The legislative body of the Town of Haverstraw makes the following findings::
A. There have been many citizen complaints directed to the
Supervisor and local officials concerning the incidence of persons gathering
in the public areas of the town and around shopping centers without a legitimate
reason for being there. Also, on investigating these complaints, it is found
that in the places complained of extremely large quantities of refuse, beer
cans, beer bottles and other litter have been found to accumulate. In addition,
it has been recognized that such illegitimate gatherings have discouraged
citizens from utilizing these areas.
B. Surrounding towns have passed laws prohibiting loitering
in public places and shopping centers in their towns. The complaints indicate
and the investigations show that such illegitimate gatherings very often are
participated in by very large groups of people and are associated with noise
and rowdiness in addition to litter. It is anticipated that persons who participate
in this kind of activity are likely to continue such behavior in areas which
have no law regulating this type of behavior.
C. It is also found that where this kind of illegitimate
gathering occurs, acts of vandalism have been found to occur and damage to
public and private property has been sustained. It is also found that the
protection of the health, safety and welfare of the community requires action
in the public interest to regulate such behavior. It is also found that persons
gathering in such public places and shopping centers do so without legitimate
reasons for being there.
A person is guilty of loitering when he:
A. Loiters, remains or wanders about in a public place for
the purpose of begging.
B. Loiters or remains in a public place for the purpose
of gambling with cards, dice or other gambling paraphernalia.
C. Loiters or remains in a public place for the purpose
of engaging, or soliciting another person to engage, in deviate sexual intercourse
or other sexual behavior of a deviate nature.
D. Being masked or in any manner disguised by unusual or
unnatural attire or facial alteration, loiters, remains or congregates in
a public place with other persons so masked or disguised, or knowingly permits
or aids persons so masked or disguised to congregate in a public place; except
that such conduct is not unlawful when it occurs in connection with a masquerade
party or like entertainment.
E. Loiters or remains in or about school grounds, not having
any reason or relationship involving custody of or responsibility for a pupil
or student or any other specific legitimate reason for being there and not
having written permission from anyone authorized to grant the same.
F. Loiters or remains in a shopping center unless specifically
authorized to do so.
Any person violating any of the provisions of this chapter shall be
punished, upon conviction, by a fine of $250 or imprisonment for a term of
15 days for an offense. Each day that a violation of or failure to comply
with any provision of this chapter or any regulations promulgated hereunder
by the Town Board occurs shall constitute a separate and distinct violation.