2023 New York Laws › TWN - Town › Article 9 - Ordinances and Licenses › 130 - Town Ordinances.

§  130.  Town  ordinances.  The  town board after a public hearing may
enact,  amend  and  repeal  ordinances,  rules   and   regulations   not
inconsistent  with  law,  for the following purposes in addition to such
other purposes as may be contemplated by the provisions of this  chapter
or other laws. In order to accomplish the regulation and control of such
purposes,  the  town  board  may  include in any such ordinance, rule or
regulation provision for the issuance and  revocation  of  a  permit  or
permits,  for  the  appointment  of  any  town  officers or employees to
enforce  such  ordinance,  rule  or  regulation  and/or  the  terms  and
conditions  of  any  permit issued thereunder, and for the collection of
any reasonable uniform fee in connection therewith. The town clerk shall
give notice of such hearing by the publication of a notice in  at  least
one  newspaper circulating in the town, specifying the time when and the
place where such hearing will be held, and in general  terms  describing
the proposed ordinance. Such notice shall be published once at least ten
days prior to the day specified for such hearing.
Whenever  the  constitutionality  of any local law, ordinance, rule or
regulation of a town is brought into issue upon a trial  or  hearing  of
any  civil  cause  of action or proceeding in any court, and the town is
not a party to such action or proceeding, notice shall  be  served  upon
the  town  in  accordance  with section one thousand twelve of the civil
practice law and rules.
1. Building code. Regulating the manner of  construction,  alteration,
removal  and  inspection of buildings and structures of every nature and
description erected or proposed to be erected  in  said  town,  and  the
materials  to  be  used  therefor, and in the case of buildings used for
public assemblage requiring such  stairways,  doors,  halls,  exits  and
other  facilities  as  may  be  necessary  for  the safety, security and
comfort of persons using the same,  and  prohibiting  any  construction,
alteration, or removal which does not comply with such regulations. Such
regulations shall be known as the building code of the town.
2.  Plumbing  code. Regulating the manner of construction, alteration,
removal and inspection of all plumbing and drainage systems in  existing
or  proposed  buildings  and  structures  and  the  materials to be used
therefor, and the location of cess-pools and sewer systems,  the  manner
of construction and the materials to be used therefor, and the manner in
which  connections  shall  be  made  with  main sewers, drains and water
mains, and the materials  to  be  used  therefor,  and  prohibiting  any
construction, alteration or removal or the use of any materials which do
not  comply  with  such regulations. The town board may either adopt the
standard plumbing code recommended by the state department of health  or
may  formulate  other  rules  and regulations relating to plumbing. Such
regulations shall be known as the plumbing code of the town.
3. Electrical code. Regulating the manner of construction, alteration,
removal and inspection of all electrical work in  existing  or  proposed
buildings  and  structures  and  the  materials to be used therefor, and
prohibiting any construction, alteration or removal or the  use  of  any
materials  which  do  not comply with such regulations. Such regulations
shall be known as the electrical code of the town.
3-a. Housing  code.  Regulating  and  establishing  minimum  standards
governing  the  condition,  occupancy,  and  maintenance  of  dwellings,
dwelling units, rooming houses, rooming units and premises; establishing
minimum standards governing utilities, facilities,  and  other  physical
components  and  conditions essential to make dwellings, dwelling units,
rooming houses, rooming units, and premises safe, sanitary and  fit  for
human  habitation; fixing certain responsibilities and duties of owners,
operators, agents, and  occupants  of  dwellings,  and  dwelling  units,
rooming   houses,   and  rooming  units;  authorizing  and  establishing

procedures for the inspection  of  dwellings,  dwelling  units,  rooming
houses,  and  rooming  units, and the condemnation and vacation of those
dwellings, dwelling units, rooming houses, and rooming units  unfit  for
human habitation. The provisions of this subdivision shall apply only to
one  and  two  family  dwellings, provided, however, that nothing herein
contained shall be construed to affect the power of a town to  enact  or
adopt  local  laws,  ordinances or regulations, with respect to multiple
dwellings,  pursuant  to  the  provisions  of  section   three   hundred
twenty-nine of the multiple residence law.
4.  Sidewalks.  Regulating  the manner of construction, reconstruction
and repair of sidewalks, the materials to be used, the  grades  and  the
widths  thereof  and  prohibiting  any  construction,  reconstruction or
repair which does not comply with such regulations; requiring the  owner
and  occupant  of  premises  abutting on any street where a sidewalk has
been laid, to keep the sidewalk in front  of  such  premises,  free  and
clear  from  snow,  ice,  dirt  and  other obstructions and upon default
thereof provide for the removal thereof at the expense of the owners  of
such premises and that such charge shall become a lien upon the premises
benefited thereby, until paid.
5.  Fire  prevention. Regulating the erection of buildings where extra
hazardous business is to be carried on  and  the  carrying  on  of  such
business:  Regulating  the attendance in public buildings and the use of
aisles as standing room for spectators and the erection of fire  escapes
on  all  public  buildings:  Regulating  the construction and use of all
heating systems and devices employing heat or fire or  conducting  smoke
for  any  purpose: Establishing fire limits and prohibiting the erection
of frame buildings or structures therein: Preventing  and  extinguishing
fires  and regulating conduct thereat: Regulating the use, sale, storage
and transportation of fire arms, fire works, explosives and inflammables
or prohibiting the use, sale, storage and transportation of any of them:
Requiring the deposit of ashes and waste in safe receptacles and places:
Prohibiting bonfires in the streets and public places and regulating the
manner in which they may be permitted in  other  places:  Requiring  the
cutting,  trimming and removal of brush, grass and weeds and the removal
of  rubbish  and  the  elimination  of  fire  hazards:  Protecting   and
preserving the property and apparatus of any fire company or department:
Regulating  the  parking  of  automobiles  or  other  conveyances in the
locality of fire houses  and  hydrants:  Providing  for  punishment  for
insubordination  or disorderly conduct at fires or the wilful neglect or
refusal to obey or the attempt to prevent or obstruct the lawful  orders
of  a  person  in  charge of the operations of a fire department or fire
company: Preventing damage by fire and protecting  property  exposed  to
destruction  by  fire: Providing for the voluntary destruction either in
part or in whole of buildings and property to arrest fire or  extinguish
the  same,  and  for  all  other  things  necessary  or  helpful for the
prevention of fire or the  extinguishing  thereof  and  for  such  other
further  purposes  as  shall  tend  to provide for the general safety of
persons and property within the town.
6. Public dump and dumping ground. Prohibiting and/or  regulating  the
use of any lands within the town as a dump or dumping ground.
7.  Use  of  streets,  highways,  sidewalks  and  public  places.  (a)
Regulating the use of streets, highways, sidewalks and public places  by
pedestrians,  animals,  motor  and  other  vehicles, including local and
interurban street cars; restricting parking  of  all  vehicles  therein;
regulating   parades  and  public  assemblages  therein;  regulating  or
prohibiting coasting therein;  and,  subject  to  the  approval  of  the
department of transportation, requiring railroad companies to employ and
maintain  competent  flagmen  and  erect  gates at any street or highway

crossing; prohibiting the deposit of any dirt, filth, waste  or  rubbish
in  any  street, highway, sidewalk, that part of any waterway within its
jurisdiction or public place or incumbering thereof by any  encroachment
of buildings, structures, excavation or otherwise; regulating the manner
in  which  excavation  may  be  made  in or under the streets, highways,
sidewalks or  public  places  and  requiring  an  indemnity  bond  as  a
condition  precedent  thereto  or  the  town  board  may  require as the
condition precedent thereto, the deposit in cash of such  an  amount  as
the  board  may determine necessary to cover the probable expense to the
town of the replacement by the town of the street, highway, sidewalk  or
public  place,  and the unexpended balance, if any, shall be refunded to
the depositor; providing for the removal  of  snow  and  ice  therefrom;
prohibiting  the  use  by  owners  and occupants of property abutting on
public streets or grounds of barbed wire or  similar  fences  along  the
boundaries of such street or grounds.
(b)  If the front or other exterior wall of any building erected on or
before the first day of January, nineteen hundred  forty,  in  any  town
encroaches  not  more  than  six  inches  upon any street or highway, no
action or proceeding to  compel  the  removal  of  such  wall  shall  be
instituted or maintained by or on behalf of the town, or by or on behalf
of  any  person  claiming  an easement in or title to the portion of the
street or highway on which such wall encroaches, unless such  action  or
proceeding be commenced within the period of one year from the time this
act takes effect, and unless within such period a notice of the pendency
of  such  action  or  proceeding,  describing the property on which said
building stands and indexed against the owner thereof, be filed  in  the
office of the clerk of the county in which the property lies.
(c)  If the front or other exterior wall of any building erected after
the first day of January, nineteen hundred forty, in any town encroaches
not more than six inches upon  any  street  or  highway,  no  action  or
proceeding  to  compel  the  removal of such wall shall be instituted or
maintained by or on behalf of the town, or by or on behalf of any person
claiming an easement in or title to the portion of the street or highway
on which such wall encroaches,  unless  such  action  or  proceeding  be
commenced  within the period of one year from the time of the serving of
a notice as hereinafter provided, and unless within such period a notice
of the pendency of such action or proceeding, describing the property on
which said building stands and indexed against  the  owner  thereof,  be
filed  in  the  office  of the clerk of the county in which the property
lies. Any person having any interest  in  the  property  on  which  such
building stands may serve a notice on the town clerk, town supervisor or
on  such  town  officer  as the town board shall authorize and direct to
defend or appear in any action or legal proceeding against said town, of
the town in which said property lies, setting forth a brief  description
of  the  property,  his  interest  therein,  and  the  existence  of  an
encroachment on the street or highway. Such notice, together with  proof
or  admission  of  service  thereof, shall be filed in the office of the
clerk of the county in which such property lies. The clerk  shall  index
and  record  such  notice  as  if it were a notice of the pendency of an
action and shall collect the usual fees for  recording  and  indexing  a
notice of the pendency of an action.
(d)  If no action be brought within the period hereby limited therefor
the owners and encumbrancers of such property shall be deemed to have an
easement for the maintenance of the encroaching wall so long as the said
wall shall stand, and no longer.
(e) If the front or other exterior wall of any building erected on  or
before the first day of January, nineteen hundred sixty-five in any town
encroaches  not  more  than  six  inches  upon  any  town street or town

highway, the local legislative  body  of  any  town  may  authorize  the
maintenance  of such encroachment by ordinance during the period of time
the encroaching wall is  in  existence;  provided,  however,  that  such
authorization shall not confer any right or claim to be asserted against
such town or the state.
(f)  The  owner of real property upon which the front or exterior wall
of any building thereon encroaches upon any town street or highway,  may
submit  a  request,  in  writing,  to  the  town  board of such town for
authorization to maintain such front or exterior wall  during  the  time
such wall is in existence.
(g)  Upon  presentation of such request, notice thereof shall be given
to the town highway superintendent, who  shall  recommend  to  the  town
board  the  proposed  action  on such request. Within thirty days of the
presentation of such request, the town  board  shall  determine  if  the
granting  of  such  request shall adversely impact upon the users of the
town street or highway. In the event a determination is made  that  such
encroachment  does  adversely  impact upon the use of the town street or
highway, such request shall  be  denied.  In  the  event  a  preliminary
determination  is made that such encroachment may have no adverse impact
upon the use of the town street or highway, the town board shall  within
thirty  days  after  the  issuance  of  such preliminary finding, hold a
public  hearing  upon  such  request,  which  public  hearing  shall  be
conducted  upon not less than ten days notice to the public. In addition
to such public notice, the owners of property, as  determined  from  the
last completed assessment roll, within five hundred feet of the property
as  measured  from the intersections of the property lines with the town
street or highway shall be given notice by certified mail of such public
hearing.
(h) If, upon the completion of the  public  hearing,  the  town  board
determines that such front or exterior wall does not interfere or impede
the  right  of  the  public to use such town street or highway, the town
board may grant to the owner of such property a license to  continue  to
maintain  such  front or exterior wall during the period such wall is in
existence; provided however, such  town  shall  have  the  authority  to
revoke  such  license at any time in the event the town board determines
that such town street or highway will be improved and  as  a  result  of
such  improvement the front or exterior wall will then impede, interfere
with or obstruct traffic or the use  of  the  town  street  or  highway;
provided,  further,  that  such  license  shall not confirm any right or
claim against such town. In such event the owner of the  property  shall
be  given  notice  of the proposed action and shall, within the time set
forth in the notice, remove such front or exterior wall  from  the  town
street or highway.
(i)  Upon  the  abandonment  of  the  building  or  in  the event such
building, because of a lack of care enters a  state  of  disrepair,  the
owner  thereof shall remove such front or exterior wall upon notice from
the town board.
(j) The authority granted to a town pursuant to paragraphs  (f),  (g),
(h)  and  (i)  of this subdivision may, by local law, be assigned to any
department or agency of the town.
7-a. Location and construction of driveways. Regulating  the  location
and  manner  in which driveway entrances and exits may be constructed by
owners and occupants of property abutting on  town  highways;  provided,
however,  that  such  regulations  shall  not  deny access from abutting
property upon town highways, when such abutting property is a legal  lot
in accordance with existing statutes and ordinances.
8. Smoke, gases and wastes. Regulating and prohibiting the unnecessary
emission  of  smoke,  noxious  gases,  deposits, dusts, trade wastes and

other pollutions from buildings, engines, locomotives and other sources,
and regulating, restricting  and  prohibiting  the  unnecessary  use  of
bituminous  coal  within  the town or any portion thereof, when such use
would affect the public health.
9.   Animals.   Regulating  the  keeping  of  calves;  regulating  and
prohibiting the keeping of swine and mink, restraining  the  running  at
large of horses, cattle, sheep, unmuzzled dogs, whether licensed or not,
fowls  and  other animals and authorizing the impounding and sale of the
same for the costs of keeping, proceedings and penalty, or  the  killing
of unmuzzled dogs.
10.  Malicious  mischief. Punishing the wilful and malicious breaking,
marring, injuring, removing or defacing of any  building  or  structure,
fence,  awning, sign board, tree, crop, shrubbery or other property; the
tearing down of notices lawfully posted; the removal  or  alteration  or
any unlawful interference with stakes set out by engineers, surveyors or
otherwise to indicate boundaries or other lines.
11. Peace, good order and safety. Preserving the public peace and good
order;  preventing  and  suppressing  vice,  immorality,  disorderly and
gambling  houses  and  houses  of   ill-fame,   riots   and   tumultuous
assemblages,  unnecessary  crowds  upon  the  streets, or in doorways or
stairways adjacent thereto, or loitering about such  places,  preventing
unreasonably loud or disturbing noises, determined by the board to be of
a  character,  intensity  or duration as to be detrimental to the peace,
welfare or good order of the  people,  and  preventing  all  disorderly,
noisy,  riotous  or  tumultuous  conduct within the town, disturbing the
peace and quiet of the town or any meeting or assembly  therein;  except
when  prohibited  by reason of the laws of the United States, regulating
the use of beaches in or adjacent to the town  and  regulating  swimming
and  bathing  in  open  water exposed to the public including the use of
underwater diving devices for swimming and fishing, within  or  bounding
the  town or such beaches to a distance of fifteen hundred feet from the
shore and requiring the owners or operators of any bathing beaches, bath
houses or other places charging a fee to the public for the use  of  any
such  facilities  to  provide  adequate safeguards for the protection of
persons  bathing  in  waters  adjacent  to  such  premises;  prohibiting
profane,  vulgar  or obscene language or conduct in any street or public
place in the town.
12. Amusements. Regulating public dance halls  and  all  places  where
dancing is permitted; specifying the hours during which such dancing may
continue, the supervision thereof, the minimum age of persons allowed to
attend,   and  all  other  matters  relating  to  the  conduct  thereof;
regulating the conduct of circuses, theatres, pool and billiard parlors,
bowling alleys, athletic contests or exhibitions, and all similar places
of amusement for money or hire.
13. Beverages and eating places.  Regulating  all  places  selling  or
offering for sale at retail for consumption on the premises any beverage
or  food  stuff;  providing  for  sanitation  and  cleanliness  and  the
inspection thereof and defining the opening and closing  hours  and  all
other matters related thereto.
14.  Slaughtering houses and rendering works. Regulating the location,
operation, cleaning and removal of slaughter houses, fat, offal or other
rendering or reduction  works  or  establishments  and  unwholesome  and
noisome buildings or places.
15.  Promotion of public welfare. Promoting the health, safety, morals
or general welfare  of  the  community,  including  the  protection  and
preservation  of the property of the town and of its inhabitants, and of
peace and good order, the benefit of trade and all other matter  related

thereto,  insofar  as  the  same shall not be inconsistent with existing
law.
15-a.  Excavated  lands. Any town may adopt an ordinance giving to the
appropriate officials of such town,  upon  the  direction  of  the  town
board,  the  right and power to fill in excavated lands and property if,
after a hearing, the existence of such lands and property are deemed  by
the  town  board  to  constitute a hazard to public safety and if, after
giving thirty days' notice by certified mail addressed to the  owner  of
record  of  such  lands  and  property  at the address shown on the last
preceding assessment roll, such excavated lands  and  property  are  not
filled  in  by or on behalf of such owner. Where the excavated lands are
filled in by the town, the cost thereof shall be assessed  against  such
lands  and  property  by  such town officer as may be designated by such
ordinance. The town officer so designated shall serve personally  or  by
certified  mail  upon  the  owner of such property at the same address a
written notice, stating that at a time and place specified  therein,  he
will assess such cost against such property. Such notice shall be served
at  least eight days previous to the time specified therein. If directed
against a corporation, it may be served  upon  the  corporation  at  its
principal  place  of  business,  place  of business upon an agent of the
corporation within the town, or upon  the  secretary  of  state.  Notice
served  upon the secretary of state shall be served at least twelve days
previous to the time  specified  therein.  At  the  time  and  place  so
specified,  he  shall  hear  the parties interested, and shall thereupon
complete the assessment, stating therein, the name of each owner and the
amount so assessed, and shall return such assessment to the  town  clerk
who  shall  present  the  same  to the town board. Such town board shall
certify such assessment to the board of supervisors who shall cause  the
amount  stated  therein  to  be  levied  against  such  property and any
uncollected assessment shall be a lien  upon  the  land  affected.  Such
amount  shall  be  levied and collected at the same time and in the same
manner as other town taxes, and shall be paid to the supervisor  of  the
town,  to  be  applied  in reimbursing the fund from which such cost was
defrayed.
15-c. Screening facilities in the towns of  the  counties  of  Nassau,
Rockland  and  Westchester  and  certain  towns in the county of Suffolk
required by zoning boards of appeals or zoning ordinances. Any  town  in
the  counties  of  Nassau,  Rockland  and  Westchester  and the towns of
Huntington, Babylon, Brookhaven, Islip,  Southampton  and  Smithtown  in
Suffolk  county  may  adopt  an  ordinance  giving  to  the  appropriate
officials of such town, upon the direction of the town board, the  right
and   power  to  erect,  replace,  repair  or  maintain  fences,  trees,
plantings, shrubbery or other screening on land  located  in  such  town
where  such  screening  facilities  are  required by direction of a town
board of zoning appeals or by zoning ordinance and there is a failure to
comply with such direction, and if, after giving thirty days' notice  by
registered  mail  addressed  to  the owner of record of such land at the
address shown on the last preceding assessment roll, such fences, trees,
plantings, shrubbery or other screening are not  so  erected,  replaced,
repaired or maintained by or on behalf of such owner; and the town board
may  provide for the assessment of all costs and expenses so incurred by
the town, in connection with any action taken as above, against the land
on which such screening facilities are located.
16. Unsafe buildings  and  collapsed  structures.  Providing  for  the
removal  or  repair of buildings in business, industrial and residential
sections that, from any cause, may now  be  or  shall  hereafter  become
dangerous or unsafe to the public; providing as follows:
a.  For  an inspection and report by an official duly appointed by the
town board;
b.  For  a notice to be served on the owner or some one of the owner's
executors, legal representatives, agents, lessees or  any  other  person
having  a vested or contingent interest in same, either personally or by
registered mail, addressed to the last known address,  if  any,  of  the
owner  or  some  one  of  the  owner's executors, legal representatives,
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 or county register, 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; and if such service be  made  by  registered
mail, for a copy of such notice to be posted on the premises.
c.  For  time within which person served with such notice may commence
the securing or removal of buildings or structures;
d. For the filing of a copy of such notice in the office of the county
clerk of the county within which such building or structure is  located,
which notice shall be filed by such clerk in the same manner as a notice
of pendency pursuant to article sixty-five 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 paragraph. A
notice so filed shall be effective for a period of  one  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
town attorney. The clerk of the county where such notice is filed  shall
mark such notice and any record or docket thereof as cancelled of record
upon  the presentation and filing of such consent or of a certified copy
of such order.
e. For a hearing before the town board, notice of which and  the  time
and  place  thereof to be specified in the notice to repair or demolish;
served upon the owner  and  such  persons  having  an  interest  in  the
property or structure as is herein prescribed.
f.  For  the  removal of such building or structure by the town in the
event such owner fails or refuses to repair or remove  the  same  within
the time provided.
g. For the assessment of all costs and expense incurred by the town in
connection  with the proceedings to remove or secure, including the cost
of actually removing said building or structure,  against  the  land  on
which said buildings or structures are located.
17.   Regulation   of   vessels,  personal  watercraft  and  specialty
prop-craft.  Except when prohibited by the laws of this state or of  the
United   States;   (1)  a.  Regulating  the  speed  and  regulating  and
restricting the operation of vessels, personal watercraft and  specialty
prop-craft  and,  in  the  counties of Westchester, Saratoga, Warren and
Suffolk the size and horse power of inboard and outboard  motors,  while
being  operated or driven upon any waters within or bounding the town to
a distance of fifteen hundred feet from the shore except that in  Nassau
and  Suffolk  counties,  towns  may  regulate and restrict the speed and
regulate and restrict the operation of vessels in all tidal waters  upon
lands  within  the  geographic  boundaries  of such town and those tidal
waters contiguous with the town to a distance of  fifteen  hundred  feet
from  shore  and  not  within  any  other town. With respect to personal
watercraft  and  specialty  prop-craft,  regulations   may   include   a
prohibition  of  their  use  provided  such prohibition does not prevent
access  to   federally   maintained   and   designated   channels   and,
notwithstanding  any  other provision of law, such prohibition shall not
be adopted unless the town complies with the public hearing requirements

and the requirements for signage as set forth in  section  forty-six  of
the navigation law.
b.  Restricting  and regulating the anchoring or mooring of vessels in
any waters within or bounding the town to a distance of fifteen  hundred
feet from the shore.
c.  Restricting  and regulating the anchoring or mooring of vessels in
such waters when used or occupied as living or  sleeping  quarters  and,
providing  time  limits  on duration of the stay of such vessels in such
waters and requiring inspection and registration of such vessels when so
used.
d. Restricting and regulating sewage disposal and garbage removal from
said vessels and use of toilets thereon. The term "sewage"  as  used  in
this subdivision shall mean all human body wastes.
e.  Designating  public anchorage area or areas and regulating the use
thereof.
(2) The provisions of this  subdivision  shall  not  apply  to  waters
within  or  bounding  an  incorporated  village to a distance of fifteen
hundred feet from the shore,  jurisdiction  with  respect  to  which  is
vested  in  the  board  of  trustees  of  a village by the provisions of
subdivision one of section forty-six-a of the navigation law.
18. Shellfish. a. Regulating the  taking  and  the  manner  of  taking
clams,  oysters,  scallops and other shellfish from the lands of or from
waters over the lands of
(1) a town vested with the title to, or  holding  a  lease  on,  lands
under  tidewater  in any harbor, bay or creek, and vested with the right
of fishing, or
(2) the trustees of the freeholders and commonalty of a town in  which
such  trustees  are  vested  with  title  to such lands and the right of
fishing, provided that such trustees shall file with the town  clerk  an
application in writing therefor.
b.  Such  ordinance  in either case shall not be less restrictive than
the environmental conservation law or, where  such  law  authorizes  the
department  to  establish  lesser  restrictions,  the  regulations  made
pursuant to such law, and may provide
(1) that no dredge or scrape shall be used for such purpose except  by
a lessee upon lands held by such lessee under lease;
(2) that no dredge or scrape shall be on board of any boat except that
of  a  lessee  while upon water covering lands held by such lessee under
lease and while navigating between the dock, anchorage or  moorage  used
by such lessee and such leased land;
(3)  that no dredge or scrape shall be on board of any boat while used
for taking shellfish from such lands except by a lessee of lands  as  in
this subdivision provided;
(4)  that  each  person  upon  a  boat upon which there is a dredge or
scrape except as in such ordinance permitted by  a  lessee  shall  be  a
violator of such ordinance;
(5)  That no person shall take any shellfish from such lands, except a
lessee from lands held by such lessee under lease,  unless  such  person
shall  have  received  from  the proper and duly constituted authority a
written license or permit permitting such person to take such shellfish,
and a license or permit granted to any person shall upon  such  person's
conviction of a violation of such ordinance, be terminated and void; and
(6)  that  any  person  making unlawful entries upon such lands may be
proceeded against by injunction to restrain  a  continuing  trespass  as
well as for violation of said ordinance.
c.  Such ordinance shall not apply to the use of a dredge or scrape by
the owner, the town or  such  trustees,  for  the  purpose  of  removing
diseased  or blighted shellfish from such lands or to any operation by a

town or such trustees incident to transplanting  shellfish  within  such
town.
19. Trespass. Prohibiting trespass to public and private property, for
the  purpose  of protection and preservation of the property of the town
and of its inhabitants and of peace and good order.
20. Hotels, inns,  boarding  houses,  etc.  Regulating  hotels,  inns,
boarding  houses, rooming houses, lodging houses, associations, clubs or
any building or part of a building  used  in  the  business  of  renting
rooms, individual or several, and also private sanatoriums, convalescent
homes,  homes  for  aged  or indigent persons, day nurseries, hospitals,
rest homes or any building or  part  of  a  building  used  for  similar
purposes,  containing  a total number of beds, cots or similar equipment
providing sleeping accommodations for more than five persons; specifying
the type of construction, the manner of their running and operation  and
prescribing regulations assuring proper sanitation, cleanliness and fire
protection.
21.  House trailer camps, tourist camps and house trailers. Regulating
house trailer camps, tourist camps or similar establishments;  requiring
approval of suitable plans for house trailer camps and tourist camps and
prescribing   regulations   therefor   including   provision  for  sewer
connection, water supply, toilets, bathing facilities, garbage  removal,
registration  of  occupants,  inspection  of  camps.  The town board may
either adopt the provisions of the  sanitary  code  established  by  the
public  health  and health planning council or may formulate other rules
and regulations relating  to  house  trailer  camps,  tourist  camps  or
similar  establishments  not  inconsistent  with  the provisions of such
state sanitary  code.  Regulating  the  parking,  storage  or  otherwise
locating  of  house trailers when used or occupied as living or sleeping
quarters in any part of the town outside an  established  house  trailer
camp,  tourist  camp  or similar establishment; providing time limits on
duration of the stay of such house trailers and  requiring  registration
of such house trailers when so used.
22.  Air-ports  and  flying  fields.  Regulating  air-ports and flying
fields, and property or spaces adjacent  thereto  occupied  or  used  in
connection  therewith or in the operation thereof for the purpose of the
parking or accommodation of automobiles or other vehicles; locating  and
regulating  the  flow  of vehicular traffic in, to and from such used or
occupied spaces; requiring that such used or  occupied  spaces  be  kept
free  of  stagnant  pools of water and other disagreeable odor producing
causes; requiring proper and  adequate  sanitary  facilities,  including
toilets,  water  supply,  and  garbage  or  waste containers at suitable
locations thereon and providing for the proper removal of  the  contents
thereof,  and that such spaces be otherwise kept in a clean and sanitary
condition; requiring that any such used portions  thereof  be  kept  and
maintained free from dust by the use of oil or other preventative, or by
other  means;  requiring  that  the owner thereof adequately police such
properties to prevent the commission of crime and/or injury to person or
property while thereon.
23. Sand pits, quarries, top soil and  other  excavations.  Regulating
the  manner  of  construction  on, removal of material from, filling up,
draining, cleaning, operating and using any lands or other premises  for
sand or gravel pits, stone quarries, stripping of top soil, or for other
excavation  purposes  and  prohibiting  the  use  of  any lands or other
premises for the aforesaid  purposes  which  do  not  comply  with  such
regulations.
23-a. The town board of the town of Southold in the county of Suffolk,
is authorized to regulate by ordinance consistent with the provisions of

the  public health law and any other general law the raising and keeping
of ducks within such town.
24.  Riding  stables and riding academies. Regulating, controlling, or
prohibiting riding stables, riding academies, or similar establishments;
requiring approval  of  plans  for  the  construction  and  location  of
stables;  prescribing  regulations  for  the  care of horses; regulating
bridle paths and bridle trails; prohibiting or regulating  night  riding
of horses; and otherwise providing for the care and safety of horses and
riders.
25. Building lines. Establishing building lines in a public highway or
highways and requiring all buildings hereafter erected to be within such
lines.
26.  Air  guns. Regulating or prohibiting the possession, sale and use
of air guns, spring guns or other instruments or weapons  in  which  the
propelling force consists of springs or air.
27.  Firearms.  In the towns of Huntington, Babylon, Smithtown, Islip,
Brookhaven, Riverhead and Southampton, in the county of Suffolk, in  the
town of Niskayuna in the county of Schenectady, in the town of Ramapo in
the  county of Rockland, in the towns of Irondequoit, Greece, Pittsford,
Brighton, Penfield, Perinton, Webster and Gates in the county of Monroe,
in the town of Colonie in the county of Albany,  and  in  the  towns  of
Vestal  and  Union  in the county of Broome prohibiting the discharge of
firearms in areas in which such activity may be hazardous to the general
public or nearby residents, and providing for the posting of such  areas
with  signs  giving  notice of such regulations, which ordinances, rules
and regulations may be more, but not less, restrictive  than  any  other
provision  of  law.  Thirty  days prior to the adoption of any ordinance
changing the five hundred foot rule,  a  notice  must  be  sent  to  the
regional  supervisor  of fish and game of the environmental conservation
department, notifying him of such intention.
28. Billiard rooms. In towns,  subject  to  a  permissive  referendum,
setting  the  minimum  age  of  minors  to  be allowed upon the premises
provided, however, that an ordinance shall only allow  such  minor  upon
the  premises  when  accompanied  by  adult  supervision  as  part of an
organized youth activity. For purposes of this subdivision an  organized
youth  activity  shall  not  include  activities  sponsored primarily by
persons under eighteen years of age.
29. Loitering. Prohibiting and punishing loitering; provided  however,
that  such ordinance or law shall only prohibit loitering for a specific
illegal purpose or loitering in a specific place  of  restricted  public
access  and  shall  therein set forth guidelines for application of such
prohibitions by law enforcement officers so as to prevent  arbitrary  or
discriminatory enforcement of such prohibitions.