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VILLAGE OF LANCASTER EXTENDS STATE OF EMERGENCY.


I, William C. Schroeder, the Mayor and Chief Executive Officer of the Village of Lancaster, exercise the authority granted to me under Section 24 of the New York State Executive Law, to hereby proclaim as follows:

Whereas pursuant to a series of executive orders commencing with Executive Order Number 202 issued by the New York State Governor, a state of disaster emergency has been declared throughout the State of New York, which continues to this time;  and,

Whereas; on July 20th 2020, I, as the Mayor and Chief Executive Officer of the Village of Lancaster, declared a state of emergency within the Village of Lancaster, NY. ; and,

Whereas; on August 19th 2020, I, as the Mayor and Chief Executive Officer of the Village of Lancaster, decreed that the aforesaid state of emergency within the Village of Lancaster, NY shall be extended 30 days beginning August 20, 2020; and,

Whereas; on September 20th 2020, I, as the Mayor and Chief Executive Officer of the Village of Lancaster, decreed that the aforesaid state of emergency within the Village of Lancaster, NY shall be extended 30 days beginning September 20, 2020. 

Now, upon reconsideration of all the relevant facts and circumstances, pursuant to New York State Executive Law § 24, I hereby decree that the aforesaid state of emergency within the Village of Lancaster, NY is extended 30 days beginning October 20, 2020.

Further;

It is decreed, pursuant to New York State Executive Law § 24, that parking of motor vehicles upon the 2 spaces on the east side of Central Avenue in the Village of Lancaster north of Clark Street shall continue to be limited to 10 minutes for the purpose of loading or unloading merchandise, live animals or passengers; and,

It is further decreed that, if not already done,  the Village of Lancaster Department of Public Works shall promptly so post the aforesaid 2 spaces in a manner best suited pursuant to the discretion of the Superintendent of Public Works; and,

It is further decreed that once the area is posted by the Department of Public Works as directed above, the Town of Lancaster Police Department is authorized to enforce this directive; and, 

Whereas; pursuant  to New York State Executive Law § 24, I, as Mayor and Chief Executive Officer of the Village of Lancaster, am authorized to suspend local laws, which may prevent, hinder, or delay necessary action in coping with a disaster or recovery therefrom whenever the governor has declared a state disaster emergency; and,

Whereas it would serve the interest of the Village of Lancaster, its residents and businesses in recovering from the COVID-19 crisis if restrictions upon outdoor service imposed upon eating and drinking establishments within the Village of Lancaster by the Lancaster Village Code were suspended;

Now, I, as the Mayor and Chief Executive Officer of the Village of Lancaster, hereby decree as follows:

That § 350-95 of Article XII of Chapter 350 of the Village Code requiring eating and drinking establishments within the Village of Lancaster to obtain special use permits for outdoor service of food and drink is hereby suspended; and,

That § 350-94(F) of Article XII of Chapter 350 of the Village Code requiring that the seating capacity of an outdoor facility shall be included when calculating parking requirements as further particularized within Article V of Chapter 350 is hereby suspended; and,

That § 350-97 of Article XII of Chapter 350 of the Village Code requiring eating and drinking establishments within the Village of Lancaster to obtain a certificate of compliance from the Lancaster Village Clerk is hereby suspended; and,

It is further decreed that eating and drinking establishments within the Village of Lancaster which have not received a special use permit to conduct outdoor service may undertake outdoor service provided as follows: 1) such establishment must at all times comply with all State and County executive orders and directives issued in response to the COVID -19 crisis, and 2) such establishment must at all times comply with the following restrictions found within § 350-94 of the Village Code:

A. Outdoor facilities shall be located upon the same parcel as the eating or drinking establishment.

B. No live music or sound produced through electronic speakers shall be permitted.

C. Operation of an outdoor facility shall be limited to the overall hours of operation of the eating or drinking establishment, but in no event shall an outdoor facility be occupied by a patron before 11:00 a.m. or after 10:00 p.m.

D. Outdoor facilities shall be used only for seated patrons. No bars for the service of alcohol shall be permitted.

E. The capacity of an outdoor facility shall be limited to 20 seated patrons; and,

It is further decreed that the Town of Lancaster Police Department, the Village of Lancaster Code Enforcement Officer and the Village of Lancaster Director of Emergency Management are hereby authorized to enforce this directive as it applies to eating and drinking establishments within the Village of Lancaster and may summarily direct any eating or drinking establishment found to be in violation of the restrictions of this directive to cease immediately outdoor service, pending further review;  and,

It is further decreed that this directive shall take effect immediately and thereafter remain in effect until rescinded by a subsequent order.

Mayor William C. Schroeder, Village of Lancaster. NY

October 19 2020

Any person who knowingly violates any local emergency order of a chief executive promulgated pursuant to Section 24(5) of New York State Executive Law is guilty of a class B misdemeanor

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