People v. Town of Clarkstown

160 A.D.2d 17, 559 N.Y.S.2d 736, 1990 N.Y. App. Div. LEXIS 8766
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 18, 1990
StatusPublished
Cited by13 cases

This text of 160 A.D.2d 17 (People v. Town of Clarkstown) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Town of Clarkstown, 160 A.D.2d 17, 559 N.Y.S.2d 736, 1990 N.Y. App. Div. LEXIS 8766 (N.Y. Ct. App. 1990).

Opinion

OPINION OF THE COURT

Rosenblatt, J.

On July 8, 1986, the Town of Clarkstown in Rockland County amended its zoning ordinance to add certain requirements for family day-care homes. The issue in this appeal is whether the State Legislature has preempted the regulation of family day-care homes, thus rendering the town’s amendment invalid. We hold that the State has preempted the field, and that accordingly, the amendment is invalid.

The facts underlying this appeal are as follows:

Town of Clarkstown Zoning Code § 106-10A (8), as amended July 8, 1986, contains the following "performance standards” relative to day-care homes:

"(a) A suitable, safe, fenced or other enclosed play area shall be provided, located not less than 50 ft. from any street line or 25 ft. to any lot line. The play area shall include at least 200 [19]*19sq. ft. per child. No play area may be in any required front yard.
"(b) No building areas to be occupied by the children shall be within a required yard.
"(c) At least one off-street parking space shall be provided for each staff member, and at least one space per every three (3) enrolled children.
"(d) The family day care home shall be allowed only as accessory to a single-family detached residence. No family day care home shall be located on a lot that includes a two-family conversion.
"(e) All licensing requirements of the Department of Social Services shall be met. The Certificate of Occupancy shall automatically terminate upon sale of the premises, or if the Department of Social Services license is revoked.
"(f) No more than six (6) children shall be enrolled in the family day care home.
"(g) In keeping with the State Uniform Building Code applicable to Chapter F—Housing Maintenance for home occupation and for accessory use—the maximum floor area shall be no more than twenty-five (25%) percent of the total floor area of the dwelling unit and in no event more than five hundred (500) square feet of the floor area”.

In addition, Town of Clarkstown Zoning Code § 106-3, as amended July 8, 1986, defines "family day care” as follows: "Day care in a family home shall mean day care of not more than six (6) children in a single-family detached residence”. Moreover, the town requires compliance with the following fire safety regulations for family day-care homes: (1) space to meet building code and town housing standards, (2) two exits,

(3) suitable hardware on exit doors, with no locking devices,

(4) emergency lights, (5) a fire detection system throughout with bells and pullboxes, (6) portable fire extinguishers, of adequate number and size, and (7) a first-aid kit.

In September 1987 pursuant to Social Services Law § 390, the Rockland County Department of Social Services certified Jaclyn Lynam as a family day-care provider. Ms. Lynam provides day-care services in her home, which is also the home of her parents, Margaret and Walter Donne.

In October 1987 the Town of Clarkstown Building Inspector issued a notice to the Donnes, informing them that they were in violation of the Code of the Town of Clarkstown in that "No person, firm or corporation shall change the nature of [20]*20occupancy of a building without a building permit from the Building Inspector. To wit, having a family day care home in a single family residence”. In November 1987 Margaret Donne received a criminal summons from the Justice Court of the Town of Clarkstown, charging her with "Building use change without a permit”.

In December 1987 the State commenced this action by which, among other things, it sought a declaration that the town’s zoning ordinance was preempted by State law. The State also sought to enjoin the town from enforcing its family day-care regulations, and from continuing to prosecute the Donnes for the operation of family day-care services in their home.

By order dated March 21, 1988, the Supreme Court (Stolarik, J.), granted the State’s motion for a preliminary injunction, finding that the State had met its burden for such relief because "[w]ith respect to the likelihood of ultimate success on the merits the plaintiff has demonstrated convincingly that the New York State legislature has impliedly expressed its intention to pre-empt local regulation of state licensed family day care homes”, that the State had shown irreparable injury in that "[a] denial of the application for injunctive relief would have a chilling effect upon the provision of child day care services throughout the State of New York” and "deprive the parents of the children who are presently in day care at 4 Aspen Court [the Donnes’ residence] of necessary day care”, and, further, that the equities were in favor of the State.

On May 3, 1988, the parties stipulated that "there are no disputed issues of material fact in need of resolution by trial with respect to plaintiffs’ causes of action, and that the issues regarding plaintiffs’ causes of action are questions of law”. The parties agreed that the Supreme Court’s decision granting the State a preliminary injunction would be deemed a decision in the State’s favor on the merits of its causes of action, and judgment was entered in favor of the State. We affirm.

The municipal home rule law of the New York Constitution "directs the Legislature to provide for the creation and organization of local governments so as to secure the rights, powers, privileges and immunities granted by the Constitution” (Kamhi v Town of Yorktown, 74 NY2d 423, 428; see, NY Const, art IX, § 1). A local government can exercise its police power "only when and to the degree it has been delegated such lawmaking authority” (People v De Jesus, 54 NY2d 465, 468). [21]*21The State Constitution limits the police power of a local government by requiring that a local law be "not inconsistent with * * * any general law” (NY Const, art IX, § 2 [c] [i]), and that the legislative power of local government be limited "to the extent that the legislature shall restrict the adoption of such a local law” (NY Const, art IX, § 2 [c] [ii]).

Thus, a local law will be ruled invalid not only when it is inconsistent with the Constitution or any general law of the State, but also when the Legislature has preempted the field (see, Jancyn Mfg. Corp. v County of Suffolk, 71 NY2d 91, 96-97; New York State Club Assn. v City of New York, 69 NY2d 211, 217, affd 487 US 1). There need not be an express conflict between a State and a local law to render the local law invalid as "inconsistent”. "Rather, inconsistency 'has been found where local laws prohibit what would have been permissible under State law or impose "prerequisite 'additional restrictions’ ” on rights under State law, so as to inhibit the operation of the State’s general laws’ ” (New York State Club Assn. v City of New York, supra, at 217; see, Jancyn Mfg. Corp. v County of Suffolk, supra, at 97).

The preemption doctrine, a "fundamental limitation on home rule powers” (Albany Area Bldrs. Assn. v Town of Guilderland, 74 NY2d 372, 377), applies to invalidate local laws where "the State has demonstrated an intent to preempt an entire field and thereby preclude any further local regulation” (Matter of Ardizzone v Elliott, 75 NY2d 150, 155).

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Cite This Page — Counsel Stack

Bluebook (online)
160 A.D.2d 17, 559 N.Y.S.2d 736, 1990 N.Y. App. Div. LEXIS 8766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-town-of-clarkstown-nyappdiv-1990.