[ADDRESSES]
Chapter _____
§ 1 - Intent
§ 2 - Definitions
§ 3 - Requirements
§ 4 - Penalties for Offenses
[History: Enacted by theVillage of New Berlin as Local Law No. 1 of the year 1997. ]
Sec. 1 - Intent
The Board of Trustees of the Village of New Berlin, in support of the Village Fire Department Emergency Medical Services, local police and County Sheriff Department, and other emergency response personnel, adopts this local law to aid and assist these emergency response organizations and personnel in preserving and protecting the peace in the Village and in saving and protecting lives and property within the Village. This local law is adopted in recognition of the fact that oftentimes, time is of the essence when the aforesaid organizations are responding to an emergency.
Sec. 2 - Definitions.
As used in this local law, the following terms shall have the meanings indicated:
1. “Owner” shall include one or more persons, natural persons, corporations, partnerships, associations, joint-stock companies, societies, Limited Liability Partnerships, Limited Liability Corporations and any other entity of any kind which is capable of being sued.
2. “Building” shall meansingle and multi-family residences and mobile homes, places of business, places of worship, storage facilities, meeting halls, and any and all other structures or facilities whether or not such structure or facility is currently in use, vacant or abandoned.
Sec. 3 - Requirements.
All buildings within the village that have been assigned a specific street address by or on behalf of the village or which are identified by a specific street address suitable for postage or parcel delivery shall have the number of that address displayed in such a manner that it is easily visible and identifiable from the street. It shall be the obligation of all owners of buildings within the village to display the appropriate numbers upon the buildings which they own, according to the terms of this local law.
A. Such display shall be facing the street which corresponds to the address and shall be on or near the front door of said building, if the building has a front door facing the appropriate street.
B. Such display shall be of Arabic (numerical-style) characters of a minimum height of three (3) inches and of contrasting color to its background.
Sec. 4 - Penalties for Offenses.
Any person committing an offense against any provision of this chapter shall upon conviction, be guilty of a violation pursuant to the Penal law of the State of New York, punishable by a fine not to exceed two hundred and fifty dollars ($250.00) or by imprisonment for a term not to exceed fifteen (15) days or both, provided, however that the Village, upon first receiving notice of a violation, will serve written notice of the violation, upon the owner of the building, at the last known address of the owner. If the violation is corrected within thirty (30) days from the date of this written notice, said owner shall not be subject to any fine or imprisonment.
The continuation of an offense against the provisions of this chapter shall constitute, for each day that the violation continues, a separate and distinct offense hereunder, punishable by a maximum fine of two dollars per day ($2.00) that the violation continues. If the violation is not remedied within thirty (30) days from the date of the original warning letter, this two dollar per day fine shall be assessed in addition to the original penalties assessed and shall be assessed retroactive to the date of the original warning letter.
ANIMALS
Chapter 28
§ 28-1.Prohibited acts.
§ 28-2.Complaints.
§ 28-3.Owner to provide proof of animal's presence.
§ 28-4.Owner to pay cost of care and feeding by village.
§ 28-5.Penalties for offenses.
[HISTORY: Adopted by the Board of Trustees of the Village of New Berlin 2-28-77 as L.L. No. ~-1977. Amendments noted where applicable.]
§ 28-1.Prohibited acts.
A. It shall be unlawful for any person to allow any domesticated or tamed animal, e.g., dogs, cats, cows, horses or any "tamed" wild animal, in any place in the village except on the property of the owner, harborer or on the premises of another person with consent of such person, unless the animal is restricted by a leash or lead rope not longer than four (4) feet or is under the direct control of a person competent and able to manage and control such animal.
B. It shall be unlawful for any person to keep or maintain within the village any animal which continually barks, howls or otherwise causes disturbances to the public peace and quiet or which is permitted to destroy or "litter" the property of others or to cause material damage thereto.
C. Any animal which is observed running at large in violation of this chapter may be seized either by the Warden, appointed by the Village Board, or by any peace officer and may be restrained. Every effort will be made to find the animal's owner, who shall have the right to redeem the animal upon payment of the required fee. In the absence of any redemption of the animal seized under the provisions of this chapter, such animal may be disposed of after four (4) days. Any animal whose owner cannot be found due chiefly to the fact that there is no identification on the animal will be disposed of after three (3) days. Such seizure and disposal shall be governed by the provisions of the Agriculture and Markets Law of the State of New York.
§ 28-2.Complaints
All complaints regarding animals must be made in writing, with a description of the animal and the owner's name, if known, and signed by the complainant. Every effort must be made to identify the owner of the animal.
§ 28-3.Owner to provide proof of animal’s presence..
The Warden or peace officer may request the owner of an animal to produce such animal at any time and, if unable, it will be assumed the animal is running at large, and the owner shall be fined accordingly.
§ 28-4.Owner to pay cost of care and feedingby village.
For any animal that has been taken into custody by the Warden or peace officer that must be fed and housed, the owner will be charged the prevailing rate, per day, for the keeping of such animal.
§ 28-5. Penalties for offenses.
Any violation of any provisions of this chapter shall be punishable by a fine not to exceed ~ for each such violation.
AUCTIONS
Chapter 30
§ 30-1.Permit required.
§ 30-2.Definitions.
§ 30-3.Regulations.
§ 30-4.Permit: application, issuance and fee.
§ 30-5.Penalties for offenses.
[HISTORY: Adopted by the Board of Trustees of the Village of New Berlin 2-28-77 as L.L. No.21-1977. Amendments noted where applicable.]
GENERAL REFERENCES Garage and lawn sale's - See Ch. 68, Art. I.
§ 30-1. Permit required.
It shall be unlawful for any person or persons to conduct an auction within the corporate limits of the Village of New Berlin without first obtaining a permit and complying with the regulations as set forth in § 30-3 of this chapter.
§ 30-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
AUCTION - Includes any public sale of land or goods at public outcry to the highest bidder.
GOODS - Includes, but is not limited to, any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
§ 30-3. Regulations.
Auctions in the Village of New Berlin shall be regulated in the following manner:
A.Hours. Any auction in the Village of New Berlin shall not commence before 10:00 a.m. and must terminate by sundown.
B.Merchandise. Auctions shall offer only used, unwanted items of personal property owned by the resident of the property where the auction is held. No new merchandise shall be offered for sale, nor may new merchandise from other sources be brought in and offered for sale.
C.Signs. No signs shall be placed on the public right-of-way. No lighted sign shall be used. The signs shall be displayed only during the auction and shall be promptly removed after the auction.
§ 30-4. Permit: application, issuance and fee.
A.It shall be unlawful for any person or persons to conduct an auction on his or her property without first having received a permit.
B.Upon application, either in person or by mail or telephone, at least seventy-two (72) hours prior to the commencement of the auction, the Village Clerk is authorized to issue such a permit.
C.The permit shall set forth the name, address and date of the auction.
D.There shall be a fee of fifteen dollars ($15.) for said permit.
§ 30-5. Penalties for offenses.
Whoever shall violate or fail to comply with any of the provisions of this chapter shall be fined not more than fifty dollars ($50.), and each day that the violation continues shall constitute a separate offense.
CHAPTER 31
BINGO
BINGO
Chapter 31
§ 31.1 - Purpose
§ 31.2 - Definitions
§ 31.3 - Authorization
§ 31.4 - Application for license
§ 31.5 - General restrictions
§ 31.6 - Issuance and duration of license
§ 31.7 - Hearing; amendment of license
§ 31.8 - Form of license
§ 31.9 - Control and supervision
§ 31.10 - Sunday games prohibited
§ 31.11 - Participation by minors
§ 31.12 - Prohibition
§ 31.13 - Persons operating and conducting games; equipment; expenses; compensation
§ 31.14 -Charge for admission and participation; amount of prizes; award of prizes
§ 31.15- Advertising games
§ 31.16 - Statement of receipts, expenses, etc.
§ 31.17 - Examination of books and records; examination of managers; etc.; disclosure of information
§ 31.18 - Appeals to Control Commission
§ 31.19 - Immunity from prosecution; exemption
§ 31.20- Offenses; forfeiture of license; ineligibility to apply for license
§ 31.21 - Amendment and repeal
§ 31.22 - Severability
§ 31.23 - Effective Date
History: Enacted as by the Village of New Berlin as Local Law No. 1 of 1978
Section 31.1 - Purpose
The purpose of this Chapter is to authorize the conduct of bingo in the Village of New Berlin pursuant to the provisions of Article One, Section Nine of the Constitution of the State of New York and Article Fourteen-H of the General Municipal Law of the State of New York.
Section 31.2 - Definitions
As used in this Chapter, unless the context requires otherwise, the following terms shall have the following meanings:
1."Control commission: shall mean the state lottery control commission.
2.'Bingo" or "game" shall mean and include a specific game of chance, commonly known as bingo or lotto in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random.
3."Authorized organization" shall mean and include only bona fide religious, charitable or non-profit organizations of veterans, volunteer firemen and similar non-profit organizations.
4."License" shall mean a license issued pursuant to the provisions of this Chapter.
Section 31.3 - Authorization
It shall be lawful for any organization, upon obtaining a license therefor as hereinafter provided, to conduct the game of bingo within the territorial limits of the village of New Berlin, New York, subject to the provisions of this Chapter, the provisions of Article Fourteen-H of the General Municipal Law and the provisions of the State Lottery Control Law.
Section 31.4 - Application for license
A.Each applicant shall file with the Village Clerk of the Village of New Berlin a written application in the form prescribed in the rules and regulations of the Control Commission duly executed and verified.
B. In each application there shall be designated an active member or members of the applicant organization under whom the game or games of chance described in the application are to be held, operated and conducted, and there shall be appended to the application a statement executed and verified by the applicant and by themember or members sodesignatedthat he, she or they will be responsible for the holding, operation and conduct of such games of chance in accordance with the terms of the license and the provisions of this law, article fourteen-G of the General Municipal Law of the state of New York, and the rules and regulations of the control commission, if such license is granted.
C.In the event that any premises upon which any such game of chance is to be held, operated or conducted, or which is to be used for any other purpose in connection with the holding, operation or conduct thereof, is to be leased or rented from any person, persons or corporations the application shall be accompanied by a written statement signed and verified under oath by such person or persons or on behalf of such corporation, stating his or its address, the amount of rent to be paid for such premises and stating that such lessor, lessors or if a corporation all of its officers and each of its stockholders who hold more than ten percent or more of its stock issued and outstanding, are of good moral character and have not been convicted of a crime.
Section 31.5 - General restrictions
Any game or games licensed hereunder shall be subjected to the following additional amended and renumbered restrictions concerning the conduct of the game of bingo by an authorized organization in said Village of New Berlin, New York, as required by section four hundred seventy-nine of the General Municipal Law of the state of New York, as amended by chapter four hundred thirty-eight of the laws of nineteen hundred sixty-two:
1.No person, firm, association, corporation or organization other than a licensee under the provisions of article fourteen-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 indirect.
2.No bingo games 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.
3.No authorized organization licensed under the provisions of article fourteen-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.
4.The entire net proceeds of any game of bingo and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
5. No prize shall exceed the sum or value of two hundred fifty dollars in any single game of bingo.
6. No series of prizes on any one bingo occasion shall aggregate more than one thousand dollars.
7. No person except a bona fide member of any such organization shall participate in the management or operation of such game.
8. No person shall receive any remuneration for participating in the management or operation o any game of bingo.
9. The unauthorized conduct of a bingo game and any willful violation of any provision of this Chapter shall constitute and be punishable as a misdemeanor.
Section 31.6 - Issuance and duration of license
A.The Village Clerk of the Village of New Berlin, New York, shall cause to be investigated the qualifications of each applicant and the merits of each application with due expedition after the filing of the application. The Village Clerk shall determine, among other things, the due qualifications of theapplicant to be licensed, the relationship of the members under whom such games are to be conducted with the applicant, whether such persons are of good moral character or have been convicted of a crime, whether the conduct of such games will comply with all the provisions of law and rules and regulations applicable thereto, whether the proceeds thereof, will be disposed of as provided by article fourteen-H of the General Municipal Law, whether a commission, salary, compensation, reward or recompense of any nature will be paid to any person conducting or assisting in conducting such games of chance, whether a prize will be offered or given in excess of the sum or value of two hundred fifty dollars in any single game or an aggregate of all prizes given in a series of games on a given occasion will exceed the sum or value of one thousand dollars, and such other questions or inquiries as the Common Council may direct.
1.If the Village Clerk shall determine that the requisite conditions have been met by the applicant, he shall issue a license to the applicant for the holding, operation and conduct of the specific kinds of games of chance applied for upon payment of a license fee of $12.50 for each occasion upon which any games of chance are to be conducted under such license, which fees are to be paid to the Village Clerk of the Village of New Berlin, New York. In the event that an occasion for which a license is obtained is not utilized by the licensee, there shall be no refund of any license fee.
2.On or before the thirtieth day of each month the Village Clerk of theVillage of New Berlin shall transmit to the State Comptroller a sum equal to fifty per cent of all license fees collected by the Village of New Berlin.
3. No license shall be issued under this chapter which shall be effective for a period of more than one year.
Section 31.7 - Hearing; amendment of license
A.No application for a license hereunder shall be denied by the Village Clerk until after a hearing, held on due notice to the applicant, at which the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
B.Any license issued under this Chapter may be amended upon application to the Village Clerk, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license, and upon the payment of such additional license fee, if any, as would have been payable if it had been so included.