§ 130 — Town ordinances

New York § 130

• Jurisdiction: New York
• Law TWN: Town
• Art. 9: Ordinances and Licenses

Text

§ 130. Town ordinances. The town board after a public hearing may\nenact, amend and repeal ordinances, rules and regulations not\ninconsistent with law, for the following purposes in addition to such\nother purposes as may be contemplated by the provisions of this chapter\nor other laws. In order to accomplish the regulation and control of such\npurposes, the town board may include in any such ordinance, rule or\nregulation provision for the issuance and revocation of a permit or\npermits, for the appointment of any town officers or employees to\nenforce such ordinance, rule or regulation and/or the terms and\nconditions of any permit issued thereunder, and for the collection of\nany reasonable uniform fee in connection therewith. The town clerk shall\ngive notice of such hearing by the publication of a notice in at least\none newspaper circulating in the town, specifying the time when and the\nplace where such hearing will be held, and in general terms describing\nthe proposed ordinance. Such notice shall be published once at least ten\ndays prior to the day specified for such hearing.\n Whenever the constitutionality of any local law, ordinance, rule or\nregulation of a town is brought into issue upon a trial or hearing of\nany civil cause of action or proceeding in any court, and the town is\nnot a party to such action or proceeding, notice shall be served upon\nthe town in accordance with section one thousand twelve of the civil\npractice law and rules.\n 1. Building code. Regulating the manner of construction, alteration,\nremoval and inspection of buildings and structures of every nature and\ndescription erected or proposed to be erected in said town, and the\nmaterials to be used therefor, and in the case of buildings used for\npublic assemblage requiring such stairways, doors, halls, exits and\nother facilities as may be necessary for the safety, security and\ncomfort of persons using the same, and prohibiting any construction,\nalteration, or removal which does not comply with such regulations. Such\nregulations shall be known as the building code of the town.\n 2. Plumbing code. Regulating the manner of construction, alteration,\nremoval and inspection of all plumbing and drainage systems in existing\nor proposed buildings and structures and the materials to be used\ntherefor, and the location of cess-pools and sewer systems, the manner\nof construction and the materials to be used therefor, and the manner in\nwhich connections shall be made with main sewers, drains and water\nmains, and the materials to be used therefor, and prohibiting any\nconstruction, alteration or removal or the use of any materials which do\nnot comply with such regulations. The town board may either adopt the\nstandard plumbing code recommended by the state department of health or\nmay formulate other rules and regulations relating to plumbing. Such\nregulations shall be known as the plumbing code of the town.\n 3. Electrical code. Regulating the manner of construction, alteration,\nremoval and inspection of all electrical work in existing or proposed\nbuildings and structures and the materials to be used therefor, and\nprohibiting any construction, alteration or removal or the use of any\nmaterials which do not comply with such regulations. Such regulations\nshall be known as the electrical code of the town.\n 3-a. Housing code. Regulating and establishing minimum standards\ngoverning the condition, occupancy, and maintenance of dwellings,\ndwelling units, rooming houses, rooming units and premises; establishing\nminimum standards governing utilities, facilities, and other physical\ncomponents and conditions essential to make dwellings, dwelling units,\nrooming houses, rooming units, and premises safe, sanitary and fit for\nhuman habitation; fixing certain responsibilities and duties of owners,\noperators, agents, and occupants of dwellings, and dwelling units,\nrooming houses, and rooming units; authorizing and establishing\nprocedures for the inspection of dwellings, dwelling units, rooming\nhouses, and rooming units, and the condemnation and vacation of those\ndwellings, dwelling units, rooming houses, and rooming units unfit for\nhuman habitation. The provisions of this subdivision shall apply only to\none and two family dwellings, provided, however, that nothing herein\ncontained shall be construed to affect the power of a town to enact or\nadopt local laws, ordinances or regulations, with respect to multiple\ndwellings, pursuant to the provisions of section three hundred\ntwenty-nine of the multiple residence law.\n 4. Sidewalks. Regulating the manner of construction, reconstruction\nand repair of sidewalks, the materials to be used, the grades and the\nwidths thereof and prohibiting any construction, reconstruction or\nrepair which does not comply with such regulations; requiring the owner\nand occupant of premises abutting on any street where a sidewalk has\nbeen laid, to keep the sidewalk in front of such premises, free and\nclear from snow, ice, dirt and other obstructions and upon default\nthereof provide for the removal thereof at the expense of the owners of\nsuch premises and that such charge shall become a lien upon the premises\nbenefited thereby, until paid.\n 5. Fire prevention. Regulating the erection of buildings where extra\nhazardous business is to be carried on and the carrying on of such\nbusiness: Regulating the attendance in public buildings and the use of\naisles as standing room for spectators and the erection of fire escapes\non all public buildings: Regulating the construction and use of all\nheating systems and devices employing heat or fire or conducting smoke\nfor any purpose: Establishing fire limits and prohibiting the erection\nof frame buildings or structures therein: Preventing and extinguishing\nfires and regulating conduct thereat: Regulating the use, sale, storage\nand transportation of fire arms, fire works, explosives and inflammables\nor prohibiting the use, sale, storage and transportation of any of them:\nRequiring the deposit of ashes and waste in safe receptacles and places:\nProhibiting bonfires in the streets and public places and regulating the\nmanner in which they may be permitted in other places: Requiring the\ncutting, trimming and removal of brush, grass and weeds and the removal\nof rubbish and the elimination of fire hazards: Protecting and\npreserving the property and apparatus of any fire company or department:\nRegulating the parking of automobiles or other conveyances in the\nlocality of fire houses and hydrants: Providing for punishment for\ninsubordination or disorderly conduct at fires or the wilful neglect or\nrefusal to obey or the attempt to prevent or obstruct the lawful orders\nof a person in charge of the operations of a fire department or fire\ncompany: Preventing damage by fire and protecting property exposed to\ndestruction by fire: Providing for the voluntary destruction either in\npart or in whole of buildings and property to arrest fire or extinguish\nthe same, and for all other things necessary or helpful for the\nprevention of fire or the extinguishing thereof and for such other\nfurther purposes as shall tend to provide for the general safety of\npersons and property within the town.\n 6. Public dump and dumping ground. Prohibiting and/or regulating the\nuse of any lands within the town as a dump or dumping ground.\n 7. Use of streets, highways, sidewalks and public places. (a)\nRegulating the use of streets, highways, sidewalks and public places by\npedestrians, animals, motor and other vehicles, including local and\ninterurban street cars; restricting parking of all vehicles therein;\nregulating parades and public assemblages therein; regulating or\nprohibiting coasting therein; and, subject to the approval of the\ndepartment of transportation, requiring railroad companies to employ and\nmaintain competent flagmen and erect gates at any street or highway\ncrossing; prohibiting the deposit of any dirt, filth, waste or rubbish\nin any street, highway, sidewalk, that part of any waterway within its\njurisdiction or public place or incumbering thereof by any encroachment\nof buildings, structures, excavation or otherwise; regulating the manner\nin which excavation may be made in or under the streets, highways,\nsidewalks or public places and requiring an indemnity bond as a\ncondition precedent thereto or the town board may require as the\ncondition precedent thereto, the deposit in cash of such an amount as\nthe board may determine necessary to cover the probable expense to the\ntown of the replacement by the town of the street, highway, sidewalk or\npublic place, and the unexpended balance, if any, shall be refunded to\nthe depositor; providing for the removal of snow and ice therefrom;\nprohibiting the use by owners and occupants of property abutting on\npublic streets or grounds of barbed wire or similar fences along the\nboundaries of such street or grounds.\n (b) If the front or other exterior wall of any building erected on or\nbefore the first day of January, nineteen hundred forty, in any town\nencroaches not more than six inches upon any street or highway, no\naction or proceeding to compel the removal of such wall shall be\ninstituted or maintained by or on behalf of the town, or by or on behalf\nof any person claiming an easement in or title to the portion of the\nstreet or highway on which such wall encroaches, unless such action or\nproceeding be commenced within the period of one year from the time this\nact takes effect, and unless within such period a notice of the pendency\nof such action or proceeding, describing the property on which said\nbuilding stands and indexed against the owner thereof, be filed in the\noffice of the clerk of the county in which the property lies.\n (c) If the front or other exterior wall of any building erected after\nthe first day of January, nineteen hundred forty, in any town encroaches\nnot more than six inches upon any street or highway, no action or\nproceeding to compel the removal of such wall shall be instituted or\nmaintained by or on behalf of the town, or by or on behalf of any person\nclaiming an easement in or title to the portion of the street or highway\non which such wall encroaches, unless such action or proceeding be\ncommenced within the period of one year from the time of the serving of\na notice as hereinafter provided, and unless within such period a notice\nof the pendency of such action or proceeding, describing the property on\nwhich said building stands and indexed against the owner thereof, be\nfiled in the office of the clerk of the county in which the property\nlies. Any person having any interest in the property on which such\nbuilding stands may serve a notice on the town clerk, town supervisor or\non such town officer as the town board shall authorize and direct to\ndefend or appear in any action or legal proceeding against said town, of\nthe town in which said property lies, setting forth a brief description\nof the property, his interest therein, and the existence of an\nencroachment on the street or highway. Such notice, together with proof\nor admission of service thereof, shall be filed in the office of the\nclerk of the county in which such property lies. The clerk shall index\nand record such notice as if it were a notice of the pendency of an\naction and shall collect the usual fees for recording and indexing a\nnotice of the pendency of an action.\n (d) If no action be brought within the period hereby limited therefor\nthe owners and encumbrancers of such property shall be deemed to have an\neasement for the maintenance of the encroaching wall so long as the said\nwall shall stand, and no longer.\n (e) If the front or other exterior wall of any building erected on or\nbefore the first day of January, nineteen hundred sixty-five in any town\nencroaches not more than six inches upon any town street or town\nhighway, the local legislative body of any town may authorize the\nmaintenance of such encroachment by ordinance during the period of time\nthe encroaching wall is in existence; provided, however, that such\nauthorization shall not confer any right or claim to be asserted against\nsuch town or the state.\n (f) The owner of real property upon which the front or exterior wall\nof any building thereon encroaches upon any town street or highway, may\nsubmit a request, in writing, to the town board of such town for\nauthorization to maintain such front or exterior wall during the time\nsuch wall is in existence.\n (g) Upon presentation of such request, notice thereof shall be given\nto the town highway superintendent, who shall recommend to the town\nboard the proposed action on such request. Within thirty days of the\npresentation of such request, the town board shall determine if the\ngranting of such request shall adversely impact upon the users of the\ntown street or highway. In the event a determination is made that such\nencroachment does adversely impact upon the use of the town street or\nhighway, such request shall be denied. In the event a preliminary\ndetermination is made that such encroachment may have no adverse impact\nupon the use of the town street or highway, the town board shall within\nthirty days after the issuance of such preliminary finding, hold a\npublic hearing upon such request, which public hearing shall be\nconducted upon not less than ten days notice to the public. In addition\nto such public notice, the owners of property, as determined from the\nlast completed assessment roll, within five hundred feet of the property\nas measured from the intersections of the property lines with the town\nstreet or highway shall be given notice by certified mail of such public\nhearing.\n (h) If, upon the completion of the public hearing, the town board\ndetermines that such front or exterior wall does not interfere or impede\nthe right of the public to use such town street or highway, the town\nboard may grant to the owner of such property a license to continue to\nmaintain such front or exterior wall during the period such wall is in\nexistence; provided however, such town shall have the authority to\nrevoke such license at any time in the event the town board determines\nthat such town street or highway will be improved and as a result of\nsuch improvement the front or exterior wall will then impede, interfere\nwith or obstruct traffic or the use of the town street or highway;\nprovided, further, that such license shall not confirm any right or\nclaim against such town. In such event the owner of the property shall\nbe given notice of the proposed action and shall, within the time set\nforth in the notice, remove such front or exterior wall from the town\nstreet or highway.\n (i) Upon the abandonment of the building or in the event such\nbuilding, because of a lack of care enters a state of disrepair, the\nowner thereof shall remove such front or exterior wall upon notice from\nthe town board.\n (j) The authority granted to a town pursuant to paragraphs (f), (g),\n(h) and (i) of this subdivision may, by local law, be assigned to any\ndepartment or agency of the town.\n 7-a. Location and construction of driveways. Regulating the location\nand manner in which driveway entrances and exits may be constructed by\nowners and occupants of property abutting on town highways; provided,\nhowever, that such regulations shall not deny access from abutting\nproperty upon town highways, when such abutting property is a legal lot\nin accordance with existing statutes and ordinances.\n 8. Smoke, gases and wastes. Regulating and prohibiting the unnecessary\nemission of smoke, noxious gases, deposits, dusts, trade wastes and\nother pollutions from buildings, engines, locomotives and other sources,\nand regulating, restricting and prohibiting the unnecessary use of\nbituminous coal within the town or any portion thereof, when such use\nwould affect the public health.\n 9. Animals. Regulating the keeping of calves; regulating and\nprohibiting the keeping of swine and mink, restraining the running at\nlarge of horses, cattle, sheep, unmuzzled dogs, whether licensed or not,\nfowls and other animals and authorizing the impounding and sale of the\nsame for the costs of keeping, proceedings and penalty, or the killing\nof unmuzzled dogs.\n 10. Malicious mischief. Punishing the wilful and malicious breaking,\nmarring, injuring, removing or defacing of any building or structure,\nfence, awning, sign board, tree, crop, shrubbery or other property; the\ntearing down of notices lawfully posted; the removal or alteration or\nany unlawful interference with stakes set out by engineers, surveyors or\notherwise to indicate boundaries or other lines.\n 11. Peace, good order and safety. Preserving the public peace and good\norder; preventing and suppressing vice, immorality, disorderly and\ngambling houses and houses of ill-fame, riots and tumultuous\nassemblages, unnecessary crowds upon the streets, or in doorways or\nstairways adjacent thereto, or loitering about such places, preventing\nunreasonably loud or disturbing noises, determined by the board to be of\na character, intensity or duration as to be detrimental to the peace,\nwelfare or good order of the people, and preventing all disorderly,\nnoisy, riotous or tumultuous conduct within the town, disturbing the\npeace and quiet of the town or any meeting or assembly therein; except\nwhen prohibited by reason of the laws of the United States, regulating\nthe use of beaches in or adjacent to the town and regulating swimming\nand bathing in open water exposed to the public including the use of\nunderwater diving devices for swimming and fishing, within or bounding\nthe town or such beaches to a distance of fifteen hundred feet from the\nshore and requiring the owners or operators of any bathing beaches, bath\nhouses or other places charging a fee to the public for the use of any\nsuch facilities to provide adequate safeguards for the protection of\npersons bathing in waters adjacent to such premises; prohibiting\nprofane, vulgar or obscene language or conduct in any street or public\nplace in the town.\n 12. Amusements. Regulating public dance halls and all places where\ndancing is permitted; specifying the hours during which such dancing may\ncontinue, the supervision thereof, the minimum age of persons allowed to\nattend, and all other matters relating to the conduct thereof;\nregulating the conduct of circuses, theatres, pool and billiard parlors,\nbowling alleys, athletic contests or exhibitions, and all similar places\nof amusement for money or hire.\n 13. Beverages and eating places. Regulating all places selling or\noffering for sale at retail for consumption on the premises any beverage\nor food stuff; providing for sanitation and cleanliness and the\ninspection thereof and defining the opening and closing hours and all\nother matters related thereto.\n 14. Slaughtering houses and rendering works. Regulating the location,\noperation, cleaning and removal of slaughter houses, fat, offal or other\nrendering or reduction works or establishments and unwholesome and\nnoisome buildings or places.\n 15. Promotion of public welfare. Promoting the health, safety, morals\nor general welfare of the community, including the protection and\npreservation of the property of the town and of its inhabitants, and of\npeace and good order, the benefit of trade and all other matter related\nthereto, insofar as the same shall not be inconsistent with existing\nlaw.\n 15-a. Excavated lands. Any town may adopt an ordinance giving to the\nappropriate officials of such town, upon the direction of the town\nboard, the right and power to fill in excavated lands and property if,\nafter a hearing, the existence of such lands and property are deemed by\nthe town board to constitute a hazard to public safety and if, after\ngiving thirty days' notice by certified mail addressed to the owner of\nrecord of such lands and property at the address shown on the last\npreceding assessment roll, such excavated lands and property are not\nfilled in by or on behalf of such owner. Where the excavated lands are\nfilled in by the town, the cost thereof shall be assessed against such\nlands and property by such town officer as may be designated by such\nordinance. The town officer so designated shall serve personally or by\ncertified mail upon the owner of such property at the same address a\nwritten notice, stating that at a time and place specified therein, he\nwill assess such cost against such property. Such notice shall be served\nat least eight days previous to the time specified therein. If directed\nagainst a corporation, it may be served upon the corporation at its\nprincipal place of business, place of business upon an agent of the\ncorporation within the town, or upon the secretary of state. Notice\nserved upon the secretary of state shall be served at least twelve days\nprevious to the time specified therein. At the time and place so\nspecified, he shall hear the parties interested, and shall thereupon\ncomplete the assessment, stating therein, the name of each owner and the\namount so assessed, and shall return such assessment to the town clerk\nwho shall present the same to the town board. Such town board shall\ncertify such assessment to the board of supervisors who shall cause the\namount stated therein to be levied against such property and any\nuncollected assessment shall be a lien upon the land affected. Such\namount shall be levied and collected at the same time and in the same\nmanner as other town taxes, and shall be paid to the supervisor of the\ntown, to be applied in reimbursing the fund from which such cost was\ndefrayed.\n 15-c. Screening facilities in the towns of the counties of Nassau,\nRockland and Westchester and certain towns in the county of Suffolk\nrequired by zoning boards of appeals or zoning ordinances. Any town in\nthe counties of Nassau, Rockland and Westchester and the towns of\nHuntington, Babylon, Brookhaven, Islip, Southampton and Smithtown in\nSuffolk county may adopt an ordinance giving to the appropriate\nofficials of such town, upon the direction of the town board, the right\nand power to erect, replace, repair or maintain fences, trees,\nplantings, shrubbery or other screening on land located in such town\nwhere such screening facilities are required by direction of a town\nboard of zoning appeals or by zoning ordinance and there is a failure to\ncomply with such direction, and if, after giving thirty days' notice by\nregistered mail addressed to the owner of record of such land at the\naddress shown on the last preceding assessment roll, such fences, trees,\nplantings, shrubbery or other screening are not so erected, replaced,\nrepaired or maintained by or on behalf of such owner; and the town board\nmay provide for the assessment of all costs and expenses so incurred by\nthe town, in connection with any action taken as above, against the land\non which such screening facilities are located.\n 16. Unsafe buildings and collapsed structures. Providing for the\nremoval or repair of buildings in business, industrial and residential\nsections that, from any cause, may now be or shall hereafter become\ndangerous or unsafe to the public; providing as follows:\n a. For an inspection and report by an official duly appointed by the\ntown board;\n b. For a notice to be served on the owner or some one of the owner's\nexecutors, legal representatives, agents, lessees or any other person\nhaving a vested or contingent interest in same, either personally or by\nregistered mail, addressed to the last known address, if any, of the\nowner or some one of the owner's executors, legal representatives,\nagents, lessees or other person having a vested or contingent interest\nin same, as shown by the records of the receiver of taxes and/or in the\noffice of the county clerk or county register, containing a description\nof the premises, a statement of the particulars in which the building or\nstructure is unsafe or dangerous and an order requiring same to be made\nsafe and secure or removed; and if such service be made by registered\nmail, for a copy of such notice to be posted on the premises.\n c. For time within which person served with such notice may commence\nthe securing or removal of buildings or structures;\n d. For the filing of a copy of such notice in the office of the county\nclerk of the county within which such building or structure is located,\nwhich notice shall be filed by such clerk in the same manner as a notice\nof pendency pursuant to article sixty-five of the civil practice law and\nrules, and shall have the same effect as a notice of pendency as therein\nprovided, except as otherwise hereinafter provided in this paragraph. A\nnotice so filed shall be effective for a period of one year from the\ndate of filing, provided, however, that it may be vacated upon the order\nof a judge or justice of a court of record or upon the consent of the\ntown attorney. The clerk of the county where such notice is filed shall\nmark such notice and any record or docket thereof as cancelled of record\nupon the presentation and filing of such consent or of a certified copy\nof such order.\n e. For a hearing before the town board, notice of which and the time\nand place thereof to be specified in the notice to repair or demolish;\nserved upon the owner and such persons having an interest in the\nproperty or structure as is herein prescribed.\n f. For the removal of such building or structure by the town in the\nevent such owner fails or refuses to repair or remove the same within\nthe time provided.\n g. For the assessment of all costs and expense incurred by the town in\nconnection with the proceedings to remove or secure, including the cost\nof actually removing said building or structure, against the land on\nwhich said buildings or structures are located.\n 17. Regulation of vessels, personal watercraft and specialty\nprop-craft. Except when prohibited by the laws of this state or of the\nUnited States; (1) a. Regulating the speed and regulating and\nrestricting the operation of vessels, personal watercraft and specialty\nprop-craft and, in the counties of Westchester, Saratoga, Warren and\nSuffolk the size and horse power of inboard and outboard motors, while\nbeing operated or driven upon any waters within or bounding the town to\na distance of fifteen hundred feet from the shore except that in Nassau\nand Suffolk counties, towns may regulate and restrict the speed and\nregulate and restrict the operation of vessels in all tidal waters upon\nlands within the geographic boundaries of such town and those tidal\nwaters contiguous with the town to a distance of fifteen hundred feet\nfrom shore and not within any other town. With respect to personal\nwatercraft and specialty prop-craft, regulations may include a\nprohibition of their use provided such prohibition does not prevent\naccess to federally maintained and designated channels and,\nnotwithstanding any other provision of law, such prohibition shall not\nbe adopted unless the town complies with the public hearing requirements\nand the requirements for signage as set forth in section forty-six of\nthe navigation law.\n b. Restricting and regulating the anchoring or mooring of vessels in\nany waters within or bounding the town to a distance of fifteen hundred\nfeet from the shore.\n c. Restricting and regulating the anchoring or mooring of vessels in\nsuch waters when used or occupied as living or sleeping quarters and,\nproviding time limits on duration of the stay of such vessels in such\nwaters and requiring inspection and registration of such vessels when so\nused.\n d. Restricting and regulating sewage disposal and garbage removal from\nsaid vessels and use of toilets thereon. The term "sewage" as used in\nthis subdivision shall mean all human body wastes.\n e. Designating public anchorage area or areas and regulating the use\nthereof.\n (2) The provisions of this subdivision shall not apply to waters\nwithin or bounding an incorporated village to a distance of fifteen\nhundred feet from the shore, jurisdiction with respect to which is\nvested in the board of trustees of a village by the provisions of\nsubdivision one of section forty-six-a of the navigation law.\n 18. Shellfish. a. Regulating the taking and the manner of taking\nclams, oysters, scallops and other shellfish from the lands of or from\nwaters over the lands of\n (1) a town vested with the title to, or holding a lease on, lands\nunder tidewater in any harbor, bay or creek, and vested with the right\nof fishing, or\n (2) the trustees of the freeholders and commonalty of a town in which\nsuch trustees are vested with title to such lands and the right of\nfishing, provided that such trustees shall file with the town clerk an\napplication in writing therefor.\n b. Such ordinance in either case shall not be less restrictive than\nthe environmental conservation law or, where such law authorizes the\ndepartment to establish lesser restrictions, the regulations made\npursuant to such law, and may provide\n (1) that no dredge or scrape shall be used for such purpose except by\na lessee upon lands held by such lessee under lease;\n (2) that no dredge or scrape shall be on board of any boat except that\nof a lessee while upon water covering lands held by such lessee under\nlease and while navigating between the dock, anchorage or moorage used\nby such lessee and such leased land;\n (3) that no dredge or scrape shall be on board of any boat while used\nfor taking shellfish from such lands except by a lessee of lands as in\nthis subdivision provided;\n (4) that each person upon a boat upon which there is a dredge or\nscrape except as in such ordinance permitted by a lessee shall be a\nviolator of such ordinance;\n (5) That no person shall take any shellfish from such lands, except a\nlessee from lands held by such lessee under lease, unless such person\nshall have received from the proper and duly constituted authority a\nwritten license or permit permitting such person to take such shellfish,\nand a license or permit granted to any person shall upon such person's\nconviction of a violation of such ordinance, be terminated and void; and\n (6) that any person making unlawful entries upon such lands may be\nproceeded against by injunction to restrain a continuing trespass as\nwell as for violation of said ordinance.\n c. Such ordinance shall not apply to the use of a dredge or scrape by\nthe owner, the town or such trustees, for the purpose of removing\ndiseased or blighted shellfish from such lands or to any operation by a\ntown or such trustees incident to transplanting shellfish within such\ntown.\n 19. Trespass. Prohibiting trespass to public and private property, for\nthe purpose of protection and preservation of the property of the town\nand of its inhabitants and of peace and good order.\n 20. Hotels, inns, boarding houses, etc. Regulating hotels, inns,\nboarding houses, rooming houses, lodging houses, associations, clubs or\nany building or part of a building used in the business of renting\nrooms, individual or several, and also private sanatoriums, convalescent\nhomes, homes for aged or indigent persons, day nurseries, hospitals,\nrest homes or any building or part of a building used for similar\npurposes, containing a total number of beds, cots or similar equipment\nproviding sleeping accommodations for more than five persons; specifying\nthe type of construction, the manner of their running and operation and\nprescribing regulations assuring proper sanitation, cleanliness and fire\nprotection.\n 21. House trailer camps, tourist camps and house trailers. Regulating\nhouse trailer camps, tourist camps or similar establishments; requiring\napproval of suitable plans for house trailer camps and tourist camps and\nprescribing regulations therefor including provision for sewer\nconnection, water supply, toilets, bathing facilities, garbage removal,\nregistration of occupants, inspection of camps. The town board may\neither adopt the provisions of the sanitary code established by the\npublic health and health planning council or may formulate other rules\nand regulations relating to house trailer camps, tourist camps or\nsimilar establishments not inconsistent with the provisions of such\nstate sanitary code. Regulating the parking, storage or otherwise\nlocating of house trailers when used or occupied as living or sleeping\nquarters in any part of the town outside an established house trailer\ncamp, tourist camp or similar establishment; providing time limits on\nduration of the stay of such house trailers and requiring registration\nof such house trailers when so used.\n 22. Air-ports and flying fields. Regulating air-ports and flying\nfields, and property or spaces adjacent thereto occupied or used in\nconnection therewith or in the operation thereof for the purpose of the\nparking or accommodation of automobiles or other vehicles; locating and\nregulating the flow of vehicular traffic in, to and from such used or\noccupied spaces; requiring that such used or occupied spaces be kept\nfree of stagnant pools of water and other disagreeable odor producing\ncauses; requiring proper and adequate sanitary facilities, including\ntoilets, water supply, and garbage or waste containers at suitable\nlocations thereon and providing for the proper removal of the contents\nthereof, and that such spaces be otherwise kept in a clean and sanitary\ncondition; requiring that any such used portions thereof be kept and\nmaintained free from dust by the use of oil or other preventative, or by\nother means; requiring that the owner thereof adequately police such\nproperties to prevent the commission of crime and/or injury to person or\nproperty while thereon.\n 23. Sand pits, quarries, top soil and other excavations. Regulating\nthe manner of construction on, removal of material from, filling up,\ndraining, cleaning, operating and using any lands or other premises for\nsand or gravel pits, stone quarries, stripping of top soil, or for other\nexcavation purposes and prohibiting the use of any lands or other\npremises for the aforesaid purposes which do not comply with such\nregulations.\n 23-a. The town board of the town of Southold in the county of Suffolk,\nis authorized to regulate by ordinance consistent with the provisions of\nthe public health law and any other general law the raising and keeping\nof ducks within such town.\n 24. Riding stables and riding academies. Regulating, controlling, or\nprohibiting riding stables, riding academies, or similar establishments;\nrequiring approval of plans for the construction and location of\nstables; prescribing regulations for the care of horses; regulating\nbridle paths and bridle trails; prohibiting or regulating night riding\nof horses; and otherwise providing for the care and safety of horses and\nriders.\n 25. Building lines. Establishing building lines in a public highway or\nhighways and requiring all buildings hereafter erected to be within such\nlines.\n 26. Air guns. Regulating or prohibiting the possession, sale and use\nof air guns, spring guns or other instruments or weapons in which the\npropelling force consists of springs or air.\n 27. Firearms. In the towns of Huntington, Babylon, Smithtown, Islip,\nBrookhaven, Riverhead and Southampton, in the county of Suffolk, in the\ntown of Niskayuna in the county of Schenectady, in the town of Ramapo in\nthe county of Rockland, in the towns of Irondequoit, Greece, Pittsford,\nBrighton, Penfield, Perinton, Webster and Gates in the county of Monroe,\nin the town of Colonie in the county of Albany, and in the towns of\nVestal and Union in the county of Broome prohibiting the discharge of\nfirearms in areas in which such activity may be hazardous to the general\npublic or nearby residents, and providing for the posting of such areas\nwith signs giving notice of such regulations, which ordinances, rules\nand regulations may be more, but not less, restrictive than any other\nprovision of law. Thirty days prior to the adoption of any ordinance\nchanging the five hundred foot rule, a notice must be sent to the\nregional supervisor of fish and game of the environmental conservation\ndepartment, notifying him of such intention.\n 28. Billiard rooms. In towns, subject to a permissive referendum,\nsetting the minimum age of minors to be allowed upon the premises\nprovided, however, that an ordinance shall only allow such minor upon\nthe premises when accompanied by adult supervision as part of an\norganized youth activity. For purposes of this subdivision an organized\nyouth activity shall not include activities sponsored primarily by\npersons under eighteen years of age.\n 29. Loitering. Prohibiting and punishing loitering; provided however,\nthat such ordinance or law shall only prohibit loitering for a specific\nillegal purpose or loitering in a specific place of restricted public\naccess and shall therein set forth guidelines for application of such\nprohibitions by law enforcement officers so as to prevent arbitrary or\ndiscriminatory enforcement of such prohibitions.\n