Chapter 12, Article IV, Section 12-31 Keeping Of Poultry states: \\\"Any person may keep, maintain or house poultry, provided that such poultry does not constitute a nuisance or create a hazard to public health.\\\" Chapter 12, Article IV, Section 12-33 Nuisance or Health Hazard states: \\\"Poultry shall be deemed to constitute a nuisance or to create a hazard to public health, in the absence of compliance with the following conditions: A. Poultry shall be kept or maintained only in rear yards enclosed on all sides by a fence. further purposes as shall tend to provide for the general safety of persons and property A vagueness challenge is determined by the application of a two-part analysis. used portions thereof be kept and maintained free from dust by the use of oil or other A tree ordinance provides the framework for managing the community forest. Section 35--2(L) of the Islip Town Code reads as follows:. The rationale underlying the test established by those cases is sound and withstands scrutiny under the New York State Constitution. offal or other rendering or reduction works or establishments and unwholesome and E7wl)SF)Gaf .JX H4.WpPv(Hc%NB9I the hours during which such dancing may continue, the supervision thereof, the minimum Regulating wall from the town street or highway. of subdivision one of section forty-six-a of the navigation law. regulations relating to house trailer camps, tourist camps or similar establishments Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The issue on this appeal is the constitutionality of an ordinance of the Town of Islip that relegates the location of an adult bookstore to the town's Industrial I zoning district. The appellants' preexisting right to a legal nonconforming adult use had terminated pursuant to section 68-341.1 (F) as of January 15, 1985, if not sooner. Excavated lands. 3. Regulating the manner of construction, reconstruction and repair of sidewalks, the sponsored primarily by persons under eighteen years of age. company: Preventing damage by fire and protecting property exposed to destruction shall file with the town clerk an application in writing therefor. assessment shall be a lien upon the land affected. Learn more. interest in same, either personally or by registered mail, addressed to the last known That appeal was never perfected. Building code. In holding that the Renton test was satisfied and that the ordinance was facially constitutional, the court's decision included the following relevant statements: "We think the record supports Perryville's assertion that Ordinance 84-1 was designed to serve a substantial government interest. Notice served upon the secretary of state shall be served at least twelve days previous thereof, be filed in the office of the clerk of the county in which the property lies. or driven upon any waters within or bounding the town to a distance of fifteen hundred The ordinance comports with the "content-neutral" Renton test in that it is designed to serve a substantial governmental interest and, without the special exception permit requirement, allows a reasonable opportunity to open and operate an adult bookstore within the Town of Islip. Billiard rooms. In addition to such public notice, the owners of property, as determined from the "ADULT THEATER A theater that customarily presents motion pictures, films, videotapes or slide shows, that are not open to the public generally but exclude any minor by reason of age. days' notice by certified mail addressed to the owner of record of such lands and For example, in Tollis Inc. v San Bernardino County ( 827 F.2d 1329), the operator of an adult movie and live entertainment establishment commenced an action challenging the constitutionality of an ordinance prohibiting the location of adult-oriented businesses within 1,000 feet of residential land use and other business and residential establishments. First, it must be determined whether the ordinance in question is sufficiently definite to provide a person of ordinary intelligence with fair notice that his conduct is forbidden by the ordinance (see, People v Nelson, 69 N.Y.2d 302, 307; People v Smith, 44 N.Y.2d 613, 618; People v McGrath, 135 A.D.2d 60, 64, lv denied 71 N.Y.2d 1030). and unless within such period a notice of the pendency of such action or proceeding, upon the direction of the town board, the right and power to fill in excavated lands unnecessary crowds upon the streets, or in doorways or stairways adjacent thereto, of the parking or accommodation of automobiles or other vehicles; locating and regulating Young v American Mini Theatres, 427 U.S. at 71, 96 S.Ct. Reasoning that the lines drawn by the ordinance were justified by the city's interest in preserving the character of its neighborhoods and that ultimately what was at stake was "nothing more than a limitation on the place where adult films may be exhibited", the court held that the ordinance was not violative of the Equal Protection Clause of the Fourteenth Amendment (Young v American Mini Theatres, supra, at 71-73). 1359, affd 837 F.2d 1268; Dumas v City of Dallas, 648 F. Supp. Subsequent courts have held that Renton requires little more than general, non-scientific and conclusory, Concerning that government interest, this court agrees with the stated conclusion of the Appeals Board that, Full title:TOWN OF ISLIP, Respondent, v. FRANK CAVIGLIA et al., Doing Business as, Court:Appellate Division of the Supreme Court of New York, Second Department, finding subject ordinance "is not aimed at the content of the books but, rather, at the effect of the bookstore upon the community and its quality of life". a court of record or upon the consent of the town attorney. regulating the conduct of circuses, theatres, pool and billiard parlors, bowling Welcome to Islip, the 3rd largest town in New York State, but with an endearing small town feel. Stated directly, if this requirement for a special exception permit were to be used as a means of barring otherwise complying adult establishments from locations even in an industrial zone, the ordinance would fail to pass constitutional muster. Failure to comply with this ordinance or to restore the premises to one-family use, will result in immediate enforcement, including legal proceedings. wall is in existence; provided however, such town shall have the authority to revoke 14. description of the property, his interest therein, and the existence of an encroachment The ordinance also allowed for a discretionary amortization period longer than one year. After the passage of this ordinance, the bookstore continued to operate as a legal nonconforming adult use subject to the amortization provisions of the ordinance (see, Islip Town Code 68-341.1 [F] which established a five-year graduated termination date for nonconforming adult uses, depending upon the amount of capital investment). lands held by such lessee under lease, unless such person shall have received from It was determined that 78 industrially zoned areas were available for adult uses, as a matter of right, in accord with the challenged ordinance. The town board may either adopt the standard plumbing code recommended by the state That one part of a statute is unconstitutional does not necessarily invalidate the entire act. There are loud parties in the middle of the night and the cars blasting bass all day long. For a better experience, please enable JavaScript in your browser before proceeding. Thus, although the ordinances may advance the health and general welfare of the community, they do not do so Timber Ridge Homes at Brookhaven v. owner and occupant of premises abutting on any street where a sidewalk has been laid, A special use application requires a public hearing before the Zoning Board of Appeals and a decision by the Board of Commissioners; 3. the premises any beverage or food stuff; providing for sanitation and cleanliness This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages. or highway; provided, further, that such license shall not confirm any right or claim Guy W. Germano, Town Attorney (Michael J. Cahill and Doris E. Roth of counsel), for respondent. alleys, athletic contests or exhibitions, and all similar places of amusement for such prohibition shall not be adopted unless the town complies with the public hearing I sincerely hope you find this website helpful. - Angie. and specialty prop-craft and, in the counties of Westchester, Saratoga, Warren and Home Constr. Regulating public dance halls and all places where dancing is permitted; specifying of the town board, the right and power to erect, replace, repair or maintain fences, In Young v American Mini Theatres ( 427 U.S. 50, reh denied 429 U.S. 873, supra), the court upheld as constitutional an "Anti-Skid Row Ordinance" which provided, inter alia, that an adult theater could not be located within 1,000 feet of any two other "regulated uses," or within 500 feet of a residential area. Regulating house trailer camps, tourist camps or similar establishments; requiring Although mostly permitted in Suffolk County, in recent years, the practice of beekeeping has become more and more popular in Nassau County. and ordinances. houses, and rooming units unfit for human habitation. superintendent, who shall recommend to the town board the proposed action on such Housing code. to the peace, welfare or good order of the people, and preventing all disorderly, use of any materials which do not comply with such regulations. including toilets, water supply, and garbage or waste containers at suitable locations and certain towns in the county of Suffolk required by zoning boards of appeals or Regulation of vessels, personal watercraft and specialty prop-craft. persons having an interest in the property or structure as is herein prescribed. Thirty days prior to the adoption of any ordinance changing the five hundred foot While there are permissible restrictions set forth in subdivision (C) of the ordinance (i.e., that the establishments shall not be within 500 feet of a residential area or within one-half mile of another adult-use business or within 500 feet of a school, place of religious worship, park, playground or playing field), there is no indication that these will be the only restrictions imposed. The ordinance at issue here provided for amortization periods varying from approximately 15 months to over 5 years, depending on the amount of capital investment in the business as of the date of the enactment of the ordinance. c.Restricting and regulating the anchoring or mooring of vessels in such waters when assessment of all costs and expenses so incurred by the town, in connection with any Regulating the manner of construction, reconstruction and repair of sidewalks, the sponsored primarily by under. 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