N.Y. Town Law § 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.