Section 130. Town ordinances

The  town board after a public hearing may
  enact,  amend  and  repeal  ordinances,  rules   and   regulations   not
  inconsistent  with  law,  for the following purposes in addition to such
  other purposes as may be contemplated by the provisions of this  chapter
  or other laws. In order to accomplish the regulation and control of such
  purposes,  the  town  board  may  include in any such ordinance, rule or
  regulation provision for the issuance and  revocation  of  a  permit  or
  permits,  for  the  appointment  of  any  town  officers or employees to
  enforce  such  ordinance,  rule  or  regulation  and/or  the  terms  and
  conditions  of  any  permit issued thereunder, and for the collection of
  any reasonable uniform fee in connection therewith. The town clerk shall
  give notice of such hearing by the publication of a notice in  at  least
  one  newspaper circulating in the town, specifying the time when and the
  place where such hearing will be held, and in general  terms  describing
  the proposed ordinance. Such notice shall be published once at least ten
  days prior to the day specified for such hearing.
    Whenever  the  constitutionality  of any local law, ordinance, rule or
  regulation of a town is brought into issue upon a trial  or  hearing  of
  any  civil  cause  of action or proceeding in any court, and the town is
  not a party to such action or proceeding, notice shall  be  served  upon
  the  town  in  accordance  with section one thousand twelve of the civil
  practice law and rules.
    1. Building code. Regulating the manner of  construction,  alteration,
  removal  and  inspection of buildings and structures of every nature and
  description erected or proposed to be erected  in  said  town,  and  the
  materials  to  be  used  therefor, and in the case of buildings used for
  public assemblage requiring such  stairways,  doors,  halls,  exits  and
  other  facilities  as  may  be  necessary  for  the safety, security and
  comfort of persons using the same,  and  prohibiting  any  construction,
  alteration, or removal which does not comply with such regulations. Such
  regulations shall be known as the building code of the town.
    2.  Plumbing  code. Regulating the manner of construction, alteration,
  removal and inspection of all plumbing and drainage systems in  existing
  or  proposed  buildings  and  structures  and  the  materials to be used
  therefor, and the location of cess-pools and sewer systems,  the  manner
  of construction and the materials to be used therefor, and the manner in
  which  connections  shall  be  made  with  main sewers, drains and water
  mains, and the materials  to  be  used  therefor,  and  prohibiting  any
  construction, alteration or removal or the use of any materials which do
  not  comply  with  such regulations. The town board may either adopt the
  standard plumbing code recommended by the state department of health  or
  may  formulate  other  rules  and regulations relating to plumbing. Such
  regulations shall be known as the plumbing code of the town.
    3. Electrical code. Regulating the manner of construction, alteration,
  removal and inspection of all electrical work in  existing  or  proposed
  buildings  and  structures  and  the  materials to be used therefor, and
  prohibiting any construction, alteration or removal or the  use  of  any
  materials  which  do  not comply with such regulations. Such regulations
  shall be known as the electrical code of the town.
    3-a. Housing  code.  Regulating  and  establishing  minimum  standards
  governing  the  condition,  occupancy,  and  maintenance  of  dwellings,
  dwelling units, rooming houses, rooming units and premises; establishing
  minimum standards governing utilities, facilities,  and  other  physical
  components  and  conditions essential to make dwellings, dwelling units,
  rooming houses, rooming units, and premises safe, sanitary and  fit  for
  human  habitation; fixing certain responsibilities and duties of owners,
  operators, agents, and  occupants  of  dwellings,  and  dwelling  units,
  rooming   houses,   and  rooming  units;  authorizing  and  establishing

  procedures for the inspection  of  dwellings,  dwelling  units,  rooming
  houses,  and  rooming  units, and the condemnation and vacation of those
  dwellings, dwelling units, rooming houses, and rooming units  unfit  for
  human habitation. The provisions of this subdivision shall apply only to
  one  and  two  family  dwellings, provided, however, that nothing herein
  contained shall be construed to affect the power of a town to  enact  or
  adopt  local  laws,  ordinances or regulations, with respect to multiple
  dwellings,  pursuant  to  the  provisions  of  section   three   hundred
  twenty-nine of the multiple residence law.
    4.  Sidewalks.  Regulating  the manner of construction, reconstruction
  and repair of sidewalks, the materials to be used, the  grades  and  the
  widths  thereof  and  prohibiting  any  construction,  reconstruction or
  repair which does not comply with such regulations; requiring the  owner
  and  occupant  of  premises  abutting on any street where a sidewalk has
  been laid, to keep the sidewalk in front  of  such  premises,  free  and
  clear  from  snow,  ice,  dirt  and  other obstructions and upon default
  thereof provide for the removal thereof at the expense of the owners  of
  such premises and that such charge shall become a lien upon the premises
  benefited thereby, until paid.
    5.  Fire  prevention. Regulating the erection of buildings where extra
  hazardous business is to be carried on  and  the  carrying  on  of  such
  business:  Regulating  the attendance in public buildings and the use of
  aisles as standing room for spectators and the erection of fire  escapes
  on  all  public  buildings:  Regulating  the construction and use of all
  heating systems and devices employing heat or fire or  conducting  smoke
  for  any  purpose: Establishing fire limits and prohibiting the erection
  of frame buildings or structures therein: Preventing  and  extinguishing
  fires  and regulating conduct thereat: Regulating the use, sale, storage
  and transportation of fire arms, fire works, explosives and inflammables
  or prohibiting the use, sale, storage and transportation of any of them:
  Requiring the deposit of ashes and waste in safe receptacles and places:
  Prohibiting bonfires in the streets and public places and regulating the
  manner in which they may be permitted in  other  places:  Requiring  the
  cutting,  trimming and removal of brush, grass and weeds and the removal
  of  rubbish  and  the  elimination  of  fire  hazards:  Protecting   and
  preserving the property and apparatus of any fire company or department:
  Regulating  the  parking  of  automobiles  or  other  conveyances in the
  locality of fire houses  and  hydrants:  Providing  for  punishment  for
  insubordination  or disorderly conduct at fires or the wilful neglect or
  refusal to obey or the attempt to prevent or obstruct the lawful  orders
  of  a  person  in  charge of the operations of a fire department or fire
  company: Preventing damage by fire and protecting  property  exposed  to
  destruction  by  fire: Providing for the voluntary destruction either in
  part or in whole of buildings and property to arrest fire or  extinguish
  the  same,  and  for  all  other  things  necessary  or  helpful for the
  prevention of fire or the  extinguishing  thereof  and  for  such  other
  further  purposes  as  shall  tend  to provide for the general safety of
  persons and property within the town.
    6. Public dump and dumping ground. Prohibiting and/or  regulating  the
  use of any lands within the town as a dump or dumping ground.
    7.  Use  of  streets,  highways,  sidewalks  and  public  places.  (a)
  Regulating the use of streets, highways, sidewalks and public places  by
  pedestrians,  animals,  motor  and  other  vehicles, including local and
  interurban street cars; restricting parking  of  all  vehicles  therein;
  regulating   parades  and  public  assemblages  therein;  regulating  or
  prohibiting coasting therein;  and,  subject  to  the  approval  of  the
  department of transportation, requiring railroad companies to employ and
  maintain  competent  flagmen  and  erect  gates at any street or highway

  crossing; prohibiting the deposit of any dirt, filth, waste  or  rubbish
  in  any  street, highway, sidewalk, that part of any waterway within its
  jurisdiction or public place or incumbering thereof by any  encroachment
  of buildings, structures, excavation or otherwise; regulating the manner
  in  which  excavation  may  be  made  in or under the streets, highways,
  sidewalks or  public  places  and  requiring  an  indemnity  bond  as  a
  condition  precedent  thereto  or  the  town  board  may  require as the
  condition precedent thereto, the deposit in cash of such  an  amount  as
  the  board  may determine necessary to cover the probable expense to the
  town of the replacement by the town of the street, highway, sidewalk  or
  public  place,  and the unexpended balance, if any, shall be refunded to
  the depositor; providing for the removal  of  snow  and  ice  therefrom;
  prohibiting  the  use  by  owners  and occupants of property abutting on
  public streets or grounds of barbed wire or  similar  fences  along  the
  boundaries of such street or grounds.
    (b)  If the front or other exterior wall of any building erected on or
  before the first day of January, nineteen hundred  forty,  in  any  town
  encroaches  not  more  than  six  inches  upon any street or highway, no
  action or proceeding to  compel  the  removal  of  such  wall  shall  be
  instituted or maintained by or on behalf of the town, or by or on behalf
  of  any  person  claiming  an easement in or title to the portion of the
  street or highway on which such wall encroaches, unless such  action  or
  proceeding be commenced within the period of one year from the time this
  act takes effect, and unless within such period a notice of the pendency
  of  such  action  or  proceeding,  describing the property on which said
  building stands and indexed against the owner thereof, be filed  in  the
  office of the clerk of the county in which the property lies.
    (c)  If the front or other exterior wall of any building erected after
  the first day of January, nineteen hundred forty, in any town encroaches
  not more than six inches upon  any  street  or  highway,  no  action  or
  proceeding  to  compel  the  removal of such wall shall be instituted or
  maintained by or on behalf of the town, or by or on behalf of any person
  claiming an easement in or title to the portion of the street or highway
  on which such wall encroaches,  unless  such  action  or  proceeding  be
  commenced  within the period of one year from the time of the serving of
  a notice as hereinafter provided, and unless within such period a notice
  of the pendency of such action or proceeding, describing the property on
  which said building stands and indexed against  the  owner  thereof,  be
  filed  in  the  office  of the clerk of the county in which the property
  lies. Any person having any interest  in  the  property  on  which  such
  building stands may serve a notice on the town clerk, town supervisor or
  on  such  town  officer  as the town board shall authorize and direct to
  defend or appear in any action or legal proceeding against said town, of
  the town in which said property lies, setting forth a brief  description
  of  the  property,  his  interest  therein,  and  the  existence  of  an
  encroachment on the street or highway. Such notice, together with  proof
  or  admission  of  service  thereof, shall be filed in the office of the
  clerk of the county in which such property lies. The clerk  shall  index
  and  record  such  notice  as  if it were a notice of the pendency of an
  action and shall collect the usual fees for  recording  and  indexing  a
  notice of the pendency of an action.
    (d)  If no action be brought within the period hereby limited therefor
  the owners and encumbrancers of such property shall be deemed to have an
  easement for the maintenance of the encroaching wall so long as the said
  wall shall stand, and no longer.
    (e) If the front or other exterior wall of any building erected on  or
  before the first day of January, nineteen hundred sixty-five in any town
  encroaches  not  more  than  six  inches  upon  any  town street or town

  highway, the local legislative  body  of  any  town  may  authorize  the
  maintenance  of such encroachment by ordinance during the period of time
  the encroaching wall is  in  existence;  provided,  however,  that  such
  authorization shall not confer any right or claim to be asserted against
  such town or the state.
    (f)  The  owner of real property upon which the front or exterior wall
  of any building thereon encroaches upon any town street or highway,  may
  submit  a  request,  in  writing,  to  the  town  board of such town for
  authorization to maintain such front or exterior wall  during  the  time
  such wall is in existence.
    (g)  Upon  presentation of such request, notice thereof shall be given
  to the town highway superintendent, who  shall  recommend  to  the  town
  board  the  proposed  action  on such request. Within thirty days of the
  presentation of such request, the town  board  shall  determine  if  the
  granting  of  such  request shall adversely impact upon the users of the
  town street or highway. In the event a determination is made  that  such
  encroachment  does  adversely  impact upon the use of the town street or
  highway, such request shall  be  denied.  In  the  event  a  preliminary
  determination  is made that such encroachment may have no adverse impact
  upon the use of the town street or highway, the town board shall  within
  thirty  days  after  the  issuance  of  such preliminary finding, hold a
  public  hearing  upon  such  request,  which  public  hearing  shall  be
  conducted  upon not less than ten days notice to the public. In addition
  to such public notice, the owners of property, as  determined  from  the
  last completed assessment roll, within five hundred feet of the property
  as  measured  from the intersections of the property lines with the town
  street or highway shall be given notice by certified mail of such public
  hearing.
    (h) If, upon the completion of the  public  hearing,  the  town  board
  determines that such front or exterior wall does not interfere or impede
  the  right  of  the  public to use such town street or highway, the town
  board may grant to the owner of such property a license to  continue  to
  maintain  such  front or exterior wall during the period such wall is in
  existence; provided however, such  town  shall  have  the  authority  to
  revoke  such  license at any time in the event the town board determines
  that such town street or highway will be improved and  as  a  result  of
  such  improvement the front or exterior wall will then impede, interfere
  with or obstruct traffic or the use  of  the  town  street  or  highway;
  provided,  further,  that  such  license  shall not confirm any right or
  claim against such town. In such event the owner of the  property  shall
  be  given  notice  of the proposed action and shall, within the time set
  forth in the notice, remove such front or exterior wall  from  the  town
  street or highway.
    (i)  Upon  the  abandonment  of  the  building  or  in  the event such
  building, because of a lack of care enters a  state  of  disrepair,  the
  owner  thereof shall remove such front or exterior wall upon notice from
  the town board.
    (j) The authority granted to a town pursuant to paragraphs  (f),  (g),
  (h)  and  (i)  of this subdivision may, by local law, be assigned to any
  department or agency of the town.
    7-a. Location and construction of driveways. Regulating  the  location
  and  manner  in which driveway entrances and exits may be constructed by
  owners and occupants of property abutting on  town  highways;  provided,
  however,  that  such  regulations  shall  not  deny access from abutting
  property upon town highways, when such abutting property is a legal  lot
  in accordance with existing statutes and ordinances.
    8. Smoke, gases and wastes. Regulating and prohibiting the unnecessary
  emission  of  smoke,  noxious  gases,  deposits, dusts, trade wastes and

  other pollutions from buildings, engines, locomotives and other sources,
  and regulating, restricting  and  prohibiting  the  unnecessary  use  of
  bituminous  coal  within  the town or any portion thereof, when such use
  would affect the public health.
    9.   Animals.   Regulating  the  keeping  of  calves;  regulating  and
  prohibiting the keeping of swine and mink, restraining  the  running  at
  large of horses, cattle, sheep, unmuzzled dogs, whether licensed or not,
  fowls  and  other animals and authorizing the impounding and sale of the
  same for the costs of keeping, proceedings and penalty, or  the  killing
  of unmuzzled dogs.
    10.  Malicious  mischief. Punishing the wilful and malicious breaking,
  marring, injuring, removing or defacing of any  building  or  structure,
  fence,  awning, sign board, tree, crop, shrubbery or other property; the
  tearing down of notices lawfully posted; the removal  or  alteration  or
  any unlawful interference with stakes set out by engineers, surveyors or
  otherwise to indicate boundaries or other lines.
    11. Peace, good order and safety. Preserving the public peace and good
  order;  preventing  and  suppressing  vice,  immorality,  disorderly and
  gambling  houses  and  houses  of   ill-fame,   riots   and   tumultuous
  assemblages,  unnecessary  crowds  upon  the  streets, or in doorways or
  stairways adjacent thereto, or loitering about such  places,  preventing
  unreasonably loud or disturbing noises, determined by the board to be of
  a  character,  intensity  or duration as to be detrimental to the peace,
  welfare or good order of the  people,  and  preventing  all  disorderly,
  noisy,  riotous  or  tumultuous  conduct within the town, disturbing the
  peace and quiet of the town or any meeting or assembly  therein;  except
  when  prohibited  by reason of the laws of the United States, regulating
  the use of beaches in or adjacent to the town  and  regulating  swimming
  and  bathing  in  open  water exposed to the public including the use of
  underwater diving devices for swimming and fishing, within  or  bounding
  the  town or such beaches to a distance of fifteen hundred feet from the
  shore and requiring the owners or operators of any bathing beaches, bath
  houses or other places charging a fee to the public for the use  of  any
  such  facilities  to  provide  adequate safeguards for the protection of
  persons  bathing  in  waters  adjacent  to  such  premises;  prohibiting
  profane,  vulgar  or obscene language or conduct in any street or public
  place in the town.
    12. Amusements. Regulating public dance halls  and  all  places  where
  dancing is permitted; specifying the hours during which such dancing may
  continue, the supervision thereof, the minimum age of persons allowed to
  attend,   and  all  other  matters  relating  to  the  conduct  thereof;
  regulating the conduct of circuses, theatres, pool and billiard parlors,
  bowling alleys, athletic contests or exhibitions, and all similar places
  of amusement for money or hire.
    13. Beverages and eating places.  Regulating  all  places  selling  or
  offering for sale at retail for consumption on the premises any beverage
  or  food  stuff;  providing  for  sanitation  and  cleanliness  and  the
  inspection thereof and defining the opening and closing  hours  and  all
  other matters related thereto.
    14.  Slaughtering houses and rendering works. Regulating the location,
  operation, cleaning and removal of slaughter houses, fat, offal or other
  rendering or reduction  works  or  establishments  and  unwholesome  and
  noisome buildings or places.
    15.  Promotion of public welfare. Promoting the health, safety, morals
  or general welfare  of  the  community,  including  the  protection  and
  preservation  of the property of the town and of its inhabitants, and of
  peace and good order, the benefit of trade and all other matter  related

  thereto,  insofar  as  the  same shall not be inconsistent with existing
  law.
    15-a.  Excavated  lands. Any town may adopt an ordinance giving to the
  appropriate officials of such town,  upon  the  direction  of  the  town
  board,  the  right and power to fill in excavated lands and property if,
  after a hearing, the existence of such lands and property are deemed  by
  the  town  board  to  constitute a hazard to public safety and if, after
  giving thirty days' notice by certified mail addressed to the  owner  of
  record  of  such  lands  and  property  at the address shown on the last
  preceding assessment roll, such excavated lands  and  property  are  not
  filled  in  by or on behalf of such owner. Where the excavated lands are
  filled in by the town, the cost thereof shall be assessed  against  such
  lands  and  property  by  such town officer as may be designated by such
  ordinance. The town officer so designated shall serve personally  or  by
  certified  mail  upon  the  owner of such property at the same address a
  written notice, stating that at a time and place specified  therein,  he
  will assess such cost against such property. Such notice shall be served
  at  least eight days previous to the time specified therein. If directed
  against a corporation, it may be served  upon  the  corporation  at  its
  principal  place  of  business,  place  of business upon an agent of the
  corporation within the town, or upon  the  secretary  of  state.  Notice
  served  upon the secretary of state shall be served at least twelve days
  previous to the time  specified  therein.  At  the  time  and  place  so
  specified,  he  shall  hear  the parties interested, and shall thereupon
  complete the assessment, stating therein, the name of each owner and the
  amount so assessed, and shall return such assessment to the  town  clerk
  who  shall  present  the  same  to the town board. Such town board shall
  certify such assessment to the board of supervisors who shall cause  the
  amount  stated  therein  to  be  levied  against  such  property and any
  uncollected assessment shall be a lien  upon  the  land  affected.  Such
  amount  shall  be  levied and collected at the same time and in the same
  manner as other town taxes, and shall be paid to the supervisor  of  the
  town,  to  be  applied  in reimbursing the fund from which such cost was
  defrayed.
    15-c. Screening facilities in the towns of  the  counties  of  Nassau,
  Rockland  and  Westchester  and  certain  towns in the county of Suffolk
  required by zoning boards of appeals or zoning ordinances. Any  town  in
  the  counties  of  Nassau,  Rockland  and  Westchester  and the towns of
  Huntington, Babylon, Brookhaven, Islip,  Southampton  and  Smithtown  in
  Suffolk  county  may  adopt  an  ordinance  giving  to  the  appropriate
  officials of such town, upon the direction of the town board, the  right
  and   power  to  erect,  replace,  repair  or  maintain  fences,  trees,
  plantings, shrubbery or other screening on land  located  in  such  town
  where  such  screening  facilities  are  required by direction of a town
  board of zoning appeals or by zoning ordinance and there is a failure to
  comply with such direction, and if, after giving thirty days' notice  by
  registered  mail  addressed  to  the owner of record of such land at the
  address shown on the last preceding assessment roll, such fences, trees,
  plantings, shrubbery or other screening are not  so  erected,  replaced,
  repaired or maintained by or on behalf of such owner; and the town board
  may  provide for the assessment of all costs and expenses so incurred by
  the town, in connection with any action taken as above, against the land
  on which such screening facilities are located.
    16. Unsafe buildings  and  collapsed  structures.  Providing  for  the
  removal  or  repair of buildings in business, industrial and residential
  sections that, from any cause, may now  be  or  shall  hereafter  become
  dangerous or unsafe to the public; providing as follows:

    a.  For  an inspection and report by an official duly appointed by the
  town board;
    b.  For  a notice to be served on the owner or some one of the owner's
  executors, legal representatives, agents, lessees or  any  other  person
  having  a vested or contingent interest in same, either personally or by
  registered mail, addressed to the last known address,  if  any,  of  the
  owner  or  some  one  of  the  owner's executors, legal representatives,
  agents, lessees or other person having a vested or  contingent  interest
  in  same, as shown by the records of the receiver of taxes and/or in the
  office of the county clerk or county register, containing a  description
  of the premises, a statement of the particulars in which the building or
  structure  is unsafe or dangerous and an order requiring same to be made
  safe and secure or removed; and if such service be  made  by  registered
  mail, for a copy of such notice to be posted on the premises.
    c.  For  time within which person served with such notice may commence
  the securing or removal of buildings or structures;
    d. For the filing of a copy of such notice in the office of the county
  clerk of the county within which such building or structure is  located,
  which notice shall be filed by such clerk in the same manner as a notice
  of pendency pursuant to article sixty-five of the civil practice law and
  rules, and shall have the same effect as a notice of pendency as therein
  provided,  except as otherwise hereinafter provided in this paragraph. A
  notice so filed shall be effective for a period of  one  year  from  the
  date of filing, provided, however, that it may be vacated upon the order
  of  a  judge  or justice of a court of record or upon the consent of the
  town attorney. The clerk of the county where such notice is filed  shall
  mark such notice and any record or docket thereof as cancelled of record
  upon  the presentation and filing of such consent or of a certified copy
  of such order.
    e. For a hearing before the town board, notice of which and  the  time
  and  place  thereof to be specified in the notice to repair or demolish;
  served upon the owner  and  such  persons  having  an  interest  in  the
  property or structure as is herein prescribed.
    f.  For  the  removal of such building or structure by the town in the
  event such owner fails or refuses to repair or remove  the  same  within
  the time provided.
    g. For the assessment of all costs and expense incurred by the town in
  connection  with the proceedings to remove or secure, including the cost
  of actually removing said building or structure,  against  the  land  on
  which said buildings or structures are located.
    17.   Regulation   of   vessels,  personal  watercraft  and  specialty
  prop-craft.  Except when prohibited by the laws of this state or of  the
  United   States;   (1)  a.  Regulating  the  speed  and  regulating  and
  restricting the operation of vessels, personal watercraft and  specialty
  prop-craft  and,  in  the  counties of Westchester, Saratoga, Warren and
  Suffolk the size and horse power of inboard and outboard  motors,  while
  being  operated or driven upon any waters within or bounding the town to
  a distance of fifteen hundred feet from the shore except that in  Nassau
  and  Suffolk  counties,  towns  may  regulate and restrict the speed and
  regulate and restrict the operation of vessels in all tidal waters  upon
  lands  within  the  geographic  boundaries  of such town and those tidal
  waters contiguous with the town to a distance of  fifteen  hundred  feet
  from  shore  and  not  within  any  other town. With respect to personal
  watercraft  and  specialty  prop-craft,  regulations   may   include   a
  prohibition  of  their  use  provided  such prohibition does not prevent
  access  to   federally   maintained   and   designated   channels   and,
  notwithstanding  any  other provision of law, such prohibition shall not
  be adopted unless the town complies with the public hearing requirements

  and the requirements for signage as set forth in  section  forty-six  of
  the navigation law.
    b.  Restricting  and regulating the anchoring or mooring of vessels in
  any waters within or bounding the town to a distance of fifteen  hundred
  feet from the shore.
    c.  Restricting  and regulating the anchoring or mooring of vessels in
  such waters when used or occupied as living or  sleeping  quarters  and,
  providing  time  limits  on duration of the stay of such vessels in such
  waters and requiring inspection and registration of such vessels when so
  used.
    d. Restricting and regulating sewage disposal and garbage removal from
  said vessels and use of toilets thereon. The term "sewage"  as  used  in
  this subdivision shall mean all human body wastes.
    e.  Designating  public anchorage area or areas and regulating the use
  thereof.
    (2) The provisions of this  subdivision  shall  not  apply  to  waters
  within  or  bounding  an  incorporated  village to a distance of fifteen
  hundred feet from the shore,  jurisdiction  with  respect  to  which  is
  vested  in  the  board  of  trustees  of  a village by the provisions of
  subdivision one of section forty-six-a of the navigation law.
    18. Shellfish. a. Regulating the  taking  and  the  manner  of  taking
  clams,  oysters,  scallops and other shellfish from the lands of or from
  waters over the lands of
    (1) a town vested with the title to, or  holding  a  lease  on,  lands
  under  tidewater  in any harbor, bay or creek, and vested with the right
  of fishing, or
    (2) the trustees of the freeholders and commonalty of a town in  which
  such  trustees  are  vested  with  title  to such lands and the right of
  fishing, provided that such trustees shall file with the town  clerk  an
  application in writing therefor.
    b.  Such  ordinance  in either case shall not be less restrictive than
  the environmental conservation law or, where  such  law  authorizes  the
  department  to  establish  lesser  restrictions,  the  regulations  made
  pursuant to such law, and may provide
    (1) that no dredge or scrape shall be used for such purpose except  by
  a lessee upon lands held by such lessee under lease;
    (2) that no dredge or scrape shall be on board of any boat except that
  of  a  lessee  while upon water covering lands held by such lessee under
  lease and while navigating between the dock, anchorage or  moorage  used
  by such lessee and such leased land;
    (3)  that no dredge or scrape shall be on board of any boat while used
  for taking shellfish from such lands except by a lessee of lands  as  in
  this subdivision provided;
    (4)  that  each  person  upon  a  boat upon which there is a dredge or
  scrape except as in such ordinance permitted by  a  lessee  shall  be  a
  violator of such ordinance;
    (5)  That no person shall take any shellfish from such lands, except a
  lessee from lands held by such lessee under lease,  unless  such  person
  shall  have  received  from  the proper and duly constituted authority a
  written license or permit permitting such person to take such shellfish,
  and a license or permit granted to any person shall upon  such  person's
  conviction of a violation of such ordinance, be terminated and void; and
    (6)  that  any  person  making unlawful entries upon such lands may be
  proceeded against by injunction to restrain  a  continuing  trespass  as
  well as for violation of said ordinance.
    c.  Such ordinance shall not apply to the use of a dredge or scrape by
  the owner, the town or  such  trustees,  for  the  purpose  of  removing
  diseased  or blighted shellfish from such lands or to any operation by a

  town or such trustees incident to transplanting  shellfish  within  such
  town.
    19. Trespass. Prohibiting trespass to public and private property, for
  the  purpose  of protection and preservation of the property of the town
  and of its inhabitants and of peace and good order.
    20. Hotels, inns,  boarding  houses,  etc.  Regulating  hotels,  inns,
  boarding  houses, rooming houses, lodging houses, associations, clubs or
  any building or part of a building  used  in  the  business  of  renting
  rooms, individual or several, and also private sanatoriums, convalescent
  homes,  homes  for  aged  or indigent persons, day nurseries, hospitals,
  rest homes or any building or  part  of  a  building  used  for  similar
  purposes,  containing  a total number of beds, cots or similar equipment
  providing sleeping accommodations for more than five persons; specifying
  the type of construction, the manner of their running and operation  and
  prescribing regulations assuring proper sanitation, cleanliness and fire
  protection.
    21.  House trailer camps, tourist camps and house trailers. Regulating
  house trailer camps, tourist camps or similar establishments;  requiring
  approval of suitable plans for house trailer camps and tourist camps and
  prescribing   regulations   therefor   including   provision  for  sewer
  connection, water supply, toilets, bathing facilities, garbage  removal,
  registration  of  occupants,  inspection  of  camps.  The town board may
  either adopt the provisions of the  sanitary  code  established  by  the
  public  health  council  or  may  formulate  other rules and regulations
  relating to house trailer camps, tourist camps or similar establishments
  not inconsistent with  the  provisions  of  such  state  sanitary  code.
  Regulating  the parking, storage or otherwise locating of house trailers
  when used or occupied as living or sleeping quarters in any part of  the
  town  outside an established house trailer camp, tourist camp or similar
  establishment; providing time limits on duration of  the  stay  of  such
  house trailers and requiring registration of such house trailers when so
  used.
    22.  Air-ports  and  flying  fields.  Regulating  air-ports and flying
  fields, and property or spaces adjacent  thereto  occupied  or  used  in
  connection  therewith or in the operation thereof for the purpose of the
  parking or accommodation of automobiles or other vehicles; locating  and
  regulating  the  flow  of vehicular traffic in, to and from such used or
  occupied spaces; requiring that such used or  occupied  spaces  be  kept
  free  of  stagnant  pools of water and other disagreeable odor producing
  causes; requiring proper and  adequate  sanitary  facilities,  including
  toilets,  water  supply,  and  garbage  or  waste containers at suitable
  locations thereon and providing for the proper removal of  the  contents
  thereof,  and that such spaces be otherwise kept in a clean and sanitary
  condition; requiring that any such used portions  thereof  be  kept  and
  maintained free from dust by the use of oil or other preventative, or by
  other  means;  requiring  that  the owner thereof adequately police such
  properties to prevent the commission of crime and/or injury to person or
  property while thereon.
    23. Sand pits, quarries, top soil and  other  excavations.  Regulating
  the  manner  of  construction  on, removal of material from, filling up,
  draining, cleaning, operating and using any lands or other premises  for
  sand or gravel pits, stone quarries, stripping of top soil, or for other
  excavation  purposes  and  prohibiting  the  use  of  any lands or other
  premises for the aforesaid  purposes  which  do  not  comply  with  such
  regulations.
    23-a. The town board of the town of Southold in the county of Suffolk,
  is authorized to regulate by ordinance consistent with the provisions of

  the  public health law and any other general law the raising and keeping
  of ducks within such town.
    24.  Riding  stables and riding academies. Regulating, controlling, or
  prohibiting riding stables, riding academies, or similar establishments;
  requiring approval  of  plans  for  the  construction  and  location  of
  stables;  prescribing  regulations  for  the  care of horses; regulating
  bridle paths and bridle trails; prohibiting or regulating  night  riding
  of horses; and otherwise providing for the care and safety of horses and
  riders.
    25. Building lines. Establishing building lines in a public highway or
  highways and requiring all buildings hereafter erected to be within such
  lines.
    26.  Air  guns. Regulating or prohibiting the possession, sale and use
  of air guns, spring guns or other instruments or weapons  in  which  the
  propelling force consists of springs or air.
    27.  Firearms.  In the towns of Huntington, Babylon, Smithtown, Islip,
  Brookhaven, Riverhead and Southampton, in the county of Suffolk, in  the
  town of Niskayuna in the county of Schenectady, in the town of Ramapo in
  the  county of Rockland, in the towns of Irondequoit, Greece, Pittsford,
  Brighton, Penfield, Perinton, Webster and Gates in the county of Monroe,
  in the town of Colonie in the county of Albany,  and  in  the  towns  of
  Vestal  and  Union  in the county of Broome prohibiting the discharge of
  firearms in areas in which such activity may be hazardous to the general
  public or nearby residents, and providing for the posting of such  areas
  with  signs  giving  notice of such regulations, which ordinances, rules
  and regulations may be more, but not less, restrictive  than  any  other
  provision  of  law.  Thirty  days prior to the adoption of any ordinance
  changing the five hundred foot rule,  a  notice  must  be  sent  to  the
  regional  supervisor  of fish and game of the environmental conservation
  department, notifying him of such intention.
    28. Billiard rooms. In towns,  subject  to  a  permissive  referendum,
  setting  the  minimum  age  of  minors  to  be allowed upon the premises
  provided, however, that an ordinance shall only allow  such  minor  upon
  the  premises  when  accompanied  by  adult  supervision  as  part of an
  organized youth activity. For purposes of this subdivision an  organized
  youth  activity  shall  not  include  activities  sponsored primarily by
  persons under eighteen years of age.
    29. Loitering. Prohibiting and punishing loitering; provided  however,
  that  such ordinance or law shall only prohibit loitering for a specific
  illegal purpose or loitering in a specific place  of  restricted  public
  access  and  shall  therein set forth guidelines for application of such
  prohibitions by law enforcement officers so as to prevent  arbitrary  or
  discriminatory enforcement of such prohibitions.