3)months from its date of
issuance. For good cause, the Building Inspector may allow a maxi-
mum of two(2)extensions for periods not exceeding three(3)months
each.
§ 14-15. Tests.
Whenever there are reasonable grounds to believe that any mate-
rial, construction, equipment or assembly does not conform to the
requirements of the applicable building laws, ordinances or regula- •
tions,the Building Inspector may require the same to be subjected to
tests in order to furnish proof of such compliance. Any such tests
required by the Building Inspector shall be performed at the ex-
pense of the applicant.
1414 i1-25-85
§ 14-16 BUILDING CODE § 14-17
§ 14-16. Town employees not liable.
No member of the Town Board or any representative, board or
commission appointed by the Town Board or the Building Inspector
or their subordinates, acting in good faith and without malice, shall
be liable for damages by reason of anything done in any action or
proceeding instituted under any provision of this local law or by rea-
• son of any act of omission in the performance of their official duties.
§ 14-17. Penalties for offenses.
A. It shall be unlawful for any person, firm or corporation to
construct, alter, repair, move, demolish,equip, use, occupy or
maintain any building or structure or portion thereof in viola-
tion of any provision of this local law;or to fail in any manner
to comply with a notice, directive or order of the Building
Inspector; or to construct, alter or use and occupy any build-
ing or structure or part thereof in a manner not permitted by
an approved building permit or certificate of occupancy.
B. Any person who shall fail to comply with a written order of
the Building Inspector within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contrac-
tor, subcontractor,construction superintendent or their agents
or any other person taking part or assisting in the construc-
tion or use of any building,who shall violate any of the appli-
cable provisions of this local law or any lawful order, notice,
directive, permit or certificate of the Building Inspector made
thereunder, shall be guilty of a misdemeanor which shall be
punishable by a fine of not more than five hundred dollars
($500.) or thirty (30) days in jail, or both. Each day that a
violation continues shall be deemed a separate misdemeanor.
C. Any violation of this local law is a misdemeanor. Such viola-
• tion shall also subject any person violating the same to a civil
penalty in the sum of one hundred dollars($100.), recoverable
in a civil action brought by, or on behalf of, the Town of
Mamaroneck. When a violation of any part of the provision of
this local law is continuous,each twenty-four(24)hours there-
of shall constitute a separate and distinct violation.
1415 11-25-85
§ 14-17 MAMARONECK CODE § 14-20
D. Appropriate actions and proceedings may be taken at law or
in equity to prevent unlawful construction or to restrain, cor-
rect or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, con-
duct or business in or about any premises; and these remedies
shall be in addition to the penalties prescribed in the preced-
ing subsection.
•
ARTICLE III
Fees; Encroachments; Wood Shingles
§ 14-18. Fees.
Such fees shall be charged as are, from time to time, adopted by
resolution of the Town Board for the issuance of permits and certifi-
cates of occupancy and for inspections.
§ 14-19. Existing encroachments.
Parts of buildings which already project beyond the building line
may be maintained as constructed, provided that the Building In-
spector of the Town of Mamaroneck has certified that the mainte-
nance of such encroachment shall not in any way endanger the pub-
lic or adjoining properties.
§ 14-20. Wood shingles.
The use of wood shingles on roofs and parapets is expressly prohib-
ited on any and all buildings intended for human occupation any-
where within the town. The only exceptions are public sheds in pub-
lic parks and such other structures as the Town Board may, after
public notice and hearing, permit in special or exceptional cases •
which do not endanger public health or safety. Wood shingles are
permitted, however, as siding on single-family dwellings and as sid-
ing on one- and two-story attached, fire-separated, single-family
dwelling units.
1416 11-25-85
§ 14-21 BUILDING CODE § 14-23
ARTICLE IV
Electrical Control
§ 14-21. Purpose.
Since there is danger to life and property inherent in the use of
electrical energy, this local law shall regulate the design, installation,
• alteration, replacement, maintenance, repair and inspection of wir-
ing for electric light, power, heat, signal systems and other uses op-
erating in excess of fifty(50)volts, and the installation of all electri-
cal equipment and apparatus operating in excess of fifty (50) volts
located in or on any real property in the Town of Mamaroneck,
County of Westchester, State of New York.
§ 14-22. National Code adopted.
All electrical installations heretofore mentioned shall be made in
conformity with the requirements of the National Electrical Code
except when the provisions of this local law or any other local law,
ordinance or building code of the Town of Mamaroneck shall pre-
scribe differently, in which event compliance with the provisions of
such local law, ordinance or building code shall be recognized as
proper compliance with this local law. The requirements of the Na-
tional Electrical Code shall be those known as"National Fire Protec-
tion Association Pamphlet No. 70," as approved and adopted by the
American Standards Association.
§ 14-23. Enforcing agency designated.
The Chief Inspector and each of the duly appointed inspectors of
the New York Board of Fire Underwriters Electrical Bureau are
hereby authorized and deputized as agents of the Town of Mamaro-
neck to make inspections and reinspections of all electrical installa-
tions heretofore and hereafter described and to approve or disap-
prove the same. In no event, however, will the cost or expense of such
inspections and reinspections be a charge against the Town of Ma-
maroneck. Whenever reference is hereinafter made to the "Inspec-
tor,"such reference shall be to the aforesaid Chief Inspector or to any
of said duly appointed inspectors of the New York Board of Fire
Underwriters.
1417 ii-25-85
§ 14-24 MAMARONECK CODE § 14-25
§ 14-24. Duties of inspector.
It shall be the duty of the Inspector upon making an inspection or
reinspection of any electrical installation in or on real property in the
Town of Mamaroneck to issue a written report to the Building In-
spector, whose duty it shall be to enforce all the provisions of the
Electrical Code. The Inspector shall make inspections and reinspec-
tions of electrical installations, devices, appliances and equipment in
and on properties in the Town of Mamaroneck upon the written re-
quest of an authorized official of the Town of Mamaroneck, upon the
written request of the owner of a building in the Town of Mamaro-
neck or his electrical contractor or upon his own volition. In the event
of an emergency, it is the duty of the Inspector to make electrical
inspections upon the oral request of an authorized official of the
Town of Mamaroneck. It shall be the duty of the Inspector to furnish
written reports of all inspections to the Building Inspector or to the
proper officials of the Town of Mamaroneck and to the owners
and/or lessees of property where defective electrical installations and
equipment are found upon inspection. He shall authorize the issuing
of a certificate of compliance when electrical installations and
equipment are in conformity with the Electrical Code. He shall send
a copy of said certificate of compliance to the Clerk of the Town of
Mamaroneck, to the owner, lessee or electrical contractor involved or
to any official designated to receive such certificates or reports.
§ 14-25. Penalties for offenses.
A. It shall be a violation of the Electrical Code for any person,
firm or corporation to install or cause to be installed or to
alter or repair electrical wiring for light, heat or power in or
on properties in the Town of Mamaroneck until an applica-
tion for inspection has been filed with the New York Board of
Fire Underwriters. It shall be a violation of the Electrical •
Code for a person, firm or corporation to connect or cause to
be connected electrical wiring for light, heat or power in or
on premises in the Town of Mamaroneck to any source of
electrical energy supply prior to the issuance of a temporary
or a final certificate of compliance by the New York Board of
Fire Underwriters Electrical Bureau.
1418 11-25-85
§ 14-25 BUILDING CODE § 14-26
B. Any person, firm, entity or corporation and/or principal of a
corporation found to be in violation of any provision of this
local law shall be guilty of an offense and, upon conviction
thereof, shall be fined in an amount not exceeding two
hundred fifty dollars ($250.) for each violation and/or up to
fifteen (15) days imprisonment for the active officer. Each
week in which such violation shall continue shall be deemed a
separate offense.
C. In the event that any person, firm, entity or corporation
and/or principal of a corporation shall continue a violation,
and the Town Board shall make a finding that such violation
is detrimental to the health, safety or general welfare of the
inhabitants of the town, then the Town Board may direct the
town's attorney to apply to the Supreme Court for relief, di-
recting that the violation be corrected or removed and that all
costs and expenses incurred by the Town of Mamaroneck in
connection with such proceeding, including the actual cost of
correction or removal of the condition causing the violation,
shall be assessed against the offender and shall be added to
the next year's tax roll and become a lien against said proper-
ty. The Town Board may direct, by resolution, that the town
may correct violations creating emergency conditions of
danger by forthwith entering the property and correcting the
violation and assessing the cost of same to the violator as set
forth above.
§ 14-26. Exceptions.
The provisions of the Electrical Code shall not apply to electrical
installations in railway cars, automotive equipment or the installa-
tions or equipment employed by a railway, electrical or communica-
tion utility in the exercise of its function as such utility and located
• outdoors or in buildings used exclusively for that purpose. The Elec-
trical Code shall not apply to any work involved in the manufacture,
assembly, testing or repair of electrical machinery, apparatus, mate-
rials and equipment by a person, firm or corporation engaged in
electrical manufacturing or repair as its principal business. It shall
not apply to any building which is owned or leased in its entirety by
the government of the United States or the State of New York.
1419 11-25-85
§ 14-27 MAMARONECK CODE § 14-28
§ 14-27. Construal of provisions.
The Electrical Code shall not be construed to relieve from or lessen
the responsibility of any person owning, operating, controlling or in-
stalling any electrical wiring, devices, appliances or equipment for
loss of life or damage to a person or property caused by any defect
therein, nor shall the Town of Mamaroneck or the New York Board
of Fire Underwriters be deemed to have assumed any such liability
by reason of any inspection made pursuant to the Electrical Code. 11111
ARTICLE V
Outdoor Advertising Signs
§ 14-28. Definitions.
As used in this Article, the following terms shall have the mean-
ings indicated:
BUILDING INSPECTOR or INSPECTOR OF BUILDINGS
—The Inspector of Buildings in the Town of Mamaroneck or
other officer duly authorized to perform his duties.
FRONT OR FACE OF A BUILDING — The general outer
surface of the building abutting or fronting upon any street
or public highway.
PERSON — One (1) or more persons, corporations, partner-
ships, associations, joint-stock companies, societies and all
other entities of any kind capable of being sued.
PROJECTING SIGN — Any sign which is erected or main-
tained over any street, sidewalk, alley or highway within the
Town of Mamaroneck.
ROOF SIGN — A sign erected upon or above the roof of a
building, but shall not include a pylon or other structure •
which protrudes above the roof and is an integral part of the
building upon which the same is attached.
SIGN or SIGNS —Any material or structure or part thereof
composed of lettered or pictorial matter or upon which let-
tered or pictorial matter is placed which is used outside of or
on the exterior of any building for display of an advertise-
1420 11-25-85
§ 14-28 BUILDING CODE § 14-31
ment, announcement, notice, directional matter or name, and
includes signs, billboards, signboards, illuminated signs or
ground signs, but does not include signs erected and main-
tained pursuant to and in discharge of any governmental
function.
STANDING SIGN —A sign not attached to a building.
•
§ 14-29. Permit required.
After the effective date of this local law and except as otherwise
herein provided, it shall be unlawful and a violation of this local law
for any person to erect, construct, paint, alter, relocate, reconstruct,
display or maintain or cause to be erected, constructed, displayed or
maintained within the Town of Mamaroneck any sign or signs with-
out first having obtained a written permit from the Building Inspec-
tor for such sign or signs and without having complied with the pro-
visions of this local law.
§ 14-30. Application for permit.
Any person desiring to procure a permit for a sign or signs shall
file with the Building Inspector of the Town of Mamaroneck a com-
pletely filled-out sign application, which shall contain:
A. A scale drawing showing the lettering and pictorial matter
composing the sign, a description of the construction details
of the sign structure and the intensity and type of lighting to
be provided.
B. A location plan showing the position of the sign on the build-
ing or premises.
® C. Such other information as the Building Inspector may re-
quire to show compliance with the provisions of this local law.
§ 14-31. Unsafe and unlawful signs.
A. Whenever it shall appear to the Building Inspector that any
sign has been constructed or erected or is being maintained
1421 11-25-85
§ 14-31 MAMARONECK CODE § 14-32
in violation of any of the terms of this local law or is unsafe
and insecure or is in such condition as to be a menace to the
safety of the public, he shall thereupon issue or cause to be
issued a notice in writing to the owner, if the whereabouts of
such owner is known, informing such person of the violation
of this local law or the dangerous condition of such sign and
directing him to make such alteration or repair thereto or to
do such things or acts as are necessary or advisable to place •
such structure in a safe, substantial and secure condition and
to make the same comply with the requirements of this local
law within such reasonable time as shall be stated in such
notice. Upon failure to comply with such notice within the
time specified, the Building Inspector may cause such sign or
such part thereof as is constructed or maintained in violation
of this local law to be removed and may charge the expense of
such removal to the person so notified; provided, however,
that nothing herein contained shall prevent the Building In-
spector from adopting such precautionary measures as may
be necessary or advisable in case of imminent danger to the
public or to adjoining property to place such sign in a safe
condition,the expense of which shall be paid by the owner.
B. Every person maintaining a sign shall, upon vacating the
premises where the sign is maintained, forthwith remove
such sign.
§ 14-32. Residential districts.
A. In residential districts, as established by the Zoning Ordi-
nance of the Town of Mamaroneck,4 no signs shall be erected
or maintained, except the following:
(1) Signs stating the name of the owner or occupant of the
premises or his profession or occupation or the street •
number of the premises or notice of vacancy of apart-
ments. Such signs are to be not more than one(1)square
foot in area and limited to one (1) sign per lot or plot
located not less than five (5) feet back from the street
line. No permit is required.
4 Editor's Note: See Ch.89,Zoning.
1422 11-25-85
§ 14-32 BUILDING CODE § 14-32
(2) Signs advertising the sale or rental of property on which
they are located shall be not more than six (6) square
feet in area and limited to one(1)sign for each lot or plot
and located on the building or, if standing signs, located
not less than the applicable minimum yard dimensions
for structures,as set forth in the Zoning Ordinance.
• (3) Signs advertising the sale of lots in a subdivision ap-
proved by the Planning Board of the Town of Mamaro-
neck consisting of two (2)or more lots shall be not more
than six (6) feet wide or four (4) feet high and mounted
as a standing sign such that the top shall not be higher
than ten (10)feet above the ground upon which it is situ-
ated. Such signs shall be limited to one (1) sign for each
street on which the subdivision has frontage and located
within the subdivision and not less than the applicable
minimum yard dimensions for structure as set forth in
the Zoning Ordinance.
(4) Signs giving the name of the person making alterations
or repairs to the premises upon which such sign is erect-
ed, but only during the period of such repairs, shall be
not more than six(6)square feet in area and limited one
(1) sign for each lot or plot and located on the building
or, if standing signs, located not less than the applicable
minimum yard dimensions for structures as set forth in
the Zoning Ordinance. No permit is required.
(5) Signs on premises during the period of new construction
giving the name of the architect, contractor or builder
shall be not more than six (6) square feet in area and
limited to a maximum of two (2) signs per plot and lo-
cated on the building or, if standing signs, located not
less than the applicable minimum yard dimensions as
set forth in the Zoning Ordinance. No permit is required.
(6) Signs customarily incident to churches and places of
worship.
B. The signs listed in this section must be located on the prem-
ises to which they pertain. There shall be no roof or project-
ing signs.
1423 11-25-85
§ 14-33 MAMARONECK CODE § 14-33
§ 14-33. Business districts and light industry districts.
In business districts and light industry districts, as established by
the Zoning Ordinance of the Town of Mamaroneck,5 no sign shall be
erected or maintained except the following signs and unless such
signs comply with the following provisions,but any sign permitted in
a residential district shall be permitted in business and light indus-
try districts:
A. A sign attached to the wall of a building, which sign shall
advertise only the business conducted on the premises, may
be placed only upon the front or face of a building as defined
in this local law, and must be constructed and maintained flat
or parallel with the building wall to which it is attached, and
shall not extend more than eighteen (18) inches from such
exterior building wall.
B. The maximum vertical dimension or height of such sign as
permitted in Subsection A above shall be thirty-six (36)
inches, except that the maximum height of lettering or pic-
torial matter shall not exceed twenty-four (24) inches unless
such sign is composed entirely of separate letters attached di-
rectly to the wall of a building, in which case the letters shall
not exceed thirty-six(36)inches in height.The maximum hori-
zontal dimension or length of such sign shall not exceed the
length of the street frontage of the business establishment up-
on which such sign is erected or maintained, but no sign shall
exceed fifty (50) feet in length on any street frontage for the
same business. The lower edge of such sign shall not be locat-
ed above the level of the floor of the second story of the build-
ing upon which the sign is placed or maintained, and no such
sign shall extend beyond the top or ends of the building sur-
face upon which it is placed or otherwise attached. More than
one (1) sign for each business establishment is permitted,
provided that the combined signs do not exceed the maxi-
mum limitations for a single sign as herein prescribed.
C. No roof sign shall be permitted in a business district or light
industry district.
5 Editor's Note: See Ch.89,Zoning.
1424 11-25-85
§ 14-33 BUILDING CODE § 14-33
D. One(1)standing sign of overall outline area of not more than
thirty(30)square feet per sign which may refer to any single
business enterprise whose building, or part thereof, is seven-
ty-five(75)feet or longer, measured parallel to the street. For
a single business use on a plot having over one hundred fifty
(150) feet in frontage, two (2) standing signs will be allowed.
A standing sign shall be oriented to generally face the street
to which it is adjacent, and all parts thereof shall be back of
the street lines. No part of any standing sign shall be more
than fifteen(15)feet above the ground upon which the sign is
located.
E. Signs mounted on a pylon, which is an integral part of a
building but not constituting a building wall, may be consid-
ered as, and substituted for, standing signs as permitted in
Subsection D above, except that signs on a pylon shall not
extend beyond the top or edges of the pylon and the height of
the top of such signs shall not be higher than the height of the
building permitted under the Zoning Ordinance.
F. Necessary entrance or directional signs for required parking
areas not more than five (5) square feet in size located on the
exterior of the building, which shall be placed as provided for
in Subsection A of this section. Such signs may also be stand-
ing signs but must be located back of the street lines.
G. Signs identifying the builder or contractor in connection with
buildings under construction for which a building permit has
been issued and is in effect but only during the period of con-
struction, not more than forty-eight (48) square feet in size
and located on the building as provided for in Subsections A
and B of this section, or, if standing, to be mounted as pro-
vided for in Subsection D of this section, but not less than
twenty-five(25)feet back of the street line.
• H. No sign permitted under Subsections A through G inclusive
of this section, shall face any adjoining lot in a residential
zone.
I. At the entrance of buildings with business establishments
above the first floor, name plates of uniform design and ap-
pearance at the entrance of each such building and not more
than eighteen (18) inches in height may be mounted at the
1425 11-25-s5
§ 14-33 MAMARONECK CODE § 14-34
sides of such entrance, provided that they are placed flat
against the wall adjacent to the entrance.
J. Signs that otherwise comply with appropriate sections of this
local law may bear either the name of the proprietor of the
business conducted, the nature of the business, the goods sold
or the services rendered on the premises, or any or all of
them.
•K. Signs that otherwise comply with the appropriate sections of
this local law may be attached flat and parallel upon the wall
of the building and permitted to extend over a public side-
walk, alleyway, highway, or street, provided that such sign
shall not project more than eighteen(18) inches from the face
of the building, and, if illuminated, then shields, hoods, or
arms for such illumination shall not project more than two(2)
feet from the building.
L. Any sign now or hereafter existing which no longer adver-
tises a bona fide business conducted or a product sold shall be
taken down and removed by the owner, agent or person hav-
ing the beneficial use of the building or structure upon which
such sign may be found within ten (10) days after written
notification from the Building Inspector, and, upon failure to
comply with such notice within the time specified in such
order, the Building Inspector is hereby authorized to cause
removal of such sign, and any expense incident thereto shall
be paid by the owner of the building or structure to which
such sign is attached.
§ 14-34. Office building districts.
No sign shall be erected or maintained in the Office Building Dis-
tricts, OB-1 and OB-2, as established by the Zoning Ordinance of the
Town of Mamaroneck,6 except the following, but any sign permitted
410
in a residence district shall be permitted in office building districts:
A. Signs announcing the name of the occupant or occupants of
the building not more than thirty(30) square feet in size and
limited to one(1)for each building and located on the exterior
of the building.
s Editor's Note: See Ch.89,Zoning.
1426 11-25-85
§ 14-34 BUILDING CODE § 14-35
B. Standing signs, announcing the name of the occupant or oc-
cupants of the building, erected on the premises shall be
permitted as provided for in § 14-33D of this local law, ex-
cept that such standing signs shall be not less than fifteen(15)
feet from any street line.
C. Necessary entrance, exit or directional signs for required
parking areas not more than five(5)square feet in size locat-
• ed on the exterior of the building or standing signs, which
standing signs must be back of the street line.
D. No roof signs or projecting signs shall be permitted on any
building in any office building district.
E. Nameplates as provided for in§ 14-33I shall be permitted.
§ 14-35. Illuminated signs, special signs and illumination of
buildings.
A. No illuminated signs shall be permitted in any residential
districts.
B. No exterior signs on any building or premises shall be illumi-
nated after 12:00 midnight except on those places of business
which shall remain open after 12:00 midnight, and they shall
be extinguished at the time of closing of such business.
C. Illuminated signs shall be nonflashing and shall employ only
light sources that are so located that no source of illumination
is exposed, except that neon signs or other exposed-glowing-
glass-tube type, or exposed-light-source type signs or attach-
ments that swing, revolve or otherwise move or special fix-
ture signs or devices, such as signs with clocks, barometers,
thermometers or other moving indicators, and signs with
luminous paint or other metallic sparkle type paint, existing
as of the effective date of this local law,shall be permitted for
the duration of their useful life, but in no event longer than
five (5) years and shall not be replaced. If any signs existing
as of the effective date of this local law are of the flashing
type, such signs so existing shall be removed or converted to a
nonflashing type of sign which may then be permitted for the
1427 11-25-85
§ 14-35 MAMARONECK CODE § 14-36
duration of their useful life as so converted, but in no event
longer than five(5)years, and shall not be replaced.
D. No illuminated sign or light-producing device shall be so lo-
cated as to be in the direct line of vision to and beyond a
traffic light from any point in the street serviced by such
traffic light.
E. Signs having wholly or partly illuminated surfaces shall have
a maximum nighttime illumination level of twenty (20) foot-
candles measured at a distance of twenty-five (25) feet at
right angles from the face of the sign.
F. No ornamental lighting device attached to or used in connec-
tion with exterior parts of a building shall be permitted, ex-
cept that any such lighting device existing as of the date this
local law becomes effective may continue for a period of
thirty (30) days thereafter. Nothing contained in this section
shall apply to the regulations for illumination of parking lots
and other spaces for the sale or display of motor vehicles and
other goods and automobile washing establishments as con-
tained in §§ 14-52 through 14-56, inclusive, of the Building
Code of the Town of Mamaroneck.
G. Except as specifically permitted in this local law, neon or
glowing-glass-tube-type lighting; signs with parts or attach-
ments that swing, revolve or otherwise move; signs with
clocks, barometers,thermometers or other moving indicators;
signs with luminous paint or with metallic-sparkle type paint;
or other neon or glowing-glass-tube-type lighting or any in-
termittent or flashing lighting on or about the exterior of a
building for any purpose is prohibited.
§ 14-36. Safety. •
A. No signs shall be erected in such a manner as to obstruct free
egress from any window, door or fire escape, or so as to be-
come a menace to life, health or property.
B. All signs affixed to any wall or building shall be securely fas-
tened thereto.
1428 11-25-85
§ 14-36 BUILDING CODE § 14-37
C. All signs illuminated by electricity shall conform with re-
spect to wiring and appliances to the provisions of the Build-
ing Code of the Town of Mamaroneck relating to electrical
control.'
• § 14-37. Variances.
The Town Board of the Town of Mamaroneck may, in appropriate
cases and after public hearing and subject to appropriate conditions
and safeguards, vary or modify the application of the sign regula-
tions prescribed in this local law in harmony with the general pur-
pose and intent as follows:
A. The Town Board may permit signs to be erected or main-
tained which do not comply with the regulations herein pre-
scribed for business and light industry districts or projecting
signs, provided that the Town Board of the Town of Mamaro-
neck determines that the applicant is entitled to some relief
and that such relief will not be detrimental to the neighbor-
hood in which the sign is located.
B. The Town Board may permit standing signs to be erected
and maintained upon vacant property or open unoccupied
areas; provided, however, that such signs so permitted shall
not exceed the equivalent of sign space allowed under the
regulations prescribed for the district within which the sign
is located.
C. Any variance granted shall be limited to a period not to ex-
ceed two (2) years from the date granted, with the right to
appeal to the Town Board of the Town of Mamaroneck for
• renewal. The foregoing variance powers shall not be deemed
to limit the general variance powers of the Town Board of the
Town of Mamaroneck allowed or provided for in the Building
Code of the Town of Mamaroneck and shall be deemed in
addition thereto.
'Editor's Note: See Art IV,Electrical Control.
1429 11-25-85
§ 14-38 MAMARONECK CODE § 14-41
ARTICLE VI
Excavations
§ 14-38. Temporary support.
Until permanent support has been provided, all excavations shall
be safeguarded and protected by the person causing the excavations
to be made, to avoid all danger of injury or property damage. Where •
necessary, such excavations shall be retained by temporary retaining
walls, sheet piling and bracing, or other approved method to support
the adjoining earth.
§ 14-39. Examination of adjoining property.
Before any excavation or demolition is undertaken, permission to
enter upon adjoining property for the purpose of physical examina-
tion shall be afforded by the owner and tenants of such adjoining
property to the person undertaking the excavation or demolition,
prior to the commencement and at reasonable periods during the
progress of the work.
§ 14-40. Notice to Building Inspector.
If the person who causes an excavation to be made or an existing
structure to be demolished has reason to believe that an adjoining
structure is unsafe, that person shall forthwith report in writing to
the Building Inspector. The Building Inspector shall inspect such
premises, and if the structure is found unsafe, the Building Inspector
shall order it repaired as provided in the Town of Mamaroneck Un-
safe Buildings Law.8
§ 14-41. Responsibility of owner of adjoining property. •
The person making or causing an excavation to be made shall, be-
fore starting work, give at least a one-week notice in writing to the
owner of each neighboring building or structure, the safety of which
may be affected. After receiving consent to enter a building, struc-
8 Editor's Note: See Ch.15,Buildings,Unsafe.
1430 1 i-25-85
§ 14-41 BUILDING CODE § 14-44
ture or premises, such person shall make the necessary provisions to
protect it structurally and to insure it against damage by the ele-
ments which may ensue from such excavation. If license to enter is
not afforded, then the adjoining owner shall have the entire respon-
sibility of providing both temporary and permanent support of his
premises at his own expense. For that purpose, the adjoining owner
shall be afforded permission, when necessary, to enter the property
where the excavation is to be made.
§ 14-42. Excavation for purposes other than construction.
Excavations made for the purpose of removing soil, earth, sand,
gravel, rock or other materials shall be performed in such a manner
as will prevent injury to neighboring properties or to the streets
which adjoin the lot where such materials are excavated and to safe-
guard the general public health and welfare.
§ 14-43. Permits required.
No excavation may take place unless all permits required by law
are obtained.
ARTICLE VII
Private Swimming Pools
§ 14-44. Definitions.
For the purpose of this Article, the terms used herein are des-
cribed as follows:
SWIMMING POOL — Any private pool, whether perman-
• ently constructed or of the portable type, having a depth of
more than eighteen (18) inches below the level of the sur-
rounding land, or an above-surface pool, having a depth of
more than two(2)feet or an area of one hundred fifteen (115)
square feet or greater, designed, used and maintained for
swimming or bathing purposes by an individual for use of
members of his household and guests, whether located in-
1431 II-25-85
§ 14-44 MAMARONECK CODE § 14-47
doors or on the applicant's land as an accessory use to a resi-
dence, and shall include all buildings, structures, equipment
and appurtenances thereto.
WADING POOL— A portable or permanent pool, container,
device or structure manufactured and sold as a wading pool
or play pool or so placed upon the ground that, when filled
with water, it is suitable for or is used as a swimming, wad-
ing411
or play pool for children, and the depth of which is two(2)
feet or less.
§ 14-45. Accessory use;variance.
A. A swimming pool may be permitted in any zoning district
only as an accessory structure to a principal building used for
residential purposes and shall be located on the same lot with
the principal building. Said pool shall be for the exclusive use
of the occupants of the principal building and their guests.
B. A swimming pool may be permitted in any zoning district
when said use is not an accessory structure to a principal
building used for residential purposes only upon application
to the Zoning Board of Appeals in accordance with this local
law.
§ 14-46. Permit required.
No person shall construct, build, erect or enlarge a swimming pool
until he shall have first obtained a permit therefor.
§ 14-47. Application for permit.
Each application for a building permit to construct, build, erect, •
alter or enlarge a swimming pool shall be accompanied by plans in
sufficient detail to show:
A. A topographical survey of the property on which the pool is to
be placed, showing the location of the pool in relation to all
property lines and other buildings and appurtenances on the
lot.
1432 11-25-85
§ 14-47 BUILDING CODE § 14-48
B. Pool dimensions, depth and volume in gallons;cross sections.
C. A waste disposal system.
D. Pool equipment showing details of the filters,pump, chlorina-
tor, strainers and hair and lint interceptors.
E. Drains and drainage from the pool structure to a sanitary
® sewer.
F. The location of a fence and screening around the pool.
G. An estimate of the cost of said pool.
§ 14-48. Issuance of permit.
No permit shall be issued under the provisions of this local law
unless the proposed swimming pool or the alterations to an existing
swimming pool shall comply with the following requirements:
A. Location. The edge of any swimming pool, deck or walk shall
not be constructed, installed, located, maintained or operated
within:
(1) Fifteen(15)feet of any side yard lot line, accessory struc-
ture, principal structure or accessory structure attached
thereto.
(2) Twenty(20)feet of any rear lot line.
(3) The required front or side yards of any residential prop-
erty.
(4) Twenty-five(25)feet of a septic tank or leaching field.
B. Construction. All materials used in the construction of any
swimming pool shall be of durable quality, as determined by
the Building Inspector, and waterproof, and so designed as to
110 facilitate emptying and cleaning the bottom and sides of the
pool. Pool sides shall be smooth and free from cracks and open
joints and be light in color. Inlets shall be so located and
spaced as to ensure satisfactory dispersion of inflowing wa-
ters throughout the pool and to permit the draining, cleaning
and disinfection of the bottom and sides. Sand, earth or wood-
1433 1 1-25-85
§ 14-48 MAMARONECK CODE § 14-48
en bottoms are prohibited. They shall be so constructed that
the area adjacent thereto shall pitch away from the pool, and
the top of the pool coping shall be at least two(2)inches above
the surface of the area surrounding the pool deck.
C. Water supply. There shall be no cross connections between
the piping system of a swimming pool and a potable water
system. If water is supplied from a potable water system, the •
inlet or fill pipe shall be located at least six (6) inches above
the overflow level of such pool.
D. Drainage. There shall be provided at least one(1)metal-grat-
ed outlet for the drainage of pool water through the use of the
filter pump or otherwise and for backwash water disposal.
Such outlet shall have an area of openings at least four (4)
times the cross-sectional area of the required drainpipe, and
the drainpipe shall be equipped with a gate valve located out-
side the walls of the pool. The drain outlet and drain piping
therefrom shall be of such size as to permit the pool to be
completely drained in a period of twelve (12) hours for pri-
vate family-use pools, and of four(4)hours for other pools, but
shall be not less than three(3)inches in size.
E. Enclosure. Every swimming pool having a depth of eighteen
(18) inches below the level of the land surrounding the pool,
or, in the case of above-surface pools having a depth of more
than two (2) feet or an area of one hundred fifteen (115)
square feet or greater shall, within sixty (60) days from the
enactment of this local law, be completely surrounded by a
fence or wall of substantial construction, as determined by
the Building Inspector, not less than four (4) feet and not
more than six (6)feet in height. Such portion of fencing over
four(4)feet in height must be located within twenty-five(25)
feet from said pool and not extend into any side or front yard.
The fence shall be so constructed as not to have openings, •
holes or gaps larger than two (2) inches in any dimension. A
dwelling or accessory building may be used as part of such
enclosure. All gates or doors opening through such enclosure
shall be equipped with a self-closing and self-latching device
for keeping the gate or door securely closed at all times. All
gates shall be at the same height as the fence. An above-
1434 11-25_85
§ 14-48 BUILDING CODE § 14-48
ground pool with no part of its side-wall height less than four
(4)feet above ground and so constructed by the manufacturer
that the vertical sides are smooth, sheer and do not provide
any means for intermediate foot- or handholds shall be ex-
empt from the full provisions of the above fence require-
ments. However, a full-height fence with a self-closing, self-
locking gate capable of being locked with its latch located
only on the inside of the gate shall enclose the ladder area not
less than four (4) feet in width and four (4) feet in depth, and
the ladder shall remain permanently therein. Aboveground
pools provided with foot- or handholds (draw-handed) and
aboveground pools with less than four (4) feet of its sidewall
height above ground are not exempt from the full fencing
requirements.
F. Screening. Screening as is deemed necessary by the Building
Inspector may be required by him.
G. Lighting and wiring. Lights used to illuminate any swim-
ming pool shall be so arranged and shielded as to reflect light
away from adjoining premises. Electrical fixtures, wiring
and installation therefor used in connection with the swim-
ming pool shall conform to the National Board of Fire Un-
derwriters for Electrical Wiring and Apparatus. All wiring
for such installation shall be underground.
H. Disposition of waste water. All wastewater shall be discharged
into a public storm drain, sanitary sewer or drainage ditch,
brook or stream. Where wastewater cannot be disposed of be-
cause of the lack of the above-mentioned facilities, it shall be
disposed of by means of a dry well or series of wells, provided
that such wastewater will not overflow in any instance onto
abutting property or flood the existing leaching fields of a
septic tank system.
I. Filtering, sterilizing and auxiliary equipment. Filtering,
sterilizing and auxiliary equipment shall be adequate to
maintain the sanitary quality of pool water during each peri-
od the pool is in use. Equipment containing gases or disinfec-
tants capable of giving off irritating, toxic or flammable
fumes shall be located in ventilated rooms or structures. All
1435 11-25-85
§ 14-48 MAMARONECK CODE § 14-51
rooms or structures shall be well lighted and equipped with
safeguards in case of chlorine leaks. All equipment shall be so
constructed or housed so that it may be used without causing
any noise or disturbance to persons residing adjacent to or
near the pool.
J. Diving boards. No diving board or platform shall be used or
installed in connection with any swimming pool having a •
depth of less than eight (8) feet. In swimming pools of eight
(8) feet to eleven (11) feet in depth, diving boards may be in-
stalled for use in the deep area, provided that they are not
more than three(3)feet above water level. In pools over elev-
en (11)feet in depth, standard diving towers may be installed
for use in the deep area.
§ 14-49. Abandoned swimming pools.
If any swimming pool shall be abandoned or permanently discon-
tinued, it shall be filled in, regraded or dismantled and removed
from the property. All required enclosure fencing over four (4) feet
in height shall be altered or taken down to comply with this code.
§ 14-50. Inspection.
After a permit has been issued under the provisions of this local
law, all work thereunder shall be subject to inspection by the Build-
ing Inspector at all times until completion to ascertain that all provi-
sions of this local law and all provisions of the application are being
complied with. The Inspector shall have the authority to stop any
part of the work being done under any permit which is not issued in
conformity with the application of the permit or with the provisions
of this local law.
§ 14-51. Wading pools.
No person shall leave a wading pool uncovered and unattended in
such a location or in such a manner as to create a hazard to children
living in the neighborhood. No wading pool shall be located in the
required front or side yards on any property.
1436 11-25-85
§ 14-52 BUILDING CODE § 14-54
ARTICLE VIII
Outdoor Illumination
§ 14-52. Parking lots.
Parking lots, including those used as accessories to retail busi-
nesses which are to be operated or used after daylight hours, shall be
• adequately illuminated, and the minimum illumination shall be one-
tenth (1/10)of one(1)watt per square foot of parking area distribut-
ed over the entire area. Lights shall be provided with reflectors ar-
ranged so that the illumination is directed downward and away from
adjacent buildings at any street or highway which adjoins the park-
ing lot. Shaded floodlights may also be used on the premises, but
where used, such floodlights shall not interfere with the comfort of
adjacent residents, with the traffic lights and signals on streets or
highways adjacent to the parking lots or impair the ability of persons
driving vehicles on such highways to safely operate such vehicles.
§ 14-53. Sales lots.
Every light used for the illumination of a lot used for the sale or
display of motor vehicles or the sale of other merchandise, if permit-
ted by the Zoning Ordinance,9 and car-washing establishments shall
be provided with an opaque shade which shall extend downward or
in the direction of the axis of the bulb as far as the filament may
extend so as to entirely cover the bulb. All lights shall be shielded so
that no light will be transmitted directly to adjoining property or to
the street, except that the sidewalk area immediately abutting the
premises may be illuminated by lights on the premises. Shaded spot-
lighting shall be so arranged that the lighting is projected in a
downward direction. All lights or lighting standards or fixtures shall
be entirely within the lot lines of the premises.
1111
§ 14-54. Signs.
All signs used on or in connection with parking lots, lots used for
the sale of motor vehicles and other goods, and automobile-washing
establishments shall comply with the provisions of the Building Code
and Zoning Ordinance with respect to signs.
9 Editor's Note: See Ch.89,Zoning.
1437 11-25-85
§ 14-55 MAMARONECK CODE § 14-57
§ 14-55. Inspection.
It shall be the duty of the Building Inspector to make an annual
inspection of all parking lots and motor vehicle sales lots in the Town
of Mamaroneck outside of the villages to which this local law applies,
and to issue a certificate of inspection to the owner of each such park-
ing lot and motor vehicle sales lot so inspected, provided that it meets
with standards established in this local law, and such certificate shall •
be authorization for the continued operation of such parking lot and
motor vehicle sales lot. Failure to possess a proper certificate of in-
spection shall be considered to be a violation of this local law. The
fees to be charged by the Building Inspector for this issuance of the
certificate under this local law shall be as set forth in the fee
schedule.
§ 14-56. Temporary relief permits.
Whenever it has been adequately demonstrated to the Building In-
spector that compliance with the terms of this local law cannot be
effectively and immediately made, the Building Inspector shall have
the authority to grant a temporary permit for the continued opera-
tion of such nonconforming equipment, but only in the event that the
owner has taken all necessary steps to secure compliance with this
local law. Such temporary permit shall be issued for no longer a
period than three (3) months, at the expiration of which period of
time the owner holding such temporary permit shall be deemed to be
in violation of the provisions of this local law.
ARTICLE IX
Miscellaneous Provisions
§ 14-57. Penalties for offenses.
Except as otherwise provided in § 14-17, any person violating any •
of the provisions of this local law, as the same may be from time to
time amended, for which no other penalty is provided, shall be guilty
of a misdemeanor punishable by imprisonment for not more than one
(1)year or by a fine of not more than five hundred dollars($500.), or
both. Any abatement hereinbefore provided for shall be in addition
to any penalties prescribed in this section.
1438 11-25-85
§ 14-58 BUILDING CODE § 14-60
§ 14-58. Appeals.
Any person, firm or corporation aggrieved by any order, ruling,
direction or determination of the Building Inspector, or upon any
failure of the Building Inspector to approve within sixty (60) days
after a completed application for permission for the construction of a
building or structure pursuant to the provisions of the State Building
Code or plans and specifications submitted with any such applica-
® tion, may apply to the State Building Construction Board of Review
thereof, pursuant to the provisions of the Executive Law and the
rules and regulations adopted hereafter by such Board of Review or
the State Building Code Council. An application shall not be consid-
ered a completed application until all necessary forms, documents
and fees have been submitted to the Building Inspector and after the
application has been submitted for review to the Zoning Board,
Planning Board, Architectural Review Board or any other board or
commission which the laws and ordinances of the Town of Mamaro-
neck require to review said application prior to the issuance of a
building permit.
§ 14-59. Severability.
If any term, part, provision, section, subdivision or paragraph of
this law shall be held unconstitutional, invalid or ineffective, in whole
or in part, such determination shall not be demed to invalidate the
remaining terms, parts, provisions, sections, subdivisions and para-
graphs thereof.
§ 14-60. When effective.
This local law shall take effect immediately upon enactment, pub-
lication and posting as required by law.
•
1439 11-25-85
§ 15-1 BUILDINGS, UNSAFE § 15-1
Chapter 15
BUILDINGS, UNSAFE
Local Law
No. 6
1984
A LOCAL LAW ENTITLED"UNSAFE BUILDINGS"
§ 15-1. Purpose.
§ 15-2. Inspections and notices.
§ 15-3. Emergencies.
§ 15-4. Filing of notices.
§ 15-5. Hearings.
§ 15-6. Costs.
§ 15-7. Severability.
§ 15-8. When effective.
[HISTORY: Adopted by the Town Baord of the Town of Ma-
maroneck 10-17-84 as Local Law No. 6, 1984. Amendments no-
ted where applicable]
GENERAL REFERENCES
Building Code—See Ch.14.
Fire Prevention Code—See Ch.27.
Plumbing Code—See Ch.60.
Property maintenance—See Ch.61.
•
Be it enacted by the Town Board of the Town of Mamaroneck, as
follows:
§ 15-1. Purpose.
The purpose of this local law is to provide for the removal or repair
of buildings in business, industrial and residential sections of the
1501 11-25-85
§ 15-1 MAMARONECK CODE § 15-2
Town of Mamaroneck that, from any cause, may now be or shall
hereafter become dangerous or unsafe to the public.
§ 15-2. Inspections and notices.
A. The Building Inspector or one of his designated representa-
tives shall inspect and record any dangerous or unsafe condi-
tion in any building or structure within the limits of the un •
-
incorporated area of the Town of Mamaroneck.
B. Should the Building Inspector or his designated representa-
tive determine that any building or structure is unsafe or
dangerous or that any dangerous or unsafe condition shall ex-
ist within any building or structure, he shall submit notice by
serving on the owner or one of the owner's executors, legal
representatives, agents, lessees or any other person having a
vested or contingent interest in the property, either personal-
ly or by registered mail, addressed to the last known address,
if any, of the owner or one of the owner's executors, legal rep-
resentatives, agents, lessees or other person having a vested
or contingent interest in same, as shown by the records of the
Receiver of Taxes and/or in the office of the County Clerk,
containing a description of the premises, a statement of the
particulars in which the building or structure is unsafe or
dangerous and an order requiring same to be made safe and
secure or removed. If such service is made by registered mail,
a copy of such notice shall be posted on the premises.
C. Such notice shall further provide that the person so served
shall commence the securing or removal of the buildings or
structures within ten(10)days of receipt of said notice.
D. In any instance where the Building Inspector shall determine
that an emergency condition exists which is dangerous to the
life or safety of any individual, he may require that the per-
son so served shall commence the securing or removal of the
buildings or structures within a period less than ten(10)days
from the receipt of said notice. However, in such instance, the
notice shall state that there is such an emergency condition
and shall specify both the condition and the time in which it
must be corrected.
1502 11-25-85
§ 15-3 BUILDINGS, UNSAFE § 15-5
§ 15-3. Emergencies.
Should the Building Inspector determine that such an unsafe or
dangerous condition exists within a building or structure, that said
building or structure constitutes an imminent threat to life, then the
Building Inspector may cause to be posted at each entrance of such
building a notice that said building is unsafe and its use or occupan-
• cy has been prohibited by the Building Department of the Town of
Mamaroneck and he shall further be permitted to require upon ser-
vice of such written notice upon the occupants of said building to
require their removal from said building until said building had
been secured or removed.
§ 15-4. Filing of notices.
A copy of any such notice served pursuant to § 15-2 shall be filed
in the office of the County Clerk of the County of Westchester which
notice shall be filed in the same manner as a notice of pendency pur-
suant to Article 65 of the Civil Practice Law and Rules, and shall
have the same effect as a notice of pendency, as therein provided,
except as otherwise hereinafter provided in this section. A notice so
filed shall be effective for a period of one (1) year from the date of
filing; provided, however, that it may be vacated upon the order of a
Judge or Justice of a court of record or upon the consent of the Coun-
sel to the town. The Clerk of the County where such notice is filed
shall mark such notice in any record or docket thereof as canceled of
record upon the presentation and filing of such consent or a certified
copy of such order.
§ 15-5. Hearings.
A. Upon noncompliance with the order to remove or make safe
ID and secure as provided in § 15-2 herein, a hearing shall be
held before the Town Board. Notice of the time and place
thereof shall be specified in the notice to repair or demolish
served upon the owner or such persons having an interest in
the property or structure as herein prescribed.
B. In the event that such owner fails or refuses to repair or re-
move the same within the time provided, the Town Board
1503 l 1-25-85
§ 15-5 MAMARONECK CODE § 15-8
shall be authorized to remove such building or structure after
a hearing as provided for in Subsection A of this section.
§ 15-6. Costs.
The cost and expense incurred by the town in connection with the
proceedings set forth in this local law for the correction of any unsafe
or dangerous condition or the removal by the town of any said build-
ing or structure upon the failure of the owner or other person noti-
fied to secure or remove the building or structure shall be assessed
against the land on which said building or structure is located by the
Assessor for the Town of Mamaroneck.
§ 15-7. Severability.
Should any portion of this local law be declared unconstitutional
by a court of competent jurisdiction, then such declaration shall not
cause any other section of this local law to become invalid.
§ 15-8. When effective.
This local law shall become effective immediately.
•
1504 -25-85
§ 16-1 CONSERVATION ADVISORY COMMISSION § 16-2
Chapter 16
CONSERVATION ADVISORY COMMISSION
§ 16-1. Name established.
• § 16-2. Powers and duties.
!HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 11-21-73 by resolution. Amendments noted where
applicable.
GENERAL REFERENCES
Conservation areas — See Ch. 18.
§ 16-1. Name established.
The Conservation Advisory Committee of the Town of
Mamaroneck' shall hereafter be known as the "Town of
Mamaroneck Conservation Advisory Commission," hereinafter
called the "Commission."
§ 16-2. Powers and duties.
The Commission shall have all of the powers and duties
provided for Conservation Advisory Councils created pursuant to
§ 239-x of Article 12-F of the General Municipal Law, while
remaining a trimunicipal body as presently constituted and to the
extent consistent with such character, and shall carry out such
• other duties as the Town Board may from time to time see fit to
assign, including those heretofore assigned to the Conservation
Advisory Committee, and shall carry out such other duties as are
provided or may be provided in the future for Conservation
Advisory Councils created pursuant to § 239-x of Article 12-F of
the General Municipal Law.
' Editor's Note: The Conservation Advisory Committee was previously established
by resolution adopted 8-5-64 and was a trimunicipal body including in its membership
residents of the Village of Larchmont and the Village of Mamaroneck.
1601 11-25-75
CONSERVATION AREAS
Chapter 17
CONSERVATION AREAS/
Local Law
® No. 3
1966
A LOCAL LAW TO REGULATE, PROTECT AND
PROMOTE THE ORDERLY USE OF CONSERVATION
AREAS IN THE TOWN OF MAMARONECK
§ 17-1. Title.
§ 17-2. Definitions.
§ 17-3. Hours of use.
§ 17-4. Disturbing areas or improvements.
§ 17-5. Property damage.
§ 17-6. Wildlife.
§ 17-7. Fire prevention.
§ 17-8. Littering.
§ 17-9. Sports.
§ 17-10. Camping and picnicking.
§ 17-11. Games.
§ 17-12. Animal damage to plantings.
§ 17-13. Disorderly conduct.
§ 17-14. Traffic regulations.
1 Editor's Note: For additional regulations concerning public lands, see Ch. 55,
Parks.
1701
§ 17-1 MAMARONECK CODE § 17-2
§ 17-15. Parking.
§ 17-16. Advertisements.
§ 17-17. Violations and penalties.
§ 17-18. Severability.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 11-2-66 as Local Law No. 3, 1966.] •
Be it enacted by the Town Board of the Town of
Mamaroneck, as follows:
§ 17-1. Title.
This local law shall be known and cited as Local Law No. 3,
1966, of the Town of Mamaroneck.
§ 17-2. Definitions.
Unless otherwise expressly stated, whenever used in this law,
the following terms shall be deemed to mean:
CONSERVATION COMMITTEE — The Conservation Ad-
visory Committee of the Town of Mamaroneck.
TOWN — The unincorporated area of the Town of
Mamaroneck.
CONSERVATION AREA — Any place or area in the •
Town of Mamaroneck legally set apart and accepted as
such and placed under the jurisdiction and care of the
Conservation Advisory Committee, including any lake,
pond, pool, river, brook or other body or stream of water,
either natural or artificial, located therein.
1702
§ 17-2 CONSERVATION AREAS § 17-5
PE'R'MIT — A written authorization for the exercise of a
specified privilege used by the Conservation Committee or
its duly appointed officer.
PERSONS — Shall mean any individual, firm or corpo-
ration and all other entities of any kind capable of being
used.
•
§ 17-3. Hours of use.
Conservation areas of the town shall be open to the public
from dawn to dusk only. No person shall enter upon conserva-
tion lands at any other time except for emergency purposes,
unless by written permit issued by the Conservation Committee
or its duly authorized agent.
§ 17-4. Disturbing areas or improvements.
No person shall disturb any conservation lands or take up or
remove, or in any manner disturb or interfere with, any trees,'
shrubs, plants, soil, sod, compost, gravel, fences,' signs4 or any
other property, except by direction of the Conservation Com-
mittee and under the supervision of its duly appointed custodian.
§ 17-5. Property damage.
No person shall cut, break, destroy, or in any way injure
or deface any tree, shrub, plant, grass, fence, post, railing,
chain, sign, signpost, tree guard, lamp, lamppost, bridge struc-
ture or any other property in or upon any conservation lands,
• nor shall any fallen trees or branches be cut or removed except
by direction of the Conservation Committee.
2 Editor's Note: For additional regulations concerning trees, see § 17-12 of this
chapter; and Ch. 46, Lot Maintenance, §46-2.
2 Editor's Note: For additional regulations concerning fences, see Ch. 14, Build-
ing Code, Article XXI.
4 Editor's Note: For additional regulations concerning signs, see Ch. 14, Build-
ing Code, Article XIX.
1703
§ 17-6 MAMARONECK CODE § 17-8
§ 17-6. Wildlife.
No person shall hunt, chase, shoot,5 trap, catch, discharge or
throw missiles at or disturb any living creature in any con-
servation area.
§ 17-7. Fire prevention.7 •
No person shall make, cause or allow any fire to be set in
any part of any conservation area, or suffer or permit any per-
son in or under his or her charge, custody or control to make
or cause any fire. All cigarettes, cigars or other such material
must be thoroughly extinguished in order to prevent fire, and
no stubs, butts, matches or other such materials shall be scat-
tered or disposed of except in designated receptacles placed along
the trails in the area.
§ 17-8. Littering.8
No person shall throw, place, deposit, drop, excrete, discharge
or leave in or on any conservation lands or any waters therein
or on any paths, walks, trails or roads thereof, any garbage,
organic refuse, offal, urine, fecal or other offensive matter, ashes,
cinders, stone, dirt, filth, dross, rubbish, grass clippings, leaves,
paper, pasteboard, wood, metal, fruits, vegetables or other food-
stuffs, vehicles or any parts thereof, or any manufacturing, trade
or household waste, or any other refuse material or any sub-
stance or material of any nature whatsoever.
5 Editor's Note: For additional regulations concerning firearms, see Ch. 25, •
Firearms.
6 Editor's Note: For additional regulations concerning animals, see§§ 17-12 and
17-14 of this chapter; and Ch.6,Animals.
7 Editor's Note: For additional regulations concerning fire prevention, see Ch.
27, Fire Prevention.
8 Editor's Note: For additional regulations concerning littering and rubbish, see
Ch. 30, Garbage and Rubbish.
1704
§ 17-9 CONSERVATION AREAS § 17-12
§ 17-9. Sports.9
No person shall wade or bathe in or enter in or upon the
waters in any conservation area; or place or enter or operate
any raft, float or similar object thereon; or place or operate
any toy boat or similar device thereon. No person shall skate,
• ski, toboggan, sleigh or indulge in any of the so-called winter
sports in or on any conservation area or any of the waters
therein, except within such areas as the Conservation Commit-
tee may, in its discretion, from time to time, designate and set
apart for such purpose and then only at such times, in such
manner and subject to such regulations as the said Committee
may direct and determine.
§ 17-10. Camping and picnicking.
No person shall camp, bivouac, pitch tent, picnic, feast, consume
food or beverages in or upon any conservation area or on any of
the waters, paths or trails thereof.
§ 17-11. Games.10
No person shall throw, cast, catch, kick or strike with any
implement whatsoever any baseball, golf ball, football or other
object or play at any game in or upon any conservation lands.
§ 17-12. Animal damage to plantings.
No person shall tie any animalY1 to any tree, plant or shrub
in or upon any conservation area or, having charge of any
such animal, allow or cause it to injure any such tree," plant or
•
shrub.
9 Editor's Note: For additional regulations concerning sports, see Ch. 55,
Parks, § 55-15.
10 Editor's Note: For additional regulations concerning games, see Ch.55,Parks,
§ 55-14.
11 Editor's Note: For additional regulations concerning animals, see § 17-6 of
this chapter.
12 Editor's Note: For additional regulations concerning trees, see § 17-4 of
this chapter.
1705
§ 17-13 MAMARONECK CODE § 17-14
§ 17-13. Disorderly conduct/3
No person shall in any recreation area:
A. Use any threatening, abusive or insulting language.
B. Do any obscene or indecent act.
C. Throw stones or throw missiles. •
D. Beg or publicly solicit subscriptions or contributions.
E. Tell fortunes.
F. Play cards or other games of chance, or use or operate
any gaming table or instruments.
G. Climb upon any tree, building, wall, fence, shelter, seat,
sign, pole or other construction.
H. Fire or carry any firearms, firecrackers, torpedo or fire-
works.
I. Make a fire.
J. Do any act tending to a breach of the public peace.
K. Carry on any commercial activity.
§ 17-14. Traffic regulations.�4
No person shall operate, drive or propel, and no owner thereof
shall cause or permit to be operated, driven or propelled, on
any conservation area, any bicycle, motorcycle, motor-tricycle, •
automobile or other vehicles, however propelled, or any vehicle
drawn by horses or other animals, recklessly or negligently or
at a speed or in a manner so as to endanger the life, limb or
13 Editor's Note: For additional regulations concerning disorderly conduct, see
Ch. 57, Peace and Good Order.
14 Editor's Note: For additional regulations concerning traffic regulations,
see Ch. 81, Vehicle and Traffic.
1706
§ 17-14 CONSERVATION AREAS § 17-16
property of any person. No person shall propel, ride, drive or
operate on any footpath, walk or elsewhere in any conservation
area, other than on the streets and roadways thereof, any
bicycle, tricycle, scooter, roller skates or other vehicles of any
nature whatsoever other than baby carriages, wheelchairs and
similar vehicles designed exclusively for the transportation of
• infants and of disabled persons. No horseback ridingY5 shall be
permitted in any conservation area. Nothing in this section
shall prevent the operation of fire-fighting equipment or police
vehicles on the trails, nor shall trucks or other equipment oper-
ated by duly authorized personnel under the direction of the
Conservation Committee be prohibited.
§ 17-15. Parking.16
No person shall park a motorcycle, automobile or horse-drawn
vehicle in any conservation area except within such areas as the
Conservation Committee may, in its discretion, from time to time
designate and set apart for such purpose, and then only at
such times, in such manner and subject to such rules and regu-
lations as said Committee may direct and determine. No person
shall park, place or leave any bicycle, tricycle, scooter, wheel-
chair, baby carriage or •similar vehicle or any object or thing
whatsoever on any footpath, walk, trail or steps or any other
place designated for the use of pedestrians, in any conservation
area, or in any place where such objects might or could obstruct
or interfere with the free passage of pedestrians therein.
§ 17-16. Advertisements./7
• No person shall post, affix, place or leave any bill, placard,
notice or other paper in or upon any structure, tree, fence, post,
15 Editor's Note: For additional regulations concerning animals, see § 17-6
of this chapter.
16 Editor's Note: For additional regulations concerning parking, see Ch. 81,
Vehicle and Traffic, Article III.
17 Editor's Note: For additional regulations concerning advertisements, see
Ch. 3, Advertisements.
1707
§ 17-16 MAMARONECK CODE § 17-18
railing, bench, rock, article or thing within any conservation
area, nor paint, write, mark, draw or affix with any substance
or material whatsoever thereon or therein any advertisement,
notice of exhortation or any other writing, drawing or making
of any kind whatsoever, and no person shall distribute, hand out,
cast about any card, circular, pamphlet or other printed matter
or other property or material of any nature whatsoever, within •
any conservation area.
§ 17-17. Violations and penalties.
The violation of any of the foregoing paragraphs, provisions
and,/or sections of this local law is hereby declared to be a
misdemeanor, and any person violating the same shall be guilty
of a misdemeanor and shall, on conviction before a Justice of
the Peace, be punished by a fine not exceeding fifty dollars
($50.), or in default of payment of such fine, by imprisonment
not exceeding thirty (30) days.
§ 17-18. Severability.
If any section or part of section, paragraph or provision of
this local law be declared invalid or unconstitutional, it shall
not be held to invalidate or impair the validity, force or effect
of any other section or sections, provision or part of provision
or paragraph of this local law.
•
1708
Chapter 18
•
(RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
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•
1801-1899
§ 19-1 CONTAINER HAZARDS § 19-1
Chapter 19
CONTAINER HAZARDS'
§ 19-1. Alterations required.
§ 19-2. Violations and penalties.
§ 19-3. Applicability.
§ 19-4. Inconsistent ordinances repealed.
§ 19-5. General title.
§ 19-6. When effective.
§ 19-7. Severability.
§ 19-8. Definition.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 12-17-53 as Section 13 of Chapter IV, and
2-17-37 as Chapters I, X and XI, of the General
Ordinances. Amendments noted where applicable.]
§ 19-1. Alterations required. [Added 12-17-53]
It shall be unlawful for any person, firm or corporation to
leave or permit to remain outside of any dwelling, building
or other structure or within any unoccupied or abandoned
building, dwelling or other structure under his or its control,
in a place accessible to children, any abandoned, unattended or
discarded icebox, refrigerator or other container which has an
® airtight door or lid, snap lock or other locking device which
may not be released from the inside, without first removing said
door or lid, snap lock or other locking device from said icebox,
refrigerator or container.
1 Editor's Note: For additional regulations concerning container hazards, see
Ch. 30, Garbage and Rubbish, § 30-1A.
1901
§ 19-2 MAMARONECK CODE § 19-4
§ 19-2. Violations and penalties.
A. Any person violating any of the provisions of this ordi-
nance, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty of
a misdemeanor punishable by imprisonment for not more
than one (1) year or by a fine of not more than five
hundred dollars ($500.) or both. [Amended 10-20-54] •
B. [Amended 12-17-53] Additional penalties.
(1) Violation of this ordinance shall subject the offender,
for each offense, to a civil penalty not to exceed
twenty-five dollars ($25.).
(2) The penalty for violation as above provided shall be
in addition to any fine provided for in § 19-2A.
(3) Every day or part thereof that such violation shall
continue shall be deemed to be a separate and dis-
tinct violation of the said several provisions of this
ordinance and shall render every person liable for
a separate penalty for each such violation.
§ 19-3. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever
and wherever the words "Town of Mamaroneck" are used, such
words shall mean the Town of Mamaroneck outside of incorpo-
rated villages.
•
§ 19-4. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
1902
§ 19-5 CONTAINER HAZARDS § 19-8
§ 19-5. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated
villages."
• § 19-6. When effective.
This ordinance shall become effective immediately upon pub-
lication and posting thereof as provided in Section 133 of
Chapter 634 of the Laws of 1932, constituting Chapter 62 of the
Consolidated Laws and known as the Town Law.
§ 19-7. Severability.
The declaration of any portion of this ordinance by a court
of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder
of said ordinance shall remain in full force and effect.
§ 19-8. Definition.
PERSON — As used in this ordinance, shall be construed
to include individuals., copartnerships, corporations and
incorporated and joint-stock associations. [Added 5-3-39]
4111
1903
Chapter 20
•
( RESERVED )
This Reserve chapter page is part of your Code. It
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•
2001-2099
DANCES AND DANCE HALLS
Chapter 21
DANCES AND DANCE HALLS/
§ 21-1. Definitions.
® § 21-2. License required.
§ 21-3. License fee.
§ 21-4. Compliance with regulations.
§ 21-5. Denial; reapplication; revocation.
§ 21-6. Sanitation and lighting.
§ 21-7. Vacating premises for violations.
§ 21-8. Police supervision.
§ 21-9. Closing hour; special permits.
§ 21-10. Minors.
§ 21-11. Building requirements.
§ 21-12. License validity; nontransferability.
§ 21-13. Plumbing facilities and checkrooms.
§ 21-14. Exclusions from required fee.
§ 21-15. Violations and penalties.
® § 21-16. Applicability.
§ 21-17. Inconsistent ordinances repealed.
§ 21-18. General title.
1 Editor's Note: For additional regulations concerning dances and dance halls,
see Ch. 14, Building Code, § 14-76.
2101
§ 21-1 MAMARONECK CODE § 21-1
§ 21-19. When effective.
§ 21-20. Severability.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-17-37 as Chapters I, IX, X and XI
of the General Ordinances. Amendments noted
where applicable.]
•
§ 21-1. Definitions. [Amended 1-7-53]
PUBLIC DANCE or PUBLIC BALL — As used in this
ordinance, shall be taken to mean any dance or ball to
which admission can be had by payment of a fee, or by
the purchase, possession or presentation of a ticket or
token or in which a charge is made for caring for clothing
or other property; or any other place where dancing is
permitted, to which the public generally may gain ad-
mission with or without the payment of a fee, including
dancing in hotels, restaurants and/or places licensed to
sell alcoholic beverages under the provisions of the Alco-
holic Beverage Control Law of the State of New York.
PUBLIC DANCE HALL —As used in this ordinance, shall
be taken to mean any room, place or space in which a
public dance or public ball may be held, and any hall or
academy in which classes in dancing are held or instruc-
tion in dancing is given for compensation or hire, includ-
ing any premises where space for dancing is provided
in connection with the sale of food and/or drink.
PRIVATE HOMES — As used in this ordinance, shall be •
taken to mean only such buildings as are used exclusively
for private dwelling purposes.
PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and
incorporated and joint-stock associations. [Added 5-3-39]
2102
§ 21-2 DANCES AND DANCE HALLS § 21-4
§ 21-2. License required. [Amended 1-7-53]
No public dance, public ball or classes in dancing for compen-
sation or hire shall be held or conducted in any hall or academy
within the Town of Mamaroneck until the hall or room in which
the same is to be held shall first have been duly licensed for
such purpose, pursuant to the provisions of this ordinance. Such
• licenses shall be issued by the Town Clerk as provided in
Section 137 of the Town Law, and posted in a conspicuous place
near the main entrance of the licensed premises, and such license
shall expire on the 31st day of December next following its
issuance.
§ 21-3. License fee.
The fee for such license to be paid at the time of the issuing
of the same shall be one hundred dollars ($100.) per annum,
but if the application be for a period of six (6) months or less,
the fee shall be one-half (1/9) the yearly fee.
§ 21-4. Compliance with regulations. [Amended 1-7-53]
No dance hall or dance license shall be issued until it shall
be found that the premises comply with and conform to all
regulations for the protection of public health and safety of
buildings and for the protection of the public from fire;2 that
they are properly ventilated and supplied with sufficient toilet
conveniences3 and that they are a safe and proper place for the
purpose for which they are used. The Police Department, the
Fire Department and the Building Inspector4 shall conduct an
• investigation of any application filed with the Town Clerk, and
report of such investigation shall be attached to the application
for the consideration of the Town Clerk.
2 Editor's Note: See Ch. 27, Fire Prevention Code.
3 Editor's Note: For additional regulations concerning plumbing, see § 21-13 of
this chapter; and Ch. 60, Plumbing Code.
4 Editor's Note: For additional information concerning the Building Inspector,
see § 21-11 of this chapter; and Ch. 14, Building Code.
2103
§ 21-5 MAMARONECK CODE § 21-8
§ 21-5. Denial; reapplication; revocation. [Amended 1-7-53]
The Town Clerk may refuse to issue any dance or dance hall
license for the reasons stated in Section 137 of the Town Law,
and the applicant may apply to the Town Board of the Town
of Mamaroneck after such refusal, all as provided in Section 137
of the Town Law, and any license issued pursuant to this ordi-
nance may be revoked after a hearing as provided in Section 137
of the Town Law.
§ 21-6. Sanitation and lighting.
All public dance halls shall be kept at all times in a clean,
healthful and sanitary condition, and all stairways and other
passages and all rooms connected with a dance hall shall be kept
open and well lighted at all times while dances or balls are
being held.
§ 21-7. Vacating premises for violations.
The Town Board shall cause to be vacated any public dance
hall whenever any provisions of this chapter are being violated
for whenever any indecent or immoral act is committed or when-
ever any disorder of a gross, violent or vulgar character takes
place therein.'
§ 21-8. Police supervision.
Every public dance or ball may be continuously attended and
supervised by a member of the police force whose duty it shall
be to preserve order and require compliance with all provisions
of this chapter.
5 Editor's Note: For additional regulations concerning peace and good order, see
Ch. 57, Peace and Good Order.
2104
§ 21-9 DANCES AND DANCE HALLS § 21-11
§ 21-9. Closing hour; special permits.
All public dances and balls shall be discontinued and all
public dance halls shall be closed at or before the hour of
3:00 a.m., eastern standard time or daylight saving time, which-
ever may be then in effect, provided, however, that upon the
application of a bona fide society, club or organization and after
an investigation by the Board of Police Commissioners, the Town
Board may grant to such society, club or organization a special
permit to continue any dance or ball until a later hour.
§ 21-10. Minors.
It shall be unlawful after 9:00 p.m., eastern standard time or
daylight saving time, whichever may then be in effect, to per-
mit any person to attend or take part in any public dance or
ball who has not actually or apparently reached the age of
sixteen (16) years, unless such person be in company of on.e
of his or her parents or a suitable guardian. It shall be unlawful
for any person to represent himself or herself to have attained
the age of sixteen (16) years in order to obtain admission to a
public dance hall or to be permitted to remain therein, when
such person in fact is under sixteen (16) years of age, and it
shall also be unlawful for any person to represent himself or
herself to be a parent or guardian of any minor, in order that
such minor may obtain admission to a public dance or be per-
mitted to remain at such dance, when the person making the
representation is not in fact a parent or guardian of such minor
person.
• § 21-11. Building requirements. [Amended 1-7-53]
No building shall be constructed, remodeled or altered for
dance hall purposes except with the approval of the Building
Inspector6 and upon proof that there has been compliance with
6 Editor's Note: For additional information concerning the Building Inspector,
see § 21-4 of this chapter.
2105
§ 21-11 MAMAR.ONECK CODE § 21-14
all laws and regulations of the State of New York, County of
Westchester, and the Building Ordinance" of the Town of
Mamaroneck applicable to the premises.
§ 21-12. License validity; nontransferability.
All licenses issued pursuant to this Article shall be valid only •
so long as the licensee shall comply with all the regulations
contained in this chapter, and such licenses shall not be trans-
ferable.
§ 21-13. Plumbing facilities and checkrooms.
No dance halls shall be licensed pursuant to the provisions
of this chapter unless suitable provisions shall have been made
to provide for the furnishing of drinking water with individual
cups, and unless suitable provisions shall have been made for
the checking of wearing apparel in wardrobes or checkrooms
and unless provisions suitable to the Town Board shall have
been made for the proper and necessary toilet facilities8 for
men and women, said toilets to be so located as to afford absolute
privacy.
§ 21-14. Exclusions from required fee.
The provisions of § 21-3 of this chapter shall not apply to any
bona fide religious, benevolent, charitable, fraternal or labor
society, club or organization, nor to any organization of United
States war veterans or its auxiliary, nor to any duly organized
•
Fire Department or its auxiliary, nor to a bona fide social
settlement house, giving dances as merely incidental to the
purposes for which it is formed, nor to.a bona fide club organized
7 Editor's Note: See Ch. 14, Building Code.
8 Editor's Note: For additional regulations concerning toilet facilities,see § 21-4
of this chapter.
2106
§ 21-14 DANCES AND DANCE HALLS § 21-16
under the Membership Corporations Law of the State of New
York, the use and activities of which are restricted to duly
elected members and their guests and are not services customarily
carried on as a business, and provided that the public generally
is not admitted to the club with or without the payment of a fee.
• § 21-15. Violations and penalties.
A. Any person violating any of the provisions of this ordi-
nance, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty
of a misdemeanor punishable by imprisonment for not
more than one (1) year or by a fine of not more than
five hundred dollars ($500.) or both. [Amended 10-20-54]
B. [Amended 12-17-53] Additional penalties.
(1) Violation of §§ 21-2, 21-6, 21-9, 21-10 and 21-11 of
this ordinance shall subject the offender, for each
offense, to a civil penalty not to exceed fifty dollars
($50.).
(2) The penalty for violation as above provided shall be
in addition to any fine provided for in § 21-15A.
(3) Every day or part thereof that such violation shall
continue shall be deemed to be a separate and dis-
tinct violation of the said several provisions of this
ordinance and shall render every person liable for
a separate penalty for each such violation.
• § 21-16. Applicability.
This ordinance shall apply only to that part of the Town
of Mamaroneck outside of incorporated villages, and whenever
and wherever the words "Town of Mamaroneck" are used, such
words shall mean the Town of Mamaroneck outside of incorpo-
rated villages.
2107
§ 21-17 MAMARONECK CODE § 21-20
§ 21-17. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
§ 21-18. General title. •
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated
villages."
§ 21-19. When effective.
This ordinance shall become effective immediately upon publi-
cation and posting thereof as provided in Section 133 of
Chapter 634 of the Laws of 1932, constituting Chapter 62 of
the Consolidated Laws and known as the Town Law.
§ 21-20. Severability.
The declaration of any portion of this ordinance by a court
of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but
only that part thereof so declared to be invalid, and the re-
mainder of said ordinance shall remain in full force and effect.
•
2108
Chapter 22
•
( RESERVED )
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•
2201-2299
ENVIRONMENTAL QUALITY REVIEW
Chapter 23
ENVIRONMENTAL QUALITY REVIEW
Local Law
• No. 4
1985
A LOCAL LAW ENTITLED "TOWN OF MAMARONECK
ENVIRONMENTAL QUALITY REVIEW LAW"
ARTICLE I
General Provisions
§ 23-1. Title.
§ 23-2. Statutory authorization.
§ 23-3. Purpose.
§ 23-4. State regulations adopted.
ARTICLE II
Definitions; Construal
§ 23-5. Definitions.
§ 23-6. Construal of provisions.
ARTICLE III
Environmental Impact Procedures
• § 23-7. Lead agency.
§ 23-8. Environmental assessment form.
§ 23-9. Draft environmental impact statement.
§ 23-10. Final environmental impact statement.
2301 25-85
MAMARONECK CODE
§ 23-11. Coordination of time limitations.
§ 23-12. Public records.
§ 23-13. Fees.
ARTICLE IV
Type I Actions •
§ 23-14. State Type I Actions.
ARTICLE V
Type II Actions
§ 23-15. State Type II Actions.
ARTICLE VI
Miscellaneous Provisions
§ 23-16. Severability.
§ 23-17. When effective.
[HISTORY: Adopted by the Town Board of the Town of Ma-
maroneck 2-27-85 as Local Law No. 4, 1985.1 Amendments no-
ted where applicable.]
GENERAL REFERENCES
Building Code—See Ch.14.
Conservation areas—See Ch.17. •
Flood damage prevention—See Ch.28.
Site plan review—See Ch.66A.
Wetlands—See Ch.88.
Zoning—See Ch.89.
I Editor's Note: This local law also provided for the repeal of former Ch.23.Environmental
Quality Review,adopted 5-4-77 as Local Law No.1,1977.
2302 11-25-85
§ 23-1 ENVIRONMENTAL QUALITY REVIEW § 23-5
Be it enacted by the Town Board of the Town of Mamaroneck, as
follows:
ARTICLE I
General Provisions
§ 23-1. Title.
iThis local law shall be known as the "Town of Mamaroneck Envi-
ronmental Quality Review Law."
§ 23-2. Statutory authorization.
This local law is adopted pursuant to the Municipal Rome Rule
Law, Article 8 (SEQR) of the New York Environmental Conserva-
tion Law, providing for environmental quality review of actions
which may have a significant effect on the environment and Part
617, the Rules and Regulations set forth in 6 NYCRR 617.
§ 23-3. Purpose.
The purpose of this local law is to implement SEQR and Part 617
and to incorporate environmental factors in the existing planning
and decision making processes of the town.
§ 23-4. State regulations adopted.
Except as otherwise expressly provided by this local law, the regu-
lations contained in 6 NYCRR 617 et seq. and any amendments
thereto are hereby adopted.
® ARTICLE II
Definitions; Construal
§ 23-5. Definitions.
The terms and words used in this local law shall have the same
meaning as such terms and words are defined in Article 8 of the
2303 u-25-85
§ 23-5 MAMARONECK CODE § 23-5
Environmental Conservation Law and Part 617, unless the context
requires a different meaning or unless a local definition is specified.
The following terms and words are reproduced from Part 617, ex-
cept where designated"local definition":
ACTIONS —Include:
A. Projects or physical activities, such as construction or
other activities, which change the use or appearance of •
any natural resource or structure and which:
(1) Are directly undertaken by an agency;
(2) Involve funding by an agency;or
(3) Require one (1)or more permits from an agency or
agencies.
B. Planning activities of an agency that commit the agency
to a course of future decisions.
C. Agency rule, regulation, procedure and policy making.
D. Combinations of the above.
ACTION, EXCLUDED —An action which was undertaken,
funded or approved prior to the effective dates of SEQR.
(NOTE: The grandfathering schedule is very complex and
does not lend itself to summarization. For most actions, the
effective date was November 1, 1978. To be sure, one should
consult Chapters 228 of the Laws of 1976, 252 of the Laws of
1977 and 460 of the Laws of 1978.)
ACTION, EXEMPT —Any one(1)of the following:
A. Enforcement or criminal proceedings or the exercise of
prosecutorial discretion in determining whether or not to
institute such proceedings.
B. Ministerial acts. •
C. Maintenance or repair involving no substantial changes
in an existing structure or facility.
D. With respect to the requirements of Subdivision 2 of§ 8-
0109 of SEQR, actions requiring a certificate of envi-
2304 11-25-85
§ 23-5 ENVIRONMENTAL QUALITY REVIEW § 23-5
ronmental compatibility and public need under Article
VII or VIII of the Public Service Law and the considera-
tion of, granting or denial of any such certificate.
E. Actions which are immediately necessary on a limited
emergency basis for the protection or preservation of
life, health, property or natural resources.
• F. Actions of the Legislature of the State of New York or of
any court.
ACTION, TYPE I — An action or class of actions listed in
617.12. When the term is applied in reference to an individual
agency's authority to review or approve a particular proposed
project or action, it shall also mean an action or class of ac-
tions listed as Type I actions in that agency's own procedures
to implement SEQR adopted pursuant to 617.4.
ACTION, TYPE II — An action or class of actions which is
listed in 617.13. When the term is applied in reference to an
individual agency's authority to review or approve a particu-
lar proposed project or action, it shall also mean an action or
class of actions listed as Type II actions in that agency's own
procedures to implement SEQR. The fact that an action is
listed as a Type II action in one involved agency's procedures
does not mean that it is to be treated as a Type II action by
any other involved agency not listing it as a Type II action in
its procedures.
ACTION, UNLISTED—All actions not excluded or exempt,
not listed as a Type I or Type II action in Part 617, or in the
case of a particular agency action, not listed as Type I or
Type II actions in the agency's own SEQR procedures. If an
action is an unlisted action, the limited procedural require-
ments of 617.7 as set forth in § 23-8 of this local law shall
• apply to it.
AGENCY —Any state or local agency.
ENVIRONMENT — The physical conditions which will be
affected by a proposed action, including land, air, water,
minerals, flora, fauna, noise, objects of historic or aesthetic
significance, existing patterns of population concentration,
2305 11-25-85
§ 23-5 MAMARONECK CODE § 23-6
distribution or growth and existing community or neighbor-
hood character.
ENVIRONMENTAL ASSESSMENT FORM (EAF) — A
form used by an agency to assist it in determing the envir-
onmental significance or nonsignificance of actions.
ENVIRONMENTAL IMPACT STATEMENT (EIS) — A
written document prepared in accordance with 617.14. •
ENVIRONMENTAL OFFICER — The Town Administra-
tor or his designee, who shall assist the lead agencies in the
town by processing the paperwork for this local law and ad-
vising applicants for town permits and approvals on com-
pliance therewith. The Environmental Officer shall also:
A. Receive a copy of all reports, statements, forms and noti-
ces as may be required by this local law.
B. Effect or cause to be effected the posting and publication
requirements of 6 NYCRR 617.8 and this local law(local
definition).
LEAD AGENCY — An agency principally responsible for
carrying out, funding or approving an action and, therefore,
responsible for determining whether an environmental im-
pact statement is required in connection with the action and
for the preparation and filing of the statement if one is
required.
TOWN —The Town of Mamaroneck (local definition).
§ 23-6. Construal of provisions.
No action, other than an exempt, excluded or Type II action shall
be carried out, approved or funded by an agency, board, department, •
office or other body or officer of the town unless it has complied with
SEQR Part 617 to the extent applicable and with this local law.
However, nothing herein shall be construed as prohibiting either:
A. The conducting of contemporaneous environmental, engineer-
ing, economic feasibility or other studies and preliminary
planning and budgetary processes necessary for the formula-
2306 11-25-85
§ 23-6 ENVIRONMENTAL QUALITY REVIEW § 23-8
tion of a proposal for action which do not commit the town to
approve, commence or engage in such action.
B. The granting of any part of an application which relates only
to the technical specifications and requirements, provided
that no such partial approval shall entitle or permit the ap-
plicant to commence the action until all requirements of this
• local law have been fulfilled.
ARTICLE III
Environmental Impact Procedures
§ 23-7. Lead agency.
A. The lead agency is the agency principally responsible for car-
rying out, funding or approving an action and, therefore, re-
sponsible for determining whether an environmental impact
statement is required in connection with the action and for
the preparation and filing of the statement if one is required.
B. Where more than one (1) agency is involved, the lead agency
shall be determined and designated as provided in Part 617.6
and 617.7.
§ 23-8. Environmental assessment form.
A. Environmental assessment form. An EAF shall be prepared
by or on behalf of any agency, board, department, office or
other body or officer of the town in connection with any Type
I or unlisted action such agency, board, department, office or
other body or officer initiates. For an unlisted action, a long
form EAF may be utilized to facilitate a preliminary deter-
mination of environmental significance. Where deemed nec-
essary, additional information may be required.
B. Application for town permit or approval. An application for a
permit, approval or funding of a Type I or unlisted action
shall be accompanied by an EAF to assist the lead agency in
making a preliminary determination of environmental sig-
nificance.
2307 i1-25-s5
§ 23-8 MAMARONECK CODE § 23-8
C. Notification of proposed action. Upon receipt of a completed
application and an environmental assessment form, the En-
vironmental Officer shall cause a notice thereof to be posted
on the signboard of the Town Hall maintained by the Town
and may cause such notice to be published in the official
newspaper of the town, describing the nature of the proposed
action and stating that written views thereon of any person
shall be received by the Environmental Officer no later than
a date specified in such notice.
D. Determination on proposed action. The appropriate lead
agency, assisted by the Environmental Officer, shall render a
written determination on whether an environmental impact
statement is required within fifteen (15) days following re-
ceipt of a completed application and an environmental as-
sessment form; provided, however, that no such application
shall be deemed to be completed until the expiration of the
time period provided for in Subsection C above, and further
provided that such period may be extended by mutual
agreement of the applicant and the Environmental Officer.
The determination shall state whether such proposed action
may or will not have a significant effect on the environment
or is an exempt action.
E. Conference with applicant. The lead agency, and/or the En-
vironmental Officer, acting as agent for the lead agency, may
hold informal meetings with the applicant and may meet and
consult any other person for the purpose of aiding the lead
agency in making a determination on the application.
F. Determination of nonsignificance. For Type I Actions, a de-
termination of nonsignificance shall be noticed and filed as
provided in Part 617.10(b); for unlisted actions, a determina-
tion of nonsignificance shall be sent to the applicant and
maintained in accordance with Part 617.7(e). Additionally, •
the Environmental Officer shall prepare, file and circulate
such determination with the Town Clerk and the applicant
and give public notice as provided in Subsection C above.
Thereafter, the proposed action may be processed without
further regard to this local law, SEQR or Part 617.
2308 11-25-85
§ 23-8 ENVIRONMENTAL QUALITY REVIEW § 23-9
G. Effective date of application for town permit or approval.
The time of filing an application for approval or funding of
an action shall commence to run from the date the prelimi-
nary determination of environmental nonsignificance is
rendered.
H. Environmental impact statement required. If the lead agency
• determines that the proposed action may have a significant
effect on the environment, the Environmental Officer shall
prepare, file and circulate such determination with the
Commissioner of the Department of Environmental Conser-
vation, the appropriate regional office thereof, the Town
Clerk and the applicant and give public notice as provided in
Subsection C above. Thereafter, the proposed action shall be
reviewed and processed in accordance with the provisions of
this local law and Parts 617.9 and 617.10.
§ 23-9. Draft environmental impact statement.
A. Notice to prepare DEIS. Following a determination that a
proposed action may have a significant effect on the environ-
ment, the Environmental Officer shall, as provided herein,
immediately notify the applicant of the determination and
shall direct the applicant to prepare a draft environmental
impact statement(hereafter, DEIS).
B. If applicant does not prepare DEIS. If the applicant does not
submit a DEIS, the lead agency may direct the Environmen-
tal Officer to prepare or cause to be prepared the DEIS or, in
the lead agency's discretion, notify the applicant that the pro-
cessing of the application will cease and that no approval will
be issued, the application thus being deemed abandoned.
C. DEIS required for application's completeness. The DEIS is a•
required document for the application and must be presented
before the application is deemed complete for acceptance,
preparatory to setting a date for a public hearing on the ap-
plication under the regulations governing hearings required
for processing such type of application.
2309 11-25-85
§ 23-9 MAMARONECK CODE § 23-9
D. Notification of completion. Upon completion of a DEIS pre-
pared by or at the direction of the lead agency, a notice of
completion containing the information specified in 6 NYCRR
617.10 shall be prepared, filed and circulated, as provided in
6 NYCRR 617.10, to the applicant and to the owners of prop-
erty within three hundred (300) feet of the perimeter of the
subject property. In addition, the notice of completion shall be
published in the official newspaper of the town, and a copy
•
thereof shall be posted on a signboard of the town. Copies of
the DEIS shall be filed, transmitted, and made available as
provided in 6 NYCRR 617.10.
E. Public hearing. If the lead agency determines that a public
hearing on a DEIS should be held, or if the applicant or
twenty-five(25)or more property owners or residents of legal
age within the town request such hearing, notice thereof shall
be filed,circulated and sent in the same manner as the notice
of completion and shall be published in the official newspaper
of the town at least fourteen (14) days prior to such public
hearing. Such notice shall also state the place where relevant
written comments on the DEIS may be sent and the date be-
fore which such comments shall be received.
F. Timing of public hearing. The hearing shall commence with-
in no less than thirty (30) calendar days nor more than forty-
five (45) calendar days after the filing of the DEIS, except
where the lead agency determines that additional time is nec-
essary for the public or other agency review of the DEIS or
where a different hearing date is required as appropriate
under other applicable law. The hearing will be conducted by
the lead agency.
G. Timing of lead agency's determination. The lead agency shall
be required to make a determination as to whether the pro-
posed action will or will not have a significant effect on the
environment within thirty (30) days of the close of the hear-
ing. Such determination shall be based upon the DEIS, the
comments made during the public hearing and upon written
comments received in accordance with Subsection E above.
H. Negative impact determination. If, on the basis of a DEIS
and the comments received and the record of the hearing
2310 it-25-85
§ 23-9 ENVIRONMENTAL QUALITY REVIEW § 23-10
where a public hearing is held, the lead agency makes find-
ings which determine that an action will not have a signifi-
cant effect upon the environment or that impacts shall be suf-
ficiently mitigated so that the action will not have a significant
effect upon the environment, the proposed action may be pro-
cessed without further regard to this local law.
• § 23-10. Final environmental impact statement.
A. Preparation of FEIS. Where the lead agency determines that
an action has been the subject of a DEIS may have a signifi-
cant effect on the environment and/or the DEIS does not pro-
vide for sufficient mitigation of the effects upon the environ-
ment, then an FEIS shall be prepared in the manner set
forth in and shall contain the information required in 6
NYCRR 617.
B. Timing of FEIS. Such FEIS shall be prepared within forty-
five(45)days of the filing of the DEIS if no public hearing is
held, or thirty (30) days after findings are made by the lead
agency after public hearing. However, the lead agency may
extend this time as necessary to allow adequate completion of
the statement where problems identified with the proposed
action require material reconsideration or modification.
C. Notification of completion. A notice of completion of an FEIS
shall be prepared, filed and sent in the same manner as pro-
vided in § 23-9D herein and shall be sent to all persons to
whom the notice of completion of the DEIS was sent. Copies
of the FEIS shall be filed and made available for review in
the same manner as the DEIS.
D. Approval of actions. No decision of any agency to carry out or
approve an action which has been the subject of an FEIS
shall be made until after the filing and consideration of the
FEIS by that agency.
E. Written determination required. If an agency decides to car-
ry out or approve an action which has been determined to
have a significant effect on the environment, it shall make the
written findings and shall follow the procedures set forth in 6
NYCRR 617.9.
2311 11-25-85
§ 23-10 MAMARONECK CODE § 23-14
F. Filing of determination. For public information purposes, a
copy of the determination referred to in Subsection E above
shall be filed with the Commissioner of the Department of En-
vironmental Conservation, the appropriate regional office
thereof, the Town Clerk, the applicant and owners of proper-
ty within three hundred(300)feet of the perimeter of the sub-
ject property.
•
§ 23-11. Coordination of time limitations.
To the extent practicable, the Environmental Officer shall coordi-
nate the time limitations provided in this local law with other time
limitations provided by statute or law, ordinance or regulation of the
town.
§ 23-12. Public records.
The town shall maintain files open for public inspection of all no-
tices of completion, draft and final environmental impact statements
and written determinations prepared or caused to be prepared by
the lead agency or the Environmental Officer.
§ 23-13. Fees.
The fees for review or preparation of a DEIS and/or FEIS involv-
ing an applicant for approval or funding of an action shall be as are
from time to time adopted by resolution of the Town Board. If the
applicant prepares the DEIS and/or FEIS, the town may charge a
fee for actual expenses of reviewing it either in-house or by paid con-
sultants. If a town agency prepares a DEIS and/or FEIS on behalf of
an applicant, it may charge a fee for the cost of preparation, includ-
ing publication of notices.
ARTICLE IV •
Type I Actions
§ 23-14. State Type I Actions.
A. The purpose of the list of actions identified as Type I in this
section is to identify for agencies, project sponsors, and the
2312 11-25-85
§ 23-14 ENVIRONMENTAL QUALITY REVIEW § 23-14
public those actions and projects that are more likely to re-
quire the preparation of a DEIS than those not so listed (i.e.,
"unlisted actions"). This Type I list is not exhaustive of those
actions that an agency determines that may have a signifi-
cant effect on the environment and require the preparation of
an EIS. Therefore, the fact that an action or project has not
been listed as a Type I action does not carry with it the pre-
• sumption that it will not have a significant effect on the en-
vironment. For all individual actions which are Type I or un-
listed, the determination of significance must be made by
comparing the impacts which may be reasonably expected to
result from the proposed action with the criteria listed in
617.11. The Type I actions on this list are considered more
likely to require the preparation of a DEIS than other actions
and are likely to involve review by more than one (1) govern-
mental agency, and therefore, the procedural requirements
for Type I actions (617.6) are more extensive than for those
unlisted actions(617.7).
B. The following actions are Type I if they are directly under-
taken, funded or approved by an agency:
(1) Construction of new or expansion by more than fifty
percent (50%) of existing size, square footage or usage of
existing:
(a) Airports, heliports, including those for Hovercraft
and seaplanes.
(b) Public institutions such as hospitals, schools and in-
stitutions and buildings of higher learning and cor-
rection facilities and major office centers, etc.
(c) Road or highway sections, including bridges, which
require an indirect source permit under 6 NYCRR
• 203.
(d) Parking facilities or other facilities with an asso-
ciated parking area for two hundred fifty (250) or
more cars.
(e) Dams with a downstream hazard of C Classification
under the Environmental Conservation Law (ECL),
§ 15-0503.
2313 II-25-85
§ 23-14 MAMARONECK CODE § 23-14
(f) Stationary combustion installations operating at a
total heating input exceeding one thousand million
(1,000,000,000)Btu's per hour.
(g) Chemical pulp mills, portland cement plants, iron
and steel plants, primary aluminum ore reduction
plants, sulfuric acid plants, petroleum refineries,
lime plants, sulfur recovery plants, fuel conversion
plants and by-product coke manufacturing plants.
(h) Incinerators operating at a refuse charging rate ex-
ceeding seventy-five (75) tons of refuse per twenty-
four-hour day.
(i) Storage facilities designed for or capable of storing
fifty thousand (50,000) or more gallons of liquid
natural gas, liquid petroleum gas or other liquid
fuels.
(j) Process, exhaust and/or ventilation systems emit-
ting air contaminants assigned an environmental
rating of A under 6 NYCRR 212 and whose total
emission rate of such A-contaminate exceeds one(1)
pound per hour.
(k) Process, exhaust and/or ventilation systems from
which the total emission rate of all air contaminants
exceeds twenty-five(25)tons per day.
(1) Sanitary landfills.
(m) Any facility, development or project which is to be
directly located in one (1) of the following critical
areas:
[1] Freshwater wetlands as defined in the Fresh-
water Wetlands Law of the Town of Mamaro- •
neck
[2] Floodplains as defined in Article 36 of the
ECL.
[3] Areas with slopes of forty percent (40%) or
greater.
2314 ii-25-85
§ 23-14 ENVIRONMENTAL QUALITY REVIEW § 23-14
(n) Any facility, development or project having an ad-
verse impact on any historic building, structure,
site listed on the National Register of Historic
Places or in the Statewide Inventory of Historical
and Cultural Resources or sites designated as pro-
tected pursuant to any town ordinances or local
laws.
(o) Any facility, development or project which would
require parking for more than two hundred fifty
(250)cars or which would be used for public institu-
tions or buildings.
(p) Any facility, development or project which would
use ground-or surface water in excess of fifty thou-
sand(50,000)gallons in any day.
(q) Any industrial facility which has a yearly average
discharge flow, based on days of discharge, of
greater than twenty-five hundredths (0.25) million
gallons per day.
(r) Any publicly or privately owned sewage treatment
works which has an average daily design flow of
more than twenty-five hundredths (0.25) million
gallons per day.
(s) A residential development that includes twenty-five
(25) or more units in an unsewered area or one
hundred (100)or more units in a sewered area.
(t) Lake or other bodies of water with a water surface
in excess of twenty-five(25)acres.
(2) Any funding, licensing, or planning activities in respect
to any of the types of construction listed in Subsection
® B(1)above.
(3) Application of pesticides or herbicides over more than
five hundred(500) contiguous acres.
(4) Clear-cutting of twenty-five(25)or more contiguous acres
of forest cover or vegetation other than crops.
2315 11-25-85
§ 23-14 MAMARONECK CODE § 23-15
(5) The proposed adoption of comprehensive land use plans,
zoning ordinances, building codes, comprehensive solid
waste plans, state and regional transportation plans, wa-
ter resource basin plans, comprehensive water quality
studies, areawide water treatment plans, state environ-
mental plans, local floodplain control plans, and the like.
(6) Commercial burial of radioactive materials requiring a •
permit under 6 NYCRR 380.
(7) Any action which will result in excessive or unusual
noise and/or vibration, taking into consideration the vol-
ume, intensity, pitch, time duration and the appropriate
land uses for both the source and the recipient of such
noise.
(8) Acquisition or sale by a public agency of more than fifty
(50)contiguous acres of land.
(9) Any action in an area mapped as a freshwater wetland.
(10) Any action in an area designated a floodplain, as defined
in Article 36 of the Environmental Conservation Law.
(11) Any action in areas containing slopes of twenty percent
(20%)or greater where development would impact same.
ARTICLE V
Type II Actions
§ 23-15. State Type II Actions.
A. Actions or classes of actions which have been determined not
to have a significant effect on the environment are classified
as Type II actions and do not require environmental impact
statements or any other determination or procedure under
•
this local law.
B. Each agency may adopt its own Type II list, provided it finds
that each of the actions contained on it:
(1) Is no less protective of the environment than the list in
this section.
2316 11-25-85
§ 23-15 ENVIRONMENTAL QUALITY REVIEW § 23-15
(2) Will in no case have a significant effect on the environ-
ment based on the criteria contained in 617.11 and any
additional criteria contained in its procedures adopted
pursuant to 617.4.
C. An agency may not designate as Type I any action on the
Type II list.
• D. The following actions are Type II actions:
(1) Construction or alteration of a single-or two-family resi-
dence and accessory appurtenant uses or structures, but
not if such construction or alteration:
(a) Is in conjunction with the construction or alteration
of two(2)or more such residences.
(b) Is in a critical area, as described in this local law,
for Type I actions.
(c) May cause significant water supply, sewage dispos-
al, drainage, fire protection, traffic or noise prob-
lems.
(2) The extension of utility facilities to serve new or altered
single- or two-family residential structures or to render
service in approved subdivisions.
(3) Construction or alteration of a store, office, or restaurant
designed for an occupant load of twenty (20) persons or
less, if not in conjunction with the construction or altera-
tion of two (2) or more stores, offices or restaurants and
if not in one(1)of the critical areas as described for Type
I actions and the construction of utility facilities to serve
such establishments.
(4) Actions involving individual setback and lot line
® variances.
(5) Agricultural farm management practices, including con-
struction, maintenance and repair of farm buildings and
structures and land use changes consistent with general-
ly accepted principles of farming.
2317 11-25-85
§ 23-15 MAMARONECK CODE § 23-15
(6) Operation, repair, maintenance or minor alteration of
existing structures, land uses and equipment.
(7) Restoration or reconstruction of a structure, in whole or
in part, being increased or expanded by less than twenty
percent(20%)of its existing size, square footage or usage
unless in a critical area as set forth in this local law.
(8) Repaving of existing highways not involving the addition
of new travel lanes.
(9) Street openings for the purpose of repair or maintenance
of existing utility facilities.
(10) Installation of traffic control devices on existing streets,
roads and highways other than multiple fixtures on long
stretches.
(11) Mapping of existing roads, streets, highways, uses or
ownership patterns.
(12) Regulatory activities not involving construction or
changed land use relating to one(1) individual, business,
institution or facility such as inspections, testing, operat-
ing certification or licensing.
(13) Sales of surplus government property other than land,
radioactive material, pesticides, herbicides or other haz-
ardous materials.
(14) Investments by or on behalf of agencies or pension or
retirement systems.
(15) Actions which are immediately necessary for the protec-
tion or preservation of life, health, property or natural
resources.
(16) Routine administration and management of agency •
functions, not including new programs or major reorder-
ing of priorities.
(17) Routine license and permit renewals where there is no
significant change in preexisting conditions.
(18) Routine activities of education institutions which do not
include capital construction.
2318 11.25-85
§ 23-16 ENVIRONMENTAL QUALITY REVIEW § 23-17
ARTICLE VI
Miscellaneous Provisions
§ 23-16. Severability.
The provisions of this local law are severable. If any Article, sec-
tion, subsection or provision of this local law shall be invalid, such
• invalidity shall apply only to the article, section, subsection or provi-
sions adjudged invalid, and the rest of this local law shall remain
valid and effective.
§ 23-17. When effective.
This local law shall take effect immediately upon filing in the of-
fice of the Secretary of State in accordance with § 27 of the Munici-
pal Home Rule Law.
2319 ii-25-85
ETHICS, CODE OF
Chapter 24
ETHICS, CODE OF
Local Law
No. 3
1970
• A LOCAL LAW ENACTED PURSUANT TO THE
GENERAL MUNICIPAL LAW OF THE STATE OF NEW
YORK, SECTIONS 800 ET SEQ., SETTING FORTH A
CODE OF ETHICS AND CREATING A BOARD OF
ETHICS FOR THE TOWN OF MAMARONECK, IN THE
COUNTY OF WESTCHESTER AND STATE OF NEW
YORK
§ 24-1. Legislative intent.
§ 24-2. Provisions implementing state law.
§ 24-3. Definitions.
§ 24-4. Conflicts of interest.
§ 24-5. Standards.
§ 24-6. Violations.
§ 24-7. Board of Ethics.
§ 24-8. Functions.
§ 24-9. Rules and regulations.
§ 24-10. Copies distributed to employees; posting
of local law.
§ 24-11. Copy to be filed.
• § 24-12. Appropriation of funds.
§ 24-13. Severability.
§ 24-14. When effective.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 7-8-70 as Local Law No. 3, 1970. Amendments noted
where applicable.]
2401 4-25-72
§ 24-1 MAMARONECK CODE § 24-3
Be it enacted by the Town Board of the Town of
Mamaroneck, as follows:
§ 24-1. Legislative intent.
The Town Board of the Town of Mamaroneck recognizes that
there are state statutory provisions mandating towns to codify
rules and standards of ethical conduct for public officers and •
employees which, when implemented and adhered to, will further
enhance public confidence in local government. It is the purpose of
this local law to comply with state law and to establish standards
of conduct for town employees, as hereinafter defined in§ 24-3; to
provide for punishment for violation of such standards; and to
create a Board of Ethics to render advisory opinions to the town
employees as provided for herein.
§ 24-2. Provisions implementing state law.
The standards, prohibited acts and procedures established by
this local law are promulgated in addition to any prohibited acts,
conflicts of interests, provisions or procedures prescribed by
statute of the State of New York, and also in addition to ad-
ministrative rulings, common law rules and judicial decisions
relating to the conduct of town officers and employees and not in
derogation thereof.
§ 24-3. Definitions.
For the purpose of this local law, the terms used herein are
defined as follows:
TOWN — Any board, commission, district, council, or
•
other agency, department, unit or subdivision thereof, of
the government of the Town of Mamaroneck.
TOWN EMPLOYEE — The supervisor, councilman,
councilwoman or other officer or employee of the Town of
Mamaroneck, whether paid or unpaid, whether serving in a
full-time, part-time or advisory capacity. No person,
2402 4-25-72
§ 24-3 ETHICS, CODE OF § 24-5
however, shall be deemed a town employee solely by reason
of being a volunteer fireman or civil defense volunteer.
INTEREST — A pecuniary or material benefit accruing to
a town employee as the result of a business or professional
transaction with the town which such employee serves. For
the purpose of this chapter, a town employee shall be
deemed to have an interest in the affairs of his spouse,
minor children and dependents; a firm, partnership or
association of which such town employee is an officer,
director or employee; and a corporation any stock of which
is owned or controlled directly or indirectly by such town
employee.
§ 24-4. Conflicts of interest.
No town employee shall have any interest, financial or other-
wise, direct or indirect, or engage in any business or transaction or
professional activity or incur any obligation of any nature, which
is in substantial conflict with the proper discharge of his duties in
the public interest.
§ 24-5. Standards.
A. No town employee shall accept other employment which
will affect or impair his independence of judgment in the
exercise of his official duties or interfere with his work for
the town.
B. No town employee shall accept employment or engage in
any business or professional activity which will expressly
or implicitly require him to disclose confidential in-
• formation which he has gained by reason of his official
position or authority.
C. No town employee shall use or attempt to use his official
position to secure unwarranted privileges or exemptions
for himself or others.
D. No town employee shall engage in any transaction as a
representative or agent of the town with any business
2403 4-25-72
§ 24-5 MAMARONECK CODE § 24-5
entity in which he has a direct or indirect financial interest
that might reasonably tend to conflict with the proper
discharge of his official duties.
E. A town employee shall not,by his conduct, give reasonable
basis for the impression that any person can improperly
influence him or unduly enjoy his favor in the performance
of his official duties, or that he is affected by the kinship,
rank, position or influence of any party, person or entity. •
F. Each town employee shall abstain from making personal
investments in enterprises which he has reason to believe
may be directly or indirectly involved in decisions to be
made by him or which will otherwise create substantial
conflict between the performance of his duty in the public
interest and his private interest.
G. Each town employee shall endeavor to pursue a course of
conduct which will not raise suspicion among the public
that he is likely to be engaged in acts that are in violation
of his public trust.
H. No town employee employed on a full-time basis, nor any
firm or association of which such employee is a member,
nor corporation a substantial portion of the stock of which
is owned or controlled directly or indirectly by such em-
ployee, shall sell goods or services to any person, firm,
corporation or association which is licensed or whose rates
are fixed by the town in which such employee serves or is
employed.
I. Any member of the Town Board who has a direct or in-
direct financial or other private interest in any matter
before the Town Board, or any employee who has a direct
or indirect financial or other private interest in any matter
before the Town Board and who participates in the •
discussion before or makes a recommendation to, or gives
an opinion to the Board on, that matter shall publicly
disclose on the official record of the Town Board the nature
and extent of such interest.
J. No employee,whether paid or unpaid, shall accept any gift,
whether in the form of service, loan, thing or promise, or
2404 4-25-72
§ 24-5 ETHICS, CODE OF § 24-5
any other form from any person, firm or corporation which
to his or her knowledge is interested directly or indirectly
in any matter whatsoever in business dealings with the
Town of Mamaroneck; nor shall any such employee accept
any gift, favor or thing of value that may tend to influence
him or her in the discharge of his or her official duties or
grant in the discharge of his or her official duties any
improper favor, service or thing of value.
K. No town employee shall direct or cause any other town
employee of the Town of Mamaroneck to do or perform any
service or work apart from his official duties in the public
interest or accept any such service or work, nor shall any
officer or employee of the Town of Mamaroneck offer
to perform any such service or work for such employee.
L. No town employee shall request or permit the use of town-
owned vehicles, equipment,materials or property for his or
her personal convenience or profit, except when such
services are available to the public generally or are
provided as the town policy for the use of such employee in
the conduct of official business.
M. No town employee shall solicit, negotiate for or promise to
accept employment by any person,firm or corporation with
which he or she or their department, office or agency is
engaged on behalf of the town in the transaction of
business which is or may be affected by his or her official
action.
N. Each town employee shall, to the extent that he is
cognizant thereof, disclose any interest whatsoever he may
have in proposed legislation before the Town Board.
• O. No town employee, within two (2) years after the ter-
mination of his service or employment with the town, shall
accept employment which will involve contacts with the
town which can work to his special advantage by virtue of
his prior contact and relationship with the town.
P. No town employee shall solicit, or be solicited directly,
indirectly or implicitly, nor be compelled to solicit, directly,
2405 4-25-72
§ 24-5 MAMARONECK CODE § 24-8
indirectly or implicitly, any contributions for any political
party or any candidate for public office.
§ 24-6. Violations.
In addition to any penalty contained in any other provisions of
law, any such town employee who shall knowingly and willfully •
violate any of the provisions of this local law may be fined,
suspended or removed from office or employment in the manner
provided by law. Any person who shall knowingly and willfully
violate any of the foregoing provisions of this code shall, upon
conviction thereof, forfeit his office forthwith.
§ 24-7. Board of Ethics.
There is hereby established a Board of Ethics consisting of five
(5)members to be appointed by the Town Board without regard to
political affiliation. All of said members shall reside in the Town of
Mamaroneck and shall serve without compensation and for a
period of years to be determined by the Town Board of the Town
of Mamaroneck. A majority of such members shall be persons
other than town employees, but shall include at least one (1)
member who is an elected or appointed town employee of the
Town of Mamaroneck.
§ 24-8. Functions.
The Board of Ethics established hereunder shall render ad-
visory opinions to town employees on written request followed by
a personal conference with the employee if requested by him or
desired by said Board. Upon request of the Town Board, the •
Board of Ethics shall make recommendations to such Town Board
as to any amendments of this local law. The opinions of the Board
of Ethics shall be advisory and confidential and in no event shall
the identity of the town employee be disclosed except to
authorized persons and agencies. Such opinions shall be rendered
after consultation with the Town Attorney.
2406 4-25-72
§ 24-9 ETHICS, CODE OF § 24-12
§ 24-9. Rules and regulations.
The Board of Ethics, upon its formation, shall promulgate its
own rules and regulations as to its form and procedures' and shall
maintain appropriate records of its opinions and proceedings.
§ 24-10. Copies distributed to employees; posting of local law.
• Upon the adoption of this local law, the Town Supervisor shall
cause a copy thereof to be distributed to every employee of the
town, Each town employee shall acknowledge receipt of a copy of
this local law and affirm that his or her compliance with its
provisions is a condition of his or her employment or elected
position. Failure to distribute such copy or failure of any town
employee to receive such copy, however, shall have no effect on
the duty of compliance with this code, nor the enforcement of
provisions hereof. The Town Supervisor shall, further, cause a
copy of this local law to be kept posted conspicuously in each
public building under the jurisdiction of the town. Failure to so
post this local law, however, shall have no effect on the duty of
compliance herewith, nor the enforcement of provisions hereof.
§ 24-11. Copy to be filed.
Within thirty (30) days of the adoption of this local law the
Town Clerk shall file a copy thereof in the office of the State
Comptroller.
§ 24-12. Appropriation of funds.
The Town Board may appropriate necessary moneys from the
general town funds for the maintenance of and for the personnel
• services to the Board of Ethics established hereunder. The Board
of Ethics may not, however, commit the expenditure of town
moneys except within the appropriations provided by the Town
Board.
Editor's Note: The Bylaws and Rules of Procedure of the Board of Ethics of the
Town of Mamaroneck were approved by resolution of the Town Board on 3.1.72.Copies
are on file in the office of the Town Clerk and available for public inspection during
regular business hours.
2407 a-25-75
§ 24-13 MAMARONECK CODE § 24-14
§ 24-13. Severability.
If any clause, sentence, paragraph, section or part of this local
law 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 or part thereof directly in-
volved in the controversy in which such judgment shall have been
rendered. •
§ 24.14. When effective.
This local law shall take effect immediately.
•
2408 -25-75
FIREARMS
Chapter 25
FIREARMS
ARTICLE I
• Firing Regulations
§ 25-1. Discharging; exceptions.
§ 25-2. Penalties for offenses.
§ 25-3. Applicability.
§ 25-4. Repealer.
§ 25-5. General title.
§ 25-6. When effective.
§ 25-7. Severability.
§ 25-8. Definitions.
ARTICLE II
Sale and Use
§ 25-9. Sale and use prohibited.
§ 25-10. Penalties for offenses.
§ 25-11. Repealer.
§ 25-12. When effective.
ARTICLE III
• Pistol Permits
§ 25-13. Application fee.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck: Article I, 2-17-37 as Section I of Chapter IV and
Chapters I, X and XI of the General Ordinances; Article II, 9-1-71
as Chapter IX-I of the General Ordinances; Article III, 1-19-77.
Amendments noted where applicable.]
2501 8-25-79
§ 25-1 MAMARONECK CODE § 25-2
GENERAL REFERENCES
Hunting in parks —See Ch. 55, § 55-16.
ARTICLE I
Firing Regulations
[Adopted 2-17-37] •
§ 25-1. Discharging; exceptions. [Amended 7-1-53]
It shall be unlawful for any person, at any time, to fire,
discharge or cause to be fired or discharged any gun, cannon, rifle,
air rifle, pistol or firearm of any kind, or slingshot. This section
shall not apply to peace officers in the discharge of their official
duties nor to persons using firearms in necessary self-defense and
in a careful manner nor to bona fide gun clubs, shooting galleries
nor to persons using firearms in a careful manner in said shooting
galleries.'
§ 25-2. Penalties for offenses.
A. Any person violating any of the provisions of this or-
dinance, as the same may be amended from time to time,
for which no other penalty is provided, shall be guilty of a
misdemeanor punishable by imprisonment for not more
than one (1) year or by a fine of not more than five hundred
dollars ($500.), or both. [Amended 10-20-541
B. Additional penalties. [Amended 12-17-53]
(1) Violation of § 25-1 of this ordinance shall subject the
offender, for each offense, to a civil penalty not to
exceed one hundred dollars ($100.).
(21 The penalty for violation as above provided shall be in
addition to any fine provided for in § 25-2A.
' Editor's Note: See Ch. 41, Licensed Occupations, for additional provisions con-
cerning shooting galleries.
2502 8.25.79
§ 25-2 FIREARMS § 25-2
(3) Every day or part thereof that such violation shall
continue shall be deemed to be a separate and distinct
violation of the said several provisions of this or-
dinance and shall render every person liable for a
separate penalty for each such violation.
• (Cont'd on page 2503)
•
2502.1 8-25-79
§ 25-3 FIREARMS § 25-7
§ 25-3. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever and
wherever the words"Town of Mamaroneck" are used, such words
shall mean the Town of Mamaroneck outside of incorporated
villages.
411
§ 25-4. Repealer.
All former general ordinances, rules or regulations affecting or
pertaining to subjects covered in this ordinance, insofar as they
are inconsistent herewith, are hereby repealed.
§ 25-5. General title.
This ordinance shall be known as part of the "General Or-
dinances of the Town of Mamaroneck Outside of Incorporated
Villages."
§ 25-6. When effective.
This ordinance shall become effective immediately upon
publication and posting thereof as provided in Section 133 of
Chapter 634 of the Laws of 1932, constituting Chapter 62 of the
Consolidated Laws and known as the Town Law.
® § 25-7. Severability.
The declaration of any portion of this ordinance by a court of
competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder of
said ordinance shall remain in full force and effect.
2503 4-25-72
§ 25-8 MAMARONECK CODE § 25-12
§ 25-8. Definitions.
For the purpose of this ordinance, the terms used herein are
defined as follows:
PERSON — Shall be construed to include individuals,
copartnerships, corporations and incorporated and joint-
stock associations. [Added 5-3-39]
ARTICLE II
Sale and Use
§ 25-9. Sale and use prohibited.
It shall be unlawful for any retail establishment within the
limits of the Town of Mamaroneck, outside the incorporated
Villages of Larchmont and Mamaroneck, to store, possess or sell
air guns, spring guns, slingshots, instruments or weapons which
propel a missile or substance which is likely to cause injury to
person or property. It shall be unlawful for any person to use or
discharge within said portion of the Town of Mamaroneck any air
gun, spring gun, slingshot,instrument, weapon or other appliance
which propels a missile or substance likely to cause injury to
person or property.
§ 25-10. Penalties for offenses.
Violation of this ordinance shall constitute disorderly conduct
and a person convicted of said violation shall be deemed a
disorderly person and subject to a fine of twenty-five dollars ($25.)
for each offense.
§ 25-11. Repealer.
Any ordinance or part of any ordinance inconsistent with the111
provisions of this ordinance is hereby repealed.
§ 25-12. When effective.
This ordinance shall take effect at the earliest date allowed by
law.
2504 4-25-72
§ 25-13 FIREARMS § 25-13
ARTICLE III'
Pistol Permits
[Adopted 1-19-77]
§ 25-13. Application fee.
The Chief of Police is hereby authorized to charge a
• nonrefundable fee of twenty-five dollars ($25.), payable to the
Comptroller of the Town of Mamaroneck, for all firearm permits in
order to cover the expense of processing the applications.
'Editor's Note: The preamble to the ordinance which adopted this Article stated
that the Chief of Police of the Town of Mamaroneck is required to process pistol permit
applications on behalf of the County of Westchester,and the fee set herein is to cover
the cost of such applications.
2505 8-25-79
§ 26-1 FIRE LIMITS § 26-2
Chapter 26
FIRE LIMITS
Local Law®
No. 1
1984
A LOCAL LAW ENTITLED "FIRE LIMITS"
§ 26-1. Title.
§ 26-2. Legislative intent.
§ 26-3. Designation of fire limits.
§ 26-4. When effective.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-15-84 as Local Law No. 1, 1984. Amendments
noted where applicable.]
GENERAL REFERENCES
Building Code— See Ch. 14.
Fire Prevention Code — See Ch. 27.
Zoning— See Ch. 89.
Be it enacted by the Town Board of the Town of Mamaroneck,
as follows:
§ 26-1. Title.
• This local law shall be known and cited as "Town of
Mamaroneck Local Law No. 1 of 1984, Fire Limits."
§ 26-2. Legislative intent.
It is the intention of the Town Board of the Town of
Mamaroneck, by this local law, to institute fire limits within the
2601 6-25-84
§ 26-2 MAMARONECK CODE § 26-4
town providing for limitations on construction materials to be
used within certain districts as provided for in the New York State
Uniform Fire Prevention and Building Code.
§ 26-3. Designation of fire limits.
All construction within the Unincorporated Town of •
Mamaroneck in areas designated as Zoning Districts B (Business)
and LI (Light Industrial) shall be in accordance with Fire Limits
A as defined in the New York State Uniform Fire Prevention and
Building Code, and no construction can take place in Zoning
Districts B (Business) and LI (Light Industrial) unless and until a
building permit has been issued by the Building Inspector of the
Town of Mamaroneck and he has found that the proposed con-
struction will be in full compliance with the Fire Limits A, as
provided by the New York State Uniform Fire Prevention and
Building Code.
§ 26-4. When effective.
This local law shall take effect immediately.
2602 6-25 S 1
FIRE PREVENTION CODE
Chapter 27
FIRE PREVENTION CODE/
ARTICLE I
• General
§ 27-1. Title; scope.
§ 27-2. Appointment and duties of Inspector.
§ 27-3. Inspection of premises.
§ 27-4. Dangerous conditions.
§ 27-5. Investigation of fires.
§ 27-6. Town Attorney to assist.
§ 27-7. Fire drills in schools.
§ 27-8. School doors.
§ 27-9. )':ecord of fires.
§ 27-10. Annual report.
ARTICLE II
Permits
§ 27-11. When required.
§ 27-12. Definition of permit.
• § 27-13. Applications.
§ 27-14. Inspection before granting.
I Editor's Note:For additional regulations concerning fire prevention, see Ch.
11, Bowling Alleys, § 11-3; Ch. 14, Building Code, § 14-2B and Article XI; Ch. 17,
Conservation Areas, § 17-7; Ch. 21, Dances and Dance Halls, § 21-4; Ch. 30, Gar-
bage and Rubbish, § 30-1A; Ch. 37, House Trailers, Trailer Camps and Tourist
Camps, § 37-4E; Ch. 41, Licensed Occupation, §41-1B; and Ch. 55, Parks, § 55-191.
2701
MAMARONECK CODE
§ 27-15. Time limitation of permits.
§ 27-16. Safeguarding of persons and property intended.
§ 27-17. Appeal.
§ 27-18. Number of permits.
§ 27-19. Definition of explosives.
•
§ 27-20. Permits required for explosives.
§ 27-21. Blasting permits.
§ 27-22. Blasting permit application.
§ 27-23. Revocation.
§ 27-24. Nontransferability.
§ 27-25. Bonds.
§ 27-26. Supervision.
§ 27-27. Definition of fireworks.
§ 27-28. Fireworks prohibition.
§ 27-29. Fireworks display permit.
§ 27-30. Definition of small arms ammunition.
§ 27-31. Small arms manufacturing.
§ 27-32. Sale of small arms ammunition.
ARTICLE III
Miscellaneous
§ 27-33. Storage of combustible or flammable materials.
§ 27-34. Obstructions in hallways.
§ 27-35. Doors.
§ 27-36. Aisles and passageways.
§ 27-37. First-aid fire appliances.
2702
§ 27-1 FIRE PREVENTION CODE § 27-2
§ 27-38. Failure to install first-aid fire appliances.
§ 27-39. Bonfires.
§ 27-40. Accumulations.
ARTICLE IV
• Administration
§ 27-41. Violations and penalties.
§ 27-42. Inconsistent ordinances repealed.
§ 27-43. Severability.
§ 27-44. When effective.
[HISTORY: Adopted by the Town. Board of the
Town of Mamaroneck 2-3-37. Amendments
noted where applicable.]
ART'IC'LE I
General
§ 27-1. Title; scope.
This ordinance shall be known as the Fire Prevention Ordi-
nance and is intended to provide for fire prevention in the
Town of Mamaroneck outside of incorporated villages.
§ 27-2. Appointment and duties of Inspector.
The Chief of the Fire Department, subject to the approval of
the Town Board, shall designate an officer or member of the
• Fire Department as Inspector, who shall hold this office at the
pleasure of the Town Board. It shall be the duty of the Inspec-
tor to:
A. Cause investigation to be made to determine whether the
laws relating to fire prevention and fire equipment are
being complied with within the Town of Mamaroneck
2703
§ 27-2 MAMARONECK CODE § 27-2
outside of incorporated villages, and in case there is
found what appears to be a violation of the Building
Code2 of the Town of Mamaroneck or of any town ordi-
nance, rule or regulation for fire prevention or for the
removal or repair of unsafe buildings and collapsed struc-
tures,' he shall report the same to the Building Inspector4
of the Town of Mamaroneck. •
B. Make such investigation into the cause and origin of fires
occurring in the Town of Mamaroneck outside incorpo-
rated villages as he is required to make by the Council
and the Fire Department of the Town of Mamaroneck,
in connection with any inquiry into the cause and origin
of such fires pursuant to Section 5 of Chapter 821 of the
Laws of 1936.
C. Perform such other duties and carry out such instructions
in addition to the duties above specifically mentioned as
may be conferred on him from time to time by the Town
Board or the Council of the Fire Department of the
Town of Mamaroneck.
D. Issue permits for any purpose specified in this ordinance,
except that the Building Inspector appointed pursuant
to the Building Code shall issue permits required for
blasting' pursuant to this ordinance and except that the
Town Board may, if there be no inspector appointed by the
Chief of the Fire Department or in the absence of such
inspector, confer upon the Building Inspector appointed
pursuant to the Building Code6 the duty of issuing such
permits.
2 Editor's Notes: For additional regulations concerning unsafe buildings and •
collapsed structures, see Ch. 14, Building Code, Article XX.
3 Editor's Note: See Ch. 14, Building Code.
4 Editor's Note: For additional information concerning the Building Inspector,
see §§27-4A, 27-20, 27-21 and 27-22 of this chapter; and Ch. 14, Building Code,
§ 14-2.
5 Editor's Note: For additional regulations concerning blasting, see §§ 27-20
through 27-22 of this chapter.
6 Editor's Note: See Ch. 14, Building Code.
2704
§ 27-3 FIRE PREVENTION CODE § 27-4
§ 27-3. Inspection of premises.
The Chief of the Fire Department and/or the Inspector may,
at all reasonable hours, enter any building or premises within
the unincorporated part of the Town of Mamaroneck for the
purpose of making any inspection or investigation which, under
the provisions of this ordinance, they or either of them may
deem necessary to be made.
§ 27-4. Dangerous conditions.
A. Whenever the Chief of the Fire Department or the In-
spector shall find in any building or upon any premises
combustible or explosive matter or dangerous accumula-
tions of rubbish7 or unnecessary accumulation of waste-
paper, boxes, shavings or any highly inflammable ma-
terials, and which is so situated as to endanger property;
or shall find obstructions to or on fire escapes, stairs,
hallways, passageways, doors or windows liable to inter-
fere with the operations of the Fire Department or egress
of occupants in case of fire, he shall report the same to
the Building Inspector.
B. Whenever the Chief of the Fire Department or the In-
spector shall find any building or other structure which,
for want of repairs, lack of sufficient fire escapes, auto-
matic or other fire alarm apparatus or fire extinguishing
equipment, or by reason of age or dilapidated condition
or from any other cause is especially liable to fire, or is
dangerous to the safety of such building or other struc-
ture or to the occupants thereof or which is so situated
•, as to endanger other property or the occupants of other
property, he or they shall report such dangerous condi-
tions to the Building Inspector.
7 Editor's Note: For additional regulations concerning rubbish, see §§ 27-39
and 27-40 of this chapter; and Ch. 30, Garbage and Rubbish.
8 Editor's Note: For additional information concerning the Building Inspector,
see § 27-2A of this chapter.
2705
§ 27-5 MAMARONECK CODE § 27-7
§ 27-5. Investigation of fires.
The Inspector shall investigate the cause, origin and circum-
stance of every fire occurring in the Town of Mamaroneck out-
side of incorporated villages, by which property has been de-
stroyed or damaged, and, so far as possible, shall determine
whether the fire was the result of carelessness or design. Such
investigations shall be begun by the Inspector immediately upon
the occurrence of such fire, and if it appears to him that such
fire was of suspicious origin, the Chief of the Fire Department
and the Chief of Police shall be notified immediately of the
facts; the Inspector shall take charge immediately of the physical
evidence, shall notify the Council of the Fire Department to
pursue the investigation of such matters and shall further co-
operate with the Council of the Fire Department in the collec-
tion of evidence and in the prosecution of the case. Every fire
shall be reported by the Inspector in writing to the Chief of the
Fire Department within two (2) days after the occurrence of
the same. Such report shall be in such form as shall be pre-
scribed by the Chief of the Fire Department, and shall contain
a statement of all facts relating to the cause, origin and circum-
stances of such fire, and extent of the damage thereof, and the
insurance upon such property and such other information as
may be required by the Chief of the Fire Department.
§ 27-6. Town Attorney to assist.
The Town Attorney, upon request of the Inspector, shall as-
sist the Inspector in the investigation of any fire which in the
Inspector's opinion, is of suspicious origin.
•
§ 27-7. Fire drills in schools.
The Chief of the Fire Department shall require teachers of
public, private and parochial schools and educational institutions
to have one (1) fire drill each month.
2706
§ 27-8 FIRE PREVENTION CODE § 27-10
§ 27-8. School doors.
The Chief of the Fire Department shall give instructions that
all doors and exits in public, private and parochial schools and
other educational institutions be kept unlocked during school
hours, and to require the janitor in charge of any such public,
private or parochial school or educational institution, while the
• same is being used for assemblages of any kind, to keep all
doors and exits unlocked.
§ 27-9. Record of fires.
The Chief of the Fire Department shall keep in his office a
record of all fires and of all the facts concerning the same, in-
cluding statistics as to the extent of such fires and the damage
caused thereby, and whether such losses were covered by insur-
ance and, if so, in what amount. Such record shall be made at
least once each week from the reports made by the Inspector
under the provisions of this ordinance. All such records shall be
public.
§ 27-10. Annual report.
The annual report of the Inspector shall be made on or before
the first day of February and transmitted to the Supervisor;
it shall contain all proceedings under this ordinance, with such
statistics as the Chief of the Fire Department may desire to
include therein; the Chief of the Fire Department shall also
recommend any amendments to this ordinance which, in his
judgment, shall be desirable.
2707
§ 27-11 MAMARONECK CODE § 27-14
ARTICLE II
Permits
§ 27-11. When required.
The Town Board, upon recommendation of the Council of the
Fire Department, may from time to time specify any materials,
processes or occupations and trades which shall require permits. •
A list of such materials, processes or occupations and trades shall
be posted in a conspicuous place in the office of the Town Clerk
and in the office of the Chief of the Fire Department, and the
Inspector shall maintain in his office details and descriptive
drawings showing approved and expert methods of sorting,
handling and protecting such materials as shall be deemed to
require a permit.
§ 27-12. Definition of permit.
PERMIT — When used in this ordinance, is the written
authority of the Inspector, issued pursuant to this ordi-
nance, to have, keep, store, use, manufacture, sell, handle
and transport explosives, inflammable materials and rub-
bish as hereinafter defined, and to operate or maintain
establishments hereinafter specified.
§ 27-13. Applications.
All applications for permits required by this ordinance shall
be made to the Inspector in such form and detail as the Town
Board shall prescribe.
•
§ 27-14. Inspection before granting.
Before permits may be issued, an inspection shall be made of
the receptacles, vehicles, buildings or storage places to be used,
and use thereof approved by the Inspector.
2708
§ 27-15 FIRE PREVENTION CODE § 27-17
§ 27-15. Time limitation of permits.
Every permit granted by the Inspector under the provisions
of this ordinance shall be for such period as the Inspector may
determine, not to exceed one (1) year. Such permit shall at
all times be kept on the premises designated therein, and shall
• at all times be subject to inspection by any officer of the Fire
or Police Departments.
§ 27-16. Safeguarding of persons and property intended.
The intent of this ordinance is to safeguard and restrict the
storage, handling and use of dangerous and hazardous materials
to a reasonable degree with respect to injury to persons and
destruction or damage to property. The Inspector shall main-
tain a public file of the Regulations of the National Board of
Fire Underwriters,9 which shall be deemed as advisory require-
ments to this ordinance, insofar as they can be applied to each
particular installation for which a permit is required.
§ 27-17. Appeal.
Whenever the Inspector shall reject or refuse to grant a per-
mit or whenever it is claimed that the provisions of this ordi-
nance do not apply, or whenever it is claimed that the intent
and meaning of this ordinance or any regulations have been
misconstrued or wrongly interpreted and the permit applied for
• has been refused by the Inspector, any person interested may
appeal from the decision of the Inspector in writing to the
Town Board within ten (10) days from such refusal to grant
such permit, and the Town Board shall within fifteen (15)
days review such order and file its decision thereon.
9 Editor's Note: The American Insurance Association is the successor to the
National Board of Fire Underwriters.
2709
§ 27-18 MAMARONECK CODE § 27-20
§ 27-18. Number of permits.
One (1) permit only shall be required by retail establishments
dealing in, or manufacturing plants using, two (2) or more
flammable, combustible or explosive materials to be kept in the
establishment at any one (1) time.
•
§ 27-19. Definition of explosives.
EXPLOSIVE or EXPLOSIVES — Whenever used in this
ordinance, shall be held to mean and include any chemical
compound or mechanical mixture that contains any oxidiz-
ing and combustible units or other ingredients in such
proportion, quantities or packing that an ignition by fire,
by friction, by concussion, by percussion or by detonator,
of any part of the compound or mixture, may cause such
a sudden generation of highly heated gasses that the
resultant gaseous pressures are capable of producing
destructive effects on contiguous objects or of destroying
life or limb, but shall not include the articles classed as
"fireworks" in § 27-27 of this ordinance.
§ 27-20. Permits required for explosives. [Amended 2-15-50]
It is prohibited for any person to manufacture, keep, have,
use, store, sell, offer for sale, or give away for transport any
explosives, excepting a person who has obtained a certificate or
license from the Industrial Commissioner of the State of New •
York, pursuant to Article 16 of the Labor Law of the State of
New York, and a permit to be granted by the Building
Inspector10 for transporting explosives, which permit may pre-
scribe conditions under which explosives may be transported.
10 Editor's Note: For additional information concerning the Building Inspector,
see § 27-2A of this chapter.
2710
§ 27-21 FIRE PREVENTION CODE § 27-22
§ 27-21. Blasting permits. [Amended 2-15-50; 4-21-82]
No person, firm or corporation shall blast or carry on any
blasting operations without having first obtained a permit from
the Building Inspector and without having first obtained from
the Industrial Commissioner of the State of New York a certificate
or license for the possession, use or storage of explosives, pur-
suant to Article 16 of the Labor Law of,the State of New York. A
• valid certified copy of the certificate of the blaster's competency
issued by the State of New York Department of Labor for each
person who will detonate explosives must be supplied to the
Building Inspector.
§ 27-22. Blasting permit application. [Amended 2-15-50; 5-4-77]
A. Application for a blasting permit must be made in
duplicate to the Building Inspector in the manner and form
prescribed by the Town Board. The applicant shall,
together with his application, present his certificate or
license issued to him by the Industrial Commissioner of the
State of New York, pursuant to Article 16 of the Labor
Law of the State of New York, and shall furnish any other
information required in the application prescribed by the
Town Board, and the application must recite the name,
residence and place of business of the applicant. No permit
shall be issued to any applicant except upon the filing of a
bond executed by a surety company authorized to do
business in the State of New York, the form of which bond
is to be approved by the Town Attorney, and in such
amount as shall be deemed adequate by the Building
Inspector, but in no event less than fifty thousand dollars
($50,000.). All permits, unless revoked, shall be for a term
not exceeding one (1) year from the date of issue, but the
• permit issued upon filing the bond and the application shall
not entitle the person receiving such permit to conduct any
blasting operations, except upon filing a further ap-
plication indicating the nature and site where the work is to
be performed and the intended location of the magazine
and the quantity and kind of explosives or detonators to be
kept therein, used therefrom or to be transported to and
2711 io-25-s3
§ 27-22 MAMARONECK CODE § 27-23
from said sites. Such supplemental or additional ap-
plication or applications, as the case may be, shall be
accompanied by a fee of fifteen dollars ($15.) for each ap-
plication,which fee shall be paid to the Building Inspector,
and the Building Inspector may, in his discretion, require a
bond for an additional amount if he considers the bond
originally filed to be inadequate.
B. No permit shall be issued by the Building Inspector unless •
the applicant submits with the application a certificate of
insurance issued by an insurance company authorized to do
business in the State of New York and in a form acceptable
to the Town Attorney certifying that the applicant has in
full force and effect a policy of public liability insurance,
including a specific endorsement covering all liabilities that
might arise from blasting and providing bodily injury and
wrongful death coverage of not less than five hundred
thousand dollars ($500,000.) for each person injured and
two million dollars ($2,000,000.) for each accident, as well
as two million dollars ($2,000,000.) for all property damage.
In addition, the applicant shall furnish the town with a
copy of a public liability and property damage policy in-
suring the property of the owner of the site where the
blasting is to take place or the developer of such property
for not less than the limits set forth above. The Building
Inspector may, in his discretion, require insurance for
additional amounts if he, in his sole judgement, deems the
originally filed insurance to be inadequate. Additionally,
the Building Inspector may require the applicant to furnish
the town with a certified list of properties and/or struc-
tures inspected by the insurance company which could
possibly be exposed to damage due to blasting operations
in the area. This requirement must be met before the
blasting operation permit is issued. [Added 4-21-82] •
§ 27-23. Revocation.
Any permit may be revoked at any time by the Town Board.
2712 io-25-83
§ 27-24 FIRE PREVENTION CODE § 27-26
§ 27-24. Nontransferability.
The transfer to or the use of a permit issued hereunder by any
person other than the one to whom the permit has been issued will
be sufficient cause for immediate revocation thereof.
§ 27-25. Bonds.
® All bonds herein required shall be conditioned for the payment
to the Town of Mamaroneck, in full or in part, or to any person
entitled thereto, of any loss,damage or injury resulting to persons
or property by reason of the use, storage, sale, giving away or
transportation of said explosives, and for the strict and full
compliance with the provisions hereof, and with such other
regulations pertaining to explosives as may hereafter be lawfully
made and enacted.
§ 27-26. Supervision.
The transportation, maintenance and guarding of any ex-
plosives or magazines under any license granted by the Inspector
shall be subject to his orders and directions. Any person operat-
(Cont'd on page 2713)
2712.1 10-25-83
§ 27-26 FIRE PREVENTION CODE § 27-30
ing under ,a permit must be, qualified in the care, handling and
use of explosives and shall further be able to understand and
speak English intelligently.
§ 27,27. Definition of fireworks.
• FIREWORKS — As used in this ordinance, shall be held
to mean any sparkler, squib, fire balloon, firecracker,
rocket, torpedo, roman candle, toy pistol, toy cannon,
detonating cane, blank cartridge and any other device
used to obtain or intended to obtain visible or audible
pyrotechnic display.
§ 27-28. Fireworks prohibition.
The manufacture of fireworks and the possession or display of
fireworks for sale is prohibited.
§ 27-29. Fireworks display permit.
The use or discharge of fireworks is prohibited, except that
the Inspector may issue a permit for a pyyotechnic display of
fireworks when under the control of qualified individuals, and
the time, place and manner of such display is approved by the
Inspector.
® § 27-30. Definition of small arms ammunition.
'SMALL ARMS AMMUNITION — Whenever used in this
ordinance, shall be held to mean any shotgun, rifle, pistol
or revolver cartridges.
2713
§ 27-31 MAMARONECK CODE § 27-35
§ 27-31. Small arms manufacturing.
No person shall manufacture, within the limits of the town
outside of incorporated villages of Mamaroneck, any small arms
ammunition.
§ 27-32. Sale of small arms ammunition./4
No person shall store for sale, sell or offer for sale or give •
away any small arms ammunition, without a permit.
ARTICLE III
Miscellaneous
§ 27-33. Storage of combustible or flammable materials.
It shall be unlawful for any person to place, store or keep
or permit to be placed, stored or kept, under or at the bottom
of any stairway, inside or outside, elevator or other shaft in
any building, any combustible or flammable materials, fluids
or compounds, nor shall any such combustible or flammable ma-
terials be placed or stored or kept in any place where ignition
or burning would obstruct or render hazardous egress from a
building.
§ 27-34. Obstructions in hallways.
No obstruction shall be permitted in hallways of tenement
houses or apartment houses.
§ 27-35. Doors.
Except in residence buildings, doorways serving as required •
exits to a street or to a court or open space communicating
with a street shall have the doors, including the doors of
vestibules, so hung as to swing outwards when opening.
14 Editor's Note: For additional regulations concerning firearms, see Ch. 25,
Firearms.
2714
§ 27-36 FIRE PREVENTION CODE § 27-37
§ 27-36. Aisles and passageways.
All doors, aisles and passageways within and leading into or
out of theaters, churches and all other places of public assemblage
shall be kept free from easels, signs, standards, campstools,
chairs, sofas, benches and any other article that might obstruct
or delay the exit of the audience, congregation or assemblage
• during the entire time which any show, performance, service,
exhibition, lecture, concert, ball or other assemblage may be
held, and it shall be unlawful for any person to sit or stand
or remain seated or standing or to allow any other person to
so remain in any such place of public assemblage in any aisle
under any circumstances, or in any exit or passage required
for the safe exit of the assemblage. Clear passage from all exits
and on sidewalks15 must at all times be maintained outside of
all theaters and other places of public assemblage. No aisle,
passageway or stairway in any store shall be obstructed with
tables, showcases or other obstruction during the hours said
store is open to the public. It shall be the duty of the Chief of
the Police Department to render assistance in the enforcement
of the provisions of this section and to direct and require police
officers to enter all places of public assemblage for such
purposes.
§ 27-37. First-aid fire appliances.
The Inspector shall survey each mercantile and manufacturing
establishment, each school, church, public garage, gasoline
station, automobile painting shop, theater and other place of a
• public or semipublic character, each hospital and place of
detention and each apartment house and tenement building,
and shall designate, subject to the approval of the Town Board,
approved first-aid fire appliances to be installed on such
premises. Such appliances shall consist of automatic alarm
I5 Editor's Nate: For additional regulations concerning streets and sidewalks,
see § 27-39 of this chapter; and Ch. 73, Streets and Sidewalks.
2715
§ 27-37 MAMARONECK CODE § 27-40
systems, automatic sprinklers, standpipe and hose, fixed, wheeled
or portable chemical extinguishers of a type suitable for the
probable class of fire, or suitable asbestos blankets, manual or
automatic covers or the introduction of an inert gas.
§ 27-38. Failure to install first-aid fire appliances.
Failure to furnish and install the equipment ordered by the •
Inspector and to maintain it in operative condition at all times
shall be considered a violation of this ordinance, punishable as
indicated hereinafter in this ordinance. Repeated disregard of
such orders shall constitute sufficient basis for the revoking of
any permit held by the owner or lessee of such premises.
§ 27-39. Bonfires.
No person shall kindle or maintain any bonfire or knowingly
furnish the materials for any such fire, or authorize or permit
any such fire to be kindled or maintained, or burn or cause to
be burned, any wastepaper, hay, grass, weeds,16 litter, excelsior,
shavings, trash,Y7 lumber, leaves, straw or any other combustible
material, in any street,18 alley, vacant lot or within twenty (20)
feet of any building, without a permit from the Inspector, unless
such burning shall be done in metallic or other noncombustible
receptacles and under such proper safeguards as the Inspector
may direct.
§ 27-40. Accumulations.
No person shall permit to remain upon any roof or in any
111/
court, yard, vacant lot or open space, any accumulation of waste-
16 Editor's Note: For additional regulations concerning weeds, see § 27-40 of
this chapter; and Ch. 46, Lot Maintenance.
17 Editor's Note: For additional regulations concerning trash, see § 27-4A of
this chapter.
18 Editor's Note: For additional regulations concerning streets and sidewalks,
see § 27-36 of this chapter.
2716
§ 27-40 FIRE PREVENTION CODE § 27-41
paper, hay, grass, straw, weeds,19 litter, excelsior, shavings,
trash,20 lumber, leaves, straw or combustible or flammable waste
or rubbish of any kind. All weeds, grass, vines or other growth,
when same endangers property or is liable to be fired shall be
cut down and removed by the owner or occupant of the property
it is on.
•
ARTICLE IV
Administration
§ 27-41. Violations and penalties.
A. Any violation of this ordinance' is a misdemeanor and is
punishable by a fine of not more than one hundred dollars
($100.) or imprisonment for not more than one (1) year
or both.
B. Additional penalties.
(1) All persons who shall violate any of the provisions
of this ordinance or fail to comply therewith, or who
shall violate or fail to comply with any order or
regulation made thereunder or who shall build in
violation of any detailed statement of specifications
or plans submitted and approved thereunder or any
certificate or permit issued thereunder, shall severally,
for each and every such violation and noncompliance
respectively, forfeit and pay a penalty not to exceed
the sum of twenty-five dollars ($25.). The imposition
of one (1) penalty for any violation of this ordinance
• shall not excuse the violation or permit it to continue;
and all such persons shall be required to correct or
remedy such violations or defects within a reasonable
19 Editor's Note: For additional regulations concerning weeds, see § 27-39 of
this chapter.
20 Editor's Note: For additional regulations concerning trash, see§ 27-4A of this
chapter.
2717
§ 27-41 MAMARONECK CODE § 27-44
time; and when not otherwise specified, each ten (10)
days or part thereof that prohibited conditions are
maintained shal constitute a separate offense.
(2) The application of the above penalty shall not be
held to prevent the enforced removal of prohibited
conditions.
(3) The penalties for violations as above provided shall •
be in addition to any fine provided for in the pre-
ceding Subsection A.
§ 27-42. inconsistent ordinances repealed.
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed.
§ 27-43. Severability.
If any section or part of section or paragraph of this ordi-
nance be declared invalid or unconstitutional, it shall not be
held to invalidate or impair the validity, force or effect of any
other section or sections or part of a section or paragraph of
this ordinance.
§ 27-44. When effective.
This ordinance shall take effect immediately after the same
shall have been published in accordance with Article 9 of the
Town Law.
•
2718
FLOOD DAMAGE PREVENTION
Chapter 28
FLOOD DAMAGE PREVENTION
Local Law
• No. 1
1979
A LOCAL LAW CREATING A FLOOD DAMAGE
PREVENTION PROGRAM
ARTICLE I
Statutory Authorization; Purpose; Objectives
§ 28-1. Statutory authorization.
§ 28-2. Findings of fact.
§ 28-3. Statement of purpose.
§ 28-4. Methods of reducing flood losses.
ARTICLE II
Definitions
§ 28-5. Terms defined.
ARTICLE III
General Provisions
• § 28-6. Applicable lands.
§ 28-7. Basis for establishing areas of special flood hazard.
§ 28-8. Penalties for offenses.
§ 28-9. Conflicting restrictions.
§ 28-10. Interpretation.
2801 11-25-80
MAMARONECK CODE
§ 28-11. Warning and disclaimer of liability.
ARTICLE IV
Administration
§ 28-12. Development permit required.
§ 28-13. Designation of Town Engineer. •
§ 28-14. Duties and responsibilities of Town Engineer.
§ 28-15. Variance procedure.
ARTICLE V
Provisions for Flood Hazard Reduction
§ 28-16. General standards.
§ 28-17. Specific standards.
§ 28-18. Coastal high hazard areas.
§ 28-19. Floodways.
ARTICLE VI
Miscellaneous Provisions
§ 28-20. Severability.
§ 28.21. When effective.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 6-6-79 as Local Law No. 1, 1979.' Amendments •
noted where applicable.]
GENERAL REFERENCES
Wetlands—See Ch. 88.
Subdivision of land— See Appendix, Part I.
'Editor's Note: This local law also superseded former Chapter 28, Flood Hazard
Areas, adopted 4-19.72 by resolution.
2802 11-25-80
§ 28-1 FLOOD DAMAGE PREVENTION § 28-3
Be it enacted by the Town Board of the Town of Mamaroneck,
as follows:
ARTICLE I
Statutory Authorization; Purpose; Objectives
• § 28-1. Statutory authorization.
The Legislature of the State of New York has, in §§ 261, 263,
276 and 277 of the Town Law and § 36-0101 of the Environmental
Conservation Law, delegated the responsibility to local govern-
mental units to adopt regulations designed to promote the public
health, safety and general welfare of its citizenry. Therefore, the
Town Board of the Town of Mamaroneck, excluding the
separately incorporated Village of Mamaroneck and Village of
Larchmont, New York, does hereby ordain, enact and publish as
follows.
§ 28-2. Findings of fact.
A. The flood hazard areas of the Town of Mamaroneck are
subject to periodic inundation which results in loss of life
and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public
expenditures for flood protection and relief and impairment
of the tax base, all of which adversely affect the public
health, safety and general welfare.
B. These flood losses are caused by the cumulative effect of
obstructions in areas of special flood hazard which increase
flood heights and velocities and, when inadequately an-
chored, damage uses of other areas. Uses that are
• inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
§ 28-3. Statement of purpose.
It is the purpose of this local law to promote the public health,
safety and general welfare and to minimize public and private
2803 ii-25-80
§ 28-3 MAMARONECK CODE § 28-4
losses to flood conditions in specific areas by provisions designed
to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood
control projects;
C. Minimize the need for rescue and relief efforts associated
•
with flooding and generally undertaken at the expense of
the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the
second use and development of areas of special flood haz-
ard so as to minimize future flood blight areas;
G. Ensure that potential buyers are notified that property is
in an area of special flood hazard; and
H. Ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
§ 28-4. Methods of reducing flood losses.
In order to accomplish its purposes, this local law includes
methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to
health, safety and property due to water or erosion hazards
or which result in damaging increases in erosion or in flood
heights or velocities;
B. Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream
channels and natural protective barriers, which help ac-
commodate or channel floodwaters;
2804 ii-25-so
§ 28-4 FLOOD DAMAGE PREVENTION § 28-5
D. Controlling filling, grading, dredging and other develop-
ment which may increase flood damage; and
E. Preventing or regulating the construction of flood barriers
which will unnaturally divert floodwaters or which may
increase flood hazards in other areas.
• ARTICLE II
Definitions
§ 28-5. Terms defined.
Unless specifically defined below, words or phrases used in this
local law shall be interpreted so as to give this local law its most
reasonable application.
APPEAL—A request for a review of the Town Engineer's
interpretation of any provision of this local law; a request
for a variance.
AREA OF SHALLOW FLOODING — A designated AO
or VO Zone on the Flood Insurance Rate Map (FIRM). The
base flood depths range from one (1) to three (3) feet; a
clearly defined channel does not exist; the path of flooding
is unpredictable and undeterminate; and velocity flow may
be evident.
AREA OF SPECIAL FLOOD HAZARD — The land in
the floodplain within a community subject to a one-
percent-or-greater chance of flooding in any given year.
BASE FLOOD—The flood having a one-percent chance of
being equalled or exceeded in any given year.
BREAKAWAY WALLS — Any type of walls, whether
• solid or lattice and whether constructed of concrete,
masonry, wood, metal, plastic or any other suitable
building material, which are not part of the structural
support of the building and which are so designed as to
break away, under abnormally high tides or wave action,
without damage to the structural integrity of the building
2805 ii-25-80
§ 28-5 MAMARONECK CODE § 28-5
on which they are used or to any buildings to which they
might be carried by floodwaters.
COASTAL HIGH HAZARD AREA — The area subject
to high-velocity waters, including but not limited to
hurricane wave wash or tsunamis. The area is designated
on a FIRM as Zone VI-30.
DEVELOPMENT — Any man-made change to improved •
or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations located
within the area of special flood hazard.
FLOOD or FLOODING — A general and temporary
condition of partial or complete inundation of normally dry
land areas from the overflow of inland or tidal waters
and/or the unusual and rapid accumulation or runoff of
surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) — The of-
ficial map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and
the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY — The official report
provided in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Boundary
-Floodway Map and the water surface elevation of the base
flood.
FLOODWAY — The channel of a river or other water-
course and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively
increasing the water surface elevation more than one (1)
foot. •
HABITABLE FLOOR — Any floor usable for living
purposes, which includes working, sleeping, eating,
cooking or recreation or a combination thereof.A floor used
only for storage purposes is not a"habitable floor."
MOBILE HOME — A structure that is transportable in
one (1) or more sections, built on a permanent chassis and
2806 11-,25-80
§ 28-5 FLOOD DAMAGE PREVENTION § 28-5
designed to be used with or without a permanent foun-
dation when connected to the required utilities. It does not
include recreational vehicles or travel trailers.
NEW CONSTRUCTION — Structures for which the start
of construction commenced on or after the effective date of
this local law.
iNEW MOBILE HOME PARK OR MOBILE HOME
SUBDIVISION—A parcel(or contiguous parcels) of land
divided into two (2) or more mobile home lots for rent or
sale, for which the construction of facilities for servicing
the lot (including, as a minimum, the installation of
utilities,either final site grading or the pouring of concrete
pads and the construction of streets) is completed on or
after the effective date of this local law.
SAND DUNES — Naturally occurring accumulations of
sand in ridges or mounds landward of the beach.
START OF CONSTRUCTION — The first placement of
permanent construction of a structure (other than a mobile
home) on a site, such as the pouring of slabs or footings or
any work beyond the stage of excavation. Permanent
construction does not include land preparation, such as
clearing, grading and filling, nor does it include the in-
stallation of streets and/or walkways, nor does it include
excavation for a basement, footings, piers or foundations
or the erection of temporary forms, nor does it include the
installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not as
part of the main structure. For a structure (other than a
mobile home) without a basement or poured footings, the
"start of construction" includes the first permanent
• framing or assembly of the structure or any part thereof on
its piling or foundation. For mobile homes not within a
mobile home park or mobile home subdivision, "start of
construction" means the affixing of the mobile home to its
permanent site. For mobile homes within mobile home
parks or mobile home subdivisions, "start of construction"
2807 11.26-80
§ 28-5 MAMARONECK CODE § 28-6
is the date on which the construction of facilities for ser-
vicing the site on which the mobile home is to be affixed
(including, at a minimum, the construction of streets,
either final site grading or the pouring of concrete pads and
installation of utilities) is completed.
STRUCTURE — A walled and roofed building, a mobile
home or a gas or liquid storage tank, that is principally
above ground.
SUBSTANTIAL IMPROVEMENT — Any repair,
reconstruction or improvement of a structure, the cost of
which equals or exceeds fifty percent (50%) of the market
value of the structure either before the improvement or
repair is started or, if the structure has been damaged and
is being restored, before the damage occurred. For the
purposes of this definition "substantial improvement" is
considered to occur when the first alteration of any wall,
ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the
external dimensions of the structure. The term does not,
however, include either any project for improvement of a
structure to comply with existing state or local health,
sanitary or safety code specifications which are solely
necessary to assure safe living conditions or any alteration
of a structure listed on the National Register of Historic
Places or the State Inventory of Historic Places.
VARIANCE —A grant of relief from the requirements of
this local law which permits construction in a manner that
would otherwise be prohibited by this local law.
ARTICLE III
General Provisions
§ 28-6. Applicable lands.
This local law shall apply to all areas of special flood hazard
within the unincorporated area of the Town of Mamaroneck.
2808 ii-25•80
§ 28-7 FLOOD DAMAGE PREVENTION § 28-9
§ 28-7. Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report
entitled the "Flood Insurance Study for the Town of
Mamaroneck," dated December 15, 1978, with accompanying
Flood Insurance Rate Maps and Flood Boundary - Floodway
• Maps, are hereby adopted by reference and declared to be a part of
this local law.The Flood Insurance Study is on file at the office of
the Town Clerk, 740 West Boston Post Road, Mamaroneck, New
York.
§ 28-8. Penalties for offenses.
No structure or land shall hereafter be constructed, located,
extended, converted or altered, without full compliance with the
terms of this local law and other applicable regulations. Violation
of the provisions of this local law by failure to comply with any of
its requirements (including violations of conditions and
safeguards established in connection with conditions) shall
constitute a violation. Any person who violates this local law or
fails to comply with any of its requirements shall, upon conviction
thereof,be fined not more than two hundred fifty dollars ($250.) or
imprisoned for not more than fifteen (15) days, or both, for each
violation and, in addition, shall pay all costs and expenses in-
volved in the case. Nothing herein contained shall prevent the
Town of Mamaroneck from taking such other lawful action as is
necessary to prevent or remedy any violation.
• § 28-9. Conflicting restrictions.
This local law is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However,
where this local law and other ordinance, easement, covenant or
deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
2809 . ii-26.80
§ 28-10 MAMARONECK CODE § 28-12
§ 28-10. Interpretation.
In the interpretation and application of this local law, all
provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers •
granted under state statutes.
§ 28-11. Warning and disclaimer of liability.
A. The degree of flood protection required by this local law is
considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This local law
does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free from
flooding or flood damages.
B. This local law shall not create liability on the part of the
Town of Mamaroneck, any officer or employee thereof or
the Federal Insurance Administration for any flood
damages that result from reliance on this local law or any
administrative decision lawfully made thereunder.
ARTICLE IV
Administration
§ 28-12. Development permit required.
A development permit shall be obtained before construction orIIIII
development begins within any area of special flood hazard
established in § 28-7. Application for a development permit shall
be made on forms furnished by the Town Engineer and may in-
clude but not be limited to plans in duplicate, drawn to scale,
showing the nature, location, dimensions and elevations of the
area in question, existing or proposed structures, fill, storage of
2810 11-25-80
§ 28-12 FLOOD DAMAGE PREVENTION § 28-14
materials, drainage facilities and the location of the foregoing.
Specifically, the following information is required:
A. Elevation, in relation to mean sea level, of the lowest floor
(including basement) of all structures;
B. Elevation, in relation to mean sea level, to which any
• structure has been floodproofed;
C. Certification by a registered professional engineer or ar-
chitect that the floodproofing methods for any
nonresidential structure meet the floodproofing criteria in
§ 28-17B; and
D. Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
§ 28-13. Designation of Town Engineer.
The Town Engineer is hereby appointed to administer and
implement this local law by granting or denying development
permit applications in accordance with its provisions.
§ 28-14. Duties and responsibilities of Town Engineer.
Duties of the Town Engineer shall include, but shall not be
limited to:
A. Permit review.
(1) Review all development permits to determine that the
permit requirements of this local law have been
satisfied.
• (2) Review all development permits to determine that all
necessary permits have been obtained from those
federal, state or local governmental agencies from
which prior approval is required.
(3) Review all development permits in the coastal high
hazard area of the area of special flood hazard, to
determine if the proposed development alters sand
dunes so as to increase potential flood damage.
2811 11-26.80
§ 28-14 MAMARONECK CODE § 28-14
(4) Review all development permits to determine if the
proposed development is located in the floodway. If
located in the floodway, assure that the encroachment
provisions of § 28-19A are met.
(5) Review plans for walls to be used to enclose below the
base flood level in accordance with § 28-18B(4).
B. Use of other base flood data. When base flood elevation r
data has not been provided in accordance with § 28-7,
Basis for establishing areas of special flood hazard, the
Town Engineer shall obtain, review and reasonably utilize
any base flood elevation data available from a federal, state
or other source, in order to administer § 28-17, Specific
standards, Subsection A, Residential construction, and
Subsection B, Nonresidential construction.
C. Information to be obtained and maintained.
(1) Obtain and record the actual elevation (in relation to
mean sea level) of the lowest habitable floor (in-
cluding basement) of all new or substantially im-
proved structures and whether or not the structure
contains a basement.
(2) For all new substantially improved floodproofed
structures:
(a) Verify and record the actual elevation (in relation
to mean sea level); and
(b) Maintain the floodproofing certifications required
in § 28-12C.
(3) In coastal high hazard areas, certification shall be
obtained from a registered professional engineer or
architect that the provisions of§ 28-18B(1) and (2)(a)
and (b) are met. •
(4) Maintain for public inspection all records pertaining to
the provisions of this local law.
D. Alteration of watercourses.
(1) Notify adjacent communities,the Westchester County
Department of Public Works and the New York State
2812 ii-25-80
§ 28-14 FLOOD DAMAGE PREVENTION § 28-15
Department of Environmental Conservation prior to
any alteration or relocation of a watercourse and
submit evidence of such notification to the Federal
Insurance Administration.
(2) Require that maintenance is provided within the
altered or relocated portion of said watercourse so that
• the flood-carrying capacity is not diminished.
E. Interpretation of FIRM boundaries. Make interpretations
where needed, as to the exact location of the boundaries of
the areas of special flood hazards (for example, where there
appears to be a conflict between a mapped boundary and
actual field conditions). The person contesting the location
of the boundary shall be given a reasonable opportunity to
appeal the interpretation, as provided in § 28-15.
§ 28-15. Variance procedure.
A. Appeal Board.
(1) The Planning Board as established by the Town of
Mamaroneck shall hear and decide appeals and
requests for variances from the requirements of this
local law.
(2) The Planning Board shall hear and decide appeals
when it is alleged that there is an error in any
requirement, decision or determination made by the
Town Engineer in the enforcement or administration
of this local law.
(3) Those aggrieved by the decision of the Planning
Board, or any taxpayer, may appeal such decision to
• the Supreme Court of the State of New York, as
provided in the Civil Practice Law and Rules, Article
78.
(4) In passing upon such applications, the Planning
Board shall consider all technical evaluations, all
relevant factors, standards specified in other sections
of this local law and:
2813 ii-25-80
§ 28-15 MAMARONECK CODE § 28-15
(a) The danger that materials may be swept onto
other lands to the injury of others;
(b) The danger of life and property due to flooding or
erosion damage;
(c) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner;
(d) The importance of the services provided by the
proposed facility to the community;
(e) The necessity to the facility of a waterfront
location, where applicable;
(f) The availability of alternative locations for the
proposed use which are not subject to flooding or
erosion damage;
(g) The compatibility of the proposed use with
existing and anticipated development;
(h) The relationship of the proposed use to the •
comprehensive plan and floodplain management
program of that area;
(i) The safety of access to the property in times of
flood for ordinary and emergency vehicles;
(j) The expected heights, velocity, duration, rate of
rise and sediment transport of the floodwaters
and the effects of wave action, if applicable,
expected at the site; and
(k) The costs of providing governmental services
during and after flood conditions, including
maintenance and repair of public utilities and •
facilities such as sewer, gas, electrical and water
systems and streets and bridges.
(5) Upon consideration of the factors of § 28-15A(4) and
the purposes of this local law, the Planning Board may
attach such conditions to the granting of variances as
2814 ii-25-80
§ 28-15 FLOOD DAMAGE PREVENTION § 28-15
it deems ncessary to further the purpose of this local
law.
(6) The Town Engineer shall maintain the records of all
appeal actions, including technical information, and
report any variances to the Federal Insurance Ad-
ministration upon request.
• B. Conditions for variances.
(1) Generally, variances may be issued for new con-
struction and substantial improvements to be erected
on a lot of one-half (1/2) acre or less in size contiguous
to and surrounded by lots with existing structures
constructed below the base flood level, provided that
the items in § 28-15A(4)(a) through (k) have been
fully considered. As the lot size increases beyond one-
half (1/2) acre, the technical justification required for
issuing the variance increases.
(2) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the
National Register of Historic Places or the State
Inventory of Historic Places, without regard to the
procedures set forth in the remainder of this section.
(3) Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
(4) Variances shall only be issued upon a determination
that the variance is the minimum necessary, con-
sidering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
• (a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance
would result in exceptional hardship to the ap-
plicant; and
(c) A determination that the granting of a variance
will not result in increased flood heights, ad-
2815 ii-25-80
§ 28-15 MAMARONECK CODE § 28-16
ditional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on
or victimization of the public as identified in § 28-
15A(4) or conflict with existing local laws or
ordinances.
(6) Any applicant to whom a variance is granted shall be
given written notice that the structure will be per •
-
mitted to be built with a lowest floor elevation below
the base flood elevation and that the cost of flood
insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
ARTICLE V
Provisions for Flood Hazard Reduction
§ 28-16. General standards.
In all areas of special flood hazard the following standards are
required:
A. Anchoring. All new construction and substantial im-
provements shall be anchored to prevent flotation, collapse
or lateral movement of the structure.
B. Construction materials and methods.
(1) All new construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage.
(2) All new construction and substantial improvements
shall be constructed using methods and practices that
minimize flood damage.
C. Utilities. •
(1) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of
floodwaters into the system;
(2) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of
2816 ii-25-80
§ 28-16 FLOOD DAMAGE PREVENTION § 28-17
floodwaters into the systems and discharge from the
systems into floodwaters; and
(3) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from
them during flooding.
• D. Subdivision proposals.
(1) All subdivision proposals shall be consistent with the
need to minimize flood damage;
(2) All subdivision proposals shall have public utilities
and facilities, such as sewer, gas, electrical and water
systems, located and constructed to minimize flood
damage;
(3) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood
damage; and
(4) Base flood elevation data shall be provided for sub-
division proposals and other proposed development
which contain at least fifty (50) lots or five (5) acres,
whichever is less.
§ 28-17. Specific standards.
In all areas of special flood hazard where base flood elevation
data have been provided as set forth in § 28-7, Basis for
establishing areas of special flood hazard, or in § 28-14B, Use of
other base flood data,the following standards are required:
A. Residential construction. New construction and sub-
stantial improvement of any residential structure shall
• have the lowest floor, including basement, elevated to or
above base flood elevation.
B. Nonresidential construction. New construction and
substantial improvement of any commercial, industrial or
other nonresidential structure shall either have the lowest
floor, including basement, elevated to the level of the base
flood elevation; or be floodproofed so that below the base
2817 ii-26-80
§ 28-17 MAMARONECK CODE § 28-18
flood level the structure is watertight with walls sub-
stantially impermeable to the passage of water, have
structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of bouyancy and be cer-
tified by a registered professional engineer or architect that
the standards of this subsection are satisfied. Such cer-
tifications shall be provided to the official as set forth in •
§ 28-14C(2).
C. Mobile homes. If mobile homes become a permissible use,
Federal Rules and Regulations, Title 24, Section
1910.3(b)(8), (d)(4), (c)(5), (c)(6) and (e)(7), shall become
applicable.
§ 28-18. Coastal high hazard areas.
Coastal high hazard areas (V Zones) are located within the areas
of special flood hazard established in § 28-7. These areas have
special flood hazards associated with high-velocity waters from
tidal surges and hurricane wave wash; therefore, the following
provisions shall apply:
A. Location of structures.
(1) All buildings or structures shall be located landward
of the reach of the mean high tide.
(2) The placement of mobile homes shall be prohibited,
except in an existing mobile home park or mobile
home subdivision.
B. Construction methods.
(1) Elevation.All buildings or structures shall be elevated •
so that the lowest portion of the structural members of
the lowest floor is located no lower than the base flood
elevation level, with all space below the lowest floor's
supporting members open, so as not to impede the
flow of water, except for breakaway walls as provided
for in § 28-18B(4).
2818 11-25-80
§ 28-18 FLOOD DAMAGE PREVENTION § 28-19
(2) Structural support.
(a) All buildings or structures shall be securely
anchored on pilings or columns.
(b) Pilings or columns used as structural support
shall be designed and anchored so as to withstand
all applied loads of the base flood flow.
•
(c) There shall be no fill used for structural support.
(3) Certification. Compliance with the provisions of § 28-
18B(1) and (2)(a) and (b) shall be certified to by a
registered professional engineer or architect.
(4) Space below the lowest floor.
(a) Any alteration, repair, reconstruction or im-
provement to a structure started after the
enactment of this local law shall not enclose the
space below the lowest floor unless breakaway
walls are used as provided for in this section.
(b) Breakaway walls shall be allowed below the base
flood elevation, provided that they are not a part
of the structural support of the building and are
designed so as to break away, under abnormally
high tides or wave action, without damage to the
structural integrity of the building on which they
are to be used.
(c) If breakaway walls are utilized, such enclosed
space shall not be used for human habitation.
(d) Prior to construction,plans for any structure that
will have breakaway walls must be submitted to
the Town Engineer for approval.
iC. There shall be no alteration of sand dunes which would
increase potential flood damage.
§ 28-19. Floodways.
Located within areas of special flood hazard established in§ 28-
7 are areas designated as floodways. Since the floodway is an
2819 11-25-80
§ 28-19 MAMARONECK CODE § 28-21
extremely hazardous area due to the velocity of floodwaters,
which carry debris, potential projectiles and erosion potential, the
following provisions apply:
A. Prohibition of encroachments, including fill, new con-
struction, substantial improvements and other develop-
ment, unless a technical evaluation demonstrates that
encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge.
B. If § 28-19A is satisfied, all new construction and sub-
stantial improvements shall comply with all applicable
flood hazard reduction provisions of Article V, Provisions
for Flood Hazard Reduction.
ARTICLE VI
Miscellaneous Provisions
§ 28-20. Severability.
The invalidity of any Article, section, paragraph, sentence,
clause or word of this local law shall not invalidate any other
Article, section, paragraph, sentence, clause or word thereof.
§ 28-21. When effective.
This local law shall take effect immediately.
•
2820 11-25-80
§ 29-1 GARAGE AND YARD SALES § 29-1
Chapter 29
GARAGE AND YARD SALES
Local Law
• No. 1
1973
A LOCAL LAW KNOWN AS "GARAGE AND YARD
SALES"
§ 29-1. Legislative intent.
§ 29-2. Type of sales and articles.
§ 29-3. License required; application.
§ 29-4. Penalties for offenses.
§ 29-5. Inspections.
§ 29-6. Severability.
§ 29-7. When effective.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 12-19-73 as Local Law No. 1, 1973. Amendments
noted where applicable.]
GENERAL REFERENCES
Hawking and peddling— See Ch. 34.
Noise regulation — See Ch. 51.
•
§ 29-1. Legislative intent.
This local law is intended to control, regulate and license the
conduct of sales commonly referred to as "garage sales" and
"yard sales"within residential areas of the unincorporated area of
the Town of Mamaroneck, and to distinguish such sales, as herein
2901 11 25-75
§ 29-1 MAMARONECK CODE § 29-3
defined, from those business uses prohibited in residential
districts by the Zoning Ordinance of the Town of Mamaroneck' on
the ground that such sales are not business uses.
§ 29-2. Type of sales and articles.
Garage sales, yard sales and tag sales permitted hereunder are
those sales of household and personal articles owned by the
•
resident of the premises where sold, or by not more than two (2)
additional residents of the Town of Mamaroneck, or an immediate
relative of such resident, and not acquired for the purposes of sale;
said sales being confined to the area within the lot lines and back
of the sidewalk or if there is no sidewalk, at least ten (10) feet back
of the street line.
§ 29-3. License required; application.
A. No person shall establish, operate, maintain or conduct a
yard sale or garage sale, or both, within the boundaries of
the unincorporated area of the Town of Mamaroneck unless
he shall first obtain a license for such garage sale or yard
sale from the Town Clerk. Every applicant for a license for
such sale shall apply for said license to the Town Clerk and
shall provide the Town Clerk with the following in-
formation:
(1) The name and address of the applicant, the names and
addresses of other residents whose property will also
be offered for sale (who shall also sign the application)
and the name and address of the real party in interest
if he is other than the applicant.
(2) The date, time and place of the proposed garage or
yard sale.
(3) A statement that he has read and understood § 29-2 •
hereof and that the proposed sale falls within the
definition therein.
B. Any such license, if issued by the Town Clerk, shall permit
such sale for a period of time not exceeding three (3)
Editor's Note: See Ch. 89, Zoning.
2902 -25-75
§ 29-3 GARAGE AND YARD SALES § 29-5
consecutive days in any calendar year at any one (1)
residence; provided, however, that in the event of rain or
similar inclement weather one (1) or more of such days can
be postponed to a later date specified in the application,
and shall limit the hours of such sale on those days from
9:00 a.m. to 6:00 p.m. No such license shall be granted for a
sale in an apartment building without the written per-
mission of the landlord or his designated agent.
C. Sign provision. No more than five (5) temporary signs of a
size not exceeding the limit in the Sign Ordinance for signs
in residential areas within the Town of Mamaroneck shall
be permitted.'
§ 29-4. Penalties for offenses.
A. The violation of any of the provisions of this local law is
hereby declared to be a misdemeanor, and any person
violating the same shall be guilty of a misdemeanor and
shall, upon conviction before a Justice of the Peace, be
punished by a fine not exceeding one hundred dollars
($100.), or in default of payment of such fine, by im-
prisonment for a term not exceeding thirty (30) days.
B. In addition to the penalties prescribed herein, any sale of
articles other than those described in § 29-2 hereof in a
residential district, whether or not a license for a yard sale
or garage sale has been granted, shall be deemed a
violation of the Zoning Ordinance of the Town of
Mamaroneck and subject to the penalties the-ein
prescribed.
1111 § 29-5. Inspections.
All licensed premises shall at all times be subject to such
reasonable rules as may be made from time to time by the Town
Board of the Town of Mamaroneck, and shall be subject to in-
spection at all times by the Chief of Police or any other duly
authorized representative of the Town of Mamaroneck.
2 Editor's Note: See Ch.14,Building Code,Article XIX,§ 14-102.
2 903 11-25-75
§ 29-6 MAMARONECK CODE § 29-7
§ 29-6. Severability.
The invalidity of any Article, section, paragraph, sentence,
clause or word of this local law shall not invalidate any other
Article, section, paragraph, sentence, clause or word thereof.
§ 29-7. When effective.
This local law shall take effect immediately. •
2904 it-25-75
GARBAGE AND RUBBISH
Chapter 30
GARBAGE AND RUBBISH/
• § 30-1. Permit required; use of dump; prohibited items.
§ 30-2. Sanitation of premises.
§ 30-3. Littering.
§ 30-4. Exclusions.
§ 30-5. Receptacles required.
§ 30-6. Garbage container requirements.
§ 30-7. Placement for collection.
§ 30-8. Separation of materials.
§ 30-9. Noncombustibles.
§ 30-10, Vegetation wastes.
§ 30-11. Violations and penalties.
§ 30-12. Applicability.
§ 30-13. Inconsistent ordinances repealed.
§ 30-14. General title.
§ 30-15. When effective.
§ 30-16. Severability.
§ 30-17. Definitions.
• [HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-17-37 as Chapter I, VII, X and XI of the
General Ordinances. Amendments noted where applicable.]
1 Editor's Note: For additional regulations concerning garbage and rubbish, see
Ch. 14, Building Code, § 14-55A; Ch. 17, Conservation Areas, § 17-8; Ch. 27, Fire
Prevention Code, § 27-4A; Ch. 37, House Trailers, Trailer Camps and Tourist
Camps, § 37-4J(2); Ch. 55, Parks,§ 55-9; Ch. 64, Sewer Connections,§ 64-15; Ch. 67,
Smoke Control, § 67-6; and Ch. 73, Streets and Sidewalks, § 73-7.
3001
§ 30-1 MAMARONECK CODE - § 30-1
§ 30-1. Permit required; use of dump; prohibited items.
[Amended 3-2-60]
A. For the preservation of the health, peace and good order
of the community, no person, firm, association or corpo-
ration shall solicit, receive and•/or transport any old paper,
garbage, refuse, ashes, rubbish, used cans, dirt, cinders, •
building materials,2 used or broken glass, trees stumps,
branches and clippings, old and unused motor vehicles4
or machinery or parts thereof, or any other waste matter,
within the Town of Mamaroneck outside of incorporated
villages, and deposit same anywhere in the Town of Ma-
maroneck, except at a dump maintained by the town for
such purpose and then only upon obtaining a permit as
herein provided. Such permit shall be issued only to res-
idents of the Town of Mamaroneck by the Superinten-
dent of Highways upon application duly made upon forms
provided by him for such purpose and upon payment to
him of ten dollars ($10.) for each permit, which shall be
valid until the 31st day of December next succeeding the
date of issue. The Superintendent of Highways shall
adopt rules and regulations prohibiting the delivery of any
items at any dump maintained by the Town of Mamaro-
neck which are considered detrimental to the proper oper-
ation of the dump or the comfort and safety of the sur-
rounding residents, including but not limited to the fol-
lowing items, which shall be prohibited:
(1) Tree wood over six (6) inches in diameter or over
four (4) feet long, including stumps and trunks of .
trees.
2 Editor's Note: For additional regulations concerning building materials, see
§ 30-9 of this chapter; and Ch. 14, Building Code, § 14-55A.
13 F.i$itor's Note: For additional regulations concerning trees, see Ch. 46, Lot
Maintenance, § 46-2.
4 Editor's Note: For additional regulations concerning vehicles, see Ch. 81, Ve-
hicle and Traffic.
3002
§ 30-1 GARBAGE AND RUBBISH § 30-3
(2) Loose brush and tree branches, unless processed
through an approved brush grinder.
(3) Railroad ties, telephone poles and discarded auto-
mobiles and trucks.
(4). Used or discarded building materials such as him-
ber, plaster, etc., discarded refrigerators,5 washing
• machines, boilers, wooden boxes and crates, cardboard,
cartons, beds, including mattresses and springs, chairs,
couches and all furniture.
(5) Inflammable or highly combustible materials6 such as
cleaning-establishment waste or other industrial wastes
found to be undesirable materials containing varnish,
paint thinners, etc., refuse such as sawdust, explosives,
ammunition, oil drums, cans or barrels containing com-
bustible materials, rubber tires, rubber wastes, battery
cases, tar paper, roofing-tar cans, etc.
B. The dumping of any materials hereinabove enumerated
within the Town of Mamaroneck outside of incorporated
villages, without a permit, is hereby prohibited.
§ 30-2. Sanitation of premises.
No person, firm, association or corporation shall, within the
Town of Mamaroneck, allow, permit or cause to exist any unsani-
tary or filthy condition in or about any premises owned and/or
used or occupied by such person, firm, association or corporation.
§ 30-3. Littering.
• No person, firm, association or corporation shall, within the
Town of Mamaroneck, drop, deposit or otherwise dispose of any
5 Editor's Note: For additional regulations concerning discarded containers, see
Ch. 19, Container Hazards.
6 Editor's Note: For additional regulations concerning inflammable materials,
see Ch. 27, Fire Prevention Code.
3003
§ 30-3 MAMARONECK CODE § 30-6
old paper, garbage, refuse, ashes, rubbish, used cans, used glass-
ware, broken glassware, dirt, cinders or waste matter, within the
boundaries of any such streets, roads, highways or public places'
of said town, nor upon any private property adjacent to such
streets, roads or public places.
§ 30-4. Exclusions. •
The provisions of this. chapter shall not apply to any agent
or employee of the town or to any contractor employed by the
town, who is authorized to collect and transport garbage and
refuse to any dump maintained by the town, or any garbage
or disposal plant, nor shall it apply to the operation of any dump
or garbage and refuse disposal plant operated by the town.
§ 30-5. Receptacles required. [Added 11-5-41]
Every owner, lessee or occupant of occupied • operty within
the Town of Mamaroneck outside of ineorp.. ted villages', and
the superintendent or person in .rge ereof, are hereby re-
quired to• provide substantial, u• 4 watertight containers of
sufficient capacity in the aggre : • to store such quantity of
garbage as may be produced within one hundred (100) hours,
and are required to keep all garbage, food, wastes. and matter
that will decay, therein.
§ 30-6. Garbage container requirements. [Added 11-5-41] •
Containers for garbage shall be of galvanized metal not ex-
ceeding twenty (20) gallons or two (2) bushels in capacity. Each
container shall be equipped with adequate handles and shall be
7 Editor's Note: For additional regulations concerning streets and sidewalks, see
Ch. 73, Streets and Sidewalks.
3004
§ 30-6 GARBAGE AND RUBBISH § 30-9
provided, with a tightfitting flanged cover of galvanized metal.
Garbage placed in such containers shall be placed in paper bags
or wrapped in paper.
§ 30-7. Placement for collection. [Added 11-5-41]
• Garbage awaiting collection shall be kept in containers which
shall be tightly covered at all times. The placing of garbage in
pasteboard or wooden boxes or in barrels or in cartons or bags
is forbidden. Containers, shall be kept near the rear of build-
ings in an easily accessible location. The space about the con-
tainers shall be, at all times, kept clear of debris and spillage.
All garbage must be drained before placing the same in con-
tainers.
§ 30-8. Separation of materials. [Added 11-5-41]
Ashes, cans and bottles from residential properties may be
placed in garbage containers or in the separate containers pro-
vided for noncombustible refuse, but ashes, cans and bottles
from apartments, schools, churches, clubs or other places hav-
ing large coal heating units, and refuse from apartment house
incinerators, shall not be placed in garbage containers but shall
be placed in separate containers and may be combined with
noncombustible refuse.
§ 30-9. Noncombustibles. [Added 11-5-41]
• Noncombustible refuse or materials or refuse which cannot be
burned at the incinerator, such as metalware, stones, gravel,
earth, unburnable building materials' or other mixed mate-
rials, the greater part of which is unburnable., must be placed in
8 Editor's Note: For additional regulations concerning building materials, see
§ 30-1A of this chapter,
3005
§ 30-9 MAMARONECK CODE § 30-11
separate containers not larger than forty (40) gallons or four
(4) bushels in capacity. No such noncombustible material shall
be placed in containers with garbage.
§ 30-10. Vegetation wastes. [Added 11-5-41]
Leaves, hedge and shrubbery clippings and grass9 may be •
placed in either the garbage container or in the container pro-
vided for noncombustible material.
§ 30-11. Violations and penalties.
A. Any person violating any of the provisions of this ordi-
nance, as the same may be from time to time amended, for
which no other penalty is provided, shall be guilty of a
misdemeanor punishable by imprisonment for not more
than one (1) year or by a fine of not more than five
hundred dollars ($500.), or both. [Amended 10-20-54]
B. [Amended 12-17-53] Additional penalties.
(1) Violation of §§ 30-2, 30-3 and 30-7 of this ordinance
shall subject the offender, for each offense, to a
civil penalty not to exceed fifty dollars ($50.).
(2) The penalty for violation as above provided, shall
be in addition to any fine provided for in § 30-11A.
(3) Every day or part thereof that such violation shall •
continue shall be deemed to be a separate and dis-
tinct violation of the said several provisions of this
ordinance and shall render every person liable for a
separate penalty for each such violation.
9 Editor's Note: For additional regulations concerning vegetation, see Ch. 46,
Lot Maintenance.
3006
§ 30-12 GARBAGE AND RUBBISH § 30-16
§ 30-12. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever
and wherever the words "Town of Mamaroneck" are used, such
words shall mean the Town of Mamaroneck outside of incor-
porated villages.
§ 30-13. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting or
pertaining to subjects covered in this ordinance, insofar as they
are inconsistent herewith, are hereby repealed.
§ 30-14. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated vil-
ages."
§ 30-15. When effective.
This ordinance shall become effective immediately upon publi-
cation and posting thereof as provided in Section 133 of Chap-
ter 634 of the Laws of 1932, constituting Chapter 62 of the
Consolidated Laws and known as the Town Law.
• § 30-16. Severability.
The declaration of any portion of this ordinance by a court
of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but
only that part thereof so declared to be invalid, and the re-
mainder of said ordinance shall remain in full force and effect.
3007
§ 30-17 MAMARONECK. CODE § 30-17
§ 30-17. Definitions.
STREET — Is, every way set apart for public travel, ex-
cept alleyways, bridlepaths and footpaths.
SIDEWALKS — Is that portion of the street between the
physically established curblines and the designated prop- •
erty lines.
VEHICLE—Is every device by which any person or prop-
erty is or may be transported or drawn upon the street.
PARK, PARKING or PARKED — Shall mean the stop-
ping of a motor vehicle or motorcycle upon any public
highway and leaving such motor vehicle or motorcycle
unattended by a person capable of operating it, for a
period longer than necessary to load or unload passengers
or freight.
PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and
incorporated and joint-stock associations.
[Added 5-3-39]
•
3008
Chapter 31
•
( RESERVED )
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has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
3101-3199
Chapter 32
•
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
3201-3299
Chapter 33
•
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
3301-3399
HAWKING AND PEDDLING
Chapter 34
HAWKING AND PEDDLING'
§ 34-1. License required.
§ 34-2. Vehicle license required.
§ 34-3. Applications
§ 34-4. Personal permit.
§ 34-5. License fees.
§ 34-6. Exclusion: delivery vehicles.
§ 34-7. Exclusions: interstate and solicited orders.
§ 34-8. Exclusion: food producers.
§ 39-9. Exclusion: state-licensed parties.
§ 34-10. Licenses: cancellation, nontransferability, expiration.
§ 34-11. Advertisements; exceptions.
§ 34-12. Violations and penalties.
§ 34-13. Applicability.
§ 34-14. Inconsistent ordinances repealed.
§ 34-15. General title.
§ 34-16. When effective.
§ 34-17. Severability.
§ 34-18. Definitions.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-17-37 as Chapters I, VIII, X and XI of the
General Ordinances. Amendments noted where applicable.]
/Editor's Note: For additional regulations concerning hawking and peddling,
see Ch. 55, Parks, § 55-12.
3401
§ 34-1 MAMARONECK CODE § 34-4
§ 34-1. License required. [Amended 7-1-53]
No person shall barter, sell, peddle, hawk or vend goods,
wares, merchandise, produce or services of an established busi-
ness, upon the street, roads, highways or public placess of
the town, or by going from house to house soliciting purchases,
unless a license so to do has previously been obtained by him •
from the. Town Clerk. The applicant for such license shall reg-
ister his name and address with the Chief of Police as a condi-
tion for obtaining such license.
§ 34-2. Vehicle license required. [Amended 5-3-39]
No vehicles of any kind or description drawn by an animal or
animals.,4 or propelled by hand or other power, shall be used, for
the barter and sale of goods, wares, merchandise or produce there-
from, upon the streets, roads, highways or public places of the
town unless a license therefor shall first have been obtained
from the Town Clerk, which license shall at all times be dis-
played in a conspicuous place on the inside of such vehicle.
§ 34-3. Applications. [Amended 5-3-39]
Applications for licenses under this chapter may be refused
by the Town Clerk, as provided by law.
§ 34-4. Personal permit. [Amended 7-1-53]
Where a vehicles has been licensed as provided in § 34-2 of •
this chapter, such license shall include the right of a driver or
I Editor's Note: For additional regulations concerning streets and sidewalks,
see § 34-11 of this chapter; and Ch. 73, Streets and Sidewalks.
3 Editor's Note: For additional regulations concerning vehicles, see §§ 34-4, 34-5
and 34-6 of this chapter; and Ch. 81, Vehicle and Traffic.
4 Editor's Note: For additional regulations concerning animals, see Ch. 6, Ani-
mals.
5 Editor's Note: See also § 34-2 of this chapter.
3402
§ 34-4 HAWKING AND PEDDLING § 34-6
operator of such vehicle to sell, peddle, hawk or vend the goods,
wares and merchandise carried in such vehicle, provided,however,
that no person, including the owner of such licensed vehicle,
shall operate the same without a personal permit to be issued
by the Chief of Police, upon the production of satisfactory proof
of the fitness of the applicant therefor, and such permit shall
expire on the 31st day of December after the issuance thereof,
• unless sooner revoked. Nothing herein contained shall be con-
strued to permit any salesman or helper upon any vehicle for
which a peddler's or hawker's license has been obtained to ped-
dle, hawk or vend the goods, wares or merchandise carried in
such vehicle, by means of any stand or box or otherwise than
from the vehicle itself, unless a peddler's or hawker's license
has been separately obtained for each such salesman or helper,
in accordance with the provisions of § 34-1 of this chapter.
§ 34-5. License fees. [Amended 5-3-39]
A. For each vehicles hereinabove described, the license fee
shall be twenty-five dollars ($25.).
B. For each license for bartering, selling, peddling, hawking
or vending from a stand, box, basket or other receptacle or
on foot, the fee shall be ten dollars ($10.).
§ 34-6. Exclusion: delivery vehicles.
The provisions of this chapter requiring licenses for vehicles"
shall not be construed to require licenses for delivery vehicles
owned or used by grocers, bakers or other persons, firms or cor-
• porations having within the town a store., storehouse or ware-
house for the sale or distribution of, or an establishment for the
manufacture of, the merchandise carried in said vehicle, nor for
the drivers or operators of such vehicle.
6 Editor's Note: See also § 34-2 of this chapter.
7 Editor's Note: See also§ 34-2 of this chapter.
3403
§ 34-7 MAMARONECK CODE § 34-11
§ 34-7. Exclusions: interstate and solicited orders.
Amended 5-3-39]
The provisions of this chapter shall not apply to the selling,
bartering or vending of goods, wares, or merchandise where such
goods, wares or merchandise are shipped from outside the state,
or where orders for goods, wares or merchandise are solicited
and such goods, wares or merchandise are subsequently delivered. •
§ 34-8. Exclusion: food producers. [Amended 5-3-39]
The provisions of this chapter shall not apply to the selling,
peddling or vending of meats, fish, fruits and farm produce by
farmers and/or other persons who produce or catch such com-
modities.
§ 39-9. Exclusion: state-licensed parties.
The provisions of this chapter shall not apply to the holder
of a license granted pursuant to Section 32 of the General Busi-
ness Law.
§ 34-10. Licenses: cancellation, nontransferability, expiration.
Any and all licenses granted pursuant to this chapter are
subject to cancellation by the Town Board upon cause therefor
being shown, are not transferable and shall expire on the 31st
day of December following issuance.
§ 34-11. Advertisements; exceptions. [Added 5-3-39] •
No person shall throw, cast or distribute or cause to be thrown,
cast or distributed any commercial handbill, circular, card or
other commercial advertising8 matter whatsoever, in or upon any
8 Editor's Note: For additional regulations concerning advertisements, see Ch. 3,
Advertisements.
3404
§ 34-11 HAWKING AND PEDDLING § 34-12
street or public place,9 or in a front yard or courtyard or any
stoop, or in the vestibule or any hall of any building, or in a
letter box therein, or in or upon any motor vehicle, provided that
nothing herein contained shall be deemed to prohibit or other-
wise regulate the delivery of any such matter by the United
States postal service or prohibit the distribution of sample copies
of newspapers regularly sold by the copy or by annual sub-
• scription, or samples of goods or merchandise. This section is
not intended to prevent the lawful distribution of anything other
than commercial and business advertising matter.
§ 34-12. Violations and penalties.
A. Any person violating any of the provisions of this ordi-
nance, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty of
a misdemeanor punishable by imprisonment for not more
than one (1) year or by a fine of not more than five
hundred dollars ($500.), or both. [Amended 10-20-54]
B. [Amended 12-17-53] Additional penalties.
(1) Violation of §§ 34-1, 34-2, and 34-11 of this ordi-
nance shall subject the offender, for each offense,
to a civil penalty not to exceed fifty dollars ($50.).
(2) The penalty far violation as above provided shall be
in addition to any fine provided for in § 34-12A
(3) Every day or part thereof' that such violation shall
• continue shall be deemed to be a separate and distinct
violation of the said several provisions of this ordi-
nance and shall render every person liable for a
separate penalty for each such violation.
9 Editor's Note: For additional regulations concerning streets and sidewalks, see
§ 34-1 of this chapter.
3405
§ 34-13 MAMARONECK CODE § 34-17
§ 34-13. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever and
wherever the words "Town of Mamaroneck" are used, such words
shall mean the Town of Mamaroneck outside of incorporated
villages.
•
§ 34-14. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting or
pertaining to subjects covered in this ordinance, insofar as they
are inconsistent herewith, are hereby repealed.
§ 34-15. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated vil-
lages."
§ 34-16. When effective.
This ordinance shall become effective immediately upon publi-
cation and posting thereof as provided in Section 133 of Chapter
634 of the Laws of 1932, constituting Chapter 62 of the Con-
solidated Laws and known as the Town Law.
§ 34-17. Severability.
The declaration of any portion of this ordinance by a court 4110
of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder of
said ordinance shall remain in full force and effect.
3406
§ 34-18 HAWKING AND PEDDLING § 34-18
§ 34-18. Definitions.
STREET — Is every way set apart for public travel, ex-
cept alleyways, bridlepaths and foothpaths.
SIDEWALKS — Is that portion of the street between the
physically established curblines and the designated prop-
• erty lines.
VEHICLE —Is every device by which any person or prop-
erty is or may be transported or drawn upon the street.
PARK, PARKING or PARKED — Shall mean the stop-
ping of a motor vehicle or motorcycle upon any public
highway and leaving such motor vehicle or motorcycle
unattended by a person capable of operating it, for a
period longer than necessary to load or unload passengers
or freight.
PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and in-
corporated and joint-stock associations. [Added 5-3-39]
•
3407
§ 35-1 HELICOPTERS AND OTHER AIRCRAFT § 35-1
Chapter 35
HELICOPTERS AND OTHER AIRCRAFT
Local Law
O No. 1
1980
A LOCAL LAW HELICOPTERS AND OTHER AIRCRAFT
§ 35-1. Applicability.
§ 35-2. Unauthorized takeoffs and landings prohibited.
§ 35-3. Hovering prohibited.
§ 35-4. Discharge or acceptance of passengers prohibited.
§ 35-5. Violations to be misdemeanors.
§ 35-6. Penalties for offenses.
§ 35-7. Emergency landings.
§ 35-8. Severability.
§ 35-9. When effective.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 10-15-80 as Local Law No. 1, 1980. Amendments
noted where applicable.]
§ 35-1. Applicability.
The following local law shall apply to the unincorporated area of
the Town of Mamaroneck.
3501 1.25.83
§ 35-2 MAMARONECK CODE § 35-6
§ 35-2. Unauthorized takeoffs and landings prohibited.
All takeoffs and landings of helicopters or other aircraft from
other than approved areas are prohibited within the unin-
corporated area of the Town of Mamaroneck.
§ 35-3. Hovering prohibited.
The hovering of helicopters so as to discharge or accept •
passengers is prohibited within the unincorporated area of the
Town of Mamaroneck.
§ 35-4. Discharge or acceptance of passengers prohibited.
The discharging or accepting of a passenger from or into a
hovering helicopter within the unincorporated area of the Town of
Mamaroneck is prohibited.
§ 35-5. Violations to be misdemeanors.
A violation of this local law shall be a misdemeanor.
§ 35-6. Penalties for offenses.
A violation of this local law shall be punishable as follows:
A. A person found guilty may be sentenced to thirty (30) days
in jail or a fine of five hundred dollars ($500.), or both, for a
first offense.
B. A person found guilty of violating this local law a second
time may be sentenced to up to sixty (60) days in jail or
fined up to one thousand dollars ($1,000.), or both.
C. A person found guilty of a third violation and subsequent
violations of this local law may be sentenced up to one
hundred twenty (120) days in jail or fined up to two
thousand dollars ($2,000.), or both.
3502 1.25-83
§ 35-6 HELICOPTERS AND OTHER AIRCRAFT § 35-9
D. As provided in§ 80.00 and § 80.05 of the Penal Law of the
State of New York, in lieu of the foregoing schedule of
fines, a fine equal to two (2) times the profit made as a
result of such prohibited landing, takeoff or hovering may
be imposed.
• § 35-7. Emergency landings.
Emergency landings are exempt from this local law. However,
in the event of an emergency landing, no movement of the
helicopter or other aircraft may be made or permitted until such
time as an administrative authority designated by the Town
Council has approved the movement of the helicopter or other
aircraft.
§ 35-8. Severability.
The invalidity of any section, provision or portion of this local
law shall not invalidate any other section, provision or remaining
portion thereof.
§ 35-9. When effective.
This local law shall take effect immediately as provided by and
pursuant to the laws of the State of New York.
3503 1-25-83
Chapter 36
•
(RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
3601-3699
HOUSE TRAILERS, TRAILER CAMPS, ETC.
Chapter 37
HOUSE TRAILERS, TRAILER CAMPS AND
TOURIST CAMPS'
• § 37-1. Licenses and permits required.
§ 37-2. Trailer and tourist camps: licenses, applications, fees.
§ 37-3. House trailers: permits, applications, fees.
§ 37-4. Regulations for trailer camps and tourist camps.
§ 37-5. Time limit on period of stay.
§ 37-6. Compliance with other laws.
§ 37-7. Conversion to dwelling.
§ 37-8. Regulations for house trailers.
§ 37-9. Enforcement; right of entry.
§ 37-10. Revocation of license.
§ 37-11. Termination of permits.
§ 37-12. Revocation of permits.
§ 37-13. Responsibility of parties concerned.
§ 37-14. Violations and penalties.
§ 37-15. Exclusion: storage of trailer.
§ 37-16. Additional violations and penalties.
§ 37-17. Applicability.
§ 37-18. Inconsistent ordinances repealed.
§ 37-19. General title.
1 Editor's Note: For additional regulations concerning trailers or tourist camps,
see Ch. 89, Zoning, § 89-47.
3701
§ 37-1 MAMARONECK CODE § 37-2
§ 37-20. When effective.
§ 37-21. Severability.
§ 37-22. Definitions.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 9-5-39 as Chapter IX-A, and 2-17-37 as
Chapters I, X and XI, of the General Ordinances. 1110
Amendments noted where applicable.]
§ 37-1. Licenses and permits required.
A. No person or persons shail run, operate or conduct the
business of a trailer camp or tourist camp upon any prem-
ises within the Town of Mamaroneck, whether or not such
person or persons be the owner of such premises, nor shall
any person or persons being the owner or occupant of any
land or premises in the Town of Mamaroneck, use or
permit the use of the said land or premises as a tourist
camp or trailer camp, without a license having first been
obtained as hereinafter provided.
B. No person or persons being the owner or occupant of
any premises within the Town of Mamaroneck shall use
or permit the use of such premises for the parking, storage,
use or other,location of a house trailer, without a permit
obtained as hereinafter provided; nor shall any person,
being the owner or operator of a house trailer, park,
store or otherwise, locate; said house trailer upon any
premises within the Town of Mamaroneck without ob-
taining a permit therefor as hereinafter provided. •
§ 37-2. Trailer and tourist camps: licenses, applications, fees.
A. Issuance of license. The Town Clerk of the Town of
Mamaroneck, upon written application and upon receipt
of the license fee therefor, may, with the written approval
3702
§ 37-2 HOUSE TRAILERS, TRAILER CAMPS, ETC. § 37-2
of the Westchester County Department of Health and of
the Zoning Board of Appeals2 of the Town of Mamaroneck,
issue a license to become effective from the date thereof
and to continue in force for the term specified therein,
but not in any event longer than through the 31st day of
December next succeeding, for the use of the premises
• therein specified as a trailer camp or tourist camp. Such
license shall not be transferable or assignable.
B. Application for license.
(1) The application for such license shall state the name
and address of the applicant if an individual, the name
and address of the partners if a partnership and the
names and addresses of the principal officers if a
corporation; the name and address of the owner of the
premises upon which the trailer or tourist camp is
to be located, and if such applicant be not the owner
of such premises, the nature of the interest of such
applicant in said premises; a description of the land
or premises upon which the proposed trailer camp or
tourist camp is to be located; a complete plan o•f
the proposed trailer camp or tourist camp, including
a plot plan of the property and a proposed layout
showing the extent and area to be used for such camp
purposes; the proposed roadways and/or driveways;
proposed location or site for each house trailer, camp
cottage, tent house, cabin or other building or struc-
ture, and the construction of all proposed sanitary
• conveniences, laundry buildings" and slop sinks; the
proposed method of sewage disposal or removal;4 the
2 Editor's Note: For additional information concerning the Zoning Board of
Appeals, see Ch. 89, Zoning, § 89-77.
3 Editor's Note: For additional regulations concerning buildings, see Ch. 14,
Building Code.
4 Editor's Note: For additional regulations concerning sewage,see§ 37-4I of this
chapter; and Ch. 64, Sewer Connections.
3703
§ 37-2 MAMARONECK CODE § 37-2
plan for water supply,5 electric light, and a plan for
proposed toilets, washrooms and laundry.6
(2) Such application shall, when presented to the Town
Clerk, be immediately referred to the Zoning Board
of Appeals for approval or rejection. The Zoning
Board of Appeals, within thirty (30) days after the •
receipt of such application from the Town Clerk, shall
approve or reject the said application, and its decision
shall be filed with the Town Clerk and a copy thereof
furnished to the applicant. Before issuing any license,
the Town Clerk shall submit the application to the
Westchester County Department of Health for ap-
proval or rejection. Such approval or rejection shall
be in writing,. Any applicant who has been refused
a license by the Town Clerk may apply to the Town
Board therefor, and the same may be granted or re-
fused by the Board except as prohibited in Section
137 of the Town Law. The provisions of Section 137
of the Town Law, with respect to the issuing of li-
censes by the Town Clerk, shall apply to licenses
issued for a trailer or tourist camp.
C. The applicant shall at the time of the issuance of such
license pay to the Town Clerk a fee in accordance with
the following schedule:
(1) Trailer camps having a capacity of not more than
five (5) house trailers, or tourist camps with living
quarters for not more than fifteen (15) persons, in-
cluding children, twenty-five dollars ($25.). •
(2) Trailer camps having a capacity of not more than
ten (10) house trailers, or tourist camps with living
6 Editor's Note: For additional regulations concerning water, see §§ 37-4I and
87-8A of this chapter; Ch. 84, Water; and Ch. 87, Water Control.
6 Editor's Note: For additional regulations concerning plumbing, see §§ 37-4D,
37-4J and 37-8A of this chapter; and Ch. 60, Plumbing Code.
3704
§ 37-2 HOUSE TRAILERS, TRAILER CAMPS, ETC. § 37-3
quarters for not more than thirty (30) persons, includ-
ing children, fifty dollars ($50.).
(3) Trailer camps having a capacity of not more than fif-
teen (15) house trailers, or tourist camps with living
quarters for not more than forty-five (45) persons,
including children, seventy-five dollars ($75.).
• (4) Trailer camps having a capacity of not more than
twenty (20) house trailers, or tourist camps with liv-
ing quarters for not more than sixty (60) persons,
including children, one hundred dollars ($100.).
(5) Trailer camps having a capacity of more than twenty
(20) house trailers, or tourist camps with living quar-
ters for more than sixty (60) persons, including chil-
dren, two hundred fifty dollars ($250.).
§ 37-3. House trailers: permits, applications, fees.
A. The application for a permit shall state the name of the
applicant, his residence address, the name and make of
such house trailer, the registration number of such
house trailer, the state in which registered, the year
of issue of registration, and if such house trailer be pro-
pelled by another power-driven vehicle to which it may
be attached, the application for such permit shall also
state the make, registration number, state and year of
registration and the name of the owner of such vehicle,7
the street and number where such house trailer is to be
located, a statement of the estimated duration of stay
in such proposed location and whether or not such pro-
• posed location is a duly licensed trailer camp, and if
not, the consent in writing of the owner of the premises to
such use of the land must be presented with the applica-
tion.
7 Editor's Note: For additional regulations concerning vehicles, see § 37-4K of
this chapter; and Ch. 81, Vehicle and Traffic.
3705
§ 37-3 MAMARONECK CODE § 37-4
B. The Building Inspector of the Town of Mamaroneck, upon
proper written application and upon receipt of the permit
fee therefor, may issue a permit to continue in force for
the term specified therein, but in no event longer than
two (2) weeks from the date of issuance thereof, to any
owner or operator of a house trailer parked8 or otherwise
located upon premises in the Town of Mamaroneck for a
period longer than twelve (12') hours, except where such •
house trailer is parked in a duly licensed trailer camp,
in which case a permit must be obtained immediately
upon arrival and shall continue in force for a period not
longer than thirty (30) days.
C. Each such applicant shall pay at the time of issuance
of such permit a fee of fifty cents ($.50) for each such
house trailer.
§ 37-4. Regulations for trailer camps and tourist camps.
A. All land used as a trailer camp or tourist camp shall. be
well drained, of ample size, free from heavy or dense
growth of brush or weeds.9 The land shall be properly
graded to insure rapid drainage' during and following
rain and shall at all times be drained so as to be free from
stagnant pools of water.
B. Each such trailer camp or tourist camp shall provide not
less than eight hundred seventy-five (875) square feet
[twenty-five by thirty-five (25 x 35) feet] for each house •
trailer, camp cottage, tent house, cabin or any other
building or structure other than a building or structure
8 Editor's Note: For additional regulations concerning parking, see Ch. 81,
Vehicle and Traffic, Article III.
9 Editor's Note: For additional regulations concerning brush and weeds,see Ch.
46, Lot Maintenance.
3706
§ 37-4 HOUSE TRAILERS, TRAILER CAMPS, ETC. § 37-4
regulated under the Building CodeZ° and Zoning Ordi-
nance11 of the Town of Mamaroneck, provided that each
house trailer, camp cottage, tent house, cabin or other
building or structure designed for living quarters or
sleeping quarters, other than a building or structure reg-
ulated under the Building Code and Zoning Ordinance
of the Town of Mamaroneck, shall not be less than ten
• (10) feet from any other house trailer and/or camp cottage,
tent house, cabin or other building or structure other
than a building or structure regulated under the Build-
ing Code and Zoning Ordinance of the Town of Mamaro-
neck. The trailer camp shall be subdivided and marked
off into rectangular-shaped lots, grouped in blocks with
camp streets at least twenty (20) feet wide between each
block. No house trailer, camp cottage, tent house, cabin or
other building or structure other than a building or
structure regulated under the Building Code and Zon-
ing Ordinance of the Town of Mamaroneck shall be lo-
cated within thirty (30) feet of any highway or street
lineY2 nor within twenty (20) feet of any adjacent prop-
erty line. Such trailer camp and/or tourist camp shall
be surrounded by a suitable woven-wire, open-metal or
wooden fence13 not less than five (5) feet nor more than
six ('6) feet high, having only necessary openings for en-
trance and exit facilities. Barbed wire shall not be used
for such fences. All entrances and exits from any trailer
camp and/or tourist camp shall be well marked and so
arranged as not to constitute a traffic hazard. All drive-
ways within such camps shall be hard surfaced, well
marked in the daytime and lighted at night, and so lo-
ll, cated that each house trailer in the camp is readily acces-
sible to a driveway.
i°Editor's Note: See Ch. 14, Building Code.
11 Editor's Note: See Ch. 89, Zoning.
12 Editor's Note: For additional regulations concerning streets and sidewalks,
see a 37-8D of this chapter; and Ch. 73, Streets and Sidewalks.
13 Editor's Note: For additional regulations concerning fences, see Ch. 14,Build-
ing Code, Article XXI.
3707
§ 37-4 MAMARONECK CODE § 37-4
C. Sleeping quarters in tourist camps shall be properly ven-
tilated and shall have not less than fifty (50) square feet
of floor area and five hundred (50.0) cubic feet of space
for each person cared for.
D. Kitchens, dining rooms, mess halls and toilet facilities/4
located in trailer camps and tourist camps shall be prop-
erly ventilated, and adequate methods of excluding flies
shall be used.
E. Any camp cottage, tent house, cabin or other building or
structure designed for living quarters or sleeping quarters,
other than houses, buildings and structures regulated un-
der the Building15 and Zoning Ordinance26 of the Town of
Mamaroneck, shall be so constructed and arranged as
to provide broad and easy exit in case of fire or other
emergency, and each such camp cottage, tent house, cabin
or other building or structure designed for living quarters
or sleeping quarters shall be equipped with at least one (1)
fire extinguisher for every three thousand (3,000) square
feet of floor space or fraction thereof. In trailer camps,
there shall be at least one (1) fire extinguisher17 for
each three (3) trailers, which extinguisher shall be readily
accessible to such trailers and be at all times in usable
condition.
F. Adequate facilities, including a plentiful supply of hot
water18 for the washing of dishes and utensils, shall be
provided, and such dishes and utensils shall be effectively
washed and cleaned after each use.
14 Editor's Note: For additional regulations concerning plumbing, see§ 37-2B of •
this chapter.
15 Editor's Note: See Ch. 14, Building Code.
16 Editor's Note: See Ch. 89, Zoning.
17 Editor's Note: For additional regulations concerning fire prevention, see
Ch. 27, Fire Prevention Code.
18 Editor's Note: For additional regulations concerning hot water equipment,
see Ch. 60, Plumbing Code, § 60-182.
3708
§ 37-4 HOUSE TRAILERS, TRAILER CAMPS, ETC. § 37-4
G. Kitchen and dining room equipment shall be of such
material and so made or constructed as to facilitate
cleaning, and shall be kept clean at all times.
H. No common drinking cup shall be used. If drinking
fountains are provided, they shall be of sanitary design
• and construction.
I. Each such trailer camp and/or tourist camp shall be pro-
vided with approved sewer and water connections to ex-
isting public sanitary sewer/9 and water systems" of
the town or of any district therein. No trailer camp or
tourist camp shall be permitted in any area of the town
where public sanitary sewer, water service and fire hy-
drant are not available.
J. Every trailer camp and/or tourist camp shall be provided
with toilets, urinals, washbasins, slop sinks, showers,
water faucets,2' etc., in accordance with the following:
(1) One (1) toilet for each sex for every thirty (30) per-
sons or fraction thereof.
(2) Each' toilet room for men to have, in addition, one
(1) urinal stall.
(3) Each toilet room to have at least one (1) sink or lava-
tory for every three (3) toilets or fraction thereof.
(4) One (1) shower for each sex for each thirty (30) per-
sons or fraction thereof. Bathtubs are prohibited.
(5) Laundry tubs and slop sinks or basins with water
• supply to be provided to serve each thirty (30) persons
or fraction thereof.
19 Editor's Note: For additional regulations concerning sewers, see § 37-2B of
this chapter.
20 Editor's Note: For additional regulations concerning water, see § 37-2B of
this chapter.
.1 Editor's Note: For additional regulations concerning plumbing,see§ 37-2B of
this chapter.
3709
§ 37-4 MAMARONECK CODE § 37-4
(6) Toilet buildings to be well lighted at all times, day
and night, well ventilated with screened openings and
constructed of such moistureproof material as shall
permit rapid and satisfactory cleaning, scouring and
washing.
(7) The floors to be of concrete or similar materials,
elevated not less than four (4) inches above grade, •
and shall slope to a floor drain located in each room.
(8) The use of toilets located in the house trailer is pro-
hibited, except where approved by plumbing inspec-
tion.
(9) All plumbing installations, except as herein provided,
shall be made in accordance with the Plumbing Code
of the Town of Mamaroneck. Kitchen sink waste
water from any house trailer may be discharged to
suitable leaching pits of such size and construction
as may be approved by the Plumbing Inspector" of
the Town of Mamaroneck and the Health Depart-
ment of the County of Westchester.
(10) Only town water supply or other supply approved by
the Health Department of the County of Westchester
shall be used at any trailer camp or tourist camp. If a
private supply is used, arrangements must be made
for a weekly bacteriological analysis by a laboratory
approved by the Health Department of the County of
Westchester, at the expense of the licensee, and report
thereof filed with said Health Department within
twenty-four (24) hours of completion of analysis.
(11) Where toilet and bathing facilities are provided for •
both sexes in the same building, a tight, soundproof
wall shall be constructed between the male and fe-
male sections.
22 Editor's Note: For additional information concerning the Plumbing Inspector,
see Ch. 60, Plumbing Code, § 60-27.
3710
§ 37-4 HOUSE TRAILERS, TRAILER CAMPS, ETC. § 37-4
(12) A covered metal flytight garbage pail and a covered
metal rubbish container25 of adequate size shall be pro-
vided for each six (6) persons or part thereof.
(13) Each toilet building shall be distinctly marked "MEN"
or "WOMEN," in accordance with the sex for which
• it is provided.
K. Every trailer camp and/or tourist camp shall be under the
management of the licensee, who must be of good reputa-
tion and character and who shall manage such camp from
an office located on the premises. There shall be main-
tained in such office a bound book containing. a record
of the names of any persons accommodated at the camp,
their home addresses, the time of their arrival and de-
parture and the license number and make of their auto-
mobile or other vehicle.24 Such record shall at all reason-
able times be available for inspection by any police offi-
cer. It shall be the duty of the licensee of any trailer
camp or tourist camp:
(1) To provide for the collection of garbage and other
waste material.25
(2) To prohibit the placing or storing of unsightly ma-
terial or vehicles of any kind.
(3) To provide for the cleaning, painting, repairing and
disinfecting of all buildings.
(4) To take such other measures as shall be deemed nec-
essary by the Health Department of the County of
Westchester and the Chief of Police of the Town of
28 Editor's Note: For additional regulations concerning garbage, see § 37-4H(1)
of this chapter; and Ch. 30, Garbage and Rubbish.
24 Editor's Note: For additional regulations concerning vehicles, see §37-3A of
this chapter.
25 Editor's Note: For additional regulations concerning garbage, see§ 37-4J(12)
of this chapter.
3711
§ 37-4 MAMARONECK CODE § 37-6
Mamaroneck, to preserve the health, comfort and
safety of all persons accommodated in the camp, and
of the general public.
(5) To prevent any animal26 to run at large within or out-
side the camp.
(6) To. report to the Health Department of the County of •
Westchester all cases of communicable diseases or sus-
pected cases of communicable diseases affecting any
inmate of the camp.
(7) To prevent the committing of any nuisance on the
camp premises and to report immediately to the proper
authorities all acts of adisorderly character27 com-
mitted by any persons inside of the camp, and to that
end to maintain proper policing thereof.
§ 37-5. Time limit on period of stay.
No. house trailer shall be permitted to remain in any trailer
camp for a longer period than thirty (30) days in each twelve
(12) months' period, and no person shall be permitted to remain
in any tourist camp for a longer period than thirty (30) days in
each twelve(12) months' period.
§ 37-6. Compliance with other laws.
The obtaining of a license hereunder for the use of premises
as a. trailer and/or tourist camp shall not be construed to elim- •
inate the necessity of complying with all other applicable laws
or ordinances and health regulations of the State of New York,
County of Westchester and Town of Mamaroneck.
26 Editor's Note: For additional regulations concerning animals, see Ch. 6, Ani-
mals.
27 Editor's Note: For additional regulations concerning disorderly conduct, see
Ch. 57, Peace and Good Order.
3712
§ 37-7 HOUSE TRAILERS, TRAILER CAMPS, ETC. § 37-8
§ 37-7. Conversion to dwelling.
The removal of the wheels or any similar transporting device
from a house trailer, or the permanent attachment of a house
trailer, camp cottage, tent house, cabin or other structure not
originally regulated by the Building and Zoning Ordinances of
the Town of Mamaroneck, to the ground, in a manner that
• would prevent the ready removal thereof, shall be construed
as removing it from the requirements of this ordinance and con-
verting it into a dwelling subject to the requirements of the
Building Code28 and Zoning Ordinance29 of the Town of Mamaro-
neck.
§ 37-8. Regulations for house trailers.
A. No house trailer shall be located upon any land or prem-
ises within the Town of Mamaroneck, other than trailer
camps, unless such land or premises has erected thereon,
conveniently accessible to such house trailer, adequate
sanitary facilities" and an approved water supply system.32
B. One (1) such house trailer shall be permitted to park or
otherwise locate, except in a duly licensed trailer camp,
on a lot or parcel of land containing not less than two
thousand five hundred (2,500) square feet.
C. No such house trailer shall be permitted to remain upon
any premises other than a duly licensed trailer camp, for
a longer period than two (2) weeks in every twelve (12)
• months' period.
28 Editor's Note: See Ch. 14, Building Code.
29 Editor's Note: See Ch. 89, Zoning.
30 Editor's Note: For additional regulations concerning plumbing, see§37-2B of
this chapter.
31 Editor's Note: For additional regulations concerning water, see § 37-2B of
this chapter.
3713
§ 37-8 MAMARONECK CODE § 37-10
D. Such house trailer shall not be parked or otherwise located
nearer than six (6) feet to the side line of any lot or par-
cel of land nor within thirty (30) feet of the street lines2
of such premises.
§ 37-9. Enforcement; right of entry. •
The Building Inspector of the Town of Mamaroneck shall
enforce all the provisions of this chapter, with the assistance
of the police officers of the town. Such Building Inspector33 and
police officers shall have the right to enter any trailer camp
or tourist camp or any premises used for the parking or location
of a house trailer or house trailers, at all times.
§ 37-10, Revocation of license.
If the Building Inspector, upon inspection, finds that such
trailer camp or tourist camp is not being maintained in a clean
and sanitary condition or that such trailer camp or tourist camp
is not being conducted in accordance with the regulations ap-
plicable to such trailer camp or tourist camp and the provisions
of this ordinance, he shall serve upon the holder of a license
or the person in charge of such trailer camp or tourist camp
an order in writing, directing that the conditions therein specified
he remedied within five (5) days after the service of such order.
If, after the expiration of such period, such conditions remain
unchanged or are not corrected in accordance with the order
of the Building Inspector, the Building Inspector34 shall serve
a notice in writing upon such trailer camp or tourist camp
owner, or the person in charge of such trailer camp or tourist
32 Editor's Note: For additional regulations concerning streets and sidewalks,
see §37-4B of this chapter.
33 Editor's Note: For additional information concerning Building Inspector, see
§§37-10 and 37-12 of this chapter; and Ch. 14, Building Code, § 14-2.
34 Editor's Note: For additional regulations concerning Building Inspector, see
§ 37-9 of this chapter.
3714
§ 37-10 HOUSE TRAILERS, T'RAILE'R CAMPS, ETC. § 37-12
camp, requiring the holder of such license to appear before
the Town Board of the Town of Mamaroneck at a time to be
specified in such notice, and show cause why such license should
not be revoked. The Town Board may, after a hearing at which
the testimony and witnesses of the Building Inspector and the
holder of the license shall be heard, revoke such license if the
conditions described in the original order have not been cor-
rected in accordance with the terms of such order, or if the
holder of such license has violated the regulations applicable
to such trailer camp or tourist camp, or has violated any of
the provisions of this ordinance, or for other sufficient cause.
Upon the revocation of such license, the premises shall forth-
with cease to be used for the purposes of a trailer camp or
tourist camp, and all house trailers, camp cottages, tent houses,
cabins or other buildings designed for living or sleeping quarters,
other than houses, buildings and/or structures regulated under
the Building Codie35 and Zoning Ordinance" of the Town of
Mamaroneck, shall be removed therefrom. The provisions of
Section 137 of the Town Law shall apply- to the revocation of
licenses issued for the running, operation or conducting the
business of trailer camps and tourist camps.
§ 37-11. Termination of permits.
All permits issued pursuant to § 37-3 of this ordinance for
the location of house trailers in trailer camps shall immediately
terminate upon revocation of the license for the operation of
such trailer camp, and no part of the permit fee shall be re-
turned to the holder thereof.
• § 37-12. Revocation of permits.
All permits issued under this ordinance to the owner or
operator of a house trailer may be revoked by the Building
85 Editor's Note: See Ch. 14, Building Code.
86 Editor's Note: See Ch. 89, Zoning.
3715
§ 37-12 MAMARONECK CODE § 37-14
Inspector37 for any violation of any of the provisions of this
ordinance by the owner, operator and/or occupant of such house
trailer. Notice of such revocation shall be given to the owner
and/or operator of such house trailer, and to the owner, pro-
prietor and/or operator of the trailer camp (if any) in which
such house trailer is located, and if such house trailer be not
located in a trailer camp, notice shall be given by the Building
Inspector to the owner of the premises where such house trailer •
is located.
§ 37-13. Responsibility of parties concerned.
The owner, lessee, licensee, occupant of, or person accom-
modated in, any trailer camp or tourist camp, or the owner,
lessee or occupant of any premises upon which a house trailer
is located, who commits any act in violation of any of the pro-
visions of this ordinance, shall each be liable for any such
violation and for the penalty therefor. Each day such violation
shall continue or be permitted to exist shall constitute a sep-
arate violation.
§ 37-14. Violations and penalties.
Any person, firm or corporation who violates any provision
of this ordinance shall be guilty of a misdemeanor and subject
to a fine of not less than five dollars ($5.) nor more than fifty
dollars ($50.) or to imprisonment for a period of not less than
one (1) day nor more than six (6) months, or both such fine
and imprisonment; and in addition, any and all persons who
violate any of the provisions of this ordinance or who shall •
omit, neglect or refuse to do any act required by this ordinance
shall, severally, for each and every such violation and noncom-
pliance respectively, forfeit and pay a penalty of fifty dollars
37 Editor's Note: For additional information concerning Building Inspector, see
§ 37-9 of this chapter.
3716
§ 37-14 HOUSE TRAILERS, TRAILER CAMPS, ETC. § 37-1$,
($50.), recoverable in a civil action brought by or on behalf of
the Town of Mamaroneck. The imposition of all penalties
for any violation of this ordinance shall not excuse the violation
or permit it to continue. The application of the above penalty
or penalties or the prosecution of the violation of the provisions
of this ordinance shall not be held to prevent the enforced re-
moval of conditions prohibited by this ordinance.
§ 37-15. Exclusion: storage of trailer.
None of the provisions of this chapter shall be applicable to
the storing or garaging of a house trailer when not used as
living or sleeping quarters.
§ 37-16. Additional violations and penalties. [Amended 10-20-54]
Any person violating any of the provisions of this ordinance,
as the same may be from time to time amended, for which no
other penalty is provided, shall be guilty of a misdemeanor
punishable by imprisonment for not more than one (1) year or
by a fine of not more than five hundred dollars ($500.), or both.
§ 37-17. Applicability.
This ordinance shall apply only to that part of the Town
of Mamaroneck outside of incorporated villages, and whenever
and wherever the words "Town of Mamaroneck" are used, such
words shall mean the Town of Mamaroneck outside of incor-
porated villages.
§ 37-18. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
3717
§ 37-19 MAMARONECK CODE § 37-22
§ 37-19. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated
villages."
§ 37-20. When effective. •
This ordinance shall become effective immediately upon pub-
lication and posting thereof as provided in Section 133 of
Chapter 634 of the Laws of 1932, constituting Chapter 62 of the
Consolidated Laws and known as the Town Law.
§ 37-21. Severability.
The declaration of any portion of this, ordinance by a court of
competent jurisdiction to be invalid shall not invalidate the por-
tion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder
of said ordinance shall remain in full force and effect.
§ 37-22. Definitions.
STREET — Is every way set apart for public travel, ex-
cept alleyways, bridle paths and footpaths.
SIDEWALKS — Is that portion of the street between the
physically established curblines and the designated prop-
erty lines.
VEHICLE — Is every device by which any person or
property is or may be transported or drawn upon the
street.
3718
111
§ 37-22 HOUSE TRAILERS, TRAILER CAMPS, ETC. § 37-22
PARK,PARKING, or PARKED—Shall mean the stopping
of a motor vehicle or motorcycle upon any public highway
and leaving such motor vehicle or motorcycle unattended
by a person capable of operating it, for a period longer
than necessary to load or unload passengers or freight.
HOUSE TRAILER — Shall be construed to mean any
• vehicle used or capable of being used as sleeping or living
quarters, mounted on wheels and propelled either by
its own power or a power-driven vehicle to which it may
be attached, and includes an automobile trailer equipped
with living quarters or sleeping facilities and a house
car. [Added 9-5-39]
TRAILER CAMP — As used in this ordinance, shall be
defined as any lot, piece or parcel of ground whereon
three (3) or more house trailers, house cars or automobile
trailers equipped with sleeping or living quarters are
• located or parked otherwise than for the purpose of load-
ing and unloading or discharge or the entrance of oc-
cupants or passengers. [Added 9-5-39]
TOURIST CAMP — As used in this ordinance, shall be
defined as any lot, piece or parcel of ground whereon
are located or placed one (1) or more camp cottages, tent
houses, cabins or other buildings designed for living
quarters or sleeping quarters for ten (10) or more persons,
including children, other than houses, buildings and/or
structures regulated under the Building Code and Zoning
Ordinance of the Town of Mamaroneck. [Added 9-5-39]
• PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and
incorporated and joint-stock associations.[Added 5-3-39]
3719
• § 38-1 HOUSING STANDARDS § 38-1
Chapter 38
HOUSING STANDARDS
Local Law
No. 1
1970
A LOCAL LAW PROHIBITING DISCRIMINATION
IN THE SALE, RENTAL, LEASE OR FINANCING OF
HOUSING ACCOMMODATIONS IN THE TOWN OF
MAMARONECK BECAUSE OF RACE, CREED, COLOR
OR NATIONAL ORIGIN AND PROVIDING FOR ITS
ENFORCEMENT
§ 38-1. Legislative intent.
§ 38-2. Definitions.
§ 38-3. Certain acts prohibited.
§ 38-4. Enforcement.
§ 38-5. Penalties for offenses.
§ 38-6. Severability.
§ 38-7. When effective.
'HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 4-1-70 as Local Law No. 1, 1970. Amendments noted
where applicable.]
GENERAL REFERENCES
Building Code — See Ch. 14.
House trailers; trailer and tourist camps—See Ch.37.
• ;Motels — See Ch. 48.
Be it ordained by the Town Board of the Town of
Mamaroneck, as follows:
§ 38-1. Legislative intent.
The Town Board hereby finds and declares that acts of
prejudice, intolerance, bigotry and discrimination which deny a
3801 4-25-72
§ 38-1 MAMARONECK CODE § 38-2
person the opportunity to sell, purchase, lease, rent or obtain
financing for the purchase or lease of housing accommodations
because of race, creed, color or national origin threaten the fun-
damental rights and privileges of residents and/or those seeking
residency in the Town of Mamaroneck and undermine the
foundations of a free, democratic state. The Town Board further
declares it to be public policy of the Town of Mamaroneck to
eliminate and prevent discrimination and segregation based on •
race, creed, color or national origin, and to safeguard the right of
every person to sell, purchase, lease or rent or obtain financing for
the purchase or lease of land and housing accommodations
without regard to race, creed, color or national origin. In ac-
cordance with this policy, it shall be the duty of all town officers,
officials and employees to exercise any governmental function
relating to the use, sale or occupancy of land, real property or
housing accommodations in such manner, consistent with law,
that all discrimination be prevented.
§ 38-2. Definitions.
For the purpose of this local law, the terms used herein are
described as follows:
PERSON — One (1) or more individuals, partnerships,
associations, corporations, legal representatives and
successors, trustees, trustees in bankruptcy or receivers.
The plural shall include the singular, and vice versa.
NATIONAL ORIGIN — Includes ancestry.
HOUSING ACCOMMODATION — Any place in which
human-habitation is permitted by town ordinances.
TOWN ATTORNEY — The Town Attorney or other
•
attorney-at-law acting on behalf of the Town of
Mamaroneck.
TOWN OF MAMARONECK — All land in the
geographical boundaries of the town and any lands held in
a proprietary capacity by the town outside said
geographical limits, but no land in incorporated villages.
3802 4-25-72
•
§ 38-2 HOUSING STANDARDS § 38-3
RESPONDENT — Any person charged with a violation of
the provisions of this local law.
EFFECT THE ELIMINATION OF THE
DISCRIMINATORY PRACTICE — The respondent shall
make the specific housing accommodation available to the
complainant.
•
§ 38-3. Certain acts prohibited.
A. No person or agent acting on behalf of any person shall:
(1) Refuse to sell, rent or lease any housing ac-
commodation or land in the Town of Mamaroneck to
any person or persons, or refuse to accept an ap-
plication from or negotiate for the sale, rental or lease
of any housing accommodation or land to any person
or persons, or represent that any housing ac-
commodation or land is not available for inspection,
sale, rental or lease when in fact it is so available, or
otherwise deny or withhold any housing ac-
commodation or any facilities of any housing ac-
commodation or land from any person or persons
because of race, creed, color or national origin of such
person or persons. The provisions of this § 38-3A(1)
shall not apply to the rental of a housing ac-
commodation in a building which contains housing
accommodations for not more than two (2) families
who live independent of each other if the owner or
members of his family reside in one(1) of such housing
accommodations,or to the rental of a room or rooms in
a housing accommodation designed for one-family
® occupancy if such rental is by the occupant of the
housing accommodation, or by the owner of the
housing accommodation and he or members of his
family reside in such housing accommodation.
(2) Discriminate against any person because of his race,
creed, color or national origin in the terms, conditions
or privileges of the sale, rental or lease of any housing
3803 4-25-72
•
§ 38-3 MAMARONECK CODE § 38-3
accommodation or in the furnishing of facilities or
services in connection therewith.
(3) Print or circulate, or cause to be printed or circulated,
any statement, advertisement or publication or use
any form of application for the purchase, rental or
lease of any housing accommodation or land, or make
any record of inquiry in connection with the
prospective purchase, rental or lease of any housing •
accommodation or land, which expresses, directly or
indirectly, any limitation, specification or
discrimination as to race, creed, color or national
origin, or any intent to make any such limitation,
specification or discrimination.
B. No person, bank, trust company, private banker, savings
bank, industrial bank, savings and loan association, credit
union,investment company, mortgage company, insurance
company, or other financial institution or lender doing
business in the Town of Mamaroneck (and, if incorporated,
regardless of whether incorporated under the laws of the
State of New York, the United States or any other
jurisdiction), or any officer, agent or employee thereof, to
whom application is made for financial assistance for the
purchase, acquisition, construction, rehabilitation, repair
or maintenance of any housing accommodation or land in
the Town of Mamaroneck, shall:
(1) Discriminate against any such applicant or applicants
because of the race, creed, color or national origin of
such applicant or applicants or of any member,
stockholder, director, officer or employee of such
applicant or applicants, or of the prospective oc-
cupants or tenants of such housing accommodation or
land, in the granting, withholding, extending or
renewing, or in the fixing of the rates, terms or con-
ditions, or any such financial assistance.
(2) Use any form or application for such financial
assistance or make any record of inquiry in connection
with applications for such financial assistance which
expresses, directly or indirectly, any limitation,
3804 4-25-72
r § 38-3 HOUSING STANDARDS § 38-4
specification or discrimination because of race, creed,
color or national origin.
C. No person shall aid, abet,incite, compel or coerce the doing
of any of the acts forbidden under this local law, or attempt
to do so.
D. No person engaged in any activity to which this local law
applies shall retaliate or discriminate against any person
because such person has opposed any practices forbidden
under this local law or because such person has filed a
complaint, testified or assisted in any proceeding under
this local law.
§ 38-4. Enforcement.
A. The Town Attorney of the Town of Mamaroneck is
authorized to receive at all times verified complaints
setting forth in writing the following: The name and ad-
dress of the property owner; the address of the property
• involved; the name and address of the individual, agent or
lending institution which allegedly engaged in one (1) of
the acts prohibited by § 38-3 of this local law and a
detailed statement describing the alleged prohibited act.
R. Upon receipt of such complaint, the Town Attorney shall
forthwith serve copies thereof upon the following:
(1) Respondent.
(2) The Town of Mamaroneck Commission on Human
Rights.
(3) The New York State Division of Human Rights.
• (4) The United States Civil Rights Division of the Justice
Department.
C. Immediately after receipt of the complaint, but no later
than three(3)business days thereafter, the Town Attorney
shall conduct an investigation to determine whether the
complaint has merit, and if he finds such to be the case,
shall attempt to obtain from the respondent a written
3805 4-25-72
•
§ 38-4 MAMARONECK CODE § 38-5
agreement to withhold the housing accommodation in
question from sale or rental for a reasonable period pending
disposition of the complaint, and by conference and
conciliation to effect the elimination of the discriminatory
practice. The Town of Mamaroneck Commission on
Human Rights may participate in such investigation in
such manner as it may deem to be proper.
D. The Town Attorney is hereby authorized to apply to a
court of competent jurisdiction for a restraining order,
temporary injunction, or both, to compel compliance with
or prevent a breach of this local law.
E. If the respondent agrees to the elimination of the
discriminatory practice, such agreement shall be reduced
to writing, shall be subscribed by the respondent, and shall
contain a provision that the respondent will refrain from
the commission of discriminatory practices in the future,
and may contain such further provisions as are agreed
upon between the respondent and the Town Attorney. Any
such agreement shall be subject to ratification by the
Commission on Human Rights. The Town Attorney shall
not otherwise disclose what has transpired in the course of
such endeavors, except as provided in Subsection F im-
mediately following.
F. In the event that conference and conciliation fail to produce
an agreement for the elimination of the discriminatory
practice, the Town Attorney shall promptly seek the
imposition of a fine, as hereinafter provided, for any
violation of this local law, and may, at the request of the
complainant, refer the entire record of the proceedings
conducted by his office to the New York State Division on
Human Rights for appropriate action.
§ 38-5. Penalties for offenses.
A. Any person who shall engage in any of the acts, prohibited
by§ 38-3 of this local law, as hereinabove defined, shall be
subject to a fine for the first offense of not less than five
hundred dollars($500.)nor more than one thousand dollars
3806 4-25-72
•
•
§ 38-5 HOUSING STANDARDS § 38-7
($1,000.)or imprisonment for a period not to exceed five (5)
days, or both, and for each and every subsequent offense
shall be subject to a fine of not less than one thousand
dollars ($1,000.) nor more than two thousand five
hundred dollars ($2,500.) or imprisonment for a period not
to exceed fifteen (15) days, or both.
4111 B. Any person who shall execute a verified complaint falsely
chat ging another with any of the prohibited acts, as
hereinabove defined,knowing such charge to be false, shall
be subject to a fine of not more than five hundred dollars
($500.).
§ 38-6. Severability.
The invalidity of any article, section, paragraph, sentence,
clause, word or provision of this local law shall not invalidate any
other article, section paragraph, sentence, clause, word or
provision thereof.
•
§ 38-7. When effective.
This local law shall take effect immediately.
•
3807 4-25-72
•
Chapter 39
•
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
•
3901-3999
•
Chapter 40
•
(RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
4001-4099
•
LICENSED OCCUPATIONS
Chapter 41
LICENSED OCCUPATIONS'
• § 41-1. Licenses required.
§ 41-2. License fees.
§ 41-3. Term.
§ 41-4. Expiration; lost badges and licenses.
§ 41-5. Taxicabs and private liveries: regulations, licenses and
fees.
§ 41-6. Taxicab driver's license.
§ 41-7. Denial of license.
§ 41-8. Reapplication.
§ 41-9. Revocation.
§ 41-10. Violations and penalties.
§ 41-11. Applicability.
§ 41-12. Inconsistent ordinances repealed.
§ 41-13. General title.
§ 41-14. When effective.
§ 41-15. Severability.
§ 41-16. Definitions.
• [HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-17-37 as Chapters I, III, X and XI of the
General Ordinances. Amendments noted where
applicable.]
Editor's Note: For additional regulations concerning licensed occupations, see
Ch. 62, Public Transportation, § 62-1.
4101
•
41-1 MAMARONECK CODE § 41-2
§ 41-1. Licenses required. [Amended 5-3-39]
The pursuit or exercise of any of the following trades or occu-
pations within the town without a license is hereby prohibited,
to wit:
A. Auctioneering.
B. Operating of circuses and operating or use of any pub- •
lic hall, except public dance hall as defined in Chapter
21 of these ordinances, opera houses, theaters, moving-
picture houses or other places of exhibition or perfor-
mances; operating or keeping of billiard or pool rooms,
bowling alleys,2 shooting galleries' and other similar
places of amusement for money or hire; or giving of
exhibitions, performances or entertainments except the
giving of local amateur amusements or amusements for a
benevolent, charitable, religious or educational purpose of
local benefit, in any place within the town; but no license
shall be granted for any of the places or for any of the
purposes mentioned in this subdivision that do not
comply with all the requirements of the laws of the State
of New York, Building Code,' Plumbing Code,' Zoning
Ordinance' and/or Fire Prevention Ordinance"of the Town
of Mamaroneck.
§ 41-2. License fees. [Amended 5-3-39]
The Town Clerk shall issue a license specifying the trade, oc-
cupation or use of the premises thereby authorized, which li-
cense shall become effective from the date thereof and shall •
2 Editor's Note: For subsequent legislation concerning bowling alleys, see Ch.
11, Bowling Alleys.
3 Editor's Note: For additional regulations concerning shooting galleries, see
Ch. 26, Firearms, $ 25-1.
4 Editor's Note: See Ch. 14, Building Code.
5 Editor's Note: See Ch. 60, Plumbing Code.
6 Editor's Note: See Ch. 89, Zoning.
7 Editor's Note: See Ch. 27, Fire Prevention Code.
4102
•
§ 41-2 LICENSED OCCUPATIONS § 41-5
continue in force for a time not later than the first day of
January next succeeding the issuance of such license, upon pay-
ment to him of the following license fees:
A. For auctioneering license as defined in § 41-1A, five dol-
lars ($5.) per day.
• B. For any of the businesses mentioned in § 41-1B, one hun-
dred dollars ($100.) per year.
§ 41-3. Term.
Except the fee for an auctioneering license, the fees provided
in § 41-2 of this chapter are for a license period of one (1) year;
if the application be for a period of six (6) months or less, the
fee shall be one-half (1/2) the yearly fee.
§ 41-4. Expiration; lost badges and licenses.
• [Amended 5-3-39]
Licenses except taxicab or private livery licenses,8 provided
for in the next section, shall expire on the 31st day of Decem-
ber after the date of the issuance thereof. If a license or badge
issued in accordance with the provisions of the General Ordi-
nances of the Town of Mamaroneck be lost, the holder thereof
may obtain a new license or badge therefor upon application to
the Town Clerk and the payment to him of a fee of one dollar
($1.).
§ 41-5. Taxicabs and private liveries: regulations, licenses and
fees.
A. No taxicab or private livery9 to which this ordinance is
applicable shall be operated upon the streets of the Town
8 Editor's Note: For additional regulations concerning taxicabs or private liv-
eries, see § 41-5A of this chapter,
9 Editor's Note: For additional regulations concerning taxicabs or private liv-
eries, see §§ 41-4 and 4'1-6A of this chapter; and Ch. 75, Taxis.
4103
§ 41-5 MAMARONECK CODE § 41-6
of Mamaroneck, except under a license obtained by the
owner as hereinafter provided. Such license, duly num-
bered and stating the name of the person to whom granted,
shall be issued by the Town Clerk as provided in Sec-
tion 137 of the Town Law and shall expire on the 31st
day of December after the date of the issuance thereof,
unless sooner revoked. Application for such license shall •
be filed with the Town Clerk on a form to be provided
by him, but no such license shall be issued until the same
has been approved by the Police Commission of the Town
of Mamaroneck or, if there be none, the Chief of Police
of the Town of Mamaroneck.
B. Such licenses may be transferred by the owner to a pur-
chaser of his taxicab or private livery; other licenses issued
or granted under this ordinance shall be nonassignable and
nontransferable, and no owner of a licensed taxicab or
private livery may delegate his license privilege to any
lessee or the deferred payment purchaser of his vehicle.
C. The fee payable to the Town Clerk for each taxicab li-
cense shall be ten dollars ($10.) and the fee payable to
the Town Clerk for each private livery license issued shall
be ten dollars ($10.).
§ 41-6. Taxicab driver's license. [Amended 1-7-53]
A. No person shall operate a taxicab10 for hire upon the
streets of the Town of Mamaroneck outside of incorpor-
ated villages, unless the driver has first obtained a taxi- •
cab driver's license.
B. Applications for such taxicab driver's license shall be filed
with the Town Clerk on forms provided by him, and such
i0 Editor's Note: For prior legislation concerning taxi licenses, see Ch. 75,Taxis,
§§ 75-1 through 75-3.
4104
§ 41-6 LICENSED OCCUPATIONS § 41-7
applications shall be verified under oath and contain the
following information:
(1) The names and addresses of four (4) residents of the
Town of Mamaroneck who have known the applicant
for a period of five (5) years and who will vouch for
the sobriety, honesty and general good character of
• the applicant.
(2) The experience of the applicant in the transportation
of passengers.
(3) A history of his employment.
(4) A statement as to whether or not applicant has ever
been convicted of any felony- or misdemeanor.
C. The Police Department shall conduct an investigation of
each applicant for a taxicab driver's license, and, a report
of such investigation and a copy of the traffic and police
record of the applicant, if any, shall be attached to the
application, for the consideration of the Town Clerk.
D. Upon approval of the application for a taxicab driver's
license, the Town Clerk shall issue a license to the
applicant, which shall bear the name, address, color,
age, signature and photograph of the applicant. Such
license shall be in effect for the remainder of the calendar
year, and a license for every calendar year thereafter
shall issue to the applicant unless the license for the
preceding year has been revoked.
E. Every driver licensed shall post his taxicab driver's
license in such a place as to be in full view of all pas-
• sengers while such driver is operating a taxicab.
§ 41-7. Denial of license.
The Town Clerk may refuse a license to any person who,
in his judgment, shall be incapable of properly conducting the
trade or business for which the license is desired. No license
4105
§ 41-7 MAMARONECK CODE § 41-9
shall be issued to any applicant who has been convicted of a
misdemeanor or felony which, in the judgment of the Clerk,
renders the applicant unsuitable to carry on the trade or occupa-
tion involved.
§ 41-8. Reapplication.
•
If the Town Clerk refuses a license to any such applicant,
such applicant may apply to the Town Board, as provided in
Section 137 of Chapter 634 of the Laws of 1932, constituting
Chapter 62 of the Consolidated Laws of the State of New York
and known as the Town Law.
§ 41-9. Revocation.
A. The Town Board may, after public hearing, as provided
in Section 137 o•f Chapter 634 of the Laws of 1932, con-
stituting Chapter 62 of the Consolidated Laws and known
as the Town Law, revoke any license issued pursuant to
these ordinances, to any person whom the Town Board
shall determine to be an undesirable person or incapable
of properly conducting the trade or business previously
licensed.
B. All licenses shall have endorsed thereon the statement
"This license is revocable."
C. Notice of such hearing and the reason or reasons for
the same in writing shall be served upon the person
named in the application or license by mailing the same •
to the address given in the application at least three (3)
days prior to such hearing.
D. When a license shall be revoked, no refund of unearned
portion of the license fee shall be made.
4106
§ 41-10 LICENSED OCCUPATIONS § 41-12
§ 41-10. Violations and penalties.
A. Any person violating any of the provisions of this ordi-
nance, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty
of a misdemeanor punishable by imprisonment for not
more than one (1) year or by a fine of not more than•
five hundred dollars ($500.), or both. [Amended 10-20-54]
B. [Amended 12-17-53] Additional penalties.
(1) Violations of §§ 41-1 and 41-5 of this ordinance shall
subject the offender, for each offense, to a civil
penalty not to exceed fifty dollars ($50.).
(2) The penalty for violation as above provided shall be
in addition to any fine provided for in § 41-10A.
(3) Every day or part thereof that such violation shall
continue shall be deemed to be a separate and distinct
violation of the said several provisions of this or-
dinance and shall render every person liable for a
separate penalty for each such violation.
§ 41-11. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever
and wherever the words "Town of Mamaroneck" are used, such
words shall mean the Town of Mamaroneck outside of incor-
porated villages.
•
§ 41-12. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
4107
§ 41-13 MAMARONECK CODE § 41-16
§ 41-13. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated
villages."
§ 41-14. When effective. •
This ordinance shall become effective immediately upon pub-
lication and posting thereof as provided in Section 133 of Chapter
634 of the Laws of 1932, constituting Chapter 62 of the Con-
solidated Laws and known as the Town Law.
§ 41-15. Severability.
Thedeclaration of any portion of this ordinance by a court
of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder
of said ordinance shall remain in full force and effect.
§ 41-16. Definitions.
STREET — Is every way set apart for public travel,
except alleyways, bridle paths and footpaths.
SIDEWALKS — Is that portion of the street between the
physically established curblinesi and the designated prop-
erty lines.
•
VEHICLE — Is every device by which any person or prop-
erty is or may be transported or drawn upon the street.
PARK, PARKING or PARKED — Shall mean the stop-
ping of a motor vehicle or motorcycle upon any public
4108
•
§ 41-16 LICENSED OCCUPATIONS § 4'1-16
highway and leaving such motor vehicle or motorcycle
unattended by a person capable of operating it, for a
period longer than necessary to load or unload passengers
or freight.
TAXICAB — Shall be construed to mean any motor-driven
• vehicle for the transportation for hire, which does not
operate over a fixed route, pursuant to permission granted
under the provisions of the Transportation Corporations
Law, and which solicits patronage from a central office
and/or on the public streets and which, when not carry-
ing a passenger for hire, stands upon the public streets
or elsewhere, either soliciting business or waiting for
business, and which is designed to carry no•t more than
seven (7) passengers. [Added 5-3-39]
PRIVATE LIVERY — Shall be construed to mean any
motor-driven vehicle for the transportation for hire of
• passengers, which does not operate over a fixed route,
pursuant to permission granted under the provisions of
the Transportation Corporations Law, and which solicits
patronage from a central office on the basis of a flat
rate, fixed or hourly charge and which is designed to
carry not more than seven (7) passengers. [Added 5-3-39]
PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and
incorporated and joint-stock associations. [Added 5-3-39]
•
4109
a
• Chapter 42
• ( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
•
4201-4299
•
•
Chapter 43
•
(RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
•
4301-4399
•
•
§ 44-1 LOCAL LAW HEARINGS § 44-1
Chapter 44
LOCAL LAW HEARINGS
Local Law
• No. 2
1966
A LOCAL LAW PROVIDING FOR PUBLIC NOTICES
RELATING TO ADOPTION OF LOCAL LAWS
§ 44-1. Timely notice of hearing.
§ 44-2. Posting of copies.
§ 44-3. Publication and posting upon adoption.
• § 44-4. Proof of publication and posting.
§ 44-5. Numbering.
§ 44-6. Change in Town Law.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 7-6-66 as Local Law No. 2, 1966.]
Be it enacted by the Town Board of the Town of
Mamaroneck, as follows:
• § 44-1. Timely notice of hearing.
No local law shall be adopted by the Town Board of the
Town of Mamaroneck until a public hearing has been held
thereon in its final form before such Town Board not less than
three (3) nor more than thirty (30) days after public notice
has been given of the time and place of the holding of such
4401
•
§ 44-1 MAMARONECK CODE § 44-5
public hearing. Such notice shall be given by the Town Clerk
by causing the same to be published once in the official news-
paper of the town. Such notice shall contain the title of the
proposed local law and a brief explanatory statement thereof.
§ 44-2. Posting of copies. •
The Town Clerk shall cause to be printed or otherwise re-
produced copies of such proposed local law and shall, not later
than the day such notice is published, post one (1) such copy,
together with the notice of hearing, on the signboard at his
office, and shall also make copies of such proposed local law
available at his office for inspection by and distribution to
any interested person during business hours.
§ 44-3. Publication and posting upon adoption.
The Town Clerk shall forthwith, upon the adoption of a local •
law by the Town Board, post a copy thereof on the signboard
at his office and shall, within ten (10) days after such adoption,
cause the local law, or an abstract thereof describing the same
in general terms, to be published in the official newspaper of
the town.
§ 44-4. Proof of publication and posting.
Proof of publication of notice of public hearing required by
§ 44-1 hereof and proof of the posting and publication required
by § 44-3 hereof shall be filed in the office of the Town Clerk.
•
§ 44-5. Numbering.
Each local law shall be numbered consecutively, beginning
with Number One (1) for each calendar year. When a local
law is finally adopted, and certified copies thereof are required
4402
§ 44-5 LOCAL LAW HEARINGS § 44-6
by Section 27 of the Municipal Home Rule Law to be filed in
the offices of the Town Clerk, the State Comptroller and the
Secretary of State, the Town Clerk shall accordingly assign to
such local law its appropriate number.
• § 44-6. Change in Town Law.
This local law amends Section 133 of the Town Law only
insofar as to allow this municipality to publish a notice merely
summarizing the subject of the law rather than quoting verba-
tim the text of the entire ordinance, which is on file in the
office of the Town Clerk.
•
4403
Chapter 45
• ( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
4501-4599
§ 46-1 LOT MAINTENANCE § 46-1
Chapter 46
LOT MAINTENANCE'
§ 46-1. Corrections; notice to comply.
® § 46-2. Lots at street intersections.
§ 46-3. Violations and penalties.
§ 46-4, Applicability.
§ 46-5. Inconsistent ordinances repealed.
§ 46-6. General title.
§ 46-7. When effective.
§ 46-8. Severability.
§ 46-9. Definitions.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-17-37 as Sections 3 and 5 of Chapter IV,
and Chapters I, X and XI, of the General Ordinances.
Amendments noted where applicable.]
§ 46-1. Corrections; notice to comply. [Amended 9-24-47]
A. Every owner, tenant or occupant of land shall cut, trim
or remove all brush, grass, rubbish, noxious weeds, litter
or other similar unsightly or objectionable material there-
from at his own expense.
• B. In addition to the enforcement of the fines and penalties
provided in § 46-3 of these ordinances, the Town Clerk
Z Editor's Note: For additional regulations concerning lot maintenance, see Ch.
27, Fire Prevention Code, § 27-39; Ch. 30, Garbage and Rubbish, § 30-10; Ch. 37,
House Trailers, Trailer Camps and Tourist Camps, § 37-4A; and Ch. 87, Water
Control, § 87-4A.
4601
§ 46-1 MAMARONECK CODE § 46-2
may serve written notice upon owners, tenants and/or
occupants of any such premises to trim, prime and if
necessary remove noxious weeds, rubbish, litter or other
similar unsightly or objectionable material from the
premises within twenty (20) days, and in default thereof,
the town may carry out the provisions of this section and
collect the expense thereof from the owner or assess the •
expense thereof upon the land, where the owner refuses
or neglects to comply with the notice so served.
C. Such notice may be served either personally or by mail,
addressed to any owner, tenant or occupant at the ad-
dress or place of business designated in any deed, con-
veyance or other instrument filed or recorded in any
public office or in any letter or writing addressed to the
Assessor or Receiver of Taxes of the Town of Mamaro-
neck.
§ 46-2. Lots at street intersections.
All owners, tenants and/or occupants of premises at any
corner formed by the intersection of highways2 shall, within
fifteen (15) days of the receipt from the Town Clerk of written
notice to do so, trim, prune and if necessary remove all hedges,
brush, shrubs and overhanging limbs of trees3 or any obstacle
upon such part of the premises as is specified in said notice,
to the end that persons driving vehicles4 upon either of such
intersecting highways shall have an unobstructed view across
such part of said premises to the other of said highways for a
distance of at least twenty (20) feet from such intersection,
measured along such highway on which such vehicle is traveling. •
2 Editor's Note: For additional regulations concerning streets and sidewalks, see
Ch. 73, Streets and Sidewalks.
3 Editor's Note: For additional regulations concerning trees, see Ch. 3, Adver-
tisements, § 3-1; Ch. 17, Conservation Areas, § 17-4; Ch. 30 Garbage and Rubbish,
§ 30-1A; Ch. 55, Parks, § 55-3; and Ch. 87, Water Control, § 87-4A.
4 Editor's Note: For additional regulations concerning vehicles, see Ch. 81, Ve-
hicle and Traffic.
4602
§ 46-3 LOT MAINTENANCE § 46-5
§ 46-3. Violations and penalties.
A. Any person violating any of the provisions of this ordi-
nance, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty.
of a misdemeanor punishable by imprisonment for not
more than one (1) year or by a fine of not more than
• five hundred dollars ($500.) or both. [Amended 10-20-54]
B. [Amended 12-17-53] Additional penalties.
(1) Violation of §§ 46-1 and 46-2 of this ordinance shall
subject the offender, for each offense, to a civil
penalty not to exceed twenty-five dollars ($25.).
(2) The penalty for violation as above provided shall be
in addition to any fine provided for in § 46-3A.
(3) Every day or part thereof that such violation shall
continue shall be deemed to be a separate and distinct
violation of the said several provisions of this ordi-
nance and shall render every person liable for a
separate penalty for each such violation.
§ 46-4. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever and
wherever the words "Town of Mamaroneck" are used, such words
shall mean the Town of Mamaroneck outside of incorporated
villages.
§ 46-5. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
4603
§ 46-6 MAMARONECK CODE § 46-9
§ 46-6. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated
villages."
§ 46-7. When effective. •
This ordinance shall become effective immediately upon pub-
lication and posting thereof as provided in Section 133 of
Chapter 634 of the Laws of 1932, constituting Chapter 62 of the
Consolidated Laws and known as the Town Law.
§ 46-8. Severability.
The declaration of any portion of this ordinance by a court of
competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder
of said ordinance shall remain in full force and effect.
§ 46-9. Definitions.
STREET—Is every way set apart for public travel, except
alleyways, bridle paths and footpaths.
SIDEWALKS — Is that portion of the street between the
physically established curblines and the designated prop-
erty lines.
VEHICLE — Is every device by which any person or
property is or may be transported or drawn upon the
street.
4604
§ 46-9 LOT MAINTENANCE § 46-9
PARK, PARKING or PARKED — Shall mean the stop-
ping of a motor vehicle or motorcycle upon any public
highway and leaving such motor vehicle or motorcycle
unattended by a person capable of operating it, for a
period longer than necessary to load' or unload passengers
or freight.
• PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and in-
corporated and joint-stock associations. [Added 5-3-39]
•
4605
Chapter 47
•
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
4701 - 4799
•
§ 48-1 MOTELS § 48-1
Chapter 48
1VMOTELS1
§ 48-1. Definition.
• § 48-2. Office required; posting ordinance.
§ 48-3. Management duties.
§ 48-4. Liability of responsible parties.
§ 48-5. Violations and penalties.
§ 48-6. Additional violations and penalties.
§ 48-7. Applicability.
§ 48-8. Inconsistent ordinances repealed.
§ 48-9. General title.
® § 48-10. When effective.
§ 48-11. Severability.
[HISTORY; Adopted by the Town Board of the Town of
Mamaroneck 6-8-60 as Chapter IX-B, and 2-17-37 as Chapters
I, X and XI, of the General Ordinances. Amendments
noted where applicable.]
§ 48-1. Definition.
MOTEL — Is a series of attached, semiattached or de-
• tached dwelling units with separate entrances, operated as
a single business, containing individual sleeping or living
units with bathrooms and closet space, with or without
I Editor's Note: Sections 48-1 through 48-5 were added as a new Chapter IX-B
of the General Ordinances on 6-8-60. Preamble of the 6-8-60 amendment reads as
follows: Resolved, that the General Ordinances of the Town of Mamaroneck be
amended by adding thereto a new chapter, to be known as Chapter IX-B, Motels,
which chapter shall consist of five (5) sections, which reads as follows.
4801
•
§ 48-1 MAMARONECK CODE § 48-3
kitchens, designed for or used by automobile tourists and
transients, and includes tourist courts, auto courts and
motor lodges, with convenient access to a parking space
for the use of the units' occupants, and direct and con-
venient access to a traveled road; and maintained and
held out to the public as accommodations for auto tourists
and transients by the day, week or month, whether a •
charge is made or not.
PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and
incorporated and joint-stock associations. [Added 5-3-39]
§ 48-2. Office required; posting ordinance.
In every motel, there shall be an office of the person in charge
of said motel. A copy of this ordinance shall be posted therein
and the motel register shall at all times be kept in said office.
§ 48-3. Management duties.
It is hereby made the duty of the attendant or persons in
charge of the motel to:
A. Keep at all times a register of all guests as provided in
Section 204 of the General Business Law of the State of
New York, which shall be open at all times to inspection
by state and federal officers and officers of the Town of
Mamaroneck, showing for all guests:
(1) Names and home address of each guest for whom •
accommodations are afforded.
(2) Dates of arrival and departure.
(3) License number as shown on automobile2 registration
2 Editor's Note: For additional regulations concerning motor vehicles, see Ch.
81, Vehicle and Traffic.
4802
§ 48-3 MOTELS § 48-4
produced by the guest, make and type of all auto-
mobiles.
(4) Name of state issuing such automobile licenses.
B. Maintain the motel in a clean, orderly and sanitary con-
dition at all times.
• C. See that the provisions of this ordinance are complied
with and enforced and report promptly to the proper
authorities any violations of this ordinance or any other
violation of law which may come to his attention.
D. Report to the Department of Health of the County of
Westchester all cases of persons or animals" infected or
suspected of being infected with any communicable dis-
ease.
E. Prevent the running loose of dogs, cats or other animals
or pets.
F. Maintain in convenient places, approved by the Fire De-
partment of the Town of Mamaroneck, hand fire extin-
guishers in good operating condition in the ratio of
one (1) to each motel unit.
G. Prohibit the lighting of open fires on the premises.
H. Prohibit the use of any motel unit by a greater number
of occupants than that which it is designed to accom-
modate.
• § 48-4. Liability of responsible parties.
The owner, lessee, licensee or occupant of any premises upon
which a motel is located who commits any act in violation of
any of the provisions of this ordinance shall each be liable for
3 Editor's Note: For additional regulations concerning animals, see Ch. 6, Ani-
mals.
4803
§ 48-4 MAMARONECK CODE § 48-7
any such violation and for the penalty therefor. Each day
such violation shall continue or be permitted to exist shall con-
stitute a separate violation.
§ 48-5. Violations and penalties.
Any person, firm or corporation who violates any provision •
of this ordinance shall be guilty of a misdemeanor and subject
to a fine of not less than five dollars ($5.) nor more than fifty
dollars ($50.) or to imprisonment for a period of not less than
one (1) day nor more than six (6) months, or both such fine
and imprisonment, and in addition, any and all persons who
violate any of the provisions of this ordinance or who shall
omit, neglect or refuse to do any act required by this ordinance
shall, severally, for each and every such violation and non-
compliance respectively, forfeit and pay a penalty of fifty dollars
($50.), recoverable in a civil action brought by or on behalf of
the Town of Mamaroneck. The imposition of all penalties for
any violation of this ordinance shall not excuse the violation or
permit it to continue. The application of the above penalty or
penalties or the prosecution of the violation of the provisions
of this ordinance shall not be held to prevent the enforced re-
moval of conditions prohibited by this ordinance.
§ 48-6. Additional violations and penalties. [Amended 10-20-54]
Any person violating any of the provisions of this ordinance,
as the same may be from time to time amended, for which no
other penalty is provided, shall be guilty of a misdemeanor
punishable by imprisonment for not more than one. (1) year or •
by a fine of not more than five hundred dollars ($500.), or both.
§ 48-7. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever and
4804
§ 48-7 MOTELS § 48-11
wherever the words "Town of Mamaroneck" are used, such words
shall mean the Town of Mamaroneck outside of incorporated
villages.
§ 48-8. Inconsistent ordinances repealed.
• All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
§ 48-9. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated vil-
lages."
§ 48-10. When effective.
This ordinance shall become effective immediately upon pub-
lication and posting thereof as provided in Section 133 of Chap-
ter 634 of the Laws of 1932, constituting Chapter 62 of the Con-
solidated Laws and known as the Town Law.
§ 48-11. Severability.
The declaration of any portion of this ordinance by a court
• of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder of
said ordinance shall remain in full force and effect.
4805
Chapter 49
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
4901-4999
Chapter 50
•
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
5001 -5099
§ 51-1 NOISE REGULATION § 51-1
Chapter 51
NOISE REGULATIONI
§ 51-1. Amplifying devices.
§ 51-2. Whistles and other noise instruments.
§ 51-3. Unnecessary noise.
§ 51-4. Violations and penalties.
§ 51-5. Applicability.
§ 51-6. Inconsistent ordinances repealed.
§ 51-7. General title.
§ 51-8. When effective.
§ 51-9. Severability.
§ 51-10. Definitions.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-17-37 as Sections 8, 9 and 11 of Chapter IV,
and Chapters I, X and XI, of the General Ordinances.
Amendments noted where applicable.]
§ 51-1. Amplifying devices. [Amended 4-21-54]
No person shall locate radios or similar devices or amplifiers
• thereof so as to or that may project sound into highways2 or
neighborhoods for advertising or business purposes; and no per-
son owning, occupying or having charge of any building or
I Editor's Note: For additional regulations concerning noise, see Ch. 6,Animals,
§ 6-3B; and Ch. 14, Building Code, § 14-132E.
2 Editor's Note: For additional regulations concerning streets,see Ch. 73, Streets
and Sidewalks.
5101
§ 51-1 MAMARO'NECK CODE § 51-2
premises or any part thereof in the Town of Mamaroneck shall
cause, suffer or allow any loud, excessive or unusual noise in
the operation or use of any radio, phonograph or other mechan-
ical or electrical or reproducing device, instrument or machine,
which loud, excessive and unusual noise shall disturb the com-
fort, peace and quiet of persons in the vicinity. The playing,
using, operating or permitting to be played, used or operated,
of any radio, receiving set, musical instrument, phonograph, 1111
loudspeaker, sound amplifier or other machine or device for
the producing or reproducing of sound, which is cast upon the
public streets from any sound truck or vehicle,3 for the purpose
of commercial advertising4 or attracting the attention of the
public, shall be unlawful and is hereby prohibited.
§ 51-2. Whistles and other noise instruments.
No steam whistle or other whistle or horn or other instrument
for making a noise which is operated by steam or any
other power shall be blown or operated within the limits of
the Town of Mamaroneck at any hour of the day or night,
excepting only the alanii of vehicles of the Fire and Police
Departments, all fire and burglar alarms, the alarm of auto-
mobiles, bicycles or motorcycles, while actually traveling
through the town, and excepting also church and school bells.
The alarm of automobiles, bicycles and motorcycles shall not be
operated continuously, but only with sufficient frequency to
warn persons of their approach. The use of sirens on motor
vehicles5 and bicycles within the town limits is hereby pro-
hibited. No motor vehicle shall be operated in the town unless
it is provided with a proper and suitable muffler, and such
muffler shall not be opened at any time while said motor vehicle
•
is in operation.
3 Editor's Note: For additional regulations concerning vehicles,see§ 51-2 of this
chapter; and Ch. 81, Vehicle and Traffic.
4 Editor's Note: For additional regulations concerning advertising, see Ch. 3,
Advertisements.
5 Editor's Note: For additional regulations concerning vehicles, see § 51-1 of
this chapter.
5102
§ 51-3 NOISE REGULATION § 51-5
§ 51-3. Unnecessary noise.
All noises that menace the health or disturb the peace and
quiet of the town are prohibited at any time of the day or
night.
• § 51-4. Violations and penalties.
A. Any person violating any of the provisions of this ordi-
nance, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty
of a misdemeanor punishable by imprisonment for not
more than one (1) year or by a fine of not more than
five hundred dollars ($500.), or both. [Amended 10-20-54]
B. [Amended 12-17-53] Additional penalties.
(1) Violation of §§ '51-1 and 51-2 of this ordinance shall
subject the offender, for each offense, to a civil
penalty not to exceed one hundred dollars ($100.).
(2) The penalty for violation as above provided shall be
in addition to any fine provided for in § 51-4A.
(3) Every day or part thereof that such violation shall
continue shall be deemed to be a separate and dis-
tinct violation of the said several provisions of this
ordinance and shall render every person liable for
a separate penalty for each such violation.
§ 51-5. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated) villages, and whenever and
wherever the words "Town of Mamaroneck" are used, such words
shall mean the Town of Mamaroneck outside of incorporated
villages.
5].03
§ 51-6 MAMARONECK CODE § 51-10
§ 51-6. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
§ 51-7. General title. •
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated vil-
lages."
§ 51-8. When effective.
This ordinance shall become effective immediately upon pub-
lication and posting thereof as provided in Section 133 of Chap-
ter 634 of the Laws of 1932, constituting Chapter 62 of the Con-
solidated Laws and known as the Town Law.
§ 51-9. Severability.
The declaration of any portion of this ordinance by a court
of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder of
said ordinance shall remain in full force and effect.
•
§ 51-10. Definitions.
STREET — Is every way set apart for public travel,
except alleyways, bridle paths and footpaths.
5104
§ 51-10 NOISE REGULATION § 51-10
SIDEWALKS — Is that portion of the street between
the physically established curblines and the designated
property lines.
VEHICLE — Is every device by which any person or
property is or may be transported or drawn upon the
• street.
PARK, PARKING or PARKED — Shall mean the stop-
ping of a motor vehicle or motorcycle upon any public
highway and leaving such motor vehicle or motorcycle
unattended by a person capable of operating it, for a
period longer than necessary to load or unload passs•engers
or freight.
PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and
incorporated and joint-stock associations. [Added 5-3-39]
•
5105
Chapter 52
•
(RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
5201-5299
OFFICERS AND EMPLOYEES
Chapter 53
OFFICERS AND EMPLOYEES
ARTICLE I
• Defense and Indemnification
Local Law
No. 1
1983
A LOCAL LAW ENTITLED "DEFENSE AND IN-
DEMNIFICATION OF OFFICERS AND EMPLOYEES"
§ 53-1. Conferral of benefits.
§ 53-2. Town to be liable for costs.
§ 53-3. Purchase of liability insurance.
ARTICLE II
Receiver of Taxes
Local Law
No. 8
1984
A LOCAL LAW ENTITLED"RECEIVER OF TAXES"
III § 53-4. Purpose.
§ 53-5. Duties and powers.
§ 53-6. Appointment.
§ 53-7. Compensation.
§ 53-8. Severability.
5301 11-25-85
§ 53-1 MAMARONECK CODE § 53-3
§ 53-9. When effective.
[HISTORY: Adopted by the Town Board of the Town of Ma-
maroneck: Article I, 10-19-83 as Local Law No. 1, 1983; Article
II, 11-21-84 as Local Law No. 8, 1984. Amendments noted
where applicable.]
ARTICLE I •
Defense and Indemnification
[Adopted 10-19-83 as L.L. No. 1, 1983]
Be it enacted by the Town Board of the Town of Mamaroneck,
as follows:
§ 53-1. Conferral of benefits.
Pursuant to the provisions of § 18 of the Public Officers Law,
as amended by Chapter 521 of the Laws of 1982, the Town of
Mamaroneck hereby confers upon its employees, as that term is
defined in said section, the benefits provided by said section,
subject to the conditions and limitations set forth therein.
§ 53-2. Town to be liable for costs.
The Town of Mamaroneck shall be liable for the costs incurred
pursuant to § 18 of the Public Officers Law and to § 53-1 of this
local law.
§ 53-3. Purchase of liability insurance.
Pursuant to Subdivision 8 of said § 18, the Town of
Mamaroneck shall purchase Public Officers Liability Insurance •
with appropriate limits and coverage against any liability
assumed under this section to the extent that such insurance is
available at reasonable cost.
5302 11-25-85
§ 53-4 OFFICERS AND EMPLOYEES § 53-9
ARTICLE II
Receiver of Taxes
[Adopted 11-21-84 as L.L. No. 8, 1984]
Be it enacted by the Town Board of the Town of Mamaroneck, as
follows:
§ 53-4. Purpose.
It has been determined by the Town Board of the Town of Mamaro-
neck that it is appropriate for the efficient and successful adminis-
tration of the property, affairs and government of the Town of Ma-
maroneck to have a Receiver of Taxes who is appointed by the Town
Board. Therefore, this local law is adopted pursuant to the authority
vested in the town under Municipal Home Rule Law, § 10.
§ 53-5. Duties and powers.
The Receiver of Taxes shall have such duties and authorities as are
prescribed under the Town Law of the State of New York and the
Westchester County Tax Law.
§ 53-6. Appointment.
The Receiver of Taxes shall be appointed by the Town Board and
shall serve at the pleasure of the Town Board.
§ 53-7. Compensation.
Receiver of Taxes shall receive such salary and other benefits as
shall be determined by the Town Board at the time of appointment
and from time to time thereafter.
• § 53-8. Severability.
Should any section of this local law be declared unconstitutional or
otherwise invalid by any court of competent jurisdiction, then such
declaration shall not affect the validity of any other section of this
local law.
§ 53-9. When effective.
This local law shall become effective immediately.
5303 ' 11-25-85
PARKING LOTS
Chapter 54
PARKING LOTS
§ 54-1. Definitions.
• § 54-2. Application of regulations.
§ 54-3. Designation and numbering of overnight parking lots.
§ 54-4. Hours of permitted use.
§ 54-5. Special permit parking areas.
§ 54-6. Permit requirements.
§ 54-7. License application; fees.
§ 54-7.1. Other fees.
§ 54-8. Issuance of permits.
§ 54-9. Attachment of decal.
§ 54-10. Renewal of permit; denial.
§ 54-11. Transfer of ownership.
§ 54-12. Parking.
§ 54-13. Enforcement.
§ 54-13.1. Fines.
§ 54-14. Penalties for offenses.
§ 54-15. Severability.
§ 54-16. When effective.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 12-20-67 as Chapter IX-F of the General Ordinances.
Amendments noted where applicable.]
GENERAL REFERENCES
Illumination of parking lots—See Ch.14,§ 14-138.
Other traffic and parking regulations—See Ch.81.
5401 io-25-83
§ 54-1 MAMARONECK CODE § 54-3
§ 54-1. Definitions.
A. Word usage. When not inconsistent with the context,
words used in the present tense include the future, words in
the plural number include the singular number, and words
in the singular number include the plural number. The
word "shall" is always mandatory and not merely direc-
tory.
B. Terms defined. For the purposes of this ordinance, the •
following terms, phrases, words and their derivations shall
have the meaning given herein:
PARKING LOT—Any town-administered outdoor space,
or uncovered plot, place, lot, parcel, yard or enclosure, or
any portion thereof, where automobiles may be parked or
kept overnight, for which a charge is made.
PERSON — A person, firm, partnership, association,
corporation, company or organization of any kind.
TOWN — The unincorporated section of the Town of
Mamaroneck.
USAGE— Shall mean that these lots can be used by both
residents and nonresidents of the town.
§ 54-2. Application of regulations.
The provisions of this ordinance shall apply to all persons using
any of the designated parking lots for overnight parking.
§ 54-3. Designation and numbering of overnight parking lots.
Parking lots are numbered and designated as follows:
A. Lot No. 1: parking lot situate at Myrtle Boulevard and •
Vine Street, Town of Mamaroneck.
B. Lot No. 2: parking lot situate at Maxwell Street, Town of
Mamaroneck.
C. Lot No. 3: parking lot situate at Myrtle Boulevard and
Chatsworth Avenue, Town of Mamaroneck.
5402 10-25.83
§ 54-4 PARKING LOTS § 54-7
§ 54-4. Hours of permitted use. [Amended 2-27-85 by L.L. No.
1, 1985]
The hours of permitted use of Lots No. 1, No. 2 and No. 3 shall be
established by the Town Board of the Town of Mamaroneck by reso-
lution from time to time.
1111) § 54-5. Special permit parking areas. [Added 12-20-72;1
amended 12-17-75; 1-3-79; 1-17-79; 5-5-82; 2-27-85 by
L.L. No. 1, 1985]
A. The Town Board shall from time to time by resolution desig-
nate certain areas within parking lots No. 1, No. 2 and No. 3
for overnight parking, daytime parking and/or twenty-four-
hour parking as the needs of the community require from
time to time upon the recommendation of the Traffic
Committee.
B. The Town Board shall from time to time set the fees and du-
ration for permits which may be permitted pursuant to Sub-
section A above.
§ 54-6. Permit requirements.
No person shall park an automobile in any overnight public
parking lot set aside for the exclusive use of automobiles unless
the owner or operator of said vehicle has obtained a permit
allowing such parking and has a decal attached to said
automobile, as provided herein.
§ 54-7. License application. [Amended 1-3-79; 2-27-85 by L.L.
• No. 1, 1985]
A. Application for an automobile permit and decal sticker shall
be made to the Town Clerk upon such form as is provided by
the town. The fee and duration of such permit and decal
'Editor's Note: This ordinance also provided for the renumbering of former§§54-5 through
54-15 to become§§ 54-6 through 54-16 respectively.
5403 n-25-85
§ 54-7 MAMARONECK CODE § 54-9
sticker shall be set by resolution of the Town Board from time
to time. Yearly permits are valid as follows:
(1) Daytime parking: from June 1 to May 31.
(2) Overnight parking: from June 1 to May 31.
(3) Twenty-four hour parking: from June 1 to May 31.
B. All other permits shall be issued pursuant to Town Board
•
resolution.
§ 54-7.1. Other fees. [Added 1-17-79; amended 5-5-82; 2-27-85
by L.L. No. 1, 19851
A. Daytime (resident) Lot No. 1 fee shall be set from time to
time by the Town Board.
B. The Town Board shall determine by resolution from time to
time the rates for permits for senior citizens.
§ 54-8. Issuance of permits.
A. The Town Clerk shall not issue a license for any automobile
when he knows or has reasonable grounds to believe that
the applicant is not the owner of or entitled to the
possession of such automobile.
B. The Town Clerk shall keep a record of the number of each
permit,the date issued, the name and address of the person
to whom issued, the registration number of the automobile
to which issued, and the number of designation of the
particular parking lot for which said permit is issued. A
record of all automobile permit fees collected by him shall
also be maintained by said Clerk.
41110
§ 54-9. Attachment of decal.
A. The Town Clerk, upon issuing a permit, shall also issue a
decal, such as may be affixed to an automobile window,
5404 i l-25-85
§ 54-9 PARKING LOTS § 54-13
bearing the permit number assigned,the name of the town,
the lot number for which it is issued and the expiration
date thereof.
B. The decal so issued shall be firmly attached to the right
rear window of the automobile for which issued in such
position as to be plainly visible.
411
§ 54-10. Renewal of permit; denial.
Upon the expiration of any automobile permit, the same may be
renewed upon application and payment of the required fee as
hereinbefore set forth. The Town Clerk may refuse to issue a
permit to any person whose prior usage of any permit has been
deemed to be an abuse by the Board of Police Commissioners of
the Town of Mamaroneck of the privileges granted by said permit.
§ 54-11. Transfer of ownership.
Upon the sale or other transfer of a decaled automobile, the
permittee shall remove the decal and may, upon proper ap-
plication, but without payment of additional fee, have a
replacement assigned for the unexpired term of the original decal.
Under no circumstances shall the fee for the unexpired term be
refunded.
§ 54-12. Parking.
All automobiles using any of the lots herein designated shall, at
all times, be parked with the front end nearest to the barrier.
§ 54-13. Enforcement.
Every police officer of the town shall enforce the provisions of
this ordinance. The Police Commission of the Town of
Mamaroneck is hereby authorized to delegate to persons other
than police officers the authority to enforce the provisions of this
ordinance.
5405 II-25-85
§ 54-13.1 MAMARONECK CODE § 54-16
§ 54-13.1. Fines. [Added 5-5-82]
Fines shall be established as follows:
A. Overtime at meter: five dollars ($5.).
B. Parking in permit area without permit: ten dollars ($10.).
§ 54-14. Penalties for offenses. [Amended 2-27-85 by L.L. No. 1, •
1985]
Any persons violating any provision of this ordinance other than
those set forth in § 54-13.1 shall be deemed guilty of an offense and
upon conviction thereof shall be fined in amount not to exceed ten
dollars ($10.). Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable
as a separate offense.
§ 54-15. Severability.
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
§ 54-16. When effective.
This ordinance shall be in full force and effect from and after its
passage and publication as required by law.
•
5406 11-25-85
PARKS
Chapter 55
PARKS
§ 55-1. Title.•
§ 55-2. Definitions.
§ 55-3. Disturbing property.
§ 55-4. Disturbing constructions.
§ 55-5. Overhead wires.
§ 55-6. Property damage.
§ 55-7. Lying on lawns.
§ 55-8. Plant life protection.
§ 55-9. Littering.
§ 55-10. Parades and processions.
§ 55-11. Public meetings.
§ 55-12. Permits for sales.
§ 55-13. Advertisements.
§ 55-14. Games.
§ 55-15. Sports.
§ 55-16. Wildlife.
§ 55-17. Animals at large.
§ 55-18. Animal damage to plantings.
• § 55-19. Disorderly conduct.
§ 55-20. Traffic regulations.
§ 55-21. Parking.
§ 55-22. Public hack stands.
§ 55-23. Restricted areas.
5501 8-25-79
§ 55-1 MAMARONECK CODE § 55-2
§ 55-24. Hours of use.
§ 55-25. Custodian of minors.
§ 55-26. Penalties for offenses.
§ 55-27. Repealer.
§ 55-28. Severability.
§ 55-29. When effective. •
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-3-37. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation areas—See Ch. 17.
§ 55-1. Title.
This ordinance shall be known and may be cited as the "Park
Ordinance."
§ 55-2. Definitions.
Unless otherwise expressly stated, whenever used in these rules
and regulations, the following terms shall be deemed to mean:
BOARD OF PARK COMMISSIONERS — The Board
having jurisdiction of any park or parks within the Town of
Mamaroneck.
PARKS — Any place, park, parkway, square, circle or
concourse in the Town of Mamaroneck, legally set apart
•
and accepted as such and under the jurisdiction of the
Board of Park Commissioners, including any lake, pond,
pool, river, brook or other body or stream of water, either
natural or artificial, located therein.
5502 8-25-79
•
§ 55-2 PARKS § 55-5
PERMIT — A written authorization for the exercise of
a specified park privilege issued by the Board of Park
Commissioners.
PERSONS — Shall mean any individual, firm or cor-
poration and all other entities of any kind capable of
being sued.
§ 55-3. Disturbing property.
No person shall disturb any park lands or take up or remove,
or in any manner disturb or interfere with, any pavement, flag-
stones, trees,3 shrubs, plants, fence,3 sod, soil or gravel or
any other property, except by direction of the Board of Park
Commissioners.
410
§ 55-4. Disturbing constructions.
No person shall open, expose or interfere with any electric
conduit, water pipe,4 hydrant, basin, pool or other construction,
except by permission of the Board of Park Commissioners.
§ 55-5. Overhead wires.
No person shall attach or string any electric or other wire or
• adjust or carry the same into or over any park except by per-
mission of the Board of Park Commissioners.
I Editor's Note: For additional regulations concerning trees, see §§ 55-6,
55-8 and 55-18 of this chapter; and Ch. 46, Lot Maintenance, § 46-2.
3 Editor's Note: For additional regulations concerning fences, see § 53-3 of
this chapter; and Ch. 14, Building Code, Article XXI.
4 Editor's Note: For additional regulations concerning water, see Ch. 84, Water;
and Ch. 87, Water Control.
5503
•
§ 55-6 MAMARONECK CODE § 55-9
§ 55-6. Property damage.
No person shall cut, break, destroy or in any way injure or
deface any tree,5 shrub, plant, grass, fence,5 post, railing, chain,
lamp, lamppost, sign,7 signpost, tree guard, building,8 bridge,
structure or any other property in or upon any park, nor shall
any fallen trees or branches be cut or removed except by
direction of the Board of Park Commissioners.
§ 55-7. Lying on lawns.
No person shall lounge or lie upon any lawn or grass plot in
any park.
§ 55-8. Plant life protection.
No person shall allow any gas, oil, salt or other substance
deleterious to tree or plant life to come into contact with the
soil surrounding the roots of any tree,9 shrub or plant in any
park, in such manner as shall kill or destroy or injure such
tree, shrub or plant.
§ 55-9. Littering.10 [Amended 10-18-44]
No person shall throw, place, deposit, drop, excrete, discharge
or leave, suffer or permit any person or animal in or under his
or her charge, custody or control to throw, place, deposit, drop,
5 Editor's Note: For additional regulations concerning trees, see §55-3 of this
chapter. •
6 Editor's Note: For additional regulations concerning fences, see § 55-3 of this
chapter.
7 Editor's Note: For additional regulations concerning signs, see Ch. 14, Build-
ing Code, Article XIX.
8 Editor's Note: For additional regulations concerning buildings, see § 55-11
of this chapter; and Ch. 14, Building Code.
9 Editor's Note: For additional regulations concerning trees, see § 55-3 of this
chapter.
70 Editor's Note: For additional regulations concerning littering and rubbish,
see Ch. 30, Garbage and Rubbish.
5504
• § 54-10 PARKING LOTS § 54-14
permit to any person whose prior usage of any permit has been
deemed to be an abuse by the Board of Police Commissioners of
the Town of Mamaroneck of the privileges granted by said permit.
§ 54-11. Transfer of ownership.
Upon the sale or other transfer of a decaled automobile, the
• permittee shall remove the decal and may, upon proper ap-
plication, but without payment of additional fee, have a
replacement assigned for the unexpired term of the original decal.
Under no circumstances shall the fee for the unexpired term be
refunded.
§ 54-12. Parking.
All automobiles using any of the lots herein designated shall, at
all times,be parked with the front end nearest to the barrier.
§ 54-13. Enforcement.
41110
Every police officer of the town shall enforce the provisions of
this ordinance. The Police Commission of the Town of
Mamaroneck is hereby authorized to delegate to persons other
than police officers the authority to enforce the provisions of this
ordinance.
§ 54-13.1. Fines. [Added 5-5-82]
Fines shall be established as follows:
A. Overtime at meter: five dollars ($5.).
• B. Parking in permit area without permit: ten dollars ($10.).
§ 54-14. Penalties for offenses.
Any person violating any of the provisions of this ordinance
shall be deemed guilty of an offense and, upon conviction thereof,
5405 io-25-83
•
§ 54-14 MAMARONECK CODE § 54-16
shall be fined in an amount not exceeding two dollars ($2.). Each
day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such
hereunder.
§ 54-15. Severability.
If any section, subsection, sentence, clause, phrase or portion of •
this ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
§ 54-16. When effective.
This ordinance shall be in full force and effect from and after its
passage and publication as required by law.
•
5406 10-25-s3
§ 55-15 PARKS § 55-17
or similar device thereon; or catch, take or in any manner disturb
any fish or other aquatic animalsY6 or plants therein. No person
shall skate, ski, sleigh, toboggan or indulge in any of the
so-called winter sports in or upon any park or any of the
waters therein or on any of the lawns, paths, walks, roads,
drives or parkways thereof, except within such areas as the
Board of Park Commissioners may, in their discretion, from
• time to time designate and set apart for such purpose, and then
only at such times, in such manner and subject to such regula-
tions as said Board may direct anddetermine.
§ 55-16. Wildlife.
No. person shall hunt, chase, shoot,/7 trap, discharge or throw
missiles at or disturb in any way any animal or bird/8 in any
park.
§ 55-17. Animals at large.16 [Amended 10-18-44]
No person owning or having the charge, custody or control
of any animal shall cause, suffer or permit such animal to go at
large in any park or park street. No person owning or having
the charge, custody or control of any dog shall cause, suffer or
permit such dog to enter, be brought into or remain in or on
any park or park street, except that a dog may be taken or
led through a park if continuously restrained by a leash not
exceeding six (6) feet in length, and if continuously confined
• to a hard-surfaced path, walk, road or drive and not allowed
16 Editor's Note: For additional regulations concerning animals, see §§ 55-16,
17, and 18 of this chapter; and Ch. 6, Animals.
17 Editor's Note: For additional regulations concerning firearms, see § 55-1911
of this chapter; and Ch. 25, Firearms.
18 Editor's Note: For additional regulations concerning animals, see §-55-15 of
this chapter.
19 Editor's Note: For additional regulations concerning animals, see § 55-15
of this chapter.
5507
§ 55-17 MAMARONECK CODE § 55-19
to enter in or upon any park waters or park lawn and if not
suffered or permitted to stop, tarry, loiter or commit any
nuisance in or upon any such park area.
§ 55-18. Animal damage to plantings.
No person shall tie any animal20 to any tree,21 plant or shrub
in or upon any park or, having charge of any such animal, allow
or cause it to injure any such tree, plant or shrub.
§ 55-19. Disorderly conduct.22
No person shall in any park:
A. Use any threatening, abusive or insulting language.
B. Do any obscene or indecent act.
C. Throw stones or other missiles.
D. Beg or publicly solicit subscriptions or contributions.
E. Tell fortunes.
F. Play cards or other games, of chance, or use or operate
any gaming table or instruments.
G. Climb upon any tree, building, wall, fence, shelter, seat,
statue, sign, pole or other construction.
20 Editor's Note: For additional regulations concerning animals, see § 55-15
of this chapter.
21 Editor's Note: For additional regulations concerning trees, see § 55-3 of
this chapter.
22 Editor's Note: For additional regulations concerning disorderly conduct, see
Ch. 57, Peace and Good Order.
23 Editor's Note: For additional regulations concerning firearms, see § 55-16 of
this chapter.
5508
§ 55-19 PARKS § 55-21
H. Fire or carry any firearms,23 firecrackers, torpedos or fire-
works.
I. Make a fire.24
J. Do any act tending to a breach of the public peace.
§ 55-20. Traffic regulations.25
No person shall operate, drive or propel, and no owner thereof
shall cause or permit to be operated, driven or propelled, on
any park street or roadway in any park, any bicycle, motorcycle,
motor-tricycle, automobile or motor vehicle, however propelled,
or any vehicle drawn by horses or other animals, recklessly or
negligently or at a speed or in a manner so as to endanger
or to be likely to endanger the life, limb or property of any
person. No person shall propel, ride, drive or operate on any
footpath, walk or elsewhere in any park, other than on the
streets and roadways thereof, any bicycle, tricycle, scooter,
roller skates or other vehicle of any nature whatsoever other
than baby carriages, wheelchairs and similar vehicles designed
exclusively for the transportation of infants, and of disabled
persons.
§ 55-21. Parking.26
No person shall park a motorcycle, automobile or horse-drawn
vehicle in any park, except within such areas as the Board of
• Park Commissioners may, in their discretion, from time to time
designate and set apart for such purpose, and then only at
24 Editor's Note: For additional regulations concerning fire prevention, see
Ch. 27, Fire Prevention Code.
25 Editor's Note: For additional regulations concerning traffic, see Ch. 81, Ve-
hicle and Traffic.
26 Editor's Note: For additional regulations concerning parking, see Ch. 81,
Vehicle and Traffic, Article III.
5509
§ 55-21 MAMARONECK CODE § 55-23
such times, in such manner and subject to such regulations as
said Board may direct and determine. No person shall park,
place or leave any bicycle, tricycle, scooter, wheelchair, baby
carriage or similar vehicle or any object or thing whatsoever
on any footpath, walk or steps or other place designed for the
used of pedestrians, in any park or in any place where such
object might or could obstruct or interfere with free and safe •
passage of pedestrians therein.
§ 55-22. Public hack stands.'
No vehicle for hire shall stand or park within any park,
except in such places as may from time to time be designated
and set apart by the Board of Park Commissioners as a stand
for public hacks and automobiles; and no owner, driver or
attendant of such vehicle shall solicit passengers therefor within
any park, except at the place or places so designated by the
Board of Park Commissioners.
§ 55-23. Restricted areas.
No person, other than members of the Board of Park Com-
missioners, employees of the Park Department in the perfor-
mance of their duties, and other persons in connection with the
transaction of lawful business with the Park Department, shall
enter" any garage, shop, storeroom, or other building or en-
closure devoted exclusively to the work of the Park Department
or enter in or upon any flower bed or garden in any park or •
enter in or upon any lawn or other portion of any park, the
use of which may from time to time be restricted or prohibited
by the Board of Park Commissioners; provided, nevertheless,
27 Editor's Note: For additional regulations concerning public transportation,
see Ch. 62, Public Transportation; and Ch. 75, Taxis.
28 Editor's Note: For additional regulations concerning trespassing, see Ch.
77, Trespassing.
5510
•
§ 55-23 PARKS § 55-27
that, in the case of the last mentioned specially restricted or
prohibited areas, the Board of Park Commissioners shall cause
signs to be conspicuously posted at or near such areas, setting
forth the fact of such restrictions or prohibitions. No person shall
walk, ride or propel any vehicle or object whatever through any
hedge, shrubbery or planting in any park.
•
§ 55-24. Hours of use. [Added 8-19-711
The hours for the use of all parks in the unincorporated area of
the Town of Mamaroneck, except for recreation-supervised ac-
tivities or programs, shall be as follows:
A. From May 1 to October 1: 8:00 a.m. to 9:00 p.m.
B. From October 1 to May 1: 8:00 a.m. to 7:00 p.m.
§ 55-25. Custodian of minors.
No parent, guardian or custodian of a minor shall permit or
allow such minor to do any act prohibited by the Park Ordinance.
§ 55-26. Penalties for offenses.
The violation of any of the foregoing rules and regulations is
hereby declared to be a misdemeanor, and any person or persons
violating the same shall be guilty of a misdemeanor and shall, on
conviction before a Justice of the Peace, be punished by a fine not
exceeding fifty dollars ($50.) or in default of payment of such fine
by imprisonment not exceeding thirty (30) days.
•
§ 55-27. Repealer.
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed.
Editor's Note: This ordinance also renumbered former §§ 55-24 through 55-28 as
§§ 55-25 through 55-29.
5511 8-25-79
§ 55-28 MAMARONECK CODE § 55-29
§ 55-28. Severability.
If any section or part of section or paragraph of this ordinance
is declared invalid or unconstitutional, it shall not be held to
invalidate or impair the validity, force or effect of any other
section or sections or part of a section or paragraph of this or-
dinance.
•
§ 55-29. When effective.
This ordinance shall take effect immediately after the same
shall have been published in accordance with Article 9 of the Town
Law.
•
5512 8-25-79
Chapter 56
•
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
5601-5699
§ 57-1 PEACE AND GOOD ORDER § 57-1
Chapter 57
PEACE AND GOOD ORDER/
§ 57-1. Riots.
® § 57-2. Improper conduct.
§ 57-3. Violations and penalties.
§ 57-4. Applicability.
§ 57-5. Inconsistent ordinances repealed.
§ 57-6. General title.
§ 57-7. When effective.
§ 57-8. Severability.
§ 57-9. Definitions.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-17-37 as Sections 6 and 7 of Chapter IV,
and Chapters I, X and XI, of the General Ordinances.
Amendments noted where applicable.]
§ 57-1. Riots.
No person shall take part in, join, aid or abet any riotous or
tumultou.s assemblage or unnecessary crowd upon the streets,
• or in the doorways or stairways adjacent thereto or in or on
any public place or highway,2 or loiter about such places.
Y Editor's Note: For additional regulations concerning peace and good order, see
Ch. 11, Bowling Alleys, § 11-5; Ch. 17, Conservation Areas, § 17-13; Ch. 21, Dances
and Dance Halls, § 21-7; Ch. 37, House Trailers, Trailer Camps and Tourist Camps,
§ 37-4K(7); and Ch. 55, Parks, § 55-19.
2 Editor's Note: For additional regulations concerning streets and sidewalks,see
Ch. 73, Streets and Sidewalks.
5701
§ 57-2 MAMARONECK CODE § 57-5
§ 57-2. Improper conduct.
No person shall use or engage in any profane, vulgar or
obscene language or conduct on any highway or public place
or in any manner whatever disturb, molest or interrupt or aid
in disturbing, molesting or interrupting any of the persons
composing or belonging to any lawful assembly, meeting or
congregation or reasonable gathering of persons in any church, •
school, society or association.
§ 57-3. Violations and penalties. [Amended 10-20-54]
Any person violating any of the provisions of this ordinance,
as the same may be from time to time amended, for which no
other penalty is provided, shall be guilty of a misdemeanor
punishable by imprisonment for not more than one (1) year
or by a fine of not more than five hundred dollars ($500.), or
both.
§ 57-4. Applicability.
This, ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever and
wherever the words "Town of Mamaroneck" are used, such words
shall mean the Town of Mamaroneck outside of incorporated '
villages.
§ 57-5. Inconsistent ordinances repealed. •
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
5702
§ 57-6 PEACE AND GOOD ORDER § 57-9
§ 57-6. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated vil-
lages."
§ 57-7. When effective.
This ordinance shall become effective immediately upon pub-
lication and posting thereof as provided in Section 133 of Chap-
ter 634 of the Laws of 1932, constituting Chapter 62 of the Con-
solidated Laws and known as the Town Law.
§ 57-8. Severability.
The declaration of any portion of this ordinance by a court
of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder of
said ordinance shall remain in full force and effect.
§ 57-9. Definitions.
STREET — Is every way set apart for public travel,
except alleyways, bridle paths and footpaths.
SIDEWALKS — Is that portion of the street between
• the physically established curblines and the designated
property lines.
VEHICLE — Is every device by which any person or
property is or may be transported or drawn upon the
street.
5703
§ 57-9 MAMARONECK CODE § 57-9
PARK, PARKING or PARKED — Shall mean the stop-
ping of a motor vehicle or motorcycle upon any public
highway and leaving such motor vehicle or motorcycle
unattended by a person capable of operating it, for a
period longer than necessary to load or unload passengers
or freight.
PERSON — As used in this ordinance, shall be construed •
to include individuals, copartnerships, corporations and
incorporated and joint-stock associations. [Added 5-3-39]
•
5704
Chapter 58
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
5801 -5899
•
POLICE DEPARTMENT
Chapter 59
POLICE DEPARTMENT
ARTICLE I
Police Escort Service
Local Law
No. 2
1974
A LOCAL LAW ESTABLISHING A FEE FOR POLICE
ESCORT SERVICE
§ 59-1. Escort service available.
§ 59-2. Direction and scheduling.
§ 59-3. Fee.
• § 59-4. Exemption.
§ 59-5. When effective.
ARTICLE II
Administration
Local Law
No. 5
1984
A LOCAL LAW ENTITLED"POLICE DEPARTMENT, TOWN
• OF MAMARONECK"
§ 59-6. Purpose.
§ 59-7. Commissioner of Police to be appointed.
§ 59-8. Powers of the Commissioner of Police.
§ 59-9. Rules and regulations.
5901 11-25-85
•
§ 59-1 MAMARONECK CODE § 59-3
§ 59-10. Applicability of other laws.
§ 59-11. Severability.
§ 59-12. When effective.
[HISTORY: Adopted by the Town Board of the Town of Ma-
maroneck: Article I, 10-16-74 as Local Law No. 2, 1974; Article
•
II, 10-3-84 as Local Law No. 5, 1984. Amendments noted where
applicable.]
GENERAL REFERENCES
Police alarm systems— See Ch. 5.
ARTICLE I
Police Escort Service
[Adopted 10-16-74 as L.L. No. 2, 1974]
Be it enacted by the Town Board of the Town of Mamaroneck as
follows:
§ 59-1. Escort service available.
The Police Department of the Town of Mamaroneck, New York,
shall provide escort service to any business or industry within its
jurisdiction at the request of said business or industry in the
transportation of money or other valuables within the town.
§ 59-2. Direction and scheduling.
The service shall be provided as scheduled and directed by the •
Chief of Police.
§ 59-3. Fee.
The fee to be paid to the Town of Mamaroneck for each such
escort service shall be the sum of ten dollars ($10.). All fees for
5902 11-25-85
§ 59-3 POLICE DEPARTMENT § 59-7
such escort service shall be paid to the Town Comptroller of the
Town of Mamaroneck, New York.
§ 59-4. Exemption.
The fee above stated for such escort service shall not apply to
charitable or other not-for-profit corporations or similar
•
associations, for which such escort service there shall be no
charge.
§ 59-5. When effective.
This local law shall take effect immediately.
ARTICLE II
Administration
[Adopted 10-3-84 as L.L. No. 5, 1984]
Be it enacted by the Town Board of the Town of Mamaroneck, as
follows:
§ 59-6. Purpose.
The purpose of this local law is to provide for the efficient, thor-
ough, and responsive administration of the Police Department in the
Town of Mamaroneck so as to deal with the significant problems
experienced by the Police Department of the Town of Mamaroneck
over the last twelve(12)years in its administration and to correct the
problems noted by two(2)professional studies conducted with regard
to the administration and functioning of the Police Department of
the Town of Mamaroneck.
• § 59-7. Commissioner of Police to be appointed.
The Town Board of the Town of Mamaroneck shall appoint a
Commissioner of Police who shall serve at the pleasure of the Board
and for such compensation as shall be fixed by the Town Board from
time to time.
5903 11-25-85
§ 59-8 MAMARONECK CODE § 59-11
§ 59-8. Powers of the Commissioner of Police.
Commissioner of Police shall have the following powers and duties:
A. All the powers and duties granted a Board of Police Commis-
sioners under Chapter 104 of the Laws of 1936 as amended,
including the power to make appointments, promotions, and
to remove employees, consistent with applicable laws con-
cerning the procedure for removal of employees; except that •
in the case of disciplinary proceedings, if the charges are
brought by the Commissioner of Police, the Town Board shall
sit as hearing officers. [Amended 6-19-85 by L.L. No. 9,
1985]
B. In any instance where Chapter 104 of the Laws of 1936 as
amended provides that an action shall be taken by the Town
Board or the Board of Police Commissioners, the Commis-
sioner of Police as appointed pursuant to this local law shall
act in the place of the Board of Police Commissioners.
§ 59-9. Rules and regulations.
The Commissioner of Police shall from time to time recommend to
the Town Board such changes in the rules and regulations of the
Police Department as are necessary for the efficient administration
and discipline of the Department, and the Town Board after public
hearing, upon ten(10)days notice published in the Daily Times, shall
adopt such rules and regulations as, after public hearing, it is
deemed appropriate.
§ 59-10. Applicability of other laws.
In all other respects, the Police Department of the Town of Ma-
maroneck shall be governed by applicable law. •
§ 59-11. Severability.
Should a court of competent jurisdiction declare any portion of this
local law unconstitutional or otherwise invalid, then no other section
of this local law shall be affected by such declaration.
5904 11-25-85
§ 59-12 POLICE DEPARTMENT § 59-12
§ 59-12. When effective.
This local law shall become effective immediately.
•
•
5905 11-25-85
PLUMBING CODE
Chapter 60
PLUMBING CODE'
ARTICLE I
® General
§ 60-1. Title; purpose.
§ 60-2. Compliance required.
§ 60-3. License required.
ARTICLE II
Examining Board of Plumbers
§ 60-4. Establishment.
§ 60-5. Composition.
§ 60-6. Compensation.
§ 60-7. Jurisdiction.
§ 60-8. Examinations.
§ 60-9. Special examinations.
§ 60-10. Definition.
§ 60-11. Applications.
§ 60-12. Publication of date.
§ 60-13. Compensation.
1 Editor's Note: For additional regulations concerning plumbing, see Ch. 11,
Bowling Alleys, § 11-3; Ch. 14, Building Code, § 14-2B and I; Ch. 21, Dances
and Dance Halls, § 21-4; Ch. 37,House Trailers, Trailer Camps and Tourist Camps„
§ 37-2B; Ch. 41, Licensed Occupations, § 41-1B; Ch. 64, Sewer Connections, § 64-8;
Ch. 73, Streets and Sidewalks, § 73-5; and Ch. 87, Water Control, § 87-4I.
6001
MAMARONECK CODE
ARTICLE III
Registration and Licensing
§ 60-14. Master or employing plumbers.
§ 60-15. Determination of competence.
§ 60-16. Certificate of competency.
§ 60-17. Master plumber licenses. •
§ 60-18. Expiration of licenses.
§ 60-19. Fees.
§ 60-20. Corporations.
§ 60-21. Bond.
§ 60-22. Disposition of fees.
§ 60-23. Use of name or license.
§ 60-24. Displaying license.
§ 60-25. Nontransf erability.
§ 60-26. Suspensions and revocations.
ARTICLE IV
Plumbing Inspector
§ 60-27. Appointment; duties.
ARTICLE V
Work Applications
§ 60-28. Prior approval; plans.
§ 60-29. Modifications.
§ 60-30. Time limit.
§ 60-31. Installation fees.
§ 60-32. House sewer inspections; fees.
6002
PLUMBING CODE
ARTICLE VI
Violations
§ 60-33. Serving of notice.
§ 60-34. Prompt correction.
§ 60-35. Violations and penalties.
•
ARTICLE VII
Words and Terms
§ 60-36. Definitions.
ARTICLE VIII
General Regulations
§ 60-37. Use of public sewers required.
§ 60-38. Sewage treatment required.
§ 60-39. Septic tank location.
§ 60-40. Harmful wastes.
§ 60-41. Explosive or inflammable matter in sewers.
§ 60-42. Grades on horizontal piping.
§ 60-43. Change in direction.
§ 60-44. Prohibited fittings.
§ 60-45. Dead ends.
• § 60-46. Offsets in mains.
§ 60-47. Stack supports.
§ 60-48. Protection of material.
§ 60-49. Workmanship.
§ 60-50. Installation of plumbing by owner.
6003
MAMARONECK CODE
ARTICLE IX
Quality and Weights of Materials
§ 60-51. Cast-iron pipe.
§ 60-52. Wrought-iron or steel pipe.
§ 60-53. Lead waste pipe.
§ 60-54. Brass pipe. •
§ 60-55. Copper pipe.
§ 60-56. Copper water tube.
§ 60-57. Brass ferrules.
§ 60-58. Soldering nipples.
§ 60-59. Asbestos-cement pipe.
ARTICLE X
Joints and Connections
§ 60-60. Watertight and airtight joints.
§ 60-61. Vitrified-pipe joints.
§ 60-62. Caulked joints.
§ 60-63. Screw joints.
§ 60-64. Cast-iron joints.
§ 60-65. Wrought iron, steel or brass to cast iron.
§ 60-66. Lead-pipe joints.
§ 60-67. Lead to cast iron, steel or wrought iron.
§ 60-68. Slip joints and unions.
§ 60-69. Roof joints.
§ 60-70. Floor connections.
§ 60-71. Increasers and reducers.
6004
PLUMBING CODE
§ 60-72. Prohibited joints and connections.
§ 60-73. Expansion bolts.
§ 60-74. New materials.
§ 60-75. House connections.
§ 60-76. Asbestos-cement pipe joints.
•
ARTICLE XI
Traps and Cleanouts
§ 60-77. Locations and types.
§ 60-78. Specifications and sizing of traps.
§ 60-79. Prohibited types.
§ 60-80. Separate traps.
§ 60-81. Water seal.
§ 60-82. Trap cleanouts.
§ 60-83. Trap levels and protections.
§ 60-84. Pipe cleanouts.
§ 60-85. Cleanouts required.
§ 60-86. Underground traps and cleanouts.
§ 60-87. Grease traps and catch basins.
§ 60-88. Gasoline and oil traps.
§ 60-89. Backwater valves.
• ART'ICLE XII
Sewers, Cesspools, Septic Tanks, Privy Vaults
§ 60-90. Independent system.
§ 60-91. Old house sewers.
6005
MAMARONECK CODE
§ 60-92. Connections with cesspools.
§ 60-93. Prohibitions.
§ 60-94. Material and fall.
§ 60-95. Permit required.
§ 60-96. Cesspools.
§ 60-97. Privy closets. •
§ 60-98. Excavation.
§ 60-99. House sewer requirements.
ARTICLE XIII
Soil, Waste and Vent Piping
§ 60-100. Material.
§ 60-101. Fixture units.
§ 60-102. Soil and waste stacks.
§ 60-103. Soil and waste-stack fixture connections.
§ 60-104. Changing soil and vent pipes.
§ 60-105. Prohibited connections.
§ 60-106. Soil and waste pipe protected.
§ 60-107. Roof extensions.
§ 60-108. Terminals.
§ 60-109. Branch soil and waste extension.
§ 60-110. Traps protected; vents.
§ 60-111. Distance of vent from trap seal. •
§ 60-112. Main vents to connect at base.
§ 60-113. Vents required; sizes.
§ 60-114. Branch and individual vents.
6006
PLUMBING CODE
§ 60-115. Vent-pipe grades and connections.
§ 60-116. Circuit and loop vents.
§ 60-117. Vents not required.
§ 60-118. Fittings.
§ 60-119. Base cleanouts.•
§ 60-120. Frost protection.
§ 60-121. Changes in directions.
§ 60-122. Acid discharges.
§ 60-123. Floor drains.
§ 60-124. Drains.
§ 60-125. Stack required in new sewers.
§ 60-126. Replacing old fixtures.
§ 60-127. Roof openings; back vents.
§ 60-128. Ventilation.
§ 60-129. Vent pipes.
§ 60-130. Materials for vents.
§ 60-131. Vent-pipe sizing.
§ 60-132. Couplings and back vents.
§ 60-133. Fixture backventing.
§ 60-134. Prohibited connections.
§ 60-135. Local vents.
•
ARTICLE XIV
House Sewers, House Drains and Leader Drains
§ 60-136. Minimum size house sewer.
§ 60-137. House drains.
6007
MAMARONECK CODE
§ 60-138. House trap.
§ 60-139. Fresh air inlet.
§ 60-140. Leader drains.
§ 60-141. House drains inside building.
§ 60-142. Sizing of drains.
§ 60-143. Basement or cellar floor drains. •
§ 60-144. File drains.
§ 60-145. Garage floor traps.
§ 60-146. Drainage below sewer level.
§ 60-147. Sumps and receiving tanks.
§ 60-148. Ejectors.
§ 60-149. Exhaust or blowoff pipe from steam boiler.
§ 60-150. Floor drain trap.
§ 60-151. Surface waters.
§ 60-152. Conductors.
§ 60-153. Leaders.
§ 60-154. Prohibited use of leaders.
§ 60-155. Connection at grade.
§ 60-156. Sizing of gutters and leaders.
ARTICLE XV
Refrigerator and Special Waste Lines
§ 60-157. Requirements.
§ 60-158. Drinking fountains.
§ 60-159. Expansion tanks.
6008
PLUMBING CODE
§ 60-160. Gas-machine waste.
§ 60-161. Sediment pipes.
§ 60-162. Dental cuspidors.
§ 60-163. Garage drains and catch basins.
§ 60-164. Special drains.•
§ 60-165. Stable wastes.
ARTICLE XVI
Plumbing Fixtures
§ 60-166. Materials.
§ 60-167. Installation.
§ 60-168. Water closet bowls.
§ 60-169. Number of water closets.
§ 60-170. Flushing tanks.
§ 60-171. Closet floor connections.
§ 60-172. Urinals.
§ 60-173. Prohibited fixtures.
ARTICLE XVII
Ventilation of Rooms and Fixtures
§ 60-174. Location of fixtures.
§ 60-175. Ventilation.
•
ARTICLE XVIII
Water Supply and Distribution
§ 60-176. Fixture requirements.
§ 60-177. Building valve.
6009
§ 60-1 MAMARONECK CODE § 60-2
§ 60-178. Separate valves.
§ 60-179. Supply pipes.
§ 60-180. Protection from freezing.
§ 60-181. Backflow protection.
§ 60-182. Hot-water tanks. •
§ 60-183. Separate pipes.
ARTICLE XIX
Tests, Inspections and Certificates
§ 60-184. Procedures.
§ 60-185. Certificate of inspection.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 6-15-38. Amendments noted where applicable.]
ARTICLE I
General
§ 60-1. Title; purpose.
This ordinance shall be known as the Plumbing Code and is
intended to regulate plumbing and drainage in the Town of
Mamaroneck outside incorporated villages, except as otherwise
provided by law.
§ 60-2. Compliance required. [Amended 5-3-39]
It shall be unlawful and subject the offender to the penalties •
hereinafter provided for any person to do any plumbing work or
for any person to allow or permit any plumbing work to be done
upon promises owned or occupied by such person in the Town
of Mamaroneck outside of incorporated villages, otherwise than
in compliance with the terms and provisions of this code.
6010
§ 60-3 PLUMBING CODE § 60-6
§ 60-3. License required.
No person shall do any plumbing work on any premises in the
Town of Mamaroneck outside incorporated villages, unless such
person shall first be duly licensed in the manner provided by
this code.
• ARTICLE II
Examining Board of Plumbers
§ 60-4. Establishment.
On the adoption of this ordinance by the Town Board, the
Town Board shall establish the Examining Board of Plumbers,
hereinafter called the Board.
§ 60-5. Composition.
The Board shall consist of five (5) members, to wit: the Town
Engineer, one (1) member of the Town Board, a duly licensed
physician practicing in the town, and two (2) persons who have
actively engaged in the plumbing business for at least ten (1'0)
years. The last four (4) members shall be appointed by the
Supervisor and must be residents of the Town of Mamaroneck.
The term of office of the last-mentioned two (2) members shall
be one (1) and two (2) years respectively, that of the third mem-
ber shall be three (3) years and that of the first two (2)
members shall be the term to which each has been appointed or
elected, as the case may be. Vacancies shall be filled for un-
• expired terms.
§ 60-6. Compensation.
Each member of the Board, except the Town Board member
and Engineer, shall receive, as compensation as such Board mem-
6011
§ 60-6 MAMARONECK CODE § 60-9
ber, such amount as a majority of said Board shall determine, but
in no event shall such compensation for any one (1) member
total more than fifty dollars ($50.) per year. The Town Board
member and the Town Engineer shall serve without compensa-
tion.
§ 60-7. Jurisdiction. •
The Board shall have jurisdiction over and examine all per-
sons desiring or intending to engage in the trade, business or
calling of plumbing as employing plumbers in the Town of Ma-
maroneck, with the power of examining persons applying for
certificate of competency as such employing or master plumbers,
to determine their fitness and qualifications for conducting the
business of master plumbers, and to issue certificates of com-
petency to all such persons who shall have satisfactorily passed
the examination before such Board, and shall be by it determined
to be qualified for conducting the business of employing or master
plumber.
§ 60-8. Examinations.
The Board shall hold an examination during each June and
December hereafter, for each of which the entrance fee shall be
five dollars ($5.).
§ 60-9. Special examinations.
A special examination may be held at any time, at the dis-
cretion of the Board. The expense of such special examination,
to wit, fifty dollars ($50.), shall be deposited with the Town
Clerk by the applicant for such special examination, prorated
among the applicants if there be more than one (1), but in no
case shall the examination fee for each applicant be less than
five dollars ($5.).
6012
§ 60-10 PLUMBING CODE § 60-14
§ 60-10. Definition.
EXAMINATION — Within the meaning of this section,
shall mean an examination of all the applicants who
apply for such, and shall be held on the same day.
§ 60-11. Applications. [Amended 8-3-60]
Before an applicant shall be admitted to an examination, he
shall file his application therefor, in writing, with the Town Clerk
at least ten (10) days before the examination day, and shall pay
the Town Clerk the required examination fee. The names' and
addresses of applicants shall be forwarded by the Town Clerk
to the Board. lie shall have served at least five (5) years as a
journeyman and furnish satisfactory proof of such service.
§ 60-12. Publication of date.
The Board shall publish in the town newspaper, for two (2)
consecutive weeks, notice of the date and place where each reg-
ular semiannual examination shall be held, the last notice to be
published at least ten (10) days before the examination date.
§ 60-13. Compensation.
Compensation of the Board members shall be paid by the
Supervisor out of the general fund.
• ART'ICLE III
Registration and Licensing
§ 60-14. Master or employing plumbers.
A. Except as otherwise herein provided, a person desiring or
intending to conduct the trade, business or calling of a
6013
§ 60-14 MAMARONECK CODE § 60-15
plumber or plumbing in the Town of Mamaroneck outside
incorporated villages, as an employing or master plumber,
shall be required to pass an examination conducted by the
Examining Board of Plumbers, to determine his com-
petency to properly perform his functions as a master or
employing plumber. In the case of a firm or corporation,
said organization may be represented by one (1) or more
members of said firm, or by an officer of the corporation.
B. No examination will be required of:
(1) Any person, firm or corporation applying for a license,
actually engaged in the trade, business or calling of
a master or employing plumber for a period of at least
one (1) year prior to the effective date of this ordi-
nance and who at the time this ordinance becomes
effective, resides or has a place of business in the
Town of Mamaroneck outside of incorporated villages,
and who shall furnish satisfactory evidence of these
facts to the Town Clerk. Such person, firm Or cor-
poration shall be deemed competent without examina-
tion and shall be entitled to a license if the application
for same is made within sixty (60) days after the
adoption of this ordinance.
(2) Any person, firm or corporation who holds a license
as a master plumber, issued by another municipality,
and who applies as provided in Section 32.2
§ 60-15. Determination of competence.
Upon receipt of the application from the Town Clerk and pay- •
ment of the fees required by this ordinance, the Examining
Board of Plumbers shall examine the applicant to determine his
fitness and competence as provided in this ordinance. If the
2 Editor's Note: Section 32 referred to here was repealed on 8-3-60.
6014
§ 60-15 PLUMBING CODE § 60-18
Board finds such person or persons to be competent, after
examination and payment of all fees required by this ordinance,
the Board shall issue to the applicant a certificate of com-
petency. Upon the filing of such certificate of competency, the
Town Clerk,upon payment of further fees required by this ordi-
nance, shall issue a license to engage in business as a master
or employing plumber in the Town of Mamaroneck outside of
• incorporated villages.
§ 60-16. Certificate of competency.
The applicant for a certificate of competency shall pay a fee
of twenty dollars ($20.) to cover the cost of his examination,
and no part of said fee shall be returned to the applicant
whether or not the certificate is granted, which fee shall be in
addition to the entrance fee of five dollars' ($5.) provided for in
§§ 60-8 and 60-9.
§ 60-17. Master plumber licenses.
The Town Board of the Town of Mamaroneck shall, upon ap-
plication therefor, issue a master plumber's license to the
persons entitled thereto in accordance with the preceding sections
of this Article, and any person to whom the master plumber's
license is issued shall register his name and address at the
office of the Plumbing Inspector.
§ 60-18. Expiration of licenses.
All master plumbers' licenses issued under the provisions of
the preceeding section of this Article shall expire on the 31st day
of December of the year in which they are issued, and may be
renewed for one (1) year from the first day of January in each
6015
§ 60-18 MAMARONECK CODE § 60-20
year, upon application made within thirty (30) days preceding
expiration. The master plumber's license of any person failing
to renew within the time above specified shall become void.
§ 60-19. Fees. [Amended 8-3-60]
•
A fee of twenty-five dollars ($25.) shall be charged for the
issuance of a master plumber's license and a fee of five dollars
($5.) shall be charged for the renewal thereof. Unless appplica-
tion for renewal is made, fee paid and bond furnished as herein-
after provided, before the expiration of license, no renewal shall
be issued, but the applicant must• apply for a new license as
herein provided. The Town Clerk shall, upon payment of a fee
of one dollar ($1.), issue a certified copy of said license for
filing in other municipalities.
§ 60-20. Corporations.
A domestic corporation •desiring or intending to conduct the
trade, business or calling of a plumber or of plumbing in the
Town of Mamaroneck as employing or master plumber, may do
so provided one (1) or more officers of such corporation
separately or aggregately actually hold and own at least fifty-
one per centum (51%) of the issued and outstanding capital
stock of said corporation, and provided that each of such officers
holding such percentage of the stock is the holder of a master
plumber's license issued by the Board as provided in Article III •
of this code. Each and every member of said corporation hold-
ing a master plumber's license shall comply with all the rules
and regulations applicable in master or employing plumbers in
the Town of Mamaroneck. Such corporation shall register at
the office of the Plumbing Inspector.
6016
§ 60-21 PLUMBING CODE § 60-23
§ 60-21. Bond.
Each licensee shall file with the Town Clerk a bond in the sum
of two thousand dollars ($2,00.0.), of an indemnity company, or
of not less than two (2) individual sureties satisfactory to the
Town Board of Mamaroneck, conditioned to indemnify and save
• harmless the Town of Mamaroneck of and from all damages and
losses which may result from the work of said licensee or his
or its officers, agents or employees being done carelessly or im-
perfectly or in such a way that injury or loss results to persons
or property thereby, or by reason of the licensee failing to com-
ply with all and singular rules and regulations as now or may
hereafter be established by the Board, or with any ordinances of
the Town of Mamaroneck and lawsi of the State of New York
the public streets3 or with any provision of the ordinances of
the Town of Mamaroneck and laws of the State of New York
applicable.
§ 60-22. Disposition of fees. [Amended 9-2-42]
All license fees, examination fees and inspection fees received
by the Town Clerk shall be paid by him to the Supervisor within
thirty (30) days after the receipt thereof and deposited in the
general fund. The Plumbing Inspector shall turn over to the
Town Clerk all inspection fees received by him within thirty
(30) days after receipt thereof.
• § 60-23. Use of name or license.
No. licensed plumber shall allow the use of his or its name or
license to any unlicensed person, firm or corporation for the
purpose of defrauding the town or otherwise.
3 Editor's Note: See Ch. 73, Streets and Sidewalks.
6017
§ 60-24 MAMARONECK CODE § 60-27
§ 60-24. Displaying license.
Any person, firm or corporation doing plumbing work in the
Town of Mamaroneck shall exhibit his or its license, upon re-
quest, to any peace officer, Town Board member, member of the
Board or the Board's representative, and shall, while opening
any highway for purposes incidental to such work and while •
such highway is so opened, exhibit in a conspicuous place ad-
jacent to such opening a sign at least one (1) foot square,
plainly marked, showing the number of such license.
§ 60-25. Nontransferability.
The dissolution of a firm or corporation shall operate as a can-
cellation of the license of such firm or corporation. Licenses
shall not be transferable.
§ 60-26. Suspensions and revocations.
A license may be suspended or revoked at any time by the
Board if, in its judgment, the best interests of the inhabitants
of the town shall be served thereby.
ARTICLE IV
Plumbing Inspector
§ 60-27. Appointment; duties.
The Board shall appoint a Plumbing Inspector,4 hereinafter •
called the Inspector, to serve for two (2) years. Such In-
spector shall inspect all plumbing work done in the Town of
Mamaroneck outside of incorporated villages, and perform other
4 Editor's Note: For additional regulations concerning the Plumbing Inspector,
see Ch. 37, House Trailers, Trailer Camps and Tourist Camps, § 37-4J(9).
601.8
§ 60-27 PLUMBING CODE § 60-29
duties as prescribed by the Board. The Inspector shall receive
compensation as fixed by the Town Board and shall serve at the
pleasure of the Town Board. Such Inspector shall have the
qualifications of a master or employing plumber, as provided in
this ordinance.
• ARTICLE V
Work Applications
§ 60-28. Prior approval; plans.
A. Before any plumbing work is started in a building or before
any additions or alterations are made to old work, an
application on regular printed forms properly filled out in
ink and signed by a licensed master plumber shall be filed
in the office of the Plumbing Inspector, together with plans
and a description in duplicate showing and describing the
proposed work, except that where only stoppages are
removed or leaks repaired or where plumbing fixtures are
replaced without altering or disturbing any drain, soil,
waste or vent pipe, no application or permit will be
required.
B. The plumbing plans shall consist of such floor plans and
sections as may be necessary to show clearly all the work to
be done, including all sewers, drains, soil, waste and vent
pipelines and the location of fixtures and their traps and
connections. All plans shall be drawn to scale in ink or may
be the prints of such scale drawings.
C. No work shall be proceeded with until the plumbing plans
and specifications referred to in this Article shall have been
approved in writing by the Plumbing Inspector.
•
§ 60-29. Modifications.
Modification of approved plans or of the work described therein
shall not be permitted unless such changes have been previously
allowed by the Plumbing Inspector, on written application. signed
by the owner or architect.
6019 8-25-79
§ 60-30 MAMARONECK CODE § 60-32
§ 60-30. Time limit.
All plans must be approved upon the condition that such ap-
proval expires by its own limitations six (6) months from date of
permit,unless work under it is then in progress. If it is not begun
under approved plans within that time, such plans shall again be
presented to the Plumbing Inspector for reconsideration.
•
§ 60-31. Installation fees. [Amended 5-4-77]
A fee of ten dollars ($10.) will be charged for a plumbing in-
stallation which does not include more than nine (9) fixtures.
When the installation includes ten (10) to forty (40) fixtures, the
above sum shall be increased at the rate of one dollar ($1.) per
fixture and fifty cents ($0.50) for each additional fixture over forty
(40). Such fee shall cover all new work, overhauling or additions to
plumbing work in any one (1) building. Said fees shall be paid to
the Inspector before said work is started by the plumber doing the
work. The Plumbing Inspector shall, upon requests, issue a
certificate when inspection is completed and the work has been
approved.
§ 60-32. House sewer inspections; fees. [Amended 8-3-60]
A. All house sewers between the building and the street line
shall be laid by a licensed plumber under the specifications
(Cont'd on page 6021)
•
6020 8-25-79
§ 60-32 PLUMBING CODE § 60-34
hereinafter set forth. This work shall be inspected once
by the Inspector upon notification by the plumber that
the entire line is complete and ready for inspection.
B. A fee of ten dollars ($10.) shall be collected by the In-
spector for this inspection at the time the plans are filed.
• C. All fees collected by the Inspector as herein provided
shall be turned over to the Supervisor.
ARTICLE VI
Violations
§ 60-33. Serving of notice. [Amended 5-3-39]
Whenever a person violates any of the provisions of this code
or whenever any person omits or refuses to comply with the
provisions of this code or deviates from the approved plans and
specifications for plumbing and draining filed with the Inspector,
the Plumbing Inspector shall serve notice of violation thereof
upon the master plumber doing the work and upon the owner
or occupant of the premises.
§ 60-34. Prompt correction. [Amended 5-3-39]
Such notice may be served personally or by mail, and if by
mail, may be addressed to such master plumber at the
address registered by him with Plumbing Inspector, and upon
the owner or occupant at the address given by him upon any
• application made by him for the plumbing work in connection
with which the violation occurs, but the failure of the master
plumber to register shall relieve the Plumbing Inspector from the
requirement of giving such notice to the master plumber. Unless
the violation is removed within three (3) days after the day
of serving or mailing of such notice, exclusive of the day of
6021
§ 60-34 MAMARONECK CODE § 60-36
serving or mailing, the Plumbing Inspector shall report such
violation to the Building Inspector, who shall enforce the pro-
visions of this code in the same manner as is provided for the
enforcement of the Building Code of the Town of Mamaroneck.
§ 60-35. Violations and penalties. [Amended 5-3-39]
Any person who omits or refuses to comply with, or resists,
willfully violates any of the provisions of this code, or who ob-
structs or hinders any inspector or officer in the due performance
of his duty hereunder, shall be declared guilty of a misdemeanor
and, upon conviction by the court, shall be punishable for each
conviction by a fine of not less than five dollars ($5.) nor more
than fifty dollars ($50.), or by imprisonment in case of default
in payment of the fine, for one (1) day for each one dollar ($1.)
of the fine, but not exceeding thirty (30) days, and each day the
provisions of such code are violated after due notice has been
served upon the offender in writing shall constitute a separate
offense and subject the offender to a like penalty, and if the
offender is a master plumber, he shall forefeit any license or
certificate of qualification• or registration which he may hold
from the Examining Board of Plumbers. Such violation shall
also subject any person committing the same to a penalty in
the sum of one hundred dollars ($100.), recoverable in a civil
action brought by or on behalf of the Town of Mamaroneck, and
when a violation of any of the provisions of this code is con-
tinuous, 'each twenty-four (24) hours thereof shall constitute a
separate and distinct violation.
ARTICLE VII •
Words and Terms
§ 60-36. Definitions.
APPROVED —Acceptable to or accepted by the Plumbing
Inspector.
6022
§ 60-36 PLUMBING CODE § 60-36
DEAD END — A branch leading from a soil, waste, vent,
house drain or house sewer, which is terminated at a
developed distance of two (2) feet or more by means of
a cap, plug or other fitting not used for admitting water
to the pipe.
HOUSE DRAIN — That part of the lowest horizontal
• piping of a house drainage system which receives the dis-
charge from soil, waste and other drainage pipes inside
the walls of any building and conveys the same: to the
house sewer, beginning five (5) feet outside of the inner
face of the building wall.
HOUSE SEWER — That part of the horizontal piping of
a house drainage system extending from the house drain
five (5) feet outside of the inner face of the building
wall to its connection with the public sewer or private
disposal plant, and conveying the drainage of but one
(1) building site.
MAIN — Of any system of horizontal, vertical or con-
tinuous piping is that part of such system which receives
the waste, vent or back vents from fixture outlets or
traps, direct or through branch pipes.
PLUMBING — All gas, water supply, sewer and drainage
piping and the installation of all fixtures and appurte-
nances incidental to the uses thereof, permanently in-
stalled, whether inside: or outside of buildings, excepting
such work as is done for the Town of Mamaroneck in
public highways: or rights-of-way.
STACK — Any vertical line of soil, waste or vent piping.
TRAP SEAL — The vertical distance between the crown
weir and the dip of the trap.
6023
§ 60-36 MAMARONECK CODE § 60-38
TRAP — A fitting or device so constructed as to prevent
the passage of air or gas through a pipe without materially
affecting the flow of sewage or waste through it.
VENT PIPE — Any pipe provided to ventilate the
plumbing system and to prevent trap siphonage and back
pressure.
WASTE PIPE and SPECIAL WASTE — Any pipe e which •
receives the discharge of any fixture, except water closets
and urinals, and conveys the same to the house drain,
soil or waste stacks. When such pipe does not connect
directly with a house drain or soil stack, it is termed a
SPECIAL WASTE.
WATER DISTRIBUTION PIPES — Those which convey
water from the service pipe to the plumbing fixtures.
WATER SERVICE PIPE — That pipe from the water
main to the building served.
ARTICLE VIII
General Regulations
§ 60-37. Use of public sewers required.
Where a public sewer is accessible in a street, alley, easement
or thoroughfare to a building or premises abutting thereon, the
liquid wastes from any plumbing system in said building shall
be discharged into the public sewer unless otherwise prohibited.
•
§ 60-38. Sewage treatment required.
Where the liquid wastes from any plumbing system are not
discharged in the public sewer, wastes shall be so treated or dis-
6024
§ 60-38 PLUMBING CODE § 60-41
posed of as not to endanger any water supply that is or may be
used for drinking or domestic purposes or so as not to create
any nuisance or unsanitary condition.
§ 60-39. Septic tank location.
® No septic tank shall be located less than twenty-five (25) feet
from an occupied building, except by special permission, nor shall
a septic tank be located within or under any building.
§ 60-40. Harmful wastes.
Corrosive or harmful wastes and wastes at a temperature
higher than one hundred forty degrees Fahrenheit (140°F.) shall
not be discharged into a public sewer. Such wastes, shall not
be discharged into a plumbing system to which water closets,
bathtubs, lavatories or other household plumbing fixtures are
connected. The plumbing system designed to receive such
wastes shall be of a material capable of resisting the destructive
action of such wastes. Where fixtures discharge wastes at a
temperature higher than one hundred forty degrees Fahrenheit
(140°F.), they shall be provided with a satisfactory cooling
device.
§ 60-41. Explosive or inflammable matter in sewers.
• No explosive or inflammable matters shall be discharged into
any sewer. Cleaning establishments, buildings used for housing
or repairing automobiles, gasoline and oil service stations and
other buildings or establishments where gasoline, oils, calcium
carbide or other explosives or inflammable materials are stored
sold or handled, the drains from which are connected to the
public sewer, must be provided with an approved intercepting
6025
§ 60-41 MAMAR,ONECK CODE § 60-45
pit or tank so constructed, located and maintained as to prevent
the entrance into the sewer of such explosive or inflammable mat-
ter.
§ 60-42. Grades on horizontal piping.
All horizontal piping shall be run in practical alignment and •
at a uniform grade of not less than one-quarter (1/4) of an inch
per foot, and shall be supported or anchored at intervals not
to exceed ten (10) feet. All stacks shall be supported at their
bases, and all pipes shall be rigidly secured.
§ 60-43. Change in direction.
All changes in direction shall be made by the appropriate use
of forty-five-degree wyes, half wyes, long sweep quarter bends,
sixth, eighth or sixteenth bends, except that single sanitary tees
may be used on vertical stacks and short quarter bends may be
used in soil and waste lines where the change in direction of
flow is from the horizontal to the vertical. Tees and crosses
may be used in vent pipes.
§ 60-44. Prohibited fittings.
No double hub, double tee or double sanitary tee branch shall
be used on soil or waste lines. The drilling and tapping of house
drains, soil, waste or vent pipes, and the use of saddle hubs and
bands, also combination lead bend and ferrules, are prohibited. •
§ 60-45. Dead ends.
In the installation of any drainage system, dead ends shall be
avoided.
6026
§ 60-46 PLUMBING. CODE § 60-49
§ 60-46. Offsets in mains.
Offsets in the mains of all stacks shall be avoided, but when
unavoidable they shall be made with deflections not greater than
forty-five degrees (45°) unless approved by the Plumbing In-
spector.
•
§ 60-47. Stack supports.
All free-standing stacks shall be thoroughly supported on
concrete or masonry piers at their bases and those forty (40) feet
or more in height shall also be provided with footrests at their
bases and also with floor rests or supports at ten-foot intervals.
The pipe supports, according to their location, shall be made
either with heavy iron posts, hangers, wall brackets or steel
fittings, concrete or masonry piers, provided that no brick pier
shall be less than eight (8) inches square. The use of pipe hooks
shall be prohibited for larger than one-and-one-half-inch pipe.
§ 60-48. Protection of material.
All pipes passing under or through walls shall be protected
from breakage; all pipes passing through cinder, concrete or
other corrosive material shall be protected against external cor-
rosion by the use of noncorrosive shields.
i
§ 60-49. Workmanship.
Workmanship shall be of such character as fully to secure
the results sought to be obtained in all of the sections of this
code.
6027
§ 60-50 MAMARONECK CODE § 60-51
§ 60-50. Installation of plumbing by owner.
All plumbing installed by the owner shall comply with the re-
quirements of this code, and in such event the word "owner"
shall be substituted for the word, "plumber" throughout this
code.
ARTICLE IX
Quality and Weights of Materials
§ 60-51. Cast-iron pipe.
A. All cast-iron pipe shall be uncoated, of a grade known as
extra-heavy hub-and-spigot pipe, of uniform thickness and
free from flaws, cracks or other defects. Each length
shall be truly cylindrical, straight, smooth and sound.
B. Each length of cast-iron pipe, trap or fitting shall have
the size, weight per foot and maker's name clearly cast or
stamped upon the exterior surface thereof.
C. The weight of such pipe per lineal foot shall be not less
than the following:
Pipe To weigh
(inches) (pounds)
2 5'•1/2
3 91/2
4 13
5 17
6 20
7 27 •
8 331/2
10 45
12 54
D. All cast-iron traps and fittings shall correspond in quality,
weight and finish with the above specifications.
6028
§ 60-52 PLUMBING CODE § 60-53
§ 60-52. Wrought-iron or steel pipe.
A. All wrought-iron or steel pipe shall be galvanized and
equal in quality to "Standard."
B. The weight of wrought-iron or steel pipe shall not be
less per lineal foot than the following:
Pipe To weigh
(inches) (pounds)
11/2 2.68
2 3.61
3 7.54
4 10.66
5 15.5
6 18.76
8 28.18
10 40.06
12 48.98
C. Fittings for wrought-iron and steel pipe shall be mallea-
ble iron, cast iron or steel fittings and shall be galvan-
ized, and such fittings used on drain lines shall be those
known in the trade as galvanized threaded recessed drain-
age fittings. All drainage fittings shall be of long turn
pattern. No wrought-iron or steel pipe shall be allowed
underground. Nipples three (3) inches long and shorter
shall be extra heavy.
§ 60-53. Lead waste pipe.
A. Lead waste pipe shall be of the best quality of the grade
known in the trade as. D and shall weigh per lineal foot
not less than as follows:
6029
§ 60-53 MAMARONECK CODE § 60-54
Pipe To weigh
(inches) (poun,ds)
11/2 3
2 4
3 6
4 . . 8
B. Lead traps and bends shall be of the weight as specified •
for lead pipe..
C. Sheet lead when used for roof flashing shall weigh at
least six (6) pounds per square foot and shall extend
not less than seven (7) inches from the pipe and be made
watertight.
§ 60-54. Brass pipe.
A. All brass pipe shall conform to the standard specifica-
tions as established by the American Society for Testing
Materials.
B. The weight of brass pipe shall not be less per lineal foot
than the following:
Weight in Pounds per Foot of Length
Muntz metal Red
Size of pipe high brass brass
(inches) admiralty metal
3/8 0.612 0.630
1/2 0.911 0.938 •
3/4 1.24 1.27
1 1.74 1.79
11/4 2.56 2.63
1.1/2 3.04 3.13
2 4.02 4.14
6030
§ 60-54 PLUMBING CODE § 60-55
Muntz metal Red
Size of pipe high brass brass
(inches) admiralty metal
21/2 5.83 6.00
3 8.31 8.56
31/2 10.85 11.17
4 12.29 12.66
• 41/2 13.74 14.15
5 15.40 15.85
6 18.44 18.99
§ 60-55: Copper pipe.
A. All copper pipe shall conform to the standard specifications
as established by the American Society for Testing Ma-
terials.
B. The weight of copper pipe shall not be less per lineal
foot than the following:
Size of pipe Weight in pounds
(inches) per foot of length
3/8 0.643
1/2 0.957
3/4 1.30
1 1.83
11/4 2.69
11/2 3.20
2 4.23
21/2 6.14
3 8.75
31/2 11.41
4 12.94
41/z 14.46
5 16.21
6 19.41
6031
§ 60-56 MAMARONECK CODE § 60-56
§ 60-56, Copper water tube.
A. All copper water tubing shall conform to the standard
specifications as established by the American Society for
Testing Materials.
B. There shall be three (3) classes of copper water tube,
depending on the principal uses as follows: •
(1) Class K: Designed for underground services.
(2) Class L: Designed for general plumbing purposes.
(3) Class M: Designed for use with soldered fittings only.
C. The weight for copper water tube shall not be less per
lineal foot than the following:
Size of pipe Weight in pounds
(inches) per foot of length
Class K Class L Class M
3/$ 0.269 0.198 0.144
1/2 0.344 0.285 0.203
0.641 0.455 0.328
1 0.839 0.655 0.464
11/4 1.04 0.884 0.68.1
11/2 1.36 1.14 0.94
2 2.06 1.75 1.46
2'1/2 2.92 2.48 2.03
3 4.00 3.33 2.681110
31/2 5.12 4.29 3.58
4 6.51 5.38 4.66
5 9.67 7.61 6.65
6 13.87 10.20 8.91
6032
W
§ 60-57 PLUMBING CODE § 60-59
§ 60-57. Brass ferrules.
Brass ferrules shall be of the best quality bell-shaped, extra-
heavy cast brass, not less than four (4) inches long and two
and one-quarter (2,1/4) inches, three and one-half (3'1/2) inches,
and four and one-half (41/2) inches in diameter, and of not less
• than the following weights:
Outside Weight
diameter pounds ounces
(inches)
2,1/4 1 0
31/2 1 12
41/2 2 8
§ 60-58. Soldering nipples.
Soldering nipples shall be of heavy cast brass or brass pipe,
iron pipe size. If cast, they shall be of not less than the fol-
lowing weights:
Size Weight
diameter pounds ounces
(inches)
11/2 0 8
2 0 14
21/2 1 6
3 2 0
4 3 8
§ 60-59. Asbestos-cement pipe. [Added 3-16-49]
Asbestos-cement pipe, when used for house sewers, shall be
not less than four (4) inches in diameter, and all asbestos-cement
pipe, couplings and other fittings shall be fabricated in accord-
6033
§ 60-59 MAMARONECK CODE § 60-64
ance with the standard specifications for asbestos-cement pipe
on file in the office of the Building Inspector 6
ARTICLE X
Joints and Connections
§ 60-60. Watertight and airtight joints. •
All joints and connections mentioned under this Article shall
be made permanently gastight and watertight.
§ 60-61. Vitrified-pipe joints.
All joints in vitrified clay pipes or between vitrified clay
pipe and metals, shall be yarned and poured with hot jointing
material.
§ 60-62. Caulked joints.
All caulked joints shall be firmly packed with oakum or hemp,
and shall be secured only with pure lead, not less than one (1)
inch deep, well caulked and no paint, varnish or putty will be
permitted until after the joint is tested.
§ 60-63. Screw joints.
All screw joints shall be American standard screw joints and
all burrs or cuttings shall be removed.
§ 60-64. Cast-iron joints. •
Cast-iron joints may be either caulked or screw joints made in
the approved manner.
6 Editor's Note: For additional information concerning the Building Inspector,
see Ch. 14, Building Inspector, § 14-2.
6034
§ 60-6'5 PLUMBING CODE § 60-69
§ 60-65. Wrought iron, steel or brass to east iron.
The joints may be either screwed or caulked joints made in the
approved manner.
§ 60-66. Lead-pipe joints.
• Joints in lead pipe or between lead pipe and brass or copper
pipes, ferrules, soldering nipples, bushings or traps, in all cases
on the sewer side of the trap and in concealed joints on the
inlet side of the trap, shall be full-wiped joints, with an exposed
surface of the solder to each side of the joint of not less than
three-quarters (34) of an inch and a minimum thickness at the
thickest part of the joint of not less than three-eighths (3/8) of
an inch. Except in concealed and inaccessible positions, other
types of joints may be permitted if approved by the Plumbing
Inspector.
§ 60-67. Lead to cast iron, steel or wrought iron.
The joints shall be made by means of a caulking ferrule, solder-
ing nipples or brass bushing.
§ 60-68. Slip joints and unions.
Slip joints will be permitted only in trap seals or on the inlet
side of the trap. Unions on the sewer side of the trap shall be
• ground faced, and shall not be concealed or enclosed.
§ 60-69. Roof joints.
The joints at the roof shall be made watertight by use of
copper, lead or iron plates or flashings.
6035
§ 60-70 MAMARONECK CODE § 60-74
§ 60-70. Floor connections.
A brass floor connection shall be wiped or soldered to lead
pipe, and iron floor connection caulked or screwed to wrought-
iron pipe, and the floor connection bolted to an earthenware
trap flange. A metal-to-earthenware, a metal-to-metal union or
a lead or asbestos gasket or washer shall be used to make a •
tight joint.
§ 60-71. Increasers and reducers.
Where different sizes of pipes or pipes and fittings are to be
connected, proper size increasers or reducers pitched at an
angle of forty-five degrees (45°) between the two (2) sizes, shall
be used.
§ 60-72. Prohibited joints and connections.
Any fitting or connection which has an enlargement, chamber
or recess with a ledge shoulder or reduction of the pipe area in
the direction of the flow on the inlet or drain side of any trap
is prohibited.
§ 60-73. Expansion bolts.
Connections of wall hangers, pipe supports or fixture settings
with the masonry, stone or concrete backing shall be made
with expansion bolts without the use of wooden plugs.
•
§ 60-74. New materials.
Any other material than that specified in this code, which the
Plumbing Inspector approves as being equally efficient, may be
permitted.
6036
§ 60-75 PLUMBING CODE § 60-77
§ 60-75. House connections.
All joints for cast-iron bell-and-spigot house connections
from house drain to town sewer in the street shall be filled
with oakum and molten lead and be hand caulked, so as to make
them airtight and watertight. The quantity of lead used shall
be twelve (12) ounces of fine soft lead for each inch in the
• diameter of the pipe.
§ 60-76. Asbestos-cement pipe joints. [Added 3-16-49]
All joints in absestos-cement pipe shall be made with standard
couplings, duplex adaptors or sleeve adaptors conforming with
the standards of the manufacturer of the pipe with which the
couplings shall be used.
ARTICLE XI
Traps and Cleanouts
§ 60-77. Locations and types.
There must be a main trap placed in all sewers to buildings,
same to be provided with a fresh air inlet to ventilate the
system in which plumbing fixtures are to be placed. Where
• there is a cellar under any given house or building, the main
trap therefor must be placed just inside the cellar wall. The
main trap, when placed in cellar, must be provided with double
han;d!hole cleanouts. Cleanouts shall be of type approved having
iron pipe threads. Where there is no cellar under building, the
main trap shall be placed in accessible pit with cover.
6'037
§ 60-78 }MAMARONECK CODE § 60-78
§ 60-78. Specifications and sizing of traps.
A. Every trap shall be self-cleaning. Traps for bathtubs,
lavatories, sinks and other similar fixtures shall be of
lead, brass, cast iron or of malleable iron. Galvanized or
porcelain-enameled traps shall be extra ,heavy and shall
have a full-bore smooth interior waterway, with threads
tapped out of solid metal. •
B. The minimum size. (nominal inside diameter) of trap and
waste branch for a given fixture, shall be not less than
that shown in the following table:
Kind of Trap and branch
fixtures size (in inches)
Bathtubs 2
Bath, shower, stall 2
Bath, sitz 1.1/2
Bath, foot 11/2
Bidets 11/2
Combination fixture 11/2
Drinking fountains 11/4
Fountain cuspidors 11/4
Floor drains 2
Laundry trays 2
Lavatory 11/2
Sinks, hotel or public 2
Sinks, kitchen, residence 2
Sinks, small, pantry or bar 1'1/2
Sinks, dishwasher • 2
Sinks, slop, with trap combined 3.
Sinks, slop sink, ordinary 2 •
Urinals, lip 11/2
Urinals, trough 2
Urinals, pedestal 3
Urinals., stall 2
Water closet 4
6038
§ 60-79 PLUMBING CODE § 60-83
§ 60-79. Prohibited types.
No form of trap which depends for its seal upon the action of
movable parts or concealed interior partitions shall be used for
fixtures.
• § 60-80. Separate traps.
Each fixture shall be separately trapped by a water-seal trap
placed as near to the fixture as possible, except that a set of not
more than three (3) laundry trays or lavatories, or a set of
two (2) laundry trays and one (1) sink, may connect with a
single trap. In no case shall th.e waste from the bathtub or
other fixture discharge into a water closet trap. No fixtures
shall be double-trapped.
§ 60-81. Water seal.
Each fixture trap shall have a water seal of not less than
two (2) inches and not more than four (4) inches, except grease
traps.
§ 60-82. Trap cleanouts.
Each accessible trap, except those in combination with fixtures
in which the trap seal is plainly visible and accessible, shall be
provided with an accessible brass trap screw of ample size, pro-
tected by the water seal.
§ 60-83. Trap levels an,d protections.
A. All traps shall be set true with respect to their water
seals and protected from frost and evaporation. All
6039
§ 60-83 MAMARONECK CODE § 60-87
floor drain traps must be provided with a suitable refill
water connection to maintain the water seal in trap.
B. The use of antisiphon traps for fixtures in old buildings
will be allowed only at the discretion of the Inspector.
§ 60-84. Pipe cleanouts. •
The bodies of cleanout ferrules shall be made of standard
pipe sizes, conform in thickness to that required for pipe and
fittings of the same metal and extend not less than one-quarter
(1/4) inch above the hub. The cleanout cap or plug shall be
of heavy red brass not less than one-eighth (1/8) inch thick and
be provided with raised nut or recessed socket for removal.
§ 60-85. Cleanouts required.
A cleanout easily accessible shall be provided at the foot of
each vertical waste or soil stack. Cleanouts shall be of the same
nominal size as the pipes up to four (4) inches and not less
than four (4) inches for larger pipes. The distance between
cleanouts in horizontal soil pipes shall not exceed twenty-five
(25) feet.
§ 60-86. Underground traps and cleanouts.
All underground traps and cleanouts must have their cap or
plug brought up flush to cellar floor level.
1111
§ 60-87. Grease traps and catch basins.
A. In any building where quantities of grease or oily wastes
are discharged, a water-cooled grease trap shall be pro-
6040
§ 60-87 PLUMBING CODE § 60-87
vided on each fixture through which such wastes are dis-
charged, or a grease catch basin shall be installed to in-
tercept such wastes before they enter the house drain or
house sewer. Where a grease catch basin is used, each
fixture shall be separately trapped as provided in § 60-80.
• B. Whenever possible, the grease catch basin shall be in-
stalled outside of the wall of the building as near as
possible to the fixtures from which it receives the dis-
charge. Such a trap or catch basin shall be protected
where necessary against freezing.
C. No human or fresh animal excrement shall be discharged
into a grease trap or grease catch basin either directly
or through any inlet pipe.
D. Where a grease trap is installed, it shall be placed as
near as possible to the fixture from which it receives the
discharge and it shall have double the capacity of said
fixture. It should be self-cleaning as regards sediment
solids, but large enough to chill and retain grease until
manually cleaned'. The outlet leg shall be so vented or
installed as to preclude the possibility of self-siphonage.
E. A grease catch basin shall be constructed in a watertight
and substantial manner of steel, iron, brick, concrete,
vitrified clay or masonry. The outlet pipe shall be one
(1) size larger than the inlet pipe and in no case less
than four (4) inches.
411 F. The outlet shall be provided with an inverted bend and
cleanout. It shall be submerged at least eight (8) inches
and it shall receive liquid as close to the bottom as
possible and the bottom be so formed that sedimented
solids will be scoured out at each discharge. The catch
basin shall be so vented and installed as to preclude the
6041
§ 60-87 MAMARONECK CODE § 60-89
possibility of siphoning. The inlet shall enter near the
water surface. The capacity of the catch basin should be
not less than the maximum hourly inflow. The catch
basin should have tight masonry, vitrified-clay or metal
cover readily removable and accessible for the removal
of grease.
•
§ 60-88. Gasoline and oil traps.
A. A gasoline and oil trap shall be provided on the waste
from all garages, automobile wash floors, cleaning estab-
lishments or establishments from which gasoline, benzine
or other similar substances is discharged. Said trap
shall be installed on the waste line above its junction with
any other pipe or receptacle containing sewage. The
passing of human or animal excrement through such a trap
is prohibited.
B. A gasoline and oil trap shall be constructed in the same
general manner as provided for a grease catch basin in
§ 60-87. The capacity of the gasoline or oil trap shall
be not less than twice the maximum hourly inflow.
C. All gasoline and oil traps shall be vented with a four-inch
or larger vent pipe leading from the highest practicable
point in the trap.
§ 60-89. Backwater valves.
Backwater valves shall have all bearing parts or balls of non-
corrodible metal and be so constructed as to insure a positive
mechanical seal and remain closed except when discharging
wastes. If a backwater valve is placed in main sewer back of
house trap, a fresh air inlet must be placed back of backwater
valve. All backwater valves must be approved by the Board.
6042
§ 60-90 PLU'MBING CODE § 60-92
ARTICLE XII
Sewers, Cesspools, Septic Tanks, Privy Vaults
§ 60-90. Independent system.
A. The drainage and plumbing system of each new building
• and of new work installed in an existing building shall be
separate from and independent of that of any other build-
ing except as provided below, and every building shall
have an independent connection with a public or private
sewer when available.
B. Where one (1) building stands in the rear of another
building on an interior lot and no private sewer is
available or can be constructed to the rear building
through adjoining alley, court, yard or driveway, the
house sewer from the front building may be extended to
the rear building and the whole will be considered as
one (1) house sewer.
§ 60-91. Old house sewers.
Old drains may be used in connection with new buildings or
new plumbing only when they are found, on examination and
test, to conform in all respects to the requirements governing
new drains, as prescribed in this code. If the old work is found
defective, the proper administrative authority shall notify the
owner to make the necessary changes' to conform with this code.
§ 60-92. Connections with cesspools.
The connection of any drainage system of any building to a
cesspool or,septic tank is prohibited where a public sewer is
accessible. In locations not served by sanitary sewers and
where there is no piped water in the street, the installation of
6043
§ 60-92 MAMARONECK CODE § 60-95
wells, privies, cesspools and septic tanks may be permitted. In
general, the basis of design and installation of these rural con-
veniences shall conform to New York State Department of
Health Bulletin No. 26, entitled "Rural Water• Supply and
Sewage Disposal Systems," latest edition.
•
§ 60-93. Prohibitions.
A. No person shall make or cause to be made any connection
with any storm-water drain or with any stream or water-
course within the limits of the Town of Mamaroneck
for the removal of sewage from any premises.
B. No person shall cause or allow any surface water from
the ground, cellar or the roof of any house or building
to enter any pipe or drain that discharges into any fixture
or trap connected with the public sewer.
§ 60-94. Material and fall. [Amended 3-16-49]
All house sewers from buildings discharging into public sewers,
cesspools, vaults or septic tanks shall be not less than four (4)
inches in diameter, of cast-iron or asbestos-cement pipe, solidly
laid on a true grade of one-quarter (1/4) inch per foot and as
nearly as possible in a straight line.
•
§ 60-95. Permit required.
No person shall hereafter construct any privy vault or ces:s
pool or septic tank within the limits of the T'o•wn of Mamaro-
neck without a special permit from the Plumbing Inspector.
6044
§ 60-96 PLUMBING CODE § 60-99
§ 60-96. Cesspools.
No person shall build or maintain any cesspool or septic
tank within one hundred (100) feet of any well or within twenty-
five (25) feet of any street line, dwelling house, shop, factory,
store or public building without special permission in writing
from the Plumbing Inspector.
•
§ 60-97. Privy closets.
No person shall build any privy closet except with a water-
tight vault or maintain any privy within twenty-five (25) feet
of any street line, dwelling house, shop, factory, store or public
building or within fifty (50) feet of any well without special
permission from the Plumbing Inspector.
§ 60-98. Excavation.
Each system of piping shall be laid in a separate trench,
provided that drainage trenches may be benched not less than
eighteen (18) inches for lighter piping, if not in violation o•f
any town regulation prescribed for their installation. Where
a double system of drainage is installed, the sanitary and sur-
face house drains may be laid side by side in one (1) trench.
§ 69-99. House sewer requirements. [Amended 3-16-49]
A. All house sewers from buildings discharging into a public
• sewer shall be of cast-iron soil pipe of the quality and
weight specified in § 60-51, or may be of asbestos-cement
pipe as specified in § 60-59. All pipe used for house
sewers shall be of proper size (inside diameter) to care for
all the sewage flow from the building, but in no case shall
the pipe be less than four (4) inches (inside diameter).
6045
§ 60-99 MAMARONECK CODE § 60-100
If cast-iron soil pipe is used, all joints for bell-and-spigot
cast-iron pipe shall be made with oakum and molten lead
(or lead wool), and shall be hand caulked so as to make
them airtight and watertight. The quality of the'lead
shall be twelve (12) ounces of fine soft lead for each
inch in diameter of the pipe.
B. If asbestos-cement pipe is used, the joints shall be made •
by standard asbestos-cement couplings for each five or
ten-foot length of pipe, as made by the pipe manufacturer.
The ends of the pipe and fittings shall be tapered and
primed with an asphalt coating at the factory. The
standard couplings shall be furnished with each standard
or half-length of pipe. It shall consist of an asbestos-
cement sleeve, the asphalt lining of which shall have been
applied at the factory. In laying the pipe, the asphalt
coating on the end of the pipe and inside the coupling
shall be painted with a liquid primer, as made by the
pipe manufacturer, and the coupling shall be firmly pushed
into position. If for any reason the pipe has to be cut,
the joint shall be made with adaptors and caulked with
yarn and asphaltic joint compound or molten lead or lead
wool.
C. Joints between asbestos-cement pipe and cast-iron pipe
shall be caulked with lead and oakum. Joints between
asbestos-cement pipe and the public sewer, either tile pipe
or cast-iron pipe, shall be made by the use of M-D fittings.
ARTICLE XIII
Soil, Waste and Vent Piping
§ 60-100. Material.
All main or branch soil, waste and vent pipes within the build,
ing shall be of cast iron, galvanized steel or wrought iron, brass
or copper, except that no galvanized-steel or wrought-iron pipe
shall be used for underground soil or waste pipes.
6046
§ 60-101 PLUMBING CODE § 60-102
§ 60-101. Fixture units. ' •
The following table based on the rate of discharge from a
lavatory as• the unit shall be employed to determine fixture
equivalents: •
Fixture
• unit
One lavatory 1
One kitchen sink 11/2
One bathtub 2
One laundry tray 3
One combination fixture 3
One urinal 3
One shower bath 3
One floor drain 3
One slop sink 4
One water closet 6
One bathroom group consisting of one water closet, one.
lavatory, and one bathtub and overhead shower; or
one water closet, one lavatory and one shower
compartment 8
§ 60-102. Soil and waste stacks.
Every building in which plumbing fixtures are installed shall
have a soil or waste stack or stacks extending full size through
• the roof. Soil and waste stacks shall be. as direct as possible
and free from sharp bends and turns. The required size of soil
or waste stack shall be determined from the distribution and
totals of all fixture units connected to the stack in accordance
with the following tables, except that no water closet shall
discharge into a stack less than four (4) inches diameter.
6047
§ 60-102 MAMARONECK CODE § 60-104
Maximum Fixture Units on One Stack
Maximum
length
including
*In one ;On any extension
Diameter branch one as vent
(inches) interval stack (feet)
11/4 1 1 50
11/2 2 8 65
2 9 16 85
3 24 48 212
4 144 256 300
5 324 680 390
6 672 1,380 510
8 2,088 3,600 750
*The term "branch interval" shall be interpreted to mean
a vertical length of stack, not less than eight (8) feet,
within which a branch or branches are connected, and the
total fixture units on all branches connected to a stack
within any eight-foot length shall not exceed the maximum
permitted by the table in one (1) branch interval.
§ 60-103. Soil and waste-stack fixture connections.
All soil and waste stacks and branches shall be provided with
correctly faced inlets for fixture connections..
§ 60-104. Changing soil and vent pipes.
In existing buildings where the soil or waste vent pipe is not •
extended undiminished through or above the roof, or where there
is a sheet metal soil or waste vent pipe and the fixture is changed
in style or location or is replaced, a soil or waste vent pipe of
the size and material prescribed for new work shall be installed.
6048
§ 60-105 PLUMBING CODE § 60-108
§ 60-105. Prohibited connections.
No fixture connection shall be made to a lead bend or branch
of a water closet or similar fixture. No soil or waste vent, cir-
cuit or loop vent above the highest installed fixture on the
branch or main shall thereafter be used as a soil or waste pipe.
•
§ 60-106. Soil and waste pipe protected.
No soil or waste stack shall be installed or permitted outside
of building unless adequate provision is made to protect it from
frost.
§ 60-107. Roof extensions.
A. All roof extensions of soil and waste stacks shall be run
full size at least one (1) foot above the roof, and when
the roof is used for other purposes than weather protection
such extension shall be not less than five (5) feet above
the roof.
B. When there is danger of frost closure no roof extension
shall be less than four (4) inches in diameter. Change
in diameter shall be made by use of a long increaser at
least one (1) foot below the roof, and where access to the
roof is difficult a test opening shall be provided at this
point.
•
§ 60-108. Terminals.
The roof terminal of any stack or vent, if within twelve
(12) feet of any door, window, scuttle or air shaft, shall
extend at least three (3) feet above the same.
6049
§ 6'0-109 MAMARONECK CODE § 60-112
§ 60-109. Branch soil and waste extension.
Any vertical branch rising more than ten (10) feet or any
lateral branch running more than twenty-five. (25) feet from
the main soil line shall be continued full size to a point above
the roof in the same manner as required for main soil pipes,
or may be returned to the main vent pipe full size. •
§ 60-110. Traps protected; vents.
Every fixture trap shall be protected against siphonage, and
back pressure and air circulation assured, by means of a soil- or
waste-stack vent, a continuous waste or soil vent, or a loop or
circuit vent. No crown vent shall be installed.
§ 60-111. Distance of vent from trap seal.
No trap shall be placed more than two (2) feet, horizontal
developed length, from its vent, except that the distance between
the vent and trap may be fifteen (15) feet or less on the waste
from a surgical operating table, dental cuspidor or other similar
fixture. The distance shall be measured along the central line
of the waste or soil pipe from the vertical inlet of the trap to
the vent opening. The vent opening from the soil or waste
pipe, except for water closets and similar fixtures, shall not be
below the dip of the trap.
§ 60-112. Main vents to connect at base.
111
All main vents or vent stacks shall connect full size at their
base to the main soil or waste pipe at or below the lowest
fixture branch and shall extend undiminished in size above the
roof or shall be reconnected with the main soil or waste vent
at least three (3) feet above the highest fixture branch.
6050
§ 60-113 PLUMBING CODE § 60-113
§ 60-113. Vents required; sizes.
The required size of main vents or vent stacks shall be deter-
mined on the basis of the size of the soil or waste stack, the
number of fixtures or fixture units connected to the soil or
waste stack and the developed length of the main vent or vent
stack, in accordance with the following table:
Diameter
of
soil or Number
waste of Diameter of vent
stack fixtures (inches)
(inches) (units) 11/4 11/2 2 21/2 3 4 5 6 8
11/4 1 45
11A Up to 8 35 60
2 Up to 18 30 50 90
21/, Up to 36 25 45 75 105
3 12 34 120 180 212
3 18 18 70 180 212
3 24 12 50 130 212
3 36 8 35 93 212
3 48 7 32 80 212
3 72 6 25 65 212
4 24 25 110 200 300 340
4 48 16 65 115 300 340
4 96 12 45 84 300 340
4 144 9 36 72 300 340
• 4 192 8 30 64 282 340
4 264 7 20 56 245 34'0
4 384 5 18 47 206 340
5 72 40 65 250 390 440
5 144 30 47 180 390 440
5 288 20 32 124 390 440
5 432 16 24 94 320 440
6051
§ 60-113 1VIAMARONECK CODE § 60-115
Diameter
of
soil or Number
waste of Diameter of vent
stack fixtures (inches)
(inches) (units) 11/411/2 2 21/2 3 4 5 6 8
5 720 10 16 7'0 225 440 •
5 1,020 8 13 58 180 440
6 1.44 27 108 340 510
6 288 15 70 220 510 630
6 576 10 43 150 425 630
6 864 7 33 125 320 630
6 1,296 6 25 92 240 630
6 2,070 4 21 75 186 630
§ 60-114. Branch and individual vents.
No vents shall be less than one and one-fourth (11/4) inches
in diameter. For one-and-one-fourth- and one-and-one-half-inch
wastes, the vent shall be of the same diameter as the waste pipe,
and in no case shall a branch or main vent have a diameter
less than one-half (1/2) that of the soil or waste pipe served, and
in no case shall the length of a branch vent of given diameter
exceed the maximum length permitted for the main size soil
or vent stack.
§ 60-115. Vent-pipe grades and connections.
All vent and branch vent pipes shall be free from drops or •
sags and be so graded and connected as to drip back to the soil
or waste pipe by gravity. Where vent pipes connect to a hori-
zontal soil or waste pipe, the vent branch shall be taken off
above the center line of the pipe, and the vent must rise
vertically or at an angle of forty-five degree's (45°) to the ver-
6052
§ 60-115 PLUMBING CODE § 60-119
tical to a point six (6) inches above the fixture it is venting
before offsetting horizontally or connecting to the branch, main
waste or soil vent.
§ 60-116. Circuit and loop vents.
A circuit or loop vent will be permitted as follows: A branch
• or waste pipe to which two (2) and not more than eight (8)
water closets, pedestal urinals, trap standard slop sinks or
shower stalls are connected in the series may be vented by a
circuit or loop vent, which shall be taken off in front of the last
fixture connection. Where fixtures discharge above such branch,
each branch shall be provided with a relief vent one-half (1)
the diameter of the soil or waste stack, but in no ease less than
two (2) inches in 'diameter, taken off in front of the first fixture
connection.
§ 60-117. Vents not required.
Where bathrooms or water closets or other fixtures are located
on opposite sides of a wall or partition or directly adjacent to
each other within the prescribed distance, such fixtures may have
a common soil or waste pipe and common vent.
§ 60-118. Fittings.
All fittings used for soil and waste pipe, hereinafter specified,
shall be extra-heavy cast-iron fittings or galvanized recessed and
threaded drainage fittings. All threaded iron pipe shall be
• reamed before being installed.
§ 60-119. Base cleanouts.
A cleanout easily accessible shall be provided at the base
of all vertical soil and waste stacks, of the same size of stacks
6053
§ 60-119 MAMARRONECK CODE § 60-123
up to four (4) inches and not less than four (4) inches on stacks
larger than four (4) inches. Cleanout shall have iron pipe
threads.
§ 60-120. Frost protection.
No soil or waste stacks shall be installed or permitted outside •
of a building unless adequate provisions are made to protect same
from frost.
§ 60-121. Changes in directions.
All changes in direction of soil and waste pipes shall be made
with long tee-wye's, one-sixteenth, one-sixth or one-eighth bends.
Short single or double tee-wye's may be used in vertical risers
only. Tees and crosses may be used in vent pipes only.
§ 60-122. Acid discharges. •
Where acid or water contaminated with acid is to be wasted,
the pipe and fittings in both waste and vent lines and connec-
tions to sewers, must be of material approved by the Inspector.
§ 60-123. Floor drains.
Floor drains in warehouses or similar buildings must be sep-
arately trapped and the waste stack from same must extend
through roof. In no case will dead ends be allowed. Traps •
for floor drains need not be back vented. Floor drains in all
slaughterhouses must discharge into a watertight catch basin
or basins of sufficient size, same to be provided with a leg of
cast-iron pipe not less than twelve (12) inches to form a seal.
The top of leg must have a brass cleanout screw with iron pipe
6054
§ 60-123 PLUMBING CODE § 60-126
size threads, and the outlet must not be less than four (4) inches
in diameter. In hotels, restaurants and similar buildings where
greasy waste is discharged into drains or sewers from fixtures,
same must be provided with a grease trap interceptor of proper
size approved by the Board.
• § 60-124. Drains.
In a building where dairy products are stored, the floor or
floors must be drained into sewer and properly trapped. The
drain receiving the discharge of coolers must not be of a size
less than three (3) inches and properly trapped and vented. Ice-
box drains must be trapped and the joint between box and drain
must be left open.
§ 60-125. Stack required in new sewers.
When a new sewer is installed in an old building, said building
must have installed a stack four (4) inches running through roof.
§ 60-126. Replacing old fixtures.
When replacing an old fixture on old rough work not dis-
turbed, the new fixture or fixtures need not be ventilated.
Should the old rough work in any manner be altered, it shall
• be considered and installed as new work and a plan must be
filed and the work inspected. In all cases where a fixture or
fixtures are renewed or replaced, a specification of the fixture
or fixtures must be filed with the Board. Where an old closet
is replaced with a new one, a closet floor flange must be in-
stalled and shall be inspected.
6055
§ 60-127 MAMARONECK CODE § 60-127
§ 60-127. Roof openings; back vents.
A. Where soil, waste vent or conductor pipes pass through
roof, the joints at roof shall be made watertight by the
use of copper or lead flashings.
B. One (1) slop sink counts as three (3) fixture units.
•
C. Back vents for water closets' and other fixtures with traps
two (2) inches and over shall conform to the following
table:
Inches Closets or Units
2 3 18
21/2 7 42
3 12 72
4 54 324
5 75 450
6 96 576
6 244 1,464
8 244 1,464
Back vents for fixtures with traps two (2) inches and
smaller:
Back vent
(inches) Traps
11/4 1 11/2-inch trap
11/2 3 11/2-inch traps
2 12 11/2-inch traps
21/2 42 11/2-inch traps
3 72 11/2-inch traps
4 324 11/2-inch traps
5 450 11/2-inch traps
6 576 11/2-inch traps
8 1,464 11/2-inch traps
6056
§ 60-128 PLUMBING CODE § 60-130
§ 60-128. Ventilation.
A. All traps must be protected from siphonage, and the waste
pipes leading from them ventilated by special vent pipes
of sizes as follows:
• For 4-inch trap 2 inches
For 3-inch trap 2 inches
For 2-inch trap 11/2 inches
For 11/2-inch trap 11/4 inches
For 11/4-inch trap 11/4 inches
B. The above does not apply to antisiphon traps.
C. The seal of any trap to a plumbing fixture shall not be
less than two (2) inches.
§ 60-129. Vent pipes.
Vent pipes must extend above roof as described for roof ex-
tensions and shall be increased one (1) size for all sizes under
four (4) inches before passing through roof. It will, however,
be permissible to connect vent pipes together and branch them
into main vent above the top of the highest fixtures. These
vent pipes must always have a continuous slope to avoid col-
lecting water by condensation. The bowing of vent pipes must
be avoided.
• § 60-130. Materials for vents.
All vent pipes and fittings must be of galvanized wrought iron
or galvanized steel pipe. However, cast-iron hub-and-spigot
pipe, known in commerce as extra-heavy or cast-iron screw pipe,
and fittings approved may be used.
6057
§ 60-131 MAMARONECK CODE § 60-134
§ 60-131. Vent-pipe sizing.
The number of fixtures connected to a. back-vent pipe shall
not be more than as set forth in the following table:
One (1) closet counts as six (6) fixture units.
One (1) floor urinal counts as three (3) fixture units. •
§ 60-132. Couplings and back vents.
A. All vent couplings must be either ground—joint or brass
soldering nipples, right and left couplings, or Tucker
connection.
B. Trap back-vent pipes shall be continuous. Where the
vent pipes, are continuous and traps are ventilated through
the waste fitting, the center of the outlet of such fitting
shall not be set below the water seal of the trap and the
trap shall not be more than three (3) feet from the waste
fitting. No crown venting will be, permitted.
§ 60-133. Fixture backventing.
Where two (2) fixtures discharge into a double tee-wye branch,
and there are no other fixtures discharging above them, said
fixtures may be back vented through a common vent pipe, pro- •
vided that waste and vent pipe be of full size.
§ 60-134. Prohibited connections.
A. Soil, waste or vent pipes shall not be used as rain leaders.
6058
§ 60-134 PLUMBING CODE § GO-136
B. Slip joints on waste pipes on sewer side of trap to,fixture
or fixtures and washer joints on sewer side of trap are
prohibited except when said joints are below water seal
of trap.
C. In no cast shall the waste pipe from any plumbing fix-
• ture be connected to a water closet trap.
D. No form of trap except grease interceptor or trap will
be permitted that has an interior chamber or plates nor
one (1) that depends upon interior partitions• for a seal.
§ 60-135. Local vents.
A. Local or vapor vent pipes from hospital sterilizers or any
plumbing fixture or fixtures of a hospital must be carried
through the roof separately.
B. Any local vent or duct pipes installed to ventilate in-
terior of room where any plumbing fixture or fixtures are
installed shall have no connection whatever with other
ventilating pipes or ducts in building. Such local vents
shall be extended through the roof or may be connected
into any available heated flue.
ARTICLE XIV
• House Sewers, House Drains and Leader Drains
§ 60-136. Minimum size house, sewer. [Amended 3-16-49]
The house sewer shall be at least four (4) inches in diameter
of cast-iron soil pipe or asbestos-cement pipe.
6059
§ 60-137 MAMARONECK CODE § 60-138
§ 60-137. House drains.
The required size of sanitary house drains and horizontal
branches shall be determined on the basis of the total number of
fixture units drained by them in accordance with the following
table:
Maximum Number of Fixture Units •
Slope Slope
Diameter 1/-.inch 1/2-inch
of pipe fall to fall to
(inches) one foot one foot
11,/4 1 1
11/2 2 3
2 6 8
3 *18 *21
4 76 114
5 216 264
6 450 600
8 1,392 2,220
10 2,520 3,900
12 4,320 6,912
*No water closet shall discharge into a drain
pipe less than four (4) inches in diameter.
§ 60-138. House trap.
A cast-iron running trap, in no case less than four (4) inches
with two (2) cleanout hubs, shall be placed in the house drain •
near the front wall inside the building and on the sewer side
of all connections except a wye-fitting to receive the discharge of
a.n automatic sewage ejector, oil separator or boiler flowoff
where they are used. If placed below the cellar floor, the trap
shall be made accessible in a suitable masonry manhole with
iron cover.
6060
§ 60-139 PLUMBING CODE § 60-140
§ 60-139. Fresh air inlet.
A fresh air inlet pipe shall be connected with the house drain
just inside the house trap, with a separate fitting in the drain,
and extended to the outer air, terminating with a return bend
with open end or through foundation wall with quarter bend
looking down or with perforated plate, with openings equal in
• area to size of pipe, in either case terminating not less than
one (1) foot above grade, in location approved by the Plumbing
Inspector and, shown on plans.
A. For a four-inch house drain, the fresh air inlet shall be
four (4) inches.
B. For a five-inch and six-inch house drain, it shall be not
less than four (4) inches.
C. For seven-inch and eight-inch house drains, it shall be
not less than six (6) inches.
D. For ten-inch and twelve-inch house drains, it shall be not
less than eight (8) inches.
§ 60-140. Leader drains.
A. No leader pipe or surface water drain shall be connected
with any drain, soil or waste pipe connected with any
sewer, cesspool or septic tank.
B. Inside rainwater leaders shall be made of cast-iron or
wrought-iron or steel pipe and shall extend three (3) feet
outside of foundation of building to roof.
• C. Connections to roof shall be made by means of heavy lead
or copper, wiped to a brass ferrule or brass screw nipple.
Fittings for inside leaders shall be as required for other
parts of the drainage system.
D. Inside leaders shall be water tested.
6061
§ 60-141 MAMARONECK CODE § 60-142
§ 60-141. House drains inside building.
The house drain inside of the building must be of cast-iron
pipe such as described. It shall be laid in a trench cut to
a uniform grade with a fall of at least one-quarter (1/4) of an
inch to the foot toward the street sewer. Where this' is im-
possible, it must be hung on cellar wall or ceiling and supported
with iron hangers or brackets five (5) feet on centers. Dead •
ends in a branch leading from soil, waste, vent, house drain
or house sewer with a developed length of two (2) feet or more
should be avoided. All such iron drains must be run in as
straight a line as possible. All changes in direction must be
made with full wye-branch, one-eighth (1/8) bend, long sweep tee-
wye or long sweep double tee-wye. No double hub, sleeve or
double tee-branch shall be used in soil or waste lines. The drill-
ing and tapping of house drains, soil, waste or vent pipes and
the use of saddle hubs and bands are prohibited.
§ 60-142. Sizing of drains.
The sizes of drains for storm water shall be as indicated in
the following table:
Maximum Drained Area
Square Feet
Drain pipe Fall Fall Fall
inches 1/8 inch 1/4 inch 1/2 inch
diameter to 1 foot to 1 foot to 1 foot
3 865 1,230 1,825
4 1,860 2,610 4,170
5 3,325 4,715 7,465 •
6 5,315 7,515 11,875
8 11,115 15,745 24,890
10 19,530 27,575 43,625
12 31,200 44,115 69,720
14 42,600 60,000 95,000
6062
§ 60-143 PLUMBING CODE § 60-145
§ 60-143. Basement or cellar floor drains.
Cellar or basement floor drains shall connect into a deep seal
trap, so constructed that it can be readily cleaned and of a
size not less than three (3) inches in diameter. When subject
to backflow or back pressure, such drains may be equipped
with an approved deep seal backwater trap of the automatic
• type not less than three (3) inches in diameter.
§ 60-144. File\drains.
Subsoil foundation, clear water and absorption tile drains.
A. Where above crown of storm sewer, these drains shall
be connected to storm sewer through a catch basin, as
may be approved by the Inspector.
B. In cases Where subsoil drains are placed under the cellar
floor or used to encircle the outer walls of a building,
the same shall be made of open-jointed drain tile or
earthenware pipe, not less than three (3) inches in diam-
eter, and shall be properly trapped and protected against
back pressure by an automatic back-pressure valve ac-
cessibly located before entering storm sewer or drain.
§ 60-145. Garage floor traps.
The floor drains of a public garage for more than four (4)
41/ cars, at where repairs are made, must drain into a catch basin
of approved design with a deep seal trap and a perforated iron
cover. A leg of cast-iron pipe not less than twelve (12) inches
must be used to form a seal. All other tile traps prohibited.
All garage traps and traps for pits in garage, public and private,
connected with sewer, must be approved by the Inspector.
6063
§ 60-146 MAMARONECK CODE § 60-149
§ 60-146. Drainage below sewer level.
In all buildings in which the whole or part of the house
drainage and plumbing system thereof lies below the crown
level of the main sewer, sewage or wastes shall be lifted by ap-
proved artificial means and discharged into house sewer with
check valve on connection.
•
§ 60-147. Sumps and receiving tanks.
All sub-house drains shall discharge into an airtight sump
or receiving tank so located as to receive the sewage by
gravity, from which sump or receiving tank the sewage shall
be lifted and discharged into the house sewer by pump, ejectors
or any equally efficient method. Such sumps shall be either
automatically discharged or be of sufficient capacity to receive
the house sewage and wastes for not less than twenty-four (24)
hours.
§ 60-148. Ejectors.
The soil or vent pipe leading to an ejector or other appliances
for raising sewage or other waste matter to the sewer shall,
where a water closet or closets are installed, be provided with
a vent pipe not less than three (3) inches in diameter, same
to be carried separately through roof, and where fixtures other
than water closets are installed, the waste and vent pipe shall
be the same diameter as the waste pipe, and a trap with fresh
air inlet shall be installed in sewer before entering the ejector.
•
§ 60-149. Exhaust or blowoff pipe from steam boiler.
No steam exhaust or blowoff pipe from a steam boiler will
be allowed to connect with any soil or waste pipe or directly
6064
§ 60-149 PLUMBING CODE § 60-153
with the. house drain. Blowoff exhaust from high-pressure
boiler shall discharge into a cooling tank, the waste from which,
if it be: discharged into the sewer through the house drain,
must connect on the outside of the running trap. Only cast-iron
pipe with hub and spigot shall be used, made with rust joints.
In low-pressure steam systems, the cooling tank may be omitted.
§ 60-150. Floor drain trap.
Where the minimum size house drain is allowed, the trap for
floor drain must connect into main drain at least five (5) feet
from soil stack or may be connected into a three-inch drain
that receives only the waste of tray and sink.
§ 60-151. Surface waters.
All drainage from roofs, leaders, yards, areaways, garage or
other driveways, and all subsoil-foundation, clear-water and
absorption tile drains shall not be connected to the sanitary
sewer, but shall be discharged into the crown of storm drain
in the street if same is available. If not available, or if the
area to be drained is below the storm drain or gutter, the
drainage waters shall be lifted by means of an approved device
and discharged into the street gutter.
§ 60-152. Conductors.
All conductor pipes must be properly connected with storm
111/ sewer if available or street gutter if storm drain is not available.
§ 60-153. Leaders.
When within house or building, the leader must be the same
material as specified for soil, waste and vent pipes, and spouts
6065
§ 60-153 MAMARONECK CODE § 60-156
shall be copper or lead with ferrule or solder nipple or other
conductor heads approved by the Board.
§ 60-154. Prohibited use of leaders.
Use of rainwater leaders as soil, waste or vent pipes is pro-
hibited.
§ 60-155. Connection at grade.
Extra,heavy cast-iron pipe shall be used to connect to out-
side rain leader one (1) two-foot length thereof, same size as
conductor, extending at least six (6) inches above grade with
hub end.
§ 60-156. Sizing of gutters and leaders.
A. Gutters and inside leaders shall not be less, in diameter
than indicated by the following table:
Roof area Gutter Leader
(square feet) (inch) (inch)
Up to 90 3 11/2
91 to 27'0 4 2
271 to 810 4 21/�
811 to 1,800 5 3
1,801 to 3,600 6 4
3,601 to 5,500 8 5
5,501 to 9,600 10 6
B. Outside leaders shall be one (1) size larger than required
for inside leaders.
6066
§ 60-157 PLUMBING CODE § 60-158
ARTICLE XV
Refrigerator and Special Waste Lines
§ 60-157. Requirements.
A: Refrigerator• waste pipes shall be of galvanized iron and
be not less than one-and-o•ne-half-inch diameter, with
• branches not less than one-and-one-fourth-inch with
strainers over each inlet. Refrigerator waste pipes shall
not be trapped but shall discharge over a water supplied
properly trapped and vented sink, the top of which sink
shall be not over four (4) feet above the floor.
B. The indirect waste line, if over twenty (20) feet in
length, shall continue to and through the roof, and in
no case shall it be open within six (6) feet of an open
soil or vent pipe. The size of pipe where passing through
roof shall be the size of waste line carried through build-
ing.
C. Cleanouts shall be provided as required.
§ 60-158. Drinking fountains.
A. No plumbing fixtures except drinking fountains, soda
fountain or bar sinks shall be installed with an indirect
waste to the plumbing system. The waste of drinking
fountains, soda fountains and bar sinks may be connected
directly to the plumbing system when installed in the
same manner as required for other plumbing fixtures, or
they may be installed with an indirect waste with dis-
charge open end; over a properly water-supplied, trapped
and vented sink. In either case the branch waste to each
such fixture shall be at least one and one-quarter (11/4)
inches in diameter, with a one-and-one-half-inch trap.
6067
§ 60-158 MAMARONECK CODE § 6'0-162
B. The waste line in either case shall extend through roof.
Branches on indirect waste lines fifteen (15) feet or more
in length shall be continued to roof.
C. When one (1) or two (2) such fixtures are discharged
into waste line, said line shall be at least one and one-half
(11/2) inches internal diameter, and when more than •
two (2) fountains, such line shall be two (2) inches.
§ 60-159. Expansion tanks.
Expansion tank overflow or discharge from vacuum machines
shall be exhausted openly on the roof system.
§ 60-160. Gas-machine waste.
A gas-machine waste may be connected directly with a drain,
soil or waste pipe connecting with sewer, provided same is
properly trapped and vented.
§ 60-161. Sediment pipes.
No sediment pipe from house boilers shall be connected
directly into any part of the plumbing drainage system.
§ 60-162. Dental cuspidors. •
The waste pipe for dental cuspidors shall be one and one-
quarter (11/4) inches for not more than three (3) connections.
When more than three (3) cuspidors are connected on separate
waste line, such line shall be increased to one and one-half (1'1/2)
inches. Each cuspidor shall be separately trapped by a trap
6068
§ 60-162 PLUMBING CODE § 60-163
at least one and one-quarter (111/4) inches in diameter, properly
vented and placed as close to the fixture as possible. Waste
material from dental cuspidors may discharge over sink.
§ 60-163. Garage drains and catch basins.
• A. A garage or other structure for the housing, sale or re-
pair of automobiles, which is provided with a water sup-
ply if either a temporary or permanent character, or in
which automobiles are washed, cleaned or repaired, shall
be provided with proper means for draining the floors
and repair pits, in such manner that no drainage there-
from shall flow over any street, alley or paved approach.
Such drains shall be so arranged as to intercept all oil,
gasoline or other inflammable fluids, as well as sand, silt
and other solids, for the purpose of excluding same from
the sewer system.
B. They shall be provided with a sealed inlet opening not
less than three (3) inches in diameter and a ventilating
pipe of not less than three (3) inches in diameter and
carried up above the highest part of the roof and sub-
ject to the same conditions as required for roof outlets
of soil or waste pipes.
C. The material for vent pipe must be the same as required
for house drains when belowground and for soil and
waste vents when above ground.
D. Such drains shall have the accumulated oils and other
• inflammable fluids pumped or otherwise removed there-
from at regular intervals and shall be so maintained as,
to insure the exclusion of the same from the sewer system.
E. They shall also be kept free of sand, silt and other solids
and shall be subject to a periodical inspection.
6069
§ 60-164 MAMARONECK CODE § 60-167
§ 60-164. Special drains.
Every building hereafter constructed or converted into a
place of business where gasoline, benzine, naphtha or other in-
flammable oils or compounds are used, also any existing building
where such business is carried on, shall be provided with a
special drain the same as that required above for garages. A
washbasin in a garage may discharge into the catch-basin vent •
pipe. Such catch basins may be constructed of cast iron, con-
crete or brick as required for tight cesspools.
§ 60-165. Stable wastes.
All liquid wastes from barns, stables, manure pits and stable
yards shall be intercepted before entering the sewer by a suit-
able catch basin, properly trapped. Said catch basin shall be
provided with a vent not less than four (4) inches, continued
through the roof.
ARTICLE XVI
Plumbing Fixtures
§ 60-166. Materials.
All receptacles used as water closets, urinals, or otherwise
for the disposal of human excretia shall be vitrified earthenware
or other approved nonabsorptive watertight material.
§ 60-167. Installation.
All plumbing fixtures shall be installed free and open in a •
manner to afford access for cleaning. When practical, all pipes
from fixtures shall be run to the wall, and no lead trap or pipe
shall extend nearer to the floor than twelve (12) inches unless
protected by casing.
6070
§ 60-168 PLUMBING CODE § 60-170
§ 60-168. Water closet bowls.
Water closet bowls and traps. shall be made, in one (1) piece
and of such form as to hold sufficient quantity of water, when
filled to the trap overflow, to prevent fouling of surfaces, and
shall be provided with integral flushing rims constructed so as
to flush the entire interior of the bowl.
§ 60-169. Number of water closets.
A. Every dwelling, hotel, public building, store or office
depending on the public sewer for drainage shall have
one (1) water closet for every ten (10) persons. Every
tenement shall have at least one (1). water closet for
every living apartment of four (4) rooms or more and
one (1) water closet for every two (2) apartments of
three (3) rooms or less.
B. Separate water closets and toilet rooms shall be provided
for each sex in buildings used as workshops, office build-
ings, factories, hotels and all places of public assembly.
C. Where there is only one (1) water closet intended for
use of occupants of any building or apartment, such
water closet shall be so arranged that it is accessible
without passing through any sleeping apartment.
i § 60-170. Flushing tanks.
A. Each water closet shall be flushed from a separate six-
gallon flush tank, the water from which is used for no
other purpose., or they may be flushed through approved
flushometer valves.
6071
§ 60-170 MAMARONECK CODE § 60-172
B. Iron flush tanks and automatic flush tanks for water
closets and urinals are prohibited.
C. Copper lining of the flush tanks for water closets and
urinals shall not be lighter than ten-ounce copper.
D. The flush pipe for water closet flush tanks shall be not
less than one and one-quarter (11/4) inches in diameter, •
and the water from the flush tank shall be used for no
other purpose.
E. Rubber flush connections will not be permitted on any
flush pipe.
§ 60-171. Closet floor connections.
A. All earthenware traps for water closets or other fixtures
shall have approved brass floor flanges not less than three-
sixteenths (3/16) inch thick, properly soldered to the
lead waste pipe and bolted with brass bolts to the trap
flange, and the joints made permanently airtight.
B. Earthenware traps or water closet, or other fixtures with
connection through floor shall be set on an approved slab
of porcelain, marble, slate or soapstone the full size of
the base of the trap, except where the floor compartment
has a smooth even surface and is impervious to moisture,
in which case the floor slab or template will not be
required.
§ 60-172. Urinals. •
A. All urinals within a building shall be of glazed earthen-
ware and each urinal shall be flushed from a four-gallon
flush tank with one-inch-diameter flush pipe, or they may
6072
§ 60-172 PLUMBING CODE § 60-174
be flushed through a flushometer valve from a three-
fourths-inch supply branch, under the same conditions as
required for water closets.
B. The floor and walls of urinal stalls shall be lined with
nonabsorbent and noncorrosive material.
411
§ 60-173. Prohibited fixtures.
A. Plunger, pans, prison or long hopper are prohibited.
Flush rim hoppers may be used for compartments that
have no direct connection with a building used for human
habitation. The hopper must be flushed with a tank
protected from frost, and the trap for said hopper must
be placed just below the floor and properly protected
from frost by the use of mineral wool packing. Such
hopper shall be ventilated with a three-inch stack and in-
creased to four (4) inches before passing through a roof.
B. No closet trough or urinal trough shall be allowed in any
house or building.
ARTICLE XVII
Ventilation of Rooms and Fixtures
§ 60-174. Location of fixtures.
• No plumbing fixture shall be located in any room or apart-
ment which does not contain a window placed in an external
wall of the building? or is not provided with a system of ven-
tilation.
7 Editor's Note: For additional regulations concerning buildings, see Ch. 14,
Building Code.
6073
§ 60-175 MAMARONECK CODE § 60-176
§ 60-175. Ventilation.
A. Every toilet room and every water closet or urinal com-
partment, unless provided with a suitable system of ex-
haust ventilation, shall be ventilated directly to the outer
air by movable windows or by skylights with fixed or
pivoted louvers. Every such toilet room or compartment
shall have a window or glass skylight not less than one •
(1) foot wide, and an area of.not less than six (6) square
feet for one (1) water closet or urinal, and the area of
the window or skylight shall be increased by at least one
(1) square foot for every additional water closet or urinal.
B. If a mechanical system of ventilation is used, such system
shall consist of metal or smooth masonry ducts extending
from the individual toilet room or compartments to a
fan or fans of sufficient capacity to exhaust a volume
of not less than thirty (30) cubic feet of air per minute
for each water closet or urinal, and in no case shall less
than six (6) changes of air in the toilet room or com-
partment be allowed per hour. The exhaust duct shall
discharge into the outside air above the roof and in such
a manner as not to create objectionable odors or a nuisance
on the premises or adjacent premises.
C. Ventilation from toilet rooms shall be separate and distinct
and have no connection whatever with the other ven-
tilating ducts in the building.
ARTICLE XVIII
Water Supply and Distribution
§ 60-176. Fixture requirements. •
All water closets and other plumbing fixtures connected with
a sewer must be provided with a sufficient supply of water8
for flushing to insure at all times proper sanitary condition.
8 Editor's Note: For additional regulations concerning water, see § 60-183 of
this chapter; Ch. 84, Water; and Ch. 87, Water Control.
6074
§ 60-177 PLUMBING CODE § 60-179
§ 60-177. Building valve.
A stop and waste cock or valve shall be installed inside of
front wall of each building containing plumbing and drainage
work performed pursuant to this ordinance, so placed as to
control all water supply piping.
§ 60-178. Separate valves.
A. Every floor and every separate apartment must have
separate stop or valve to control water supply to fixtures
on that floor.
B. Every water supply riser must have a stop and waste
cock or valve at its base to control same.
C. Every water closet shall have a stopcock.
D. All slip joint connections are prohibited.
§ 60-179. Supply pipes.
A. Water pipes shall be of lead, brass, copper or galvanized
iron or steel and shall be run of not less than the fol-
lowing sizes.
B. However, the main water supply or water service from
the water main to the curb box shall be either lead or
• copper. Copper to be annealed and to have wall thick-
nesses sufficient to meet requirements of American Society
of Testing Materials Specifications B 88-83, Type K.
Use of steel water pipe in ground is prohibited.
C. Main supply to building to be not less than three-fourth-
inch but in any event to be of sufficient size to permit a
6075
§ 60-179 MAMARONECK CODE § 60-182
continuous ample flow of water on all floors at a given
time.
Riser to bathroom, 2 only 3/4-inch
Laundry tubs 1-inch
Boilers 1/2-inch
Sinks 1/2-inch
Bathtubs 1/2-inch •
Closets 1/2-inch
Basins 1/2-inch
§ 60-180. Protection from freezing.
No water pipe shall be placed where it shall be liable to freeze.
Where any plumbing fixture is installed on outside wall and
supply pipes leading to such fixture are in partition of said wall,
such pipes must be properly protected from freezing by a packing
of mineral wool or other approved insulation.
§ 60-181. Backflow protection.
Installation of any plumbing fixture, device or construction
which will provide a cross-connection between a distributing sys-
tem of water for drinking and domestic purposes and a drainage
system, soil or waste pipe so as to permit or make possible the
backflow of sewage or waste is prohibited.
§ 60-182. Hot-water tanks.
All hot-water tanks° shall be of weight known as extra heavy •
and shall be supported from floor or ceiling on substantial
hangers or stand, and shall be provided with control valve on
inlet supply and also provided with safety valve of temperature
and pressure type and emptying valve or hose cock.
9 Editor's Note: For additional regulations concerning supply of hot water,
see Ch. 37, House Trailers, Trailer Camps and Tourist Camps, § 37-4F.
6076
§ 60-183 PLUMBING CODE § 60-184
§ 60-183. Separate pipes. [Added 5-3-39]
A. A separate tap or service pipe will be required for each
consumer in a building taking water10 through a separate
meter; every building used for residence purposes, whether
or not the same is a unit in a group of such buildings,
shall have a separate tap or service pipe and shall have a
• separate meter.
B. This section shall not apply to any building erected prior
to the enactment of this section.
ARTICLE XIX
Tests, Inspections and Certificates
§ 60-184. Procedures.
A. Every new plumbing system or addition to old system for
which a permit is required shall be tested by the plumber
at his expense, in the presence of the Plumbing Inspector,
in accordance with the following subdivisions of this
section.
B. The entire new plumbing and drainage system within the
building, when roughed in, shall be tested by the plumber
in the presence of the Plumbing Inspector and as directed
by him, under a water test.
C. The water test shall be applied by securely closing all
openings and filling pipes to the highest opening above
• the roof with the water, except that part of the system
may be tested separately, provided that there shall be
a head of water of at least ten (10) feet above all parts
of the work so tested. Special provision shall be made
10 Editor's Note: For additional regulations concerning water, see § 60-176 of
this chapter.
6077
§ 60-184 MAMARONECK CODE § 60-185
to include all joints and connections to the finished line
or face of floors or side walls, so that all vents and back
vents including lead work may be tested with the main
stacks. All pipes shall remain uncovered in every part
until they have satisfactorily passed the test.
D. After the completion of the work and when the fixtures
are installed, a smoke test under a pressure of one-inch •
water column will be required of the system, including all
vent and back vent pipes, in the presence of the Plumbing
Inspector and as directed by him the necessary apparatus
to be furnished by the plumber.
E. All brass floor and wall flanges for fixtures must be
inspected before fixtures are set.
F. All defective pipes and fittings or fixtures shall be re-
moved and alldefective work shall be made good so as
to conform to the provisions of this code.
G. On alterations and additions to old work, where in the
judgment of the Plumbing Inspector it is impractical to
apply tests mentioned in this section, such work shall be
thoroughly inspected, if not tested before being covered.
H. In the event it is impractical to conduct "smoke test"
the Plumbing Inspector reserves the right to order the
plumber to condiuct a "peppermint test," solely at the
plumber's expense.
§ 60-185. Certificate of inspection.
When the plumbing in a building is completed, the master •
plumber shall secure for himself and the owners of such building,
from the Plumbing Inspector, a certificate of inspection duly
signed by him certifying that the plumbing work has been prop-
erly inspected and tested as required by the provisions of this
code.
6078
PROPERTY MAINTENANCE
Chapter 61
PROPERTY MAINTENANCE
• Local Law
No. 2
1970
A LOCAL LAW TO BE KNOWN AS "THE PROPERTY
MAINTENANCE LAW OF THE TOWN OF MAMARONECK"
§ 61-1. Legislative intent.
§ 61-2. Definitions.
§ 61-3. Standards.
I 61-4. Penalties for offenses.
§ 61-5. Enforcement.
§ 61-6. Severability.
§ 61-7. When effective.
§ 61-8. Heating of occupied buildings and potable water.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 6-17-70 as Local Law No. 2, 1970. Amendments
noted where applicable.]
• GENERAL REFERENCES
Building Code — See Ch. 14.
Conservation areas— See Ch. 17.
Fire Prevention Code— See Ch. 27.
Garbage and rubbish— See Ch. 30.
House trailers;trailer and tourist camps—See Ch.37.
Lot maintenance — See Ch. 46.
Parks— See Ch. 55.
Streets and sidewalks— See Ch. 73.
6101 -25 75
§ 61-1 MAMARONECK CODE § 61-2
Be it enacted by the Town Board of the Town of
Mamaroneck, as follows:
§ 61-1. Legislative intent.
In order to prevent blight and the spread thereof, it is hereby
declared that all structures, except for legal one- and two-family
dwellings used for residential or commercial purposes, including •
but not limited to garden apartments, shopping centers, super-
markets, retail stores, discount houses, warehouses, manufac-
turing or fabrication plants, factories, gasoline service stations,
restaurants, food service establishments, office buildings, public
garages, motor vehicle repair shops or other business uses,
whether occupied or vacant, and accessory structures, located in
the Town of Mamaroneck, shall be maintained in conformance
with the standards set out in this chapter so as to assure that
these structures and properties will not adversely affect the
neighborhood and the community at large. It is found and
declared that by reason of lack of maintenance and progressive
deterioration, certain structures and properties have the further
effect of creating blighting conditions and that, if the same are not
curtailed and removed, the aforesaid conditions will grow and
spread and will necessitate in time the expenditure of large
amounts of public funds to correct and eliminate the same. By
reason of timely regulations and restrictions, as herein contained,
the growth of blight may be prevented and the neighborhood and
property values thereby maintained, and the desirability and
amenities of residential and nonresidential uses and neigh-
borhoods enhanced and the public health, safety and welfare
protected and fostered. This local law has been prepared and
adopted with consideration of the character of the various zoning
districts and the stability for the particular uses therein.
411/
§ 61-2. Definitions.
The following definitions shall govern the interpretation of this
local law unless otherwise expressly defined herein. Words used in
the singular shall include the plural and vice versa. The word
"shall" is always mandatory.
6102 11-25-75
§ 61-2 PROPERTY MAINTENANCE § 61-3
TOWN — All areas within the Town of Mamaroneck,
exclusive of areas wholly within any incorporated village.
PERSON — A natural person or persons, corporations,
copartnerships, unincorporated associations, or any other
organizations of two (2) or more persons who is or are the
owner or owners, mortgagee or vendee in possession,
• assignee of rents, receiver, executor, trustee, lessee or
agent directly or indirectly in control of a building within
the confines of the town, as defined aforesaid.
§ 61-3. Standards.
A. Open areas.
(1) Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to
prevent the development of stagnant ponds.
(2) No shopping baskets, carts or wagons shall be left
unattended or standing, and the said baskets, carts or
wagons shall be regularly collected and removed to the
interior of the building or buildings from which they
were taken by the person responsible for the said
building or buildings.
(3) All fences shall be maintained by the person
responsible for the property. Such maintenance shall
include, but not be limited to, the replacement and/or
repair of fences which may become in disrepair.
(4) All landscaping shall be well maintained so that
lawns, hedges,bushes and trees shall be kept trimmed
and free from becoming overgrown and unsightly
where exposed to public view and where the same may
® constitute a blighting factor thereby depreciating
adjoining property. Such maintenance shall include,
but not be limited to, the replacement of trees and
shrubs which may die and/or otherwise be destroyed.
(5) All recharge stormwater basins shall be maintained by
the person responsible for the property. Such main-
tenance shall include, but not be limited to:
6103 4-25-72
§ 61-3 MAMARONECK CODE § 61-3
(a) The cleaning of storm sewers and other drainage
appurtenances serving the said basin so that the
said installations function as designed.
(c) The removal of any garbage, rubbish, silt, topsoil
or other foreign material which creates an un-
sanitary condition or prevents or impedes the
leaching action of the said basin.
111
(6) Steps, walks, driveways, parking spaces and similar
paved areas shall be maintained so as to afford safe
passage under normal use and weather conditions.
Any holes or other hazards that may exist shall be
filled, or necessary repairs or replacement carried out.
All off-street parking facilities shall be swept at least
twice a year.
(7) Yards, courts and vacant lots shall be kept clean and
free of physical hazards, rodent harborage and in-
festation. They shall be maintained in a manner that
will prevent rubbish from being blown about the
neighborhood. Open wells, cesspools or cisterns shall
be securely closed or barricaded from access to the
public.
(8) All permanent signs exposed to public view shall be
maintained in good repair. Excessively weathered or
faded signs shall be removed or put into a good state
of repair. All nonoperative or broken electrical signs
shall be repaired or removed. All temporary signs
except "For Rent" signs shall be removed at the
expiration of the event or sale for which it is erected or
within sixty (60) days after erection, whichever shall
occur sooner.
(9) No person shall deposit, throw or scatter, or suffer, •
permit or allow the accumulation of any filth, dirt,
ashes, junk, garbage, wastepaper, dust, rubbish,
sticks, stones, grass, wood, leaves, paper or paper
boxes, iron, tin, nails, bottles or glass of any kind, old
cars and parts thereof, or any other kind of rubbish or
waste material, upon any sidewalk, highway or public
6104 4-25-72
§ 61-3 PROPERTY MAINTENANCE § 61-3
place, or upon any vacant or improved lot, piece or
parcel of ground abutting upon any sidewalk, highway
or public place, or upon any private property within
the town, except in accordance with the provisions of
the Garbage and Refuse Ordinance of the Town of
Mamaroneck.'
B. Buildings and structures.
• (1) All exterior exposed surfaces not inherently resistant
to deterioration shall be repaired, coated, treated or
sealed to protect them from deterioration or
weathering.
(2) Floors, walls, ceilings, stairs, furnishings and fixtures
of buildings shall be maintained in a clean, safe and
sanitary condition. Every floor, exterior wall, roof and
porch, or appurtenance thereto, shall be maintained in
a manner so as to prevent collapse of the same or
injury to the occupants of the building or to the public.
(3) The foundation walls of every building shall be
maintained in good repair and be structurally sound.
(4) Exterior walls (including doors and windows), roofs
and the areas around doors, windows, chimneys and
other parts of a building, shall be so maintained as to
keep water from entering the building and to prevent
undue heat loss from occupied areas. Materials which
have been damaged or show evidence of dry rot or
other deterioration shall be repaired or replaced and
refinished in a workmanlike manner. Exterior walls,
roofs and other parts of the building shall be free from
loose and unsecured objects and material. Such ob-
jects or materials shall be removed, repaired or
• replaced.
(5) The owner of a vacated building shall take such steps
and perform such acts as may be required of him from
time to time to ensure that the building and its ad-
joining yards remain safe and secure and do not
present a hazard to adjoining property or to the
public.
' Editor's Note: See Ch. 30, Garbage and Rubbish.
6105 11-25-75
§ 61-3 MAMARONECK CODE § 61-7
(6) Buildings and structures shall be maintained free of
insect, vermin and rodent harborage and infestation.
The methods used for exterminating insects, vermin
and rodents shall conform to generally accepted
practice.
§ 61-4. Penalties for offenses.
A. Any person violating any provisions of this local law shall •
be guilty of an offense punishable by fine or imprisonment,
or both; however, for the purpose of confirming
jurisdiction upon courts and judicial officers, such
violation shall be deemed a misdemeanor and, for such
purpose only, all provisions of law relating to
misdemeanors shall apply to such violations. In lieu of the
foregoing, any person violating any provisions of this local
law shall be subject to a penalty in the sum of not more
than fifty dollars ($50.) for the first violation and in a sum
of not more than one hundred dollars ($100.) for sub-
sequent violations, said penalties to be recovered in a civil
action in the name of the Town of Mamaroneck.
B. Each and every day of violation is to be considered a
separate violation under this Property Maintenance Law
and, therefore, subjects the offender to a separate penalty
for each and every day. [Added 2-6-74]
§ 61-5. Enforcement.
This local law shall be enforced by the designated Building
Official of the town or by deputies whom the said Building Official
designates for this purpose.
§ 61-6. Severability. •
The invalidity of any section or provision of this local law shall
not invalidate any other section or provision thereof.
§ 61-7. When effective.
This local law shall become effective immediately.
6106 11-25-75
§ 61-8 PROPERTY MAINTENANCE § 61-8
§ 61-8. Heating of occupied buildings and potable water.
[Added 1-2-74 by L.L. No. 1, 1974]
A. Every owner, operator or person who shall have contracted
or undertaken to heat or to furnish heat for any building or
portion thereof, or has a business establishment where one
(1) or more persons are employed to heat or furnish heat for
every occupied room in such building, or portion thereof, so
• that a minimum air temperature of sixty-eight degrees
Fahrenheit (68° F.) shall be maintained therein between
the hours of 6:00 a.m. and 11:00 p.m. and not less than
sixty degrees Fahrenheit (60° F.) between the hours of
11:00 p.m. and 6:00 a.m., whenever the outer or street
temperature shall fall below fifty degrees Fahrenheit (50°
F.). Potable water heating equipment shall be maintained
to supply sufficient domestic hot water at adequate
pressure to each hot water plumbing outlet at a minimum
temperature range of one hundred thirty degrees to one
hundred forty degrees Fahrenheit (130° to 140° F.) at all
times.
(1) This section shall not apply where the failure to
maintain the minimum requirement is caused by a
general shortage of fuel, negligent or malicious act of
the occupant, necessary repairs or alterations, or any
cause beyond the control of the owner or occupant.
(2) The term "air temperature" shall mean a temperature
of the atmosphere obtained at the approximate center
line of any interior wall at a distance of forty-eight (48)
inches above the average floor level of the room.
(3) This section shall not apply to buildings or portions
thereof used and occupied for trades, businesses or
occupations where high or low air temperatures are
• essential and unavoidable.
B. No person shall cause any service facility, equipment or
utility which is required to be supplied by the provisions of
this code to be removed or shut off from or discontinued for
any occupied dwelling unit, except for necessary repairs,
alterations or emergencies.
6107 11-25-75
® § 62-1 PUBLIC TRANSPORTATION § 62-1
Chapter 62
PUBLIC TRANSPORTATION'
§ 62-1. Consent of town and certificate required.
® § 62-2. Application; data required.
§ 62-3. Public hearing.
§ 62-4. Issuance of consent of town.
§ 62-5. Issuance of license; bond.
§ 62-6. Compliance with operating regulations.
§ 62-7. License fees.
§ 62-8. Display of shield.
§ 62-9. Violations and penalties.•
§ 62-10. Exclusion of taxicabs.
§ 62-11. When effective.
[HISTORY: Adopted by the Town Board of the Town
of Mamaroneck 4-19-22.]
§ 62-1. Consent of town and certificate required.
No bus line, stage route, cab,s motor vehicle line or route,
nor any vehicles in connection therewith nor any vehicle carry-
® ing passengers at a rate of fare of fifteen cents ($0.15) or less
for each passenger, within the unincorporated limits of the
1 Editor's Note: For additional regulations concerning public transportation,
see Ch. 55, Parks, § 55-22.
2 Editor's Note: For additional regulations concerning taxicabs, see Ch. 41,
Licensed Occupations; and Ch. 75, Taxis.
3 Editor's Note: For additional regulations concerning vehicles, see Ch. 81,
Vehicle and Traffic.
6201
•
§ 62-1 MAMARONECK CODE § 62-3
Town of Mamaroneck or in competition with another common
carrier which is required by law to obtain the consent of the
Town Board to operate over the streets4 thereof, shall be oper-
ated wholly or partly upon or along any street, avenue or
public place in said unincorporated portion of said Town of
Mamaroneck until the owner or owers thereof shall have pro-
cured the consent of the Town Board of said Town of Mamaro-
neck to such operation as herein provided, and until the owner •
or owners thereof shall have procured a certificate of public
convenience and necessity from the Public Service Commission
as required by Sections 25 and 26 of the Transportation Cor-
porations Law of the State of New York.
§ 62-2. Application; data required.
Any person, firm, association of persons or corporation
desiring to carry on the business mentioned and defined in and
by the preceding section shall file a written application with the
Town Clerk of said Town of Mamaroneck, directed to the Town •
Board of said town, showing the streets, public places. and
route or routes over and upon which it is intended to operate,
together with a statement containing the operating schedule or
headway to be maintained, the number of cars or vehicles to
be operated and the seating capacity of each bus or cab or
other motor vehicle intended to be used for the transportation of
passengers, and the rate of tariff of fares to be charged for
such service, and shall also cause said application to be pub-
lished at his expense at least once in a newspaper published
within said town, to be designated by the Town Clerk.
§ 62-3. Public hearing.
After the application shall have been published as prescribed
in § 62-2 hereof and proof thereof shall have been filed with
4 Editor's Note: For additional regulations concerning streets, see Ch.73, Streets
and Sidewalks.
6202
•
•
§ 62-3 PUBLIC TRANSPORTATION § 62-5
the Town Clerk, the Town Clerk shall present said application
to the Town Board of said town at its next regular or special
meeting. The Town Board shall thereupon have a public
hearing and may, in their discretion, approve, modify and ap-
prove as modified, or disapprove, such application, and any or
all such routes, operating schedule or headway or the proposed
• rate of tariff.
§ 62-4. Issuance of consent of town.
Upon the approval of such application, either in its original
form or as modified, the Supervisor of said town shall issue a
certificate of consent certifying that the applicant has received
the consent of the Town Board of said town to such operation.
Such consent, however, shall not be operative unless the ap-
plicant is granted by the Public Service Commission a certificate
of public necessity and convenience as provided by Sections 25
• and 26 of the Transportation Corporations Law and otherwise
complies with the provisions of this ordinance hereinafter set
forth.
§ 62-5. Issuance of license; bond.
Upon the filing with the Town Clerk of a certified copy of
a certificate of convenience and necessity- duly issued to the
applicant by the Public Service Commission as provided by the
preceding section, the Supervisor of said town shall issue to
said applicant a license authorizing the operation of such bus
• line or route or routes, provided the applicant pays to the •
Supervisor the fee hereinafter provided and provided further
the said applicant files with the Town Clerk a surety company
bond in the penal sum of ten thousand dollars ($10,000.) for
each bus, car or vehicle, which shall provide for the prompt
payment of any sum accruing to the Town of Mamaroneck for
6203
•
§ 62-5 MAMARONECK CODE § 62-6
any and all claims which may arise in any way whatsoever from
the operation of the aforesaid bus, car or other vehicle and
guaranteeing the faithful performance of all terms, conditions
and obligations under which such consent or license is issued,
and also, a liability policy of fifty thousand dollars ($50,000.)
having the effect of paying any judgment or judgments re-
coverable against the owner or owners of said bus or motor •
vehicle or against any of its, his or their employees or agents
by any person on account of the operation of such bus, car or
other vehicle either in or upon the streets or route specified in
the consent or license, or upon any other street or streets or
highway within said town. Such bond and policy shall be
approved by the Counsel of the Town Board as to form and
sufficiency of surety. Every license shall be issued as of
January 2 and shall expire on December 31 next succeeding
and shall contain a statement of the period for which it is
issued, which shall not exceed one (1) year. Each license shall
specify the number of cars or vehicles to be operated and the
seating capacity of each car and shall provide that the ap-
plicant shall and will obey all laws of the State of New York
and all ordinances of the Town of Mamaroneck regulating traffic
upon the public streets of said town, and shall not exceed the
seating capacity of each car or vehicle than that stated in the
application, and that in case of a violation thereof or in the
event of failure on the part of the applicant, his or its agents
or employees to operate such car or vehicle over the route ac-
cording to the schedule or accord'ng to the tariff mentioned in
the application in its original form or as modified by the. Town
Board, the Supervisor may revoke such license forthwith with-
out notice.
•
§ 62-6. Compliance with operating regulations.
Such bus, car or vehicle operated under such license shall be
subject to all reasonable regulations of the Police Commissioners
6204
§ 62-6 PUBLIC TRANSPORTATION § 62-9
of said town, and for failure to obey any such reasonable.. reg-
ulations, the Supervisor may revoke such license without notice.
§ 62-7. License fees.
• The license fees for the operation of bus, car or other motor
vehicle within the said town shall be as follows:
A. For each bus or other motor vehicle having a seating
capacity of not more than ten (10) passengers, one hun-
dred dollars ($100.).
B. For each bus or other motor vehicle having a seating
capacity of not more than twenty ('20) passengers!, two
hundred fifty dollars ($250.).
C. For each bus or other motor vehicle having a seating of
more than twenty (20) passengers, three hundred fifty
dollars ($350.).
§ 62-8. Display of shield.
Every person shall, while driving or operating a bus or other
motor vehicle, wear conspicuously on his outer garment a shield
bearing his license number.
•
§ 62-9. Violations and penalties.
Any person or corporation violating any of the provisions: or
sections of this ordinance or any part thereof shall be deemed
guilty of a misdemeanor.
6205
§ 62-10 MAMARONECK CODE § 62-11
§ 62-10. Exclusion of taxicabs.
The provisions of this ordinance shall not apply to the opera-
tion of taxicabs.
§ 62-11. When effective. •
This ordinance shall take effect ten (10) days after the date
of the publication and posting thereof as required by law.
1110
6206
§ 63-1 RECORDS, PUBLIC ACCESS TO § 63-1
Chapter 63
RECORDS, PUBLIC ACCESS TO
§ 63-1. Purpose and scope.
•
§ 63-2. Records access officer.
§ 63-3. Location of records.
§ 63-4. Hours for public inspection.
§ 63-5. Requests for public access to records.
§ 63-6. Subject matter list; removal or copying of records.
§ 63-7. Denial of access to records.
§ 63-8. Fees.
§ 63-9. Public notice.
§ 63-10. Severability.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-5-75 by resolution; amended in its entirety 3-1-78
by resolution. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Environmental impact records— See Ch. 23, § 23-21.
• § 63-1. Purpose and scope.
A. The people's right to know the process of government
decision making and the documents and statistics leading
to determinations is basic to our society. Access to such
information should not be thwarted by shrouding it with
the cloak of secrecy or confidentiality.
6301 8-25-79
§ 63-1 MAMARONECK CODE § 63-2
B. These regulations provide information concerning the
procedures by which records may be obtained from a
department or agency as defined by Subdivision 3 of § 86
of the Public Officers Law.
C. Personnel shall furnish to the public the information and
records required by the Freedom of Information Law and
those which were furnished to the public prior to its •
enactment.
D. Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible
availability of public records.
§ 63-2. Records access officer.
A. The Supervisor of the town is responsible for ensuring
compliance with the regulations herein and designates the
following person as records access officer:
Town Clerk
740 West Boston Post Road
Mamaroneck, New York 10543
698-8300
B. The records access officer (Town Clerk) will receive all
applications and is responsible for directing requests to the
appropriate department head. Officials who have been
authorized customarily to make information or records
available may be approached directly.
C. The Town Clerk shall assure that department heads:
(1) Maintain an up-to-date subject matter list.
•
(2) Assist the requester in identifying requested records,
if necessary.
(3) Upon locating the records, take one (1) of the following
actions:
(a) Make records available for inspection; or
6302 8-25-79
§ 63-2 RECORDS, PUBLIC ACCESS TO § 63-5
(b) Deny access to the records in whole or in part and
explain in writing the reasons therefor.
(4) Upon request for copies of records:
(a) Make a copy available upon payment or offer to
pay established fees, if any; or
• (b) Permit the requester to copy those records.
(5) Upon request, certify that a record is a true copy.
(6) Upon failure to locate records, certify that:
(a) The department is not the custodian for such
records; or
(b) The records of which the department is a
custodian, after diligent search, cannot be found.
§ 63-3. Location of records.
Records shall be available for public inspection and copying at:
Town Offices
740 West Boston Post Road
Mamaroneck, New York 10543
698-8300
§ 63-4. Hours for public inspection.
Requests for public access to records shall be accepted and
records produced on regular business days at the town offices.
• § 63-5. Requests for public access to records.
A. Where a request for records is required, such request may
be oral or in writing. However, written requests shall not
be required for records that have been customarily
available without written request.
6303 8-25-79
§ 63-5 MAMARONECK CODE § 63-6
B. Response.
(1) Officials shall respond to a request for records no
more than five (5) business days after receipt of the
request,whether the request is oral or in writing.
(2) If, because of extraordinary circumstances, more than
five (5) business days are required to respond to a •
request, receipt of the request shall be acknowledged
within five (5) business days after the request is
received. The acknowledgment shall state the reason
for delay and estimate the date when a reply will be
made. If access to records is neither granted nor
denied within ten (10) business days after the date of
acknowledgment of receipt of a request, the request
may be construed as a denial of access that may be
appealed.
C. A request for access to records should be sufficiently
detailed to identify the records. Where possible, the
requester should supply information regarding dates, file
designations or other information which may help identify
the records sought.
§ 63-6. Subject matter list; removal or copying of records.
A. Origination and updating of list.
(1) A current list, by subject matter, of all records
produced, filed or first kept or promulgated after
September 1, 1974, shall be available for public in-
spection and copying.' The list shall be sufficiently
detailed to permit the requester to identify the file
category of the records sought.
(2) The subject matter list shall be updated periodically •
and the date of the most recent updating shall appear
on the first page. The updating of the subject matter
list shall not be less than semiannual.
B. No records may be removed by the requester from the
office where the record is located. If the requested record
' Editor's Note: A list of records available for public inspection,originally attached
to the resolution adopting this chapter,is on file in the office of the Town Clerk.
6304 8-25-79
§ 63-6 RECORDS, PUBLIC ACCESS TO § 63-7
cannot be copied in the office and must be sent out for
copying, the department head must make the necessary
arrangements.
§ 63-7. Denial of access to records.
A. The Supervisor shall hear appeals or shall designate a
person or body to hear appeals regarding denial of access to
records under the Freedom of Information Law.
B. Denial of access shall be in writing stating the reason
therefor and advising the person denied access of his or her
right to appeal to the person or body established to hear
appeals, and that person or body shall be identified by
name, title, business address and business telephone
number. The records access officer shall not be the appeals
officer.
C. If an agency fails to respond to a request within five (5)
business days of receipt of a request as required, such
failure shall be deemed a denial of access by the agency.
D. Any person denied access to records may appeal within
thirty (30) days of a denial.
E. The time for deciding an appeal by the individual or body
designated to hear appeals shall commence upon receipt of
written appeal identifying:
(1) The date and location of a request for records;
(2) The records that were denied; and
(3) The name and return address of the appellant.
F. The agency shall transmit to the Committee on Public
• Access to Records copies of all appeals upon receipt of an
appeal. Such copies shall be addressed to:
Committee on Public Access to Records
Department of State
162 Washington Avenue
Albany. New York 12231
6305 8-25-79
§ 63-7 MAMARONECK CODE § 63-8
G. The person or body designated to hear appeals shall inform
the appellant and the Committee on Public Access to
Records of its determination, in writing, within seven (7)
business days of receipt of an appeal. The determination
shall be transmitted to the Committee on Public Access to
Records in the same manner as set forth in Subsection F of
this section.
H. A final denial of access to a requested record, as provided
for in Subsection G of this section, shall be subject to court
review, as provided for in Article 78 of the Civil Practice
Law and Rules.
§ 63-8. Fees.
A. There shall be no fee charged for:
(1) Inspection of records.
(2) Search for records.
(3) Any certification pursuant to this resolution.
B. Fees for copies shall be charged as follows:
(1) Photo copies, eight and one-half by eleven (81/z x 11)
inches: twenty cents ($0.20) per page.
(2) Photo copies, eight and one-half by thirteen (81/2 x 13)
inches: twenty-five cents ($0.25) per page.
(3) Computer runoff: twenty-five cents ($0.25) per sheet.
(4) Maps, plans or other records. In instances where the
town cannot reproduce the requested material, the
department head or his designee will make all
necessary arrangements but all service reproduction
and mailing charges shall be paid by the requester •
directly to the company that does the work.
15) Town Code: sixty dollars ($60.).
(6) Ordinances: three dollars ($3.).
(7) Local law reprints: twenty-five cents ($0.25) per sheet.
6306 8-25-79
§ 63-9 RECORDS, PUBLIC ACCESS TO § 63-10
§ 63-9. Public notice.
A notice containing the job title or name and business address
of the records access officer; the name,job title, business address
and telephone number of the appeal person or body; and the
location where records are available for viewing and copying shall
be posted in a conspicuous location wherever records are kept
• and/or published in a local newspaper of general circulation.
§ 63-10. Severability.
If any provision of these regulations or the application thereof
to any person or circumstances is adjudged invalid by a court of
competent jurisdiction, such judgment shall not affect or impair
the validity of the other provisions of these regulations or the
application thereof to other persons and circumstances.
6307 8-25-79
SEWER CONNECTIONS
Chapter 64
SEWER CONNECTIONS/
§ 64-1. Compliance required.
® § 64-2. Permit required.
§ 64-3. Applications.
§ 64-4. Supervision and control.
§ 64-5. License requirements.
§ 64-6. License applications; bond.
§ 64-7. Precautions with street openings.
§ 64-8. Protection of pipes.
§ 64-9. Specifications.
§ 64-10. Installation.
§ 64-11. Grades and curves; separate drains.
§ 64-12. Sewer use.
§ 64-13. Notice of construction; approval.
§ 64-14. Right of entry.
§ 64-15. Violations and penalties.
§ 64-16. Interpretation.
§ 64-17. Adoption; when effective.
® [HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 5-17-22.]
I Editor's Note: For subsequent legislation concerning house sewers, see Ch. 60,
Plumbing Code. Additional sewer regulations were adopted by resolution on
4-23-47.
For additional regulations concerning sewers, see Ch. 37, House Trailers,
Trailer Camps and Tourist Camps, § 37-2B; Ch. 60, Plumbing Code, § 60-32; and
Ch. 73, Streets and Sidewalks, § 73-11.
6401
§ 64-1 MAMARONECK CODE § 64-5
§ 64-1. Compliance required.
All sewer house-connection pipes shall be made only in accor-
dance to the following rules, regulations and specifications herein
specified.
§ 64-2. Permit required. •
No connection with or opening into any public sewer shall
be made excepting under and pursuant to a written permit
issued by the Board of Sewer Commissioners of Sewer District
No. 1 of the Town of Mamaroneck.
§ 64-3. Applications.
Applications for permits shall be made in writing to the
Board of Sewer Commissioners, upon regular forms, signed by
the owner or his authorized agent.
§ 64-4. Supervision and control.
All connections with or opening into any public sewer and
the laying of any house connection must be done under the
superintendence of the Board of Sewer Commissioners or of an
inspector, plumber or engineer duly authorized by the Board of
Sewer Commissioners to act for it. The said Board is to have
absolute control of the entire house-sewer connection from the
public sewer to the house.
§ 64-5. License requirements.
Connections with the public sewer may be made by a person
duly licensed by the Board of Sewer Commissioners, after having
obtained written permit therefor; said licensee shall be held
responsible and liable for any injury caused to the Town of
6402
§ 64-5 SEWER CONNECTIONS § 64-8
Mamaroneck and/or the Board of Sewer Commissioners, the
sewer, the public and/or to the public street. After the making
of opening for the purpose of said connections,2 said licensee
shall restore the street and sidewalks to their original condition
and to the satisfaction of said Board of Sewer Commissioners.
• § 64-6. License applications; bond.
Applications for license to do work under these regulations
shall be made in writing, and said application shall be accom-
panied by a bond in form and amount satisfactory to the Board
of Sewer Commissioners, conditioned to indemnify and save
harmless the said Town of Mamaroneck and/or the Board of
Sewer Commissioners of Sewer District No. 1 of the Town of
Mamaroneck from any and or all damages arising from said
connection with the public sewer and/or arising out of said
work performed under said application.
§ 64-7. Precautions with street openings.
In opening any street, the paving or ballast must be removed
with care and kept clean in order to replace same after refilling
trench; gas and water pipes3 are to be protected and trench
guarded and lighted at night; every precaution must be taken
to prevent injury to persons or property during the progress
of the work.
§ 64-8. Protection of pipes.
The ends of all pipe not to be immediately connected to house
• plumbing4 shall be closed with a stoneware cover and cemented
so as to be watertight.
2 Editor's Note: Far additional regulations concerning street openings, see Ch.
73, Streets and Sidewalks.
3 Editor's Note: For additional regulations concerning water pipes, see Ch. 84,
Water; and Ch. 87, Water Control.
4 Editor's Note: For additional regulations concerning plumbing, see Ch. 60,
Plumbing Code.
6403
§ 64-9 MAMARONECK CODE § 64-12
§ 64-9. Specifications.5
The pipe shall be of first-quality, salt-glazed, vitrified sewer
pipe, not less than five (5) inches interior diameter, to the
junction with the house plumbing.
§ 64-10. Installation. •
The house-connection sewer pipes shall be laid carefully and
true to grades. A straightedge must be used to even up the
pipe. Where grades are at the minimum, a level shall be used.
The pipe shall be laid in jute the entire circumference of the
bell and there carefully cemented with portland cement, mixed
one (1) of cement to one (1) of sharp sand; after each joint
is made, the joint is to be wiped on the inside.
§ 64-11. Grades and curves; separate drains.
The minimum grade shall be one-fourth (1/4) of an inch to
the foot. No less inclinations will be allowed except under
special conditions and then only under such grades, precautions
and method's of laying as will be required by the engineer of
the said Board. Curved pipe must be used at every deflection
from a straight line, either horizontal or vertical. Only one (1)
building shall be connected with the public sewer through one
(1) drain, except under special permission of the Board of
Sewer Commissioners.
§ 64-12. Sewer use. •
The connection's are to be made for sewer purposes and cellar
drainage only. No groundwater, cesspool, drain, catch-basin,
gutter, storm-water or leader pipe, cistern or privy vault will
5 Editor's Note: For subsequent legislation concerning sewer specifications, see
Ch. 60, Plumbing Code, §60-99.
6404
§ 64-12 SEWER CONNECTIONS § 64-15
be allowed to connect with said house connections. The pipe
must run continuously from the public sewer to the house, and
be used solely for household wastes and where necessary for
cellar drainage.
§ 64-13. Notice of construction; approval.•
Notice of writing must be given the Board of Sewer Com-
missioners or their authorized agent twenty-four (24) hours
prior to the beginning of any work upon any connections and
only after the granting of the permit, and no material shall be
used until inspected and approved. The cover to the Y-branch
of the sewer shall not be removed or any pipes laid except in
the presence of said agent.
§ 64-14. Right of entry.
The Board of Sewer Commissioners or its agents or employees
shall have the right to enter in and upon the premises or
property connected or supposed to be connected, at any and
all times to make examinations and tests to determine whether
the leaders conveying roof or rain water are connected, either
directly or indirectly, with said sewer, and also to ascertain
whether any of these rules and regulations are violated.
§ 64-15. Violations and penalties.
It shall be a misdemeanor to do or cause to be done any of
• the following acts, except herein provided. Any and all per-
sons or corporations guilty thereof shall be fined not less than
ten dollars ($10.) or more than fifty dollars ($50.) :
A. To uncover the public sewer for any purpose or make
connection therewith, or to uncover the connection
branches thereof or to open any manhole or flush tank,
6405
§ 64-15 MAMARONECK CODE § 64-16
except with the written consent and under the supervision
of the Board of Sewer Commissioners or their authorized
agent.
B. To throw or deposit, in any vessel or receptacle connected
with a public sewer, any garbage,' vegetable parings,
ashes, cinders, rags or any other matter or thing whatso-
ever, except feces, urine, water-closet paper and liquid •
house slop or to allow any house drain to be connected
with any privy, vault or cesspool or underground water
of filth, except the soil pipes and plumbing work of the
houses or building as hereinbefore provided.
C. To violate any section of the rules and regulations.
§ 64-16. Interpretation.
A. Nothing herein contained shall be deemed to limit or
abridge the power conferred upon the Board of Sewer
Commissioners of Sewer District No. 1 or of this Board,
to make other rules and regulations and ordinances, either
general or particular, so long as such rules and regulations
and ordinances do not conflict with the provisions of any
law, but if such rules and regulations and ordinances
hereafter enacted conflict with or are inconsistent with
the provisions of these regulations, they shall be deemed,
insofar as necessary, to supersede these rules and regula-
tions and this ordinance.
B. These rules and regulations and ordinance shall not be
construed to in any way limit or abridge any highway •
law of the State of New York, or any health ordinance
of the town or the provisions of the Laws of the State
of New York relating to the preservation of public health
applicable to towns.
6 Editor's Note: For additional regulations concerning garbage, see Ch. 30,
Garbage and Rubbish.
6406
§ 64-17 SEWER CONNECTIONS § 64-17
§ 64-17. Adoption; when effective.
A. The foregoing rules and regulations and ordinance is
hereby adopted as a Sewer Ordinance of the Town of
Mamaroneck.
B. This ordinance shall take effect at once.
S
•
6407
Chapter 65
•
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
6501-6599
§ 66-1 SIDEWALK CONSTRUCTION § 66-1
Chapter 66
SIDEWALK CONSTRUCTION/
Local Law
• No. 1
1968
A LOCAL LAW DIRECTING THE CONSTRUCTION
OF SIDEWALKS IN THE TOWN OF MAMARONECK
§ 66-1. Consent required for sidewalks on county, state roads;
maintenance and repair.
§ 66-2. Definitions.
§ 66-3. Separability.
§ 66-4. Supersession of Section 151 of Highway Law.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 3-20-68 as Local Law No. 1, 1968. Amendments
noted where applicable.]
Be it enacted by the Town Board of the Town of
Mamaroneck:
§ 66-1. Consent required for sidewalks on county, state roads;
maintenance and repair.
The Town Board of the Town of Mamaroneck may, by resolu-
tion, direct the Town Superintendent to construct a sidewalk
along a described portion of any county road or state highway
in the manner and not exceeding an expense to be specified in
1 Editor's Note: See also, Ch. 7S, Streets and Sidewalks.
6601
12-25-69
§ 66-1 MAMARONECK CODE § 66-2
the resolution, and the expense of constructing such sidewalk
shall be a town charge, and shall be paid in the same manner
as other town charges.
No such sidewalks shall be built along any state highway
until the State Superintendent of Public Works shall have given
his consent thereto, pursuant to Section 54 of the Highway Law,
and no such sidewalk shall be built along any county road •
until the County Superintendent of Highways shall have given
his consent thereto, pursuant to Section 136 of the Highway
Law.
Nothing herein contained shall prevent the Town Board from
requiring the maintenance and repair of such sidewalks and
the removal of snow therefrom by the owners or occupants of
property adjacent thereto as may be required by the provisions
of any town ordinance adopted pursuant to the provisions of
Article 9 of the Town Law.2
§ 66-2. Definitions.
Unless otherwise expressly stated, wherever used in this law,
the following terms shall be deemed to mean:
STATE HIGHWAY — Shall mean those highways con-
structed or improved under the Highway Law at the sole
expense of the state, including the highways specified
and described in Sections 340 and 341 of the Highway
Law and Acts amendatory thereof, including the high-
ways heretofore classified or referred to as county high-
ways elsewhere in the Highway Law and heretofore con-
structed or improved at the joint expense of state, county
and town, or state and county, as heretofore provided
by law.
t Editor's Note: See also Ch. 69, Snow and Ice Removal.
6602
12-25-69
§ 66-2 SIDEWALK CONSTRUCTION § 66-4
COUNTY ROADS — Shall mean those roads constructed,
improved, maintained and repaired under Article 6 of
the Highway Law, and roads constructed or improved
under a general or special law which are maintained by
the county.
TOWN HIGHWAY — Shall mean those highways con-
• structed, improved or maintained by the town with the
aid of the state or county, under the provisions of the
Highway Law, including all highways in towns, outside
of incorporated villages constituting separate road dis-
tricts which do not belong to either of the two (2) pre-
ceding classes.
TOWN — Is the unincorporated section of the Town of
1VIamaroneck.
TOWN SUPERINTENDENT — Shall mean the Town
Superintendent of Highways.
§ 66-3. Separability.
If any section, subsection, sentence, clause, phrase or portion
of this local law is for any reason held invalid or unconstitu-
tional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining
portions hereof.
§ 66-4. Supersession of Section 151 of Highway Law.
This local la'cs supersedes the provisions of Section 151 of the
Highway Law as it relates to the construction and maintenance
of sidewalks along county roads and state highways as they
apply to the Town of Mamaroneck, Westchester County, State
of New York.
6603
12-25-69
SITE PLAN REVIEW
Chapter 66A
SITE PLAN REVIEW
Local Law
No. 3
1984
A LOCAL LAW ENTITLED"SITE PLAN APPROVAL"
§ 66A-1. Title.
§ 66A-2. Purpose.
§ 66A-3. Definitions.
§ 66A-4. Approving agency designated.
§ 66A-5. Standards.
§ 66A-6. Approval required for issuance of permits.
§ 66A-7. Exceptions.
§ 66A-8. Application procedure.
§ 66A-9. Integration of other procedures.
§ 66A-10. Filing of approved site plan.
§ 66A-11. Fees.
§ 66A-12. Performance guaranty.
§ 66A-13. Penalties for offenses.
§ 66A-14. Waiver of requirements.
• § 66A-15. Severability.
§ 66A-16. When effective.
[HISTORY: Adopted by the Town Board of the Town of Ma-
maroneck 8-8-84 as Local Law No. 3, 1984. Amendments noted
where applicable.]
66A01 11-25-85
§ 66A-1 MAMARONECK CODE § 66A-4
GENERAL REFERENCES
Building Code—See Ch.14.
Fire Prevention Code—See Ch.27.
Flood damage prevention—See Ch.28.
Sewer connections—See Ch.64.
Streets and sidewalks—See Ch.73.
Zoning—See Ch.89.
Subdivision plats—See Appendix,Part I.
Be it enacted by the Town Board of the Town of Mamaroneck, as
•
follows:
§ 66A-1. Title.
This local law shall be known as the "Site Plan Approval Law of
the Town of Mamaroneck."
§ 66A-2. Purpose.
In order to ensure that proposed development and use of land with-
in the unincorporated area of the Town of Mamaroneck will have a
harmonious relationship with the existing or permitted use of con-
tiguous land and of adjacent neighborhoods and so to ensure that the
health, safety, welfare, comfort and convenience of the public is fully
considered, this local law is hereby enacted.
§ 66A-3. Definitions.
As used in this local law the following terms shall have the mean-
ing indicated:
SITE PLAN — A plan which shows the proposed develop-
ment and use of land within the unincorporated portion of the
Town of Mamaroneck. Such plan shall consist of a map af-
firmatively demonstrating compliance with and adequate pro-
vision for all of the criteria, matters and items listed in this
local law.
§ 66A-4. Approving agency designated.
The approving agencies for site plans and all amendments to and
modifications thereof shall be as follows: Pursuant to § 274-a of the
66A02 11.25-85
§ 66A-4 SITE PLAN REVIEW § 66A-5
Town Law, the Town Board hereby delegates to the Planning Board
the approval authority for all site plan applications.
§ 66A-5. Standards.
In acting on any site plan application, the Planning Board, in addi-
tion to all other applicable laws, is hereby granted the powers set
forth in § 274-a Subdivision la of the Town Law of the State of New
York, and shall consider the standards set forth therein in granting
site plan approval. The approving agency shall also take into consid-
eration the following standards:
A. Traffic access and roads. All proposed traffic access points
and roads shall be adequate but not excessive in number,
adequate in width, paving, grade, alignment and visibility,
and not located too near street corners or other places of pub-
lic assembly. Necessary traffic signalization, signs, dividers
and other safety controls, devices and facilities shall be given
proper consideration and duly provided wherever appro-
priate or warranted.
B. Pedestrian safety and access. Safe, adequate and convenient
pedestrian access and circulation shall be provided both with-
in the site and to adjacent streets, with particular attention to
all intersections with vehicular traffic.
C. Circulation and parking. Off-street parking and loading
spaces shall be arranged with consideration given to their lo-
cation, sufficiency and appearance and to prevent parking in
public streets of vehicles of persons connected with or visiting
the use. The interior circulation system shall be adequate to
provide safe accessibility to, from and within all required off-
street parking areas.
• D. Screening and landscaping. All structures, recreational,
parking, loading, public and other service areas shall be rea-
sonably landscaped and/or screened so as to provide adequate
visual and noise buffers in all seasons from neighboring lands
and streets. The scale and quality of the landscaping and
screening on site shall be harmonious with the character of
and serve to enhance the neighborhood.
66A03 11-25-85
§ 66A-5 MAMARONECK CODE § 66A-5
E. Environmental quality. All bodies of water, wetlands, steep
slopes, hilltops, ridgelines, major stands of trees, outstanding
natural topography, significant geological features and other
areas of scenic, ecological and historic value shall be pre-
served insofar as possible; soil erosion shall be prevented in-
sofar as possible;flood hazard shall be minimized; air quality
shall be well within legal limits; and all potentially ecological-
ly disruptive elements of site preparation, such as blasting,
diversion of watercourses and the like shall be conducted ac-
cording to the highest standards of professional care.
F. Fire protection. All proposed structures, service areas, fire
lanes, hydrants, equipment and material shall be adequate
and readily accessible for the protection of the proposed uses
from fire.
G. Drainage. A storm drainage system which demonstrates af-
firmative compliance with the form, scope and substance of
all applicable design criteria shall be provided to accommo-
date expected loads from the tributary watershed when devel-
oped to the maximum density permitted under the existing
zoning standards. Drainage shall be conducted to a point of
adequate and suitable disposal. Where appropriate, retention
shall be provided so as to limit overflow from the site to zero
(0) increase in the rate of runoff as related to existing condi-
tions.
H. Refuse and sewage disposal. The public and/or private dispo-
sal systems shall be sufficient to safely and adequately handle
the type and volume of refuse and sewage which can reason-
ably be anticipated to be generated by the land uses on-site.
I. Water supply. The public and/or private delivery systems for
bringing potable water to each of the uses on site shall be
shown to be sufficient.
J. Location and dimension of buildings. The location, arrange-
ment, size and design of the buildings, lighting and signs
shall be compatible to each other and with the site as a whole.
At a minimum, a distance equal to the average height of the
principal buildings on the site at the point where said build-
ings are most closely proximate to each other shall be pro-
66A04 11-25-85
§ 66A-5 SITE PLAN REVIEW § 66A-7
vided between all buildings on the site unless, in the opinion
of the approving agency, compelling considerations of topo-
graphy or design dictate otherwise.
K. Impact of the proposed use on adjacent land uses. Adjacent
and neighboring properties shall be protected against noise,
glare, unsightliness or other objectionable features. Where a
• proposed use is a nonresidential use which would adjoin resi-
dential areas, special consideration shall be given by the ap-
proving agency to minimizing the impact of the proposed use
on the residential properties.
§ 66A-6. Approval required for issuance of permits.
A. No building permit shall be issued until site plan approval
shall have been obtained from the approving agency.
B. No certificate of occupancy for any structure or use upon or
within the site shall be issued until all of the required condi-
tions of the site plan approval have been met. The continued
validity of any certificate of occupancy shall be subject to con-
tinued conformance with the approved site plan and condi-
tions attached thereto.
C. Any amendment of a site plan shall be subject to the same
approval procedure as provided in this local law except
where a waiver pursuant to§§ 66A-8E and F, or 66A-14 here-
in has been granted.
§ 66A-7. Exceptions.
The provisions of this local law shall not apply in any of the follow-
ing instances:
• A. A single one-family dwelling which is not part of a staged
development.
B. A single two-family dwelling which is not part of a staged
development.
C. All alterations to existing buildings or structures, whether or
not there shall be a change of use which is permitted within
66A05 I I-25-85
§ 66A-7 MAMARONECK CODE § 66A-8
the zoning district, provided that the Building Inspector and
the Town Engineer make a written finding that the altera-
tion will not substantially intensify the use or substantially
modify the site with respect to generation of traffic, pedestri-
an movement, parking needs, noise, glare, exposure to hazard
from fire or flood, utilization of water supply, sanitary sewer,
drainage or other utility system, and will not, in any other
way, have a substantial impact upon the character or envi- •
ronment of the surrounding area, and provided further that,
if such written finding is not made, the application shall be
referred to the approving agency for site plan review.
§ 66A-8. Application procedure.
A. The application procedure for site plan approval shall involve
a three-stage process: a presubmission conference, site plan
application, and public hearing by the Planning Board. The
Planning Board may adopt such rules and regulations as may
be required to implement the application procedure.
B. Presubmission conference.
(1) Prior to the submission of a site plan application, the ap-
plicant shall meet in person with the Planning Board
and with the Building Inspector. The purpose of such
conference shall be to discuss proposed uses or develop-
ment in order that the necessary subsequent steps may
be undertaken with a clear understanding of the approv-
ing agency's requirements in matters relating to site
development.
(2) Because all applications for site plan approval must
comply with this local law, any application requiring a
variance or special permit must show that such variance
or special permit has been granted(or where permitted,
that such special permit application is being simultane-
ously submitted to the approving agency) by the ap-
propriate agency prior to the filing of the site plan appli-
cation with the Secretary to the Planning Board.
66A06 11-25-85
§ 66A-8 SITE PLAN REVIEW § 66A-8
C. Application for site plan approval.
(1) Within six (6) months of the presubmission conference,
sixteen(16)copies of the application for site plan approv-
al shall be filed with the Secretary to the Planning
Board accompanied by a detailed development plan pre-
pared by a licensed architect or professional engineer
• under his professional seal, provided on a certified sur-
vey of the site, which shall be prepared by a licensed
surveyor, which plan shall contain the information speci-
fied below.
(a) A map showing the applicant's entire property and
adjacent properties (including all improvements
thereon)and streets, within a radius of five hundred
(500)feet from the perimeter of the site, at a scale of
not more than fifty (50) feet to the inch, and any
relevant deed restrictions or covenants pursuant to
the deed, lease, mortgage or any other document
where such restrictions or covenants affect the use
of the land, shall also be noted. A deed of ownership
shall be submitted. If the applicant for site plan ap-
proval is not the present owner of the property, then
a letter shall be submitted by the owner of the
property consenting to the application for site plan
approval.
(b) The proposed use, location, height and design of all
existing and proposed buildings and structures not
designated for demolition or removal, including front
elevations.
(c) Any proposed division of buildings and structures.
(d) Any proposed division of any building into units of
• separate occupancy.
(e) The proposed spatial arrangement of land uses.
(f) Existing topography and proposed grade elevations
at intervals of two(2)feet or less.
66A07 II-25-85
§ 66A-8 MAMARONECK CODE § 66A-8
(g) Location of all existing watercourses, intermittent
streams, wetland areas, rock outcrops, wooded areas
and other significant existing features.
(h) The general configuration of all existing and pro-
posed public and private roads, drives and walk-
ways.
(i) Proposed final grades, including detailed informa-
tion relative to methods to be used to retain, stabi-
lize and/or refurbish regraded areas.
(j) Location of all parking and truck loading areas
with access and egress drives thereto.
(k) Location of traffic safety devices and directional
flow of traffic.
(1) Location of any outdoor storage.
(m) Location and description of all existing and pro-
posed site improvements, including but not limited
to drainage pipes, drains, culverts, ditches, bridges
or other drainage works, retaining walls and medi-
ans, dividers and fences. Drainage information shall
be provided by a licensed professional engineer,
furnished under his seal.
(n) Location of all proposed and existing easements.
(o) Location of any special and/or zoning district lines.
(p) Description of method of water supply and sewage
and garbage disposal and location of such facilities.
(q) Location, height and size of all signs.
(r) Location, height, quality and design of all landscap-
ing and buffer areas.
(s) Location, height and design of lighting, power and
communication facilities.
(t) Letters or permits from other agencies having ju-
risdiction as to their comments on the site develop-
ment plan, as well as a certification from the Build-
66A08 11-25-85
•
§ 66A-8 SITE PLAN REVIEW § 66A-8
ing Inspector of the Town of Mamaroneck that the
proposed site plan or amendment meets all re-
quirements of the Zoning Ordinance of the Town of
Mamaroneck,' or if it fails to meet all such re-
quirements, those variances which would be neces-
sary in order for the applicant to obtain a building
permit.
• (u) Location of fire and other emergency zones, includ-
ing the location of fire hydrants.
(v) Location, height, design and direction of all exterior
and rooftop structures and facilities, including the
placement of noise baffles and appropriate screen-
ing, provided that all are in accordance with the
provisions of the Zoning Ordinance of the Town of
Mamaroneck, § 89-45 and such other provisions of
law as may be applicable.
(w) The proposed location and design of all parking and
access facilities as are required for the handicapped
• pursuant to the New York State Building Code.
(x) A list of all property owners within a three-hun-
dred-foot radius of the perimeter of the property
which is the subject of the application, along with
their mailing addresses as are recorded in the As-
sessor's office of the Town of Mamaroneck, with a
certification by the person preparing said list that
he or she has compared the list to the records main-
tained in the Assessor's Office of the Town of Ma-
maroneck and that they are accurate and contain
the names and addresses of all property owners
within three hundred (300) feet of the perimeter of
• the subject property.
(y) Any other pertinent information as may be neces-
sary to determine and provide for the proper en-
forcement of this local law as determined by the
approving agency.
Editor's Note: See Ch.89,Zoning.
66A09 i l-25-85
•
§ 66A-8 MAMARONECK CODE § 66A-8
(2) If the site plan indicates a development in stages, a sup-
plementary plan shall be submitted simultaneously with
the proposed site plan, indicating total contemplated
development.
(3) A site plan,following approval by the approving agency,
shall be valid for a period of twenty-four (24) months
from the date of such approval. If there is no substantial •
change in the condition of the site and/or its environs,
site plan approval may be extended by the approving
agency for one(1)additional period of one(1)year.
(4) After approval of a complete site plan, subsequent appli-
cations for alterations which are referred to the approv-
ing agency by the Building Inspector and/or Town En-
gineer in accordance with § 66A-7C herein, need only
contain documents and information which directly relate
to the alteration under consideration. However, the al-
teration will be considered in relation to the entire site
plan as previously approved.
D. Referral. The Planning Board shall forward one (1) copy of
the site plan application to the Town Engineer, the Building
Inspector, the Fire Department, the County Planning De-
partment, the Conservation Advisory Commission, the Traffic
Committee and the State Department of Transportation (if
the site plan shows frontage along a state highway) and other
local, state, county, regional and federal agencies having ju-
risdiction, as well as to any technical consultants that the
Planning Board, in its discretion, deems necessary or appro-
priate for a thorough review of the application.
E. Public hearing.
(1) A public hearing on a site plan application shall be
scheduled and conducted by the Planning Board [unless
such hearing has been waived pursuant to § 66A-8E(2)]
within sixty(60) days after certification to the Planning
Board by the Secretary to the Planning Board, of receipt
of a properly completed application. Public notices shall
be as required by the Town Law of the State of New
66A10 11-25-85
§ 66A-8 SITE PLAN REVIEW § 66A-9
York and to all owners of property within a three-hun-
dred-foot radius of the perimeter of the property which
is the subject of the site plan application.
(2) The Planning Board may, in its discretion, waive the
hearing requirement after having made written findings
setting forth why such waiver is not inconsistent with
• the purpose of this local law.
(3) If the Planning Board fails to waive or to conduct a hear-
ing within sixty(60)days after certification,the applica-
tion shall be deemed to be approved.
F. Action by Planning Board.
(1) Within sixty (60) days of the date of the public hearing
held after the receipt of a properly completed applica-
tion or, where the hearing is waived, within sixty (60)
days after the Planning Board meeting at which the
waiver was granted, the Planning Board shall act to
either approve, disapprove or approve with conditions
the site plan application and shall specify what condi-
tions, if any, are necessary.
(2) Planning Board disapproval shall include written find-
ings.
(3) Approval of amendments to an approved site plan shall
be acted upon in the same manner as an application for
the approval of an original site plan. The fact that a
hearing was held or that it was waived upon the original
application does not predetermine how an amended site
plan application is to be processed. Each application
should be judged on its own merits and by its potential
impacts.
•
§ 66A-9. Integration of other procedures.
Whenever the circumstances of the proposed development require
compliance with this Site Plan Approval Law and with any other
local law, ordinance or requirement of the town, the approving agen-
cy shall, in all cases where it is practicable, attempt to integrate, as
66A11 11-25-85
§ 66A-9 MAMARONECK CODE § 66A-12
appropriate, the site plan review as required by this local law with
the procedural submission requirements of such other local laws, or-
dinances and requirements; provided, however, that such attempt to
integrate such procedures shall not in any way interfere with any of
the requirements of this local law or any other applicable local law,
ordinance or requirement.
§ 66A-10. Filing of approved site plan.
The approved site plan shall be revised by the applicant to include
all conditions imposed by the approving agency. It may then be
signed and dated by the Secretary to the Planning Board. The ap-
proving agency shall submit a signed copy of the approved site plan,
revised as set forth above, to the Building Inspector.
§ 66A-11. Fees.
Every application for site plan approval shall be accompanied by a
fee of three hundred dollars ($300.) plus three dollars ($3.) per each
required off-street parking space to help defray the costs of process-
ing the site plan application. Additionally, should the approving
agency deem it necessary to hire consultants for technical review, the
applicant shall be required to bear the expense not to exceed the total
cost to the town. In addition, if deemed necessary by the approving
agency, the applicant shall be required to bear the costs of on-site
inspection by technical consultants employed by the town.
§ 66A-12. Performance guaranty.
The approving agency may require that public improvements and
landscaping be secured by a performance guaranty in the same
manner prescribed for such improvements in the Town Subdivision
Regulations' and/or through the use of letters of credit approved as
to form by the town's attorney, and as to substance by the approving
agency.
x Editor's Note: See Appendix,Part I,Subdivision Plats.
66Al2 11-25-85
§ 66A-13 SITE PLAN REVIEW § 66A-16
§ 66A-13. Penalties for offenses.
Any violation of this local law shall constitute a violation and be
punishable by a fine of up to two hundred fifty dollars ($250.) for
each such violation, except that the placing of any structure on a
property which requires site plan approval or amendment to a site
plan approval without first obtaining said site plan approval shall be
a misdemeanor punishable by a fine not to exceed one thousand dol-
lars ($1,000.) or imprisonment for a period not to exceed six (6)
months.
§ 66A-14. Waiver of requirements.
Upon a finding by the approving agency that, due to the particular
character or limited nature of a development or change in use, or to
special conditions peculiar to a site, the submission of a preliminary
and/or final site plan or of certain portions of the information nor-
mally required as part of the site development plan is inappropriate
or unnecessary or that strict compliance with said requirements will
cause extraordinary and unnecessary hardship, the approving agen-
cy may vary or waive such submission or requirements wherever, in
the opinion of the approving agency, such variance and waiver will
be consistent with the goal of promoting the public health, safety,
comfort, convenience and general welfare of the community. The
findings for granting such waiver shall become a part of the public
record.
§ 66A-15. Severability.
Should a court of competent jurisdiction declare any provision of
this local law invalid, such declaration of invalidity shall not affect
any other provision of this local law.
•
§ 66A-16. When effective.
This local law shall take effect immediately.
66A13 LL-25-85
SMOKE CONTROL
Chapter 67
SMOKE CONTROL/
§ 67-1. Definitions.
• § 67-2. Emission of dense smoke.
§ 67-3. Exceptions: private residences, period for rekindling
of fires.
§ 67-4. Emission of materials.
§ 67-5. Duties of Superintendent of Smoke Prevention.
§ 67-6. Combustion equipment regulations.
§ 67-7. Annual inspections.
§ 67-8. Hearings.
§ 67-9. Appeal jurisdiction.
§ 67-10. Interference.
§ 67-11. Temporary permits.
§ 67-12. Ringelmann Chart.
§ 67-13. Fees.
§ 67-14. Violations and penalties.
§ 67-15. Severability.
§ 67-16. Additional violations and penalties.
® § 67-17. Applicability.
§ 67-18. Inconsistent ordinances repealed.
I Editor's Note: Sections 67-1 through 67-15 were added as a new Chapter IX-C
of the General Ordinances on 11-2-60. Preamble of the 11-2-60 amendment reads
as follows: Resolved, that the General Ordinances of the Town of Mamaroneck
be amended by adding a new chapter, to be known as Chapter YX-C, which shall
read as follows.
6701
§ 67-1 MAMARONECK CODE § 67-1
§ 67-19. General title.
§ 67-20. When effective.
{HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 11-2-60 as Chapter ,IX-C and 2-17-37 as
Chapters X and XI of the General Ordinances.
Amendments noted where applicable.]
111
§ 67-1. Definitions.
DENSE SMOKE — As used in this ordinance, shall mean
that smoke which has a density of No. 2 or greater, as
established by the Ringelmann Chart, hereinafter referred
to and adopted.
CINDERS, DUST, FLY ASH, NOXIOUS ACIDS, FUME'S
and GASES — As used in this ordinance, shall be con-
sidered to be all matter other than dense smoke, includ-
ing coke, cinders, dust and soot formed as a result of
the combustion of fuel, which are carried in the gas stream
so as to reach the external air, and which have not been
completely consumed by the combustion process.
RINGELMANN CHART — As used in this ordinance,
shall be that standard published by the United States
Bureau of Mines to determine the density of smoke, as
hereinafter set forth in full in § 67-12 of this ordinance.
BUREAU or BUREAU OF SMOKE PREVENTION — As
used in this ordinance, shall mean the office of the Build-
ing Inspector of the Town of Mamaroneck, whose office
is hereby designated as the Smoke Prevention Bureau •
under this ordinance, to which office all duties of the
Bureau of Smoke Prevention are assigned.
SUPERINTENDENT or SUPERINTENDENT OF SMOKE
PREVENTION — As used in this ordinance, shall mean
the Town Engineer of the Town of Mamaroneck, who is
6702
§ 67-1 SMOKE CONTROL § 67-3
hereby designated Superintendent of Smoke Prevention
under this ordinance and who shall perform the duties of
such Superintendent, in addition to his other duties.
BOARD — As used in this ordinance, shall mean the
Town Board of the Town of Mamaroneck.
• PERSON, FIRM or CORPORATION — As used in this
ordinance, shall mean any individual, partnership, firms,
associations, companies, corporations, syndicates or other
groups, or groups of organized or unorganized individuals,
who may employ, own, use or operate any fuel-consuming
device.
§ 67-2. Emission of dense smoke.
It shall be unlawful for any person, firm or corporation to
permit the emission of any smoke from any source whatever,
of a density equal to or greater than that density described
as No. 2 on the Ringelmann Chart,2 published by the United
States Bureau of Mines, the standards of which are hereby fully
adopted by the enactment of this ordinance and set forth in full
in § 67-12 herein. The emission of such dense smoke is declared
to be a public nuisance and may be summarily abated by the
Bureau of Smoke Prevention or by anyone whom the Super-
intendent of Smoke Prevention may designate for such purpose;
provided, however, that this section shall not be applicable to
the circumstances set forth in § 67-3 herein.
§ 67-3. Exceptions: private residences, period for rekindling
of fires.
• The provisions of § 67-2 of this ordinance shall not be ap-
plicable:
A. To private residences in which no more than two (2)
families are or can be housed. To all larger dwellings
2 Editor's Note: Appended to this chapter.
6703
§ 67-3 MAMARONECK CODE § 67-5
of whatever type however, this ordinance shall be fully
effective and applicable.
B. When a firebox, furnace, boiler, locomotive or other fuel-
consuming device is being cleaned out and a new fire is
being built therein, in which event a smoke of a density
greater than that described as No. 2 of the Ringelmann
Chart shall be permitted for a period of not to exceed •
six (6) minutes in any single period of sixty (60) minutes.
§ 67-4. Emission of materials.
It shall be unlawful for any person, firm or corporation to
permit or cause the escape of such quantities of soot, cinders,
noxious acids, fumes and gases in such place or manner as to be
detrimental to any person or to the public, or to endanger the
health, comfort and safety of any such person or of the public
or in such manner as to cause or have a tendency to cause
injury or damage to property or business. The escape of such
matter is declared to be a public nuisance and may be summarily
abated by the Bureau of Smoke Prevention or by anyone whom
the Superintendent of Smoke Prevention may designate for such
purpose.
§ 67-5. Duties of Superintendent of Smoke Prevention.
The duties of the Superintendent shall be:
A. To investigate all complaints of violations of this ordi-
nance, and to institute necessary proceedings in case of •
violations.
B. To investigate and make recommendations from time to
time to the Town Board, with respect to needed revisions
in this or any other ordinance pertaining to smoke control
and air pollution.
6704
§ 67-5 SMOKE CONTROL § 67-5
C. To make yearly inspections of all fuel-consuming devices
within the Town of Mamaroneck outside of incorporated
villages, to determine whether compliance is being had
with the provisions of this ordinance as more specifically
required in § 67-6 hereof.
• D. To prepare and disseminate appropriate educational and
informative literature to the public for the purpose of
advising them of the purposes and necessity for the smoke
prevention campaign.
E. To promulgate and publish rules and regulations under
which this ordinance will be administered, providing in
detail and with clarity the necessary information by
which the public is to be guided. Copies of this Ringel-
mann Chart shall be made available to the public without
charge. The rules and regulations herein prescribed to
be adopted shall be prepared only after a thorough con-
sideration of the air pollution problem as it exists in the
Town of Mamaroneck outside of incorporated villages.
F. To cooperate fully with all civic or other organizations
which may be or become interested in the smoke preven-
tion campaign.
G. To issue all permits required under the terms of this
ordinance, and to notify all parties concerned of any
decision he may render and to provide such parties with
an opportunity to have a full hearing as hereinafter set
• forth in § 67-8.
H. To do any and all other acts which may be necessary
for the successful prosecution of the purposes of this
ordinance, and such other acts as may be specifically
enumerated therein as his duties.
6705
§ 67-6 MAMARONECK CODE § 67-6
§ 67-6. Combustion equipment regulations.
All heating devices must be so constructed as to insure the
complete combustion of all fuel used and further designed to
prevent any and all air pollution prohibited by this ordinance.
All refuse-burning devices3 or equipment shall be so constructed
as to prevent the emission of dense smoke, soot, cinders, noxious
acids, fumes and gases, which is prohibited by §§ 67-2 and 4 •
of this ordinance. No new fuel-burning plants, nor reconstruc-
tion, repair, addition or alteration to any fuel-burning plants for
producing power and heat, or either of them, nor refuse-burning
equipment nor any stack or furnace connected with such fuel
or refuse-burning equipment, shall be installed, erected, recon-
structed, repaired, added to or altered in the Town of Mamar-
oneck outside of incorporated villages, until plans and specifica-
tions of the same have been filed by the owner, contractor,
installer or other person in the office of the Superintendent, as
being so designed that same can be managed and operated to
conform to the provisions of this ordinance, and a permit issued
by the Superintendent for such installation, erection, reconstruc-
tion, repair, addition to or alteration. The Superintendent shall,
by appropriate rules and regulations, require such information
on the plans and specifications of the foregoing as will enable
him to make a determination of whether such construction, re-
construction, repair, addition or alteration work will conform
to the requirements of this ordinance or be in violation hereof.
If it appears that such proposed work will not be inconsistent
with the purposes of this ordinance, the Superintendent shall
issue the permit; otherwise, it shall be denied. Compliance with
this section of the ordinance shall not be deemed to be com- •
pliance with other town requirements with respect to the con-
struction or repair of buildings.4
3 Editor's Note: For additional regulations concerning refuse, see Ch. 30, Gar-
bage and Rubbish.
4 Editor's Note: For additional regulations concerning building, see Ch. 14,
Building Code.
6706
§ 67-7 SMOKE CONTROL § 67-10
§ 67-7. Annual inspections.
It shall be the duty of the Superintendent to make an annual
inspection of each fuel-consuming device in operation within the
Town of Mamaroneck outside of incorporated villages, to which
this ordinance applies, and to issue a certificate of inspection to
the owner of each such device so inspected, providing that it
meets the standards established in this ordinance. Such certifi-
cate shall be authorization for the continued operation of fuel-
consuming devices. Failure to possess a proper certificate of
inspection shall be considered to be a violation of this ordinance;
provided, however, that all fuel-consuming devices not inspected
at the time of the passage of this ordinance are authorized to
continue in operation until such time as the Superintendent may
make his annual inspection of such devices.
§ 67-8. Hearings.
Any person aggrieved by any ruling rendered by the Super-
intendent shall have the right to require the Superintendent to
conduct a full and complete hearing prior to actual and final
decision. Such hearing shall afford the person aggrieved with
a full opportunity to present any evidence which he may desire
to support his position. It shall be the duty of the Superintendent
to promptly notify all parties concerned of his ruling in such
hearings.
§ 67-9. Appeal jurisdiction.
The Town Board of the Town of Mamaroneck shall decide
• all appeals properly before them.
§ 67-10. Interference.
Any person, firm or corporation interfering in any manner
or impeding the performance of duty of the Superintendent
shall be deemed guilty of a misdemeanor, and shall be subject
6707
§ 67-10 MAMARONEU1K CODE § 67-12
to the penalties hereinafter provided for the violation of the
provisions of this ordinance. This section shall likewise apply
to the performance of duty of those employees and representa-
tives of the Superintendent, and to the Smoke Prevention Bureau.
§ 67-11. Temporary permits.
•
Whenever it has been adequately demonstrated to the Super-
intendent that compliance with the terms of this ordinance can-
not be effectively and immediately made, the Superintendent
shall have the authority to grant a temporary permit for the
continued operation of such noncomplying equipment, but only
in the event that the party has taken all necessary steps to
secure compliance with the ordinance. Such temporary permit
shall be issued for no longer a period than six (6) months, at
the expiration of which period of time the party holding such
permit shall be deemed to be in violation of the provisions of
this ordinance. The fees established in § 67-1'3 shall not be
applicable to the permits required by this section.
§ 67-12. Ringelmann Chart.
A. The standard by which the density of smoke is to be
measured will be the Ringelmann Chart, published by the
United States Bureau of Mines.
B. Ringelmann Chart appended to this chapter.
C. Use of the chart will be made by placing it at such dis-
tance from the observer so that the squares appear as
even shades of coloring, or when no white spaces between i
the lines are visible. Comparison of the smoke under ob-
servation with the various shades of the chart will then
indicate the density of the smoke. Observation distances
shall be not less than one hundred (100) feet nor more
than one-fourth (1/4) mile from the smoke observed.
6708
§ 67-13 SMOKE CONTROL § 67-17
§ 67-13. Fees. [Amended 5-4-77]
The fees to be charged by the Superintendent for the various
permits required herein shall be ten dollars ($10.) each, with the
exception of annual inspection fees which shall be, for the initial
inspection, twenty-five dollars ($25.) and, for all subsequent
inspections, ten dollars ($10.).
4110
§ 67-14. Violations and penalties.
Any person violating any of the provisions of this ordinance, as
the same may be amended from time to time, for which no other
penalty is provided, shall be guilty of a misdemeanor punishable
by imprisonment for not more than one (1) year or by a fine of not
more than five hundred dollars ($500.), or both. Any abatement
hereinbefore provided for shall be in addition to any penalties
prescribed in this section.
§ 67-15. Severability.
In the event that any section, subsection or any portion of this
ordinance shall be declared by any competent court to be invalid
for any reason, such decision shall not be deemed to affect the
validity of any other section, subsection or other portion of this
ordinance.
§ 67-16. Additional violations and penalties. [Amended 10-20-54]
Any person violating any of the provisions of this ordinance, as
the same may be amended from time to time, for which no other
penalty is provided, shall be guilty of a misdemeanor punishable
411 by imprisonment for not more than one (1) year or by a fine of not
more than five hundred dollars ($500.), or both.
§ 67-17. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever and
6709 8-25-79
§ 67-17 MAMARONECK CODE § 67-20
wherever the words "Town of Mamaroneck" are used, such words
shall mean the Town of Mamaroneck outside of incorporated
villages.
§ 67-18. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting or
•
pertaining to subjects covered in this ordinance insofar as they are
inconsistent herewith are hereby repealed.
§ 67-19. General title.
This ordinance shall be known as part of the "General Or-
dinances of the Town of Mamaroneck Outside of Incorporated
Villages."
§ 67-20. When effective.
This ordinance shall become effective immediately upon
publication and posting thereof as provided in Section 133 of
Chapter 634 of the Laws of 1932, constituting Chapter 62 of the
Consolidated Laws and known as the "Town Law."
•
6710 8-25-79
•
. STATES,cie.
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RINGELMANN'S SCALE FOR GRADING TILE DENSITY OF SMOKE
Rang smoke chart on a level with eye,about 50 feet from observer,as nearly as possi-
ble in line with chimney. Glance from smoke to chart and note corresponding num-
ber,recording same and time of observation.Repeat observations at one-fourth or
one-half minute intervals. From these records the average density may be de-
termined for each hour,or for each day. No smoke is recorded as No.0.100
percent black smoke is recorded as No. 5. Experienced observers often
record in half chart numbers. For further information, see Bureau of
Mines Information Circular 6888.
Chapter 68
•
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
6801-6899
§ 69-1 SNOW AND ICE REMOVAL § 69-1
Chapter 69
SNOW AND ICE REMOVAL
§ 69-1. Prompt compliance.
§ 69-2. Violations and penalties.
§ 69-3. Applicability.
§ 69-4. Inconsistent ordinances repealed.
§ 69-5. General title.
§ 69-6. When effective.
§ 69-7. Severability.
§ 69-8. Definitions.
(HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-17-37 as Section 4 of Chapter IV, andChaptersl, X
and XI, of the General Ordinances. Amendments noted where
applicable.]
§ 69-1. Prompt compliance.
Every owner, lessee, tenant, occupant or other person having
charge or control of any building or lot of land abutting upon any
street or public place1 where the sidewalk is flagged, concreted or
otherwise paved or laid shall, within twenty-four (24) hours after
the snow ceases to fall, remove the snow and ice from such
sidewalk so as to provide a continuous passageway. In case the
snow and ice on the sidewalk shall be frozen so hard that it cannot
be removed without injury to the pavement, the owner, lessee,
• tenant, occupant or other person hereby charged with the duty to
remove the same shall,within the time specified above, cause the
sidewalk to be strewn with ashes, sand and/or some other
abrasive substance, and thereafter as the weather shall permit
shall thoroughly clean said sidewalk.
1 Editor's Note: For additional regulations concerning street and sidewalks,see Ch.
73, Streets and Sidewalks.
6901 4-25-72
§ 69-2 MAMARONECK CODE § 69-3
§ 69-2. Violations and penalties.
A. Any person violating any of the provisions of this or-
dinance, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty of a
misdemeanor punishable by imprisonment for not more
than ten (10) days or by a fine of not more than five
hundred dollars ($500.), or both. [Amended 10-20-54; 3-4-
70]
B. Additional penalties. [Amended 12-17-53]
(1) Violation of § 69-1 of this ordinance shall subject the
offender, for each offense, to a civil penalty not to
exceed twenty-five dollars ($25.).
(2) The penalty for violation as above provided shall be in
addition to any fine provided for in § 69-2 A.
(3) Every day or part thereof that such violation shall
continue shall be deemed to be a separate and distinct
violation of the said several provisions of this or-
dinance and shall render every person liable for a
separate penalty for each such violation.
§ 69-3. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever and
wherever the words"Town of Mamaroneck" are used, such words
shall mean the Town of Mamaroneck outside of incorporated
villages.
(Cont'd on page 6903)
•
6902 4-25-72
§ 69-4 SNOW AND ICE REMOVAL § 69-8
§ 69-4. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
• § 69-5. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated
villages."
§ 69-6. When effective.
This ordinance shall become effective immediately upon publi-
cation and posting thereof as provided in Section 133 of Chapter
634 of the Laws of 1932, constituting Chapter 62 of the Consoli-
dated Laws and known as the Town Law.
§ 69-7. Severability.
The declaration of any portion of this ordinance by a court of
competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but
only that part thereof so declared to be invalid, and the re-
mainder of said ordinance shall remain in full force and effect.
•
§ 69-8. Definitions.
STREET — Is every way set apart for public travel,
except alleyways, bridle paths and footpaths.
6903
§ 69-8 MAMARONECK CODE § 69-8
SIDEWALKS — Is that portion of the street between the
physically established curblines and the designated prop-
erty lines.
VEHICLE — Is every device by which any person or
property is or may be transported or drawn upon the
street.
PARK, PARKING or PARKED — Shall mean the stop- •
ping of a motor vehicle or motorcycle upon any public
highway and leaving such motor vehicle or motorcycle
unattended by a person capable of operating it, for a
period longer than necessary to load or unload passengers
or freight.
PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and
incorporated and joint-stock associations. [Added 5-3-39]
6904
Chapter 70
® ( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
1111
7001-7099
Chapter 71
• ( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
7101-7199
Chapter 72
•
(RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
7201-7299
STREETS AND SIDEWALKS
Chapter 73
STREETS AND SIDEWALKS/
§ 73-1. Supervision of work.
§ 73-2. Permits required.
§ 73-3. Bond or indemnity agreement.
§ 73-4. Safeguarding obstructions.
§ 73-5. Responsibility for utilities.
§ 73-6. Restoration of surface.
§ 73-7. Deposits on streets.
§ 73-8. Building materials permit.
§ 73-9. Driving across sidewalks and curbs; permit.
§ 73-10. Construction of sidewalks.
§ 73-11. Nonapplicability.
§ 73-12. Violations and penalties.
§ 73-13. Applicability.
§ 73-14. Inconsistent ordinances repealed.
§ 73-15. General title.
® § 73-16. When effective.
1 Editor's Note: For additional regulations concerning uses of streets and
sidewalks, see Ch. 14, Building Code, §§ 14-12 and 14-55A; Ch. 27, Fire Prevention
Code, § 27-36; Ch. 30, Garbage and Rubbish, §30-3; Ch. 34, Hawking and
Peddling, § 34-1; Ch. 37, House Trailers, Trailer Camps and Tourist Camps, § 37-
4B; Ch. 46, Lot Maintenance, § 46-2; Ch. 51, Noise Regulation, § 51-1; Ch. 57,
Peace and Good Order, § 57-1; Ch. 60, Plumbing Code, § 60-21; Ch. 62, Public
Transportation, § 62-1; Ch. 64, Sewer Connections, § 64-5; Ch. 69, Snow and Ice
Removal, § 69-1; Ch. 77, Trespassing, § 77-2; and Ch. 89, Zoning, § 89-67C.
7301
§ 73-1 MAMAHONECK CODE § 73-2
§ 73-17. Severability.
§ 73-18. Definitions.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-17-37 as Chapters I, VI, X and XI
of the General Ordinances. Amendments
noted where applicable.] •
§ 73-1. Supervision of work. [Amended 7-1-53]
No person or corporation shall have the right to make any
opening in any street or highway, including any sidewalk or
curb, and all such openings in streets, sidewalks or curbs must
be made under the supervision of the Superintendent of High-
ways and by employees working under him, except as herein-
after provided.
§ 73-2. Permits required. [Amended 1-17-51]
Any individual, corporation, public service corporation or
any municipal board or body which is required to maintain
substructures in any street or highway, desiring to make or
to have made an opening in a street or highway, must make
written application for same, addressed to the Superintendent
of Highways. The Superintendent of Highways, except in the
case of a public service corporation or municipal board or body •
required to maintain such substructures in any street or high-
way, shall have discretion, whether the opening shall be made
by town employees or may be made by the applicant. All ap-
plications for permits must be accompanied by a fee of five
dollars ($5.) for such application, payable to the Superintendent
of Highways.
7302
4110
§ 73-3 STREETS AND SIDEWALKS § 73-3
§ 73-3. Bond or indemnity agreement. [Amended 4-17-46]
A. If the street opening is to be made by a person or corpo-
ration other than a municipal or public service corporation,
the Town Superintendent of Highways may grant a permit
for such street opening and make such conditions for the
• granting of such permit as he considers necessary under
the circumstances, including a condition that such person
or corporation shall furnish to the Town of Mamaroneck
a surety bond in an amount approved by him and in such
form as may be approved by the Town Attorney, issued
by a casualty or indemnity insurance company, which
bond shall indemnify the town against all liability and
expense by reason of any act or omission in and about
the opening of such street. In every case where the
Superintendent of Highways issues a permit for the open-
ing of a street or highway, he shall require the applicant
for the permit to obtain proper public liability insurance
for himself, his contractors, agents or servants, protect-
ing the town and its Superintendent of Highways against
any claim for injury to person or property occasioned
by the opening of such street.
B. In the case of a public service corporation or municipal
board or body which is required to maintain substructures
in any street or highway, the Town Attorney, in lieu of a
bond, may accept and approve an indemnity agreement
between the town and such public service corporation,
municipal board or body which is required to maintain
substructures in any street or highway, or liability insur-
ance protecting the town and its Superintendent of High-
ways against all liability or expense of whatsoever kind
or nature, by reason of any act or omission of such public
service corporation, municipal board or body.
7303
§ 73-4 MAMARONECK CODE § 73-8
§ 73-4. Safeguarding obstructions.
All openings in highways shall be properly guarded and shall,
between sundown and sunrise, be plainly lighted with red lights.
§ 73-5. Responsibility for utilities. •
When the work is not done by town employees, every applicant
obtaining a permit to open a highway shall be solely responsible
for the protection and functioning of all drains, sewers,2 basins,
gas, water pipes,3 telephone and electric wires and conduits.
§ 73-6. Restoration of surface.
The surface of the highway opened shall be restored to as good
condition as previous to the excavation.
§ 73-7. Deposits on streets.
No person shall deposit any article, material or refuse,4 or in
any manner obstruct the highway or any part thereof, except
as provided in § 73-8 of this chapter.
§ 73-8. Building materials permit.
No building materials shall be placed upon any highway, with-
out a permit from the Superintendent of Highways. Such permit
shall be for a period no longer than three (3) months and shall
not authorize the obstruction of any sidewalk or gutter or of •
8 Editor's Note: For additional regulations concerning drains and sewers, see
Ch. 60, Plumbing.
3 Editor's Note: For additional regulations concerning water, see Ch.84, Water;
and Ch. 87, Water Control.
4 Editor's Note: For additional regulations concerning refuse, see Ch. 30, Gar-
bage and Rubbish.
5 Editor's Note: For additional regulations concerning building materials, see
Ch. 14,Building Code, § 14-55A.
7304
• § 73-8 STREETS AND SIDEWALKS § 73-10
more than one-third (1/3) of the roadway immediately opposite
the lot upon which the building6 is to be erected, and shall be
revocable for cause by the Town Board. The holder of such
permit shall so guard such material with red lights at night,
as to avoid accidents. Upon revocation of such permit, all ma-
terials deposited pursuant to such permit shall be removed
within forty-eight (48) hours and the highway restored to its
original condition.
§ 73-9. Driving across sidewalks and curbs; permit.
[Added 7-1-53]
No vehicle"' shall be driven across any sidewalk or curb except
at graded crossings in existence and such as may be hereafter
constructed without a temporary permit from the Superintendent
of Highways. The applicant for such a permit shall deposit
with the Superintendent of Highways such sum as is considered
by the Superintendent of Highways sufficient to indemnify the
Town of Mamaroneck against any damage to the sidewalk or
curb, but not less than one hundred dollars ($100.).
§ 73-10. Construction of sidewalks.
Any property owner, after applying for and receiving a per-
mit, may construct a sidewalk or curb on town property, or may
build a drain from any structure, enclosure or lot of ground
at his own expense. Before the owner may proceed with the
work, the Town Engineer shall establish proper grades and the
same shall be followed in laying such sidewalk, curb or drain.
• The width, materials and construction of such sidewalks, curbs
and drains shall fully conform to standard specifications for
such work.
6 Editor's Note: For additional regulations concerning buildings, see Ch. 14,
Building Code.
7 Editor's Note: For additional regulations concerning vehicles, see Ch. 81, Ve-
hicle and Traffic.
7305
•
§ 73-11 MAMARONECK CODE § 73-12
§ 73-11. Nonapplicability.
This chapter shall not apply to the opening of streets or high-
ways for the purpose of making sewer house connections8 which
are covered by the provisions of resolution or ordinance adopted
by the Town Board, August 18, 1936, and amended April 23, 1947,
pursuant to the provisions of Section 201 of the Town Law.
§ 73-12. Violations and penalties.
A. Any person violating any of the provisions of this ordi-
nance, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty
of a misdemeanor punishable by imprisonment for not
more than one (1) year or by a fine of not more than
five hundred dollars ($500.), or both. [Amended 10-20-54]
B. [Amended 12-17-53] Additional penalties.
(1) Violation of §§ 73-1, 73-4, 73-6, 73-7, 73-8 and 73-9
of this ordinance shall subject the offender, for each
offense, to a civil penalty not to exceed one hundred
dollars ($100.).
(2) The penalty for violation as above provided shall be
in addition to any fine provided for in § 73-12A.
(3) Every day or part thereof that such violation shall
continue shall be deemed to be a separate and dis- •
tinct violation of the said several provisions of this
ordinance and shall render every person liable for
a separate penalty for each such violation.
8 Editor's Note: -For additional regulations concerning sewers and sewerage
connections, see Ch. 64, Sewer Connections.
7306
§ 73-13 STREETS AND SIDEWALKS § 73-17
§ 73-13. Applicability.
This ordinance shall apply only to that part of the Town
of Mamaroneck outside of incorporated villages, and whenever
and wherever the words "Town of Mamaroneck" as used, such
words shall mean the Town of Mamaroneck outside of incorpo-
rated villages.
•
§ 73-14. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
§ 73-15. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated
villages."
§ 73-16. When effective.
This ordinance shall become effective immediately upon publi-
cation and posting thereof as provided in Section 133 of Chapter
634 of the Laws of 1932, constituting Chapter 62 of the Con-
solidated Laws and known as the Town Law.
§ 73-17. Severability.
• The declaration of any portion of this ordinance by a court
of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder
of said ordinance shall remain in full force and effect.
7307
§ 73-18 MAMARONECK CODE § 73-18
§ 73-18. Definitions.
STREET — Is every way set apart for public travel, ex-
cept alleyways, bridle paths and footpaths.
SIDEWALKS — Is that portion of the street between the
physically established curblines and the designated prop-
erty lines.
•
VEHICLE — Is every device by which any person or
property is or may be transported or drawn upon the
street.
PARK, PARKING or PARKED — Shall mean the stop-
ping of a motor vehicle or motorcycle upon any public
highway and leaving such motor vehicle or motorcycle
unattended by a person capable of operating it, for a
period longer than necessary to load or unload passengers
or freight.
PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and
incorporated .and joint-stock associations. [Added 5-3-39]
•
7308
§ 73A-1 SUMMONSES § 73A-1
Chapter 73A
SUMMONSES
Local Law
• No. 7
1985
A LOCAL LAW ENTITLED"SUMMONSES"
§ 73A-1. Purpose.
§ 73A-2. Authorization for issuance; prior notice;emergencies.
§ 73A-3. Form and content.
§ 73A-4. Severability.
§ 73A-5. When effective.
[HISTORY: Adopted by the Town Board of the Town of Ma-
maroneck 5-1-85 as Local Law No. 7, 1985. Amemdments noted
where applicable.]
GENERAL REFERENCES
Building Code—See Ch.14.
Unsafe buildings—See Ch.15A.
Fire Prevention Code—See Ch.27.
Property maintenance—See Ch.61.
Zoning—See Ch.89.
Be it enacted by the Town Board of the Town of Mamaroneck, as
follows:
•
§ 73A-1. Purpose.
The purpose of this local law shall be to grant power to the Build-
ing Inspector and his assistants as well as the Fire Inspector of the
Town of Mamaroneck to issue summonses for the enforcement of
laws or ordinances under their respective jurisdictions.
73A01 11-25-85
§ 73A-2 MAMARONECK CODE § 73A-3
§ 73A-2. Authorization for issuance; prior notice; emergencies.
A. The Building Inspector, any Deputy or Assistant Building In-
spector and the Fire Inspector of the Town of Mamaroneck
are authorized in all instances in which such officials are em-
powered to enforce a law or ordinance, to issue summmonses
returnable within ten (10) days to the Town Court of the
Town of Mamaroneck for any violation of any provision of the
Code of the Town of Mamaroneck or any other law or ordi •
-
nance, rule or regulation that they are empowered to enforce
under their respective jurisdictions. The term "summonses"
as used herein shall include an"appearance ticket"within the
meaning of § 150.10 of the Criminal Procedure Law of the
State of New York.
B. The Building Inspector, any Deputy or Assistant Building In-
spector and the Fire Inspector of the Town of Mamaroneck
shall, however, be required to give written notice of the exist-
ence of any violation of any law or ordinance prior to the issu-
ance of the summons, where such notice is required by said
law or ordinance, except as provided in Subsection C below.
C. Nonwithstanding the provisions of Subsection B above or any
notice requirement of any law, ordinance, rule or regulation
of the Town of Mamaroneck, if, in the opinion of the Building
Inspector or any Deputy or Assistant Building Inspector or
the Fire Inspector, a violation exists which creates an immi-
nent threat to the life or health of any individual or where
construction, renovation, repairs or other work is being per-
formed without a license or permit and under the laws or
ordinances of the Town of Mamaroneck a license or permit is
required prior to the commencement of such work, a sum-
mons may be issued immediately.
§ 73A-3. Form and content. 11110
The form of summons issued pursuant to this local law shall be
governed by the Criminal Procedure Law of the State of New York
and the Uniform Justice Court Act of the State of New York and
shall be subject to approval by the Town Board. The content of such
73A02 11-25-85
§ 73A-3 SUMMONSES § 73A-5
summons and the method of prosecution thereunder shall at all times
be subject to the Criminal Procedure Law and the Uniform Justice
Court Act of the State of New York and any other applicable law,
rule or ordinance.
§ 73A-4. Severability.
• • Should a court of competent jurisdiction declare any portion of this
local law invalid, such declaration of invalidity shall not affect the
validity of any other provision of this local law, provided that such
provisions can be implemented without the invalid provisions.
§ 73A-5. When effective.
This local law shall become effective immediately.
•
73A03 -25-85
TAXATION
Chapter 74
TAXATION
•
ARTICLE I
Tax Exemption Reduction
Local Law
No. 2
1976
A LOCAL LAW ENTITLED "TAX EXEMPTION
REDUCTION LAW"
§ 74-1. Legislative intent.
§ 74-2. Title.
§ 74-3. Definitions.
§ 74-4. Business investment exemption reduced.
§ 74-5. When effective.
ARTICLE II
Senior Citizens Tax Exemption
III § 74-6. Purpose.
§ 74-7. Exemption granted; conditions.
§ 74-8. When effective.
7401 ti-25-85
MAMARONECK CODE
ARTICLE III
Exemption for Improvements to Aid Handicapped
Local Law
No. 2
1984
A LOCAL LAW ENTITLED "EXEMPTIONS FOR CERTAIN •
IMPROVEMENTS TO AID THE PHYSICALLY DISABLED"
§ 74-9. Purpose.
§ 74-10. Applicability; criteria for qualifying improvements.
§ 74-11. Criteria for qualifying disabilities.
§ 74-12. Applications.
§ 74-13. Approval.
§ 74-14. Termination.
§ 74-15. Severability.
§ 74-16. Effective date.
ARTICLE IV
Veterans Exemption
Local Law
No. 2
1985
A LOCAL LAW IN RELATION TO THE ALTERNATIVE
VETERANS EXEMPTION FROM REAL PROPERTY TAXA-
TION
§ 74-17. Purpose. •
§ 74-18. Exemption reduced to zero.
§ 74-19. When effective.
[HISTORY: Adopted by the Town Board of the Town of Ma-
maroneck: Article I, 11-3-76 as Local Law No. 2, 1976; Article
7402 11-25-85
§ 74-1 TAXATION § 74-5
II, 8-3-77 by resolution, amended in its entirety 10-5-83; Article
III, 3-21-84 as Local Law No. 2, 1984; Article IV, 2-27-85 as Lo-
cal Law No. 2, 1985. Subsequent amendments noted where
applicable.]
ARTICLE I
Tax Exemption Reduction
• [Adopted 11-3-76 as L.L. No. 2, 1976]
Be it enacted by the Town Board of the Town of Mamaroneck,
as follows:
§ 74-1. Legislative intent.
The purpose of this local law is to provide for the reduction of
the per centum of the real property tax exemption provided for in
§ 485-b, Subdivision 2a, of the Real Property Tax Law.
§ 74-2. Title.
This local law shall hereafter be known and cited as "Tax
Exemption Reduction Law."
§ 74-3. Definitions.
As used in this local law, unless otherwise expressly stated, the
terms used herein shall be as set forth in § 485-b of the Real
Property Tax Law.
§ 74-4. Business investment exemption reduced.
The real property tax exemption percentage as set forth in
• Subdivision 2a of § 485-b of the Real Property Tax Law be and
the same is hereby reduced to zero percent (0%).
§ 74-5. When effective.
This local law shall take effect immediately.
(Cont'd on page 7403)
7402.1 it-25-85
§ 74-6 TAXATION § 74-7
ARTICLE II
Senior Citizens Tax Exemption
[Adopted 8-3-77 by resolution; amended
in its entirety 10-5-83]
§ 74-6. Purpose.
Pursuant to the provisions of § 467 of the Real Property Tax
• Law, as amended up to and including Chapter 991 of the Laws of
1983, the purpose of this resolution is to grant a partial exemption
from taxation to the extent specified hereinafter, as to real
property which is owned by certain persons with limited income
who are sixty-five (65) years of age or over, meeting the
requirements set forth in such section, as amended.
§ 74-7. Exemption granted; conditions.
Real property owned by persons sixty-five (65) years of age or
over shall be exempt from town taxes, except district taxes, to the
extent of fifty per centum (50%) of the assessed valuation or such
lesser per centum of assessed valuation as hereinafter specified,
subject to the following conditions:
A. The owner or all of the owners must file an application
annually in the Assessor's office of the town in which the
real property is located. Applications must be filed in the
Assessor's office on or before the taxable status date of the
town assessment roll, which is June 1 of each calendar year
for taxes payable in the following calendar year.
B. In order to be eligible to apply for a partial exemption in
the amount of fifty per centum (50%) of the assessed
valuation, the income of the owner or the combined income
of the owners must not exceed ten thousand five hundred
dollars ($10,500.) from all sources, as set forth in such
§ 467, as amended, for the twelve (12) consecutive months
prior to the date that the application is filed. Where title is
vested in either the husband or wife, the combined income
may not exceed such sum.
7403 6 25 84
§ 74-7 MAMARONECK CODE § 74-7
C. The owner or all of the owners of real property located in
the town, who are sixty-five (65) years of age or older and
whose said income or combined income from all sources for
said twelve-month period exceeded the maximum amount
set forth in Subsection B by less than three thousand
dollars ($3,000.) shall be eligible to apply for a partial
exemption as set forth in the following table, in which M
stands for the maximum income specified in Subsection B.
•
Percentage
Assessed
Valuation
Exempt
from
Annual Income Taxation
More than M but less than (M +$500) 45
(M +$500 or more) but less than 40
(M +$1,000)
(M +$1,000 or more) but less than 35
(M +$1,500)
(M +$1,500 or more) but less than 30
(M +$2,000)
(M +$2,000 or more) but less than 25
(M +$2,500)
(M +$2,500 or more) but less than 20
(M +$3,000)
D. The real property tax exemption provided herein on real
property owned by husband and wife, one (1) of whom is
sixty-five(65)years of age or older, once granted, shall not
be rescinded solely because of the death of the older spouse
so long as the surviving spouse is at least sixty-two (62)
41111
years of age.
E. Except as provided in § 467-d, Subdivision 4(b), title to
the property must be vested in the owner or, if more than
one (1), in all the owners for at least twenty-four (24)
consecutive months prior to the date that the application is
filed.
7404 6-25-84
§ 74-7 TAXATION § 74-10
F. The property must be used exclusively for residential
purposes,be occupied in whole or in part by the owners and
constitute the legal residence of the owners.
§ 74-8. When effective.
• This resolution continues in effect the maximum income limit of
ten thousand five hundred dollars ($10,500.) for a partial exemp-
tion to the extent of fifty per centum (50%) of assessed valuation
as specified by resolution of the Town Board adopted August 24,
1982. The maximum income limits for lesser partial exemptions
specified in § 74-7C herein shall be effective for taxable status
dates after January 1, 1984.
ARTICLE III
Exemption for Improvements to Aid Handicapped
[Adopted 3-21-84 as L.L. No. 2, 1984]
Be it enacted by the Town Board of the Town of Mamaroneck as
follows:
§ 74-9. Purpose.
This local law is enacted for the purposes of implementing§ 459 of
the Real Property Tax Law of the State of New York providing,
under certain circumstances, for the exemption from taxation for
improvements to aid the physically disabled.
§ 74-10. Applicability; criteria for qualifying improvements.
This local law shall apply to all improvements which meet the
criteria set forth hereinbelow, whether constructed prior to the adop-
tion of this local law or after the adoption of this local law.
A. Any improvement to real property used solely for residential
purposes as a one-, two- or three-family residence shall be ex-
empt from taxation to the extent of any increase in value at-
tributable to such improvement, if such improvement is used
7405 11-25-85
§ 74-10 MAMARONECK CODE § 74-13
for the purposes of facilitating and accommodating use and
accessibility of such real property by:
(1) A resident owner of the real property who is physically
disabled;or
(2) A member of the resident owner's household who is
physically disabled if such member resides in the real
property.
•
§ 74-11. Criteria for qualifying disabilities.
For the purposes of this local law, a person shall be deemed physi-
cally disabled if:
A. Such individual shall submit to the Assessor a certified
statement from a physician licensed to practice in the State of
New York on a form prescribed and made available by the
New York State Board of Equalization and Assessment which
states that the individual has a permanent physical impair-
ment which substantially limits one (1) or more of such indi-
vidual's major life activities;or
B. Any individual submits a certificate from the State Commis-
sion for the Blind and Visually Handicapped stating that
such individual is legally blind.
§ 74-12. Application.
Such an exemption shall be granted only upon submission of an
application by the owner or all of the owners of the real property on a
form prescribed and made available by the State Board of Equaliza-
tion and Assessment. The applicant shall file, together with the ap-
propriate certified statement of physical disability or certificate of
blindness, said application which must be completed and filed on or
before the taxable status date of the town.
§ 74-13. Approval.
The Assessor of the Town, upon completion and filing of the neces-
sary application and certification provided for in § 74-12 above, shall
7406 11-25-85
§ 74-13 TAXATION § 74-17
make a determination as to whether or not the improvement in ques-
tion is necessary to facilitate and accommodate the use and accessi-
bility by a resident who is physically disabled. Upon making such
determination of necessity,the Assessor shall approve the application
and enter the taxable assessed value of the parcel for which an ex-
emption has been granted on the assessment roll, with the amount of
the exemption, as determined,to be stated in a separate column.
§ 74-14. Termination.
The exemption, once granted, shall continue on the property until
the improvement ceases to be necessary to facilitate and accommo-
date the use and accessibility of the property by the resident who is
physically disabled for whom such exemption has previously been
granted, and it shall be the duty of the owner or owners to notify the
Assessor of such termination of necessity.
§ 74-15. Severability.
Should any portion of this local law be declared invalid by a court
of competent jurisdiction, such declaration shall not affect the validi-
ty of any portion of this local law not found to be invalid.
§ 74-16. Effective date.
This local law shall take effect immediately.
ARTICLE IV
Veterans Exemption
[Adopted 2-27-85 as L.L. No. 2, 1985]
Be it enacted by the Town Board of the Town of Mamaroneck, as
follows:
§ 74-17. Purpose.
The purpose of this local law is to provide that no exemption from
real property taxes shall be granted pursuant to § 458-a of the Real
Property Tax Law of the State of New York.
7407 11-25-85
§ 74-18 MAMARONECK CODE § 74-19
§ 74-18. Exemption reduced to zero.
Pursuant to the provisions of Subdivision 4 of § 458-a of the Real
Property Tax Law of the State of New York, no exemption from real
property taxes shall be granted pursuant to section § 458-a of the
Real Property Tax Law for purposes of real property levied for the
Town of Mamaroneck.
•
§ 74-19. When effective.
This local law shall take effect immediately upon its filing with the
Secretary of State.
•
7408 -25-85
§ 75-1 TAXIS § 75-1
Chapter 75
TAXIS/
§ 75-1. License required.
® § 75-2. Qualifications for license.
§ 75-3. License fees.
§ 75-4. Issuance and display of badge.
§ 75-5. Display of number on vehicle.
§ 75-6. Serving public.
§ 75-7. Schedule of fares.
§ 75-8. Violations and penalties.
§ 75-9. When effective.
[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 4-19-22.]
§ 75-1. License required.
The pursuit or exercise of the trade or occupation of oper-
ating or driving public carriages, cabs, hacks, automobiles or
• other vehicles2 for the transportation of persons within the un-
incorporated portion of the Town of Mamaroneck, for hire,
without a license, is hereby prohibited.
1 Editor's Note: For additional regulations concerning taxis, see Ch. 41, Li-
censed Occupations, § 41-5A; Ch. 55, Parks, § 55-22; and Ch. 62, Public Trans-
portation, § 62-1.
2 Editor's Note: For additional regulations concerning vehicles, see Ch. 81,
Vehicle and Traffic.
7501
§ 75-2 MAMARONECK CODE § 75-5
§ 75-2. Qualifications for license.
Licenses for the operation of cabs, hacks, public carriages,
automobiles or other vehicles for the transportation of persons
for hire shall be granted only to persons twenty-one (21) years
of age or more, except that a driver's license may be granted
to a person of not less than eighteen (18) years of age. •
§ 75-3. License fees.3
License fees shall be paid to the Town Clerk, and shall be for
the following amounts, viz:
A. For each vehicle used for the transportation of persons,
having a seating capacity of not more than five (5)
passengers, five dollars ($5.).
B. For each vehicle used for the transportation of persons,
having a seating capacity of more than five (5) pas-
sengers, ten dollars ($10.).
§ 75-4. Issuance and display of badge.
Every person shall, while driving a licensed vehicle, con-
spicuously wear on his outer garment a shield or metal badge
bearing his license number, which shield or badge shall be
issued by the Town Clerk.
§ 75-5. Display of number on vehicle. •
No person shall operate or drive a taxicab, carriage or other
vehicle used for the transportation of passengers for hire
within the said unincorporated portion of the Town of Mamaro-
8 Editor's Note: For subsequent legislation concerning license fees, see Ch. 41,
Licensed Occupations, § 41-5, especially § 41-5C.
7502
§ 75-5 TAXIS § 75-7
neck unless such taxicab, carriage or other vehicle shall have a
distinctive number corresponding to that on the license issued
hereunder conspicuously displayed so that the same may be
readily seen day or night from a distance of not less than fifty (50)
feet.
• § 75-6. Serving public.
No person driving a licensed vehicle shall refuse to transport
passengers on request unless said vehicle is full.
§ 75-7. Schedule of fares. [Amended 11-3-76]
No greater rate of fare than that stated below shall be charged
for transportation between any two (2) points in the unin-
corporated portion of the Town of Mamaroneck by any licensed
vehicle:
A. From 6:00 a.m. to 8:30 p.m., between the railroad station
and any point south of the Rockingstone in the Woods of
Larchmont, or south of Forest Avenue in Chatsworth
Heights, or south of Fernwood Road and She'drake Creek
in the Larchmont Gardens, or west of Weaver Street and
Boston Post Road in Howell Park:
(1) Seventy-five cents ($0.75) for one (1) passenger.
(2) One dollar and twenty-five cents ($1.25) for two (2)
passengers.
(3) Twenty-five cents ($0.25) for each additional
passenger.
B. From 8:30 p.m. to 1:30 a.m., between any two (2) points
• mentioned in Subsection A hereof:
(1) One dollar ($1.) for one (1) passenger.
(2) Fifty cents ($0.50) for each additional passenger.
C. From 1:30 a.m. to 6:00 a.m., one dollar and fifty cents
(81.50) for one (1) passenger: fifty cents ($0.50) for each
additional passenger.
7503 8-25-79
§ 75-7 MAMARONECK CODE § 75-9
D. From 6:00 a.m. to 8:30 p.m., between any two (2) points
within the unincorporated portion of the town but beyond
the distances enumerated in Subsection A hereof:
(1) One dollar and fifty cents ($1.50) for one (1) passenger.
(2) Fifty cents ($0.50) for each additional passenger.
E. From 8:30 p.m. to 1:30 a.m., two dollars ($2.) for one (1)
passenger; fifty cents ($0.50) for each additional
passenger.
F. From 1:30 a.m. to 6:00 a.m., two dollars ($2.) for one (1)
passenger; one dollar ($1.) for each additional passenger.
§ 75-8. Violations and penalties.
The violation of any of the provisions of this ordinance or any
part hereof shall constitute a misdemeanor punishable by a fine
not exceeding two hundred dollars ($200.), and, on default of
payment of the fine so imposed, the person convicted of such
violation may be committed to the Westchester County
Penitentiary for a term not exceeding one (1) day for each and
every dollar of such fine.
§ 75-9. When effective.
This ordinance shall take effect ten (10) days after the date of
the publication and posting thereof as required by law.
•
7504 8-25-79
§ 76-1 TENANT PROTECTION § 76-2
Chapter 76
TENANT PROTECTION
• § 76-1. Tenant Emergency Protection Act adopted.
§ 76-2. Effective date.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 4-7-76. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 38.
§ 76-1. Tenant Emergency Protection Act adopted.
The Town Board of the Town of Mamaroneck does hereby
adopt the New York State Tenant Emergency Protection Act of
1974,1 which Act would be applicable to all classes of housing
accommodations which come within the purview of said Act.
§ 76-2. Effective date.
The effective date of said Act is May 1, 1976.
•
' Editor's Note: See § 8621 et seq. of the Unconsolidated Laws.
7601 8-25-79
TREE PRESERVATION
Chapter 76A
TREE PRESERVATION
Local Law
• No. 10
1985
A LOCAL LAW ENTITLED"TREE PRESERVATION"
§ 76A-1. Findings; purpose.
§ 76A-2. Cutting or destruction of trees restricted; exceptions.
§ 76A-3. Tree Preservation Commission.
§ 76A-4. Criteria for removal of trees.
§ 76A-5. Tree removal permit procedure.
§ 76A-6. Tree removal.
§ 76A-7. Certificate of occupancy.
§ 76A-8. Penalties for offenses.
§ 76A-9. Enforcement.
§ 76A-10. Removal of trees on town-owned land.
§ 76A-11. Repealer.
§ 76A-12. Severability.
§ 76A-13. When effective.
[HISTORY: Adopted by the Town Board of the Town of Ma-
maroneck 7-17-85 as Local Law No. 10, 1985. Amendments no-
ted where applicable.]
GENERAL REFERENCES
Conservation areas—See Ch.17.
Environmental quality review—See Ch.23.
Lot maintenance—See Ch.46.
Site plan review—See Ch.66A.
Subdivision plats—See Appendix,Part I.
76A01 -25-85
§ 76A-1 MAMARONECK CODE § 76A-2
Be it enacted by the Town Board of the Town of Mamaroneck, as
follows:
§ 76A-1. Findings; purpose.
The destruction or damage to shade, ornamental and evergreen
trees and plants and the indiscriminate and excessive cutting of
these trees in subdivisions and on private property causes barren and
unsightly conditions, creates increased surface drainage problems, 110
increases municipal costs to control drainage, impairs the stability
and value of improved and unimproved real property and causes
deterioration to the community which adversely affects the health,
safety, environment, ecosystems and general welfare of the inhabi-
tants of the Town of Mamaroneck. This local law seeks to correct
these conditions.
§ 76A-2. Cutting or destruction of trees restricted; exceptions.
A. No person, firm or corporation or individual connected with
such firm or corporation shall either purposely or negligently
cut down, kill or otherwise destroy or commit any act which
will lead to the eventual destruction of any tree exceeding six
(6) inches in diameter at a height of four (4) feet measured
from the ground on any private property, unless he is in the
possession of a permit to do so issued by the Tree Preserva-
tion Commission pursuant to§ 76A-4. Permits issued for any
other purpose by the town shall not be valid for this purpose.
A lot of one-half(%Z) acre or less substantially developed with
improvements and a structure or structures situated thereon
shall be exempt from this section.
B. Notwithstanding any other provision of this local law, any
property owner applying for subdivision or site plan approval
whose plans would require the removal of any trees on said
property shall make application to the Planning Board of the
Town of Mamaroneck, which shall have sole jurisdiction re-
garding the proposed removal of such trees. The Planning
Board may grant or deny such application on such terms and
conditions as it may prescribe, it being understood that there
must, in any event, be full compliance with the Subdivision
76A02 11-25-85
§ 76A-2 TREE PRESERVATION § 76A-4
Regulations and Site Plan Approval Law of the Town of
Mamaroneck.1 In the event that a property owner, subsequent
to the filing of a final plat or site plan, shall require the re-
moval of any trees which deviates from the plans approved by
the Planning Board, application must be made to the Tree
Preservation Commission, and all the requirements of this lo-
cal law shall be applicable.
S
§ 76A-3. Tree Preservation Commission.
A. The Town Board shall create a Tree Preservation Commis-
sion which shall consist of the Highway Superintendent, the
Chairperson of the Conservation Advisory Commission and
the Building Inspector.
B. All determinations and decisions made by the Tree Preserva-
tion Commission shall be by majority vote. The Commission is
hereby authorized and empowered to obtain the assistance,
when necessary, of persons especially qualified by reason of
training or experience in tree planting, preservation and
landscaping.
§ 76A-4. Criteria,for removal of trees.
A. Permits for the removal of trees may be granted under the
following circumstances:
(1) If the presence of trees would cause hardship or en-
danger the public or the person or property of the owner.
(2) On property to be occupied by buildings or structures,
within a distance of ten(10)feet around the perimeter of
such building or structure, depending upon tree species
and conditions to be determined by the Tree Preserva-
tion Commission.
(3) If the trees substantially interfere with a permitted use
of the property, and the removal of the trees shall be
performed in a selective manner.
Editor's Note: See Ch.66A,Site Plan Review,and Appendix,Part I,Subdivision Plats.
76A03 11-25-ss
§ 76A-4 MAMARONECK CODE § 76A-5
(4) If the property shall have an approved cut or fill of land
deemed by the Tree Preservation Commission to be in-
jurious or dangerous to the trees.
B. The determination of the Tree Preservation Commission shall
be final and shall depend upon the species of the tree, the
degree of injury and the likelihood of the survival of the tree
and consideration of the general welfare and the overall en-
vironment of the area, except that it shall be subject to such
review as is authorized by§ 76A-5H.
C. In the event that the Tree Preservation Commission deter-
mines that a tree or trees are hazardous to life or property or
substantially interfere with a permitted use of the property,
the Tree Preservation Commission shall have the right to
grant immediate approval for the removal of said tree or
trees, waiving all notices as required under this local law. In
the event that such approval is granted, the Tree Preserva-
tion Commission, subsequent to the cutting of said tree or
trees, shall have the authority to require complete compliance
with all other provisions of this local law as applicable thereto.
§ 76A-5. Tree removal permit procedure.
A. All applications for permits hereunder shall be made in writ-
ing and verified under oath upon forms prescribed by the
Tree Preservation Commission and approved by the Town
Board of the Town of Mamaroneck. The fee for each applica-
tion shall be set by resolution of the Town Board, payable
upon submission of the application.
B. The applicant shall submit plans showing existing and pro-
posed contours at two-foot intervals on a map or plan at a
scale no smaller than one (1) inch equaling fifty (50) feet. •
Where trees are to be removed or destroyed, existing trees,
specifying types and sizes, shall be shown and the reasons for
removing or destroying said trees shall be set forth. The plans
shall provide for new trees to be planted and shall specify
their location and type to replace the existing trees in kind.
When the existing trees are so large and mature that they
76A04 11-25-85
§ 76A-5 TREE PRESERVATION § 76A-5
cannot be replaced, the Tree Preservation Commission may
require planting of multiple trees instead.
C. The Tree Preservation Commission may require additional
information such as the design of walls, disposition and de-
sign of storm drainage and any other information pertinent to
the individual circumstances.
• D. Where extensive tree cutting is planned, the Tree Preserva-
tion Commission may require the applicant to pay for an In-
spector to be assigned by the Commission to supervise the
orderly development of the land and ensure the protection of
the trees.
E. The Tree Preservation Commission shall require that the ap-
plicant or applicant's representative who shall be performing
the work shall furnish the town with a performance bond as
approved by the town's attorney in an amount sufficient to
cover ninety percent (90%) of the planting and restoration
work to be completed in accordance with the plans accom-
panying the application. The remaining ten percent (10%) of
the cost of restoration and replanting shall be in cash, depos-
ited in a special tree preservation escrow account. The total
amount of the bond and cash deposit shall reflect all restora-
tion and protection costs and shall be in accordance with each
set of individual circumstances. Upon completion of all plant-
ing and restoration work to the satisfaction of the Tree Pres-
ervation Commission, the performance bond shall be canceled
and replaced with a maintenance bond to be approved by the
town's attorney and to run for a term of two (2) years. The
ten-percent cash in escrow shall remain on deposit with the
town until the maintenance bond is canceled.
F. The Tree Preservation Commission, within twenty (20) days
• from the date the application is submitted in final form, shall
approve or disapprove the application for permit. No trees
shall be cut pursuant to a validly issued permit for a period of
ten(10)days from the date of the issuance of said permit. The
failure to act upon the application for permit within the said
twenty(20)days shall be deemed a granting of automatic ap-
proval by the Tree Preservation Commission of the applica-
tion for permit.
76A05 11-25-85
§ 76A-5 MAMARONECK CODE § 76A-6
G. All decisions or determinations made by the Tree Preserva-
tion Commission approving applications pursuant to this law
shall be sent to property owners within a two-hundred-fifty-
foot radius of the area in question and to the Planning Board.
H. Any person, firm, organization or corporation aggrieved, af-
fected or interested in the determination of decision of the
Tree Preservation Commission shall have the right, within •
ten (10) days from receipt of the decision of the Tree Preser-
vation Commission, to appeal to the Town Board who shall
review the decision. Any decision or determination of the
Tree Preservation Commission which is appealed to the Town
Board shall be stayed pending review by the Town Board.
I. Any decision or determination of the Commission sustained,
revoked or modified by the Town Board may be appealed by
any person, firm, organization or corporation aggrieved, af-
fected or interested in the determination or decision of the
Town Board by application to the Supreme Court of the State
of New York within thirty (30) days of filing of such decision
with the Town Clerk.
J. The Tree Preservation Commission may revoke any permit if
the work is not proceeding according to permit.
§ 76A-6. Tree removal.
A. All persons who remove or cause to be removed trees with or
without a permit, as required, shall restore the area by back-
filling all holes and by creating an acceptable grade and cov-
ering, subject to approval by the Tree Preservation Commis-
sion. Any tree damaged during construction or development
of the property shall be either replaced in kind or, where ex-
isting trees are so large and mature that they cannot be re-
placed, the Tree Preservation Commission may require the •
planting of multiple trees instead. Minor tree damage shall
be repaired in accordance with accepted tree surgery practice.
B. Tree stumps shall be removed, not cut flush. After the plant-
ing of trees, removal of all debris in the disturbed area shall
be made immediately. The property where such planting is
76A06 11-25-85
§ 76A-6 TREE PRESERVATION § 76A-7
done must be left in a neat and orderly condition with good
and acceptable planting and tree surgery practice.
C. All trees which fail to survive for a period of two(2)calendar
years following planting shall be replaced by the permit
holder at no expense to the town or the owner of the land, if
other than the holder of the permit. Said replacement shall be
4111 within sixty(60) days following written demand for such re-
placement from the Tree Preservation Commission or within
an extended period of time as may be specified. Should the
permit holder fail to replace the trees pursuant to demand
within the required period of time, the Tree Preservation
Commission shall have the right to declare the maintenance
bond in default and apply the escrow cash deposit and the
proceeds of the bond to replace the required trees.
D. All tree planting, tree dressing and associated restoration
work must be substantially completed within six (6) months
from the date of issuance of the permit, except that the per-
mit may be extended by the Tree Preservation Commission
which shall have sole discretion to grant such an extension.
Under all circumstances, the performance bond obtained by
the permit holder shall continue in full force and effect until
there has been full compliance and approval of all restoration
work by the Tree Preservation Commission. In the event the
planting and restoration work has not been substantially
completed within six (6) months and no permit extension has
been applied for or granted, the Tree Preservation Commis-
sion shall have the right to consider the site abandoned and
declare the performance bond in default, and may apply the
escrow deposit and the proceeds of the bond to perform all
required planting and restoration work. By accepting a per-
mit, the holder thereby agrees to this procedure and grants
unconditional access to the land for such restoration purposes.
§ 76A-7. Certificate of occupancy.
No certificate of occupancy shall be issued by the Building Inspec-
tor until all tree planting, tree dressing and associated restoration
work shall be completed to the satisfaction of the Tree Preservation
76A07 11-25-85
§ 76A-7 MAMARONECK CODE § 76A-10
Commission, except that where a certificate of occupancy is applied
for between October 31 and April 1, the permit holder shall submit
an agreement, in writing, to the town signed by the permit holder to
ensure compliance with all planting and restoration work to the sat-
isfaction of the Tree Preservation Commission on or before the first
day of May next following the making of the agreement. The escrow
cash deposit and the bond obtained by the permit holder shall con-
tinue in full force and effect until the planting and restoration work •
has been completed. Should the permit holder fail to complete the
restoration work on or before May 1 next following the execution of
the agreement, the Tree Preservation Commission shall have the
right to declare the said performance bond in default and apply the
escrow cash deposit and the proceeds of the bond to restore the land.
§ 76A-8. Penalties for offenses.
A. Any person, firm or corporation violating any of the provi-
sions of this law shall be guilty of a misdemeanor, the fine for
which shall not exceed one thousand dollars($1,000.).
B. Civil penalty. In addition thereto, any person, firm or corpo-
ration violating any provision of this local law shall be subject
to a civil penalty enforceable and collectible by the town in
the amount of one hundred dollars($100.)each and every day
that the violation continues, for each and every tree. In addi-
tion thereto, the violator will be required to replace each and
every tree so taken down in accordance with§ 76A-6.
§ 76A-9. Enforcement.
The Building Inspector of the Town of Mamaroneck shall enforce
this local law.
•
§ 76A-10. Removal of trees on town-owned land.
A. No department, agency, commission or authority in the Town
of Mamaroneck, employee of the Town of Mamaroneck or any
firm or individual retained by the town shall propose to or
76A08 11-25-85
§ 76A-10 TREE PRESERVATION § 76A-10
shall cut down, kill or otherwise destroy more than five (5)
trees, each exceeding six(6) inches in diameter at a height of
four(4) feet measured from the ground, within an area of two
thousand five hundred (2,500) square feet or any single tree
exceeding eighteen(18)inches in diameter at a height of four
(4)feet measured from the ground on town property, with the
exception of town highways within the Town of Mamaroneck,
110 without first filing a statement with the Town Board.
(1) The statement required hereunder shall be made in
writing to the Town Board on a form approved by the
Town Board. Such statement shall specify the particular
type of work to be performed, the exact location, a
general description of the tree or trees that shall be re-
moved, a sketch plan if appropriate and required, to-
gether with the reasons for the removal of said tree or
trees.
(2) Upon filing said statement with the Town Board, notifi-
cation shall be sent to owners of record of land within a
radius of two hundred fifty (250) feet from the tree or
trees that are to be removed. In addition thereto, notice
of the proposed removal of said tree or trees shall be
published in the official newspaper of the Town of Ma-
maroneck.
(3) The Town Board shall be stayed from making any deci-
sion or determination for a period of ten (10) days from
the date of publication. In the event that any person,
firm, organization or corporation aggrieved, affected or
interested in the removal of the said tree or trees shall
file an objection with the Town Board in writing five(5)
days prior to the Town Board meeting, said Town Board
shall not make any decision or determination until its
• next regular or special Town Board meeting following
the filing of said objection.
B. All contracts entered into by the town with firms or individu-
als for work to be performed on town-owned land, excluding
town highways, shall contain a provision that there shall be
complete compliance with § 76A-10A of this local law.
76A09 11-25-85
§ 76A-11 MAMARONECK CODE § 76A-13
§ 76A-11. Repealer.
All ordinances and local laws or parts of ordinances and local laws
in conflict herewith are hereby repealed.
§ 76A-12. Severability.
The invalidity of any section, clause, sentence or provision of this1111
local law shall not affect the validity of any part of this local law
which can be given effect without such invalid part or parts.
§ 76A-13. When effective.
This local law shall take effect immediately.
•
76A10 11-25-85
§ 77-1 TRESPASSING § 77-1
Chapter 77
TRESPASSING
§ 77-1. Interference with Police or Fire Department.
® § 77-2. Authority to enter required; structures on streets.
§ 77-3. Violations and penalties.
§ 77-4. Applicability.
§ 77-5. Inconsistent ordinances repealed.
§ 77-6. General title.
§ 77-7. When effective.
§ 77-8. Severability.
§ 77-9. Definitions.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 2-17-37 as Section 10 of Chapter IV, and
Chapters I, X and XI, of the General Ordinances.
Amendments noted where applicable.]
§ 77-1. Interference with Police or Fire Department.
[Amended 11-5-41]
No person shall trespass on any public or private property
in the town under circumstances where such trespass interferes
® with or obstructs the work of the Police Department or Fire
Department in protecting either the property of the town or
the health and safety of its inhabitants, or where such Depart-
ments are preserving peace and good order/ in the town.
1 Editor's Note: For additional regulations concerning peace and good order, see
Ch. 55, Parks, § 55-23; and Ch. 57, Peace and Good Order.
7701
§ 77-2 MAMARONECK CODE § 77-3
§ 77-2. Authority to enter required; structures on streets.
[Added 12-27-50]
No person shall enter upon any lot or piece of land within
the bounds of the Town of Mamaroneck outside of incorporated
villages, without authority from the owner thereof. No person
shall erect or occupy thereon any hut or other structure what-
ever, without such authority, and no person shall place, erect •
or occupy, within the bounds of any street' in the Town of
Mamaroneck outside of the incorporated villages, any hut or
other structure,' without lawful authority.
§ 77-3. Violations and penalties.
A. Any person violating any of the provisions of this ordi-
nance, as the same may be from time to time amended,
for which no other penalty is provided, shall be guilty of
a misdemeanor punishable by imprisonment for not more
than one (1) year or by a fine of not more than five
hundred dollars ($500.), or both. [Amended 10-20-54]
B. [Amended 12-17-53] Additional penalties.
(1) Violation of § 79-2 of this ordinance shall subject
the offender, for each offense, to a civil penalty not
to exceed twenty-five dollars ($25.).
(2) The penalty for violation as above provided shall be
in addition to any fine provided for in § 77-3A.
(3) Every day or part thereof that such violation shall
continue shall be deemed to be a separate and distinct
violation of the said several provisions of this ordi-
nance and shall render every person liable for a
separate penalty for each such violation.
2 Editor's Note: For additional regulations concerning streets, see Ch.73, Streets
and Sidewalks.
8 Editor's Note: For additional regulations concerning buildings or structures,
see Ch. 14, Building Code.
7702
§ 77-4 TRESPASSING § 77-8
§ 77-4. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever
and wherever the words "Town of Mamaroneck" are used, such
words shall mean the Town of Mamaroneck outside of incor-
porated villages.
•
§ 77-5. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
§ 77-6. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated
villages."
§ 77-7. When effective.
This ordinance shall become effective immediately upon publi-
cation and posting thereof as provided in Section 133 of Chapter
634 of the Laws of 1932, constituting Chapter 62 of the Consoli-
dated Laws and known as the Town Law.
§ 77-8. Severability.
• The declaration of any portion of this ordinance by a court
of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder
of said ordinance shall remain in full force and effect.
7703
§ 77-9 MAMARONECK CODE § 77-9
§ 77-9. Definitions.
STREET — Is every way set apart for public travel,
except alleyways, bridle paths and footpaths.
SIDEWALKS — Is that portion of the street between the
physically established curblines and the designated prop-
erty lines. •
VEHICLE — Is every device by which any person or
property is or may be transported or drawn upon the
street.
PARK, PARKING or PARKED — Shall mean the stop-
ping of a motor vehicle or motorcycle upon any public
highway and leaving such motor vehicle or motorcycle
unattended by a person capable of operating it, for a
period longer than necessary to load or unload passengers
or freight.
PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and
incorporated and joint-stock associations. [Added 5-3-39]
•
7704
Chapter 78
•
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
7801-7899
§ 79-1 VEHICLES, ABANDONED § 79-1
Chapter 79
VEHICLES, ABANDONED
Local Law
No. 7
1984
A LOCAL LAW ENTITLED"ABANDONED VEHICLE LAW"
§ 79-1. Definitions.
§ 79-2. Towing.
§ 79-3. Severability.
§ 79-4. When effective.
[HISTORY: Adopted by the Town Board of the Town of Ma-
maroneck 11-7-84 as Local Law No. 7, 1984, Amendments noted
where applicable.]
GENERAL REFERENCES
Vehicle and traffic—See Ch.81.
Be it enacted by the Town Board of the Town of Mamaroneck, as
follows:
§ 79-1. Definitions.
• As used in this local law, the following terms shall have the mean-
ings indicated:
ABANDONED VEHICLE — The same as is defined under
the Vehicle and Traffic Law of the State of New York.
7901 11-25-85
§ 79-2 MAMARONECK CODE § 79-4
§ 79-2. Towing.
A. The Administrator of the Town of Mamaroneck shall be em-
powered to enter into contracts with one (1) or more towing
companies to tow and impound and store abandoned vehicles
which are left on the streets of the Town of Mamaroneck.
[Amended 11-21-84 by L.L. No.9, 1984]
B. Such towing companies shall tow, impound and store vehicles
at the expense of the owner and without any charge to the
town.
C. Said towing companies shall be licensed towers and act in
accordance with all applicable laws, rules and regulations
concerning the towing, impounding and storage of motor
vehicles.
§ 79-3. Severability.
Should a court of competent jurisdiction declare any portion of this
local law invalid, such declaration shall not affect any other section of
this local law.
§ 79-4. When effective.
This local law shall take effect immediately.
•
7902 11-25-85
Chapter 80
•
(RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
8001-8099
VEHICLE AND TRAFFIC
Chapter 81
VEHICLE AND TRAFFIC
ARTICLE I
. Speed Limits
Local Law
No. 1
1965
A LOCAL LAW ESTABLISHING MAXIMUM SPEED
LIMITS ON COUNTY ROADS AND TOWN HIGHWAYS IN
THE TOWN OF MAMARONECK, WESTCHESTER COUNTY
§ 81-1. Maximum; reductions.
§ 81-2. Supersession of state order.
§ 81-3. When effective.
ARTICLE II
Traffic Regulations
§ 81-4. Authority to establish uses of streets.
§ 81-5. Erection of signs.
§ 81-6. Stop intersections.
§ 81-7. Yield intersections.
• § 81-8. Traffic control signals.
§ 81-9. Penalties for offenses.
§ 81-10. School crossings; school speed zones.
§ 81-11. Trucks.
§ 81-12. Coasting.
§ 81-13. Crosswalks and driveways.
8101 8-25-79
MAMARONECK CODE
§ 81-14. Parades.
§ 81-15. Signs and signal devices.
§ 81-16. Additional violations and penalties.
§ 81-17. Applicability.
§ 81-18. Inconsistent ordinances repealed.
§ 81-19. General title.
§ 81-20. When effective.
§ 81-21. Severability.
§ 81-22. Definitions.
ARTICLE III
Parking Meters
§ 81-23. Definitions.
§ 81-24. Designation of existing parking fields.
§ 81-25. Designation of additional fields.
§ 81-26. Parking meter regulations.
§ 81-27. Establishment of zones.
§ 81-28. Marking of spaces.
§ 81-29. Meter regulations.
§ 81-30. Coin substitutes.
§ 81-31. Tampering with meters.
§ 81-32. Tagging of violators.
§ 81-33. Hours of operation. •
§ 81-34. Violations and penalties.
§ 81-35. Intention; repealer.
§ 81-36. Separability.
§ 81.3 7. Additional violations and penalties.
8102 6-25-79
VEHICLE AND TRAFFIC
§ 81-38. Applicability.
§ 81-39. Inconsistent ordinances repealed.
§ 81-40. General title.
§ 81-41. When effective.
• ARTICLE IV
Traffic Violations Bureau
§ 81-42. Establishment authorized.
§ 81-43. Functions of Bureau.
§ 81-44. Fines designated by Court.
§ 81-45. Record of violations and fines.
§ 81-46. Power of attorney.
ARTICLE V
Private Streets in Apartment Complexes
§ 81-47. Promulgation of parking prohibitions.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck: Article I, 2-17-65 as Local Law No. 1, 1965; Article
II, 3-4-59 as Chapter II and 2-17-37 as Chapters I, X and XI of the
General Ordinances; Article III, 7-1-59 as Chapter II-A and 2-17-
37 as Chapters X and XI of the General Ordinances; Article IV, 3-
4-70 as Chapter IX-G of the General Ordinances; Article V, 2-4-76.
Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles —See Ch. 8.
Parking in conservation areas— See Ch. 17.
Visability at intersections — See Ch. 46.
Sound-producing vehicles — See Ch. 51.
Parking lots— See Ch. 54.
Vehicles in parks— See Ch. 55.
Public transportation— See Ch. 62.
Taxis— See Ch. 75.
Operation of unlicensed vehicles — See Ch. 82.
8103 8-25-79
§ 81-1 MAMARONECK CODE § 81-3
Be it enacted by the Town Board of the Town of Mamaroneck,
as follows:
ARTICLE I
Speed Limits
[Adopted 2-17-65 as L.L. No. 1, 1965]
§ 81-1. Maximum; reductions.'
A. Maximum. The speed at which vehicles may proceed on or
along all county roads and town highways in the entire
area within the boundaries of the Town of Mamaroneck,
Westchester County, exclusive of the areas within the
incorporated limits of the Villages of Larchmont and
Mamaroneck, is hereby restricted to thirty (30) miles per
hour.
B. Reductions. The speed limit is hereby reduced as follows:
(1) From thirty (30) to twenty-five (25) miles per hour on
Harmon Drive, between Weaver Street and the
Mamaroneck town and Mamaroneck village line and
also Myrtle Boulevard between Murray Avenue and
Lakeside Drive. [Added 3-17-76]
§ 81-2. Supersession of state order.
This local law supersedes the Traffic Commission Order dated
June 2, 1948, issued by the State Traffic Commission of the State
of New York, pursuant to the authority conferred by § 95-C of the
Vehicle and Traffic Law of the State of New York.
§ 81-3. When effective.
This local law is to be effective upon its proper filing as required
by law.
' Editor's Note: See also § 81-10 for school speed zones.
8104 8-25-79
§ 81-4 VEHICLE AND TRAFFIC § 81-4
ARTICLE II
Traffic Regulations2
[Adopted 3-4-59 as Chapter II and 2-17-37 as
Chapters I, X and XI of the General Ordinances]
§ 81-4. Authority to establish uses of streets.
• The Police Commission of the Town of Mamaroneck is hereby
designated, pursuant to Subdivision E of § 1603 of the Vehicle
and Traffic Law of the State of New York, with respect to high-
ways outside of villages, to:
A. Upon a roadway which is divided into three (3) lanes,
allocate the center lane exclusively for traffic moving in a
specified direction.
(Cont'd on page 8105)
C-6,6"
/t0 p6-0-4 biAgptT
(( /l
•
z Editor's Note: Sections 81-4 through 81-7 and 81-11 through 81-15 were adopted as a
new Chapter II of the General Ordinances on 3-4-59.The preamble of the 3-4-59 amend-
ment reads as follows:`Resolved,that the present Chapter II(Use of Streets and High-
ways) of the General Ordinances of the Town of Mamaroneck is repealed, and a new
Chapter II is hereby enacted which shall read as follows:"
8104.1 8-25.79
§ 81-4 VEHICLE AND TRAFFIC § 81-4
B. Order signs erected directing slow-moving traffic, trucks,
buses or specified types of vehicles to use a designated
lane, or with signs, signals or markings designate those
lanes to be used by traffic moving in a particular direction
regardless of the center of the roadway.
• C. Designate no-passing zones and indicate such zones in
accordance with the standards, minimum warrants and
sign or marking specifications established by the State
Traffic Commission.
D. Regulate or prohibit processions, assemblages or parades.
Whenever such a procession, assemblage or parade au-
thorized by said Commission will block the movement of
traffic on a state highway maintained by the state, or on
a highway which connects two (2) state highways main-
tained by the state to make a through route, for a period
in excess of ten (10) minutes, said Commission must, prior
to such blocking, provide and designate with conspicuous
signs a detour adequate to prevent unreasonable delay in
the movement of traffic on said state highway maintained
by the state.
E. Prohibit or regulate the operation and the stopping, stand-
ing or parking of vehicles in cemeteries and in public
parks.
F. Provide for the removal and storage of vehicles parked
or abandoned on highways during snowstorms, floods,
• fires or other public emergencies, or found unattended
where they constitute an obstruction to traffic or any
place where stopping, standing or parking is prohibited,
and for the payment of reasonable charges for such re-
moval and storage by the owner or operator of any such
vehicle.
8105
§ 81-4 MAMARONECK CODE § 81-6.
G. Prohibit, restrict or regulate the operation of vehicles on
any controlled-access highway or the use of any controlled-
access highway by any vehicle, device moved by human
power, or pedestrian.
H. Prohibit or regulate the turning of vehicles or specified
types of vehicles at intersections or other designated loca-
tions. •
I. Regulate the crossing of any roadway by pedestrians.
J. Designate any highway or any separate roadway thereof
for one-way traffic.
K. Exclude trucks, commercial vehicles, tractors, tractor-
trailers and trucks in excess of a total gross weight of
ten thousand (10,000) pounds from designated highways.
L. Designate safety zones.
M. Prohibit, restrict or limit the stopping, standing or park-
ing of vehicles.
§ 81-5. Erection of signs.
Section 81-4 of this ordinance shall not be effective until
signs or markings giving notice as provided in Section 1683 of
the Vehicle and Traffic Law are posted, such signs or markings
to conform in all respects with the provisions of Section 1682
of the Vehicle and Traffic Law.
•
§ 81-6. Stop intersections. [Amended 8-7-63]
A. The following intersections are hereby designated, pur-
suant to Section 1660, Subdivision '1 of the Vehicle and
Traffic Law, as "stop intersections," and stop signs con-
8106
§ 81-6 VEHICLE AND TRAFFIC § 81-6
forming in all respects with the provisions of Sections
1682 and 1683 of the Vehicle and Traffic Law are hereby
ordered posted at such intersections.
B. Enumeration.
(1) Intersection of the following streets with Murray
• Avenue:
(a) Exit from Rouken Glen.
(b) Bryson Street.
(c) Colonial Avenue.
(d) Glenn Road.
(e) Homer Avenue.
(f) Maplewood Street.
(g) Maple Hill Drive.
(h) Echo Lane.
(i) Edgewood Avenue.
(j) Leafy Lane.
(2) Intersection of the following streets with Ellsworth
Road:
(a) Garden Road.
(b) Stoneyside Drive.
(c) Little Farms Road.
(3) Intersection of the following streets with Dillon Road:
(a) Parkland Avenue.
(b) Chester Place.
• (c) Edgewater Place.
(4) Intersection of the following streets with Forest
Avenue:
(a) Vine Road.
(b) North Chatsworth Avenue.
8107
§ 81-6 MAMARONECK CODE § 81-6
(c) Valley Road.
(d) Boulder Road.
(e) Villa Lane.
(f) Birchfield Road.
(g) Rockingstone Avenue.
(5) Intersection of Colonial Avenue with Daymon Terrace. •
(6) Intersection of Colonial Avenue with Colonial Lane.
(7) Intersection of the following streets with Palmer
Avenue:
(a) Harrison Drive.
(b) Carleon Avenue.
(c) Hawthorne Road.
(d) Town Driveway (exit from Town Yard).
(e) Elkan Road.
(f) Burton Road.
(g) Blossom Terrace.
(8) Intersection of Dante Avenue with Orsini Drive.
(9) Intersection of Byron Lane with Orsini Drive.
(10) Intersection of Daymon Terrace with Senate Place.
(11) Intersection of West Brookside Drive with:
(a) Garden Road West.
(b) Fernwood Road.
(c) Hickory Grove Drive.
(12) Intersection of Hickory Grove Drive West with
•
Rockland Avenue.
(13) Intersection of Eton Road with Rockland Avenue.
(14) Intersection of the following streets with Myrtle
Boulevard:
8108
§ 81-6 VEHICLE AND TRAFFIC § 81-6
(a) Exit from ramp to parking deck at Larchmont
Railroad Section.
(b) Vine Street.
(c) Wood Street.
(d) Cabot Road.
(15) Intersection of the following streets with Madison
Avenue:
(a) Maxwell Avenue.
(b) Washington Square.
(16) Intersection of Avon Road with:
(a) Mohegan Road, both sides.
(b) Dundee Road, south side.
(17) Intersection of East Brookside Drive with:
(a) East Garden Road.
• (b) Little Farms Road.
(18) Intersection of Fenimore Road with Avon Road.
(19) Intersection of Rockingstone Avenue with North
Chatsworth Avenue.
(20) Intersection of Vine Road with Glen Eagles Drive,
both sides.
(21) Intersection of the following streets with North
Chatsworth Avenue:
(a) Garfield Street.
(b) Glenn Road. [Repealed 5-16-73]
• (c) Bryson Street.
(22) Intersection of Judson Street with Edgewood Avenue.
(23) Intersection of Rockland Avenue and Stoneyside
Drive, both sides.
(24) Intersection of Briarcliff Road with East Brookside
Drive.
8109 11-25-75
§ 81.6 MAMARONECK CODE § 81-6
(25) Intersection of Barnard Road with Huguenot Drive.
(26) Intersection of Winged Foot Drive with Dundee Road.
(27) Intersection of Murdock Road with Griffen Avenue.
(28) Intersection of Griffen Avenue with Old White Plains
Road.
(29) Intersection of Huguenot Drive with North Chats-
worth Avenue.
(30) On the northeast corner of the intersection of Boulder
Brae Lane with Fenimore Road.
(31) On the northeast corner of the intersection of Poccia
Circle with Fenimore Road.
(32) On the northeast corner of the intersection of Country
Road with Fenimore Road.
(33) On the southwest corner of the intersection of
Mohegan Road with Fenimore Road.
(34) On the northeast corner of the intersection of
Stonewall Lane with Old White Plains Road.
(35) On the northeast corner of the intersection of Fairway
Drive with Old White Plains Road.
(36) On the northeast corner of the intersection of Prince
Willows Lane with Old White Plains Road.
(37) On the northeast corner of the intersection of Wagon
Wheel Road with Old White Plains Road.
(38) On the northwest corner of the intersection of Baldwin
Avenue with Myrtle Boulevard.
(39) On the southeast corner of the intersection of
Thompson Street and Myrtle Boulevard. •
(40) On both sides of the intersection of Mountain Avenue
and Rockingstone Avenue.
(41) On the northeast corner of the intersection of Lookout
Circle with North Chatsworth Avenue.
8110 11-25-75
§ 81-6 VEHICLE AND TRAFFIC § 81-6
(42) On the northeast corner of the intersection of Valley
Road with Rockingstone Avenue.
(43) On the southeast corner of the intersection of Wild-
wood Road with Rockingstone Avenue.
(44) Intersection of Central School Drive with Palmer
Avenue. [Added 12-15-65]
III (45) Intersection of Revere Road with Harmon Drive.
[Added 12-15-65]
(46) Intersection of Carriage House Lane with Old White
Plains Road. [Added 12-15-65]
(47) On Falls Road at its intersection with Lakeside Drive.
[Added 11-15-67]
(48) On Rocky Road at its intersection with Hickory Grove
Drive. [Added 11-15-67]
(49) On Colbert Drive at its intersection with Split Tree
Road. [Added 11-15-67]
(50) At the intersection of Avon Road and Mohegan Road.
[Added 5-19-71]
(51) At the corner of McKenna Drive and Rockland
Avenue facing east on McKenna Drive. [Added 5-19-
71]
(52) On the driveway of Dunkin Donuts, going east, at its
intersection with Rock Ridge Road. [Added 12-1-71]
(53) On Harrison Drive going south at the intersection of
Palmer Avenue. [Added 4-19-72]
(54) [Added 5-16-73] On North Chatsworth Avenue, going
north and south:
III (a) At the intersection of Bryson Street.
(b) At the intersection of Glenn Road.
(55) At the northwest corner of Hommocks Road at Eagle
Knolls Road. [Added 2-2-77]
8111 II-25-85
§ 81-6 MAMARONECK CODE § 81-6
(56) At the northeast corner of Doris Road at the in-
tersection of Fairway Drive and at the northeast and
southwest corners of Fairway Drive at the intersection
of Doris Road. [Added 3-15-78]
(57) At the southwest corner of Barnwall Lane at the
intersection of Fairway Drive. [Added 3-15-78]
(58) At the northeast corner of Barnwall Lane at the in- •
tersection of Stonewall Lane. [Added 3-15-78]
(59) At the northeast and southwest corners of Glenn Road
at the intersection of North Chatsworth Avenue,
making a four-way stop intersection.' [Added 3-15-78]
(60) On Winged Foot Drive going eastbound just before
the intersection of Winged Foot Drive and Briar Dell
Circle in the Town of Mamaroneck. [Added 8-4-82]
(61) Westbound just before the intersection of Winged
Foot Drive and Hidden Green Lane in the Town of
Mamaroneck. [Added 8-4-82]
(62) East and west on Forest Avenue at the intersection of
Vine Road in the Town of Mamaroneck. [Added 8-4-
82]
(63) North and south on Murray Avenue at the in-
tersection of Maple Hill Drive in the Town of
Mamaroneck. [Added 8-4-82]
(64) On the westerly corner of the intersection of Huguenot
Drive and Lafayette Road. [Added 8-8-84 by L.L. No.
4, 1984]
(65) On Mountain Avenue approaching Huguenot Drive from
both directions. [Added 12-19-84 by L.L. No. 11, 1984]
(66) On Valley Road at its intersection with Glenn Road. •
[Added 7-17-85 by L.L. No. 11, 1985]
'Editor's Note: See Subsection B(54)(b) above.
8112 11-25-85
§ 81-7 VEHICLE AND TRAFFIC § 81-7
§ 81-7. Yield intersections. [Amended 8-7-63]
A. The following intersections are hereby designated "yield
intersections," and yield right-of-way signs are hereby
ordered posted at said intersections,which shall conform to
the provisions of §§ 1682 and 1683 of the Vehicle and
Traffic Law.
• B. Enumeration.
(1) Intersection of Preston Street and Myrtle Boulevard.
(2) Intersection of Eagles Knolls Drive and Hommocks
Road.
(3) Intersection of Clover Street and Fernwood Road,
both sides.
(4) Intersection of Hickory Grove Drive and Rocky Road.
(5) Intersection of Old Weaver Street and Palmer
Avenue.
(6) On the northwest corner of the intersection of Dundee
Road and Avon Road.
(7) Intersection of Maple Hill Drive and Orsini Drive.
(8) Intersection of She'drake Avenue and Forest Avenue.
(Cont'd on page 8113)
•
8112.1 11-25-85
§ 81-7 MAMARONECK CODE § 81-7
(9) Intersection of Winged Foot Drive and Rockland
Avenue.
(10) Intersection of Edgewood Avenue and North Chats-
worth Avenue.
(11) Intersection of Ellsworth Road and Hickory Grove
• Drive.
(12) Intersection of Huguenot Drive and Lafayette Road.
(13) Intersection of Avon Road and Rockland Avenue.
(14) On Fifth Avenue at Madison Avenue.
(15) On Garfield Street at Madison Avenue.
(16) Intersection of Doris Road with Prince Willows Lane.
(17) Intersection of Poplar Road with Rockingstone
Avenue.
(18) On Forest Avenue at Daymon Terrace.
(19) On the southwest corner of Seton Road entering
Rockingstone Avenue.
(20) On the southwest corner of Springdale Road entering
Rockingstone Avenue.
(21) On the northeast corner of the intersection of Glenn
Road with Rockingstone Avenue.
(22) On both sides of the intersection of Glenn Road with
Valley Road.
(23) On the southwest corner of the intersection of Rochelle
Road with North Chatsworth Avenue.
(24) On the northeast corner of the intersection of Echo
• Lane with North Chatsworth Avenue.
(25) On the center island of Durham Road entering
Fenimore Road.
(26) On the southwest corner of the intersection of Winged
Foot Drive with Fenimore Road.
8113 8-25-79
§ 81-8 MAMARONECK CODE § 81-10
§ 81-8. Traffic control signals. [Added 7-1-59]
A. The following traffic control signals, for the purpose of
regulating traffic, are hereby authorized to be erected and
maintained in the Town of Mamaroneck outside of in-
corporated villages, in accordance with the provisions of
Subdivision 5 of§ 1660 of the Vehicle and Traffic Law:
(1) At the intersection of Forest Avenue and Murray •
Avenue: a green, yellow and red traffic control signal.
(2) At the intersection of North Chatsworth Avenue and
Myrtle Boulevard, north side: a green, yellow and red
traffic control signal.
(3) At the intersection of North Chatsworth Avenue and
Myrtle Boulevard, south side: a green, yellow and red
traffic control signal.
(4) At the intersection of Murray Avenue and Myrtle
Boulevard: a green, yellow and red traffic control
signal.
(5) At the intersection of Palmer Avenue and Richbell
Road: a green, yellow and red traffic control signal.
(6) At the intersection of Mountain Avenue and North
Chatsworth Avenue: a red and yellow flashing light.
B. All such traffic control signals are to be in accordance with
the manual and specifications of the State Traffic Com-
mission.
§ 81-9. Penalties for offenses. [Added 7-1-59]
Violations of§§ 81-4 through 81-8, inclusive, of this chapter are
hereby declared to be traffic infractions and are punishable as
provided in§ 1800 of the Vehicle and Traffic Law. 411
§ 81-10. School crossings; school speed zones. [Added 2-6-63]
A. School crossings.
(1) The following school crossing signs are authorized,
pursuant to § 1661, Subdivision 9, of the Vehicle and
8114 .25 9
§ 81-10 VEHICLE AND TRAFFIC § 81-10
Traffic Law,which signs are to conform in all respects
to the school crossing signs authorized by Section 24.3
of the Manual of Uniform Traffic Control Devices,
adopted by the New York State Traffic Commission:
(a) In the center of Murray Avenue where it is in-
tersected by Maple Hill Drive.
• (b) In the center of Forest Avenue where it is in-
tersected by Vine Road.
(2) Such signs are to be placed at the above locations each
day that schools are in session, from 8:00 a.m. to 9:00
a.m., from 11:00 a.m. to 1:00 p.m. and from 2:30 p.m.
to 3:45 p.m.
B. School speed limits.
(1) The Town Board of the Town of Mamaroneck, pur-
suant to§ 1662-a of the Vehicle and Traffic Law of the
State of New York, hereby establishes a school/speed
limit of fifteen (15) miles per hour for that portion of
Murray Avenue passing Murray Avenue School and
for a three-hundred-foot distance in either direction
from the school building line. [Added 4-7-76]
(Cont'd on page 8115)
•
8114.1 5-25-79
§ 81-11 VEHICLE AND TRAFFIC § 81-14
§ 81-11. Trucks.
Every vehicle used to transport dirt, manure, sand, gravel,
ashes, mud, garbage, swill, offal, etc., in the public streets of
the Town of Mamaroneck, outside of the Villages of Larchmont
and Mamaroneck, shall be so constructed or loaded as to prevent
any portion of the contents from escaping therefrom. No vehicle
• used to transport dirt or soil shall be operated or driven so as
to permit dirt or mud to adhere to the wheels and be deposited
in the public streets of the Town of Mamaroneck, outside of the
Villages of Larchmont and Mamaroneck. Any person, being the
owner or operator of any such vehicle or truck, shall at the end
of each working day remove any dirt, manure, sand, gravel,
ashes, mud, garbage, swill, offal, etc., dropped from any such
vehicle or truck on the public street or highway.
§ 81-12. Coasting.
No person shall coast with hand sleds, bobsleds, carts or other
vehicles on wheels or runners upon any sidewalk.
§ 81-13. Crosswalks and driveways.
No vehicles or animal or pushcart, baby carriage or other
device moved by human power shall stop or stay on any cross-
walk or driveway.
• § 81-14. Parades.
All parades in the streets of the Town of Mamaroneck, outside
of the Villages of Larchmont and Mamaroneck, and the playing
of bands of music and exhibitions of any kind in said streets
are prohibited without a written permit from the Town Board.,
8115
§ 81-15 MAMARONECK CODE § 81-19
§ 81-15. Signs and signal devices.
No person shall deface, injure, move or interfere with any sign,
standard or signaling device installed for the purpose of direct-
ing, restricting or regulating traffic, and no person shall place
or display a sign of any sort attempting to regulate traffic or
parking on a public street.
•
§ 81-16. Additional violations and penalties.
[Amended 10-20-54]
Any person violating any of the provisions of this ordinance,
as the same may be from time to time amended, for which no
other penalty is provided, shall be guilty of a misdemeanor
punishable by imprisonment for not more than one (1) year or
by a fine of not more than five hundred dollars ($500.), or both.
§ 81-17. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever and
wherever the words "Town of Mamaroneck" are used, such
words shall mean the Town of Mamaroneck outside of incor-
porated villages.
§ 81-18. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting or
pertaining to subjects covered in this ordinance, insofar as they
are inconsistent herewith, are hereby repealed.
•
§ 81-19. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated
villages."
8116
§ 81-20 VEHICLE AND TRAFFIC § 81-22
§ 81-20. When effective.
This ordinance shall become effective immediately upon
publication and posting thereof as provided in Section 133 of
Chapter 634 of the Laws of 1932, constituting Chapter 62 of the
Consolidated Laws and known as the Town Law.
• § 81-21. Severability.
The declaration of any portion of this ordinance by a court
of competent jurisdiction to be invalid shall not invalidate the
portion of this ordinance not so declared to be invalid, but only
that part thereof so declared to be invalid, and the remainder
of said ordinance shall remain in full force and effect.
§ 81-22. Definitions.
STREET — Is every way set apart for public travel,
except alleyways, bridle paths and footpaths.
SIDEWALKS — Is that portion of the street between
the physically established curblines and the designated
property lines.
VEHICLE — Is every device by which any person or
property is or may be transported or drawn upon the
street.
PARK, PARKING or PARKED — Shall mean the stop-
ping of a motor vehicle or motorcycle upon any public
highway and leaving such motor vehicle or motorcycle
• unattended by a person capable of operating it, for a
period longer than necessary to load or unload passengers
or freight.
PERSON — As used in this ordinance, shall be construed
to include individuals, copartnerships, corporations and
incorporated and joint-stock associations. [Added 5-3-39]
8117
§ 81-23 MAMARONECK CODE § 81-23
ARTICLE III
Parking Meters3
[Adopted 7-1-59]
§ 81-23. Definitions.
VEHICLE — Shall mean any device by which any person •
or property may be transported upon a highway, except
that operated upon rails or tracks.
METERED MUNICIPAL PARKING FIELD — Shall mean
any land or area heretofore or hereafter acquired by
and/or leased by and operated by the Town of Mamaroneck
as a public parking field for the parking of motor vehicles
off the streets of the town, and heretofore or hereafter
designated by the Town Board as metered municipal park-
ing fields.
PERSON — Shall mean and include a natural person, firm,
association, copartnership or corporation.
OPERATOR — Shall mean and include every individual
who shall operate a vehicle as the owner thereof or as the
agent, employee or permittee of the owner.
PARK, PARKING or PARKED — Shall mean the stop-
ping of a motor vehicle or motorcycle upon any parking
field designated as a metered municipal parking field, or
streets or parts of streets referred to in this ordinance,
and leaving such motor vehicle or motorcycle unattended
by a person capable of operating it. •
3 Editor's Note: Sections 81-23 through 81-36 were added as a new Chapter II-A
of the General Ordinances on 7-1-59. Preamble of the 7-1-59 amendment reads
as follows: Resolved that the General Ordinances of the Town of Mamaroneck
be amended so as to add thereto a new chapter to be known as Chapter II-A
entitled "Parking Meter Ordinance."
For additional regulations concerning parking meters, see Ch. 14, Building Code,
§ 14-136; Ch. 17, Conservation Areas, § 17-15; Ch. 37, House Trailers, Trailer
Camps and Tourist Camps, § 37-3B; Ch. 55, Parks, § 55-21; and Ch. 89, Zoning,
Article XI.
8118
§ 81-23 VEHICLE AND TRAFFIC § 81-25
PARKING METER ZONE — Shall mean a space set aside
by appropriate marking and/or signs in a public street or
highway.
§ 81-24. Designation of existing parking fields.
A. The Town Board hereby designates the following areas
adjacent to Wood Street and near the westbound station
and tracks of the New York, New Haven and Hartford
Railroad at Larchmont, New York, and more particularly
described as metered Municipal Parking Fields Nos. 2 and
3:
(1) Municipal Parking Field No. 2: The area on the east
side of Myrtle Boulevard approximately two hundred
twenty-eight(228)feet between Vine Street and Wood
Street, extending southeast on Vine Street ap-
proximately one hundred forty (140) feet and
southeast on Wood Street approximately four hun-
dred (400) feet.
(2) Municipal Parking Field No. 3: The area on the
northeast side of Wood Street approximately one
hundred eighty-two (182) feet from Myrtle Boulevard
and approximately two hundred (200) feet long
between Wood Street and Cabot Road.
B. The above-described areas are more particularly described
in a certain lease between the Town of Mamaroneck and the
County of Westchester, dated April 16, 1959, which is on
file in the Town Clerk's office.
§ 81-25. Designation of additional fields.
The Town Board may,from time to time, designate other lots or
areas owned and/or leased by the Town of Mamaroneck, as
metered municipal parking fields.
8119 4-25-72
§ 81-26 MAMARONECK CODE § 81-27
§ 81-26. Parking meter regulations. [Amended 1-7-70]
The Chief of Police shall provide for the installation, regulation,
control, operation and use of parking meters in metered municipal
parking fields, shall cause said meters to be maintained in good
workable condition and shall place on the surface of said fields
lines or marks designating the spaces within which motor vehicles
may park. Parking meters shall be placed in such fields next to
individual parking spaces so designated and the meters shall be so
constructed as to display a signal showing legal parking upon the
deposit therein of the sum of fifty cents ($0.50) as indicated by
instructions on said meters, and for a period of twelve (12) con-
secutive hours thereafter, and, in the alternative, a signal showing
legal parking upon the deposit therein of the sum of five cents
($0.05), in the form of a coin of such denomination of the United
States commonly known as a nickel, as indicated by instructions
on said meters and for a period of one (1) hour thereafter. Said
signals to remain in evidence until expiration of said period of
twelve (12) consecutive hours, or one (1) hour, respectively, at
which time a change of signals or some other mechanical operation
shall indicate the expiration of the parking period.
§ 81-27. Establishment of zones.
A. The Town Board hereby establishes zones to be known as
parking meter zones, upon the following portions of public
streets or highways in the Town of Mamaroneck outside of
incorporated villages:
(1) Northwest side of Myrtle Boulevard between Preston
Street and Cabot Road.
(2) Myrtle Boulevard between Wood Street and Vine
Street.
(3) South side of Myrtle Boulevard between North
Chatsworth Avenue and Madison Avenue, but
parking on the south side of Myrtle Boulevard be-
tween North Chatsworth Avenue and Madison
Avenue shall be angle parking.
8120 4-25-72
§ 81-27 VEHICLE AND TRAFFIC § 81-27
(4) West side of Station Way between Myrtle Boulevard
and Vine Street. [Added 12-1-82]
(5) South side of Vine Street between Station Way and
Myrtle Boulevard. [Added 12-1-82]
(Cont'd on page 8121)
S
8120.1 10.25-83
§ 81-27 VEHICLE AND TRAFFIC § 81-28
B. Parking meters along such streets shall be placed upon the
curb immediately adjacent to the individual parking spaces
hereinafter described; each parking meter shall be placed
or set in such a manner as to show or display by signal that
the parking space adjacent to such meter is or is not legally
in use. Each parking meter in parking meter zones Nos. 2
and 3, inclusive, shall be installed and set to display upon
the deposit of a coin of the denomination of five cents
($0.05) of the United States, commonly called a nickel, a
signal indicating legal parking for one (1) hour for each
nickel deposited, and shall continue to operate from the
time of the deposit of such coin or coins therein until the
expiration of the time allowed for such respective coins.
The meters placed or installed in parking meter zones Nos.
1, 2 and 3, above, shall be so constructed as to display the
signals showing legal parking, upon the deposit of the
coins provided for in§ 81-26 of this ordinance pertaining to
meters in metered municipal parking fields. Each meter
shall also be so arranged that upon the expiration of the
allowed time it will indicate by a mechanical operation and
the exhibit of a lawful signal that the lawful parking period
has expired.
§ 81-28. Marking of spaces.
The Chief of Police is instructed to have lines or markings
painted or placed upon the curb or street adjacent to each parking
meter installed in the streets, as herein provided, for the purpose
® of designating the parking space for which said meter is to be
used, and each motor vehicle parked alongside of or next to any
parking meter shall park within the lines or markings so
established. It shall be unlawful and a violation of this ordinance
to park any motor vehicle across any such line or marking or to
park any motor vehicle in such a position that the same shall not
be entirely within the area so designated by such lines or
markings.
8121 4-25-72
§ 81-29 MAMARONECK CODE § 81-29
§ 81-29. Meter regulations. [Amended 1-7-70]
When any motor vehicle shall be parked next to a parking meter
in a metered municipal parking field or in any space in a parking
meter zone in a street designated in this ordinance, the owner or
operator of said vehicle shall park within the area designated by
the marking lines within, and, upon entering said parking space,
shall immediately deposit in said meter a coin or coins and at once
shall put said meter in operation as thereon directed, and the said
parking space shall be lawfully occupied by such motor vehicle
during the period of time which has been prescribed for the
amount deposited. If said motor vehicle shall remain parked in
any such parking space either in a metered municipal parking field
or in a parking meter zone in a street, as the case may be, beyond
the parking time limit allowed for the coin inserted in said meter,
the parking meter shall display a sign or signal showing illegal
parking, and in that event such motor vehicle shall be considered
to be parked overtime and beyond the period of legal parking time
and in violation of this ordinance, except that nothing herein shall
prevent the operator of the vehicle from parking his vehicle in a
parking space without depositing a coin as aforesaid where it
appears that the maximum legal parking limit has not expired
since the deposit of the previous coin. It shall be unlawful for any
person to cause or permit any motor vehicle registered in his name
to be unlawfully parked as set out in this section or to fail to park
within the designated space or fail or neglect to deposit the proper
coin.
(Cont'd on page 8123)
8122 4-25-72
§ 81-30 VEHICLE AND TRAFFIC § 81-33
§ 81-30. Coin substitutes.
It shall be unlawful to deposit or cause to be deposited in
any parking meter any slug, device or a metallic substitute for
a coin of the United States.
• § 81-31. Tampering with meters.
It shall be unlawful for any person to deface, injure, tamper
with, open, willfully break or destroy any parking meter.
§ 81-32. Tagging of violators.
It shall be the duty of the patrolman or police officer assigned
thereto to take the number of any meter in any metered munici-
pal parking field or along any streets in which parking meter
zones have been established by this ordinance, at which any
motor vehicle is overparked as provided in this ordinance, and
the state motor vehicle tag number of such motor vehicle, and
make complaint therefor in the Police Court having jurisdiction,
together with the length of time during which said motor ve-
hicle is parked in violation of any provisions of this ordinance,
as well as any other facts, a knowledge of which is necessary
to a thorough understanding of the circumstances attending such
violation. Such police officers or patrolmen shall attach to
every motor vehicle parking in violation of any of the provisions
of this ordinance a notice that such motor vehicle has been
parked in violation of this ordinance and instructing the operator
to appear in court.
• § 81-33. Hours of operation.
The parking meters installed in the municipal parking fields
as provided in § 81-24 shall control parking only between the
hours of 7:00 a.m. to 7:00 p.m. daily, except Saturdays, Sundays
and legal holidays; and the parking meters to be installed in
8123
§ 81-33 MAMARONECK CODE § 81-36
parking meter zones established in certain public streets or high-
ways as provided in § 81-27 shall control parking only between
the hours of 7:00 a.m. and 7:00 p.m. daily, except Sundays and
legal holidays. When said parking meters are not controlling
parking as in this section provided, motor vehicles may be parked
without inserting any coins in said meters, but the parking lines
adjacent to said meters shall be adhered to in such parking in •
the same manner as is required during other times.
§ 81-34. Violations and penalties.
Any person violating any provisions of this Article shall be
guilty of a traffic infraction and may, upon conviction, be pun-
ished as provided for in the Motor Vehicle and Traffic Law of
the State of New York.
§ 81-35. Intention; repealer.
This Article is intended to and shall be in addition to all other
chapters, rules and regulations concerning traffic and the use
of streets in the Town of Mamaroneck, but the Parking Meter
Ordinance heretofore adopted by this Board by resolution adopted
November 24, 1954, is hereby repealed.
§ 81-36. Separability.
Each separate section and each separate provision of each
section of this chapter shall be deemed independent and separate
from every other section and provision, and the invalidity of
any section or part of a section of this chapter shall not affect •
the validity of the remainder of said section or the remainder
of this ordinance, it being the intention of the Town Board of
the Town of Mamaroneck to enact as a law separate provision
herein, regardless of its relationship to any or all of the other
provisions and regardless of the invalidity of any other provision.
8124
§ 81-37 VEHICLE AND TRAFFIC § 81-41
§ 81-37. Additional violations and penalties.
[Amended 10-20-54]
Any person violating any of the provisions of this ordinance, as
the same may be from time to time amended, for which no other
penalty is provided, shall be guilty of a misdemeanor punishable
by imprisonment for not more than one (1) year or by a fine
4111 of not more than five hundred dollars ($500.), or both.
§ 81-38. Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever
and wherever the words "Town of Mamaroneck" are used, such
words shall mean the Town of Mamaroneck outside of incorpo-
rated villages.
§ 81-39. Inconsistent ordinances repealed.
All former general ordinances, rules or regulations affecting
or pertaining to subjects covered in this ordinance, insofar as
they are inconsistent herewith, are hereby repealed.
§ 81-40. General title.
This ordinance shall be known as part of the "General Ordi-
nances of the Town of Mamaroneck outside of incorporated
villages."
• § 81-41. When effective.
This ordinance shall become effective immediately upon pub-
lication and posting thereof as provided in Section 133 of
Chapter 634 of the Laws of 1932, constituting Chapter 62 of the
Consolidated Laws and known as the Town Law.
8125
§ 81-42 MAMARONECK CODE § 81-43
ARTICLE IV
Traffic Violations Bureau
[Adopted 3-4-701
§ 81-42. Establishment authorized.
The Justice Court of the Town of Mamaroneck is hereby
•
authorized to establish a Traffic Violations Bureau to assist the
Court in the disposition of offenses in relation to traffic
violations. Such Bureau shall be in charge of such person or
persons and shall be open at such hours as the Court may
designate.
§ 81-43. Functions of Bureau.
A. Such Traffic Violations Bureau is hereby authorized to
dispose of violations of traffic laws, ordinances, rules and
regulations when such offenses shall not constitute the
traffic infraction known as speeding or a misdemeanor or
felony, by permitting a person charged with an offense
within the limitations herein stated to answer within a
specified time at the Traffic Violations Bureau, either in
person or by written power of attorney in the form
hereinafter prescribed in this ordinance, by paying the
prescribed fine, and in writing waiving a hearing in Court,
pleading guilty to the charge and authorizing the person in
charge of the Bureau to make such plea and pay such fine
in Court.
B. Acceptance of the prescribed fine and power of attorney by
the Bureau shall be deemed complete satisfaction for the
violation and the violator shall be given a receipt which so
•
states.
C. If a person charged with a traffic violation does not answer,
as hereinbefore prescribed, within a time designated by the
Court, the Bureau shall cause a complaint to be entered
against him forthwith and a warrant to be issued for his
arrest and appearance before the Court.
8126 4-25-72
§ 81-43 VEHICLE AND TRAFFIC § 81-46
D. Any person who shall have been, within the preceding
twelve (12) months, guilty of a number of parking
violations in excess of such maximum number as may be
designated by the Court, or of three (3) or more violations
other than parking violations, shall not be permitted to
appear and answer to a subsequent violation at the Traffic
Violations Bureau but must appear in Court at a time
specified by the Bureau.
E. Such Traffic Violations Bureau is not authorized to deprive
a person of his right to counsel or to prevent him from
exercising his right to appear in Court to answer,explain or
defend any charge of a violation of traffic law, ordinance,
rule or regulation.
§ 81-44. Fines designated by Court.
The Court shall designate the fines to be paid for offenses which
may be satisfied at the Bureau, as hereinbefore stated, provided
that such fines are within the limits established as penalties for
such offenses.
§ 81-45. Record of violations and fines.
The Traffic Violations Bureau herein authorized shall keep a
record of all violations of which each person has been guilty,
whether such guilt was established in Court or in the Bureau, and
also a record of all fines collected and the dispositions thereof. It
shall also perform such other or additional duties and keep such
other or additional records as shall be prescribed by the Court
and/or Town Board.
•
§ 81-46. Power of attorney.
Such written power of attorney shall be in substantially the
following form or in such form as to carry out the provisions and
intent of this ordinance:
8127 8-25-79
§ 81-46 MAMARONECK CODE § 81-47
Traffic Violations Bureau
Power of Attorney and Waiver
_I, the undersigned, have read fully the annexed summons and
hereby waive a hearing in the Justice Court of the Town of
Mamaroneck, New York, and plead guilty to the charge specified
in said summons. I authorize as the person
in charge of the Traffic Violations Bureau of said Court to make
41111
such plea and pay the prescribed fine in Court.
(signature)
Date:
ARTICLE V
Private Streets in Apartment Complexes
[Adopted 2-4-76]
§ 81-47. Promulgation of parking prohibitions.
The Town Board hereby authorizes the Police Commission of
the Town of Mamaroneck,pursuant to§ 1660-a of the Vehicle and
Traffic Law, to adopt regulations prohibiting parking on private
streets in apartment house complexes within the unincorporated
area of the Town of Mamaroneck.
•
8128 8-25-79
VEHICLES, OPERATION OF
Chapter 82
VEHICLES, OPERATION OF
• Local Law
No. 3
1974
A LOCAL LAW RELATING TO THE OPERATION OF
CERTAIN MOTOR VEHICLES WITHIN THE UNIN-
CORPORATED AREA OF THE TOWN OF MAMARONECK
§ 82-1. Definitions.
§ 82-2. Operation of certain vehicles restricted.
§ 82-3. Violations; impoundment.
§ 82-4. Recovery of impounded vehicles; fine and storage fee.
§ 82-5. Parental responsibility.
§ 82-6. Penalties for offenses.
§ 82-7. Conflict with state law.
§ 82-8. Effective date.
[HISTORY: Adopted by the Tawn Board of the Town of
Mamaroneck 11-20-74 as Local Law. No. 3, 1974. Amendments
noted where applicable.]
•
GENERAL REFERENCES
Noise regulation— See Ch. 51.
Vehicles in parks— See Ch. 55, § 55-20.
Taxis— See Ch. 75.
Vehicle and traffic regulations— See Ch. 81.
8201 11-25-75
§ 82-1 MAMARONECK CODE § 82-2
Be it enacted by the Town Board of the Town of
Mamaroneck, as follows:
§ 82-1. Definitions.
The following words and phrases when used in this local law
shall, for purposes of this local law, have the meanings indicated:
DUNE BUGGY — Every four-wheel motor vehicle •
designed specifically for all-terrain operation, exclusive of
snowmobiles.
GO-CART—Every four-wheel motor vehicle, with a motor
which produces not more than fifty (50) horsepower,
designed for use as a miniature racing car.
MOTORCYCLE — Every motor vehicle having a seat or
saddle for the use of the rider and designed to travel on not
more than three (3) wheels in contact with the ground, but
excluding a tractor.
MOTOR-DRIVEN CYCLE — Every motorcycle, in-
cluding every motor scooter, with a motor which produces
not more than five (5) horsepower, and every bicycle with a
motor attached.
MOTOR VEHICLE—Every vehicle which is propelled by
any power other than muscular power.
§ 82-2. Operation of certain vehicles restricted.
Within the Town of Mamaroneck, no dune buggy, go-cart,
motorcycle or motor-driven cycle shall be operated:
A. On any private property, including privately owned
driveways and sidewalks, without the permission of an
owner of such property. •
B. On private property in a careless, reckless or negligent
manner so as to endanger the safety of any person or the
property of any person.
C. Except by or under the supervision of an employee of the
Town of Mamaroneck, Union Free School District No. 1 or
8202 11-25-75
§ 82-2 VEHICLES, OPERATION OF § 82-4
other state or local government or authority in the course
of his employment, on any town or publicly owned land,
including any park, recreation area, school ground, ball
park, storage facility, garage area or sidewalk, which is not
a portion of a public highway or any other public way.
§ 82-3. Violations; impoundment.
If a motor vehicle is operated in violation of § 82-2 of this local
law, any police officer shall, upon the written complaint of any
resident of the town or upon said police officer witnessing such
violation, impound the particular motor vehicle involved in such
violation and store the same with the Police Department.
§ 82-4. Recovery of impounded vehicles; fine and storage fee.
A. When a motor vehicle is impounded pursuant to this local
law, the owner may redeem the same from the Police
Department upon the payment of a fine of fifty dollars
($50.) plus two dollars ($2.) for each day or fraction thereof
said vehicle is stored by the Police Department. The fifty-
dollar fine and storage fee shall become the property of the
town thirty (30) days after the payment of same unless
before such time the owner of said vehicle makes an ap-
plication to the Town Court requesting a hearing con-
cerning said violation. If, after said hearing, the Town
Court decides said vehicle was used in violation of this local
law, the fine and storage fee shall become town property. If
the Town Court finds that said motor vehicle was not used
in violation of this local law, said fine and storage fee shall
be returned to the owner of said motor vehicle.
• B. If an impounded motor vehicle is not redeemed within
sixty (60) days from the time it is impounded, the Police
Department shall mail a notice to the owner thereof by
certified mail, return receipt requested, advising him that
the town, after thirty (30) days from the date of said notice,
shall sell said motor vehicle at public auction and retain
that portion of the proceeds therefrom needed for the
payment of the aforementioned fifty-dollar fine and two-
8203 11-25-75
§ 82-4 MAMARONECK CODE § 82-8
• dollar per day storage fee. Any surplus moneys remaining
after the payment of said fine and storage fee shall be
returned to the former owner of said motor vehicle.
§ 82-5. Parental responsibility.
It shall be unlawful for the parent, guardian or any person
having the care, custody and control of any child under the age of
sixteen (16) years to permit such child to operate a motor vehicle
in violation of this local law.
§ 82-6. Penalties for offenses.
Any child, operator or parent who shall violate any of the
provisions of this local law shall, upon conviction thereof, be
sentenced to a fine not exceeding two hundred fifty dollars ($250.)
or to imprisonment for any term not exceeding fifteen (15) days,
or both.
§ 82-7. Conflict with state law.
Should any section or portion of this local law be in conflict with
the laws of the State of New York, then, in that instance, said laws
of the State of New York shall prevail.
§ 82-8. Effective date.
This local law shall take effect on January 1, 1975, upon its
filing in accordance with the provisions of § 27 of the Municipal
Home Rule Law.
8204 11-25-75
Chapter 83
•
(RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
S301 -8399
§ 84-1 WATER § 84-1
Chapter 84
WATERY
§ 84-1. Shutoff regulations; exceptions; deposits.
• § 84-2. Handling of deposits as trust fund.
§ 84-3. Violations and penalties.
§ 84-4. Turn on.
§ 84-5. When effective.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 8-6-24.]
§ 84-1. Shutoff regulations; exceptions; deposits.
It shall be unlawful for any water company or other corpora-
tion or individual to disconnect any residence or other building
from a supply of water to such residence or other building in
the Town of Mamaroneck during the pendency of any action or
proceeding in any court of law or equity, because of the non-
payment of any bill rendered for water supplied to such resi-
dence or other building, based upon rates or charges which
are the subject of litigation in such action or proceeding, pro-
vided, however, that the customer otherwise responsible for
• the payment of such bill rendered, or any inhabitant or occu-
pant of said residence or other building, shall deposit with the
Town Clerk the amount of such bill rendered.
Y Editor's Note: For additional regulations concerning water, see Ch. 14, Build-
ing Code,§ 14-87A; Ch. 37,Rouse Trailers, Trailer Camps and Tourist Camps,§ 37-
2B; Ch. 55, Parks, § 55-4; Ch. 60, Plumbing Code, § 60-176; Ch. 64, Sewer Connec-
tions, § 64-7; and Ch. 73, Streets and Sidewalks,§ 73-5.
8401
§ 84-2 MAMARONECK CODE § 84-5
§ 84-2. Handling of deposits as trust fund.
The Town Clerk shall hold all sums deposited with him under
the provisions of this ordinance as a trust fund, from which
shall be deemed to have been brought into such action or pro-
ceeding, and such trust fund shall be disbursed according to
the direction of the court in such action or proceeding. •
§ 84-3. Violations and penalties.
Any corporation or individual violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and, upon
conviction therefor, shall be liable to a fine not exceeding fifty
dollars ($50.) or imprisonment not exceeding six (6) months,
or both such fine and imprisonment.
§ 84-4. Turn on.
It shall be lawful for the Town Clerk or the inhabitant or
occupant of any such residence or other building which may
have been disconnected from a supply of water for nonpayment
of any bill rendered as herein provided to turn any valve, cock
or other appliance used to effect such disconnection, or to do
any other act necessary to reconnect said residence or other
building with its supply of water as soon as the deposit re-
ferred to in § 84-21 of this ordinance shall have been made with
the Town Clerk.
§ 84-5. When effective.
This ordinance shall take effect ten (10) days after the due
publication thereof.
8402
Chapter 85
•
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
8501-8599
Chapter 86
( RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
•
8601-8699
WATER CONTROL
Chapter 87
WATER CONTROL/
Local Law
No. 1
i 1966
A LOCAL LAW EMPOWERING THE SUPERVISOR
OF THE TOWN OF MAMARONECK TO IMPOSE AND
REMOVE PROHIBITIONS AND RESTRICTIONS AS
TO THE USE OF WATER OBT'AINED FROM THE
TOWN WATER SUPPLY WHICH IS NOT ESSENTIAL
TO PUBLIC WELL-BEING; AUTHORIZING THE
SUPERVISOR TO TERMINATE WATER SERVICE
AND IMPOSE PENALTIES FOR THE VIOLATION
OF THIS LAW
§ 87-1. Intent.
§ 87-2. Definitions.
§ 87-3. Scope of application.
§ 87-4. Restrictions during emergency.
§ 87-5. Exception to maintain sanitation.
§ 87-6. Enforcement.
§ 87-7. Violations and penalties.
§ 87-8. Severability.
® § 87-9. Supersessions; when effective.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 5-4-66 as Local Law No. 1, 1966.]
I Editor's Note: For additional regulations concerning water, see Ch. 14, Build-
ing Code, § 14-87A; Ch. 37, House Trailers, Trailer Camps and Tourist Camps,
§ 37-2B; Ch. 55, Parks, § 55-4; Ch. 60, Plumbing Code, § 60-176; Ch. 64, Sewer
Connections, § 64-7; and Ch. 73, Streets and Sidewalks. § 73-5.
8701
§ 87-1 MAMARONECK CODE § 87-2
Be it enacted by the Town Board of the Town of
Mamaroneck, as follows:
§ 87-1. Intent.
Due to a prolonged drought and the possibility of a shortage
of water, which could create an emergency as to the use of
town water, not essential to public well-being, it may be neces •
-
sary on occasion to prohibit and/or restrict the use of town
water. This local law is adopted so that when such emergency
occurs, the Supervisor of the Town of Mamaroneck may im-
mediately impose restrictions and/or prohibitions as to the use
of water not essential to the health, welfare and safety of the
town.
§ 87-2. Definitions.
For the purposes of this law, the following phrases, words
and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present
tense include the future, words in the plural number include
the singular number and words in the singular number include
the plural number. The word "shall" is always mandatory and
not merely directory.
TOWN — Is the unincorporated section of the Town of
Mamaroneck.
PERSON— Is a person, firm, partnership, association, cor-
poration, company or organization of any kind.
WATER — Is water from the town water supply system. •
EMERGENCY—Is that time, juncture or occurrence when
the level of the reservoirs supplying water to the town
is at a dangerously low level. Such emergency shall be
deemed to continue until it is declared to be ended by
the Supervisor.
8702
§ 87-3 WATER CONTROL § 87-4
§ 87-3. Scope of application.
The provisions of this law shall apply to all persons using
water drawn from the town water supply system.
§ 87-4. Restrictions during emergency.
The Supervisor of the Town of Mamaroneck, on being advised
by the office of the Superintendent of the Town Waterworks that
a water emergency exists, may immediately impose prohibitions
and/or restrictions as to the use and withdrawal of town water
by any person, for any or all of the following purposes:
A. The sprinkling, watering or irrigation of shrubbery, trees,2
lawns, grass, ground covers, plants, vines, gardens, vege-
tables, flowers or any other vegetation.3
B. The washing of automobiles, trucks, trailers or any other
type of mobile equipment.4
C. The watering, sprinkling or irrigation of golf courses.
D. The washing of sidewalks, driveways, filling station
aprons, porches or other outdoor surfaces.
E. The washing of the outside of dwellings.
F. The washing and cleaning of any business or industrial
equipment and machinery.
• G. The operation of any ornamental fountain or other struc-
ture making a similar use of water.
3 Editor's Note: For additional regulations concerning trees, see Ch. 46, Lot
Maintenance, § 46-2.
3 Editor's Note: For additional regulations concerning vegetation, see Ch. 46,
Lot Maintenance.
4 Editor's Note: For additional regulations concerning vehicles, see Ch. 81,
Vehicle and Traffic.
8703
§ 87-4 MAMARONECK CODE § 87-6
H. The operation of swimming and wading pools not em-
ploying a filter and recirculatory system.
I. The escape of water through defective plumbing,5 which
shall mean the knowing permission for defective plumbing
to remain out of repair.
J. Air-conditioning machines and refrigeration equipment.
(1) The operation of all air-conditioning machines or •
refrigeration equipment of a six-ton or more capacity,
unless provided with automatic water-saving devices
to limit makeup water to no more than five percent
(5%) of the consumption that would normally be
used without such device.
(2) The operation of all air-conditioning machines or re-
frigeration equipment of six (6) tons or less capacity,
unless provided with an automatic water supply
regulating device.
(3) Notwithstanding § 87-4J(1) and (2) hereof, the
Supervisor shall have the authority to prohibit and/or
restrict the use of all air-conditioning machines and
refrigeration equipment to any further degree he
shall deem necessary.
§ 87-5. Exception to maintain sanitation.
The Supervisor shall have the authority to permit a reasonable
use of water in any case necessary to maintain health and sanita-
tion standards.
§ 87-6. Enforcement. •
A. The Supervisor may adopt and promulgate, by publica-
tion in the official newspaper of the Town of Mamaroneck,
5 Editor's Note: For additional regulations concerning plumbing, see Ch. 60,
Plumbing Code.
8704
§ 87-6 WATER CONTROL § 87-9
such rules and regulations to supplement and give full
effect to the provisions of this local law as he may deem
necessary.
B. Every police officer of the town shall, in connection with
his duties imposed by law, diligently enforce the provisions
of this local law.
• C. The Supervisor shall have the authority to enforce the
provisions of this local law by the discontinuance of water
service in the event of violation thereof.
§ 87-7. Violations and penalties.
Any person, firm or corporation violating any of the pro-
visions of this local law shall be deemed guilty of an offense
and, upon conviction thereof, shall be fined in an amount not
exceeding fifty dollars ($50.) or be subject to a discontinuance
of water service. Each day such violation is committed or per-
mitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
§ 87-8. Severability.
If any section, subsection, sentence, clause, phrase or portion
of this local law is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions
hereof.
• § 87-9. Supersessions; when effective.
This local law supersedes the amendment of the General Ordi-
nances of the Town of Mamaroneck, known as Chapter IX-E
(Water Control Ordinance), adopted August 4, 1965, and amended
October 6, 1965, and further amended December 1, 1965. This
local law shall take effect immediately.
8705
WETLANDS
Chapter 88
WETLANDS
Local Law•
No. 1
1976
A LOCAL LAW REGULATING THE USE OF WETLANDS,
LAKES, PONDS AND RESERVOIRS AND ESTABLISHING
A WATER CONTROL COMMISSION
§ 88-1. Legislative intent.
§ 88-2. Definitions.
§ 88-3. Creation and organization of Water Control Commis-
sion.
§ 88-4. Powers and duties of Water Control Commission.
§ 88-5. Acts in controlled areas.
§ 88-6. Procedure for obtaining permits.
§ 88-7. Inspection; validity; penalties.
§ 88-8. Enforcement.
[HISTORY: Adopted by the Town Board of the Town of
Mamaroneck 8-18-76 as Local Law No. 1, 1976. Amendments
noted where applicable.]
GENERAL REFERENCES
Conservation areas — See Ch. 17.
Environmental quality review— See Ch. 23.
Flood hazard areas — See Ch. 28.
Water control — See Ch. 87.
Subdivision of land — See Appendix, Part I.
8801 8-25-79
§ 88-1 MAMARONECK CODE § 88-2
Be it enacted by the Town Board of the Town of Mamaroneck,
as follows:
§ 88-1. Legislative intent.
A. This local law shall be known as the "Freshwater Wetlands
Protection Law of the Town of Mamaroneck" and is •
adopted in accordance with Title 5, Local Implementation,
of the Freshwater Wetlands Act, Environmental Con-
servation Law of the State of New York(§ 24-0101 et seq.).
B. It is the intent of this local law to protect the public in-
terest, general health, safety and economic and general
welfare of the town by regulating usage of and modification
to wetlands, lakes, ponds and reservoirs and rainfall
drainage systems wholly or in part within the Town of
Mamaroneck.
§ 88-2. Definitions.
As used in this local law, the following terms shall have the
meanings indicated:
CONTROLLED AREAS — If an area can be defined by
more than one (1) of the following categories, the "con-
trolled area" shall be the greater of the areas so deter-
mined:
A. WETLANDS — Geographical areas covering one-
fourth-acre or more and covered with shallow and
sometimes temporary intermittent waters, commonly
referred to as marshes, swamps, bogs, wet meadows,
potholes, sloughs and river overflow lands. The
following categories shall apply:
•
(1) Seasonably flooded basins or flats.
(2) Inland fresh meadows: a few inches of water after
heavy rains.
(3) Inland shallow-fresh marshes: up to six (6) inches
of water.
8802 8-25-79
§ 88-2 WETLANDS § 88-2
(4) Inland deep fresh marshes: up to three (3) feet of
water.
(5) Shrub swamps: up to six(6) inches of water.
(6) Wooded swamps: up to one (1) foot of water.
(7) Bogs: shallow ponds may be present.
• The "controlled area" shall include all contributary ad-
jacent surface of ground elevation less than two (2) feet
higher than the high-water mark from a once-in-ten-year
frequency storm.
B. RAINFALL DRAINAGE SYSTEMS — Those
existing interconnected networks of depressed con-
tours and enlargements thereto which by virtue of
their location convey surface water runoff from its
source to and including its ultimate points of
discharge wholly or partially within town limits. The
controlled area of said rainfall drainage systems shall
include the greater of:
(1) All adjacent contributary surface of elevation less
than five (5) feet above the high-water mark from
a once-in-ten-year frequency storm.
(2) All adjacent contributary surface within one
hundred (100) feet measured horizontally in all
directions from the high-water mark from a once-
in-ten-year frequency storm.
C. PONDS, LAKES, RESERVOIRS — Areas of per-
manent water retention fed by springs or rainfall
drainage systems and which have one (1) or more
points of outlet. The controlled area shall include the
• pond, lake or reservoir and all adjacent ground surface
within thirty-five (35) horizontal feet of the watermark
when full to overflow level.
PERSON— Includes the singular and the plural and shall
include an individual, individuals, a firm, corporation,
partnership, foundation, association, company, institution,
organization or any other recognized legal entity.
8803 s-25-79
§ 88-3 MAMARONECK CODE § 88-3
§ 88-3. Creation and organization of Water Control Commis-
sion.
A. The Town Board is hereby authorized and empowered to
create a Water Control Commission which shall consist
of five (5) resident members, who shall be qualified by
reason of training or experience in engineering, community
planning, conservation or other related business or pro-
411)
fession. The members of the Water Control Commission
shall be appointed by the Town Board, and the Town
Board may allocate and budget for such expenses as may
be necessary and proper. The Town Board is hereby
authorized to make such appropriation as it may see fit for
such expenses. Of the members first appointed, one (1)
shall hold office for the term of one (1) year, one (1) for the
term of two(2) years, one(1) for the term of three (3) years,
one (1) for the term of four(4) years and one(1) for the term
of five (5) years. Their successors shall be appointed for a
term of five (5) years from and after the expiration of the
terms of their predecessors in office. If a vacancy shall
occur otherwise than by expiration of a term, it shall be
filled by the Town Board by appointment for the unexpired
term. Meetings of the Commission shall be held at such
times as the Commission may determine. Three (3)
members of such Commission shall constitute a quorum for
the transaction of business. The Commission shall keep
minutes of its proceedings showing the vote of each
member upon any question or, if absent or failing to vote,
indicating such fact, and shall also keep records of its
official actions.
B. Every decision, recommendation or determination of the
Commission shall be filed within ten (10) days in the office
of the Town Clerk and shall be a public record. The Water
Control Commission shall have the power to adopt, amend •
and repeal rules and regulations governing its procedures
and transaction of business. All rules and regulations and
any amendments or repeal thereof shall take effect im-
mediately upon filing in the office of the Town Clerk, after
approval by the Town Board.
8804 8.2;.79
§ 88-3 WETLANDS § 88-5
C. The Town Engineer or consulting engineer shall furnish to
the Water Control Commission such recommendations and
engineering data as the Commission shall request and
require, and the Town Engineer or consulting engineer
shall advise the Commission on all other matters within the
jurisdiction of the Commission and, upon request of the
• Commission, shall be present at the meetings and
deliberations of the Commission.
§ 88-4. Powers and duties of Water Control Commission.
A. The Water Control Commission shall review applications
for and take appropriate action on projects submitted
within its jurisdiction pursuant to § 88-6 of this local law.
B. The Water Control Commission shall enforce this local
law as provided in § 88-7.
C. The Water Control Commission shall investigate and
report upon water conservation and drainage problems
referred to it by the Town Board and Town Planning
Board and shall coordinate water planning with the
planning of adjacent communities, counties and adjacent
governmental authorities, if requested to do so.
§ 88-5. Acts in controlled areas.
A. Prohibited acts. There shall be no:
(1) Placement or depositing of debris or unlawful organic
or inorganic chemicals or chemical wastes.
(2) Introduction of influents of sufficiently high thermal
• content as to cause deleterious ecological effect.
B. Acts permitted under permit procedure. Except by permit
granted by the Water Control Commission as defined in
§ 88-6, there shall be no:
(1) Buildings, structures, dams or roads constructed.
(2) Excavation, dredging or fill.
8805 s-25-79
§ 88-5 MAMARONECK CODE § 88-6
(3) Diversion of flow.
(4) Extension to or expansion of any rainfall drainage
system.
(5) Decrease or increase of the flow velocity or volume.
(6) Digging of wells other than wells intended solely for
domestic water supply for single-family structures.
•
C. Acts subject to review. All proposed destruction of trees
and other plant life within a controlled area shall be subject
to review by the Commission to determine if prevailing
surface water runoff conditions would be altered to such an
extent that the provisions of § 88-6 apply. Requests for
review shall be made to the Commission.
D. Exemptions. The following acts are excluded from the
application of this law:
(1) Normal lawn and garden maintenance.
(2) Tree trimming, pruning and bracing.
(3) Ordinary repair and maintenance of existing stone
walls and retaining walls.
(4) Decorative landscaping, including the addition of
trees and plants.
E. Emergency provisions. Subsection B of this section shall
not apply to emergency work in a controlled area which is
immediately necessary to protect the health, safety and
well-being of any person or to prevent damage to personal
or real property, provided that the Commission is given
written notification within forty-eight (48) hours after
commencement of the work and within forty-eight (48)
hours of the completion of such work. Such emergency
work shall be performed as to cause the least change, •
modification, disturbance or damage to the controlled
area.
§ 88-6. Procedure for obtaining permits.
A person may appear before or communicate with the Com-
mission for the purpose of stating preliminary intent.
8806 8-25-79
§ 88-6 WETLANDS § 88-6
A. An applicant for a permit shall present plans,
specifications and design data in duplicate to the Water
Control Commission.
(1) In such cases as the total estimated cost of the
proposed project, including labor and materials, does
not exceed the sum of five hundred dollars ($500.), the
• plans and specifications need not be prepared by a
licensed practitioner but shall be neat, fully definitive
of all details of the proposed project, legible and
capable of reproduction.
(2) In such cases as the total estimated cost of the
proposed project, including labor and materials,
exceeds the sum of five hundred dollars ($500.), the
plans and specifications shall be prepared by a
professional engineer or architect.
(3) The application for a permit must be made by the
owner of record of land in a controlled area or by the
duly authorized agent of such owner, such
authorization to be in writing.
(4) Discretionary waiver. The Water Control Commis-
sion may waive the specified requirements in any in-
dividual case where, in the Commission's judgment,
such waiver is in the public interest. Such waiver must
appear on the records of the Commission, together
with the reasons therefor. No waivers shall be granted
which will have the effect of nullifying the intent and
purpose of these regulations. In granting any waiver,
the Commission shall attach such conditions as are
necessary, in its judgment, to secure substantially the
objectives of the standards or requirements so waived.
B. The Water Control Commission shall examine said plans
and specifications or cause them to be examined by the
Town Engineer or such licensed practitioner as may be
indicated by the scope of the work involved. The examiner
shall render the requested report to the Water Control
Commission within an elapsed time commensurate with
the complexity of the project involved.
8807 8-r-79
§ 88-6 MAMARONECK CODE § 88-6
C. Within a reasonable time after the report as specified in
Subsection B has been submitted to the Commission, the
Commission shall cause a notice of public hearing to be
published, on at least ten (10) days' notice, in the news-
paper last designated as the official newspaper of the
Town of Mamaroneck for the publication of legal notices.
The applicant and all interested parties and taxpayers shall
be heard at the public hearing. Such notice of hearing shall •
contain an adequate description of the property involved,
setting forth the street location of the parcel and the
designation thereof on the Tax Map of the Town of
Mamaroneck. In the discretion of the Commission, ad-
ditional notices may be sent by mail to owners of neigh-
boring or affected premises.
D. The Water Control Commission shall review the report,
consult with the Planning Board, where applicable, and
render its determination to the applicant as soon as
practicable after the public hearing.
(1) If the determination of the Water Control Commission
is affirmative, the applicant shall pay to the Town
Clerk a fee in the amount fixed by the Town Board,
whereupon one (1) copy of the project documents
stamped as approved, together with a permit covering
the work involved, shall be returned to the applicant.
(2) When the proposed scope of work affects lands
requiring subdivision approval by the Planning
Board, the Water Control Commission shall render its
determination to the applicant, within time limits
specified by the Planning Board as being necessary to
comply with the land development regulations.'
(3) Duration of permits. The Water Control Commission
shall specify in its resolution of approval the ex •
-
piration date of any permit granted pursuant to the
Water Commission, and, subject to the calling of an
additional public hearing in the discretion of said
Commission, no permit shall be valid for more than
'Editor's Note: See Part I of the Appendix.
8808 8-25-79
§ 88-6 WETLANDS § 88-6
one (1) year. All permits shall expire upon the com-
pletion of the acts specified therein. The validity of
any acts or work duly completed pursuant to an
existing permit shall not be affected by the expiration
of the aforesaid permit, but the same shall not be
continued beyond the expiration date except upon
application for renewal of said permit. No permit shall
be assigned, transferred, sublet or sold to any other
person without written permission.
(4) At the discretion of the Water Control Commission
and when deemed necessary for the protection of the
interests of the town or property owners affected by a
project, the applicant or his contractor or agent shall
file a bond or undertaking in an amount satisfactory to
the Town Engineer and the Commission and in a form
satisfactory to the Town Attorney or, in the alter-
native, shall make a cash deposit with the Town
Comptroller in said amount to ensure the satisfactory
completion of the project and the rehabilitation of
affected or disturbed areas.In the event that materials
are to be removed from the site, the applicant shall be
required to apply to the Town Board for a special
permit for the excavation and removal of materials.
The performance or rehabilitation bond provided for
herein shall be in addition to any bond which may be
required by the Town Board in connection with the
excavation and transportation of materials.
(5) Permits shall specify the permitted days and hours of
operation and the type of equipment to be used. No
material of any kind shall be removed from any prop-
erty in the construction of a project for which a permit
has been issued hereunder except pursuant to a special
permit issued by the Town Board.
(6) Upon the completion of any new lake, pond or other
source of water suitable for fire fighting, the Com-
mission shall forward to the Fire Department of the
fire district serving the affected premises a vicinity
sketch and information as to the size, accessways and
estimated water volume of such body of water.
8809 8-25-79
§ 88-7 MAMARONECK CODE § 88-7
§ 88-7. Inspection; validity; penalties.
A. The Building Inspector and the Town Engineer shall be
supplied with copies of permits issued hereunder, and each
of them are designated as inspection agents of the Com-
mission for the purpose of determining, from time to time,
compliance with the terms of any permit issued hereunder,
and, for such purpose, said Engineer and Building In-
•
spector shall have the right to enter upon and inspect any
project. Notice of violations and demands for remedial
work may be served with equal force and effect by the
Chairman of the Commission, the Town Engineer and the
Building Inspector, and each of them shall have the power
to initiate court proceedings to enforce the provisions of
this law at the direction of the Town Board.
B. If any section, subsection, paragraph, sentence, clause or
phrase of this local law is declared by any court of com-
petent jurisdiction to be invalid, such invalidity shall not
affect any other portion of this local law. The Town Board
hereby declares that it would have adopted every section,
subsection, paragraph, sentence, clause and phrase of this
local law regardless of the fact that any other section,
subsection, paragraph, sentence, clause or phrase be
declared invalid.
C. The validity of any word, section, clause, sentence, part or
provision of this local law shall not affect the validity of
any other part of this local law which can be given effect
without such invalid part or parts.
D. The penalties prescribed in this local law shall be in ad-
dition to and not in substitution of the rights and remedies
of the Town of Mamaroneck, its inhabitants and the Water
Control Commission in actions at law or in equity to •
restrain violations or threatened violations of this local law
and to obtain damages therefor.
E. Effective date. This local law shall become effective im-
mediately and shall apply to all freshwater wetlands within
the jurisdiction of the Town of Mamaroneck.
8810 8-25-79
§ 88-8 WETLANDS § 88-8
§ 88-8. Enforcement.
The provisions of Title 23 of Article 71 of the Environmental
Conservation Law of the State of New York known as "En-
forcement of Title 24,"as stated in that law, shall be applicable to
the enforcement of this local law.
1111
11111
8811 8-25-79
ZONING
Chapter 89
ZONING1
ARTICLE I
General
§ 89-1. Purposes.
§ 89-2. Word usage.
§ 89-3. Definitions.
ARTICLE II
Districts
§ 89-4. Establishment.
§ 89-5. Zoning Map.
§ 89-6. Boundaries.
§ 89-7. Divided properties.
ARTICLE III
Regulations
§ 89-8. Application.
§ 89-9. Conformity required.
§ 89-10. Lot requirements.
§ 89-11. Yards and open spaces.
§ S9-12. Lot subdividing.
® § 89-13. Irregularly shaped lots.
1 Editor's Note: For additional regulations concerning zoning, see Ch. 11, Bowl-
ing Alleys, § 11-3; Ch. 14, Building Code, §§ 14-2B, 14-2C, 14-4P, 14-GA, 14-7D, 14-8,
14-9, 14-11, 14-102, 14-102B, 14-102C, 14-102D, 14-102E, 14-103, 14-103E, 14-104, 14-108A,
14-108B, 14-133, 14-137 and 14-138; Ch. 37, House Trailer, Trailer Camps and
Tourist Camps, §§ 37-4B, 37-4E, 37-7 and 37-10; and Ch. 41, Licensed Occupations,
§41-1B.
8901
MAMARONECK CODE
§ 89-14. Required street frontage.
§ 89-15. Zoning modifications.
§ 89-16. Tidewater areas.
§ 89-17. Usable open space.
§ 89-18. Accessory uses.
§ 89-19. Schedule of regulations.
ARTICLE IV
Residence Districts: Permitted Uses
§ 89-20. One-Family Residence Districts: R-30, R-20, R-15, R-10,
R-7.5.
§ 89-21. One-Family Residence District: R-6.
§ 89-22. Two-Family Residence District: R-2F.
§ 89-23. Garden Apartment District: R-GA.
§ 89-24. Attached Residence District: R-A.
§ 89-25. Tower Apartment District: R-TA.
ARTICLE V
Business and Industrial Districts: Permitted Uses
§ 899-26. Office Building District: OB-1.
§ 89-27. Office Building District: OB-2.
§ 89-28. Business District: B.
§ 89-29. Light Industry District: LI.
ARTICLE VI •
Residence Districts: Construction Requirements
§ 89-30. One-Family Residence District: R-30.
§ 89-31. One-Family Residence District: R-20.
8902
•
ZONING
§ 89-32. One-Family Residence District:R-15.
§ 89-33. One-Family Residence District:R-10.
§ 89-34. One-Family Residence District:R-7.5.
§ 89-35. One-Family Residence District: R-6.
§ 89-36. Two-Family Residence District: R-2F.
• § 89-37. Garden Apartment District:R-GA.
§ 89-38. Attached Residence District: R-A.
§ 89-39. Tower Apartment District: R-TA.
ARTICLE VII
Business and Industrial Districts: Construction Requirements
§ 89-40. Office Building Districts: OB-1 and OB-2.
§ 89-41. Business District: B.
• § 89-42. Light Industry District: LI.
ARTICLE VIII
Supplementary Regulations
§ 89-43. General.
§ 89-44. Yards, setbacks and courts.
§ 89-45. Height exceptions.
§ 89-46. Minimum house size.
§ 89-47. Dwellings in house trailers and accessory buildings.
•
ARTICLE IX
Special-Use Permits
§ 89-48. General.
§ 89-49. Applications.
8903 11-25-85
s
MAMARONECK CODE
§ 89-50. Requirements.
§ 89-51. Hearings.
§ 89-52. Conditions and safeguards.
§ 89-53. Expiration of permits.
ARTICLE X •
Nonconforming Uses
§ 89-54. Continuing existing uses.
§ 89-55. Use of land.
§ 89-56. Use of buildings.
§ 89-57. Deviations.
§ 89-58. Undersize lots.
§ 89-59. Damaged buildings.
§ 89-60. Nonconforming signs.
§ 89-61. Completion of buildings under construction.
§ 89-62. Existing special uses deemed conforming.
ARTICLE XI
Off-Street Parking, Loading and Vehicular Access
§ 89-63. General.
§ 89-64. Required space to be shown on plan.
§ 89-65. Existing buildings and uses.
§ 89-66. Off-street parking requirements.
§ 89-67. Layout and location of off-street parking facilities. •
§ 89-68. Improvement of parking facilities.
§ 89-69. Operation and maintenance of off-street parking fa-
cilities.
§ 89-70. Off-street loading requirements.
8904 11-25-85
ZONING
ARTICLE XII
Administration and Enforcement
§ 89-71. Enforcement.
§ 89-72. Records and reports.
§ 89-73. Building permits.
411) § 89-74. Certificate of occupancy.
§ 89-75. Building permits issued prior to adoption of ordinance.
§ 89-76. Violations and penalties.
§ 89-77. Board of Appeals.
§ 89-78. Appeals: how taken.
§ 89-79. Fee for advertising hearing.
ARTICLE XIII
Amendments
§ 89-80. Procedure.
§ 89-81. Effect on issuance of permits.
ARTICLE XIV
Site Plan Approval
§ 89-82. Site plan approval required.
ARTICLE XV
Miscellaneous
§ 89-83. Severability.
§ 89-84. Short title.
[HISTORY: Adopted by the Town Board of the Town of Ma-
maroneck 6-29-59.Amendments noted where applicable.]
8905 11-25-85
§ 89-1 MAMARONECK CODE § 89-1
ARTICLE I
General
§ 89-1. Purposes.
There is hereby established a Comprehensive Zoning Plan for the
unincorporated part of the Town of Mamaroneck, New York (here-
inafter referred to as the"town"), which plan is set forth in the text,
map and schedules which constitute this ordinance. Said plan is
adopted for the purposes set forth in Article 16, Chapter 62, of the
Consolidated Laws of the State of New York, and more particularly
for the protection ad promotion of the public health, safety and wel-
fare, as follows:
A. To guide the future growth and development of the town in
accordance with a Comprehensive Plan of land use and popu-
lation density that represents the most beneficial and conve-
nient relationships among the residential, commercial and
public areas within the town, considering the suitability of
the various uses in each area and the potentiality for such
uses as indicated by existing conditions and trends in popula-
tion, having regard for the use of land, building development
and economic activity, with such conditions and trends being
considered both within the town and in relation to adjoining
areas.
B. To provide adequate light, air and privacy; to secure safety
from fire and other danger; and to prevent overcrowding of
the land and undue congestion of population.
C. To protect the character and the social and economic stability
of all parts of the town, and to ensure that all developments
shall be orderly and beneficial.
D. To protect and conserve the value of buildings in the various
districts established by this ordinance.
E. To bring about the gradual conformity of the uses of land and 1110
buildings throughout the town to the Comprehensive Zoning
Plan set forth in this ordinance, and to minimize conflicts
among the uses of land and buildings.
F. To promote the most beneficial relation between the uses of
land and buildings and the circulation of traffic
(Cont'd on page 8907)
8906 11-25-85
§ 89-1 ZONING § 89-2
throughout the town, having particular regard to .the
avoidance of congestion in the streets and the provision
of safe and convenient traffic access appropriate to the
various uses of land and buildings throughout the town.
G. To aid in providing a guide for public policy and action
• in the efficient provision of public facilities and services,
and for private enterprise in building development, invest-
ment and other economic activity relating to uses of land
and buildings throughout the town.
H. To limit development to an amount commensurate with
the availability and capacity of public facilities and
services.
§ 89-2. Word usage.
All words used in the present tense include the future tense;
all words in the plural number include the singular number; and
all words in the singular number include the plural number,
unless the natural construction of the wording indicates other-
wise. The word "lot" includes the word "plot," the word
"building" includes the word "structure," and the word "shall"
is mandatory and not directory. The word "person" includes
any legal entity as well as an individual. The word "use" shall
be deemed also to include "designed, intended or arranged to
be used." Unless otherwise specified, all distances shall be
• measured horizontally. The word "town" means the unincorpo-
rated part of the Town of Mamaroneck; the term "Town Board"
means the Town Board of said town; the term "Board of Ap-
peals" means the Board of Appeals of said town; the term
"Planning Board" means the "Town Planning Board" of said
town.
8907
§ 89-3 MAMARONECK CODE § 89-3
§ 89-3. Definitions.
For the purposes of this ordinance, certain words and terms
used herein are defined as follows:
ALTER — To change or rearrange the structural parts
or the exit facilities of a building or structure, including
extension on a side or increase in height, or the moving •
from one (1) location or position to another.
AREA, BUILDING — Total of areas taken on a horizontal
plane at the main grade level of principal buildings and
all accessory buildings, exclusive of uncovered porches,
parapets, steps and terraces.
BASEMENT — That portion of a building wholly or partly
underground and extending no more than five (5) feet
above finished grade.
BUILDING — Any structure having a roof and intended
for the shelter, housing or enclosure of persons, animals
or chattels.
BUILDING, ACCESSORY — A subordinate building, the
use of which is customarily incidental to that of a main
building on the same lot.
BUILDING, LENGTH — The horizontal distance between
the furthermost walls of a building, measured along or
parallel to the axis of its greatest dimension.
BUILDING, MAIN — A building in which is conducted •
the main or principal use of the lot on which said build-
ing is situated.
CLUB, MEMBERSHIP — An organization catering ex-
clusively to members and their guests for recreational,
8908
§ 89-3 ZONING § 89-3
athletic or social purposes which are not conducted
primarily for gain, providing that there are not con-
ducted any vending stands, merchandising or commercial
activities except as required generally for the member-
ship and purposes of such club.
COURT — An open, unoccupied space, other than a yard,
• on the same lot with a building or group of buildings and
which is bounded on two (2) or more sides by such build-
ing or buildings.
COURT, INNER — A court enclosed on all sides by the
exterior walls of a building.
COURT, OUTER — A court extending to a street line
or opening upon any front, side or rear yard.
COVERAGE — That percentage of the lot area covered
by the building area.
DISTRICT — The term "Residence District" shall mean
any district prefixed by "R." The term "Business Dis-
trict" shall mean any district prefixed by "B." The
term "Light Industry District" shall mean any district
prefixed by "L.I.," and the term "Office Building District"
shall mean any district prefixed by "O.B."
DWELLING — A building designed or used exclusively
as living quarters for one (1) or more families; the term
shall not be deemed to include motel, hotel, rooming house
or tourist home.
• DWELLING, ONE-FAMILY — A detached building con-
taining one (1) dwelling unit only.
DWELLING, TWO-FAMILY — A detached building con-
taining two (2) dwelling units only.
8909
§ 89-3 MAMARONECK CODE § _89-3
DWELLING, MULTIFAMILY — A building or portion
thereof containing three (3) or more dwelling units.
DWELLING UNIT — A building or portion thereof pro-
viding complete housekeeping facilities for one (1) family.
FAMILY — One (1) or more persons occupying a dwell-
ing unit and living as a single housekeeping unit in a •
domestic relationship based upon birth, marriage or other
domestic bond.
FLOOR AREA RATIO — The ratio of the aggregate floor
area of a building, exclusive of attic and basement areas
used only for storage or services incidental to the oper-
ation or maintenance of the building, to the site area of
the lot on which the building is located.
FRONTAGE — The extent of a building or of land along
a street.
FRONT SETBACK LINE — A line parallel to the front
lot line and at a distance therefrom equal to the minimum
front yard dimension for the district in which located.
GARAGE, PRIVATE — An accessory building or part of
a main building used only for the storage of motor vehicles
as an accessory use.
GARAGE, PUBLIC — A building or part thereof used
for the storage, care, repair or painting of motor vehicles
for remuneration, including any sale of motor vehicle ac-
cessories, fuels and lubricants, or where motor vehicles •
are kept for hire.
GASOLINE STATION — Any area of land, including
structures thereon, or any building or part thereof, that
is used for the sale of gasoline or other motor vehicle ac-
cessories, and which may or may not include facilities for
8910
§ 89-3 ZONING § 89-3
lubricating, washing, minor repairing or otherwise ser-
vicing motor vehicles, but not including painting or body
work.
GRADE, FINISHED — The finished grade at any point
along the wall of a building is the elevation of the com-
pleted surfaces of lawns, walks and roads adjoining the
• wall at that point.
HEIGHT OF BUILDING or STRUCTURE — The ver-
tical distance to the level of the highest point of the
roof's surface if the roof is flat or inclines not more
than one (1) inch vertical to one (1) foot horizontal, or
to the mean point between the eaves and the highest point
of the roof if of any other type, or to the highest point
of the structure if it has no roof, measured as follows:
A. If the building adjoins the front property line or
is not more than ten (10) feet distant therefrom:
Measured at the center of the front wall of the
building from the established grade of the curb;
or, if no grade has been officially established, from
the elevation of the existing curb; or, if no grade
has been officially established and no curb exists,
measured from the average level of the finished
ground surface across the front of the building.
B. If the building is more than ten (10) feet from the
front property line: Measured from the average
level of the finished grade adjacent to the exterior
walls of the building. Where the finished ground
• surface is made by filling, the level of such finished
grade, for the purpose of this definition, shall not
be deemed to be more than three (3) feet above
the established grade of the curb.
HOME OCCUPATION — Any use customarily conducted
entirely within .a dwelling and carried on only by the
8911
§ 89-3 MAMARONECK CODE § 89-3
residents thereof, which use is clearly incidental or secon-
dary to the use of the dwelling for dwelling purposes and
does not change the character thereof. The conducting
of a clinic, hospital, barbershop, beauty parlor, hairdress-
ing establishment, tearoom, tourist home, rooming house,
animal hospital or any similar use shall not be deemed
to be a home occupation. •
HOSPITAL — Unless otherwise specified, the term "hos-
pital" shall be deemed to include sanitarium, rest home,
nursing home, convalescent home and any other place
for the diagnosis, treatment or other care of human ail-
ments, but not including contagious diseases except, in-
cidentally, alcoholism, drug addiction, epilepsy or mental
diseases.
HOUSE TRAILER—Any portable or mobile vehicle used
or designed to be used for living or sleeping purposes.
The term "trailer" shall include such a vehicle if mounted
on temporary or permanent foundations, with or without
the wheels in place.
LOADING SPACE — Any off-street space available for
the parking of one (1) truck for loading or unloading
of goods, not less than fifteen (15) feet wide, forty (40)
feet long and fourteen (14) feet high, and having direct
usable access to a street or alley, except that where one
(1) such loading space has been provided, any additional
loading space lying alongside, contiguous to and not
separated from such first loading space need not be
wider than twelve (12) feet.
•
LOT — A parcel of land, not divided by streets, occupied
or to be occupied by a building or buildings and accessory
buildings, together with such open spaces as are required
under the provisions of this ordinance, and having its
principal frontage on a street or on such other means of
8912
§ 89-3 ZONING § 89-3
access as may be deemed, in accordance with the provision
of law, to be adequate as a condition of the issuance of
a building permit for a building on such land.
LOT, CORNER — A lot of which at least two (2) adjacent
sides abut on streets or public places. Any other lot is
• an interior lot. That portion of a corner lot in excess of
one hundred (100) feet from the widest street on which
lot abuts shall be considered an interior lot.
LOT, INTERIOR — A lot other than a corner lot.
LOT AREA — The total horizontal area included within
lot lines.
LOT DEPTH — The mean horizontal distance between
the front and rear lot lines, measured in the general direc-
tion of the side lot lines.
LOT WIDTH — The mean width of a lot measured at
right angles to its depth.
LOT LINES — The property lines bounding a lot as de-
fined herein.
LOT LINE, FRONT — The property line or lines sepa-
rating the lot from the street or streets.
MOTEL — A series of attached, semidetached or detached
dormitory units, without kitchen facilities, having a pri-
vate outside entrance for each unit, provided with an• auto-
mobile parking space convenient to each unit and pro-
viding lodging with or without meals and other incidental
services, for a transient clientele exclusively.
NONCONFORMING USE — A use of a building or of
land that does not conform to the regulations as to use
8913
§ 89-3 MAIMARONECK CODE § 89-3
in the district in which it is situated, which use was lawful
at the time this ordinance or amendments thereto became
effective.
NURSERY SCHOOL — A nursery school is a school de-
signed to provide daytime care and instruction to five (5)
or more children under six (6) years of age and registered •
by the State Education Department.
PARKING AREA — An off-street area containing one
(1) or more parking spaces, with passageways and drive-
ways appurtenant thereto. In general, there shall be an
average of about three hundred fifty (350) square feet
of parking area per parking space.
PARKING SPACE — An off-street space available for
the parking of one (1) motor vehicle on a transient basis,
having dimensions of not less•than nine by twenty (9 x 20)
feet, exclusive of passageways and driveways appurtenant
thereto, and giving access thereto and having direct
usable street access to a street or alley.
ROOMING HOUSE — Any building or portion thereof
containing more than two (2) and less than ten (10) rooms
without kitchen facilities that are used, rented or hired
out to be occupied or that are occupied for sleeping pur-
poses for compensation, whether the compensation be paid
directly or indirectly. The term "rooming house" shall
be deemed to include lodging house and boardinghouse,
but not tourist home, motel or multifamily dwelling. •
SIGN or SIGNS — As used in this ordinance means any
material or structure or part thereof composed of lettered
or pictorial matter, or upon which lettered or pictorial
matter is placed, which is used outside of or on the ex-
8914
§ 89-3 ZONING § 89-3
terior of any building, for.display of an advertisement,
announcement, notice, directional matter or name, and
includes signs, billboards, signboards, illuminated signs or
ground signs, but does not include signs erected and
maintained pursuant to and in discharge of any govern-
mental function. [Amended 4-17-63]
• STORY — That portion of a building included between
the surface of any floor and the surface of the floor next
above it, or, if there be no floor above it, then the space
between the floor and the ceiling next above it. A base-
ment shall be counted as a story if the ceiling is more
than five (5) feet above the level from which the height
of the building is measured, or if it is used for business
purposes, or for dwelling purposes by other than a janitor
or watchman and his family.
STORY, HALF — A story with at least two (2) opposite
exterior sides meeting a sloping roof not more than two
(2) feet above the floor of such story.
STREET — An existing state, county or town highway,
a street shown on a subdivision plat approved by the
Town Planning Board under Sections 276 and 277 of the
Town Law or a street on a plat duly filed and recorded
in the office of the County Clerk prior to the appointment
of the Planning Board and the grant to such Board of
the power to approve plats.
STREET LINE — The line separating the street from the
• property abutting such street.
STRUCTURE — Anything constructed or erected, the use
of which requires location on the ground or attachment
to something having location on the ground, including,
but not limited to, signs, swimming pools, tennis courts.
8915
§ 89-3 MAMARONECK CODE § 89-3
USABLE OPEN SPACE — A portion of the ground area
of a lot which is available and accessible to all occupants
of the building or buildings on said lot for outdoor recre-
ation use, which area is not devoted to driveways or
parking spaces, is at least twenty-five (25) feet in mini-
mum dimension and has no more than ten percent (10%)
of its area with a grade of more than five percent (5%).
•
USE — The specific purpose for which land or a build-
ing is designed, arranged, intended, or for which it is or
may be occupied or maintained. The term "permitted
use," or its equivalent, shall not be deemed to include
any nonconforming use.
USE, ACCESSORY — A use which is customarily in-
cidental and subordinate to the principal use of a lot
or a building and located on the same lot therewith and
limited to the uses specifically listed in the schedule of
permitted uses for the zoning district in which it is
located.
YARD — An open space of uniform width or depth on
the same lot with a building or group of buildings, which
open space lies between the building or group of build-
ings and the nearest lot line and is unoccupied and un-
obstructed from the ground upward, except for certain
features specified in § 89-44. In measuring a yard, as
hereinafter provided, the line of a building shall be
deemed to mean a line parallel to the nearest lot line,
drawn from a point of a building or the point of a group
of buildings nearest to such lot line, exclusive of certain •
features specified in the aforesaid section as not to be
considered in measuring yard dimensions or as being per-
mitted to extend into any front, side or rear yard, respec-
tively, and the measurement shall be taken at right angles
from said line of the building to the nearest lot line.
8916
§ 89-3 ZONING § 89-4
YARD, FRONT — A yard extending across the full width
of the lot and lying between the front line of the lot and
the nearest line of the building.
YARD, SIDE — A yard between the side line of the lot
and the nearest line of the building and extending from
the front yard to the rear yard or, in the absence of either
• of such yards, to the front and rear lot line, as the case
may be.
YARD, REAR — A yard extending across the full width
of the lot and lying between the rear line of the lot and
the nearest line of the building.
ARTICLE II
Districts
§ 89-4. Establishment.
The Town of Mamaroneck is hereby divided into the following
classes of districts:
R-30 Residence District (30,000 square feet)
R-20 Residence District (20,000 square feet)
R-15 Residence District (1'5,000 square feet)
R-10 Residence District (10,000 square feet)
R-7.5 Residence District ( 7,500 square feet)
R-6 Residence District ( 6,000 square feet)
R-2F Two-Family Residence District
R-GA Garden Apartment District
R-A Attached Residence District
• R-TA Tower Apartment District
OB-1 Office Building District
OB-2 Office Building District
B Business District
LI Light Industry District
8917
§ 89-5 MAMARONECK CODE § 89-6
§ 89-5. Zoning Map.2
Said districts are bounded and defined as shown on a sectional
map entitled "Official Zoning Map of the Town of Mamaroneck,
New York," adopted June 29, 1959, and certified by the Town
Clerk, which, with all explanatory matter thereon, is hereby
made a part of this ordinance.
•
§ 89-6. Boundaries.
Where uncertainty exists as to the locations of any boundaries
shown on the Zoning Map, the following rules shall apply:
A. District boundary lines are intended to follow streets,
rights-of-way, watercourses or lot lines, or be parallel or
perpendicular thereto, unless such district boundary lines
are fixed by dimensions as shown on the Zoning Map.
B. Where district boundaries are indicated as following ap-
proximately streets, rights-of-way or watercourses, the
center lines thereof shall be construed to be such bound-
aries.
C. The zoning classification of any water area within the
town inshore from the mean low tide line on the effective
date of this ordinance shall be deemed to be the same as
the classification of the adjoining land area, and the
zoning classification of any area extending outward from
the shore beyond the said mean low tide line shall be
R-30.
D. Where district boundaries are so indicated that they ap- •
proximately follow lot lines, such lot lines shall be con-
strued to be such boundaries.
8 Editor's Note: For amendments to the Zoning Map subsequent to its adoption,
consult copies on Sle at the Town Clerk's office.
8918
§ 89-6 ZONING § 89-8
E. In unsubdivided property or where a district boundary
divides a lot, the location of any such boundary, unless
the same is indicated by dimensions shown on said Map,
shall be determined by the use of the map scale shown
thereon.
• F. If the district classification of any land is in question, it
shall be deemed to be in the adjoining district which ap-
pears first in § 89-4.
§ 89-7. Divided properties.
Where a lot in one (1) ownership of record at the time of
the adoption of this ordinance or any amendment thereto is
divided by one (1) or more district boundary lines, the Board
of Appeals may permit the extension of a use or structure which
is a permitted use in one (1) portion of said lot, into the portion
in which it is not a permitted use, provided:
A. The lot has frontage on a street in the district in which
such use is permitted;
B. The extension does not come within one hundred (100)
feet of the street in the other district; and
C. Conditions and safeguards are attached to such permit
to protect existing or prospective development in the
latter district.
ARTICLE III
• Regulations
§ 89-8. Application.
In interpreting and applying this ordinance, the requirements
contained herein are declared to be the minimum requirements
for the protection of the public health, morals, safety, comfort,
8919
§ 89-8 MAMARONECK CODE § 89-11
convenience and general welfare. This ordinance shall not be
deemed to affect in any manner whatsoever any easements,
covenants or other agreements between parties, provided, how-
ever, that where this ordinance imposes a greater restriction
upon the use of buildings or land, or upon the erection, con-
struction, establishment, moving, alteration or enlargement of
buildings, than is imposed by other ordinances, rules, regulations, •
licenses, certificates or other authorizations or by easements or
covenants or agreements, the provisions of this ordinance shall
prevail. Except as hereinafter provided, the following general
regulations shall apply.
§ 89-9. Conformity required.
No building shall be erected, moved, altered, rebuilt or en
larged, nor shall any land or building be used, designed or
arranged to be used, for any purpose or in any manner except
in conformity with this ordinance for the district in which such
building or land is located. Any use not specifically permitted
by this ordinance is prohibited.
§ 89-10. Lot requirements.
Every building hereafter erected shall be located on a lot as
herein defined. There shall be not more than one (1) main build-
ing and its accessory buildings on one (1) lot, except for non-
residential buildings and multifamily dwellings in districts where
such uses are permitted.
§ 89-11. Yards and open spaces.
•
No yards or other open space provided about any building for,
the purpose of complying with the provisions of these regulations
shall be included as any part of the yard or open space for any
s Editor's Note: For additional regulations concerning yards, see § 89-44 of this
chapter.
8920
•
§ 89-11 ZONING § 89-14
other building; no yard or any other open space on one (1)
lot shall be considered as a yard or open space for a building
on any other lot.
§ S9-12. Lot subdividing.
• Should a lot hereafter be formed from the part of a lot already
occupied by a building, such separation shall be effected in such
manner as not to impair conformity with any of the requirements
of this ordinance with respect to the existing building and all
yards and other required spaces in connection therewith, and
no permit shall be issued for the erection of a building on the
new lot thus created unless it complies with all the provisions
of this ordinance.
§ 89-13. Irregularly shaped lots.
Where a question exists as to the proper application of any
of the regulations of this ordinance to a particular lot or parcel
because of peculiar or irregular shape of the lot or parcel, the
Board of Appeals4 shall determine how such regulations shall
be applied.
§ 89-14. Required street frontage.
No permit shall be issued for any structure unless the lot upon
which the structure is to be built has a frontage of at least the
minimum width prescribed for the zone in which located on
a street or highway, as defined in Section 280a of the Town
Law, which street or highway shall have been suitably improved
• or a bond posted therefor, as provided in said law, except where
the Planning Boards has approved a lesser width as part of a
subdivision plan, as authorized by § 89-15.
4 Editor's Note: For additional information concerning the Board of Appeals, see
$ 89-77 of this chapter.
5 Editor's Note: For additional information concerning the Planning Board, see
§ 89-15A of this chapter.
8921
•
§ 89-15 MAMARONECK CODE § 89-16
§ 89-15. Zoning modifications.
A. Simultaneously with the approval of a subdivision plat,
and pursuant to Section 281 of the Town Law, the Planning
Board6 is authorized to modify the zoning regulations with
respect to lot area and dimensions where, for reasons of
topography, shape or dimensions of the area to be sub- 411
divided, such modification would permit a better sub-
division layout, provided that the average size of all lots
shown on the subdivision plat shall be equal to or greater
than the required minimum area, that no more than
twenty percent (20%) of the lots shown on the plats
shall have less than the required minimum area, and that
no lot shall have less than eighty percent (80%) of the
minimum area specified in Articles IV through VII, and
further provided that no lot shall have a width at any
point or a street line frontage of less than twenty-five (25)
feet.
B. Each approved modification of the zoning regulations
shall be noted specifically on the plat, and a copy of
the plat shall be filed with the Town Clerk. Upon the
filing of said plat in the office of the County Clerk, the
approved modifications shall be recorded as a part of
this ordinance.
§ 89-16. Tidewater areas.
In areas adjacent to tidewater, no building or structure shall •
be erected with the elevation of a habitable floor lower than
five ('5) feet above mean high tide level.
6 Editor's Note: For additional regulations concerning the Planning Board, see
§§ 89-14, 89-49, 89-58C and 89-80 of this chapter; Ch. 14, Building Code,§ 14-102C;
and Appendix, Part I, Subdivision Plats, § 1.
8922
§ 89-17 ZONING § 89-20
§ 89-17. Usable open space.
Included in every lot hereafter developed in whole or in part
for residence, there shall be provided at least the area of usable
open space as defined herein and as specified in Articles IV
through VII for each dwelling unit.
• § 89-18. Accessory uses.
All accessory uses shall be located on the same lot with the
principal uses to which they are accessory.
§ 89-19. Schedule of regulations.7
The schedule of regulations, Articles IV through VII, which
defines the use of land and buildings, the height of buildings, the
yards and other open spaces to be provided contiguous to or in
connection with buildings, the area of lots, off-street parking
space, loading space and all other matters contained herein as
indicated for the various districts by this ordinance, is hereby
adopted and declared to be a part of this ordinance. The regu-
lations listed for each district as designated, reading from left
to right across the schedule, are subject to all other provisions
of this ordinance and, unless otherwise indicated, shall be deemed
to be the minimum requirements in every instance of their ap-
plication. Only those uses specifically listed as being permitted
shall be permitted.
ARTICLE IV
Residence Districts: Permitted Uses
§ 89-20. One-Family Residence Districts: R-30, R-20, R-15, R-10,
• R-7.5.
A. Principal uses.
(1) One-family dwellings.
7 Editor's Note: The Schedule of Regulations was converted into Articles IV
through VII, in accordance with the style of the Code.
8923
§ 89-20 MAMARONECK CODE § 89-20
(2) Churches and other places of worship.
(3) Public elementary and high schools.
(4) Water supply facilities.
B. [Amended 1-5-60] Special uses (subject to conformance
to additional standards as provided in § 89-49).
(1) Parochial and private elementary and high schools •
which meet the same site standards of the State Edu-
cation Department as a public school.
(2) Nursery schools.
(3) Nonprofit membership clubs.
(4) Public utilitysubstations serving the local area only,
and where it can be shown that it cannot be located
in a nonresidential district.
(5) Playground, park, parkway, parking lot, library, fire-
house, police station or other municipal use, not in-
cluding incinerators or dumps.
C. Accessory uses (when located on the same lot with the
principal rses to which they are accessory).
(1) Professional office of a physician, dentist, chiroprac-
tor, architect, engineer or similar professional person,
when conducted in a dwelling by the inhabitant
thereof, with not more than one (1) nonresident em-
ployee or associate in any dwelling.
(2) Keeping of not more than two (2) nontransient per-
sons as roomers or boarders in any dwelling, providing
no sign is displayed and no separate cooking facilities
shall be maintained in connection with such accessory •
use.
(3) Private garden house, garage, toolhouse, playhouse,
family swimming pool (as permitted by the Building
Code), tennis courts, greenhouse or similar private
8924
§ 89-20 ZONING § 89-23
accessory use, not used for commercial or public pur-
poses.
(4) Off-street parking in accordance with §§ 89-63 through
89-66.
(5) Parish house, rectory, Sunday-school rooms.
(6) Signs as provided in Article XIX of the Building
®
Code. [Amended 4-17-63]
§ 89-21. One-Family Residence District: R-6.
A. Principal uses.
(1) Same as § 89-20A above.
(2) Railways, not including switching, storage or freight
yards or sidings.
B. Special uses. Same as § 89-20B above.
C. Accessory uses. Same as § 89-20C above.
§ 89-22. Two-Family Residence District: R-2F.
A. Principal uses.
(1) Same as § 89-20A above.
(2) Two-family dwellings.
B. Special uses. Same as § 89-20B above.
C. Accessory uses. Same as § 89-20C above.
§ 89-23. Garden Apartment District: R-GA.
A. Principal uses.
(1) All principal uses permitted and regulated in § 89-22
above.
8925
§ 89-23 MAMARONECK CODE § 89-26
(2) Dwellings for more than two (2) families.
B. Special uses. Same as § 89-20B above.
C. Accessory uses. Same as § 89-20C above.
§ 89-24. Attached Residence District: R-A.
A. Principal uses. Same as § 89-23A above.
B. Special uses. Same as § 89-20B above.
C. Accessory uses. Same as § 89-20C above.
§ 89-25. Tower Apartment District: R-TA.
A. Principal uses.
(1) Same as § 89-23A above.
(2) Professional office of a physician, dentist, chiro-
practor, architect, engineer or similar professional
person.
B. Special uses. Same as § 89-20B above.
C. Accessory uses.
(1) Same as § 89-20C above.
(2) Self-service laundry for use of the residents of an
apartment building.
ARTICLE V
Business and Industrial Districts: Permitted Uses
§ 89-26. Office Building District: OB-1.
A. Principal uses. Any use permitted and as regulated in
§ 89-20A, except that there shall be no combination of
residence and business uses on the same lot.
8926
§ 89-26 ZONING § 89-28
B. Special uses (subject to conformance to additional stan-
dards as provided in § 89-49). Office buildings for business
and professional use, including administrative, scientific,
research and development, educational, statistical,
financial and similar activities, but not including
manufacturing or fabrication of products or the sale of
goods at wholesale or retail.•
C. Accessory uses.
(1) Any accessory use customarily incident to a permitted
use.
(2) Signs, exterior spotlighting or other illumination of
buildings as permitted by the Building Code.
[Amended 4-17-63]
§ 89-27. Office Building District: OB-2.
A. Principal uses: same as § 89-26A above.
B. Special uses: same as § 89-26B above.
C. Accessory uses: same as § 89-26C above.
§ 89-28. Business District: B.
A. Principal uses.
(1) Store for sale of goods at retail or performance of
customary personal services or service clearly in-
cidental to retail sales, but no fabrication or
manufacturing except incidental to and on the same
premises with such retail sales.
• (2) Restaurant, cafe or other place serving food and
beverages. [Repealed 6-2-76]
(3) Indoor recreation or amusement establishments.
(4) Business or professional offices.
(5) Sale or hire of new or used motor vehicles, but no used
car lot except as accessory to a new car dealer.
8927 8-25-79
•
§ 89-28 MAMARONECK CODE § 89-28
(6) Municipal uses.
(7) Public utility structures serving a local area.
B. Special uses (subject to conformance to additional stan-
dards as provided in § 89-49).
(1) Gasoline filling stations and garages, including
•
facilities for servicing and repair.
(2) Radio, television and other electronic transmission
structures and towers.
(3) Motels or hotels.
(4) Veterinary hospital, boarding and care of small pets.
(5) Undertaking and funeral homes.
(6) Newspaper printing and publishing.
(7) Automatic car-washing facilities as an adjunct to
existing gasoline filling stations and/or public
garages. [Added 12-1-65]
•
(8) Nursery use: for the sale of plants, trees, shrubbery,
nursery stock, seeds, nursery supplies, fertilizers, soil
conditioners, garden hand tools and accessories, and
gardener's masonry and incidental supplies (fruits,
vegetables and food not permitted). The land area
shall be sixty thousand (60,000) square feet or more if
used for nursery business purposes. [Added 5-5-76]
(9) Restaurants for the sale, service and consumption of
food and drinks on the premises, and all food and
drink services must be consumed in the principal
building. This regulation does not permit the use of
lunch wagons, hot dog stands, diners, dining cars,
411 fast-food operations, indoor counter-service
restaurants intended to cater to motor vehicle trade
which serve in disposable containers and provide on-
premises or off-premises parking. No outdoor table
service will be permitted. [Added 6-2-76]
8928 - -79
•
§ 89-28 ZONING § 89-29
C. Accessory uses.
(1) Any accessory building or use customarily incident to
a permitted use.
(2) Signs, exterior spotlighting or other illumination of
buildings as permitted by the Building Code.
• [Amended 4-17-63]
§ 89-29. Light Industry District: LI.
A. Principal uses.
(1) Nonresidential uses as permitted in the Business
District.
(2) Wholesale and storage business, provided that all
storage is in buildings.
(Cont'd on page 8929)
8928.1 8-25-79
§ 89-29 ZONING § 89-30
(3) Building, plumbing, electrical and similar contractor's
establishments.
(4) Laundry, dry cleaning.
(5) Industrial uses, including the manufacture, fabrication,
processing, converting, altering, assembly or other
• handling of products, the operations of which are con-
ducted solely within a building, use electrical power
solely and normally are such that they will not cause
or result in any:
(a) Dissemination of dust, smoke, observable gas or
fumes, odor, noise, vibration, radiation or inter-
ference with radio or television reception beyond
the limits of the building in which the use is
located.
(b) Hazard of fire or explosion or other physical
hazard.
(c) Harmful discharge of waste materials.
(d) Unusual traffic hazard or congestion due to the
type of vehicles required in the use or due to
the manner in which traffic enters or leaves the
site of the use.
B. Special uses. None.
C. Accessory uses. Same as § 89-28C above.
ARTICLE VI
• Residence Districts: Construction Requirements
§ 89-30. One-Family Residence District: R-30,
A. Lot requirements.
(1) Minimum lot area per dwelling unit: thirty thousand
(30,000) square feet.
8929
§ 89-30 MAMARONECK CODE § 89-30
(2) Minimum lot width and length of street-line frontage:
one hundred twenty-five (125) feet.
(3) Minimum depth of lot: one hundred fifty (150) feet.
B. Yards, courts and open spaces.
(1) Minimum front yard: fifty (50) feet. On a corner •
lot, a front yard shall be provided on each street.
(See § 89-44F.)
(2) Minimum side yards.
(a) Least one: twenty (20) feet.
(b) Total of two (2) : fifty (50) feet.
(c) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and located
on the rear one-third (1/3) of the lot may be
placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(3) Minimum rear yard: fifty (50) feet.
(a) A rear yard shall be provided on a corner lot,
and the owner shall have the privilege of elect-
ing which yard is to be the rear yard.
(b) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and •
located on the rear one-third (1/3) of the lot
may be placed at a minimum distance of five,(5)
feet from the property line. On a corner lot,
such accessory building shall not be located
nearer to the street line than the required mini-
mum front-yard setback for the zoning district.
8930
§ 89-30 ZONING § 89-31
(4) Minimum courts: as required by § 89-44G.
(5) Usable open space (in square feet per dwelling unit) :
one thousand two hundred (1,200).
C. Floor area. Minimum first-floor area in square feet.
(1) One (1) story: two thousand one hundred (2,100).
• (2) One and one-half (11/2) stories: one thousand eight
hundred (1,800).
(3) Two (2) and two and one-half (21/2) stories: one
thousand five hundred (1,500).
D. Maximum heights.
(1) In stories: two and one-half (21/2).
(2) In feet: thirty-five (35).
E. Off-street parking. Minimum number of off-street park-
ing spaces: as required by §§ 89-63 through 89-66.
§ 89-31. One-Family Residence District: R-20.
A. Lot requirements.
(1) Minimum lot area per dwelling unit: twenty thou-
sand (20,000) square feet.
(2) Minimum lot width and length of street-line frontage:
one hundred (100) feet.
(3) Minimum depth of lot: one hundred twenty-five (125)
• feet.
B. Yard's, courts and open spaces.
(1) Minimum front yard: forty (40) feet. On a corner
lot, a front yard shall be provided on each street.
(See § 89-44F.)
8931
§ 89-31 MAMARONE'CK CODE § 89-31
(2) Minimum side yards.
(a) Least one: fifteen (15) feet.
(b) Total of two (2) : forty (40) feet.
(c) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and
located on the rear one-third (1/3) of the lot may •
be placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(3) Minimum rear yard: forty (40) feet.
(a) A rear yard shall be provided on a corner lot,
and the owner shall have the privilege of elect-
ing which yard is to be the rear yard.
(b) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and
located on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five ('5) feet
from the property line. On a corner lot such
accessory building shall not be located nearer
to the street line than the required minimum
front-yard setback for the zoning district.
(4) Minimum courts: as required by § 89-44G.
(5) Usable open space (in square feet per dwelling unit) :
one thousand two hundred (1,200).
C. Floor area. Minimum first-floor area in square feet. •
(1) One (1) story: one thousand nine hundred (1,900).
(2) One and one-half (11/2) stories: one thousand seven
hundred (1,700).
8932
§ 89-31 ZONING § 89-32
(3) Two (2) and two and one-half (21/2) stories: one
thousand four hundred (1,400).
D. Maximum heights.
(1) In stories: two and one-half (21/2).
(2) In feet: thirty-five (35) feet.
E. 'Off-street parking. Minimum number of off-street park-
ing spaces: as required by §§ 89-63 through 89-66.
§ 89-32. One-Family Residence District: R-15.
A. Lot requirements.
(1) Minimum lot area per dwelling unit: fifteen thousand
(15,000) square feet.
(2) Minimum lot width and length of street-line frontage:
one hundred (100) feet.
(3) Minimum depth of lot: one hundred (100) feet.
B. Yards, courts and open spaces.
(1) Minimum front yard: forty (40) feet. On a corner
lot, a front yard shall be provided on each street.
(See § 89-44F.)
(2) Minimum side yards.
(a) Least one: ten (10) feet.
• (b) Total of two (2) : thirty (30) feet.
(c) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and lo-
cated on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
8933
§ 89-32 MAMARONECK CODE § 89-32
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(3) Minimum rear yard: twenty-five (25) feet.
(a) A rear yard shall be provided on a corner lot,
and the owner shall have the privilege of elect-
ing which yard is to be the rear yard.
(b) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and
located on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five (5)
feet from the property line. On a corner lot,
such accessory building shall not be located
nearer to the street line than the required mini-
mum front-yard setback for the zoning district.
(4) Minimum courts: as required by § 89-44G.
(5) Usable open space (in square feet per dwelling unit) :
one thousand two hundred (1,200).
C. Floor area. Minimum first-floor area in square feet.
(1) One (1) story: one thousand six hundred (1,600).
(2) One and one-half (11/2) stories: one thousand three
hundred (1,300).
(3) Two (2) and two and one-half (21/2) stories: one
thousand (1,000).
D. Maximum heights.
(1) In stories: two and one-half (21/2). •
(2) In feet: thirty-five (35).
E. Off-street parking. Minimum number of off-street park-
ing spaces: as required by §§ 89-63 through 89-66.
8934
§ 89-33 ZONING § 89-33
§ 89-33. One-Family Residence District: R-10.
A. Lot requirements.
(1) Minimum lot area per dwelling unit: ten thousand
(10,000) square feet.
(2) Minimum lot width and length of street-line frontage:
eighty-five (85) feet.
(3) Minimum depth of lot: one hundred (100) feet.
B. Yards, courts and open spaces.
(1) Minimum front yard: thirty (30) feet. On a corner
lot, a front yard shall be provided on each street.
(See § 89-44F.)
(2) Minimum side yards.
(a) Least one: ten (10) feet.
(b) Total of two (2) : twenty-five (2'5) feet.
(c) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and lo-
cated on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(3) Minimum rear yard: twenty-five (25) feet.
® (a) A rear yard shall be provided on a corner lot,
and the owner shall have the privilege of elect-
ing which yard is to be the rear yard.
(b) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and lo-
cated on the rear one-third (1/3) of the lot may
8935
§ 89-33 MAMARONECK CODE § 89-34
be placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(4) Minimum courts: as required by § 89-44G.
/110
(5) Usable open space (in square feet per dwelling unit) :
one thousand two hundred (1,200).
C. Floor area. Minimum first-floor area in square feet.
(1) One (1) story: one thousand four hundred (1,400).
(2) One and one-half (11) stories: one thousand one
hundred (1,100).
(3) Two (2) and two and one-half (21/2) stories: nine
hundred (900).
D. Maximum heights.
(1) In stories: two and one-half (21/2)•
(2) In feet: thirty-five (35).
E. 'Off-street parking. Minimum number of off-street park-
ing spaces: as required by §§ 89-63 through 89-66.
§ 89-34. One-Family Residence District: R-7.5.
A. Lot requirements.
(1) Minimum lot area per dwelling unit: seven thousand •
five hundred (7,500) square feet.
(2) Minimum lot width and length of street-line frontage:
seventy-five (75) feet.
(3) Minimum depth of lot: one hundred (100) feet.
8936
§ 89-34 ZONING § 89-34
B. Yards, courts and open spaces.
(1) Minimum front yard: thirty (30) feet. On a corner
lot, a front yard shall be provided on each street.
(See § 89-41F.)
(2) Minimum side yards.
(a) Least one: ten (10) feet.
(b) Total of two (2) : twenty (20) feet.
(c) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and lo-
cated on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five ('5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(3) Minimum rear yard: twenty-five (25) feet.
(a) A rear yard shall be provided on a corner lot,
and the owner shall have the privilege of elect-
ing which yard is to be the rear yard.
(b) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and
located on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five ('5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(4) Minimum courts: as required by § 89-44G.
(5) Usable open space (in square feet per dwelling unit) :
one thousand two hundred (1,200).
8937
§ 89-34 MAMAR'ONECK CODE § 89-35
C. Floor area. Minimum first-floor area in square feet.
(1) One (1) story: one thousand two hundred (1,200).
(2) One and one-half (11/2) stories: one thousand (1,000).
(3) Two (2) and two and one-half (21/2) stories: eight
hundred (800). •
D. Maximum heights.
(1) In stories: two and one-half (21/2).
(2) In feet: thirty-five (35).
E. Off-street parking. Minimum number of off-street park-
ing spaces: as required by §§ 89-63 through 89-66.
§ 89-35. One-Family Residence District: R-6.
A. Lot requirements.
(1) Minimum lot area per dwelling unit: six thousand
(6,000) square feet.
(2) Minimum lot width and length of street-line frontage:
sixty (60) feet.
(3) Minimum depth of lot: one hundred (100) feet.
B. Yards, courts and open spaces.
(1) Minimum front yard: thirty (30) feet. On a corner
lot, a front yard shall be provided on each street. •
(See § 89-44F.)
(2) Minimum side yards.
(a) Least one: eight (8) feet.
(b) Total of two (2) : eighteen (18) feet.
8938
§ 89-35 ZONING § 89-35
(c) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and
located on the rear one-third (1/3) of the lot
may be placed at a minimum distance of five
(5) feet from the property line. On a corner
lot, such accessory building shall not be located
nearer to the street line than the required mini-
• mum front-yard setback for the zoning district.
(3) Minimum rear yard: twenty-five (25) feet.
(a) A rear yard shall be provided on a corner lot,
and the owner shall have the privilege of elect-
ing which yard is to be the rear yard.
(b) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and lo-
cated on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(4) Minimum courts: as required by § 89-44G.
(5) Usable open space (in square feet per dwelling unit) :
one thousand two hundred (1,200).
C. Floor area. Minimum first-floor area in square feet.
(1) One (1) story: one thousand (1,000).
(2) One and one-half (11/2) stories: eight hundred (800).
• (3) Two (2) and two and one-half (21/2) stories: seven
hundred (700).
D. Maximum heights.
(1) In stories: two and one-half (21/2).
(2) In feet: thirty-five (35).
8939
§ 89-3'5 MAMARONECK CODE § 89-36
E. 'Off-street parking. Minimum number of off-street park-
ing spaces: as required by §§ 89-63 through 89-66.
§ 89-36. Two-Family Residence District: R-2F.
A. Lot requirements.
(1) Minimum lot area per dwelling unit: five thousand •
(5,000) square feet. [Any lot existing in the R-2F
Zone in single and separate ownership on June 29,
19'59, having at least seven thousand five hundred
(7,500) square feet, may be used for two-family
residence.]
(2) Minimum lot width and length of street-line frontage:
fifty (50) feet per dwelling unit. [Amended 4-17-63]
(3) Minimum depth of lot: one hundred (100) feet.
B. Yards, courts and open spaces.
(1) Minimum front yard: thirty (30) feet. On a corner
lot, a front yard shall be provided on each street.
(See § 89-44F.)
(2) Minimum side yards.
(a) Least one: eight (8) feet.
(b) Total of two (2) : eighteen (18) feet.
(c) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and
located on the rear one-third (1/3) of the lot may •
be placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
8940
§ 89-36 ZONING § 89-36
(3) Minimum rear yard: twenty-five (25) feet.
(a) A rear yard shall be provided on a corner lot,
and the owner shall have the privilege of elect-
ing which yard is to be the rear yard.
(b) An unattached accessory building not over one
1111 (1) story or fifteen (15) feet in height and lo-
cated on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(4) Minimum courts: as required by § 89-44G.
(5) Usable open space (in square feet per dwelling unit) :
one thousand two hundred (1,200).
C. Floor area. Minimum first-floor area in square feet.
(1) One (1) story: one thousand (1,000).
(2) One and one-half (11/2) stories: eight hundred (800).
(3) Two (2) and two and one-half (21/2) stories: seven
hundred (700).
D. Maximum heights.
• (1) In stories: two and one-half (21/2).
(2) In feet: thirty-five (35).
E. Off-street parking. Minimum number of off-street park-
ing spaces: as required by §§ 89-63 through 89-66.
8941
§ 89-37 MAMARONECK CODE § 89-37
§ 89-37. Garden Apartment District: R-GA.
A. Lot requirements.
(1) Minimum lot area per dwelling unit: three thousand
five hundred (3,500) square feet.
(2) Minimum depth of lot: one hundred fifty (150) feet. •
(3) Maximum coverage of lot: twenty percent (20%).
B. Yards, courts and open spaces.
(1) On a corner lot, a front yard shall be provided on
each street. (See § 89-44F.)
(2) Minimum side yards.
(a) Least one: fifty ('50) feet.
(b) Total of two (2) : one hundred (100) feet.
(c) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and
located on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(3) Minimum rear yard: forty (40) feet.
(a) A rear yard shall be provided on a corner lot,
and the owner shall have the privilege of elect-
ing which yard is to be the rear yard. •
(b) An unattached accessory building not over one
(1) story or fifteen (1'5) feet in height and
located on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five (5) feet
8942
§ 89-37 ZONING § 89-38
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(4) Minimum courts: as required by § 89-44G.
• (5) Usable open space (in square feet per dwelling unit) :
four hundred (400).
C. Floor area. Minimum floor area per dwelling unit: an
average of seven hundred fifty (750) square feet per
dwelling unit.
D. Maximum heights.
(1) In stories: two and one-half (21/2).
(2) In feet: thirty-five (35).
E. Off-street parking. Minimum number of off-street park-
ing spaces: as required by §§ 89-63 through 89-66.
§ 89-38. Attached Residence District: R-A.
A. Lot requirements.
(1) Minimum lot area per dwelling unit: two thousand
five hundred (2,500) square feet.
(2) Minimum depth of lot: one hundred (100) feet.
• (3) Maximum coverage of lot: twenty percent (20%).
B. Yards, courts and open spaces.
(1) Minimum front yard: thirty (30) feet. On a corner
lot, a front yard shall be provided on each street.
(See § 89-44F.)
8943
§ 89-38 MAMARONECK CODE § 89-38
(2) Minimum side yards.
(a) Least one: fifteen (15) feet.
(b) Total of two (2) : thirty (30) feet.
(c) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and •
located on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(3) Minimum rear yard: twenty-five (25) feet.
(a) A rear yard shall be provided on a corner lot,
and the owner shall have the privilege of elect-
ing which yard is to be the rear yard.
(b) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and
located on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(4) Minimum courts: as required by § 89-44G.
(5) Usable open space (in square feet per dwelling unit) : •
three hundred (300).
C. Floor area. Minimum floor are`a per dwelling unit: an
average of seven hundred fifty (750) square feet per
dwelling unit.
8944
§ 89-38 ZONING § 89-39
D. Maximum heights.
(1) In stories: two and one-half (21/2).
(2) In feet: thirty-five (3'5).
E. Off-street parking. Minimum number of off-street park-
® ing spaces: as required by §§ 89-63 through 89-66.
§ 89-39. Tower Apartment District: R-TA.
A. Lot requirements.
(1) Minimum lot area per dwelling unit: one thousand
five hundred (1,500) square feet.
(2) Minimum depth of lot: one hundred (100) feet.
(3) Maximum coverage of lot: twenty percent (20%).
B. Yards, courts and open spaces.
(1) Minimum front yard: fifteen (15) feet. On a corner
lot, a front yard shall be provided on each street.
(See § 89-44F.)
(2) Minimum side yards.
(a) One and one-half (11/2) inches per foot of build-
ing height, but not less than five (5) feet or one
(1) inch for each foot of building length, mini-
® mum of ten (10) feet from a street.
(b) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and lo-
cated on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
8945
§ 89-39 MAMARONECK CODE § 89-39
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(3) Minimum rear yard: three (3) inches per foot of
building height, but not less than fifteen (15) feet.
(a) A rear yard shall be provided on a corner lot, •
and the owner shall have the privilege of elect-
ing which yard is to be the rear yard.
(b) An unattached accessory building not over one
(1) story or fifteen (15) feet in height and lo-
cated on the rear one-third (1/3) of the lot may
be placed at a minimum distance of five (5) feet
from the property line. On a corner lot, such
accessory building shall not be located nearer to
the street line than the required minimum front-
yard setback for the zoning district.
(4) Minimum courts: as required by § 89-44G.
(5) Usable open space (in square feet per dwelling unit) :
two hundred (200).
C. Floor area. Minimum floor area per dwelling unit: an
average of seven hundred fifty (750) square feet per
dwelling unit.
D. Maximum heights.
(1) In stories: six (6). •
(2) In feet: seventy (70).
E. Off-street parking. Minimum number of off-street park-
ing spaces: as required by §§ 89-63 through 89-66.
8946
§ 89-40 ZONING § 89-40
ARTICLE VII
Business and Industrial Districts: Construction Requirements
§ S9-40. Office Building Districts: OB-1 and OB-2.
A. Lot requirements.
(1) Minimum lot area.
•
(a) OB-1: one and five-tenths (1.5) acres.
(b) OB-2: two and five-tenths (2.5) acres.
(2) Minimum width at front setback line: two hundred
(200) feet.
(3) Maximum building coverage: fifteen percent (15%).
B. Minimum yards.
(1) Front yards: fifty (50) feet.
(a) No parking shall be permitted in front of any
building unless the building setback from the
street is at least seventy-five (75) feet.
(b) Wherever a front, side or rear yard abuts a non-
residential district or abuts a street, the opposite
side of which is in a nonresidential district, such
yard may be reduced to not less than fifteen (15)
feet.
(2) Side yards: fifty (50) feet each.
(a) Some planting requirement as for business where
a lot adjoins a residence district or abuts a street,
the opposite side of which is in a residence dis-
trict.
(b) Wherever a front, side or rear yard abuts a
nonresidential district or abuts a street, the op-
posite side of which is in a nonresidential dis-
trict, such yard may be reduced to not less than
fifteen (15) feet.
8947
§ 89-40 MAMARONECK CODE § 89-40
(3) Rear yards: fifty (50) feet [except that this may be
reduced to twenty-five (25) feet next to a railroad].
(a) Some planting requirement as for business where
a lot adjoins a residence district or abuts a
street, the opposite side of which is in a residence
district.
(b) Wherever a front, side or rear yard abuts a non •
-
residential district or abuts a street, the opposite
side of which is in a nonresidential district, such
yard may be reduced to not less than fifteen (15)
feet.
C. Maximum floor area (as a percentage of lot area) : thirty-
five percent (35%).
D. Maximum heights.
(1) In stories: two and one-half (21/2).
(2) In feet: thirty-five (35).
E. Minimum number of off-street parking spaces: see §§ 89-63
through 89-66.
F. Minimum off-street loading space: see § 89-70.
G. Other provisions and requirements:
(1) All permitted storage, except for the parking of
motor vehicles, shall be entirely within a building.
(2) All lighting shall be so located and shaded that the
light source itself is not visible beyond the boun-
daries of the lot upon which it is located.
(3) Parking areas shall be permanently and suitably
screened with evergreen planting and shall be set
back from all lot boundaries a distance sufficient to
provide a space for such planting.
8948
• § 89-40 ZONING § 89-41
(4) Access and service drives shall be laid out in such a
manner that connections with the street or streets
on which the lot has frontage are located and de-
signed so as to avoid unsafe conditions or traffic
congestion. Except where no other street access is
available, no entrance or exit drive shall be allowed
from any street, the opposite side of which abuts a
residential district.
(5) No building permit or certificate of occupancy shall
be issued for any office building or accessory build-
ing or use except in accordance with a plan of devel-
opment, architectural design and landscaping, ex-
terior lighting or signs, approved by the Town Board
following recommendations by the Planning Board
and Board of Architectural Review, as provided in
§ 89-49E of this ordinance.
® § 89-41. Business District: B.
A. Lot requirements.
(1) Minimum lot area: none.
(2) Minimum width at front setback line: none.
(3) Maximum building coverage: twenty-five percent
(25%).
B. Minimum yards.
(1) Front yards: none, but no parking shall be permitted
• in front of any building unless the building setback
from the street line is at least seventy-five (75) feet.
(2) Side yards:
(a) No side yard required, but if provided shall be
at least four (4) feet; except where a lot adjoins
8949
§ 89-41 MAMARONECK CODE § 89-41
a residence district, there shall be a side yard
of at least ten (10) feet, which shall be perman-
ently and suitably planted with evergreens to
form a landscaped screen.
(b) A corner lot adjacent to a residence district shall
have a minimum setback of five (5) feet from the
street upon which said residence district has
frontage.
(3) Rear yards: no rear yard required, except where a
lot adjoins a residence district, in which case the rear
yard shall be at least twenty-five (25) feet, at least
ten (10) feet of which shall be permanently, suitably
planted with evergreens to form a landscaped screen.
C. Maximum floor area (as a percentage of lot area) : fifty
percent (50%).
D. Maximum heights.
(1) In stories: two (2).
(2) In feet: thirty (30).
E. Minimum number of off-street parking spaces: see §§ 89-63
through 89-66.
F. Minimum off-street loading space: see § 89-70.
G. Other provisions and requirements:
(1) All permitted storage, except for the parking of •
motor vehicles, shall be entirely within a building.
(2) All lighting shall be so located and shaded in a
manner that the light source itself is not visible be-
yond the boundaries of the lot on which it is located.
8950
§ 89-42 ZONING § 89-42
§ 89-42. Light Industry District: LI.
A. Lot requirements.
(1) Minimum lot area: none.
(2) Minimum width at front setback line: none.
• (3) Maximum building coverage: fifty percent (50%).
B. Minimum yards.
(1) Front yards: none.
(2) Side yards:
(a) No side yard required, but if provided shall be
at least four (4) feet; except where a lot adjoins
a residence district, there shall be a side yard
of at least ten (10) feet, which shall be perman-
ently and suitably planted with evergreens to
form a landscaped screen.
(b) A corner lot adjacent to a residence district shall
have a minimum setback of five (5) feet from the
street upon which said residence district has
frontage.
(3) Rear yards: No rear yard required, except where a
lot adjoins a residence district, in which case the
rear yard shall be at least twenty-five (25) feet, at
least ten (10) feet of which shall be permanently,
suitably planted with evergreens to form a landscaped
screen.
• C. Maximum floor area (as a percentage of lot area) : one
hundred percent (100%).
D. Maximum heights.
(1) In stories: two (2).
(2) In feet: thirty (30).
8951
§ 89-42 MAMARONECK CODE § 89-44
E. Minimum number of off-street parking spaces: see §§ 89-63
through 89-66.
F. Minimum off-street loading space: see § 89-70.
G. Other provisions and requirements:
(1) All permitted storage, except for the parking of •
motor vehicles, shall be entirely within a building.
(2) All lighting shall be so located and shaded in a
manner that the light source itself is not visible
beyond the boundaries of the lot on which it is
located.
ARTICLE WTI
Supplementary Regulations
§ 89-43. General.
The provisions of this ordinance shall be subject to such ex-
ceptions, additions or modifications as herein provided by the
following general supplementary regulations.
§ 89-44. Yards, setbacks and courts.'
A. Terraces and porches. A paved terrace, not more than
six (6) inches above the level of the ground upon which
it rests, whether adjacent to a dwelling or not, shall not
be considered in the determination of yard size or lot •
coverage; provided, however, that such terrace is un-
roofed and without walls, parapets or other forms of
enclosures; but such terraces may have an open guardrail
not over three (3) feet high and shall not project into
8 Editor's Note: For additional regulations concerning yards and courts, see
§ 89-11 of this chapter; and Ch. 14, Building Code, §§ 14-22 and 14-38F.
8952
§ 89-44 ZONING § 89-44
any yard to a point closer than five(5) feet from any side or
rear lot line. Any porch, either open or enclosed, shall be
considered a part of the building in the determination of
the size of the yard or the amount of lot coverage.
[Amended 4-17-63]
B. Projecting architectural features. Cornices, eaves, chim-
• neys, bay windows, windowsills, belt courses and other
architectural features may project not more than two (2)
feet into any required yard. The sum of any bay window
projections on any wall shall not exceed one-fourth (1/4) the
length of such wall, and no such projecting bay window
shall have a total length of more than ten (10) feet nor be
more than one (1) story in height.
C. Fire escapes. Open fire escapes may extend into any
required yard not more than six (6) feet; provided,
however, that such fire escape shall not be closer than four
(4) feet at any point to any lot line.
D. Walls and fences.' The yard requirements of this ordinance
shall not be deemed to prohibit any necessary retaining
wall nor to prohibit any fence or wall, provided that in any
residence district such fence or wall shall not exceed four
(4) feet in height in any required yard, except where ap-
proved by the Board of Appeals. Walls and fences are
subject to § 89-44E.
E. Visibility at intersections.At any street intersection in any
residential district, no fence, wall or other structure or
planting more than three (3) feet in height shall be erected,
placed or maintained within the triangular area formed by
the intersecting street lines and a straight line joining said
street lines at points which are thirty (30) feet distant from
• the point of intersection, measured along said street line.
The height of three (3) feet shall be measured above the
road surface at the nearest edge of the road. This sub-
section shall not apply to existing trees, provided that no
branches are closer than six (6) feet to the ground. This
provision shall be in addition to the provisions of§ 46-2 of
Chapter 46.
' Editor's Note: See also Ch. 14, Building Code. Article XXI, for additional
provisions concerning fences.
8953 8-25-79
§ 89-44 MAMARONECK CODE § 89-45
F. Corner lots. On a corner lot in any residence district, there
shall be provided a yard on each street equal in depth to the
required front yard on such streets. A rear yard shall be
provided on each corner lot, and the owner shall elect which
yard is the rear yard.
G. Courts. The least dimension of any inner court at the sill
level of the lowest windows shall be equal to the height of
•
the highest wall forming a part of such court. The depth of
any outer court shall not exceed one-half (1/2) its width, and
such width shall not be less than fifteen(15) feet.
§ 89-45. Height exceptions.
A. The height limitations of this ordinance shall not apply to
spires, cupolas and domes of churches, nor to chimneys,
ventilators, skylights, water tanks, bulkheads or similar
features, and necessary mechanical or amateur electronic
devices and appurtenances usually carried above the roof
level. Such features, however, shall be erected only to such
heights as are necessary to accomplish the purpose they
are intended to serve, and the total area covered by such
features shall not exceed ten percent (10%) of the area of
the roof on which they are located. Exceptions to the ten-
percent area limitation may be provided for energy con-
servation devices; provided, however, that application for
any such exception shall not be treated as a request for a
variance under the Zoning Ordinance but shall be filed with
the Town Board as an application for a special-use permit
pursuant to§§ 89-48 through 89-53 of this Code. The Town
Board may refer any such application to other official
bodies for comment and recommendation before acting
thereupon. No structure having a height of more than
seventy (70) feet in an R-TA District or more than fifty (50)
•
feet in any other district shall be erected unless approved
by the Board of Appeals. [Amended 3-21-79]
B. The provisions of this ordinance shall not prevent the
erection above the building height limit of a parapet wall or
cornice, for ornament and without windows, extending
above such height limit not more than five (5) feet.
8954 8-25-79
§ 89-46 ZONING § 89-48
§ 89-46. Minimum house size. [Amended 4-17-63[
No dwelling unit erected or created by alteration subsequent to
the adoption of this ordinance shall have a first-floor area less
than that required in the schedule of regulations. Such floor area
shall include all floor area used for human occupancy within the
exterior walls of the building, as defined in the Building Code of
• the Town of Mamaroneck,' but shall not include open porches or
breezeways, garages, basements or uninhabitable attic space. For
the purpose of this section, the first-floor area of a split-level house
shall be deemed to be the total area of the lowest habitable floor or
floors. Where the second-story area, in square feet, used for
human occupancy exceeds the minimum first-floor area as
required by this section and the Schedule of Residence District
Regulations2 referred to in§ 89-19 of this ordinance, the minimum
house size in square feet shall be the area of the second story used
for human occupancy.
§ 89-47. Dwellings in house trailers and accessory buildings.
A. House trailers, as defined in this ordinance, shall be
prohibited from all districts,except that one (1) trailer may
be parked or stored in an enclosed accessory garage or
accessory building, provided that no living quarters shall
be maintained nor any business conducted in connection
therewith while such trailer is stored.
B. Any accessory building on the same lot with a main
residence building shall not be used for residence purposes,
except for domestic employees of the owners or of the
tenants of the main building who are employed on the
premises.
ARTICLE IX
Special Use Permits
§ 89-48. General.
The special uses for which conformance to additional standards
is required by this ordinance shall be deemed to be permitted
Editor's Note: See Ch. 14, Building Code.
2 Editor's Note: Included as Article VI of this chapter.
8955 -25-85
§ 89-48 MAMARONECK CODE § 89-49
uses in their respective districts, subject to the satisfaction of the
requirements and standards set forth herein, in addition to all
other requirements of this ordinance.All such uses are declared to
possess characteristics of such unique and special forms that each
specific use shall be considered as an individual case.
§ 89-49. Applications. [Amended 5-4-77; 12-19-84 by L.L. No. •
10, 1984]
A. Applications for required special permits shall be made to
the Planning Board. Such applications shall be accompanied
by a fee of one hundred dollars($100.) and be on a form pre-
scribed by the Planning Board requiring the following in-
formation:
(1) The name of the applicant and owner of the property.
(2) The location of the property, intersecting streets and the
Tax Map description.
(3) The present use at the proposed to/cation for special
permit.
(4) The proposed use at the location for the special permit.
(5) Any construction which will be required.
(6) A list of all other permits or applications which must be
made by the applicant in order to proceed with the use.
(7) The signature of the applicant with a certification that
the information contained in the application is true.
B. All applications shall be accompanied by an environmental
clearance form and environmental assessment form, both of
which shall be in such form as approved by the Planning
Board.
C. The application shall be accompanied by fifteen (15) sets of 4111
plans for the proposed development which shall show the lo-
cation of all buildings, parking areas, traffic access and circu-
lation drives, open spaces, landscaping, topography, special
features and any other pertinent information, including such
information about neighboring properties, that may be neces-
8956 11-25-85
§ 89-49 ZONING § 89-50
sary to determine and provide for the enforcement of this or-
dinance. The plans submitted shall contain a detailed archi-
tectural design of all buildings and a landscaping plan, as
well as plans and specifications for signs which the applicant
proposes to use in connection with the buildings to be erected.
D. The applicant shall submit a list of all property owners with-
• in a three-hundred-foot radius of the subject property, along
with their addresses and a certification that the applicant has
compared the names and addresses with the records main-
tained in the Town of Mamaroneck Assessor's office and that
said list contains the names and addresses of all owners of
property within a three-hundred-foot radius of the property
which is the subject of the application.
E. Upon receipt of an application, the Planning Board shall send
a copy of the application and plans to the Police Department,
Fire Department, Traffic Committee, Town Engineer, Build-
ing Inspector and any other agency it deems appropriate for
review and comment.
§ 89-50. Requirements. [Amended 12-19-84 by L.L. No. 10, 1984]
The Planning Board shall not grant a special permit unless, upon
public hearing, it determines the following:
A. That the proposed use is in general harmony with the sur-
rounding area and shall not adversely impact upon adjacent
properties due to the traffic generated by said use, or the ac-
cess of traffic from said use onto and off of adjoining streets.
B. The operations in connection with the special permit use will
not be more objectionable to nearby properties by reason of
noise, fumes, vibration, flashing of lights, or other aspects
than would be the operations of any permitted use not requir-
ing a special permit.
C. That the proposed special permit use will be in harmony with
the general health, safety, and welfare of the surrounding
area, and that by the nature of its particular location it will
not adversely impact upon surrounding properties or sur-
rounding property values.
8957 11-25-85
§ 89-50 MAMARONECK CODE § 89-53
D. That there are not existing violations of this ordinance on the
property which is the subject of the application.
§ 89-51. Hearings. [Amended 12-19-84 by L.L. No. 10, 1984]
A. Upon receipt of an application containing all necessary in-
formation and plans, the Planning Board shall, within sixty
(60) days of receipt of a completed application, hold a publicIII
hearing on said application upon ten (10) days notice pub-
lished in The Daily Times and with further notice by regular
mail to property owners within a three-hundred-foot radius of
the property in question.
B. Within sixty (60) days of the close of the public hearing, the
Planning Board shall render its decision, based upon the evi-
dence produced before it at the public hearing.
C. The Planning Board shall grant a special permit if it deter-
mines that the applicant complies with all requirements for
the issuance of a permit under this Zoning Ordinance.
§ 89-52. Conditions and safeguards. [Amended 12-19-84 by L.L.
No. 10, 1984]
The Planning Board shall attach such conditions and safeguards to
the special permit as are necessary to assure the continual confor-
mance with all applicable standards and requirements. All special
permits shall be issued for a period of no more than two(2)years and
that upon the expiration of the two-year period, the applicant must
apply for an extension of the special permit and demonstrate that
there has been no change in circumstances in the area which would
require the Planning Board to deny such extension.
§ 89-53. Expiration of permits. [Amended 12-19-84 by L.L. No. III
10, 1984]
A special permit shall be deemed authorized only for the particu-
lar use or uses specified and shall further permit only the applicant
to conduct such use. Should the applicant at any time cease to con-
8958 11-25-85
§ 80-53 ZONING § 89-58
duct the use for which u permit has been granted, then any other
poryoo, firm or corporation seeking to conduct said use at the aumo
location runat apply for uepeoiol permit for said use. Furtker, should
the use at any time be abandoned for uyeriod oY nine (9) nnontba,
then said permit is deemed to have expired and any other and furth-
er use on that property requiring uspecial permit shall only be per-
mitted after compliance with the requirements for an application for
u new porozit
.
(Cootdoo page 8959)
8958.1 n zo uo
§ 89-54 ZONING § 89-56
ARTICLE X
Nonconforming Uses
§ 89-54. Continuing existing uses.
Except as otherwise provided in this ordinance, the lawfully
• permitted use of land or buildings existing at the time of the
adoption of or any amendment to this ordinance may be con-
tinued although such use does not conform to the regulations
specified by this ordinance for the district in which such land
or building is located. Said uses shall be deemed nonconform-
ing uses.
§ 89-55. Use of land.
Where no building is involved, the nonconforming use of land
may be continued, provided, however, that no such nonconform-
ing use shall be enlarged or increased, nor shall it be extended
to occupy a greater area of land than that lawfully occupied
by such use at the time it became legally nonconforming, nor
shall any such nonconforming use be moved in whole or in part
to any other portion of the lot or parcel of land occupied by
such nonconforming use at the time of the adoption of the
provision of this ordinance that made it nonconforming; pro-
vided further, that if such nonconforming use of land or any
portion thereof ceases for any reason for any continuous period
of more than ninety (90) days, or is changed to a conforming
use, any future use of the land shall be in conformity with the
provisions of this ordinance. No nonconforming use of land
• shall be changed to another nonconforming use.
§ 89-56. Use of buildings.
A. A building or structure, the use of which does not conform
to the use regulations for the district in which it is
situated, shall not be enlarged or extended unless such
8959
§ 89-56 MAMARONECK CODE § 89-56
building or structure, including such enlargement or
extension, is made to conform to all regulations, including
use, for the district in which it is situated.
B. Such nonconforming building shall not be structurally
altered unless authorized under § 89-59 or unless such
alterations are required by law, provided, however, that •
such maintenance and repair work as is required to keep
a nonconforming building or structure in sound condition
shall be permitted; and provided further that any such
nonconforming use may be extended throughout any parts
of the building which were lawfully and manifestly ar-
ranged or designed for such use at the time of the adop-
tion of the provision of this ordinance that made said use
nonconforming.
C. A nonconforming use of a building may be changed only
to a conforming use.
D. If any nonconforming use of a building ceases for any
reason for a continuous period of more than one (1) year,
or is changed to a conforming use, or if the building in or
on which such use is conducted or maintained is moved
for any distance whatever, for any reason, then any future
use of such building shall be in conformity with the
regulations specified by this ordinance for the district in
which such building is located.
E. If any building in or on which any nonconforming use is
conducted or maintained is hereafter removed, the subse- •
quent use of the lot on which such building was located
and the subsequent use of any building thereon shall be
in conformity with the regulations specified by this
ordinance for the district in which such land or building
is located.
8960
§ 89-57 ZONING § 89-58
§ 89-57. Deviations.
A building that is conforming in use but does not meet the
height, yard, court, floor area, parking, loading, open space or
land coverage requirements of this ordinance shall not be con-
sidered to be nonconforming within the meaning of § 89-56.
• However, no permit shall be issued that will result in an in-
crease in the extent by which such building fails to meet such
requirements.
§ 89-58. Undersize lots.
A. A permit may be issued, subject to § 89-81, for the erec-
tion of a building housing a permitted use on any lot
existing in single separate ownership as of the date of
adoption of this ordinance or of any amendment thereto,
or as to which a valid conveyance or contract of sale has
been executed and delivered prior to such date, which lot
does not meet the requirements of this ordinance with
respect to area, depth, width or frontage, provided, how-
ever, that where the owner of any such lot also owned or
had under contract to purchase adjoining land on such
date, such other land or so much thereof as may be
necessary shall be combined with the original lot to make
a single lot meeting such requirements, if possible. Other-
wise, it shall be combined to make a lot which meets
such requirements to the fullest extent possible.
• B. In the case of a lot which does not meet the required
dimensions in a residence district, the minimum required
front and rear yards shall be those of the residence dis-
trict in which said lot's depth would meet the current
requirements, the minimum required side yards shall be
those of the residence district in which said lot's width
would meet the current requirements, and the minimum
8961
§ 89-58 MAMARONECK CODE § 89-59
required floor area shall be that of the residence district
in which said lot's area would meet the current require-
ments.
C. A permit may be issued for the erection of a building
housing a permitted use on any lot shown as a separate
parcel upon a subdivision map or plat duly approved by •
the Planning Board", of the Town of Mamaroneck and
recorded in the office of the County Clerk, Division of
Land Records, prior to the effective date of this ordinance,
provided, however, that the owner or subdivider has filed
with the Planning Board a bond for the completion of
the.street improvements and utilities as required by the
Planning Board under the provisions of Sections 277 and
278 of the Town Law, or, in the alternative, such street
improvements and utilities have been completed as required
by the Planning Board.
§ 89-59. Damaged buildings.
If any building shall be accidentally destroyed or damaged
due to fire, explosion or other cause to the extent of not more
than fifty percent (50%), above the foundations, of its repro-
duction value at the time of the damage, as determined by the
Building Inspector,15 it may be restored on its original founda-
tions, but if damaged or destroyed to a greater extent, it never-
theless may be rebuilt or restored to provide an equivalent
livable or usable area, but it shall conform to the side-yard
requirements in this ordinance, and if such building be a
dwelling, it shall not be nearer to the street than the average
distance of the dwellings on the lots adjacent thereto on each 411
side, or if there be none adjacent, the average of the two (2)
nearest dwellings on the same side of the street in the same
14 Editor's Note: For additional regulations concerning the Planning Board, see
§ 89-15A of this chapter.
15 Editor's Note: For additional information concerning the Building Inspector,
see § 89-71 of this chapter; and Ch. 14, Building Code, § 14-2.
8962
§.89-59 ZONING § 89-62
block, provided that such buildings when restored shall comply
with the structural requirements of the Building Code.Y6 This
section shall not apply unless such building is restored within
twelve (12) months of such damage or destruction.
§ 89-60. Nonconforming signs. [Amended 4-17-63]
• Notwithstanding the provisions of this ordinance or the Build-
ing Code17 of the Town of Mamaroneck as amended by this
resolution, nothing contained in this resolution shall affect the
status of signs which do not comply with the provisions of the
Zoning Ordinance adopted by the Town of Mamaroneck on
June 29, 1959, and effective on August 7, 1959, as of the date
of the adoption of this resolution, except that such signs may
continue in use not longer than the period permitted by §§ 14-105
and 14-108 of the Building CodeY8 as amended by this resolution.
§ 89-61. Completion of buildings under construction.
Any building for which a permit has been duly granted prior
to the effective date of any amendment to this ordinance which
makes such building nonconforming as to use or causes it to
deviate in other respects from the height, yard, court, floor area,
parking, loading, open space or land coverage requirements of
this ordinance, may be completed in accordance with the plans
on file with the Building Inspector, subject, however, to the pro-
visions of § 89-75 of this ordinance.
§ 89-62. Existing special uses deemed conforming.
[Amended 4-17-63]
• Any use lawfully existing on the effective date of this amended
ordinance or on the date of any subsequent amendment to this
ordinance, in the district in which such use is or was at that
16 Editor's Note: See Ch. 14, Building Code.
17 Editor's Note: See Ch 14, Building Code.
18 Editor's Note: See Ch 14, Building Code.
8963
§ 89-62 MAMARONECK CODE § 89-64
time classified in the ordinance as one requiring a special permit,
shall, without further action, be deemed to be a conforming use
in such district. Any extension of or addition to such use, or
any enlargement or extension of any building or structure, shall
be subject to the requirements of §§ 89-48 through 89-52, in-
clusive, of this ordinance, and said sections shall apply to such
extension, addition or enlargement of any use, building or
structure in like manner as to original permitted special uses. •
ARTICLE XI
Off-Street Parking,19 Loading and Vehicular Access
§ 89-63. General.
It is the intention of this ordinance that all structures and
land uses be provided with a sufficient amount of off-street
motor vehicle parking to meet the needs of persons employed at
or making use of such structures or and uses, and sufficient off-
street loading and unloading facilities to meet the needs of
such structures or land uses.
§ 89-64. Required space to be shown on plan.
The plans for any new building or any expansion of an exist-
ing building, when submitted for a building permit, shall show
specifically the location and size and type of improvement of the
off-street parking or loading space required to comply with this
ordinance, and the means of access to such space from the public
streets or highways. Except for one- and two-family residences,
no building permit shall be issued until such plan for parking
and loading space and access to it and required improvement is
approved by the Town Engineer, who shall determine that traffic
access, traffic circulation and general layout of the parking
19 Editor's Note: For additional regulations concerning parking, see Ch. 81,
Vehicle and Traffic, Article III.
8964
§ 89-64 ZONING § 89-65
facility are planned with regard to safety to traffic on the
public street, and safety and adequacy of access for cars and
pedestrians using the parking facility. No certificate of occu-
pancy shall be issued for any building or land use until the
required off-street parking space has been established.
• § 89-65. Existing buildings and uses.
A. Buildings and land uses in existence or for which build-
ing permits have been approved on the effective date of
this amended ordinance shall be subject to the parking
or loading space requirements of this ordinance on the
date of such permit or the date the use was established,
in the case of existing uses, provided that any parking
and loading facilities then existing to serve such structures
or uses shall not in the future be reduced, except where
they exceed such requirements, in which case they shall
not be reduced below such requirements. Required park-
ing and loading facilities shall, however, be provided as
a condition for the issuance of any building permit for
any enlargement of such structures or uses in the future,
but in the case of exceptional difficulty or unusual hard-
ship to such properties arising out of this requirement,
appeal may be made to the Board of Appeals.2° In act-
ing upon such case, the Board of Appeals shall require
such degree of compliance as it may deem reasonable for
that part of the structure or use that is legally noncon-
forming, but shall not waive any part of the requirement
for that part of the structure or use that constitutes an
• enlargement or expansion, and shall not permit reduction
or elimination of whatever quantity of parking may al-
ready be in existence unless it is in excess of require-
ments.
20 Editor's Note: For additional regulations concerning the Board of Appeals,
see § 89-77 of this chapter.
8965
§ 89-65 MAMARONECK CODE § 89-66
B. Required off-street parking facilities which, after de-
velopment, are later dedicated to and accepted by the
town, shall be deemed to continue to serve the uses or
structures for which they were originally provided.
§ 89-66. Off-street parking requirements.
A. Off-street motor vehicle parking facilities shall be pro- •
vided as follows, except as provided above or where addi-
tional parking requirements may be made as a condition
of the issuance of a special permit under § 89-49, in which
case provisions of that section shall apply.
Type of use Minimum requirements
One- and two- 1 space for each dwelling unit
family dwellings
Multifamily dwell- 11/2 outdoor spaces for each dwell-
ings for three or ing unit located within 200 feet by
more families the most direct walking route to,
and shall be readily accessible to,
the exterior entrance or entrances
of the multifamily dwelling units
they serve, and shall be in addition
to any other space located within
a garage [Amended 4-17-63]
Professional office 2 spaces in addition to spaces re-
or home occupation quired for residential units, except
permitted in a that medical or dental offices shall
residential zone as have 4 spaces for each doctor or
an accessory use dentist in addition to residential
parking requirements •
Rooming or board- 1 space for each guest sleeping room,
ing house plus 1 space per resident family
Hospital, clinic, 1 space for each patient bed, exclud-
sanitarium or ing bassinets, plus 1 space for each
8966
§ 89-66 ZONING § 89-66
Type of use Minimum requirements
convalescent home person employed in the building
Theater, audi- 1 space for each 5 seats or 200 square
torium, athletic feet in such place of assembly,
field or other place whichever would be greater
• of public assembly
other than a church
Church or other 1 space for each 5 seats or pew
place of worship spaces
Bowling alley 5 spaces for each alley
Other center of 1 space for every 200 square feet of
public amusement, floor space devoted to patron use
the capacity of
which cannot be
measured in terms
of seats
Restaurant or place 1 space for each 50 square feet of
dispensing food or floor space devoted to patron use
drink
Retail or service 1 space for each 100 square feet of
business floor space
Wholesale, storage, 1 space for each person for which
utility or other the building or use is designed
commercial building
or use
Office for business 1 space for each 200 square feet of
or professional use floor area
•
Funeral parlor or At least 10 spaces, plus 1 space for
undertaking each person working in such estab-
establishment lishment
B. Reasonable and appropriate off-street parking require-
ments for structures and land uses which do not fall
8967
§ 89-66 MAMARONECK CODE § 89-67
within the categories listed above shall be determined in
each case by the Board of Appeals, which shall consider
all factors entering into the parking needs of such use.
C. Where two (2) or more different uses occur on a single
lot, the total amount of parking facilities to be provided
shall be the sum of the requirements for each individual •
use on the lot, except that the Board of Appeals may
approve the joint use of parking space by two (2) or
more establishments on the same or on contiguous lots,
the total capacity of which space is less than the sum of
the spaces required for each, provided the Board finds
that the capacity to be provided will substantially meet
the intent of the requirements by reason of variation
in the probable time of maximum use by patrons or em-
ployees among such establishments, and provided such ap-
proval of such joint use shall be automatically terminated
upon the termination of the operation of any of such
establishments.
§ 89-67. Layout and location of' off-street parking facilities.
A. The required off-street parking facilities for structures
and land uses which are developed after the effective
date of the amended ordinance shall be provided on the
same lot or premises with such structure or land use;
except that off-street parking spaces required for struc-
tures or land uses on two (2) adjoining lots may be pro-
vided in a single common facility on one (1) or both of
said lots, and except that the Board of Appeals may
permit all or part of the required spaces to be located
on any lot within five hundred (500) feet of the building,
except in a residence district, if the Board determines
that it is impractical to provide parking on the same lot
with the building.
8968
§ 89-67 ZONING § 89-68
B. In any residence district, no unenclosed off-street parking
facility shall be developed within twenty-five (25) feet
of a front lot line, nor shall be developed within five (5)
feet of a side or rear lot line. Such driveway as is ade-
quate to give access to the principal dwelling, garage or
carport shall not be considered in determining the front,
• side or rear lot line. [Amended 4-17-63]
C. No parking in connection with any nonresidential use shall
be so located that motor vehicles may enter or leave the
parking area across a sidewalk" except at a point or
points approved as part of a plan, as required by § 89-64.
D. No parking required for a business use in a business dis-
trict may be provided in a residence district.
E. Parking areas shall be laid out so that vehicles" will not
be required to back into the public highway when leaving
the parking area.
§ $9-68. Improvement of parking facilities.
Required off-street parking facilities may be enclosed in a
structure or may be open, except as required specifically for
multifamily dwellings under § 89-66A, provided that all re-
quired parking facilities shall be graded, surfaced, drained and
suitably maintained to the satisfaction of the Town Engineer to
the extent necessary to avoid nuisances of dust, erosion or exces-
sive water flow across public ways or adjacent lands. The Town
Engineer may require the plan to provide for suitable markings
to indicate individual parking spaces, maneuvering area, en-
trances and exits.
21 Editor's Note: For additional regulations concerning sidewalks, see Ch. 73,
Streets and Sidewalks.
22 Editor's Note: For additional regulations concerning vehicles, see Ch. 81, Ve-
hicle and Traffic.
8969
§ 89-69 MAMARONECK CODE § 89-70
§ 89.69. Operation and maintenance of off-street parking
facilities.
Required off-street parking facilities shall be maintained as
long as the use or structure exists which the facilities are designed
to serve. Required parking areas developed for specific struc-
tures and uses shall be reserved at all times to those persons •
who are employed at or make use of such structures and land
uses, except when dedicated to and accepted by the town as
public parking areas.
§ 89-70. Off-street loading requirements.
Off-street loading and unloading facilities, as defined in this
ordinance and located on the same site with the use to be served,
shall be provided as follows:
A. For retail and service business establishments, restaurants
and other places serving food and beverages, where the
ground floor area exceeds two thousand (2,000) square
feet: one (1) space for the first four thousand (4,000)
square feet of floor area or major portion thereof used for
business purposes, and one (1) additional space for each
additional ten thousand (10,000) square feet of business
floor space or major portion thereof.
B. For wholesale businesses, storage warehouses, manufactur-
ing or industrial establishments: one (1) space for each
ten thousand (10,000) square feet or major portion thereof
used for such purposes. •
C. Reasonable and appropriate off-street loading requirement
for structures and land uses which do not fall within the
categories listed above shall.be determined, in each case,
by the Board of Appeals, which shall consider all factors
entering into the loading and unloading needs of such use.
8970
§ 89-71 ZONING § 89-72
ARTICLE XII
Administration and Enforcement
§ 89-71. Enforcement.
A. No board, agency, officer or employee of the town shall
issue, grant or approve any permit, license, certificate or
• other authorization, including special permits by the Town
Board, for any construction, reconstruction, alteration, en-
largement or moving of any building, or for any use of
land or building, that would not be in full compliance
with the provisions of this ordinance. Any such permit,
license, certificate or other authorization issued, granted
or approved in violation of the provisions of this ordinance
shall be null and void and of no effect, without the neces-
sity of any proceedings or revocation or nullification
thereof, and any work undertaken or use established
pursuant to any such permit, license or certificate or
authorization shall be unlawful, and no action shall be
taken by any board, agency, officer or employee of the
town purporting to validate any such violation.
B. This ordinance shall be enforced by the Building Inspec-
tor," in accordance with the provisions of this ordinance.
§ 89-72. Records and reports.
A. The Building Inspector shall keep a permanent record,
including all pertinent maps and plans, of all applications
for building permits and certificates of occupancy.
• B. The Building Inspector shall also keep a permanent record
of all violations of this ordinance, whether reported by
private citizens or by any board, agency, officer or em-
28 Editor's Note; For additional information concerning the Building Inspector,
see § 89-59 of this chapter.
8971
§ 89-72 MAMARONECK CODE § 89-73
ployee of the town, and such record shall show the dis-
position of all such violations.
C. The Building Inspector shall make a report to the Town
Board, in writing, at least once every three (3) months,
reporting the number and type of building permits and
certificates of occupancy issued, and listing all reported
or continuing violations of this ordinance and the dis-
position or pending action of such violations.
§ 89-73. Building permits.
A. No building or structure shall be erected, enlarged, struc-
turally altered, demolished, moved or removed, wholly
or partly, and no excavation for any building, structure
or use shall be made, until a permit therefor has been
issued by the Building Inspector. Except upon a written
authorization of the Board of Appeals," no such building
permit or certificate of occupancy25 shall be issued for
any building where such construction, addition, alteration,
moving or use thereof would be in violation of any of the
provisions of this ordinance.
B. A building permit shall be void if construction is not
started within a period of six (6) months and completed
within a period of two (2) years of the date of said per-
mit. [Amended 1-5-60]
C. There shall be submitted with all applications for building
permits three (3) copies of a layout or plot plan drawn
to scale, showing the actual shape and dimensions of the
•
lot to be built upon, the exact size and location on the
lot of the building and accessory buildings existing and
24 Editor's Note: For additional regulations concerning the Board of Appeals,
see § 89-77 of this chapter.
25 Editor'is Note: For additional regulations concerning certificate of occupancy,
see § 89-74 of this chapter.
8972
§ 89-73 ZONING § 89-74
the lines within which the building or structure is to be
erected or altered, the existing and intended use of each
building or part thereof, the number of families or house-
keeping units that a building is designed to accommodate,
and such other information with regard to the lot and
neighboring lots that may be necessary to determine and
provide for the enforcement of this ordinance. One (1)
• copy of such plan shall be returned to the owner when
such plans shall have been approved by the Building In-
spector. All dimensions shown on this plan relating to
the location and size of the lot to be built upon shall be
based on an actual survey, and the lot shall be staked
out on the ground before construction is started. The
Building Inspector, after inspection of the property, may
require information relative to the contours of the lot
where the building or buildings are to be located.
§ 89-74. Certificate of occupancy.26
A. It shall be unlawful for an owner to make or permit any
new use of land or to use or permit the use of any build-
ing or premises or part thereof created, erected, changed,
converted or enlarged, wholly or partly, in its use or
structure, after the effective date of this amended ordi-
nance, until a certificate of occupancy shall have been
issued by the Building Inspector. Such certificate shall
state that such building or premises or part thereof, and
the proposed use thereof, are in complete conformity with
the provisions of this ordinance. The lack of a certificate
of occupancy for buildings and uses existing as of the
• date of the adoption of this ordinance shall not, of itself,
be deemed to be noncompliance with this ordinance. It
shall be the duty of the Building Inspector to issue a
certificate of occupancy, provided that he is satisfied
26 Editor's Note: For additional regulations concerning certificate of occupancy,
see§§ 89-73A, 89-76 and 89-77C of this chapter; and Ch. 14, Building Code, § 14-4C.
8973
§ 89-74 MAMARONECK CODE § 89-75
that the building and the proposed use of the building or
premises conform with all the requirements herein set
forth. A certificate of occupancy shall be applied for
coincident with an application for a building permit.
B. A certificate of occupancy shall be deemed to authorize,
and is required for, both initial and continued occupancy •
and use of the building or land to which it applies, and
shall continue in effect as long as such building and the
use thereof or of such land is in full conformity with the
provisions of this ordinance and any requirements made
pursuant thereto.
C. The Building Inspector shall maintain a record of all
certificates, and copies shall be furnished, upon request,
to any person having a proprietary or tenancy interest
in the building affected. Upon written request from the
owner, the Building Inspector shall issue, a certificate of
occupancy for any building or premises, certifying, after
inspection, that the extent and kind of use and disposition
conform with the provisions of this ordinance.
§ 89-75. Building permits issued prior to adoption of ordinance.
[Amended 1-5-60]
All permits for buildings or structures issued prior to the
effective date of this ordinance shall be null and void unless
construction is started within a period of six (6) months from •
the date of the issuance of such permit, and completed within a
period of two (2) years from the date of issuance of such permit.
If building operations are discontinued for a period of six (6)
months or more, any further construction shall be in conformity
with all of the provisions of this ordinance.
8974
§ 89-76 ZONING § 89-76
§ 89-76. Violations and penalties.
A. Any owner, lessee, tenant, occupant, architect or builder,
or the agent of any of them, who violates or is accessory
to the violation of any provisions of this ordinance, or
who fails to comply with any of the requirements thereof,
• or who erects, constructs, alters, enlarges, converts or
moves, uses any building or uses any land, in violation of
any detailed statement or plans submitted by him and
approved under the provisions of this ordinance, shall be
guilty of an offense and shall be liable to a fine which
shall not exceed fifty dollars ($50.), or imprisonment for
a period not to exceed six (6) months, or by both such
fine and imprisonment. Each week's continued violation
shall constitute a separate additional violation. Violations
shall be prosecuted and penalties collected in the manner
prescribed by law or ordinance effective in the town.
[Amended 1-5-60]
B. Any building erected, constructed, altered, enlarged, con-
verted, demolished, moved or removed or used contrary
to any of the provisions of this ordinance, and any use
of any land or any building which is conducted, operated
or maintained contrary to any of the provisions of this
ordinance, shall be and the same is hereby declared to
be unlawful. The proper town authorities may institute
an injunction, mandamus, abatement or any other ap-
propriate action to prevent, enjoin, abate or remove such
erection, construction, alteration, enlargement, conversion
• or use in violation of any of the provisions of this ordi-
nance. Upon the failure or refusal of the proper local
officer, board or body of the town to institute any such
appropriate action or proceeding for a period of ten (10)
days after written request by a resident taxpayer of the
town to so proceed, any three (3) taxpayers of the town
residing in the district wherein such violation exists, who
8975
§ 89-76 MAMARONECK CODE § 89-77
are jointly or severally aggrieved by such violation, may
institute such appropriate action or proceeding in like
manner as such local officer, board or body of the town
is authorized to do. The Building Inspector shall serve
notice personally or by registered mail, and, if by mail,
it may be addressed to the owner or occupant of the
premises where such violation exists, at the address given •
by him upon the application for any permit required under
the provisions of this ordinance or the Building Code27
of the town, or to the last-known address of the owner
as shown by the records in the office of the Town Re-
ceiver of Taxes or in the office of the Register of the
County of Westchester, and if such violation does not
cease within such time as proper town authorities may
specify, and a new certificate of occupancy28 is not ob-
tained, they shall institute such of the foregoing action
as may be necessary to terminate the violation. Such
notice may also be served by posting on the premises.
The remedies provided for herein are cumulative and not
exclusive and shall be in addition to any other remedies
provided by law.
§ 89-77. Board of Appeals.99
A. Organization.
(1) A Board of Appeals, as heretofore established by the
Town Board, is hereby maintained.
(2) Said Board shall have the power to adopt from time •
to time such rules and procedure not inconsistent with
law, as it may determine to be necessary, to carry
87 Editor's Note: See Ch. 14, Building Code.
88 Editor's Note: For additional regulations concerning certificate of occupancy,
see§ 89-74 of this chapter.
29 Editor's Note: For additional information concerning the Board of Appeals,
see §§ 89-13, 89-65 and 89-73A of this chapter; and Ch. 37, Rouse Trailers, Trailer
Camps and Tourist Camps, §37-2A.
8976
§ 89-77 ZONING § 89-77
out the provisions of these regulations and to exercise
the authority vested in it by the Town Law.
B. Powers and duties. The Board of Appeals shall have all
the powers and duties prescribed by the Town Law and by
this ordinance, which powers and duties are summarized
• and more particularly specified as follows, provided that
none of the following provisions shall be deemed to limit
any of the power of the Board of Appeals that is con-
ferred by the Town Law.
(1) Interpretation. On appeal from an order, requirement,
decision or determination made by an administrative
official, to decide any question involving the inter-
pretation of any provision of this ordinance, including
determination of the exact location of any district
boundary line if uncertainty remains after reference
to the rules specified in Article II.
(2) Variances. Where the strict application of any of the
requirements of this ordinance in the case of an ex-
ceptionally irregular, narrow, shallow or steep lot,
or other exceptional physical conditions, would result
in practical difficulty or unnecessary hardship that
would deprive the owner of the reasonable use of the
land or the building involved, but in no other case,
the Board of Appeals shall have the power, upon ap-
peal, to vary or adjust the strict application of the
regulations or provisions of this ordinance. No vari-
ance in the strict application of any provisions of this
• ordinance shall be granted by the Board of Appeals
unless it finds:
(a) That there are special circumstances or conditions,
fully described in the findings of the Board of
Appeals, applying to the building or land for
8977
§ 89-77 MAMARONECK CODE § 89-77
which the adjustment is sought, which circum-
stances or conditions are peculiar to such land or
buildings and do not apply generally to land or
buildings in the district, and have not resulted
from any act of the applicant subsequent to the
date of adoption of the regulation or regulations
appealed from, whether in violation of the provi- •
sions herein or not.
(b) That, for reasons fully set forth in the findings
of the Board, the aforesaid circumstances or con-
ditions are such that the particular application of
the conditions of this ordinance would deprive
the applicant of the reasonable use of such land
or building and the granting of the adjustment
is necessary for the reasonable use of the land
or building, and that the adjustment as granted
by the Board is the minimum adjustment that will
accomplish this purpose.
(c) That the granting of the adjustment will be in
harmony with the general purposes and intent of
this ordinance, and will not be injurious to the
neighborhood or otherwise detrimental to the
public welfare.
C. Conditions and safeguards. In all cases where the Board
of Appeals authorizes the issuance of a building permit"
or certificate of occupancy31 under any of the above
powers, it shall be the duty of said Board to attach such
conditions and safeguards as may be required to protect •
the public health, safety, morals and general welfare, and
to insure continual compliance to these regulations.
3°Editor's Note: For additional regulations concerning building permits, see
Ch. 14, Building Code, § 14-3A.
31 Editor's Note: For additional regulations concerning certificate of occupancy,
see § 89-74 of this chapter.
8978
§ 89-78 ZONING § 89-80
§ 89-78. Appeals: how taken.
All appeals and applications to the Board of Appeals shall be
taken in the manner prescribed by law and within such time as
shall be prescribed by the Board of Appeals by general rule. All
such appeals and applications shall be in writing, on forms
prescribed by the Board, and each appeal or application shall fully
• set forth the circumstances of the case. Every appeal or ap-
plication shall refer to the specific provision of the ordinance
involved and shall exactly set forth, as the case may be, the in-
terpretation that is claimed, the details of the adjustment that is
applied for and the grounds for which it is claimed that the same
should be granted, or the use for which a special permit is sought.
Every decision of the Board of Appeals shall be recorded in ac-
cordance with standard forms adopted by the Board and shall
fully set forth the circumstances of the case and the findings on
which the decision was based.
§ 89-79. Fee for advertising hearing. [Amended 12-9-64; 3-3-71;
10-19-77]
Any person or corporation, other than the Town of
Mamaroneck, making any application to the Board of Appeals
under the provisions of this ordinance shall pay to the Building
Inspector the sum of thirty-five dollars ($35.) to cover the cost of
advertising the notice of hearing, upon each application filed.
ARTICLE XIII
Amendments
§ 89-80. Procedure.
• A. The Town Board, from time to time, may amend, sup-
plement or repeal the regulations and provisions of this
ordinance, after public notice and hearing, in the manner
provided by Town Law.
B. Every such proposed amendment or change, whether
initiated by the Town Board or by petition, shall be
referred to the Planning Board for report thereon before the
public hearing provided for in § 89-80A above. In
8979 s-25-79
§ 89-80 MAMARONECK CODE § 89-81
recommending the adoption of any such proposed
amendment, the Planning Board shall state its reasons for
such recommendation, describing any condition that it
believes makes the amendment advisable, and specifically
setting forth the manner in which, in its opinion, the
amendment would be in harmony with the Comprehensive
Plan of land use for the town and would be in furtherance of
the purposes set forth in § 89-1 of this ordinance. In
recommending the rejection or revision of any proposed
amendment, the Planning Board shall similarly state its
reasons. Failure of the Planning Board to make a report on
any proposed amendment within forty-five (45) days of the
date of referral shall be deemed to be approval thereof,
unless such proceedings have theretofore been terminated.
§ 89-81. Effect on issuance of permits. [Amended 4-17-63]
Whenever the Town Board, by resolution, authorizes a public
hearing on a proposed amendment to this ordinance, for a period
of sixty (60) days following the date of such resolution, no
building shall be erected, enlarged or altered, and no permit shall
be issued for the construction, enlargement or alteration of any
building or for the occupancy of any land or building in any
manner that would be contrary to the ordinance as it would be
changed by the proposed amendment.
(Cont'd on page 8981)
•
8980 8-25-79
§ 89-82 ZONING § 89-84
ARTICLE XIV
Site Plan Approval
[Added 12-19-84 by L.L. No. 10, 19841]
§ 89-82. Site plan approval required.
That all applications for building permits,special permits and var-
iances are subject to the requirements of the Site Plan Approval
Law2 of the Town of Mamaroneck unless specifically exempted from
the requirements of site plan approval under § 66A-7 of the Site
Plan Approval Law. No application for a building permit may be
granted unless there has been full compliance with the requirements
of the Site Plan Approval Law, and no application for special permit
or variance may be granted unless a condition of said granting of a
special permit or variance is compliance with all requirements of the
Site Plan Approval Law,where applicable.
ARTICLE XV
Miscellaneous
[Amended 12-19-84 by L.L. No. 10, 19843]
§ 89-83. Severability.
If any section subsection, sentence, clause, phrase or other part of
this ordinance is, for any reason, held by any court of jurisdiction to
be invalid, such decisions shall not affect the validity of the remain-
ing portion of this ordinance. The Town Board hereby declares that
it would have passed this ordinance and each section, subsection,
sentence, clause, phrase and other parts thereof, irrespective of the
fact that any one(1)or more sections, subsections, sentences, clauses,
phrases or other parts be declared invalid.
§ 89-84. Short title.
• This ordinance shall be known as and may be cited as the"Town of
Mamaroneck Zoning Ordinance."
1 Editor's Note: This local law also provided for the renumbering of former Article XIV,
Miscellaneous,as Article XV;of former§ 89-82,Severability,as§89-83;and of former§89-
83,Short title,as§ 89-84.
2 Editor's Note: See Ch.66A,Site Plan Review.
3 Editor's Note: This local law also provided for the renumbering of former Article XIV,
Miscellaneous,as Article XV;of former§89-82,Severability,as§ 89-83;and of former§ 89-
83,Short title,as§ 89-84.
8981 11-25-85
Chapter 90
(RESERVED )
This Reserve chapter page is part of your Code. It
has been inserted here to allow for the integration of
future enactments, the subject of which will fall alpha-
betically into this part of the Code.
9001-9099
• Appendix
•
• PART I
SUBDIVISION PLATS
•
SUBDIVISION PLATS
SUBDIVISION PLATS
ARTICLE I
General
§ 1. Authority.
• § 2. Policy.
ARTICLE II
Word Construction
§ 3. Definitions.
ARTICLE III
Procedures for Plats
§ 4. Applications; layouts.
§ 5. Compliance required; preliminary layouts.
§ 6. Preliminary-layout decisions.
§ 7. Final layouts; certificates of approval, bonds.
ARTICLE IV
General Requirements for Subdivision of Land
§ 8. Requirements and principles.
§ 9. Standards for street design.
• § 10. Layout and plat data.
§ 11. Detailed construction drawings.
§ 12. "As-built" drawing.
§ 13. General notes and regulations.
10001
§ 1 MAMARONECK CODE § 2
ARTICLE V
Building Permit Requirements
§ 14. Completed improvements or bond required.
[HISTORY: Adopted by the Planning Board of the Town of
Mamaroneck 5-1-61 and approved by the Town Board 5-3-61.]
•
ARTICLE I
General
§ 1. Authority.
By authority of the resolution adopted by the Town Board on
the eighth day of September 1954, pursuant to the provisions of
Article 16 of the Town Law, the Town of Mamaroneck Planning
Board/ has the power and authority to approve or disapprove
plats for subdivisions as provided in Section 277 of Town Law.
In pursuance of this authority, the Planning Board hereby pro-
mulgates the following requirements relating to the submission
and consideration of subdivision plats.
§ 2. Policy.
It is declared to be the policy of the Town Planning Board to
consider land subdivisions as part of a plan for the orderly,
efficient and economical development of the town. Land to be
subdivided shall be of such character that it can be used safely
for building purposes without danger to health, or peril from
fire, flood or other menace. Proper provision shall be made for
drainage, water, sewerage and other needed improvements. The
proposed streets shall compose a convenient system conforming •
to the Official Map, and shall be properly related to the pro-
posals shown on the Master Plan if and when such a plan is
adopted by the Planning Board. Streets shall be of such width,
1 Editor's Note: For additional information concerning the Planning Board, see
Ch. 89, Zoning, §89-15.
10002
§ 2 SUBDIVISION PLATS § 3
grade and location as to accommodate the prospective traffic, to
afford adequate light and air, and to facilitate fire protection.
In proper cases, park areas of suitable location, size and char-
acter for playground or other recreational purposes shall be
shown on the subdivision plat.
Should any of these regulations conflict or be inconsistent with•
any provision of the Town Law, such provision of the Town Law
shall apply. In order that land may be subdivided in accordance
with this policy, these regulations are hereby adopted.
ARTICLE II
Word Construction
§ 3. Definitions.
For the purpose of these regulations, certain words used
herein are defined as follows:
PLANNING BOARD — Means the Town of Mamaroneck
Planning Board.
TOWN ENGINEER — Means the duly designated En-
gineer of the Town of Mamaroneck, or any licensed pro-
fessional engineer employed by the Town Board and
directed by said Town Board to provided services for the
Planning Board.
SUBDIVISION — Means the division of any parcel of
land into two (2) or more plots, lots, sites or other divi-
sions of land for immediate or future sale or for building
411 development, in such a way as to create or require the
creation of one (1) or more new streets.
PRELIMINARY LAYOUT— Means the preliminary draw-
ings indicating the proposed layout of the subdivision to
be submitted to the Planning Board for its consideration
as a declaration of intent.
10003
§ 3 MAMARONECK CODE § 3
FINAL LAYOUT — Means a print of (and identical with)
the proposed final plat submitted for approval of the
Planning Board. On approval, it is filed with the Secre-
tary of the Planning Board for future reference in deter-
mination as to whether requirements of the Planning
Board with respect to the subdivision shown thereon have
been complied with. •
CONSTRUCTION DRAWINGS — Means a map of the
subdivision, which shall show the subdivision lot outlines
and which shall give particular attention to the details,
limits and types of all proposed construction of pave-
ments, curbs, sewers, drains, water and other appurte-
nances.
SPECIFICATIONS — Means such specifications relating
to street and sanitary improvements as may be required
by the Town Engineer or Planning Board.
PLAT — Means the final map, drawing or chart on which
the subdivider's plan of subdivision is presented to the
Planning Board for approval, in ink on tracing cloth,
which will be submitted to the County Clerk for recording.
OFFICIAL MAP -- Means the Map of the unincorporated
area of the Town of Mamaroneck established by the Town
Board under Section 270 of the Town Law, showing the
streets, highways and parks theretofore laid out, and
adopted and established by law, and any amendments
thereto adopted by the Town Board, or additions thereto
resulting from the approval of subdivision plats by the
Planning Board and the subsequent filing of such approved
plats.
MASTER PLAN — Means a comprehensive plan prepared
by the Planning Board, pursuant to Section 272-a of the
Town Law, which indicates the general location recom-
10004
§ 3 SUBDIVISION PLATS § 4
mended for the various functional classes of public works,
places and structures, and for the general physical devel-
opment of the unincorporated part of the Town of Ma-
maroneck, and includes any unit or part of such plan
separately adopted and any amendment to such plan or
parts thereof. Wherever reference is made hereinafter to
• the Master Plan, such reference shall apply only if such
Master Plan has been adopted by the Town Board.
ZONING MAP — Means the existing map which forms a
part of the Zoning Ordinance adopted and/or amended
by the Town Board.
ARTICLE III
Procedures for Plats
§ 4. Applications; layouts.
Whenever any subdivision of land as hereinbefore defined is
proposed to be made either as a new subdivision or where plats
already filed in the office of the Clerk of Westchester County
prior to the appointment of the Planning Board are entirely or
partially undeveloped, and before any contract for the sale of
or any offer to sell any part of such subdivision is made and
before any permit for the erection of a structure shall be granted,
the subdividing owner thereof or his agent shall apply in writ-
• ing to said Board for approval of such subdivision. For such
subdivision, he should first file with the Planning Board a
preliminary layout and subsequently a final layout and a formal
plat as hereinafter specified in Article IV of these requirements,
the intent being that the Planning Board be afforded a review
of any previously filed subdivisions that have not been fully
developed.
10005
§ 5 MAMARONECK CODE § 6
§ 5. Compliance required; preliminary layouts.
A. The preliminary layout, final layout, street profiles, parks,
playgrounds or other recreational areas and formal sub-
division plat and all procedure relating thereto shall in
all respects be in full compliance with the provisions of
Section 276 and Section 277 of the Town Law, and with •
these requirements except where variation from these re-
quirements may be specifically authorized by the Plan-
ning Board.
B. Five (5) copies each of the preliminary layout designated
as such, at a scale not smaller than fifty (50) feet to the
inch, and indicating existing contours, waterways or any
rock outcroppings and other pertinent topographic fea-
tures as further specified herein, shall be filed with the
Planning Board. The Planning Board will then study the
preliminary layout in connection with the topography of
the area, the existing requirements of the Zoning Ordi-
nance, the Master Plan and the Official Map, and will
take into consideration the general requirements of the
community, the character of the neighborhood and the
best use of the land to be subdivided. Particular attention
will be given to matters enumerated in Section 277 of the
Town Law, as well as to specific requirements for parks,
playgrounds, school sites, boulevards and main thorough-
fares, the adequancy of street connections and the suit-
ability of the land for development.
§ 6. Preliminary-layout decisions. •
A. After arriving at tentative conclusions, the Planning Board
will discuss the preliminary layout with the subdivider or
his agents at a regular meeting or a special meeting duly
convened of said Board.
10006
§ 6 SUBDIVISION PLATS § 7
B. After such discussion, the Planning Board will communi-
cate in writing to the subdivider:
(1) All specific changes which it believes desirable in
the preliminary layout.
(2) The character and extent of the required improve-
", ments for which waivers may have been requested,
and which, in its opinion, may be waived without
jeopardy to the public health, safety, morals and
general welfare.
§ 7. Final layouts; certificates of approval, bonds.
A. The subdivider, following receipt of this communication
with respect to the preliminary layout and the changes, if
any to be made therein, shall within six (6) months there-
after, make a submission to the Planning Board satisfactory
to the Town Engineer, which shall consist of five (5) copies
of the final layout of the subdivision plat, accompanied
by two (2) separate sets of prints showing the completed
detailed construction drawings, including but not limited
to street profiles, construction details, etc., in accordance
with the provisions of Article IV of these regulations.
Before the Planning Board accepts submission of the final
layout, including the construction drawings, and prior to
setting the date for the public hearing, it shall obtain from
the Town Engineer or other duly designated official, a
certificate stating that the street and any improvements
already constructed by the subdivider, or improvements
• to be constructed in accordance with the construction
drawings, as approved, are satisfactory to him.
B. If the certification is with respect to improvements already
made, the said official shall certify as to such parts of
said improvements that are satisfactory as of the date of
10007
§ 7 MAMARONECK CODE § 7
his certificate. Before the Planning Board accepts sub-
mission of the final layout of the subdivision plat, the
subdivider shall obtain the approval without qualification
of the Westchester County Department of Health, West-
chester Joint Water Works No. 1 or any other govern-
mental agency having jurisdiction in the premises. Upon
receipt of all such certifications and approvals in writing •
and in satisfactory form, the Planning Board shall accept
submission of such final layout, and shall set a date within
thirty (30) days of such submission to hold a public
hearing as required pursuant to Section 276 of the Town
Law. The Planning Board will then, within forty-five
(45) days from, and after the date of, the final submis-
sion above provided, approve, modify or disapprove such
final layout and the construction drawings by endorse-
ment thereon, and upon approval, the subdivider shall
submit to the Planning Board the original tracings, in ink
on cloth, of the final plat and the detailed construction
drawings. These tracings shall then be turned over to
the Town Engineer for safekeeping. If the Planning
Board requires any modifications of the subdivision plat
or the construction drawings at the public hearing, the
subdivider shall be required to make such changes to the
final plat and construction drawings as submitted, and
resubmit new prints with the tracings to the Planning
Board at its next meeting with the approval of the Town
Engineer, and final action by the Planning Board will
not be taken prior to the further meeting at which these
plans are submitted.
C. If and when the Planning Board approves the final lay- •
out of the subdivision plat or the construction drawings,
the resolution adopted by the Planning Board shall require
that the subdivider complete all improvements in accor-
dance with the plans and construction drawings as pro-
vided in Section 277 of the Town Law, and with the pro-
10008
§ 7 SUBDIVISION PLATS § 8
visions of these regulations in all respects except so far
as they are specifically waived by the Planning Board; or
alternatively, to file with the Planning Board a perfor-
mance bond for a term not to exceed three (3) years, and
which in all respects shall comply with Section 277 of the
Town Law and which shall be approved by the Town
Board, as provided in said Section 277 of the Town Law.
• Except where the subdivider indicates by notation on the
plat that streets, highways or parks are not offered for
dedication to the public, the subdivider shall also, by the
terms of said resolution, be required to tender offers for
deeds of cession, in form satisfactory to the Town At-
torney, of all lands included in the beds of streets and
highways, and for easements or parks as required by the
Planning Board, and a note or endorsement shall be placed
upon the plan or plat reading as follows:
"Approval of this plat by the Planning Board does not
constitute an acceptance by the town of the dedication
of any street, highway, park or other public open space,
but such acceptance shall become effective only upon the
adoption of a resolution by the Town Board."
ARTICLE IV
General Requirements for Subdivision of Land
§ 8. Requirements and principles.
The subdivider shall observe the following general require-
ments and principles of land subdivisions:
• A. In general, the proposed subdivision shall conform to the
Official Map and Master Plan, if there be one.
B. The arrangement of streets in the subdivision shall provide
where practicable for the continuation of principal streets
in adjoining subdivision, and such continuations shall be
of a width at least as great as that of such existing con-
10009
§ 8 MAMARONECK CODE § 8
fleeting streets. Every subdivision shall preferably have
two (2) connections to existing highways, one (1) of
which may be through the streets of an adjoining sub-
division.
C. In general, main highways and secondary highways shall
not be less than the width shown on the Official Map or
as designated by the Planning Board; parkways and boule- •
vards, such width as may be designated by the Planning
Board. As a general rule, the width of local streets shall
not be less than fifty (50) feet.
D. Dead-end or cul-de-sac streets shall not in general exceed
four hundred (400) feet in length, shall have a minimum
width of fifty (50) feet and shall be equipped with a
turnaround roadway with a minimum radius of forty-five
(45) feet to the curb at the closed end.
E. Each block shall be planned to provide two (2) rows of
lots, but irregularly shaped blocks indented by cul-de-sac
streets may be considered to be acceptable when designed
in a manner acceptable to the Planning Board.
F. Property line radii at street intersections shall be not less
than twenty-five (25) feet and future curblines shall be
generally concentric therewith. Side lines of lots, so far
as practicable, shall be at right angles or radial to street
lines.
G. Corner lots shall be increased in size to comply with front
yard requirements on both streets, and consideration to
future back and side yards shall also be given.
H. Grades of all streets shall be the reasonable minimum, but •
shall not be less than one half of one percent (I/2 of 1%)
nor more than six percent (6%) for main and secondary
highways, nor more than ten percent (10%) for local
streets. All changes in grade shall be done by means of
a vertical curve.
10010
§ 8 SUBDIVISION PLATS § 8
I. Paved rear service streets of not less than twenty (20)
feet in width, or in lieu thereof, adequate off-street load-
ing space, suitably surfaced, shall be provided in con-
nection with all lots designed for commercial use.
J. In front of areas designated and zoned for commercial
use, or where the proposed subdivision requires and the
• subdivider proposes to file a petition for a change in
zoning to permit such use, the street width shall be
increased by such amount on each side as may be deemed
necessary by both the Planning Board and Zoning Board
to assure the free flow of through traffic without inter-
ference by parked or parking vehicles, and to provide
adequate and safe parking space for such commercial
or business district.
K. In general, street lines within a block deflecting from each
other to any extent whatever shall be connected with a
curve, the radius of which for the inner street lines shall
be not less than three hundred seventy (370) feet on main
highways, two hundred seventy-five (275) feet on secon-
dary highways and one hundred twenty-five (125) feet
on local streets; the outer street line in each case shall
be parallel to such inner street line, and future curblines
shall be generally concentric therewith.
L. In subdivisions of ten (10) acres or more, the Planning
Board may require play areas for public use of up to
ten percent (10%) of the gross area of the subdivision
unless the Planning Board determines otherwise.
M. Variations of the general requirements above outlined may
be permitted by the Planning Board on application to the
• Planning Board when in its judgment, special factors
warrant such a variation.
N. All application provisions of Article 16 of the Town Law
of the State of New York and of Section 239 K of the
General Municipal Law shall apply to the proceedings of
the Planning Board.
10011
§ 9 MAMARONECK CODE § 9
§ 9. Standards for street design.
Local
Street Residential Secondary Business
Classification (feet) (feet) (feet)
Minimum width
of right-of-way 50 50 60
•
Minimum width 26, except 30 30 40
of pavement where the mini-
mum residential
lot size is less
than 1/4 acre
Minimum radius
of horizontal
curves 150 300 400
Minimum length 100, but not 200, but not 200
of vertical less than 20 less than 30
curves for each 1% for each 1%
algebraic algebraic
difference difference
of grade of grade
Minimum length
of tangents
between reverse
curves 100 200 200
Maximum grade 10% 6% 6%
Minimum grade
pen. macadam 1% 1% 1%
asph. cone. 0.5% 0.5% 0.5% •
Minimum sight
distance 150 250 250
Note: Street classification may be indicated on the Master Plan
or be determined by the Planning Board.
10012
§ 10 SUBDIVISION PLATS § 10
§ 10. Layout and plat data.
A. The preliminary layout shall be a pencil tracing at a
scale not smaller than fifty (50) feet to the inch nor
larger than thirty (30) feet to the inch. This preliminary
layout is in the nature of a declaration of intent and is
for the purpose of permitting the Planning Board to pass
• upon the general character of the proposed subdivision,
so as to expedite the approval of the final layout and plat
by the Planning Board and Town Engineer. The pre-
liminary layout shall provide the following information:
(1) Proposed subdivision name or identifying title.
(2) Name and address of record owner (if corporate, name
and address of a principal).
(3) Date, true north point, scale, tentative new street
names.
(4) Map of tract showing boundaries agreeing with a
certified survey.
(5) Natural features of importance such as watercourses,
swamps and woodlands.
(6) Location and names of existing streets and highways,
easements or other public properties or rights.
(7) Topographic survey showing existing contour lines
and waterways at sufficient intervals to establish the
character of the terrain.
(8) A scaled plat showing proposed street locations, limits
• of work, approximate proposed lot dimensions and
approximate areas of the lots.
(9) A dimensional typical section indicating proposed
pavement and sidewalk areas and curbing treatments.
(10) Location of existing sewers, drains and water mains.
10013
§ 10 MAMARONECK CODE § 10
(11) If the submission covers only a portion of the tract,
a light dashed-line sketch of the prospective future
streets for the balance of the tract shall be shown on
the same drawing.
(12) The location of the property with respect to surround-
ing property and streets, also the names of all adjoin-
ing property owners of record or the names of ad- •
joining developments.
(13) The widths of pavement and sidewalks of adjoining
streets.
(14) An area map at a scale of one (1) inch equals four
hundred (400) feet as an insert on the same drawing,
showing all streets and property within one thousand
(1,000) feet of the applicant's property. All property
held by the applicant (in whole or in part, individ-
ually or corporately) in the area should be identified.
(15) The approximate location and dimensions of all prop-
erty proposed to be set aside for playground or park
use.
(16) Zoning districts and boundaries thereof applicable to
the subdivision, also such provisions of the correspond-
ing section of the zoning regulations as the Planning
Board may require to be noted on the plan.
B. The final layout and plat shall be a map in ink on trac-
ing cloth to a suitable scale, properly prepared and certi-
fied and showing the following:
(1) Items (1) through (6) inclusive as listed under § 10A, •
shall also apply to the final layout and plat.
(2) Lots, numbered and in substantial agreement with
§ 10A, with final bearing, distances and curve data,
also showing proposed monument locations and monu-
10014
§ 10 SUBDIVISION PLATS § 11
ment tie lines such as are necessary to permit re-
establishment of lot corners within the subdivision.
(All dimensions in feet and hundredths of a foot.)
(3) Streets, showing width of right-of-way and referenced
by notation to construction drawings which will show
widths of proposed pavement, location of sidewalks,
• typical sections with details of pavements, curbs,
sewers, drains and other data pertinent to the pro-
posed construction.
(4) A note providing for County Health Department ap-
proval.
(5) County block and sheet number applicable to the
subdivision.
(6) A note stating that existing contours and waterways
are indicated on .the detailed construction drawings.
(7) Necessary title boxes, notation providing for Plan-
ning Board approval, statement of dedication of all
streets within the subdivision and delineation of limits
of said streets, provision for Town Engineer's approval
subject to satisfactory compliance with the construc-
tion drawings and such other references or notes as
the Board may require in particular cases. If the
intention be that streets shall remain as private
streets, a notation as follows shall be added to the
final plat:
"No offer of dedication of streets, highways or parks
(if any) shown on this map is made to the public."
•
§ 11. Detailed construction drawings.
A final layout of the entire tract in ink on tracing cloth,
accompanied by necessary specifications, shall be submitted to
the Town Engineer. The detailed construction drawings shall
10015
§ 11 MAMARONECK CODE § 11
be at the same scale as the final layout and plat and shall pro-
vide the following information:
A. Items (1) through (6) inclusive as listed under § 10A,
shall also apply to the "detailed construction drawings."
B. The width, location, horizontal geometries and limits of •
paving of all streets, parking areas or other public ways
proposed by the developer, and the locations and limits
of all proposed sidewalks (if any).
C. Existing contours, at an interval suitable to the Town
Engineer, shown tied into a top-cut line based on the pro-
files and cross sections of the proposed streets, the flow
lines and top-of-bank lines of streams that are to remain,
also general locations of necessary swales with several
spot elevations indicated so as to establish the fact that
adjacent lands be saved harmless from any flooding that
might otherwise be induced by filling and grading of the
lots of the subdivision.
D. Typical cross sections of roadways and sidewalks, show-
ing curbs, gutters, depth and character of surface and of
subbase, conforming with the current standard details
and requirements of the Town Engineer.
E. Location and size of all new water mains and connections
to existing mains; location of fire hydrants. If alternative
means of supplying water are provided under Section 89
of the Public Health Law, submit method and evidence of
approval by the County Commissioner of Health. •
F. Location and size of all new sanitary sewers and connec-
tions to existing sewers; location of manholes and type of
construction; location and detail of cradles or other sup-
ports where required by field conditions or rulings of the
Town Engineer or Planning Board. Laterals for each lot
10016
§ 11 SUBDIVISION PLATS § 11
shall be carried to the property line, unless this require-
ment is specifically waived by the Planning Board and a
note on the final plat states that connections to the main
sewer along with necessary pavement repair must be
made by the individual lot owners. If alternative means
of sewering and treatment are to be provided under Sec-
tion 89 or the Public Health Law, submit details and evi-
ldence of approval by the County Commissioner of Health,
and the final plat shall be noted to this effect.
G. Method of collecting and discharging storm water; de-
tails of catch basins, culverts, storm sewers, etc., conform-
ing to the requirements of the Town Engineer.
H. Any water mains, sanitary sewers or other public
facilities to be carried over or under private property
shall be in permanent easements not less than ten (10)
feet in width, having satisfactory access to a public high-
way or other public open space. Details of such ease-
ments and evidence of their existence shall be provided.
I. Profiles showing existing and proposed elevations along
the center lines of all streets to same horizontal scale as
the plan, but with enlarged vertical scale. Where a pro-
posed street intersects an existing street or streets, the
elevation along the center line of the existing street or
streets, within one hundred (100) feet of the intersection,
shall be shown. All elevations must be referred to estab-
lished United States Government or approved local bench
marks, where they exist within one-half (1/2) mile of the
• boundary of the subdivision.
J. The Town Engineer may require supplementary existing
ground profiles plotted on the proposed profile at loca-
tions where steep slopes exist, showing present existing
elevations on either or both sides of the street at fifty-
foot intervals parallel to the center line. These supple-
10017
§ 11 MAMARONECK CODE § 12
mentary existing profiles are developed by measuring
existing elevations at approximately five (5) points on a
line at right angles to the center line of the street. Said
elevation points shall be at the center line of the street,
each property line and points approximately twenty-five
(25) feet inside each property line. Cross sections plot-
ted up on tracing paper may also be required in certain •
areas as directed by the Town Engineer.
K. Necessary roadway details of street pavements, including
curbs and gutters, sidewalks, granite monuments with
covers, manholes and catch basins; the location of proposed
street trees (if any) ; streetlighting standards or all utility
poles showing which will carry streetlights, street signs,
the location, size and invert elevations of existing and
proposed sanitary sewers, storm-water drains and fire
hydrants; and the exact location and size of all water,
gas or other existing or proposed underground utilities or
structures. Utilities governed by fixed elevations, such
as sewers and drains, shall be shown on profiles with nota-
tion showing waterline clearances at crossings.
L. In the cases of large subdivisions that are to be improved
by sections, each section shall be clearly defined on final
plat and construction plan and profile by dimensions and
notes, so that applicable bond coverage ties in with the
final plat.
§ 12. "As-built" drawing.
After completion of the construction work, a marked-up print •
of the construction drawings made by a licensed professional
engineer, showing adjustments or alterations to final construc-
tion drawings, shall be submitted, showing all approved changes
and final locations of all street-line utilities, including all
sanitary-sewer spur locations. This print shall be known as
10018
§ 12 SUBDIVISION PLATS § 13
the "as-built" drawing. When this print is approved by the
Town Engineer, the tracings for the construction drawings shall
be brought up-to-date in ink by the same licensed professional
engineer engaged by the subdivider, and the tracing shall be
certified by that engineer or other duly qualified professional
engineer suitable to the Planning Board.
•
§ 13. General notes and regulations.
A. 'Ownership of streets.
(1) Title to the land in the bed of streets shown on the
final layout and plat shall be retained by the sub-
divider, and when selling individual lots of the sub-
division, the subdivider shall reserve title to the fee
of the streets for the purposes of dedication to the
town.
(2) Except where the subdivider plans to retain the
streets or other areas as private streets, parks, etc.,
as set forth in § 7 of these regulations, then and in
addition to the notations previously specified, all
plats shall also bear the following notation:
"Title to land in the bed of all streets shown on this
plat will be retained by the subdivider. The contract
or deed for any lot, or part thereof shown on this
plat, shall in no case include title to any part of the
street."
• B. Endorsement of County Health Department. The pro-
posed subdivision final layout and plat shall be properly
endorsed by the County Health Department, as required
by the County Sanitary Code, before any public hearing
is scheduled. The plat should be in final form before
being presented to the Planning Board or County Health
Department for approval.
10019
§ 13 MAMAR'ONECK CODE § 13
C. No changes to be made after approval.
(1) Any erasures made on a plat after Planning Board
approval but prior to its signing shall be initialed by
the Chairman or his designated representative.
(2) No changes, erasures, modifications or revisions shall •
be made in any subdivision plat after approval has
been indicated by signature on the plat.
D. Signing of plat. Every subdivision plat submitted to the
Planning Board for its approval shall carry the following
endorsement:
"Approved by Resolution of the Planning Board of the
Town of Mamaroneck, New York on the day of
, 19 , subject to all requirements and
conditions of said Resolution. Any change, erasure, modi-
fication or revision of this plat, as approved, shall void
this approval.
Signed this day of , 19....
Chairman "
E. Status of parks or reserved areas. In the event that legis-
lation exists that is applicable to any Planning Board
resolution that requires the subdivider to provide parks
or other reserved areas, it shall be understood that any
park requirements made by the Planning Board are sub-
ject to a satisfactory agreement between the Town Board
and the subdivider as to the adequacy of, and manner in •
which, any amount of money and/or other consideration
may be granted, between the town and the subdivider, in
exchange for the title to any park lands. All agreements
shall be satisfactory to the Town Board and the Town
Attorney.
10020
§ 13 SUBDIVISION PLATS § 14
F. Acceptance of streets, parks, or reserved areas. The
approval by the Planning Board of a subdivision plat shall
not be deemed to constitute or imply the acceptance by
the Town Board of any street, park, playground or other
open space shown on said plat. The Planning Board will
require said plat to be endorsed with appropriate notes
® to this effect. The Planning Board will also require the
filing with the Town Attorney of a written agreement
between the applicant and the Town of Mamaroneck cover-
ing future title and maintenance of park areas and title
to the beds of the streets with a description in proper form
for recording, as well as any necessary instruments, to
insure completion of landscaping and installation of
equipment in any park or playground area in accordance
with such separate plans for said park or playground
area as may be required by the Town Engineer.
ARTICLE V
Building Permit Requirements
§ 14. Completed improvements or bond required.
Before any building permit shall be issued, the subdivider
shall either have completed all improvements required by the
Planning Board in its resolution approving the subdivision plat,
and shall have obtained the approval of the Town Engineer who
shall certify that all improvements are in accordance with the
standards and specifications as set forth in Article IV of these
regulations; or, alternatively, shall have furnished a perfor-
mance bond issued by a bonding company conforming in all
respects with the Planning Board resolution approving the sub-
division, which bond shall have been approved by the Town
Board and the term of which has not expired.
10021
-NOTES-
•
-NOTES-
•
•
•
INDEX
•
INDEX INSTRUCTIONS
The main INDEX, beginning on page 1, will guide you to the
•
legislation contained within the Code at the time the main IN-
DEX was originally prepared. As new legislation is adopted, or
existing legislation is amended, the Code pages are replaced by
supplementary pages which include the new material, thereby
causing some INDEX entries to become obsolete. INDEX entries
to the new material will be provided for in the SUPPLEMENTAL
INDEX, beginning on page SI-1.
The SUPPLEMENTAL INDEX should, therefore, be consulted
first, since it refers to the more recent legislation. Then reference
should be made to the main INDEX.
When received, SUPPLEMENTAL INDEX pages should be
placed directly following this page and in front of the main IN-
DEX, according to the instructions accompanying the sup-
plement.
Numbers in the indices refer to section numbers in the Code, e.g.,
39-3 is a reference to Chapter 39, Section 3.
•
MAMARONECK SUPPLEMENTAL INDEX
—A— —B—
ACTIONS defined, 23-1 BASE FLOOD defined, 28-5
AGENCY defined, 23-1 BREAKAWAY WALLS defined, 28-5
AIRCRAFT, see HELICOPTERS BUILDING CODE
AND OTHER AIRCRAFT Electrical code adopted, 14-92A
ALARM AGENT defined, 5-2
ALARM BUSINESS defined, 5-2 —C—
ALARM DEVICE defined, 5-2
ALARM INDICATOR PANEL de- CENTRAL ALARM STATION
• fined, 5-2 defined, 5-2
ALARM REVIEW BOARD defined, COASTAL HIGH HAZARD AREA
5-2 defined, 28-5
ALARM SYSTEMS CONSERVATION ADVISORY
Equipment, 5-4 COMMISSION defined, 23-1
False alarms, 5-4 CONTAINER defined, 5A-3
Fees, 5-3, 5-4 CONTROLLED AREAS defined, 88-2
Licenses, 5-3 COPIES OF PUBLIC RECORDS, see
Penalties for offenses, 5-3, 5-6 RECORDS, PUBLIC ACCESS
Responsibility, 5-4 TO
ALARM USER defined, 5-2
ALCOHOLIC BEVERAGES
Consumption restrictions, 5A-4 —D—
Definitions, 5A-3
Exceptions, 5A-6 DEFINITIONS
Legislative intent, 5A-2 Actions, 23-1
Penalties for offenses, 5A-7 Agency, 23-1
Prima facie evidence of trans- Alarm agent, 5-2
portation facilities, 5A-5 Alarm business, 5-2
Title, 5A-1 Alarm device, 5-2
ANCHORING; flood damage preven- Alarm indicator panel, 5-2
tion, 28-16 Alarm Review Board, 5-2
ANIMALS Alarm user, 5-2
Dogs, 6-4, 6-11 Alcoholic beverages, 5A-3
Fees, 6-14 Appeal, 28-5
Penalties for offenses, 6-13 Applicant, 23-1
Redemption of impounded animals, ' Area of shallow flooding, 28-5
6-14 Area of special flood hazard, 28-5
Removal of canine waste, 6-13 Base flood, 28-5
APARTMENT COMPLEXES Breakaway walls, 28-5
Parking prohibitions, 81-47 Coastal high hazard area, 28-5
See also TENANT PROTECTION Container, 5A-3
APPEAL defined, 28-5 Central alarm station, 5-2
APPLICANT defined, 23-1 Conservation Advisory Commission,
AREA OF SHALLOW FLOODING 23-1
defined, 28-5 Controlled areas, 88-2
AREA OF SPECIAL FLOOD HAZ- Development, 28-5
ARD defined, 28-5 Dialer alarm, 5-2
Direct alarm, 5-2
Environment, 23-1
SI.1 6-25-84
MAMARONECK SUPPLEMENTAL INDEX
—D— —E—
Environmental impact statement, National Electrical Code adopted,
23-1 14-92A
Exempt.action, 23-1 No waiver or assumption of liability,
False alarm, 5-2 14-92E
Flood, 28-5 Penalties for offenses, 14-92D
Flooding, 28-5 EMERGENCIES
Flood Insurance Rate Map (FIRM), Helicopters and other aircraft, 35-7
28-5 Tenant protection, 76-1, 76-2
Flood Insurance Study, 28-5 EMPLOYEES, see OFFICERS AND
Floodway, 28-5 EMPLOYEES
Habitable floor, 28-5 ENVIRONMENTAL IMPACT
Intentional false alarm, 5-2 STATEMENT defined, 23-1
Lakes, 88-2 ENVIRONMENTAL QUALITY RE-
Licensing Authority, 5-2 VIEW
Local alarm, 5-2 Actions prior to effective date, 23-23
Malfunction, 5-2 Application fees, 23-8
Ministerial action, 23-1 Approval of actions, 23-17
Mobile home, 28-5 Definitions, 23-1
New construction, 28-5 Determination, filing of, 23-19
New mobile home park or mobile Determination of negative impact,
home subdivision, 28-5 23-14
Person, 23-1, 88-2 Determination of proposed action,
Planning Board, 23-1 23-7
Ponds, 88-2 Determination of significant effect,
Public place, 5A-3 23-10
Rainfall drainage systems, 88-2 Determination, written, 23-18
Reservoirs, 88-2 Environmental assessment, 23-5
Sand dunes, 28-5 Final environmental impact
Start of construction, 28-5 statement, 23-15.
Structure, 28-5 Lead agency requirements, 23-22
Substantial improvement, 28-5 No environmental impact statement
Town, 23-1 required, 23-9
Transportation facilities, 5A-3 Notice of completed draft, 23-12
Variance, 28-5 Notice of completed final statement,
Wetlands, 88.2 23-16
DEVELOPMENT defined, 28-5 Notice of proposed action, 23-6
DIALER ALARM defined, 5-2 Notices, 23-6, 23-9, 23-12, 23-16
DIRECT ALARM defined, 5-2 Preparation of draft environmental
DOGS impact statement, 23-11 •
Animals, 6-4, 6-11 Processing of exempt and Type II
Fees, 6-11 actions, 23-4
Licenses, 6-11 Public hearing on draft environ-
mental impact statement, 23-13
—E— Public records, 23-21
Regulated actions, 23-3
ELECTRICAL CONTROL Time limitations, 23-20
Exceptions, 14-92E Types of actions, 23-2
Inspector, 14-92B, 14-92C ENVIRONMENT defined, 23-1
EXEMPT ACTION defined, 23-1
SI-2 6-25-84
MAMARONECK SUPPLEMENTAL INDEX
—F— —F—
FALSE ALARMS FLOOD INSURANCE STUDY de-
Alarm systems, 5-4 fined, 28-5
Defined, 5-2 FLOODWAY
FEES Defined, 28-5
Alarm systems, 5-3, 5-4 Flood damage prevention, 28-19
Animals, 6-14
Dogs, 6-11
Environmental quality review, 23-8 —H—
Parking lots, 54-5, 54-7, 54-7.1
Pistol permits, 25-13 HABITABLE FLOOR defined, 28-5
Records, public access to, 63-8 HEARINGS
Special use permits, 89-49 Environmental quality review, 23-13
FIREARMS; pistol permits, 25-13 HELICOPTERS AND OTHER
FIRE LIMITS AIRCRAFT
Designation of fire limits, 26-3 Applicability, 35-1
Legislative intent, 26-2 Discharge or acceptance of
Title, 26-1 passengers, 35-4
FLOOD DAMAGE PREVENTION Emergency landings, 35-7
Administration, 28-12 — 28-15 Hovering, 35-3
Anchoring, 28-16 Misdemeanors, 35-5
Applicable lands, 28-6 Penalties for offenses, 35-6
Basis for establishing areas of Unauthorized takeoffs and landings,
special flood hazard, 28-7 35-2
Conflicting restrictions, 28-9
Definitions, 28-5
Findings of fact, 28-2 —I—
Flood hazard reduction provisions,
28-16 — 28-19 IMPOUNDMENT; animals, 6-14
Floodways, 28-19 INSPECTIONS
Interpretation, 28-10 Wetlands, 88-7
Methods of reducing flood losses,28 INSPECTOR; electrical control, 14-
4 92B, 14-92C
Mobile homes, 28-17 INSURANCE;officers and employees,
Nonresidential construction, 28-17 53 3
Penalties for offenses, 28-8 INTENTIONAL FALSE ALARM de-
Permits, 28-12 fined, 5-2
Residential construction, 28-17
Statement of purpose, 28-3
• Statutory authorization, 28-1 —L—
Subdivision proposals, 28-16
Town Engineer, 28-13, 28-14 LAKES defined, 88-2
Utilities, 28-16 LICENSES
Variances, 28-15 Alarm systems, 5-3
Warning and disclaimer of liability, Dogs, 6-11
28-11 LICENSING AUTHORITY defined,
FLOOD defined, 28-5 5-2
FLOODING defined, 28-5 LOCAL ALARM defined, 5-2
FLOOD INSURANCE RATE MAP
(FIRM) defined, 28-5
SI-3 6-25-84
MAMARONECK SUPPLEMENTAL INDEX
—M— —P—
MALFUNCTION defined, 5-2 Electrical control, 14-92D
MEMBERSHIP Flood damage prevention, 28-12
Water Control Commission, 88-3 Helicopters and other aircraft, 35-6
MINISTERIAL ACTION defined, 23- Parking lots, 54-13.1, 54-14
Parks, 55-26
MINORS: parks, 55-25 Wetlands, 88-7
MOBILE HOMES PERMITS
Defined, 28-5 Flood damage prevention, 28-12 •
Flood damage prevention, 28-17 Pistols, 25-13
Wetlands, 88-5, 88-6
PERSON defined, 23-1, 88-2
—N— PISTOL PERMITS
Fees, 25-13
NEW CONSTRUCTION defined, 28-5 Firearms, 25-13
NEW MOBILE HOME PARK OR PLANNING BOARD defined, 23-1
MOBILE HOME SUBDIVISION PONDS defined, 88-2
defined, 28-5 POWERS AND DUTIES
NOTICES Water Control Commission, 88-4
Environment quality review, 23-6, PUBLIC PLACE defined, 5A-3
23-9, 23-12, 23-16
Records, public access to, 63-9 —R—
—O— RAINFALL DRAINAGE SYSTEMS
defined, 88-2
OFFICERS AND EMPLOYEES RECORDS
Conferral of benefits, 53-1 Environmental quality review, 23-21
Defense and indemnification, 53-1 — RECORDS, PUBLIC ACCESS TO
53-3 Denial of access, 63-7
Purchase of liability insurance, 53-3 Fees, 63-8
Town to be liable for costs, 53-2 Hours, 63-4
Location of records, 63-3
Public notice, 63-9
Purpose and scope, 63-1
—P Records access officer, 63-2
PARKING Removal or copying, 63-6
Requests, 63-5
Apartment complexes, 81-47 Subject matter list, 63-6
PARKING LOTS RENT CONTROL, see TENANT
Fees, 54-5, 54-7, 54-7.1 PROTECTION •
Penalties for offenses, 54-13.1. 54-14 RESERVOIRS defined, 88-2
PARKS
Hours of use, 55-24
Minors, 55-25 —S—
Penalties for offenses, 55-26
PENALTIES FOR OFFENSES SAND DUNES defined, 28-5
Alarm systems, 5-3, 5-6 SENIOR CITIZEN TAX EXEMP-
Alcoholic beverages, 5A-7 TION, see TAX EXEMPTION,
Animals, 6-13 SENIOR CITIZENS
SI.4 6-25-84
MAMARONECK SUPPLEMENTAL INDEX
—S— —V—
•
SPECIAL USE PERMITS; fees, 89- VARIANCES
49 Defined, 28-5
START OF CONSTRUCTION Flood damage prevention, 28-15
defined, 28-5 VEHICLE AND TRAFFIC
STRUCTURE defined, 28-5 Private streets in apartment
SUBDIVISION OF LAND; flood complexes, 81-47
damage prevention, 28-16 School speed zones, 81-10
SUBSTANTIAL IMPROVEMENT Speed reductions, 81-1
• defined, 28-5
—T— —W
TAXATION WATER CONTROL COMMISSION
Senior citizens tax exemption, 74-6 Created, 88-3
— 74-8 Meetings, 88-3
Tax exemption reduction,74-1 — 74 Membership, 88-3
5 Powers and duties, 88-4
TAX EXEMPTION REDUCTION, Terms' 88-3
BUSINESS WETLANDS
Business investment exemption Acts in controlled areas, 88-5
reduced, 74-4 Definitions, 88-2
Definitions, 74 3 Enforcement, 88-8
Legislative intent, 74-1 Inspection, 88-7
Title, 74-2 Legislative intent, 88-1
When effective, 74-5 Penalties, 88-7
TAX EXEMPTION, SENIOR CITI- Permits, 88-5, 88-6
ZENS Water Control Commission,88-3,88-
Conditions, 74-7 4
Exemption granted, 74-7
Purpose, 74-6
TENANT PROTECTION; Tenant
Emergency Protection Act
adopted, 76-1
TERMS OF OFFICE
Water Control Commission, 88-3
TOWN defined, 23-1
TRANSPORTATION FACILITIES
defined, 5A-3
•
—U—
UTILITIES; flood damage preven-
tion, 28-16
SI-5 6-25-R4
MAMARONECK INDEX
—A— —A—
ABANDONED REFRIGERATORS, AMUSEMENT DEVICES
see CONTAINER HAZARDS Building Code, 14-83
ABANDONED SWIMMING POOLS, Defined, 14-5
14-134 AMUSEMENT PARK; Building
ACCUMULATIONS; Fire Prevention Code, 14-95
Code, 27-40 ANIMALS
ADOPTION OF CODE Applicability, 6-6
Amendments, 1-6 Calves, 6-2
Code book kept up-to-date, 1-7 Conservation areas, 17-12
• Copies on file, 1-5, 1-9 Definitions, 6-11
Distribution of local laws, ordi- Dogs, 6-4
nances and resolutions, 1-2 General regulation, 6-3
Incorporation of provisions, 1-11 Noise, 6-3B
Legislative intent, 1-1 Parks, 55-17, 55-18
Meaning and intent of previously Penalties for offenses, 6-4, 6-5
adopted legislation, 1-3 Permits, 6-2
Penalties for offenses, 1-10 Swine, 6-1
Publication, 1-9 Title, 6-8
Sale of Code book, 1-8 APARTMENT defined, 14-5
Severability, 1-4 APPOINTMENTS
Supplementation, 1-8 Board of Architectural Review, 89-
When effective, 1-12 49E
ADVERTISEMENTS Building Inspector, 14-2A
Applicability, 3-3 Fire Inspector, 27-2
Conservation areas, 17-16 Plumbing Inspector, 60-27
Definitions, 3-8 APPROVED defined, 14-5, 60-36
Hawking and peddling, 34-11 AREA, BUILDING defined, 89-3
Parks, 55-13 AREA defined, 14-5
Penalties for offenses, 3-2 AREAWAY defined, 14-5
Posting, 3-1 ATTIC defined, 14-5
Title, 3-5 AUCTIONEERING, see LICENSED
ADVERTISING SIGNS, see OUT- OCCUPATIONS
DOOR ADVERTISING SIGNS
AGGREGATE defined, 14-5
ALARM SYSTEMS —B—
Definitions, 5-2
Fees, 5-3 BASEMENT defined, 14-5, 89-3
General regulations, 5-4 BAY WINDOW defined, 14-5
Penalties for offenses, 5-3, 5-4 BEARING WALL defined, 14-5
Permits, 5-3 BICYCLES
• Purpose, 5-1 Bicycle dealers, 8-7
Reports, 5-7 Penalties for offenses, 8-8
Special provisions, 5-5 Registration, 8-1 — 8-3, 8-6
ALTERATION defined, 14-5 Registration plates and cards,8-3,8-
ALTER defined, 89-3 6
AMMUNITION, see SMALL ARMS Removal of registration number, 8-6
AMMUNITION Rental agencies, 8-7
AMPLIFYING DEVICES; noise reg- Secondhand bicycles, 8-5
ulations, 51-1 Transfer of ownership, 8-4
1 8-25-76
MAMARONECK INDEX
—B— —B—
BINGO Fees, 11-2
Disposition of proceeds, 9-4 Licenses, 11-1, 11-2, 11-4
Incorporation by reference, 9-11 Penalties for offenses, 11-8
Licenses, 9-1 Title, 11-11
Management, 9-7 Vacating premises for violations, 11-
Penalties for offenses, 9-10 5
Remuneration, 9-8 BUILDING, ACCESSORY defined,
Rental restriction, 9-3 89-3
Series of prizes, 9-6 BUILDING CODE
Single prizes, 9-5 Amusement devices, 14-83 411
Suppliers, 9-9 Amusement-park protection, 14-95
Unlicensed operation, 9-2 Application, 14-1
BLASTING Bonds, 14-3D
Bonds, 27-22 Boundary lines,fences and walls, 14-
Fees, 27-22 122
Fire Prevention Code, 27-21, 27-22 Building Inspector, 14-2
Permits, 27-22 Building permits, 14-3, 14-4
BOARD defined, 67-1 Building restrictions, 14-8 — 14-19
BOARD OF APPEALS Certificate of occupancy, 14-4
Fees for advertising hearing, 89-79 Chimneys and flues, 14-62
Organization, 89-77A Classification of buildings, 14-6
Powers and duties, 89-77B Definitions, 14-5
Zoning, 89-77 — 89-79 Design and construction, 14-43 —
BOARD OF ARCHITECTURAL RE- 14-54
VIEW Electrical control, 14-92
Appointment of, 89-49E Elevators, 14-81 — 14-86
Duties, 89-49E Excavations, 14-44, 14-123 — 14-128
Membership, 89-49E Exit facilities, 14-23 — 14-34
Special use permits, 89-49 Family swimming pools, 14-129 —
BOARD OF ETHICS 14-135.3
Compensation, 24-7 Fire-extinguishing equipment, 14-93
Ethics, Code of, 24-7 —14-95
Membership, 24-7 Fire protection, 14-56 — 14-61
BOARD OF PARK COM- Heat-producing appliances, 14-63 —
MISSIONERS defined, 55-2 14-71
BONDS Light and ventilation, 14-20 — 14-
Blasting, 27-22 22, 14-34C, 14-90
Building Code, 14-3D Materials, loads and stresses, 14-35
Fire Prevention Code, 27-22, 27-25 — 14-42
Plumbing Code, 60-21 Miscellaneous equipment, 14-87 —
Public transportation, 62-5 14-91 •
Sewer connections, 64-6 Oil separators, 14-91
Streets and sidewalks, 73-3, 73-9 Outdoor advertising signs, 14-96 —
Subdivision plats, App. Pt. I, 7, 14 14-108
BONFIRES; Fire Prevention Code, Outdoor illumination, 14-136 — 14-
27-39 142
BOWLING ALLEYS Penalties for offenses, 14-4V, 14-
Applicability, 11-9 135.3, 14-141
Closing hour, 11-6 Safety requirements, 14-55
Compliance, 11-3, 11-7 Shutoff valves, 14-89
2 8-25-76
MAMARONECK INDEX
—B— —C—
Special occupancies, 14-72 — 14-80 CEMENT-LIME MORTAR defined,
Types of construction, 14-7 14-5
Unsafe buildings and structures, 14- CEMENT MORTAR defined, 14-5
109 — 14-121 CENTRAL ALARM SYSTEM de-
Water closets, 14-88 fined, 5-2
Water supply, 14-87 CERTIFICATE OF APPROVAL;
BUILDING defined, 14-5, 89-3 subdivision plats, App. Pt. I, 7
BUILDING INSPECTOR CERTIFICATE OF COMPETENCY;
Appointment, 14-2A Plumbing Code, 60-16
• Building Code, 14-2 CERTIFICATE OF CONVENIENCE
Defined, 14-96 AND NECESSITY; public trans-
Powers and duties, 14-2 portation, 62-1 — 62-4
BUILDING, LENGTH defined, 89-3 CERTIFICATE OF INSPECTION;
BUILDING LINE defined, 14-5 Plumbing Code, 60-185
BUILDING, MAIN defined, 89-3 CERTIFICATE OF OCCUPANCY
BUILDING MATERIALS; streets Building Code, 14-4
and sidewalks, 73-8 Fees, 14-4F, 14-4J
BUILDING PERMITS Penalties for offenses, 14-4V
Building Code, 14-3, 14-4 Zoning, 89-74
Fees, 14-4T CESSPOOLS, see SEWERS,
Flood hazard areas, 28-1 — 28-4 CESSPOOLS, SEPTIC TANKS,
Penalties for offenses, 14-4V PRIVY VAULTS
Subdivision plats, App. Pt. I, 14 CHECKROOMS; dances and dance
Swimming pools, family, 14-131 — halls, 21-13
14-133 CHIMNEYS AND FLUES; Building
Zoning, 89-73, 89-75 Code, 14-62
See also LICENSES; PERMITS CINDERS, DUST, FLY ASH,
and SPECIAL USE-PERMITS NOXIOUS ACIDS, FUMES AND
BUILDING REQUIREMENTS; GASES defined, 67-1
dances and dance halls, 21-11 CLUB, MEMBERSHIP defined, 89-3
BULKHEAD defined, 14-5 CODE OF ETHICS, see ETHICS,
BUREAU OF SMOKE PREVEN- CODE OF
TION defined, 67-1 COMBUSTION EQUIPMENT;
BUSINESS AND INDUSTRIAL smoke control, 67-6
DISTRICTS COMPENSATION, see SALARIES
Construction requirements, 89-40 — AND COMPENSATION
89-42 CONCRETE defined, 14-5
Outdoor advertising signs, 14-103 CONFLICT OF INTEREST; Ethics,
Permitted uses, 89-26 — 89-29 Code of, 24-4
Zoning, 89-26 — 89-29, 89-40 — 89- CONSERVATION ADVISORY
• 42 COMMISSION
Name established, 16-1
Powers and duties, 16-2
—C— CONSERVATION AREAS
Advertisements, 17-16
CALVES; animals, 6-2 Animal damage, 17-12
CAMPING AND PICNICKING; Camping and picnicking, 17-10
conservation areas, 17-10 Definitions, 17-2
CELLAR defined, 14-5 Disorderly conduct, 17-13
3 8-25-76
MAMARONECK INDEX
—C— —D—
Disturbing areas or improvements, Definitions, 21-1
17-4 Fees, 21-3, 21-14
Fire prevention, 17-7 Licenses, 21-2 — 21-5, 21-12
Hours of use, 17-3 General title, 21-18
Hunting, 17-6 Minors, 21-10
Games, 17-11 Penalties for offenses, 21-15
Littering, 17-8 Plumbing, 21-13
Parking, 17-15 Police supervision, 21-8
Penalties for offenses, 17-17 Sanitation and lighting, 21-6
Property damage, 17-5 Special permits, 21-9 •
Sports, 17-9 Vacating for violations, 21-7
Title, 17-1 DEAD END defined, 60-36
Traffic regulations, 17-14 DEAD LOAD defined, 14-5
Wildlife, 17-6 DECALS; parking lots, 54-9, 54-11
CONSERVATION COMMITTEE de- DEFINITIONS
fined, 17-2 Aggregate, 14-5
CONSTRUCTION, defined, 14-5 Alter, 89-3
CONSTRUCTION DRAWINGS Alteration, 14-5
Defined, App. Pt. I, 3 Amusement device, 14-5
Subdivision plats, App. Pt. I, 11 Apartment, 14-5
CONTAINER HAZARDS Approved, 14-5, 60-36
Alterations required, 19-1 Area, 14-5
Applicability, 19-3 Area, building, 89-3
Definitions, 19-8 Areaway, 14-5
General title, 19-5 Attic, 14-5
Penalties for offenses, 19-2 Basement, 14-5, 89-3
CONTROL AUTHORITY defined, 5-2 Bay window, 14-5
COPIES ON FILE Bearing wall, 14-5
Adoption of Code, 1-5, 1-9 Board, 67-1
Ethics, Code of, 24-11 Board of Park Commissioners, 55-2
COSTS, see FEES Building, 14-5, 89-3
COUNTY ROADS defined, 66-2 Building, accessory, 89-3
COURT defined, 14-5, 89-3 Building Inspector, 14-96
COURT, INNER defined, 89-3 Building, length, 89-3
COURT, OUTER defined, 89-3 Building line, 14-5
COVERAGE defined, 89-3 Building, main, 89-3
CROSSWALKS; traffic regulations, Bulkhead, 14-5
81-13 Bureau of Smoke Prevention, 67-1
CURB LEVEL defined, 14-5 Cellar, 14-5
CURTAIN WALL defined, 14-5 Cement-lime mortar, 14-5
Cement mortar, 14-5 4111
Central alarm system, 5-2
—D— Cinders,dust,fly ash,noxious acids,
fumes and gases, 67-1
DANCES AND DANCE HALLS Club, membership, 89-3
Applicability, 21-16 Concrete, 14-5
Building requirements, 21-11 Conservation area, 17-2
Checkrooms, 21-13 Conservation Committee, 17-2
Closing hour, 21-9 Construction, 14-5
Compliance, 21-4 Construction drawings,App. Pt. I, 3
4 8-25-76
MAMARONECK INDEX
—D— —D—
Control authority, 5-2 Grade, finished, 89-3
County roads, 66-2 Habitable room, 14-5
Court, 14-5, 89-3 Height, 14-5
Court, inner, 89-3 Height of building or structure, 89-3
Court, outer, 89-3 Hereafter, 14-5
Coverage, 89-3 Heretofore, 14-5
Curb level, 14-5 Home occupation, 89-3
Curtain wall, 14-5 Hospital, 89-3
Dead end, 60-36 House drain, 60-36
• Dead load, 14-5 House sewer, 60-36
Dense smoke, 67 1 House trailer, 37-22, 89-3
Direct alarm, 5-2 Housing accommodation, 38-2
District, 89-3 Inspector of Buildings, 14-96
Dune buggy, 82-1 Intentional false alarm, 5-2
Dwelling, 14-5, 89-3 Interest, 24-3
Dwelling, multifamily, 89-3 Lime mortar, 14-5
Dwelling, one-family, 89-3 Live load, 14-5
Dwelling, two-family, 89-3 Loading space, 89-3
Dwelling unit, 89-3 Lot, 89-3
Effect the elimination of the Lot area, 89-3
discriminatory practice, 38-2 Lot, corner, 89-3
Emergency, 87-2 Lot depth, 89-3
Emergency alarm, 5-2 Lot, interior, 89-3
Enclosure wall, 14-5 Lot line, 14-5, 89-3
Examination, 60-10 Lot line, front, 89-3
Explosives, 27-19 Lot width, 89-3
Faced wall, 14-5 Main, 60-36
Factory, 14-5 Masonry, 14-5
False emergency alarm, 5-2 Master Plan, App. Pt. I, 3
Family, 14-5, 89-3 Metered municipal parking field, 81-
Final layout, App. Pt. I, 3 23
Fire partition, 14-5 Motel, 48-1, 89-3
Fireproof construction, 14-5 Motorcycle, 82-1
Fire wall, 14-5 Motor-driven cycle, 82-1
Fireworks, 27-27 Motor vehicle, 82-1
Floor area, 14-5 Multiple dwelling, 14-5
Floor area ratio, 89-3 National origin, 38-2
Floor filling, 14-5 Nonconforming use, 89-3
Footing, 14-5 Nursery school, 89-3
Foundation wall, 14-5 Occupied, 14-5
Frame construction, 14-5 Official Map, App. Pt. I, 3
Frontage, 89 3 Operator, 81-23
Front or face of a building, 14-96 Owner, 14-5
Front setback line, 89-3 Panel wall, 14-5
Garage, 14-5 Parapet wall, 14-5
Garage, private, 89-3 Parking area, 89-3
Garage, public, 89-3 Parking lot, 54-1
Gasoline station, 89-3 Parking meter zone, 81-23
Go-cart, 82-1 Parking space, 89-3
Grade, 14-5
5 8-25-78
MAMARONECK INDEX
�D- -D-
Park, parking or parked, 30-17, 34- State highway, 66-2
18, 37-22, 41-16, 46-9, 51-10, 57-9, Story, 14-5, 89-3
69-8, 73-18, 77-9, 81-22, 81-23 Story, half, 89-3
Parks, 55-2 Street, 14-5, 30-17, 34-18, 37-22, 41-
Party wall, 14-5 16,46-9,51-10,57-9,69-8,73-18,77-
Penthouse, 14-5 9, 81-22, 89-3
Permit, 17-2, 27-12, 55-2 Street line, 89-3
Person, 3-8, 6-11, 14-5, 14-96, 17-2, Structure, 14-5, 89-3
19-8,21-1,25-8,30-17, 34-18, 37-22, Subdivision, App. Pt. I, 3
38-2, 41-16, 46-9, 48-1, 51-10, 54-1, Superintendent of Smoke •
55-2, 57-9, 61-2, 69-8, 73-18, 77-9, Prevention, 67-1
81-22, 81-23, 87-2 Swimming pool, 14-129
Person, firm or corporation, 67-1 Taxicab, 41-16
Piers, 14-5 Tourist camp, 37-22
Planning Board, App. Pt. I, 3 Town, 17-2,24-3,54-1,61-2,66-2,87-
Plat, App. Pt. 1, 3 2
Plumbing, 60-36 Town Attorney, 38-2
Police alarm device, 5-2 Town employee, 24-3
Police headquarters, 5-2 Town Engineer, App. Pt. I, 3
Preliminary layout, App. Pt. I, 3 Town highway, 66-2
Private garage, 14-5 Town of Mamaroneck, 38-2
Private homes, 21-1 Town Superintendent, 66-2
Private livery, 41-16 Trailer camp, 37-22
Projecting sign, 14-96 Trap, 60-36
Public ball, 21-1 Trap seal, 60-36
Public dance, 21-1 Unauthorized intrusion, 5-2
Public dance hall, 21-1 Usable open space, 89-3
Public garage, 14-5 Usage, 54-1
Reinforced concrete, 14-5 Use, 89-3
Repair, 14-5 Use, accessory, 89-3
Required, 14-5 Value, 14-5
Respondent, 38-2 Vehicle, 30-17, 34-18, 37-22, 41-16,
Retaining wall, 14-5 46-9, 51-10, 57-9, 69-8, 73-18, 77-9,
Ringelmann Chart, 67-1 81-22, 81-23
Roof sign, 14-96 Veneered wall, 14-5
Rooming house, 89-3 Vent pipe, 60-36
Self-closing, 14-5 Wading pool, 14-129
Semifireproof construction, 14-5 Waste pipe, 60-36
Shaft, 14-5 Water, 87-2
Sidewalks,30-17,34-18,37-22,41-16, Water distribution pipes, 60-36
46-9, 51-10, 57-9, 69-8, 73-18, 77-9, Water service pipe, 60-36 •
81-22 Yard, 14-5, 89-3
Sign or signs, 14-96, 89-3 Yard, front, 89-3
Small arms ammunition, 27-30 Yard, rear, 89-3
Special waste, 60-36 Yard, side, 89-3
Specifications, App. Pt. I, 3 Zoning Map, App. Pt. I, 3
Sprinklered, 14-5 , DENSE SMOKE
Stack, 60-36 Defined, 67-1
Standard fire test, 14-5 Smoke control, 67-2, 67-3
Standing sign, 14-96 DIRECT ALARM defined, 5-2
6 8-25-76
MAMARONECK INDEX
—D— —E—
DISCRIMINATORY PRACTICES, Copies distributed to employees, 24-
see HOUSING STANDARDS 10
DISORDERLY CONDUCT Copy to be filed, 24-11
Conservation areas, 17-13 Definitions, 24-3
Parks, 55-19 Functions, 24-8
Peace and good order, 57-2 Legislative intent, 24-1
DISTRICT defined, 89-3 Posting of local law, 24-10
DOGS; animals, 6-4 Provisions implementing state law,
DRIVEWAYS; traffic regulations, 81- 24-2
i13 Rules and regulations, 24-9
DUMP, USE OF; garbage and rub- Standards, 24-5
bish, 30-1 Violations, 24-6
DUNE BUGGY EXAMINATION defined, 60-10
Defined, 82-1 EXAMINING BOARD OF PLUMB-
See also VEHICLES,OPERATION ERS
OF Compensation, 60-6, 60-13
DUTIES, see POWERS AND DUT- Establishment, 60-4
IES Examinations, 60-8, 60-9, 60-11, 60-
DWELLING defined, 14-5, 89-3 12
DWELLING, MULTIFAMILY de- Fees, 60-8, 60-9
fined, 89-3 Jurisdiction, 60-7
DWELLING, ONE-FAMILY defined, , Membership, 60-5
89-3 Plumbing Code, 60-4 — 60-13
DWELLING,TWO-FAMILY defined, Terms, 60-5
89-3 EXCAVATIONS, BUILDING;
DWELLING UNIT defined, 89-3 Building Code, 14-44
EXCAVATIONS, SOIL
Building Code, 14-123 — 14-128
—E— Drainage, 14-127
Filling, 14-128
EFFECT THE ELIMINATION OF Manner of operation, 14-123
THE DISCRIMINATORY Permits, 14-124 — 14-126
PRACTICE defined, 38-2 EXIT FACILITIES; Building Code,
ELECTRICAL CONTROL 14-23 — 14-34
Building Code, 14-92 EXPLOSIVES
Swimming pools, family, 14-133G Defined, 27-19
ELEVATORS; Building Code, 14-81 Fire Prevention Code, 27-19, 27-20
— 14-86 Permits, 27-20
EMERGENCY
Defined, 87-2
410 Water control, 87-1 — 87-9 —F—
EMERGENCY ALARM
Defined, 5-2 FACED WALL defined, 14-5
See also ALARM SYSTEMS FACTORY defined; 14-5
ENCLOSURE WALL defined, 14-5 FALSE EMERGENCY ALARM de-
ETHICS, CODE OF fined, 5-2
Appropriation of funds, 24-12 FAMILY defined, 14-5, 89-3
Board of Ethics, 24-7 FARES, see FEES
Conflicts of interest, 24-4
7 8-25-76
MAMARONECK INDEX
—F— —F—
FEES FIRE INSPECTOR
Alarm systems, 5-3 Appointment, 27-2
Blasting, 27-22 Fire Prevention Code, 27-2
Board of Appeals, 89-79 Powers and duties, 27-2
Bowling alleys, 11-2 FIRE PARTITION defined, 14-5
Building permits, 14-4T FIRE PREVENTION CODE
Certificate of occupancy, 14-4F, 14- Accumulations, 27-40
4J Administration, 27-41 — 27-44
Dances and dance halls, 21-3, 21-14 Aisles and passageways, 27-36
Examining Board of Plumbers,60-8, Annual report, 27-10
60-9 Blasting, 27-21, 27-22
Garbage and rubbish, 30-1 Bonds, 27-22, 27-25
Hawking and peddling, 34-5 Bonfires, 27-39
House sewers, 60-32 Dangerous conditions, 27-4
House trailers, trailer camps and Definitions, 27-12, 27-19, 27-27, 27-
tourist camps, 37-2, 37-3 30
Licensed occupations, 41-2, 41-4, 41- Doors, 27-35
5 Explosives, 27-19, 27-20
Outdoor advertising signs, 14-99 Fees for blasting permits, 27-22
Outdoor illumination, 14-139 Fire drills in schools, 27-7
Parking lots, 54-5, 54-7 Fire Inspector, 27-2
Plumbing Code,60-8,60-9,60-16,60- Fireworks, 27-27 — 27-29
19, 60-22, 60-31, 60-32 First-aid fire appliances,27-37,27-38
Police escort service, 59-3, 59-4 General provisions, 27-1 — 27-10
Public transportation, 62-7 Inspection before granting permits,
Smoke control, 67-13 27-14
Taxis, 75-3, 75-7 Inspection of premises, 27-3
Vehicles, operation of, 82-4 Investigation of fires, 27-5, 27-6
FENCES Obstructions in hallways, 27-34
Building Code, 14-122 Penalties for offenses, 27-41
Swimming pools, family, 14-133E Permits, 27-11 — 27-32
FINAL LAYOUT Record of fires, 27-9
Defined, App. Pt. I, 3 School doors, 27-8
Subdivision plats, App. Pt. I, 7 Small arms ammunition,27-30— 27-
FINES, see PENALTIES FOR OF- 32
FENSES Storage of combustible or flammable
FIREARMS materials, 27-33
Applicability, 25-3 FIRE PREVENTION; conservation
Definitions, 25-8 areas, 17-7
Firing regulations, 25-1 — 25-8 FIREPROOF CONSTRUCTION de-
•
General title, 25-5 fined, 14-5
Penalties for offenses, 25-2, 25-10 FIRE PROTECTION; Building Code,
Sale and use, 25-9 — 25-12 14-56 — 14-61
See also HUNTING FIRE WALL defined, 14-5
FIRE DEPARTMENT; trespassing, FIREWORKS
77-1 Defined, 27-27
FIRE-EXTINGUISHING EQUIP- Fire Prevention Code,27-27 — 27-29
MENT Permit, 27-29
Building Code, 14-93 — 14-95 Prohibition, 27-28
Fire Prevention Code, 27-37, 27-38
8 8-25-76
MAMARONECK INDEX
—F— —G—
FIRST-AID FIRE APPLIANCES; Sanitation, 30-2
Fire Prevention Code, 27-37, 27-38 Separation of materials, 30-8
FLOOD HAZARD AREAS Use of dump, 30-1
Construction to minimize damage, Vegetation wastes, 30-10
28-1 GASOLINE STATION defined, 89-3
Review of subdivision applications, GENERAL PROVISIONS, see
28-3 ADOPTION OF CODE
Sites safe from flooding, 28-2 GO-CART
Specifications, 28-3 Defined, 82-1
4111 FLOOR AREA defined, 14-5, 89-3 See also VEHICLES,OPERATION
FLOOR FILLING defined, 14-5 OF
FOOTING defined, 14-5 GRADE defined, 14-5
FOUNDATION WALL defined, 14-5 GRADE, FINISHED defined, 89-3
FRAME CONSTRUCTION defined, GRADES AND CURVES; sewer con-
14-5 nections, 64-11
FRONTAGE defined, 89-3
FRONT OR FACE OF A BUILDING
defined, 14-96 —H—
FRONT SETBACK LINE defined,89-
3 HABITABLE ROOM defined, 14-5
HAWKING AND PEDDLING
Advertisements, 34-11
—G— Applicability, 34-13
Definitions, 34-18
GAMES Exclusions enumerated, 34-6 — 34-9
Conservation areas, 17-11 Fees, 34-5
Parks, 55-14 General title, 34-15
GARAGE AND YARD SALES Licensing of persons, 34-1, 34-3 —
Inspections, 29-5 34-5, 34-10
Licenses, 29-3 Licensing of vehicles, 34-2 — 34-6,
Legislative intent, 29-1 34-10
Penalties for offenses, 29-4 Penalties for offenses, 34-12
Signs, 29-3C Personal permit, 34-4
Type of sales and articles regulated, HEATING;property maintenance,61-
29-2 8
GARAGE defined, 14-5 HEAT-PRODUCING APPLI-
GARAGE, PRIVATE defined, 89-3 ANCES; Building Code, 14-63 —
GARAGE, PUBLIC defined, 89-3 14-71
GARBAGE AND RUBBISH HEIGHT defined, 14-5
• Containers, 30-5, 30-6 Definitions, 30-17 HEIGHT EXCEPTIONS; zoning, 89-
45
Exclusions, 30-4 HEIGHT OF BUILDING OR
Fees, 30-1 STRUCTURE defined, 89-3
General title, 30-14 HEREAFTER defined, 14-5
Littering, 30-3 HERETOFORE defined, 14-5
Noncombustibles, 30-9 HOME OCCUPATION defined, 89-3
Penalties for offenses, 30-11 HOSPITAL defined, 89-3
Permits, 30-1 HOUSE DRAIN
Placement for collection, 30-7 Defined, 60-36
Prohibited items, 30-1
9 8-25-76
MAMARONECK INDEX
—H— —I—
See also HOUSE SEWERS, IMPOUNDMENT;vehicles,operation
HOUSE DRAINS AND LEADER of, 82-3, 82-4
DRAINS INDUSTRIAL DISTRICTS, see
HOUSE SEWERS BUSINESS AND INDUSTRIAL
Defined, 60-36 DISTRICTS
Fees, 60-32 INSPECTIONS
Inspections, 60-32 Fire Prevention Code, 27-3, 27-14
See also SEWER CONNECTIONS Garage and yard sales, 29-5
HOUSE SEWERS, HOUSE DRAINS House sewers, 60-32
AND LEADER DRAINS; Plumb- Outdoor illumination, 14-139
ing Code, 60-136 — 60-156 Plumbing Code, 60-184, 60-185
HOUSE TRAILER Smoke control, 67-7
Defined, 37-22, 89-3 Swimming pools, family, 14-135
Zoning, 89-47 INSPECTOR OF BUILDINGS
HOUSE TRAILERS, TRAILER Defined, 14-96
CAMPS AND TOURIST CAMPS See also BUILDING INSPECTOR
Applicability, 37-17 INTENTIONAL FALSE ALARM de-
Compliance, 37-6 fined, 5-2
Conversion to dwelling, 37-7 INTEREST defined, 24-3
Definitions, 37-22
Enforcement, 37-9
Exclusion: storage of trailer, 37-15 —J—
Fees, 37-2, 37-3
General title, 37-19 JOINTS AND CONNECTIONS;
Licenses and permits, 37-1 — 37-3, Plumbing Code, 60-60 — 60-76
37-10 — 37-12
Penalties for offenses, 37-14, 37-16
Regulations for house trailers, 37-8 —L—
Regulations for trailer camps and
tourist camps, 37-4 LICENSED OCCUPATIONS
Responsibility of parties concerned, Applicability, 41-11
37-13 Definitions, 41-16
Right of entry, 37-9 Denial of license, 41-7
Time limit on period of stay, 37-5 Expiration of licenses, 41-4
HOUSING ACCOMMODATION de- General title, 41-13
fined, 38-2 License fees, 41-2, 41-4, 41-5
HOUSING STANDARDS Licenses required, 41-1
Acts prohibited, 38-3 Lost badges or licenses, 41-4
Definitions, 38-2 Penalties for offenses, 41-10
Enforcement, 38-4 Reapplication, 41-8
Legislative intent, 38-1 Revocation, 41-9 •
Penalties for offenses, 38-5 Taxicab driver's license, 41-6
HUNTING Taxicabs and private liveries, 41-5
Conservation areas, 17-6 Term of licenses, 41-3
Parks, 55-16 LICENSE FEES, see FEES
See also FIREARMS LICENSES
Bingo, 9-1
—I— Bowling alleys, 11-1, 11-2, 11-4
ICE REMOVAL, see SNOW AND Dances and dance halls, 21-1 — 21-5,
ICE REMOVAL 21-12
10 8-25-76
MAMARONECK INDEX
—L— —M—
Garage and yard sales, 29-3 MAIN defined, 60-36
Hawking and peddling,34-1 — 34-3, MASONRY defined, 14-5
34-5 — 34-10 MASTER PLAN defined,App.Pt. I,3
House trailers, trailer camps and MATERIALS, LOADS AND
tourist camps, 37-1 — 37-3, 37-10 STRESSES; Building Code, 14-35
— 37-12 — 14-42
Plumbing Code, 60-3, 60-14 — 60-26 MINORS
Public transportation, 62-5, 62-7 Dances and dance halls, 21-10
Sewer connections, 64-5, 64-6 Parks, 55-24
• Taxis, 75-1 — 75-3 See also PARENTAL RESFONSI
See also BUILDING PERMITS; BILITY
PERMITS and SPECIAL-USE MEMBERSHIP
PERMITS Board of Architectural Review, 89-
LIGHTING 49E
Building Code, 14-20 — 14-22, 14- Board of Ethics, 24-7
34C, 14-90 Examining Board of Plumbers, 60-5
Dances and dance halls, 21-6 METERED MUNICIPAL PARKING
Swimming pools, family, 14-133G FIELD
See also OUTDOOR ILLUMIN- Defined, 81-23
ATION See also PARKING METERS
LIME MORTAR defined, 14-5 MOTELS
LITTERING Applicability, 48-7
Conservation areas, 17-8 Definitions, 48-1, 89-3
Garbage and rubbish, 30-3 General title, 48-9
Parks, 55-9 Liability, 48-4
LIVE LOAD defined, 14-5 Management duties, 48-3
LOADING SPACE defined, 89-3 Office required, 48-2
LOCAL LAW HEARINGS Penalties for offenses, 48-5, 48-6
Change in Town Law, 44-6 Posting of ordinance, 48-2
Notice of hearing, 44-1 MOTORCYCLE
Numbering, 44-5 Defined, 82-1
Posting of copies, 44-2 — 44-4 See also VEHICLES,OPERATION
Publication, 44-3, 44-4 OF
LOT AREA defined, 89-3 MOTOR-DRIVEN CYCLE defined,
LOT, CORNER defined, 89-3 82-1
LOT defined, 89-3 MOTOR VEHICLE defined, 82-1
LOT DEPTH defined, 89-3 MULTIPLE DWELLING defined, 14-
LOT, INTERIOR defined, 89-3 5
LOT LINE defined, 14-5, 89-3
LOT LINE, FRONT defined, 89-3
LOT MAINTENANCE —N—
Applicability, 46-4
Correction; notice to comply, 46-1 NATIONAL ORIGIN defined, 38-2
Definitions, 46-9 NOISE REGULATION
General title, 46-6 Amplifying devices, 51-1
Lots at street intersections, 46-2 Animals, 6-3B
Penalties for offenses, 46-3 Applicability, 51-5
See also PROPERTY MAIN- Definitions, 51-10
TENANCE General title, 51-7
LOT WIDTH defined, 89-3 Penalties for offenses, 51-4
11 8-25-76
MAMARONECK INDEX
—N— —P—
Unnecessary noise, 51-3 PANEL WALL defined, 14-5
Whistles and other noise in- PARADES
struments, 51-2 Parks, 55-10
NONCONFORMING SIGNS Traffic regulations, 81-14
Outdoor advertising signs, 14-108 PARAPET WALL defined, 14-5
Zoning, 89-60 PARENTAL RESPONSIBILITY
NONCONFORMING USE Vehicles, operation of, 82-5
Defined, 89-3 See also MINORS
Zoning, 89-54 — 89-62 PARKING
NURSERY SCHOOL defined, 89-3 Conservation areas, 17-15 •
Parking fields designated, 81-24, 81-
25
—0— Parking lots, 54-12
Parks, 55-21
OCCUPIED defined, 14-5 PARKING AREA defined, 89-3
OFFICE BUILDING DISTRICTS PARKING LOTS
Outdoor advertising signs, 14-104 Application of regulations, 54-2
See also BUSINESS AND INDUS- Attachment of decal, 54-9, 54-11
TRIAL DISTRICTS Definitions, 54-1
OFFICIAL MAP defined, App. Pt. I, Enforcement, 54-13
3 Fees, 54-5, 54-7
OPERATOR defined, 81-23 Hours of permitted use, 54-4
OUTDOOR ADVERTISING SIGNS Illumination of, 14-136
Building Code, 14-96 — 14-108 Outdoor illumination, 14-136
Business districts and light industry Overnight parking lots designated,
districts, 14-103 54-3
Definitions, 14-96 Parking, 54-12
Fees, 14-99 Penalties for offenses, 54-14
General safety provisions, 14-106 Permits, 54-5 — 54-8, 54-10
Illuminated signs, special signs and Special permit parking area, 54-5
illumination of buildings, 14-105 Transfer of ownership, 54-11
Nonconforming signs, 14-108 PARKING METERS
Office building districts, 14-104 Applicability, 81-38
Permits, 14-97 — 14-100 Coin substitutes, 81-30
Residential districts, 14-102 Designation of additional fields, 81-
Unsafe and unlawful signs, 14-101 25
Variances, 14-107 Designation of existing parking
See also SIGNS fields, 81-24
OUTDOOR ILLUMINATION Establishment of zones, 81-27
Building Code, 14-136 — 14-142 General title, 81-40
•
Certificates of inspection, 14-139 Hours of operation, 81-33
Fees, 14-139 Marking of spates, 81-28
Parking lots, 14-136 Penalties for offenses, 81-34, 81-37
Penalties for offenses, 14-141 Regulations, 81-26, 81-29
Sales lots, 14-137 Tagging of violators, 81-32
Signs, 14-138 Tampering with meters, 81-31
Temporary relief permit, 14-140 Vehicle and traffic, 81-23 — 81-41
See also LIGHTING PARKING METER ZONE defined,
OWNER defined, 14-5 81-23
12 8.25-76
MAMARONECK INDEX
—P— —P—
PARKING, OFF-STREET; zoning, Building Code, 14-4V, 14-135.3, 14-
89-63 — 89-70 141
PARKING SPACE defined, 89-3 Conservation areas, 17-17
PARK, PARKING OR PARKED de- Container hazards, 19-2
fined,30-17,34-18,37-22,41-16,46- Dances and dance halls, 21-15
9, 51-10, 57-9, 69-8, 73-18, 77-9, 81- Firearms, 25-2, 25-10
22, 81-23 Fire Prevention Code, 27-41
PARKS Garage and yard sales, 29-4
Advertisements, 55-13 Garbage and rubbish, 30-11
• Animals, 55-17, 55-18 Hawking and peddling, 34-12
Definitions, 55-2 House trailers, trailer camps and
Disorderly conduct, 55-19 tourist camps, 37-14, 37-16
Disturbing constructions, 55-4 Housing standards, 38-5
Disturbing property, 55-3 Licensed occupations, 41-10
Games, 55-14 Lot maintenance, 46-3
Littering, 55-9 Motels, 48-5, 48-6
Lying on lawns, 55-7 Noise regulation, 51-4
Minors, 55-24 Outdoor illumination, 14-141
Overhead wires, 55-5 Parking lots, 54-14
Parades and processions, 55-10 Parking meters, 81-34, 81-37
Parking, 55-21 Parks, 55-25
Penalties for offenses, 55-25 Peace and good order, 57-3
Permits for sales, 55-12 Plumbing Code, 60-35
Plant life protection, 55-8 Property maintenance, 61-4
Property damage, 55-6 Public transportation, 62-9
Public hack stands, 55-22 Sewer connections, 64-15
Public meetings, 55-11 Smoke control, 67-14, 67-16
Restricted areas, 55-23 Snow and ice removal, 69-2
Sports, 55-15 Streets and sidewalks, 73-12
Title, 55-1 Swimming pools, family, 14-135.3
Traffic regulations, 55-20 Taxis, 75-8
Wildlife, 55-16 Traffic regulations, 81-9, 81-16
PARTY WALL defined, 14-5 Trespassing, 77-3
PEACE AND GOOD ORDER Vehicles, operation of, 82-6
Applicability, 57-4 Water, 84-3
Definitions, 57-9 Water control, 87-7
General title, 57-6 Zoning, 89-76
Improper conduct, 57-2 PENTHOUSE defined, 14-5
Penalties for offenses, 57-3 PERMIT FEES, see FEES
• Riots, 57-1 PERMITS
PEDDLING, see HAWKING AND Alarm systems, 5-3
PEDDLING Animals, 6-2
PENALTIES FOR OFFENSES Blasting, 27-22
Adoption of Code, 1-10 Dances and dance halls, 21-9
Advertisements, 3-2 Defined, 17-2, 27-12, 55-2
Alarm systems, 5-3, 5-4 Excavations, soil, 14-124 — 14-126
Animals, 6-4, 6-5 Explosives, 27-20
Bicycles, 8-8 Fire Prevention Code,27-11 — 27-32
Bingo, 9-10 Fireworks display, 27-29
Bowling alleys, 11-8 Garbage and rubbish, 30-1
13 8-25-76
MAMARONECK INDEX
-P- -P-
Hawking and peddling, 34-4 Purpose, 60-2
House trailers, trailer camps and Quality and weights of materials,60-
tourist camps, 37-1 - 37-3, 37-10 51 - 60-59
- 37-12 Refrigerator and special waste lines,
Outdoor advertising signs, 14-97 - 60-157 - 60-165
14-100 Registration and licensing, 60-14 -
Outdoor illumination, 14-140 60-26
Parking lots, 54-5 - 54-8, 54-10 Sewers, cesspools, septic tanks,
Plumbing Code, 60-95 privy vaults, 60-90 - 60-99
Sales in parks, 55-12 Soil, waste and vent piping, 60-100 •
Sewer connections, 64-2, 64-3 - 60-135
Smoke control, 67-11, 67-13 Tests, inspections and certificates,
Streets and sidewalks,73-2,73-8,73- 60-184, 60-185
9 Title, 60-1
See also BUILDING PERMITS; Traps and cleanouts, 60-77 - 60-89
LICENSES and SPECIAL-USE Ventilation of rooms and fixtures,
PERMITS 60-174, 60-175
PERSON defined, 3-8, 6-11, 14-5, 14- Violations, 60-33 - 60-35
96, 17-2, 19-8, 21-1, 25-8, 30-17, 34- Water supply and distribution, 60-
18,37-22,38-2,41-16,46-9,48-1,51- 176 - 60-183
10, 54-1, 55-2, 57-9, 61-2, 69-8, 73- Work applications, 60-28 - 60-32
18, 77-9, 81-22, 81-23, 87-2 See also SEWER CONNECTIONS
PERSON, FIRM OR CORPORA- PLUMBING
TION defined, 67-1 Defined, 60-36
PIERS defined, 14-5 Dances and dance halls, 21-13
PLANNING BOARD PLUMBING INSPECTOR
Defined App. Pt. I, 3 Appointment, 60-27
Zoning, 89-15 Duties, 60-27
See also SUBDIVISION PLATS Plumbing Code, 60-27
PLAT defined, App. Pt. I, 3 Term, 60-27
PLUMBING CODE POLICE ALARM DEVICE defined,
Bonds, 60-21 5-2
Certificate of competency, 60-16 POLICE DEPARTMENT
Certificate of inspection, 60-185 Police escort service, 59-1 - 59-5
Compliance, 60-2 Trespassing, 77-1
Definitions, 60-36 POLICE ESCORT SERVICE
Examining Board of Plumbers, 60-4 Direction and scheduling, 59-2
- 60-13 Escort service available, 59-1
Fees, 60-8, 60-9, 60-16, 60-19, 60-22, Exemption, 59-4
60-31, 60-32 Fee, 59-3, 59-4
General regulations, 60-37 - 60-50 POLICE HEADQUARTERS defined,
House sewers, house drains and 5-2
leader drains, 60-136 - 60-156 POLICE SUPERVISION; dances and
Joints and connections, 60-60 - 60- dance halls, 21-8
76 POWER OF ATTORNEY; Traffic
Licenses, 60-3, 60-14 - 60-26 Violations Bureau, 81- 46
Penalties for offenses, 60-35 POWERS AND DUTIES
Permits, 60-95 Board of Appeals, 89-77B
Plumbing fixtures, 60-166 - 60-173 Board of Architectural Review, 89-
Plumbing Inspector, 60-27 49E
14 8-25-76
MAMARONECK INDEX
—P— —P—
Building Inspector, 14-2 Exclusion of taxicabs, 62-10
Conservation Advisory Commission, Fees, 62-7
16-2 Issuance of consent of town, 62-4
Fire Inspector, 27-2 License, 62-5, 62-7
Plumbing Inspector, 60-27 Penalties for offenses, 62-9
Superintendent of Smoke Public hearing, 62-3
Prevention, 67-5
Traffic Violations Bureau, 81-43
• PRELIMINARY LAYOUT —R—
Defined, App. Pt. I, 3
Subdivision plats, App. Pt. I, 5, 6 RECORDS
PRIVATE GARAGE defined, 14-5 Fire Prevention Code, 27-9
PRIVATE HOMES defined, 21-1 Traffic Violations Bureau, 81-45
PRIVATE LIVERY Zoning, 89-72
Defined, 41-16 REFRIGERATOR AND SPECIAL
Parks, 55-22 WASTE LINES; Plumbing Code,
See also LICENSED OCCUPA- 60-157 — 60-165
TIONS REFRIGERATORS, ABANDONED,
PRIVY VAULTS, see SEWERS, see CONTAINER HAZARDS
CESSPOOLS, SEPTIC TANKS, REGISTRATION
PRIVY VAULTS Bicycles, 8-1 — 8-3, 8-6
PRIZES; bingo, 9-5, 9-6 Plumbing Code, 60-14 — 60-26
PROJECTING SIGN defined, 14-96 REINFORCED CONCRETE defined,
PROPERTY DAMAGE 14-5
Conservation areas, 17-5 REPAIR defined, 14-5
Parks, 55-6 REPORTS
PROPERTY MAINTENANCE Alarm systems, 5-7
Definitions, 61-2 Fire Prevention Code, 27-10
Enforcement, 61-5 Zoning, 89-72
Legislative intent, 61-1 REQUIRED defined, 14-5
Heating of occupied buildings, 61-8 RESIDENCE DISTRICTS
Penalties for offenses, 61-4 Construction requirements, 89-30 —
Potable water, 61-8 89-39
Standards, 61-3 Outdoor advertising signs, 14-102
See also LOT MAINTENANCE Permitted uses, 89-20 — 89-25
PUBLIC BALL defined, 21-1 Zoning,89-20 — 89-25, 89-30 — 89-
PUBLIC DANCE defined, 21-1 39
PUBLIC DANCE HALL RESPONDENT defined, 38-2
Defined, 21-1 RETAINING WALL defined, 14-5
• See also DANCES AND DANCE RIGHT OF ENTRY
HALLS House trailers, trailer camps and
PUBLIC GARAGE defined, 14-5 tourist camps, 37-9
PUBLIC MEETINGS; parks, 55-11 Sewer connections, 64-14
PUBLIC TRANSPORTATION RINGELMANN CHART
Application; data required, 62-2 Defined, 67-1
Bond, 62-5 Smoke control, 67-12
Compliance, 62-6 RIOTS; peace and good order, 57-1
Consent and certificate required, 62- ROOF SIGN defined, 14-96
1 ROOMING HOUSE defined, 89-3
Display of shield, 62-8
15 8-25-76
MAMARONECK INDEX
—R— —S—
RUBBISH, see GARBAGE AND Protection of pipes, 64-8
RUBBISH Right of entry, 64-14
Separate drains, 64-11
—S— Sewer use, 64-12
SAFETY Specifications, 64-9
Building Code, 14-55 Supervision and control, 64-4
Outdoor advertising signs, 14-106 See also PLUMBING CODE
Streets and sidewalks, 73-4, 73-8 SEWERS, CESSPOOLS, SEPTIC
SALARIES AND COMPENSATION TANKS, PRIVY VAULTS;
Board of Ethics, 24-7 Plumbing Code, 60-90 — 60-99
Examining Board of Plumbers,60-6, SHAFT defined, 14-5
60-13 SHIELD
SALE AND USE OF FIREARMS,25- Public transportation, 62-8
9 — 25-12 Taxis, 75-4
SALE OF AMMUNITION, 27-32 SIDEWALK CONSTRUCTION
SALE OF CODE BOOK, 1-8 Consent required, 66-1
SALES, GARAGE, see GARAGE Definitions, 66-2
AND YARD SALES Maintenance and repair, 66-1
SALES LOTS; outdoor illumination, See also STREETS AND SIDE-
14-137 WALKS
SALES PERMITS; parks, 55-12 SIDEWALKS
SANITATION Defined, 30-17, 34-18, 37-22, 41-16,
Dances and dance halls, 21-6 46-9, 51-10, 57-9, 69-8, 73-18, 77-9,
Garbage and rubbish, 30-2 81-22
SCHEDULE OF FARES; taxis, 75-7 Snow and ice removal, 69-1 — 69-8
SCHEDULE OF ZONING REGULA- See also STREETS AND
TIONS, 89-19 SIDEWALKS
SCHOOLS SIGNS
Fire Prevention Code, 27-7, 27-8 Building Code, 14-34C
Traffic regulations, 81-10 Defined, 14-96, 89-3
SELF-CLOSING defined, 14-5 Garage and yard sales, 29-3C
S E M I F I R E P R O O F C 0 N- Nonconforming, 14-108, 89-60
STRUCTION defined, 14-5 Outdoor illumination, 14-138
SEPTIC TANKS, see SEWERS, Traffic regulations,81-5,81-10, 81-15
CESSPOOLS, SEPTIC TANKS, Zoning, 89-60
PRIVY VAULTS See also OUTDOOR ADVER-
SEWER CONNECTIONS TISING SIGNS
Adoption, 64-17 SMALL ARMS AMMUNITION
Bonds, 64-6 Defined, 27-30
Compliance, 64-1 Fire Prevention Code,27-30 — 27-32
Grades and curves, 64-11 Manufacturing, 27-31
Installation, 64-10 Sale of, 27-32
Interpretation, 64-16 SMOKE CONTROL
Licenses, 64-5, 64-6 Annual inspection, 67-7
Notice of construction; approval,64- Appeal jurisdiction, 67-9
13 Applicability, 67-17
Penalties for offenses, 64-15 Combustion equipment regulations,
Permits, 64-2, 64-3 67-6
Precautions with street openings, Definitions, 67-1
64-7
16 8-25-76
MAMARONECK INDEX
—S— —S—
Emission of dense smoke, 67-2, 67-3 House trailers, trailer camps and
Emission of materials, 67-4 tourist camps, 37-15
Fees, 67-13 Vehicles, operation of, 82-4
General title, 67-19 STORY defined, 14-5, 89-3
Hearings, 67-8 STORY, HALF defined, 89-3
Interference, 67-10 STREET defined, 14-5, 30-17, 34-18,
Penalties for offenses, 67-14, 67-16 37-22,41-16,46-9,51-10,57-9, 69-8,
Permits, 67-11, 67-13 73-18, 77-9, 81-22, 89-3
• Ringelmann Chart, 67-12 STREET LINE defined, 89-3
Superintendent of Smoke STREET OPENINGS; sewer con-
Prevention; duties, 67-5 nections, 64-7
SNOW AND ICE REMOVAL STREETS AND SIDEWALKS
Applicability, 69-3 Applicability, 73-13
Definitions, 69-8 Bond or indemnity agreement, 73-3,
General title, 69-5 73-9
Penalties for offenses, 69-2 Building materials, 73-8
Prompt compliance, 69-1 Construction of sidewalks, 73-10
SOIL,WASTE AND VENT PIPING; Definitions, 73-18
Plumbing Code, 60-100 — 60-135 Deposits on streets, 73-7
SPECIAL-USE PERMITS Driving across sidewalks and curbs,
Applications, 89-49 73-9
Board of Architectural Review, 89- General title, 73-15
49 Nonapplicability, 73-11
Conditions and safeguards, 89-51 Penalties for offenses, 73-12
Existing violations, 89-53 Permits, 73-2, 73-8, 73-9
Expiration of, 89-52 Responsibility for utilities, 73-5
General, 89-48 Restoration, 73-6
Required plan, 89-50 Safeguarding obstructions, 73-4, 73-
Zoning, 89-48 — 89-53 8
See also BUILDING PERMITS; Snow and ice removal, 69-1 — 69-8
LICENSES and PERMITS Supervision of work, 73-1
SPECIAL WASTE defined, 60-36 See also SIDEWALK CON-
SPECIFICATIONS defined, App. Pt. STRUCTION
I, 3 STRUCTURE defined, 14-5, 89-3
SPEED LIMITS; vehicle and traffic, STRUCTURES ON STREETS; tres-
81-1 — 81-3 passing, 77-2
SPORTS SUBDIVIDING OF LOTS; zoning,
Conservation areas, 17-9 89-12
Parks, 55-15 SUBDIVISION APPLICATION RE-
SPRINKLERED defined, 14-5 VIEW; flood hazard area, 28-4
STACK defined, 60 36 SUBDIVISION defined, App. Pt. I, 3
STANDARD FIRE TEST defined, 14- SUBDIVISION OF LAND; sub-
5 division plats, App. Pt. I, 8 — 13
STANDING SIGN defined, 14-96 SUBDIVISION PLATS
STATE HIGHWAY defined, 66-2 "As-built" drawing, App. Pt. I, 12
STOP INTERSECTIONS; traffic Authority, App. Pt. I, 1
regulations, 81-6 Bonds, App. Pt. I, 7, 14
STORAGE Building permit requirements, App.
Combustible or flammable Pt. I, 14
materials, 27-33
17 8-25-76
MAMARONECK INDEX
—S— —T—
Certificates of approval, App. Pt. I, Schedule of fares, 75-7
7 Shield or badge, 75-4
Definitions, App. Pt. I, 3 See also TAXICABS
Detailed construction drawings, TERMS OF OFFICE
App. Pt. I, 11 Examining Board of Plumbers, 60-5
Final layouts, App. Pt. I, 7 Plumbing Inspector, 60-27
General notes and regulations, App. TESTS; Plumbing Code, 60-184, 60-
Pt. I, 13 185
General requirements for sub- TIDEWATER AREAS; zoning, 89-16
division of land,App. Pt. I,8 — 13 TOURIST CAMP •
Layout and plat data,App. Pt. I, 10 Defined, 37-22
Policy, App. Pt. I, 2 See also HOUSE TRAILERS,
Preliminary layouts,App. Pt. I, 5, 6 TRAILER CAMPS AND
Procedures for plats,App.Pt. I,4 — TOURIST CAMPS
7 TOWN ATTORNEY defined, 38-2
Street design, App. Pt. I, 9 TOWN defined, 17-2, 24-3, 54-1, 61-2,
SUPERINTENDENT OF SMOKE 66-2, 87-2
PREVENTION TOWN EMPLOYEE
Defined, 67-1 Defined, 24-3
Duties, 67-5 Ethics, Code of, 24-1 — 24-14
SWIMMING POOLS, FAMILY TOWN ENGINEER defined,App. Pt.
Abandonment, 14-134 I, 3
Building Code, 14-129 — 14-135.3 TOWN HIGHWAY defined, 66-2
Building permits, 14-131 — 14-133 TOWN OF MAMARONECK defined,
Conditions for accessory use, 14-130 38-2
Definitions, 14-129 TOWN SUPERINTENDENT defined,
Electrical control, 14-133G 66-2
Fencing, 14-133E TRAFFIC CONTROL SIGNALS, 81-
Inspection, 14-135 8, 81-15
Lighting, 14-133G TRAFFIC REGULATIONS
Penalties for offenses, 14-135.3 Applicability, 81-17
Wading pools, 14-135.1 Authority to establish use of streets,
Water supply, 14-133C 81-4
SWINE; animals, 6-1 Coasting, 81-12
Conservation areas, 17-14
Crosswalks, 81-13
—T— Driveways, 81-13
General title, 81-19
TAXICAB Parades, 81-14
Defined, 41-16 Parks, 55-20
Parks, 55-22 Penalties for offenses, 81-9, 81-16 4111
See also LICENSED OCCUPA- School crossings, 81-10
TIONS and TAXIS Signs, 81-5, 81-10, 81-15
TAXIS Stop intersections, 81-6
Display of number on vehicle, 75-5 Traffic control signals, 81-8, 81-15
Fees for licenses, 75-3 Trucks, 81-11
Licenses, 75-1 — 75-3 Vehicle and traffic, 81-4 — 81-22
Penalties for offenses, 75-8 Yield intersections, 81-7
Refusal to transport passengers, 75- TRAFFIC VIOLATIONS BUREAU
6 Establishment authorized. 81-42
18 8-25-76
MAMARONECK INDEX
—T— —V—
Fines designated by Court, 81-44 VEHICLE AND TRAFFIC
Functions of Bureau, 81-43 Parking meters, 81-23 — 81-41
Power of attorney, 81-46 Speed limits, 81-1 — 81-3
Record of violations and fines, 81-45 Traffic regulations, 81-4 — 81-22
Vehicle and traffic, 81-42 — 81-46 Traffic Violations Bureau, 81-42 —
TRAILER CAMP 81-46
Defined, 37-22 VEHICLE defined, 30-17,34-18,37-22,
See also HOUSE TRAILERS, 41-16,46-9,51-10,57-9, 69-8, 73-18,
• TRAILER CAMPS AND TOUR-
IST CAMPS 77-9, 81-22, 81-23
VEHICLES, OPERATION OF
TRAP defined, 60-36 Conflict with state law, 82-7
TRAPS AND CLEANOUTS; Plumb- Definitions, 82-1
ing Code, 60-77 — 60-89 Fine and storage fee, 82-4
TRAP SEAL defined, 60-36 Impoundment, 82-3, 82-4
TRESPASSING Operation of certain vehicles
Applicability, 77-4 restricted, 82-2
Authority to enter required, 77-2 Parental responsibility, 82-6
Definitions, 77-9 Penalties for offenses, 82-6
General title, 77-6 Violations; impoundment, 82-3
Interference with Police or Fire VENEERED WALL defined, 14-5
Department, 77-1 VENTILATION
Penalies for offenses, 77-3 Building Code, 14-20 — 14-22
Structures on streets, 77-2 Plumbing Code, 60-174, 60-175
TRUCKS; traffic regulations, 81-11 VENT PIPE
Defined, 60-36
See also SOIL, WASTE AND
—U— VENT PIPING
VIOLATIONS AND PENALTIES,
UNAUTHORIZED INTRUSION de- see PENALTIES FOR OF-
fined, 5-2 FENSES
UNSAFE AND UNLAWFUL
SIGNS; outdoor advertising signs,
14-101 —W—
UNSAFE BUILDINGS AND
STRUCTURES; Building Code, WADING POOL
14-109 — 14-121 Defined, 14-129
USABLE OPEN SPACE defined,89-3 Swimming pools, family, 14-135.1
USAGE defined, 54-1 WASTE PIPE defined, 60-36
USE defined, 89-3 WATER
USE, ACCESSORY defined, 89-3 Defined, 87-2
UTILITIES; streets and sidewalks, Deposits, 84-1, 84-2
73-5 Handling of deposits as trust fund,
84-2
Penalties for offenses, 84-3
—V— Shutoff regulations, 84-1
Turn on, 84-4
VALUE defined, 14-5 WATER CLOSETS; Building Code,
VEGETATION WASTES; garbage 14-88
and rubbish, 30-10
19 8-25-76
MAMARONECK INDEX
—W— —Z—
WATER CONTROL Building permits, 89-73, 89-75
Definitions, 87-2 Business and industrial districts:
Enforcement, 87-6 construction requirements, 89-40
Intent, 87-1 — 89-42
Penalties for offenses, 87-7 Business and industrial districts:
Restrictions during emergency,87-4, permitted uses, 89-26 — 89-29
87-5 Certificate of occupancy, 89-74
Scope of application, 87-3 Conformity required, 89-9
Supersessions, 87-9 Definitions, 89-3 •
WATER DISTRIBUTION PIPES de- District boundaries, 89-6
fined, 60-36 Districts established, 89-4
WATER SERVICE PIPE defined, 60- Divided properties, 89-7
36 Dwellings in house trailers and
WATER SUPPLY accessory buildings, 89-47
Building Code, 14-87 Height exceptions, 89-45
Plumbing Code, 60-176 — 60-183 Irregularly shaped lots, 89-13
Property maintenance, 61-8 Lot requirements, 89-10
Swimming pools, family, 14-133C Lot subdividing, 89-12
WILDLIFE Minimum house size, 89-46
Conservation areas, 17-6 Nonconforming signs, 89-60
Parks, 55-16 Nonconforming uses, 89-54 — 89-62
WORK APPLICATIONS; Plumbing Off-street parking,loading and vehi-
Code, 60-28 — 60-32 cular access, 89-63 — 89-70
Penalties for offenses, 89-76
Planning Board authority, 89-15
—Y— Purpose, 89-1
Records and reports, 89-72
YARD defined, 14-5, 89-3 Regulations Schedule, 89-19
YARD, FRONT defined, 89-3 Regulations, general, 89-8 — 89-19
YARD, REAR defined, 89-3 Required street frontage, 89-14
YARD SALES, see GARAGE AND Residence districts: construction
YARD SALES requirements, 89-30 — 89-39
YARDS, SETBACKS AND Residence districts: permitted uses,
COURTS; zoning, 89-44 89-20 — 89-25
YARD, SIDE defined, 89-3 Short title, 89-83
YIELD INTERSECTIONS; traffic Special use permits, 89-48 — 89-53
regulations, 81-7 Supplementary regulations,89-43 —
89-47
Tidewater areas, 89-16
—Z— Usable open space, 89-17
Word usage, 89-2
ZONING Yards and open spaces, 89-11
Accessory uses, 89-18 Yards, setbacks and courts, 89-44
Administration and enforcement,89- Zoning Map, 89-5
71 — 89-79 Zoning modifications, 89-15
Amendments, 89-80, 89-81 ZONING BOARD OF APPEALS, see
Application, 89-8 BOARD OF APPEALS
Board of Appeals, 89-77 — 89-79 ZONING MAP
Board of Architectural Review, 89- Defined, App. Pt. I, 3
49E Zoning, 89-5
20 8-25-76