[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville; Art. I, 12-27-1937 as Sections 1, 2, 6, 7 and 10 of Ordinance II; Art. II, 4-22-1985 as L.L. No. 8-1985. Amendments noted where applicable.]
Article I Prohibited Acts
Article II Alcoholic Beverages
[Adopted 12-27-1937 as Sections 1, 2, 6, 7 and 10 of Ordinance II]
No person shall make or assist in making any improper noise, riot or disturbance in any street, building or elsewhere within the Incorporated Village of Bayville, and no persons shall collect in crowds in any place in said village for unlawful or idle purposes, to the annoyance or disturbance of citizens or travelers.
No person shall publicly use any profane, vulgar or obscene language or be guilty of any vulgar or obscene conduct or expose himself or herself naked or make any indecent exposure of his or her person in any street or public place in the Incorporated Village of Bayville or in any place therein where others are present.
No person shall trespass upon any public or private property within the Incorporated Village of Bayville.
Every owner, part owner, lessee, tenant and occupant of or person interested in any place, water, ground, room, building, erection, vessel, vehicle, matter or thing, within the Incorporated Village of Bayville, shall keep, place and preserve the same, and the sewerage, drainage and ventilation thereof, in such a condition and conduct the same in such a manner that it shall not be a nuisance or be dangerous or prejudicial to life or health.
In addition to the penalties hereinafter set forth for violation of this Article, whenever a condition exists which is contrary to this section and complaint thereof is made to the Mayor of the village, he shall forthwith cause a notice to be served upon the owner, occupant or other person interested in said premises, requiring such person to abate or correct the condition within twenty-four (24) hours after the receipt of such notice.
In case of failure to comply with such notice within said twenty-four (24) hours, the said condition may be abated by the State Commissioner, the Building Inspector, police officer or other officer of the village as may be directed to do so by the Mayor at the expense of the person receiving such notice, such expense to be collected by suit in the name of the village if not paid to the Village Treasurer in five (5) days after demand. Such expense shall be in addition to the penalties for violation of this Article hereinafter provided.
Editor's Note: Former § 46-5, Possession of open containers of alcoholic beverages in public, added 1-22-1979 by L.L. No. 1-1979, was superseded 4-22-1985 by L.L. No. 8-1985. For current provisions, see Art. II of this chapter, Alcoholic Beverages. Local Law No. 1-1979 also provided for the renumbering of former § 46-5, Penalties for offenses, as § 46-6.
[Added 3-10-1980 by L.L. No. 3-1980]
No person shall discharge any pistol, rifle, shotgun or other type of firearm from, on or over any portion of the waters known as "Mill Neck Creek," and no person shall discharge any firearm from the shore or on or over the waters hereinafter specifically described in Subsection B of this section unless he is a peace officer acting in the course of his duty or unless it is reasonably necessary for the protection of life or property.
For the purpose of this section, the waters known as "Mill Neck Creek" are more particularly bounded and described as all those waters lying between the northerly boundary of the Incorporated Village of Mill Neck on the south; the easterly boundary of the Incorporated Village of Lattingtown on the west; on the northwest by the unincorporated area of the Town of Oyster Bay known as the "Hamlet of Locust Valley" (part of which is known as "Davis Park"); on the north by the southerly boundary of the Incorporated Village of Bayville; and on the northeast by the lands lying in the unincorporated area of the Town of Oyster Bay known as "Bayville"; and on the east by a line parallel to and adjacent to the westerly side of said bridge which carries Shore Road across said waters, which line shall run southerly from the northerly side of said waters to the southerly end of said bridge.
[Amended 1-22-1979 by L.L. No. 1-1979; 3-10-1980 by L.L. No. 3-1980]
Any person committing an offense against any provision of this Article shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment.
[Adopted 4-22-1985 as L.L. No. 8-1985]
It is the purpose of this Article to protect the public interest, welfare, health and safety within the Village of Bayville by prohibiting the consumption of alcoholic beverages in public places within the village. The Village Board finds that possession of an open container of alcoholic beverage in a public place within the village has led to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the public peace, littering of the public places and destruction of property. The Village Board finds further that preservation of the public health and prevention of conditions which lead to conduct disturbing the peace attributable to consumption of alcoholic beverages can be accomplished by the prohibition of consumption of alcoholic beverages in public places and by restricting the possession of an open or unsealed container of alcoholic beverages under circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.
For purposes of this Article, the following words or phrases shall have the meanings ascribed to them herein. All other words or phrases shall have the meanings normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- Includes any liquor, beer, wine, spirits, cider or other liquid or solid patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled and capable of being consumed by a human being.
- Any bottle, can, glass, cup or other receptacle of any kind which is suitable for or used for holding any alcoholic beverage.
- PUBLIC LAND
- Includes any public highway, street, alley, sidewalk, parking area or lot, park or playground, public building, transportation facility or any other public facility or ground, whether vacant or improved, within the geographical boundaries of the village.
- The Village of Bayville, New York.
It shall be a violation of this Article for any person to:
The foregoing prohibition shall not apply to consumption of an alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized by license or permit under the laws and regulations of this state and under the regulations of the village or a gathering or function for which permission has been previously granted by the appropriate governing body, board, agency or commission.
For the purposes of this Article, the following rebuttable presumption shall apply: The possession by a person of an open or unsealed container containing an alcoholic beverage, while in or upon public land as described in § 46-9 herein within the village, shall be presumptive evidence that said container is possessed with intent to consume the contents thereof.
This Article shall not apply to any person in violation of § 1227 of the Vehicle and Traffic Law.
Each violation of this Article shall constitute a separate offense and, upon conviction, shall be subject to the following:
For a first offense under this Article, a fine of not less than fifty dollars ($50.) nor more than two hundred fifty dollars ($250.) or by imprisonment for not more than ten (10) days, or by both such fine and imprisonment.
For a second or subsequent offense under this Article, a fine of not less than one hundred dollars ($100.) nor more than two hundred fifty dollars ($250.) or by imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment.
Should any provisions of this Article be judicially determined to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of this Article as a whole, and the remaining provisions hereof shall continue in full force and effect.