Disclaimer: This electronic version of the Code is provided for informational purposes only. For the official version of the Code, please contact the Village Office.
The Board of Trustees finds that there is a danger to the health, safety and general welfare of the residents of the village posed by the operation of certain filling stations/convenience stores during late evening and early morning hours where such stations abut or are in close proximity to residentially zoned properties. The Board has received a continuous series of complaints in recent years, which it finds to be justified, from homeowners in residential districts located near filling stations/convenience stores in the village, regarding noise, both from persons and automobiles, vandalism and excessive traffic flow during the early morning hours, all emanating from filling stations/convenience stores. In weighing the extreme irritation, inconvenience, diminution of property values and danger to person and property, which homeowners and their families have experienced and are experiencing as a result of early morning filling stations/convenience stores' operations against the relatively minor inconvenience that would be caused to said establishments if they were required to close to the public for a few hours in the early morning, the rights of the filling stations/convenience stores are outweighed by the rights of citizens in the residential areas to the quiet, peaceful and undisturbed enjoyment of their homes, particularly during the early morning hours. Accordingly, the Board finds that regulation of the hours of operation of filling stations/convenience stores located in close proximity to residences will be in the public interest and will better serve to protect the health, safety, welfare, good order and governance of the village.
As used in this chapter, the following terms shall have the meanings indicated:
FILLING STATION/CONVENIENCE STORE -- An establishment or business selling or offering for sale or providing to the public gasoline and other related motor vehicle products and food, beverages, beer, cigarettes and other related items.
It shall be unlawful and a violation of this chapter for the owner, lessor, lessee or operator of any filling station/convenience store located in the village on a lot that is within five hundred (500) feet of any other lot in the village which is legally used for single or multiple dwellings, under the provisions of Chapter 190, Zoning, of the Honeoye Falls Village Code, to sell, operate or transact business between the hours of 11:00 p.m. and 5:30 a.m. on the following day, each day of the week, and all exterior lighting and illumination shall be extinguished during these hours.
In addition to any other penalties or remedies available to the Village of Honeoye Falls, any person, corporation, firm or other entity who violates the regulations of this chapter shall, upon conviction, be guilty of a violation and shall be subject to a fine of up to two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both. Each day such violation continues shall constitute a separate offense and shall be punishable as such.