[HISTORY: Adopted by the Town Board of the Town of Smithtown
as Ch. 46 of the 1964 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches and parks — See Ch. 101.
Off-road vehicles — See Ch. 299.
It shall be unlawful for any person to trespass upon private
property within the Town of Smithtown or upon public property of the
Town of Smithtown, except such public property of the Town which shall
be specifically designated for the use by the public.
[Added 3-26-1968]
A person is trespassing within the Town of Smithtown when he
enters or remains unlawfully. A person "enters or remains unlawfully"
in or upon premises when he is not licensed or privileged to do so.
A person who, regardless of his intent, enters or remains in or upon
premises which are at the time opened to the public, does so with
license and privilege unless he defies the lawful order not to enter
or remain, personally communicated to him by the owner of such premises
or other authorized person. A license or privilege to enter or remain
in a building which is only partly open to the public is not a license
or privilege to enter or remain in that part of the building which
is not opened to the public. A person who enters or remains upon unimproved
and apparently unused land which is neither fenced nor otherwise enclosed
in a manner designed to exclude intruders does so with license and
privilege unless notice against trespass is personally communicated
to him by the owner of such land or other authorized person or unless
such notice is given by posting in a conspicuous manner.
Any person, firm, association or corporation violating any of
the provisions of any ordinances of the Town of Smithtown shall be
guilty of an offense punishable by fine or imprisonment, or both;
however, for the purpose of confirming jurisdiction upon courts and
judicial officers, such violations shall be deemed to be misdemeanors,
and for such purposes only all provisions of law relating to misdemeanors
shall apply to such violations. Notwithstanding the foregoing, any
person, firm, association or corporation violating any provisions
of any ordinance of the Town of Smithtown shall be subject to a penalty
in a sum not exceeding $50 for the first such violation and in a sum
not exceeding $100 for any subsequent violation, said penalties to
be recoverable in a civil action in the name of the Town of Smithtown
as damages.
