PART II
GENERAL LEGISLATION

Chapter 62, ADULT ENTERTAINMENT
[HISTORY: Adopted by the City Council of the City of Mechanicville 4-19-1995 (Ch. 39, Art. III, of the 1968 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning -- See Ch. 200.
§ 62-1. Legislative intent.
In order to promote the health, safety and general welfare of the residents of the City of Mechanicville and to protect the image of the city, this chapter is intended to regulate the location and manner of adult entertainment enterprises within the City of Mechanicville.
§ 62-2. Definitions.
As used in this chapter, the following uses shall constitute adult entertainment enterprises and have the meanings indicated:
ADULT BOOKSTORE -- An adult entertainment enterprise having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes.
ADULT ENTERTAINMENT CABARET -- An adult entertainment enterprise which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar performers.
ADULT ENTERTAINMENT ENTERPRISE -- Any business which is open to the general public but excludes patrons under the age of 18 years.
ADULT THEATER -- An adult entertainment theater that customarily presents motion pictures, films, videotapes or slide shows.
PEEP SHOW -- An adult entertainment theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged.
§ 62-3. License required; fee.
No person shall engage in an adult entertainment enterprise unless he or she shall first have obtained a license to do so from the City Clerk no later than two business days before the first date of business. The fee for an adult entertainment enterprise license shall be as set from time to time by resolution of the City Council (see fee schedule on file in the city offices). Every licensee must carry the license with him or her when conducting his or her adult entertainment enterprise business.
§ 62-4. Application for license.
An application for an adult entertainment enterprise license shall be accompanied by a nonrefundable application fee as set from time to time by resolution of the City Council (see fee schedule on file in the city offices) and shall provide the following information:
A. Name, age and address of applicant's place of residence.
B. The firm or firms he or she represents, together with copies of documents establishing the firm's residence and address, form of organization, officers of the organization, ownership and qualifications to do business in the State of New York. If a corporation, the names and addresses of all officers and directors shall also be provided.
C. A brief description of the nature of the business and the type of entertainment to be provided.
D. The place where the applicant proposes to provide such entertainment and the time during which such entertainment is to be conducted.
E. Prior criminal convictions of the applicant, other than minor traffic violations.
F. Whether or not an adult entertainment enterprise license issued to the applicant under this chapter has ever been revoked.
G. Such other information as may be required by the City Clerk to promote the purposes of this chapter.
§ 62-5. Restrictions.
A. The uses as defined in § 62-2 are to be restricted as to location in the following manner. Any of the above uses shall not be located within a radius of:
(1) One thousand feet of any area zoned for residential use.
(2) One-half mile of another said use.
(3) One thousand feet of any school, church or other place of religious worship, park, playground or playing field.
B. Any enterprise providing adult entertainment cabaret shall provide a stage for the performance of such entertainment, which stage shall be used by all performers at all times during such performance.
C. There shall be no audience participation at any time during the performance of any live adult entertainment at an adult entertainment cabaret.
D. Exposure by individuals. It shall be unlawful for a female at an adult entertainment cabaret to expose that portion of her breast below the top of the areola or to appear before or come in contact with the patrons with the portion of her breast below the top of the areola not covered with a fully opaque covering or for any person, male or female, to show the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered or to appear in any scene, sketch, act or entertainment with breasts (in case of a female) or the lower part of the torso uncovered or so thinly draped as to appear uncovered.
E. Promoting exposure. It shall be unlawful for any person conducting, maintaining or operating an adult entertainment cabaret, bar and/or lounge, dance hall or discotheque enterprise or any other place of public assembly within the City of Mechanicville to suffer or permit any waitress, barmaid, entertainer or other person who comes in contact with or appears before or is likely to come in contact with or appear before patrons with breasts uncovered in such a manner that the portion of the breast below the top of the areola is not covered with a fully opaque covering or the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered or to appear in any scene, sketch, act or entertainment with breasts or the lower part of the torso uncovered or so thinly draped as to appear uncovered.
F. Reference to breasts in this section refers to females only. Reference to the lower part of the torso refers to both male and female.
§ 62-6. Applicability of zoning requirements.
Chapter 200, Zoning, of the Code of the City of Mechanicville shall apply to all activities for which licenses are sought or granted under this chapter. The city reserves the right to revoke any license which violates such chapter.
§ 62-7. Action on application.
A. Upon receipt of the application, the City Clerk must either approve the application and issue a license, reject the application or forward it to the City Council for action. The City Clerk must act upon each license application received within 10 days of receipt.
B. The City Council, upon receipt of the license application from the City Clerk, may either approve the application and direct the City Clerk to issue a license or reject the application. Any application rejected by the City Clerk or forwarded by the City Clerk to the City Council shall be reviewed by the City Council at its next regular monthly meeting or at a special meeting thereof.
C. When the application is forwarded by the City Clerk to the City Council for action, the City Council, at the time of its review of the application, may in its discretion schedule a public hearing to be held upon it. In this event, the City Council shall have an additional 30 days within which to hold the public hearing and to either approve the application and direct the City Clerk to issue a license or reject the application. Notice of the public hearing shall be published at least once not less than 15 days before the date of hearing in a newspaper of general circulation within Saratoga County. The notice shall state the name of the applicant, the name of the proposed business, the type of the proposed business, the general location of the proposed business and the date, time and place of the hearing.
D. In approving or rejecting an application, the City Council and/or the City Clerk shall consider the following criteria but shall in no way be limited thereby:
(1) The character of the neighborhood in which the applicant proposes to carry on the adult entertainment enterprise.
(2) The changes that the business would bring to the neighborhood and whether these changes would be to the benefit or detriment of the public good, welfare, health, safety or morals.
(3) The nuisance, refuse, litter, noise and adverse health conditions that the business might or will create.
(4) The requirements of police protection and traffic control.
(5) The criminal record of the person(s) applying for the license.
E. A license issued pursuant to this chapter shall expire on December 31 in the year in which it is issued.
§ 62-8. Revocation of license.
The City Council, upon complaint of violation of this chapter or other ordinance or any law by the licensee and a hearing upon five days' prior notice to the licensee, may revoke any license for good cause, including without limitation:
A. Fraud, misrepresentation or false statement contained in the application for the license.
B. Fraud, misrepresentation or false statement made in the course of carrying on the adult entertainment enterprise.
C. Conviction of any crime, misdemeanor or violation of any local law.
D. Conducting the adult entertainment enterprise in any unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to the health, safety or general welfare of the public.
§ 62-9. Penalties for offenses.89EN
Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a term of imprisonment of up to one year and/or fined not less than $200 nor more than $1,000 for each offense. Every day or part of a day that a violation of this chapter shall continue shall constitute a separate and distinct offense. Notwithstanding any other provision of this chapter, the license shall be automatically revoked upon conviction of a violation of any provision of this chapter.

Chapter 64, ADVERTISING
[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 3 of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Noise -- See Ch. 136.
Peddling and soliciting -- See Ch. 148.
§ 64-1. Use of poles and trees prohibited.
It shall be unlawful for any person, organization, agency, group or association to place, install or affix upon any telephone pole, light pole or tree within the limits of the City of Mechanicville any posters, placards or advertisements of any nature whatsoever at any time, except those posters required pursuant to the Election Law.
§ 64-2. Penalties for offenses.90EN
Any person, organization, agency, group or association convicted of violating this chapter shall be deemed guilty of an offense and shall be subject to a fine not to exceed $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment.

Chapter 67, ALCOHOLIC BEVERAGES
[HISTORY: Adopted by the City Council of the City of Mechanicville 2-25-1970 (Ch. 5 of the 1968 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
§ 67-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
INTENT TO CONSUME -- Drinking from the container, with alcohol on the breath of the possessor and/or any circumstances evidencing an intent to ultimately consume on any public lands.
OPEN CONTAINER -- A container with the contents exposed to the atmosphere or the seal thereof broken.
§ 67-2. Possession and consumption on public lands.
No person shall have in his possession any open container containing liquor, beer, wine or other alcoholic beverages with the intent of the possessor or another to consume said beverage, or shall actually consume liquor, beer, wine or other alcoholic beverages, while such person is on any public highway, public street, public sidewalk or public parking area or in any vehicle or public place, except those premises duly licensed for sale and consumption of alcoholic beverages on the premises.
§ 67-3. Exceptions.
A. The prohibitions of § 67-2 shall not apply in the event of a fair, picnic or other community gathering for which special written permission has been granted by the city.
B. The prohibitions of § 67-2 shall not apply to the transportation of an unsealed but not open container across public lands of the city from one point to another, with no intent to consume the contents of such open container while upon public lands.
§ 67-4. Penalties for offenses.
A violation of this chapter shall constitute an offense punishable by a fine not exceeding $250 or by imprisonment in the Saratoga County Jail for not exceeding 15 days, or by both such fine and imprisonment.

Chapter 70, ANIMALS
[HISTORY: Adopted by the City Council of the City of Mechanicville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise -- See Ch. 136.
Parks and playgrounds -- See Ch. 144.
ARTICLE I, Dogs [Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 70-1. Purpose.
The purpose of this article is to preserve the public peace and good order in the City of Mechanicville and to contribute to the public welfare and the preservation and protection of the property and the person of the inhabitants of said city by deciding and enforcing certain regulations and restrictions on the activities of dogs within the city.
§ 70-2. Definitions.
As used in this article, unless the context otherwise indicates, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER -- A person authorized by the City Council to enforce the provisions of this article. The Animal Control Officer shall have all the powers of a constable or peace officer in the execution of the provisions of this article, including the service of a summons and the service of an appearance ticket pursuant to § 124 of the Agriculture and Markets Law of the State of New York, and shall be under the supervision of the Department of Public Safety.
AT LARGE -- Elsewhere than on the premises of the owner or on the premises of another person without the knowledge, consent and approval of said other person.
DANGEROUS DOG -- Any dog which chases, jumps at or onto, snaps at or bites or has bitten any person or which chases vehicles of any kind in the streets or public places or which is an unconfined, unspayed female dog in time of heat or which runs with a pack of dogs.
DOG -- Both male and female dogs, both licensed and unlicensed.
OWNER -- Any person, firm, association or corporation owning, harboring, keeping or having the custody or control of any dog.
§ 70-3. Running at large; noise; disposal of feces.
A. Leash required. No person owning, harboring or having the care, custody or charge of any dog, whether male or female, whether licensed or not, shall allow or permit such dog at any time to run at large within the City of Mechanicville unless such dog shall be effectively restrained by a chain or leash not exceeding eight feet in length and by a competent person.
B. Noisy dogs. No owner of a dog or of a duly approved kennel within the City of Mechanicville shall suffer or permit any dog or dogs to create any unreasonably loud or disturbing noise of such an intensity and duration as to be detrimental to the life, health or welfare of any individual, and the violation hereof is prohibited and deemed to be a public nuisance, and such dog or dogs shall be so housed and confined in a place so constructed as to prevent such disturbing and unnecessary noise as may result from the habitual or continual barking of such dog or dogs. The provisions of this subsection shall be liberally construed to prevent excessive, unreasonable, disturbing and unnecessary noise, with due consideration being given to the circumstances, time of day and particular location of each violation and the demands of the public health, safety and welfare.
C. Disposal of feces. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any private property without the permission of the owner of said property. The restriction in this subsection shall not apply to that portion of the street lying between the curblines, which shall be used to curb such dog under the following conditions:
(1) The person who allows the dog to defecate shall immediately remove all feces deposited by such dog.
(2) The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed by flushing the same down a sanitary sewer system or by use of a chemical container causing disintegration. In the event that a chemical container is used, ultimate disposal must be made in accordance with Department of Environmental Conservation regulations concerning solid waste disposal.
D. Playgrounds. No dogs shall be allowed in city playgrounds.
§ 70-4. Seizure and impounding.
Any dog running at large within the City of Mechanicville contrary to the provisions of § 70-3A of this article or which is a dangerous dog as defined in § 70-2 or which is a noisy dog as defined in § 70-3B shall be subject to seizure and impounding by the Animal Control Officer, any police officer or by any other person or agency designated by the city or authorized by law to seize and impound such dog, and any such Animal Control Officer, police officer, other person or agency so seizing such dog hereunder shall be empowered to exercise such degree of force as shall be necessary to effect such seizure. Dogs seized shall be remanded to the Saratoga County Animal Shelter.
§ 70-5. Dangerous dogs.
Any dog which shall attack any person or domestic animal within the meaning of Article 7 of the Agriculture and Markets Law of the State of New York shall be dealt with in accordance with Article 7 of said Agriculture and Markets Law.
§ 70-6. Potentially rabid dogs.
The Animal Control Officer or any peace officer is hereby authorized to seize or direct the confinement of any dog which is reported to have attacked or injured a human being. Any such dog shall be confined by the owner for such length of time as may be necessary for the purpose of determining whether such dog is affected by rabies, and, if so affected, it may be disposed of in accordance with the laws of New York State.
§ 70-7. Complaints; appearance tickets.
A. Any person who observes or has knowledge of a dog violating any provision of this article may file a signed complaint under oath with the Animal Control Officer, specifying the objectionable conduct of the dog, the date thereof, the description of the dog and the name and address, if known, of the owner or other person harboring said dog.
B. Upon receipt by the Animal Control Officer of any such complaint or in the event that any dog is found by the Animal Control Officer to be in violation of any provision of this article, the Animal Control Officer shall, if possible, seize and take into custody said dog and, in any event, issue or deliver to the owner of said dog an appearance ticket pursuant to § 114, Subdivision 4, of the Agriculture and Markets Law of the State of New York, detailing the violations and instructing the owner to appear before the City Court of the City of Mechanicville or to answer such appearance ticket by registered or certified mail, return receipt requested, within five days of the date of such violation. If said appearance ticket is disregarded by such person, the Animal Control Officer or complainant may file an information with said Court, which Court shall then issue a warrant for the arrest of such person.
§ 70-8. Interference with city personnel.
No person shall hinder, resist or oppose the Animal Control Officer or any police officer, agent or employee or representative of the city in the performance of his or her duties under this article.
§ 70-9. Penalties for offenses.
Unless otherwise provided by Article 7 of the Agriculture and Markets Law, any person who violates or fails or refuses to comply with this article shall be liable to pay a fine not exceeding $250 or to be sentenced to imprisonment for a term of not more than 15 days, or both, upon conviction before any City Court Judge.
§ 70-10. Enforcement.
The provisions of this article shall be enforced by the Animal Control Officer.

Chapter 77, BINGO
[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 9 of the 1968 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Games of chance -- See Ch. 115.
§ 77-1. Conduct authorized.91EN
It shall be lawful for any authorized organization, as defined in § 476 of the General Municipal Law, upon obtaining the required license, to conduct the game of bingo within the territorial limits of the City of Mechanicville, subject to the provisions of this chapter, Article 14-H of the General Municipal Law and Article 19-B of the Executive Law.
§ 77-2. Sunday games.
Any game of bingo conducted within the city pursuant to a license issued in accordance with this chapter and the applicable statutes may be operated by authorized organizations on the first day of the week, commonly known as "Sunday."

Chapter 80, BUILDING CONSTRUCTION AND FIRE PREVENTION
[HISTORY: Adopted by the City Council of the City of Mechanicville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Buildings -- See Ch. 9.
Fire Department -- See Ch. 21.
Unsafe buildings -- See Ch. 83.
Outdoor burning -- See Ch. 86.
Electrical inspections -- See Ch. 99.
Fair housing -- See Ch. 105.
Flood damage prevention -- See Ch. 111.
Littering -- See Ch. 129.
Sewers -- See Ch. 158.
Telecommunications facilities -- See Ch. 175.
Zoning -- See Ch. 200.
ARTICLE I, Adoption of State Code
[A resolution accepting the applicability of the State Building Construction Code was adopted by the City Council of the City of Mechanicville on July 11, 1962. The State Building Construction Code (now the Uniform Fire Prevention and Building Code) adopted for the City of Mechanicville is available in the office of the Commissioner of Accounts.]
ARTICLE II, Building Permits [Adopted 8-21-1990 (Ch. 12, Art. II, of the 1968 Code)]
§ 80-1. Applicability of standards.92EN
The City of Mechanicville possesses building codes within the city applying to all six districts for all construction to any building, whether business, private organization or private home.
§ 80-2. Issuance; when required.93EN
Building permits are issued through the Building Department in City Hall, with the following applying to all construction or demolition. Building permits must be obtained for:
A. All types of construction, alterations and additions where the use is being changed, but not for painting.
B. All swimming pools, whether in the ground or above the ground.
C. All fencing, sidewalks, garages and sheds.
D. Any demolition of any building within the city.
§ 80-3. Action on denial.94EN
All construction which has been denied by the Building Department must be directed to the Zoning Board of Appeals for a variance or special use permit. If a variance or special use permit is not required and site plan approval is necessary, the matter shall be referred to the Planning Board.
§ 80-4. Compliance required.
All applicants or property owners must comply with all building codes and conditions within the city according to the Building Department enforcement officers.
§ 80-5. Enforcement.
Authorization is given to the Building Department enforcement officers to cite all violations.
§ 80-6. Penalties for offenses.95EN
Any person, firm or corporation convicted of violating this article shall be deemed guilty of an offense and shall be subject to a fine not to exceed $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment.
ARTICLE III, Property Maintenance [Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 80-7. Cutting of brush, grass and weeds; drainage.
A. Each owner or occupant of any parcel of land in the city which shall be located within 500 feet from any dwelling house or which shall abut on any public thoroughfare of the city shall cause to be cut and removed all rank growth of weeds, bushes, etc., except shade trees and cultivated shrubs and plants, at least once each month during the spring, summer and autumn months.
B. Each owner or occupant of any premises in the city shall cut or cause to be cut all rank growth of grass, weeds and bushes, etc., except shade trees and cultivated shrubs and plants, which shall grow between the sidewalk and the curbline for a distance of six feet back from the sidewalk at least twice a month during the spring, summer and autumn months.
C. Each owner or occupant of any premises within the city shall drain any stagnant pools of water located on said premises and shall fill in any depression in which water accumulates and which is not properly drained.
D. The area along public rights-of-way adjacent to or on the property, including but not limited to the area between the front property line or sidewalk and the curb or street pavement, is to be maintained in a reasonably clean and sanitary condition, free of garbage and/or solid waste, with any grass, weeds and brush in said area cut or trimmed. The planting of annuals and perennials in these areas shall not be permitted without the approval of the Commissioner of Public Works. Premises situated at street intersections or on curved streets shall be kept in such a condition as to provide a clear and unobstructed view of the intersection.
§ 80-8. Notice of violation.
The Code Enforcement Officer/Building Inspector or the County Health Department is hereby authorized and empowered to notify any owner or occupant of any premises within the city which shall be in any unsightly and unsanitary condition and which shall not conform to the provisions of this article, which notice shall direct the owner or occupant to remedy the conditions and abide by the terms of this article, and, in the event that the conditions shall not be remedied within 24 hours thereafter, the person so disregarding such notice shall be deemed guilty of an offense and, upon conviction thereof, shall be subject to a penalty as set forth in § 80-12.
§ 80-9. Costs to become lien.
If city employees and/or personnel are forced to take remedial action under this article because of the property owner's failure to do so, the cost incurred by the city thereby shall become a lien against the property and be added to and appear on the next city tax bill for said property.
§ 80-10. Building demolition.
A. No existing building or any part thereof shall be demolished until a permit therefor has been obtained from the Code Enforcement Officer/Building Inspector.
B. Where application is made for a permit for the demolition of a building or part thereof which building or part thereof abuts upon a public street, the permit shall not be issued unless the applicant furnishes the Code Enforcement Officer/Building Inspector with certain evidence that the applicant has obtained a policy of liability insurance issued by an insurance company authorized to do business in the state covering the work to be performed under the permit and insuring against personal injury and property damage occasioned by the acts or omissions of the person to whom such permit is issued or his agents or employees in limits of not less than $100,000 to cover the injury to or death of any one person and not less than $300,000 to cover the injury to or death of more than one person in any one occurrence, together with property damage coverage of not less than $25,000, which said insurance coverage shall be maintained in full force and effect until the work covered by the permit has been fully completed to the satisfaction of the Code Enforcement Officer/Building Inspector.
C. A permit issued pursuant to this section may be revoked without notice if, in the opinion of the Code Enforcement Officer/Building Inspector, the demolition of the building is being conducted in a dangerous or unsafe manner.
§ 80-11. Stockade-type fencing.
Construction/erection of stockade-type fencing requires that the finished wood side of the fence face out or away from the property, where applicable and appropriate, and the fence side with posts and cross-support members face in or towards the property.
§ 80-12. Penalties for offenses.
Any person, firm or corporation convicted of violating this article shall be deemed guilty of an offense and shall be subject to a fine not to exceed $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment.
ARTICLE IV, Fire Inspector [Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 80-13. Position created.
A. The position of Fire Inspector is hereby created and is hereby charged with the administration and enforcement of the State Uniform Fire Prevention and Building Code within the City of Mechanicville.
B. The Fire Inspector shall be appointed by the Mayor with the approval of the majority vote of the City Council.
§ 80-14. Rules and regulations.
A. The Fire Inspector may adopt rules and regulations for the administration and enforcement of the State Uniform Fire Prevention and Building Code. Such rules and regulations shall not conflict with the Uniform Code, this article or any other provision of law.
B. The Fire Inspector shall publish all rules and regulations at least 10 days prior to the effective date thereof in a newspaper of general circulation within the City of Mechanicville.
§ 80-15. Powers and duties.
It shall be the duty of the Fire Inspector to enforce all laws relating to the prevention of fires, the installation and maintenance of automatic and other private fire alarm systems and fire-extinguishing equipment and the means and adequacy of exits in case of fire from factories, schools, hotels, lodging houses, hospitals, churches, halls, theaters and all other places in which numbers of persons work, live or congregate from time to time for any purpose.
§ 80-16. Right of entry.
The Fire Inspector or the Code Enforcement Officer/Building Inspector at all reasonable hours may enter any buildings or premises for the purpose of making any inspection or investigation necessary under the provisions of this article or under the Multiple Residence Law of the State of New York or under any applicable law, ordinance or regulation.
§ 80-17. Considerations.
In exercising the discretion entrusted to them by this article, the Fire Inspector and Code Enforcement Officer/Building Inspector shall give due regard, among other things, to the following:
A. The nature or construction of the building or occupancy.
B. The nature and extent of the uses, accessory uses or operations conducted therein.
C. The character of the neighborhood and adjoining occupancies.
D. The number of employees, occupants, transients or others frequenting the premises.
E. The character and amount of materials, goods and equipment kept, stored or maintained therein.
F. Any unusual or extraordinary features of the building or the operations conducted therein which affect the fire hazard.
§ 80-18. Dangerous conditions and materials.
Dangerous or hazardous conditions or materials shall include the following:
A. Dangerous or unlawful amounts of combustible, explosive or otherwise hazardous materials.
B. Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, explosive or otherwise hazardous materials.
C. Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.
D. Accumulations of dust or waste material in air-conditioning or ventilating systems or of grease in kitchen or other exhaust ducts.
E. Obstructions to or on fire escapes, stairs, passageways, doors or windows, which obstructions are liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.
F. Any building or other structure which, for want of repairs or lack of adequate exit facilities, automatic or other fire alarm apparatus or fire-extinguishing equipment or by reason of age or dilapidated condition or from any other cause, creates a hazardous condition.

Chapter 83, BUILDINGS, UNSAFE
[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 62 of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention -- See Ch. 80.
§ 83-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING -- Any structure having a roof with a sheltered housing or enclosure of persons, animals, chattels or property of any kind.
DANGEROUS OR UNSAFE BUILDING OR STRUCTURE -- A building or structure which is structurally unsound, unsanitary or not provided with adequate ingress or egress or which constitutes a fire hazard or which has become unsafe by reason of damage by fire, the elements, age or general deterioration or which, in relation to an existing use, constitutes a hazard to public health, safety or welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment or which is otherwise dangerous to human life.96EN
PERSON -- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
STRUCTURE -- Anything constructed or erected the use of which requires location on the ground or attachment to something having location on the ground.
§ 83-2. Order to repair or remove; notice.
A. Whenever in the opinion of the Code Enforcement Officer/Building Inspector and/or the Fire Chief any building or structure or a part thereof in the City of Mechanicville is, for want of repair or by reason of age or dilapidated condition or for any other cause, either structurally unsafe or especially liable to fire and thereby endangers life or property, he shall have authority to order any owner, agent or person in possession, charge or control of such building or structure or part thereof to put the same in a safe condition or take down the same or any part thereof within such reasonable time as may be determined by the order.
B. Notice that such order has been served upon the owner shall be given by the Code Enforcement Officer/Building Inspector and/or the Fire Chief to all tenants occupying the building. Whenever the Code Enforcement Officer/Building Inspector and/or the Fire Chief shall be unable to find the owner of such building, structure or part thereof or any agent or person in possession, charge or control thereof upon whom such notice may be served, he shall address, stamp and mail such notice to such person at his last known address and, in addition thereto, shall place or cause to be placed the notice herein provided for upon such building or structure at or near its principal entrance and shall also post or cause to be posted in a conspicuous place at each entrance to such building or structure in large letters a notice as follows:
NOTICE
THIS BUILDING IS IN A DANGEROUS CONDITION AND
HAS BEEN CONDEMNED BY THE CODE ENFORCEMENT
OFFICER/BUILDING INSPECTOR AND/OR THE FIRE CHIEF
C. Such notice shall remain posted until the required changes have been made. It shall be unlawful for any person to remove, deface or destroy such notice without permission of the Code Enforcement Officer/Building Inspector and/or the Fire Chief.
§ 83-3. Unlawful use of premises.
A. If the owner, agent or person in possession, charge or control of such building or structure or part thereof, when so notified, shall fail, neglect or refuse to place such building, structure or part thereof in a safe condition and to adopt such precautionary measures as shall have been ordered by the Code Enforcement Officer/Building Inspector and/or the Fire Chief within the time specified in such notice, in such case, at the expiration of such time, it shall be unlawful for any person to occupy or to use such building or structure or part thereof until it is placed in a safe condition in compliance with the order of the Code Enforcement Officer/Building Inspector and/or the Fire Chief.
B. In any case when a building or structure or part thereof is in a dangerous or unsafe condition and has not been placed in a safe condition within the time specified and as required in the notice of the Code Enforcement Officer/Building Inspector and/or Fire Chief, such building or structure or part thereof shall be forthwith vacated, and it shall be unlawful for any person to enter the same except for the purpose of making repairs or changes required by the Code Enforcement Officer/Building Inspector and/or the Fire Chief.
§ 83-4. Appeals.97EN
The owner of any building or the agent or person in possession, charge or control who is ordered to put the same in a safe condition or take down the same may, within 24 hours after the service of such order, appeal to the City Council from such order, setting forth his objections thereto, and the Council shall review such order and file its decision thereon, and its determination shall be final.
§ 83-5. Removal or repair by city; collection of costs.
If, at the expiration of the time specified in such notice or order as finally determined by the City Council, such order shall not have been complied with, the Council is hereby authorized to proceed forthwith to make or cause such repairs to be made as are necessary to put such building or structure in a safe condition or to tear down or destroy the same or such part thereof as may be provided in the final order.
A. The expense of making such repairs or taking down such building or structure or part thereof shall be charged to the owner of such building. The cost and expense of such labor performed and materials used in repairing such building or structure or part thereof or demolishing the same, under and by the direction of the Council, shall, when properly certified by the Council, be audited and paid by the city in the same manner as other claims against the city are audited and paid. A bill for the expense incurred thereby shall be presented to the owner personally or by leaving the same at his residence or, if he is a nonresident, by mailing the same to him at his last known place of residence or, if the name of such owner or his place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place on the premises.
B. If such owner shall fail to pay the same within 10 days thereafter, the Council shall file, immediately preceding the time for making the annual assessment roll, a certificate of the actual cost of the work and materials furnished with a statement as to the property upon which the work was performed and for which the materials were furnished, the repairs made and the buildings or other obstructions removed, as the case may be, with the Assessor of the city, who shall, in the preparation of the last assessment roll of general city taxes, assess such amount upon such property, and the same shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessed as the general city tax and as a part thereof.
C. The imposition and collection of any fine or penalty prescribed herein shall not bar the right of the city to collect the cost of the removal or repair of any unsafe building or structure or part thereof as herein prescribed.
§ 83-6. Emergencies.
In cases of great emergency, where the delay of proceeding as hereinbefore provided would result in probable loss of life or property, the Mayor shall have the power to direct the Code Enforcement Officer/Building Inspector and/or the Fire Chief to proceed at once to take such action as is needed to guard the safety of persons and property. In such cases the Code Enforcement Officer/Building Inspector and/or the Fire Chief shall have full power and authority to provide all necessary means therefor, and all expenses therefor shall be paid and collected as provided in § 83-5.
§ 83-7. Penalties for offenses.98EN
Any person upon whom a notice as provided in this chapter has been served who fails, neglects or refuses to place such building or structure or part thereof in a safe condition as designated in such notice or who shall violate any of the provisions of this chapter or orders given pursuant thereto or who shall resist or obstruct the Code Enforcement Officer/Building Inspector and/or the Fire Chief or his employees in carrying out the provisions of this chapter shall, upon conviction therefor, be subject to a fine of not less than $50 nor more than $250 or to imprisonment for not less than 10 days nor more than 15 days, or to both such fine and imprisonment, and each day on which such violation continues shall constitute a separate offense.

Chapter 86, BURNING, OUTDOOR
[HISTORY: Adopted by the City Council of the City of Mechanicville at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention -- See Ch. 80.
Parks and playgrounds -- See Ch. 144, § 144-20.
Solid waste -- See Ch. 161.
§ 86-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
FIRE -- Shall not be construed to mean or include a fire in a furnace, stove, boiler or fireplace, and all fires shall be supervised and controlled by an attendant at all times.
§ 86-2. Fires near structures.
It shall be unlawful to light or maintain any fire anywhere in the city so close to any building or structure or any flammable material, other than that to be burned, as to cause a fire hazard.
§ 86-3. Rubbish.
It shall be unlawful to burn rubbish of any kind, other than papers, paper goods or cardboard, anywhere in the city, except in a stove, furnace or incinerator inside a building.
§ 86-4. Papers, paper goods or cardboard.
It shall be unlawful:
A. To burn papers, paper goods or cardboard anywhere in the city except in a stove, furnace, incinerator or fireplace so constructed and used as to prevent the spread of fire by an arresting screen or similar device which prevents the escape of igniting particles or burning material therefrom.
B. To burn papers, paper goods or cardboard in the city except during daylight hours and unless supervised and controlled by an attendant at all times.
C. Within the fire limits of the city, to light or maintain any fires to burn papers, paper goods and cardboard, except under the following conditions:
(1) The burning shall be done in an incinerator no larger than two feet in depth and five feet in width and not more than five feet in height. It shall be constructed of not less than twelve-gauge steel or masonry with a tile flue. The top of the incinerator shall be equipped with a spark arrestor having openings of not more than 3/4 inch.
(2) No such fire shall be lit within 20 feet of any building or structure or within 15 feet of a fence or property line.
(3) The area in which the incinerator to be used is located shall have a surface of gravel, cinders, cement or similar noncombustible material, and this area shall extend at least five feet from each side of such stove or incinerator.
D. Any person maintaining or using an incinerator not complying with this section shall, upon written notice from the Fire Chief, cease to use the incinerator until said incinerator is altered or repaired to comply with this section.
§ 86-5. Public streets, sidewalks or alleys.
No fire shall be built or allowed to burn upon any of the public streets, sidewalks or alleys in the city.
§ 86-6. Leaves and vegetation.
It shall be unlawful for any person to burn leaves anywhere in the city or to burn off leaves or vegetation from any area in the city.
§ 86-7. Fires in yards and buildings.
No person shall kindle, make or keep a fire in any yard or building in the city unless in a wire, steel, concrete, brick or other fireproof enclosure or receptacle. A fire so kindled, built or maintained as aforesaid on the outside of any building shall be continuously under the care and direction of a competent adult from the time it is kindled until it is extinguished. Any fire kindled or built outside of any building shall be at least 25 feet from any wood structure, and in no event shall such fire be built within 10 feet of any type of structure. The Fire Chief or his representative shall have the authority in all cases to prohibit the use of any fireplace or fire-burning receptacle within or outside of any building as aforesaid which in his opinion shall be deemed hazardous and dangerous. In no event shall this chapter be construed to permit the burning of garbage or any material which would produce noxious odors.
§ 86-8. Penalties for offenses.
Any person convicted of violating this chapter shall be deemed guilty of an offense and shall be subject to a fine not to exceed $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment.

Chapter 91, CURFEW
[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 13 of the 1968 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
§ 91-1. Establishment.
It is hereby made unlawful for any person under 16 years of age to be or remain in or upon any of the streets, alleys or public places or establishments, commercial or otherwise, in the City of Mechanicville at night after the hour of 10:00 p.m., at which hour the Police Department shall cause the alarm to be sounded, unless such person is:
A. Accompanied by a parent, guardian or other person having the legal custody of such minor person.
B. Employed and the employment makes it necessary to be upon said streets, alleys and public places or in such establishments, commercial or otherwise, during the nighttime after said specified hour.
C. Or has been declared an emancipated minor.
D. On an errand for his/her parent or legal guardian.
E. In a motor vehicle involved in interstate travel.
F. Involved in an emergency.
G. On a sidewalk abutting his/her residence or that of a next-door neighbor.
H. Attending a school or religious function.
I. Married or has been married.
J. Exercising his/her First Amendment rights of free speech, religion or right to assembly.
§ 91-2. Parental responsibility; penalties for offenses.
It is hereby made unlawful for any parent, guardian or other person having legal care and custody of any person under 16 years of age to allow or permit any such child, ward or other person under such age, while in such legal custody, to go or be in or upon any of the streets, alleys or public places or establishments, commercial or otherwise, in said city within the time prohibited in § 91-1 of this chapter, unless there exists a reasonable necessity therefor. Any person violating the provisions of this section shall, on conviction, be fined in any sum not less than $10 nor more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
§ 91-3. Enforcement.
Each member of the police force, constable or peace officer, while on duty, is hereby authorized to arrest, without warrant, any person willfully violating the provisions of this chapter and retain such person for a reasonable time in which complaint can be made and a warrant can be issued and served. No child or minor person arrested under the provisions of this chapter shall be placed in confinement until he or she shall have been taken home to ascertain the parents' wishes and the parents shall have refused to be held responsible for the observance of the provisions of this chapter by said minor person.

Chapter 99, ELECTRICAL INSPECTIONS
[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 18 of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention -- See Ch. 80.
§ 99-1. Authority to make inspections; costs.99EN
The Chief Inspector and each of the duly appointed inspectors of the New York Board of Fire Underwriters, or other qualified inspection agency approved by the city, are hereby authorized and deputized as agents of the City of Mechanicville to make inspections and reinspections of all electrical installations heretofore and hereafter described and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspections be a charge against the City of Mechanicville.
§ 99-2. Duties of inspector. [Amended 11-24-1971]
A. It shall be the duty of the inspector to report, in writing, to the Code Enforcement Officer/Building Inspector, whose duty it shall be to enforce all the provisions of this Code, all violations or deviations from or omissions of the current edition of the National Electrical Code, as amended, and all supplements to said code and all local laws, ordinances and the New York State Uniform Fire Prevention and Building Code as referred to in this chapter insofar as any of the same apply to electrical wiring.100EN
B. The inspector shall make inspections and reinspections of electrical installations in and on properties in the City of Mechanicville upon the written request of an authorized official of the City of Mechanicville or as herein provided. The inspector is authorized to make inspections and reinspections of electrical wiring installations, devices, appliances and equipment in or on properties within the City of Mechanicville where he deems it necessary for the protection of life and property. In the event of an emergency, it is the duty of the inspector to make electrical inspections upon the oral request of an official or officer of the City of Mechanicville.
C. It shall be the duty of the inspector to furnish written reports to the proper officials of the City of Mechanicville and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection. He shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this chapter. He shall direct that a copy of the certificate of compliance be sent to the City of Mechanicville to the attention of the Code Enforcement Officer/Building Inspector.
§ 99-3. Inspection and certificate of compliance required.101EN
A. It shall be a violation of this chapter for any person, firm or corporation to install or cause to be installed or to alter electrical wiring for light, heat or power in or on properties of the City of Mechanicville until an application for inspection has been filed with the New York Board of Fire Underwriters or other qualified inspection agency approved by the city.
B. It shall be a violation of this chapter for a person, firm or corporation to connect or cause to be connected electrical wiring in or on properties for light, heat or power to any source of electrical energy supply prior to the issuance of a temporary certificate or a certificate of compliance by the New York Board of Fire Underwriters or other qualified inspection agency approved by the city.
§ 99-4. Penalties for offenses.102EN
Except as otherwise provided in Executive Law § 382, violation of this chapter shall be deemed an offense and, upon conviction, shall be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both. Every day or part thereof that a violation of this chapter shall continue shall constitute a separate and distinct offense.

Chapter 105, FAIR HOUSING
[HISTORY: Adopted by the City Council of the City of Mechanicville 9-26-1979 (Ch. 29, Part 2, of the 1968 Code). Amendments noted where applicable.]
ARTICLE I, General Provisions
§ 105-1. Purpose.
For the purpose of providing and ensuring fair housing opportunities for all within the City of Mechanicville, the City Council of the City of Mechanicville in the County of Saratoga, State of New York, under the authority of the General Municipal Law and General City Law, hereby obtains, enacts and publishes this chapter.
§ 105-2. Word usage and definitions.
A. General. For the purpose of this chapter, certain words or phrases herein shall be interpreted as follows, except where the context clearly indicates the contrary. Words used in the singular include the plural; words used in the present tense include the future tense; the word "person" includes a corporation as well as an individual; and the word "shall" is always mandatory.
B. Specific words or phrases. For the purpose of this chapter, certain terms or words herein shall be interpreted as follows:
DISCRIMINATORY HOUSING PRACTICE -- An act that is unlawful under Article II.
DWELLING -- Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
FAMILY -- Includes a single individual.
PERSON -- Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
TO RENT -- Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
ARTICLE II, Discrimination Prohibited
§ 105-3. Sale or rental of housing.
Except as exempted by Article III, it shall be unlawful within the City of Mechanicville:
A. To refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex or national origin.
B. To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race, color, religion, sex or national origin.
C. To make, print or publish or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex or national origin or an intention to make any such preference, limitation or discrimination.
D. To represent to any person, because of race, color, religion, sex or national origin, that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
E. For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex or national origin.
§ 105-4. Financing of housing.
It shall be unlawful within the City of Mechanicville for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling or to discriminate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance because of the race, color, religion, sex or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance or of the present or prospective owners, lessees, tenants or occupants of the dwelling in relation to which such loan or other financial assistance is to be made or given, provided that nothing contained in the section shall impair the scope or effectiveness of the exceptions contained in Article III.
§ 105-5. Provision of brokerage services.
It shall be unlawful within the City of Mechanicville to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings or to discriminate against him in the terms or conditions of such access, membership or participation on account of race, color, religion, sex or national origin.
ARTICLE III, Exceptions
§ 105-6. Sales or rentals by owners.
A. Nothing in § 105-3 (other than Subsection C) shall apply to:
(1) Any single-family house sold or rented by an owner, provided that such private individual owner does not own more than three such single-family houses at any one time, and provided further that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four-month period, provided further that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf under any express or voluntary agreement, title to any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at one time, provided further than the sale or rental of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman or of such facilities or services of any person in the business of selling or renting dwellings or of any employee or agent of any such broker, agent, salesman or person and without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 105-3 of this chapter, but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as is necessary to perfect or transfer the title.
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
B. For the purpose of this exemption, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3) He is the owner of any dwelling designed or intended for occupancy by or occupied by five or more families.
§ 105-7. Religious organizations and private clubs.
Nothing in this chapter shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public which, as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
ARTICLE IV, Administration and Enforcement
§ 105-8. Fair Housing Officer.
The authority and responsibility for publicizing, administering and enforcing this chapter shall be in the city's Fair Housing Officer, to be designated by the Mayor of the City of Mechanicville.
§ 105-9. Report of violations.
Violations of this chapter shall be reported in person or in writing to the city's Fair Housing Officer.
§ 105-10. Suits against violators.
Where sufficient cause exists to believe that the terms of this chapter have been violated, the Fair Housing Officer shall institute a suit in City Court against the alleged violator.
§ 105-11. Penalties for offenses.
Where a person or organization has been found, after a trial on the merits, in violation of this chapter, a fine shall be imposed on such person or organization not to exceed $500 for a first offense and $1,000 for each additional offense. The minimum fine for violations of this chapter shall be $100 for a first offense and $500 for each additional offense. Each and every separate violation of this chapter shall be deemed an offense for the purposes of imposing the appropriate fine.
ARTICLE V, Amendments; Interpretation; Title
§ 105-12. Amendments.
The City Council may, on its own initiative or on petition, amend, supplement or repeal the provisions of this chapter in conformity with applicable law after public notice and hearing.
§ 105-13. Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern.
§ 105-14. Title.
This chapter shall be known and may be cited as the "City of Mechanicville Fair Housing Ordinance."

Chapter 108, FIREARMS, EXPLOSIVES AND FIREWORKS
[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 21, Art. II, of the 1968 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Parks and playgrounds -- See Ch. 144, § 144-18.
§ 108-1. Firearms and explosives.
It shall be unlawful for any person to discharge in the City of Mechanicville any shotgun, air gun, air pistol, spring gun or rifle, rifles and pistols of any caliber or any implement which impels with force a pellet or single projectile of any kind (i.e., bow and arrow, slingshot, crossbow, etc.) or which projects or explodes any cartridge, blank cartridge, cap or otherwise explosive substance or mixture of chlorates or nitrates. This section shall not apply to law enforcement officers lawfully engaged in law enforcement duties or the discharge of weapons in self-defense.
§ 108-2. Permit required to display fireworks.
It shall be unlawful for any person to give or cause to be given a public display of fireworks without first having obtained a permit in accordance with § 405.00 of the Penal Law from the Mayor of the city. Before such permit is granted, the applicant for said permit must enter into an agreement to save harmless the City of Mechanicville from any and all damage of any kind or nature whatsoever which may be caused directly or indirectly by said display of fireworks.
§ 108-3. Penalties for offenses.
Any person who violates any of the provisions of this chapter shall, upon conviction, be subject to a fine of not less than $5 nor more than $250 or to imprisonment for not less than five days nor more than 15 days, or to both such fine and imprisonment, and each day on which said violation continues shall constitute a separate offense.

Chapter 111, FLOOD DAMAGE PREVENTION
[HISTORY: Adopted by the City Council of the City of Mechanicville 7-19-1995 by L.L. No. 1-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention -- See Ch. 80.
Zoning -- See Ch. 200.
§ 111-1. Findings.
The City Council of the City of Mechanicville finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the City of Mechanicville and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted.
§ 111-2. Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
D. Control filling, grading, dredging and other development which may increase erosion or flood damages.
E. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
F. Qualify for and maintain participation in the National Flood Insurance Program.
§ 111-3. Objectives.
The objectives of this chapter are to:
A. Protect human life and health.
B. Minimize expenditure of public money for costly flood-control projects.
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. Minimize prolonged business interruptions.
E. Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges, located in areas of special flood hazard.
F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood-blight areas.
G. Provide that developers are notified that property is in an area of special flood hazard.
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
§ 111-4. Word usage and definitions.
A. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
B. As used in this chapter, the following terms shall have the meanings indicated:
APPEAL -- A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING -- A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE or V1-V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
BASE FLOOD -- The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT -- That portion of a building having its floor subgrade (below ground level) on all sides.
BUILDING -- See "structure."
CELLAR -- See "basement."
DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING:
(1) A nonbasement building:
(a) Built, in the case of a building in Zone A1-A30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor or, in the case of a building in Zone V1-V30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water; and
(b) Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.
(2) In the case of Zone A1-A30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
(3) In the case of Zone V1-V30, VE or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls that meet the federal standards.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY -- The federal agency that administers the National Flood Insurance Program.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) -- An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
FLOOD ELEVATION STUDY -- An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM) -- An official map of a community issued by the Federal Emergency Management Agency where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.
FLOOD INSURANCE RATE MAP (FIRM) -- An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY -- See "flood elevation study."
FLOOD or FLOODING:
(1) A general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
(2) "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) above.
FLOODPLAIN or FLOOD-PRONE AREA -- Any land area susceptible to being inundated by water from any source. (See "flooding.")
FLOODPROOFING -- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY -- See "regulatory floodway."
FUNCTIONALLY DEPENDENT USE -- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities.
HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE -- Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
LOCAL ADMINISTRATOR -- The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the code enforcement officer, building inspector or employee of an engineering department.
LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
MANUFACTURED HOME -- A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION -- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL -- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
MOBILE HOME -- See "manufactured home."
NATIONAL GEODETIC VERTICAL DATUM (NGVD) -- As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.
NEW CONSTRUCTION -- Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community, and includes any subsequent improvements to such structure.
NEW MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
ONE-HUNDRED-YEAR FLOOD -- See "base flood."
PRINCIPALLY ABOVE GROUND -- At least 51% of the actual cash value of the structure, excluding land value, is above ground.
RECREATIONAL VEHICLE -- A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 111-13B of this chapter.
START OF CONSTRUCTION -- Includes substantial improvement and means the initiation, excluding planning and design, of any phase of a project or physical alteration of the property and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages or sheds), storage trailers and building materials. For manufactured homes, the "actual start" means affixing of the manufactured home to its permanent site.
STRUCTURE -- A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT -- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE -- A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter.
§ 111-5. Applicability.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Mechanicville, Saratoga County, New York.
§ 111-6. Basis for establishing areas of special flood hazard.
A. The areas of special flood hazard for the City of Mechanicville, Community No. 360721, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) A scientific and engineering report entitled "Flood Insurance Study, Saratoga County, New York" (all jurisdictions), dated August 16, 1995.
(2) The Flood Insurance Rate Map for Saratoga County, New York (all jurisdictions), as shown on Index No. 36091C0000 and panels 0587, 0589, 0591 and 0593, whose effective date is August 16, 1995.
B. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at the Building Department, City Hall, North Main Street, Mechanicville, New York.
§ 111-7. Interpretation and conflict with other laws.
A. This chapter includes all revisions to the National Flood Insurance Program through November 1, 1989, and shall supersede all previous laws adopted for the purpose of flood damage prevention.
B. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern.
§ 111-8. Penalties for offenses.
No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the City of Mechanicville from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §§ 111-19 and 111-20 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
§ 111-9. Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Mechanicville, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 111-10. Designation of local administrator.
The Code Enforcement Officer/Building Inspector is hereby appointed local administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions.
§ 111-11. Floodplain development permit; fees and costs.
A. Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 111-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
B. Fees. All applications for a floodplain development permit shall be accompanied by an application fee as set from time to time by resolution of the City Council (see fee schedule on file in the city offices). In addition, the applicant shall be responsible for reimbursing the City of Mechanicville for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of not more than $500 to cover these additional costs.
§ 111-12. Permit application.
The applicant shall provide the following information as appropriate; additional information may be required on the permit application form:
A. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone A1-A30, AE or AH or Zone A if base flood elevation data is available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
B. The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.
C. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 111-15C, Utilities.
D. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 111-17, Nonresidential structures.
E. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 111-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
F. A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.
G. In Zone A, when no base flood elevation data is available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres.
§ 111-13. Powers and duties of local administrator.
Duties of the local administrator shall include but not be limited to the following:
A. Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit. The local administrator shall:
(1) Review all applications for completeness, particularly with the requirements of § 111-12, Permit application, and for compliance with the provisions and standards of this chapter.
(2) Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of §§ 111-14 through 111-18 and, in particular, § 111-14A, Subdivision proposals.
(3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of §§ 111-14 through 111-18, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
(4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.
B. Use of other flood data.
(1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 111-12G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(2) When base flood elevation data is not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard for the purposes of this chapter.
C. Alteration of watercourses. The local administrator shall:
(1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.
(2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
D. Construction stage.
(1) The local administrator shall, in Zones A1-A30, AE and AH and also Zone A, if base flood elevation data is available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).
(2) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
E. Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.
F. Stop-work orders.
(1) The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 111-8 of this chapter.
(2) The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 111-8 of this chapter.
G. Certificate of compliance.
(1) In areas of special flood hazard, as determined by documents enumerated in § 111-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises or both or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter.
(2) A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard.
(3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
H. Information to be retained. The local administrator shall retain and make available for inspection copies of the following:
(1) Floodplain development permits and certificates of compliance.
(2) Certificates of as-built lowest floor elevations of structures required pursuant to Subsection D(1) and (2) and whether or not the structures contain a basement.
(3) Floodproofing certificates required pursuant to Subsection D(1) and whether or not the structures contain a basement.
(4) Variances issued pursuant to §§ 111-19 and 111-20.
(5) Notices required under § 111-13C, Alteration of watercourses.
§ 111-14. General standards.
The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 111-6:
A. Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):
(1) Proposals shall be consistent with the need to minimize flood damage.
(2) Public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed so as to minimize flood damage.
(3) Adequate drainage shall be provided to reduce exposure to flood damage.
B. Encroachments.
(1) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:
(a) The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or
(b) The City of Mechanicville agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City of Mechanicville for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Mechanicville for all costs related to the final map revision.
(2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 111-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
(a) A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during the occurrence of the base flood; or
(b) The City of Mechanicville agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City of Mechanicville for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Mechanicville for all costs related to the final map revisions.
§ 111-15. Standards for all structures.
A. Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
B. Construction materials and methods.
(1) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.
(2) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.
(3) Enclosed areas.
(a) For enclosed areas below the lowest floor of a structure within Zone A1-A30, AE or AH and also Zone A, if base flood elevation data is available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
[1] A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; and
[2] The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
(b) Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted.
C. Utilities.
(1) Machinery and equipment servicing a building must either be elevated to or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. This includes heating, ventilating and air-conditioning equipment, hot-water heaters, appliances, elevator lift machinery and electrical junction and circuit breaker boxes. When located below the base flood elevation, a professional engineer's or architect's certification of the design is required.
(2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall.
(4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
§ 111-16. Residential structures.
The following standards, in addition to the standards in § 111-14A, Subdivision proposals, and § 111-14B, Encroachments, and § 111-15, Standards for all structures, apply to structures located in areas of special flood hazard as indicated:
A. Within Zones A1-A30, AE and AH and also Zone A, if base flood elevation data is available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above the base flood level.
B. Within Zone A, when no base flood elevation data is available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.
C. Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 111-6 (at least two feet if no depth number is specified).
D. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
§ 111-17. Nonresidential structures.
The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in § 111-14A, Subdivision proposals, and § 111-14B, Encroachments, and § 111-15, Standards for all structures.
A. Within Zones A1-A30, AE and AH and also Zone A, if base flood elevation data is available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:
(1) Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or
(2) Be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
B. Within Zone AO, new construction and substantial improvements of nonresidential structures shall:
(1) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or
(2) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection A(2).
C. If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
D. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
E. Within Zone A, when no base flood elevation data is available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.
§ 111-18. Manufactured homes and recreational vehicles.
The following standards, in addition to the standards in § 111-14, General standards, and § 111-15, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.
A. Recreational vehicles.
(1) Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either:
(a) Be on site fewer than 180 consecutive days;
(b) Be fully licensed and ready for highway use; or
(c) Meet the requirements for manufactured homes in Subsections B, D and E.
(2) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, it is attached to the site only by quick-disconnect-type utilities and security devices and it has no permanently attached additions.
B. A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH that is on a site either outside of an existing manufactured home park or subdivision as herein defined, in a new manufactured home park or subdivision as herein defined, in an expansion to an existing manufactured home park or subdivision as herein defined or in an existing manufactured home park or subdivision as herein defined on which a manufactured home has incurred substantial damage as the result of a flood shall be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Methods of anchoring may include but are not limited to use of over-the-top or frame ties to ground anchors.
C. A manufactured home to be placed or substantially improved in Zones A1-A30, AE and AH in an existing manufactured home park or subdivision that is not to be placed on a site on which a manufactured home has incurred substantial damage shall be:
(1) Elevated in a manner such as required in Subsection B; or
(2) Elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.
D. Within Zone A, when no base flood elevation data is available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited.
E. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 111-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.
§ 111-19. Appeals board.
A. The Zoning Board of Appeals as established by the City of Mechanicville shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter.
C. Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
D. In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
(1) The danger that materials may be swept onto other lands to the injury of others.
(2) The danger to life and property due to flooding or erosion damage.
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4) The importance of the services provided by the proposed facility to the community.
(5) The necessity to the facility of a waterfront location, where applicable.
(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(7) The compatibility of the proposed use with existing and anticipated development.
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program of that area.
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10) The costs to local governments and the dangers associated with conducting search-and-rescue operations during periods of flooding.
(11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(12) The costs of providing governmental services during and after flood conditions, including search-and-rescue operations and maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges.
E. Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.
F. The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.
§ 111-20. Conditions for variances.
A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 111-19D(1) through (12) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of historic structures upon determination that:
(1) The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure.
(2) The variance is the minimum necessary to preserve the historic character and design of the structure.
C. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
(1) The criteria of Subsections A, D, E and F of this section are met.
(2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.
D. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
F. Variances shall only be issued upon receiving written justification of:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.
G. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.

Chapter 115, GAMES OF CHANCE
[HISTORY: Adopted by the City Council of the City of Mechanicville 9-19-1990 by L.L. No. 1-1991 (Ch. 23 of the 1968 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Bingo -- See Ch. 77.
§ 115-1. Statutory authority; title.
This chapter is enacted pursuant to the authority of Article 9-A of the General Municipal Law of the State of New York and shall be known as the "Games of Chance Ordinance of the City of Mechanicville."
§ 115-2. Definitions.
A. The words and terms used in this chapter shall have the same meanings as such words and terms used in Article 9-A of the General Municipal Law, unless otherwise provided herein or the context requires a different meaning.
B. As used in this chapter, the following terms shall have the meanings indicated:
CITY -- City of Mechanicville.
OFFICER -- The chief law enforcement officer of the City of Mechanicville.
§ 115-3. License required; Sunday games.
Games of chance may be conducted in the city by an authorized organization, after obtaining a license therefor, in accordance with the provisions, requirements and limitations of Article 9-A of the General Municipal Law, the rules and regulations of the New York State Racing and Wagering Board and this chapter. The conduct of games of chance on Sundays is authorized, except as otherwise restricted in Article 9-A of the General Municipal Law.
§ 115-4. When effective.
This chapter shall take effect 10 days after approval thereof by a majority of the voters of the city voting thereon at a special election and after publishing and posting as required by law.103EN

Chapter 118, GRAFFITI
[HISTORY: Adopted by the City Council of the City of Mechanicville at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
§ 118-1. Findings.
The City Council of the City of Mechanicville hereby finds and declares that graffiti poses a serious problem for our residents and merchants. The unabated proliferation of graffiti is a physical blight upon the landscape of our city and costs taxpayers, merchants and homeowners substantial moneys to remove and repair. The City Council also finds that, when unchecked, graffiti presents an image of a deteriorating community, a community that no longer cares about itself.
§ 118-2. Definitions.
For purposes of this chapter, the following words shall have the meaning ascribed to them herein:
BROAD-TIPPED INDELIBLE MARKER -- Any felt-tip marker or similar implement containing a fluid or coloring matter that is not water soluble and which has a flat or angled writing surface of 1/2 inch or greater.
DEFACE -- To mar the face or surface of, disfigure, injure or spoil the appearance of.
GRAFFITI -- Defacement of public or private property resulting in a drawing, figure, inscription, mark, message, slogan or symbol written, painted, drawn, etched or otherwise indelibly made on property.
PEN -- Any instrument or similar implement that contains ink fluid or similar coloring matter.
PROPERTY -- Includes but is not limited to buildings, fences, retaining walls, motor vehicles, recreational vehicles, rocks, signs, structures, trees, utility boxes, utility poles, waste receptacles and all other articles of personal or real property upon which one can write, draw, paint, etch or otherwise indelibly mark.
WRITING AND ARTISTIC DEVICE -- Any crayon, pastel stick, charcoal and artistic paints.
§ 118-3. Defacement of property.
A. Possession of any aerosol spray paint can or broad-tipped indelible marker or any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon any public or private property by any person in the proximity of any defacement, without the prior express written consent of the owner or operator of the property having been obtained, shall create a rebuttable presumption that such person did deface public or private property in violation of this chapter.
B. A person is guilty of possession of a graffiti instrument(s) when he possesses any aerosol spray paint can or broad-tipped indelible marker or tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise place a mark upon, unless the express prior written permission of the owner or operator of the property has been obtained.
C. All acts of graffiti are hereby declared unlawful within the City of Mechanicville.
§ 118-4. Penalties for offenses.
A. Any person who has been found guilty of actually causing the graffiti to be made or any other provision of this chapter shall be punished by a fine of $1,000 for each violation thereof and/or shall be imprisoned for 15 days in jail, or both. In addition, that person shall be liable for the cost of removing said graffiti from the property so defaced as part of his/her punishment pursuant to the violation of the chapter or to perform suitable alternate community services.
B. Any occupant, owner, lessee, sublessee, agent and/or landlord of any commercial or residential property located within the Incorporated City of Mechanicville which has been found guilty of having any form of graffiti on its property after the one-week curative period as designated in § 118-6 shall be punished by a fine of $1,000 for each violation and/or shall be imprisoned for 15 days in jail, or both. Each day the graffiti is permitted to remain on the premises after the curative period designated in § 118-6 shall constitute a separate and distinct offense and shall be punishable by separate and distinct cumulative amounts of fines, periods of imprisonment, or both.
§ 118-5. Civil liability.
The parent or legal guardian of any minor over the age of 10 and under the age of 18 that violates any provision of this chapter shall be held liable for any damages and/or cleanup costs that result from a violation of this chapter.
§ 118-6. Removal of graffiti; costs.
A. Requirement to remove graffiti. The occupant, owner, lessee, sublessee, agent and/or landlord of any commercial, personal or residential property located within the Incorporated City of Mechanicville which has any form of graffiti on any of its property shall be required to remove said property from public view or either restore the defaced surface by removing the graffiti or repaint the defaced surface using the same color paint as existed previously on the defaced surface within one week after written notice by the Code Enforcement Officer/Building Inspector to the occupant, owner, lessee, sublessee, agent and/or landlord in one of the following manners:
(1) By personal service, in which case the one-week curative period shall begin to run from the date of said service; or
(2) Service by certified mail, return receipt required, to the address upon which the graffitied property is located, in which case the one-week curative period shall run from the date said receipt is dated received.
B. Remedy of city. If said graffiti condition is not cured or corrected within one week after receipt of written notice by the city, the city shall have the right to issue a criminal summons and to enter the premises to remove the graffiti and/or repaint the property as set forth above, and the cost of the removal of the graffiti and/or repainting shall be at the cost and expense of the occupant, owner, lessee, sublessee, agent and/or landlord of property, reduced only by the amount recovered, if any, by the city from the person(s) found guilty of actually causing the graffiti. The actual cost of the removal of the graffiti and/or repainting, plus the cost of the inspection of said property and other costs incidental to such removal, shall thereupon become a lien upon the real property upon which the graffiti was found to be and shall be added to and become a part of the taxes next to be assessed and levied on such real property, and the same shall be collected and enforced in the same manner as taxes.

Chapter 129, LITTERING
[HISTORY: Adopted by the City Council of the City of Mechanicville at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials -- 4See Ch. 64.
Property maintenance -- See Ch. 80, Art. III.
Solid waste -- See Ch. 161.
§ 129-1. Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them:
GARBAGE -- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER -- Garbage, refuse and rubbish, as defined in this section, and all other waste material which, if thrown or deposited as prohibited by this chapter, tends to create a danger to public health, safety and welfare.
PARK -- A park, reservation, playground, beach, recreation center or any other public area in or owned or used by the city and devoted to active or passive recreation.
PRIVATE PROPERTY -- Any dwelling, house, building or other structure designed or used either wholly or in part for residential, business or industrial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any property, yard, grounds, walk, driveway, parking areas, porch, steps, vestibule or mailbox belonging or appurtenant to any such dwelling, house, building or other structure designed or used either wholly or in part for residential, business or industrial purposes.
PUBLIC PLACE -- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE -- All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH -- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, handbills, placards, posters, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
SOLID WASTE -- Includes materials or substances that are discarded or rejected as being spent, worthless, useless or in excess to the owners at the time of such discard or rejection, including but not limited to materials or substances such as garbage, refuse, industrial and commercial wastes, sludge from air or water treatment facilities, rubbish, tires, ashes, incinerator residue, construction and demolition debris, discarded motor vehicles, discarded household and commercial appliances and discarded furniture.
A. An object shall be presumed to be discarded or rejected solid waste when the object is stored, placed or left on the grounds or exterior of the property in the view of neighbors or passersby under the circumstances which meet any of the following criteria:
(1) The object produces an offensive smell.
(2) The object is of a type designed for interior use or made of materials which are suitable only for interior use and the object is left outside and exposed to precipitation.
(3) The object has reached a degree of dilapidation or disrepair that can reasonably be presumed to render the material unsuitable for or incapable of being used for its original intended purpose or some other reasonable purpose.
(4) The object is left, placed or stored in a manner which appears likely to cause injuries.
B. Solid waste, other than garbage stored in proper containers described above, is not stored in the public view, except that construction and demolition debris related to an ongoing construction project with a valid building permit may be stored in the public view for not more than 30 days. Residents may place reusable materials in front yards for purposes of sale or informal scavenging, not to be observable for more than two successive days.
VEHICLE -- Every device in, upon or by which any person or property is or may be transported or drawn upon a highw