[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn 11-12-1975 by L.L. No. 2-1975 (Ch. 27 of the 1977
Code). Amendments noted where applicable.]
This chapter shall be known and cited as the "Offenses Local
Law of the Village of Hillburn."
A.
Word usage. When not inconsistent with the context, words used in
the present tense shall include the future tense, words in the plural
number shall include the singular number, and words in the singular
number shall include the plural number. The word "shall" is always
mandatory and not merely directory.
B.
LOITER
PERSON
PUBLIC PLACE
VILLAGE
VILLAGE BOARD or BOARD
Definitions. For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein.
Remaining idle in essentially one location and includes the
concept of spending time idly; to be dilatory; to linger; to stay;
to saunter; to delay; to stand around; and shall also include the
colloquial expression "hanging around."
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any place to which the general public has access and a right
to resort for business, entertainment or other lawful purposes, but
does not necessarily mean a place devoted solely to the uses of the
public. The term "public place" shall also include the front or immediate
area of any store, shop, restaurant, tavern or other place of business,
and also public grounds, areas or parks.
The Village of Hillburn.
The Village Board of Trustees of the Village of Hillburn.
A.
It shall be unlawful for any person to loiter, loaf, wander, stand
or remain idle, either alone and/or in consort with others, in a public
place in such manner so as to:
(1)
Obstruct any public street, highway, sidewalk or any other public
place or building by hindering or impeding or tending to hinder or
impede the free and uninterrupted passage of vehicular traffic and/or
pedestrians.
(2)
Commit in or upon any public street, public highway, public sidewalk
or any other public place or building, any act or thing which is an
obstruction or interference to the free and uninterrupted use of property
or with any business lawfully conducted by anyone in or upon or facing
or fronting on any public street, public highway, public sidewalk
or any other public place or building; all of which prevent the free
and uninterrupted ingress, egress and regress therein, thereon and
thereto.
B.
No person shall disturb, tend to disturb or aid in disturbing the
peace of others by violent, tumultuous, offensive or obstreperous
conduct, and no person shall knowingly permit such conduct upon any
premises owned or possessed by him or under his control.
C.
No person shall maliciously, wantonly, negligently, or otherwise,
remove real property or improvements thereto or belonging thereto
or belonging to the Village or any person in the Village.
D.
No person shall throw or permit to be deposited or scattered upon
any sidewalk, alley, street, bridge or public passageway or upon any
private property, any waste or other material of any kind, unless
in an area designated as a junkyard, pursuant to the Building Zone
Ordinance of the Village.[1]
E.
No person shall fasten in any way any show card, poster or other
advertising device upon public or private property in the Village
unless legally authorized to do so.
F.
No person shall trespass upon any public or private property within
the limits of the Village.
G.
No person shall tamper with, injure, deface, destroy or remove any
sign, notice, marker, fire alarm box, fire hydrant, topographical
survey, monument or any other personal property erected or placed
by the Village.
When any person causes or commits any of the conditions enumerated in § 172-3A through G herein, a police officer or any law enforcement officer shall order that person or persons to stop causing or committing such conditions. Any person who fails or refuses to obey such orders shall be guilty of a violation of this chapter.
A.
Any person who violates any of the provisions of this chapter shall
be subject to a fine not exceeding $100 or by imprisonment not exceeding
six months, or both. Any such violation shall constitute a separate
offense on each succeeding day continued.
B.
In addition to the above-provided penalties and punishment, the Village
Board may also maintain an action in the name of the Village, in any
court of competent jurisdiction, to compel compliance with or to restrain,
by injunction, the violation of this chapter.