Legal Opinion

Opn. No.

New York Attorney General Reports

Decided July 14, 1992Published

1Opinion of the Court

Requestor: William P. Schmitt, Esq., Village Attorney Village of Clinton 185 Genesee Street, Suite 1220 Utica, N.Y. 13501-2109

Written by: Joseph Koczaja, Assistant Attorney General

You have asked whether the Village of Clinton may adopt a local law or ordinance requiring local businesses such as retail convenience stores, pizza parlors and private snowplowing services to cease their business operations from 2:00 a.m. to 6:00 a.m. The proposed local law is in response to complaints about the noise, light and traffic generated by these businesses.

Under the State Constitution, local governments,…

2Cases cited12 opinions

  1. Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
  2. Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976
  3. People v. GoodmanNew York Court of Appeals · 1972
  4. People v. De JesusNew York Court of Appeals · 1981
  5. People v. BunisNew York Court of Appeals · 1961

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