Public Hearing No. 1

TIME: 7:30 PM OR SOON THEREAFTER
PLACE: MEETING ROOM, Municipal Building, 7 Maple Avenue
Call to Order
Roll Call
AGENDA:
1. Proof of Publication: The Rivertowns Enterprise – Oct. 17, 2014
2. To consider the advisability of adopting Proposed Local Law No. 3 of 2014 amending the Code of the Village of Hastings-on-Hudson, Westchester County, New York, Chapter 86, Alarm Systems: Be it enacted by the Board of Trustees of the Village of Hastings-on-Hudson as follows:
Section 1: Chapter 86 (Alarm Systems) of the Code of the Village of Hastings-on-Hudson is hereby amended to read as follows (new language in bold;):
Chapter 86
ALARM SYSTEMS
§~86-1. Purpose.
The purpose of this chapter is to establish standards and controls of various types of intrusion, holdup, fire alarm and other emergency signals from alarm devices that require Police Department and Fire Department responses for investigation, action and safeguarding of property at the location of an event which is reported by a signal transmitted by telephone, leased wire, radio or in any other way relayed to the Police Department or Fire Department
§~86-2. Definitions.
For the purpose of this chapter, the following definitions shall apply:
ALARM SYSTEM OR DEVICE
Any mechanism, equipment or device that is designed to operate, automatically or manually, to transmit an audible or visible signal, message or warning to a third party monitoring business to which the Police Department or Fire Department is expected to respond.
FALSE ALARM
Any signal actuated through an alarm system or device to which the Police Department or Fire Department responds which is not the result of a holdup, robbery or other crime, fire or other emergency.
FIRE DEPARTMENT
The Fire Department of the Village of Hastings-on-Hudson.
POLICE DEPARTMENT
The Police Department of the Village of Hastings-on-Hudson.
VILLAGE
The Village of Hastings-on-Hudson.
86-3. False alarms prohibited.
It shall be a violation of this chapter to intentionally or negligently cause a false alarm to be made, and any person who intentionally or negligently causes such false alarm shall be subject to the penalty provision of this chapter.
86-4. Charges for false alarm.
A.~Any owner or lessee of property having an alarm system or device on his or its premises on the effective date of this chapter shall pay to the Village Clerk, upon notice, a charge for each and every false alarm to which the Police Department or Fire Department responds in each year as follows:
(1)~First and second false alarm each calendar year: no charge, but with warning.
(2)~ Third false alarm, a charge of $125.00
(3) Fourth false alarm, a charge of $250.00; and
(4) All additional false alarms, a charge of $500.00 shall be made
B.Failure to pay any such false alarm charges within 60 days of the issuance of a notice, shall subject such owner, lessee or user to the penalty provision of this chapter.
C. The Police Department shall cause to be kept an up to date and accurate log of all false alarms occurring in the Village, and shall report same on a regular basis to the Village Clerk.
§ 86-5. Appeals.
Any owner or lessee who is charged for a false alarm may contest such charge, by writing to the Village Manager, within 15 days of notice of the charge, and stating the basis for the appeal. The Village Manager shall hold a hearing on the appeal. The Village Manager’s decision of the appeal shall be final.
86-6. Automatic shutoff required; penalty.
A.~ shutoff system. No person shall install or maintain in any building, structure or establishment in the Village of Hastings-on-Hudson an external audible alarm of any type which does not also contain an automatic shutoff system or feature automatically shutting off the source of power to the alarm after it has sounded for a period of no longer than 15 minutes.
B.~Penalties.
(1)~Any person who violates this section shall be deemed a disorderly person and shall be subject to a fine of up to $500.00. Each day on which an alarm remains in nonconformity with this section shall be deemed a separate violation.
(2)~The owner and the occupant or lessee of any building, structure and establishment shall each be responsible for the conformity with this section of any alarm located on or in premises owned or occupied by him.
86-7. Installation and maintenance.
The owner, lessee or user shall be responsible for the maintenance and service of their or its alarm device equipment and shall be responsible for all malfunctions of their or its equipment.
86-8. Penalties for offenses.
Any person, firm or corporation who does not pay any charge or fee established in this chapter or who violates any provision of this chapter shall be subject to a fine of an amount which shall not be in excess of $500.00 for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed; and such violation may constitute disorderly conduct, in which event such person shall be a disorderly person.
Section 2: All ordinances, local laws, and parts thereof inconsistent with this local law are hereby repealed.
Section 3. Severability: If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect.
Section 4: This local law shall take effect immediately upon filing in the office of the New York Secretary of State.

IV. CLOSE OF HEARING

Public Hearing No. 2

TIME: SOON THEREAFTER THEN END OF PUBLIC HEARING #1
PLACE: MEETING ROOM, Municipal Building, 7 Maple Avenue
Call to Order
Roll Call
AGENDA:
1. Proof of Publication: The Rivertowns Enterprise – Oct. 17, 2014
2. To consider the advisability of adopting Proposed Local Law No. 5 of 2014 amending the Code of the Village of Hastings-on-Hudson, Westchester County, New York, Chapter 282 Part 2 Vehicles and Traffic to add provisions for Vehicle Immobilization.
Be it enacted by the Board of Trustees of the Village of Hastings-on-Hudson as follows:
SECTION 1. Section 282-2.B. of the Code of the Village of Hastings-on-Hudson is hereby amended to add the following definitions:
Vehicle Immobilization – To apply and lock a vehicle immobilization device to the exterior of a motor vehicle.
Vehicle Immobilization Device - A vehicle boot or wheel clamp designed to immobilize a parked vehicle and prevent its movement until the device is unlocked and removed.
SECTION 2. New Article XVII is hereby added to Chapter 282 of the Code of the Village of Hastings-on-Hudson to read as follows:
Article XVII Immobilization of Vehicles.
§~282-47 Authorization; responsibility for expense.
A.~The Chief of Police hereby is authorized to provide for the immobilization of any vehicle against which three or more parking summonses have been issued for a violation of this Chapter within eighteen (18) months for which fines equal to or in excess of $500.00 remain unpaid, and/or vehicles that have been deemed parking scofflaws by the State of New York.
B.~Such vehicles may be immobilized where located, secured by the use of an immobilization device or, in the discretion of the Chief of Police, be impounded and towed pursuant to Article XIII of this Chapter.
C.~Such immobilization or impound will be at the sole expense of the owner of the vehicle.
§~282-48 Notice and warning to owner.
When an immobilization device is used, the Police Department or its agents shall attach a notice to the vehicle containing the following information:
A.~The location and identifying characteristics of the vehicle.
B.~The date and time of placement of the immobilization device and signature of installer.
C.~Notice that the vehicle will be towed if it remains in the same location for 72 hours from the immobilization.
D.~Notice that any person tampering with the device or the vehicle will be subject to criminal prosecution and liable for any loss to the Village.
E.~The steps which must be taken by the owner of the vehicle to obtain the release of the vehicle from the Village Justice Court.
F.~Such other information, statements, notices and warnings as the Chief of Police may, from time to time, determine to be appropriate.
§~282-49. Tampering with or attempted removal of immobilization devices.
No person shall attempt to or shall tamper with, deface, remove or destroy an immobilization device or move an immobilized vehicle as herein provided.
§~282-50. Release of vehicle to owner.
A.~Any immobilized vehicle as herein provided shall be released to its owner upon payment of the expenses of immobilization and all outstanding parking fines against the immobilized vehicle. A vehicle release must be obtained from the Village Justice Court during normal business hours. Once the release is obtained from the Village Justice Court it may be presented to the Police Department, during normal business hours, in order to have the Police Department remove the immobilization device or release the vehicle from impound.
B. In rare instances where the owner of the vehicle may be unavailable, an original notarized letter from the registered owner or title holder may be submitted authorizing a particular person to receive custody of the vehicle. Photocopies of letters or faxed or electronic letters will not be accepted. A clearly legible copy of the registered owner’s driver’s license must be submitted with the notarized letter. The authorized person must have no unpaid summonses in their own name or in relation to a vehicle owned by them and must possess a valid driver’s license.
C. The owner of the vehicle is responsible for all towing charges and storage fees associated with towing and impound of the vehicle. Fees associates with towing and storage will be paid directly to the tow company.
D. New parking summonses may be issued to an illegally parked vehicle which is immobilized, and penalties will continue to accrue until payment is made.
E. Expired registrations must be renewed and any suspended registration must be reinstated prior to the release of an immobilized or impounded vehicle.
§~282-51. Penalties for offenses.
A. Any person violating any of the provisions of this article shall, upon conviction, be punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both.
B. The fee to release a Vehicle Immobilization Device shall be $150.00
C. The fee to replace a damaged Vehicle Immobilization Device shall be $600.00.
D. All the above penalties and fees shall be in addition to the payment of all outstanding parking fines and penalties
SECTION 3. All ordinances, local laws, and parts thereof inconsistent with this local law are hereby repealed.
SECTION 4. SEVERABILITY
If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect.
SECTION 5. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.
IV. CLOSE OF HEARING

Items I - III

I. Call to Order
II. Pledge of Allegiance
III. Roll Call

Items IV & V

IV. APPROVAL OF MINUTES – Regular Meeting of October 7, 2014
V. APPROVAL OF WARRANTS

Item VI

PUBLIC COMMENTS

Item VII 1

55:14 Complete Streets Policy

Item VII 2

56:14 Approval of Logo for Reusable Shopping Bags

Item VII 3

57:14 Hastings Farmers’ Market – Approval of Use of Municipal Building Parking Lot

Item VII 4

58:14 New York State Snow And Ice Agreement Amendment

Item VIII

VILLAGE MANAGER’S REPORT

Item IX

BOARD DISCUSSION AND COMMENTS
1. Advanced Notice for Liquor License – Taiim Falafel Shack
2. Increase of Income Threshhold - Senior Citizens Rente Increase Exemption (SCRIE) and Disabled Persons Rent Increase Exemption (DRIE) Programs
3. Update on the Downtown

Items X & XI

X. ANNOUNCEMENTS
1. Thursday, October 23 – Zoning Board of Appeals 8:00 PM Village Hall Meeting Room
2. Tuesday, October 28 – Senior Citizens Advisory Committee 5:00 PM Community Center
3. Monday November 3 – Architectural Review Board 8:00 PM Village Hall Conference Room
4. Tuesday, November 4 – Board of Trustees 7:30 PM Village Hall Meeting Room
PLEASE NOTE: THE DPW WILL BE OPEN AND PICKING UP GARBAGE ON TUESDAY,NOVEMBER 4. NO CHANGE IN SCHEDULE FOR THE WEEK
XI. ADJOURNMENT