Cicero Town City Zoning Code
ARTICLE XI
Miscellaneous Regulations
[Added 8-23-2017 by L.L. No. 7-2017]
[1]
Editor's Note: Former Art. XI, Licensing of Junkyards, added 6-12-2006 by L.L. No. 13-2006, as amended, was repealed 7-24-2013 by L.L. No. 7-2013. See now Ch. 130, Junkyards, Licensing of.
§ 210-54 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ABANDONED, JUNKED OR INOPERATIVE MOTOR VEHICLE
A.
A vehicle, as defined in § 159 of the New York State Vehicle and Traffic Law,[1] that is:
(1)
Unlicensed, wrecked, stored, discarded, dismantled, or partly dismantled or which is not in a condition suitable for legal use upon a public highway; or
(2)
Being held or used for the purposes of resale of used parts therefrom, for the purpose of reclaiming some or all of the materials therein, or for the purpose of disposing of the same.
B.
A vehicle shall be presumed to be abandoned, junked, or inoperative if:
(1)
It is a vehicle not required to be licensed or registered, or not usually used on public highways, and it is in a condition wherein it cannot be moved or removed under its own power; or
(2)
It is a vehicle that may be licensed or registered but does not display a current license or registration.
[1]
Editor's Note: The definition of "vehicle" in § 159 of the New York Vehicle and Traffic Law reads as follows: "Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (L. 1959, c. 775)"
§ 210-55 Storage of abandoned, junked or inoperative motor vehicles; penalties for offenses.
A.
It is prohibited to store, deposit, or cause, suffer, or permit to be stored or deposited an abandoned, junked or inoperative motor vehicle on a parcel which has a zoning classification of residential.
B.
Notwithstanding the provisions of Subsection A, this subsection shall not apply to:
(1)
Vehicles stored within a garage or other enclosed structure; or
(2)
An unlicensed, but not disabled or inoperable motor vehicle stored or deposited on a residential parcel for not more than 30 days in total.
C.
A person who violates the provisions of this section shall be guilty of a violation and shall be punished as follows:
(1)
For a conviction of a first offense, a fine of not less than $100 and not more than $250.
(2)
For a conviction of a second or subsequent offense, a fine of not less than $500 and not more than $1,000.
D.
In addition to the sanctions specified in Subsection C, if a person convicted of an offense under this section does not remove the offending vehicle or alter it such that it is no longer abandoned, junked, or inoperative within seven days of such conviction, a Code Enforcement Officer may cause the vehicle to be removed without further notice pursuant to the procedures specified in § 210-55.1. Such removal shall be at the owner's sole expense.
§ 210-55.1 Removal of abandoned, junked, or inoperative motor vehicles.
A.
A Code Enforcement Officer may cause the removal of an abandoned, junked, or inoperative motor vehicle without notice:
(1)
Pursuant to § 210-55D;
(2)
If with due diligence the owner thereof, or the owner, occupant, or tenant of the location where the vehicle is stored cannot be located for service of notice pursuant to § 210-55.2; or
(3)
If the vehicle presents an imminent danger to public health or safety.
B.
The Town Board shall designate a private contractor to effectuate vehicle removals pursuant to this section.
C.
The owner of an abandoned, junked, or inoperative motor vehicle removed pursuant to this section shall be fully responsible to pay all costs associated with said removal. To the extent that the Town incurs any costs associated with removal, the same may be collected in a civil action in the name of the Town or in the same manner as general Town taxes. In such a case, the amounted collected shall include any legal fees incurred by the Town.
§ 210-55.2 Service of notice.
Service of any notice of a violation of § 210-55 shall be made by personal service or by regular mail upon the owner of the abandoned, junked, or inoperative motor vehicle or the owner's executors, legal representatives, or agents, and/or the owner, occupant, or tenant of the location where the vehicle is stored, or their executors, legal representatives, or agents.
§ 210-56 Smoke shops and tobacco retailers.
[Added 10-25-2023 by L.L. No. 12-2023]
A.
Purpose. In accordance with New York State Public Health Law § 1399-ii, the Town of Cicero intends to limit the further concentration of smoke shops and tobacco retailers within the Town. The regulations herein are intended to further the goals of New York State's tobacco use prevention and control program, due to the known adverse impacts of tobacco use. In furtherance of the state's goals, the Town finds that:
(1)
Smoke shop and tobacco retailer density is associated with higher rates of tobacco use in both youth and adult populations; and
(2)
Adolescent brains are vulnerable to the effects of nicotine and to nicotine dependency; and
(3)
Tobacco use leads to preventable death and disease in New York State; thus
(4)
The restriction of increasing smoke shop and tobacco retailer density will reduce the availability of nicotine products to residents, and in particular young residents, thus reducing risk to the public's health, safety, and well-being.
B.
Consistency with New York State Laws, Rules, and Regulations.
(1)
All smoke shops and tobacco retailers within the Town of Cicero shall comply with the applicable New York State laws, rules, and regulations in addition to those contained herein.
(2)
Where the regulations of this section may be in conflict with a state law, rule, or regulation, the more restrictive shall apply, unless such local regulation is otherwise preempted by state law.
C.
Definitions. As used in this section, the following terms shall have the meanings indicated:
SMOKE SHOP AND/OR TOBACCO RETAILER
A sole proprietorship, corporation, limited liability company, partnership or other enterprise in which the primary activity is the sale, manufacture or promotion of tobacco, tobacco products and accessories, either at wholesale or retail, and in which the sale, manufacture or promotion of other products is merely incidental.
D.
Permit required.
(1)
All smoke shops and tobacco retailers within the Town of Cicero after the effective date of this section must obtain a special use permit and site plan approval in accordance with Article VII (Site Plan Approval) and Article XIV (Special Use Permits) of this chapter.
(2)
A special use permit for a smoke shop or tobacco retailer shall be valid for a period of 24 months from the date of issue and must be renewed prior to expiration for the property to continue to be used for such purposes.
(3)
The renewal of a permit for existing smoke shops or tobacco retailers with no changed conditions shall be reviewed and approved by the Code Enforcement Officer.
(4)
The renewal of a permit for existing smoke shops or tobacco retailers with changed conditions shall be reviewed and approved by the Town Board.
(5)
A special use permit issued for a smoke shop or tobacco retailer is not transferable to a new owner. The new owner of the smoke shop or tobacco retailer must file a new application in accordance with the terms of this section and Article XIV if such property is to continue to be used as a smoke shop or tobacco retail operation.
(6)
After three verified complaints and/or violations of this Zoning Law or any violation of relevant federal or state laws, a special permit shall be revoked. Appeals may be made to the Zoning Board of Appeals.
E.
General regulations.
(1)
It is unlawful for a smoke shop and tobacco retailer to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any smoke shop and tobacco store.
(2)
Smoke shops and tobacco retailers shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. Said signage shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco retail operation. It shall be unlawful for smoke shops and tobacco retailers to fail to display and maintain, or fail to cause to be displayed or maintained, said signage.
(3)
Exterior attention-getting devices, including, but not limited to, LED signs, flashing lights, rope lighting, flags, and banners, shall be prohibited. Attention-getting devices located within the building shall not be readily visible from the public right-of-way.
(4)
All smoke shops and tobacco retailers must comply with the sign regulations contained within § 210-18 of this chapter.
(5)
Business hours shall be permitted to occur between the hours of 8:00 a.m. and 8:00 p.m.
F.
Location.
(1)
Smoke shops and tobacco retailers may be eligible for a special use permit in, and only in, any zoning district of Chapter 210 of the Code of the Town of Cicero that allows for retail establishments or retail sales and service uses, provided that:
(a)
Any part of the property line of the smoke shop or tobacco retailer is not located within 1,500 feet from the nearest point of the property line of one or more existing licensed smoke shop or tobacco retailer; and
(b)
Any part of the property line of the smoke shop or tobacco retailer is not located within 1,500 feet from the nearest point of the property line of a school, playground, child-care facility, public library, place of worship, or municipal park.
G.
Existing smoke shops and tobacco retailers.
(1)
Smoke shops and tobacco retailers that are legally existing on the effective date of this section may continue to operate as legal nonconforming uses and shall not be required to obtain a special use permit.
(2)
Any change or expansion of the legal nonconforming use or change in ownership shall require the owner or agent to obtain a special use permit.
(3)
Any nonconforming sign or attention-getting device, the appraised value of which is less than $200, shall be removed or altered to comply with the provisions of this section not later than 90 days subsequent to the effective date of this section.
H.
Penalties for offenses. Any violation of the provisions of this section shall be subject to penalties as established in § 210-35.