Town of Holland, NY Chapter 79 Loitering

[HISTORY: Adopted by the Town Board of the Town of Holland 8-12-1981; amended in its entirety 3-12-2003 by L.L. No. 3-2003. Subsequent amendments noted where applicable.]

§ 79-1 Applicability.

This chapter shall be applicable to all private and public properties described herein or owned by the Town of Holland within the Town of Holland.

§ 79-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

LOITER

To stand around, lounge, congregate or remain in a parked motor vehicle at a public place or place open to the public and to engage in any conduct prohibited under this chapter. "Loiter" also means to collect, gather, congregate or be a member of a group or of a crowd of people who are gathered together in any public place or place open to the public and to engage in any conduct prohibited under this chapter.

PLACE OPEN TO THE PUBLIC

Any place open to the public or any place to which the public is invited and in, on or around any privately owned place of business, private parking lot or private institution, including places of worship or any place of amusement and entertainment, whether or not a charge of admission or entry thereto is made. It includes the elevator, lobby, halls, corridor and areas open to the public of any store, office or apartment building as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this chapter or, in the case of a minor, not owned by or under the control of his parent or guardian.

PUBLIC PLACE

Any public street, road or highway, alley, lane, sidewalk, crosswalk or other public way or any public resort, place of amusement, park, playground, public building or grounds appurtenant thereto, school building or school grounds, public parking lot or any vacant lot.

§ 79-3 Prohibited conduct.

A. It shall be unlawful for any person to loiter at, on or in a public place or place open to the public in such a manner:

(1) As to interfere, impede or hinder the free passage of vehicular traffic.

(2) As to interfere with, obstruct, harass, curse or threaten or do physical harm to another member or members of the public.

(3) So that, by words, acts or other conduct, it is clear that there is a reasonable likelihood to result in a breach of the peace or disorderly conduct.

B. It shall be unlawful for any person to loiter as defined in § 79-2 herein at a public place or place open to the public and to fail to obey the direction of a uniformed police officer and/or peace officer or the direction of a properly identified police officer and/or peace officer not in uniform to move on when not to obey such direction shall endanger the public peace.

§ 79-4 Exceptions.

A. A gathering of persons shall not be considered to be guilty of loitering if it has a legitimate purpose for being in the public place or shopping center.

B. Nothing herein shall be construed to prohibit orderly picketing or other lawful assembly.

§ 79-5 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person violating any of the provisions of this chapter shall be punished, upon conviction, by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. 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, it shall constitute a separate and distinct violation.

§ 79-6 Severability.

If any provision of this chapter shall be invalidated by any court, such provision shall be deemed severable, and the remaining provisions shall continue in full force and effect.