[HISTORY: Adopted by the Board of Trustees
of the Village of Canton 11-10-1975 by L.L. No. 5-1975 as Ch. 104 of the 1975
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Hawking and peddling — See Ch.
198, Art.
II.
Circuses and public entertainment — See Ch.
198, Art.
IV.
Vehicles and traffic — See Ch.
312.
[Amended 8-22-2011 by L.L. No. 8-2011]
No person shall make or indulge in any fight,
riotous demonstration or disturbance or make or cause unreasonable
noise at any house or property or within any building within the Village
of Canton, or upon any street, park or public place, nor shall any
person appear upon any public street or place in an intoxicated condition.
No male person, while upon or in any street,
alley or public place within the Village of Canton or while in any
place adjoining such public street or public place, shall offer or
give any offensive attentions to any female person, nor make any insulting
or derogatory remark to any such female. No person shall make any
insulting, obscene or derogatory remark concerning any person while
he or she is passing upon any street, alley or public or private place
in said village. No male person shall, with intent to annoy any female
person, follow such female person against her wishes.
No person shall use any profane, vulgar, threatening
or obscene language or sing any indecent or immoral song in or upon
any public street, alley or public place, within any public building
in the Village of Canton or that may be heard upon or within the above-named
places.
It shall be unlawful for three or more persons
to gather together into crowds or mobs in any public street or place
within the village in such manner that does or may interfere with
the good order or peace of said village; nor shall such persons parade
or make demonstrations derogatory to the state or national government.
It shall be unlawful for any person to have
or keep a house, building, room, tent, enclosure or place in the Village
of Canton in which any table, cards, dice, device or apparatus whatever,
commonly used or intended to be used for gambling purposes, shall
be used or kept whereon or with which money shall be wagered or in
any manner played for. It shall be lawful for any public officer,
the Village Mayor or any Trustee of the Village of Canton to enter
any such building, room, tent, enclosure or place and take possession
of any such table, cards, dice, device or other apparatus therein,
and to deliver the same to any magistrate of said village. It shall
be unlawful for any owner, keeper, clerk, agent, tenant or person
in charge of or in any such house, building, room, tent, enclosure
or place, or connected therewith, to refuse to permit any police officer,
the Mayor or any Trustee of the Village of Canton, to enter the same
or obstruct or resist any such officer, Mayor, Trustee or any other
person or persons summoned by him or them to assist in entering such
place or in taking possession of any such table, cards, dice, device
or apparatus.
It shall be unlawful for the proprietor or person
in charge of any billiard room, poolroom or place where games of chance
are played or carried on, or permitted as a business or in connection
with any business in the Village of Canton, to permit any minor under
the age of 16 years to remain in or about, or loiter in, any such
place unless accompanied by his or her parents or legally appointed
guardian.
It shall be unlawful for the proprietor or person
in charge of any restaurant or place where liquor or intoxicating
beverages are sold in the Village of Canton to permit any minor under
the age of 16 years to remain in or about or loiter in any such place,
unless accompanied by his or her parents or legally appointed guardian.
No person shall, in the Village of Canton, act
in the capacity of waiter, attendant or servant in any gambling house,
tent, enclosure or place in which any game of chance or skill shall
be played for money or property or things representing money or property.
No person in the Village of Canton shall knowingly
frequent any house, building, room, tent, enclosure or place in which
any table, cards, dice, device or apparatus shall be set up or used
for gambling purposes, or in which any game of chance or skill shall
be played for money or property or things representing money or property
with the intent, by his presence or otherwise, to aid and encourage
any person or persons in any such house, building, room, tent, enclosure
or place engaged in any such game of chance or skill.
No person or persons shall play at ball, throw
stones, snowballs or other missiles, or shoot with an air or spring
gun, or in any way engage or participate in any act, amusement or
practice endangering property or persons on the streets, sidewalks
or public grounds within the Village of Canton.
It shall be unlawful for any person or persons
to ring or cause to be rung any bell or other instrument, or to operate
a radio or radio sound truck or any amplification system for the purpose
of advertising or selling merchandise or otherwise, unless a license
therefor in writing is first granted by the Board of Trustees, which
license must state the date and hours such permit covers.
No person, while using a sprinkling cart or
hose for sprinkling streets or any other purpose within the village,
shall carelessly or maliciously throw water upon any person, animal,
vehicle or any other things of value belonging to another.
No person shall at any time swim or bathe in
any of the waters of or adjoining the Village of Canton unless covered
with some proper garment.
No person shall solicit alms within the Village
of Canton without the written consent of the Mayor or the Village
Clerk.
No person or persons shall willfully obstruct
any crosswalk or sidewalk, or any passage into any church, theater,
hotel, public hall, railway depot or school building within the village.
No owner or person in charge of any church,
theater, school or place of public entertainment within the Village
of Canton shall permit the aisles or exits thereof to be blocked by
chairs or in any other manner during public service or entertainment;
nor permit any person, except the regularly appointed ushers, during
any services or entertainment, to stand or sit in the aisles, foyer,
vestibule, stairs or other places in such church, theater or place
of service or public entertainment over and through which persons
in the audience could pass for the purpose of leaving the building
in case of fire.
A. No person shall willfully interfere with or injure
any public or private property within the Village of Canton.
B. No person or persons shall willfully, carelessly or
maliciously break, deface or in any way injure any of the public lamps
or lamp posts, any street sign or the post on which such sign is erected,
fire alarm boxes or wires or any property belonging to or entrusted
to the village.
C. Any injury or damage caused to any public or private
sidewalk, whether such injury or damage was willfully or unintentionally
done, must be repaired or replaced by the person, firm or corporation
causing or responsible for the damage. Failure to make such repairs
or replacements within a reasonable time shall be deemed a violation
of this chapter.
A. No person over 12 years of age shall coast or ride
or use any tricycle, bicycle or other vehicle upon any sidewalk.
B. No person shall fasten a sled or sleds, wagon or wagons,
to any moving or standing vehicle or train, or ride thereon while
so attached, on any street or avenue within the village. No driver
of such vehicle, car, etc., shall knowingly permit this to be done.
This provision shall not apply to the fastening of a licensed trailer
to any such moving or standing vehicle.
No person shall roller-skate upon the sidewalks
in the business section of this village.
No person shall spit upon the floor of any public
building within the Village of Canton nor expectorate, vomit upon,
or use as a toilet the sidewalk or crosswalk of any street, avenue,
park or public grounds within the village.
No person or persons shall stand, be or remain
in or upon any of the public streets, sidewalks or bridges in the
Village of Canton in such a manner as to obstruct the free and uninterrupted
passing and repassing of any person or persons; and no person shall
idly sit, stand or lounge upon or in any street or bridge or sit,
lounge, stand or be upon any stoop or platform except with the consent
of the owner or occupant of the premises to which such stoop or platform
is attached, within the limits of the village; nor shall it be lawful
for any person or persons, except the occupant, to idly sit, stand
or lounge upon any stoop, sidewalk or platform attached to or before
any store, dwelling house or other building after the owner or occupant
of said store or building shall have closed said store or retired
for the night in said dwelling; nor shall it be lawful for any person
or persons to idly sit, stand or lounge at the entrance to or in any
hallway, passageway or vestibule of any church, hall, theater, school
or public place.
No person, firm or corporation shall make any
noise or disturbance nor shall allow any noise or disturbance to be
made on the Sabbath during the hours of public worship that shall
in any manner interfere with or disturb any religious services or
the person or persons attending such services.
It shall be unlawful for any person, adult or
infant, to play in or about buildings under construction, or upon
or about lumber or other building materials to be used in the construction
of buildings.
No person shall drive or propel any tractor
or machine or haul or drag anything along or upon any public street
or place within the village that may or does injure the street, pavement
or surface of the same.
No person or individual shall distribute or
peddle free samples or merchandise, handbills, pamphlets, tracts or
other like matters in the streets, or by going from house to house,
or by placing the same in any vehicle, in the Village of Canton, unless
permission therefor has been given by the Mayor or the Village Clerk.
Dances are hereby prohibited in all buildings
in the Village of Canton in which liquor is sold, restaurants or ice
cream parlors conducted, or in any other public places in said village
unless a license signed by the Clerk of the village, after the same
has been authorized by the Board of Trustees, has been obtained therefor,
which license may limit the time at which said dances may be held
and shall expire the first of May following its issue.
[Amended 2-18-1986 by L.L. No. 2-1986; 8-21-1998 by L.L. No.
13-1998; 7-19-1999 by L.L. No. 6-1999]
A. Any person who is found to have violated any provision
of this chapter shall be guilty of disorderly conduct and shall be
subject to pay a mandatory fine in an amount to be fixed by the court,
subject to the following parameters:
[Amended 8-22-2011 by L.L. No. 6-2011]
(1) For the first such offense the fine shall be in the
minimum amount of $250 and shall not exceed $500.
(2) For the second such offense the fine shall be in the
minimum amount of $500 and shall not exceed $1,000.
(3) For the third such offense (and for each subsequent
offense) the fine shall be in the minimum amount of $1,000 and shall
not exceed $1,500.
B. In addition to the mandatory fine for each offense
such person may be directed to perform community service upon such
terms and conditions as the court may set, not to exceed 25 hours.
C. In addition to the mandatory fine and to any community
service obligation, for each offense such person may be punished by
imprisonment in the St. Lawrence County Jail for a term not to exceed
15 days.
[Added 8-21-2000 by L.L. No. 9-2000]
D. The fine imposed by the court shall be directed by
written order of the court containing the amount thereof required
to be paid by the defendant. A certified copy of such order may be
filed with the St. Lawrence County Clerk and if filed shall be entered
by the St. Lawrence County Clerk in the same manner as a judgment
in a civil action in accord with Civil Practice Law and Rules § 5016
and may be collected in the same manner as a civil judgment in a civil
action.
[Added 8-21-2000 by L.L. No. 9-2000]
As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
Includes the words "firm" or "corporation."
[Amended 8-31-1983 by L.L. No. 5-1983; 7-15-1991 by L.L. No.
7-1991]
A. No person shall have in his possession any open bottle
or container containing or which previously contained liquor, beer,
wine or other alcoholic beverage while such person is on any public
highway, public street, public sidewalk or public place, except those
premises duly licensed for sale and consumption of alcoholic beverages
on the premises, within the Village of Canton, St. Lawrence County,
New York, with the intent of the possessor or another person to consume
any such beverage in such vehicle or public place or to perform any
independently unlawful act.
B. Such an open bottle or open container in any vehicle
shall be presumptive evidence that the same is in the possession of
all occupants thereof and in violation hereof.
C. Possession by any person of an open bottle or container
which contains or previously contained liquor, beer, wine or other
alcoholic beverage shall be presumptive evidence of the consumption
of such beverage by such person and of the intent of such person to
consume such beverage.
D. The public consumption or attempted public consumption
of such beverage from such open container shall be presumptive evidence
that the same was possessed with the intent to consume such beverage.
E. Penalties for offenses.
[Amended 8-21-1998 by L.L. No. 14-1998; 7-19-1999 by L.L. No. 5-1999]
(1) Any person who is found to have violated any provision
of this section shall be subject to pay a mandatory fine in an amount
to be fixed by the court subject to the following parameters:
[Amended 8-22-2011 by L.L. No. 7-2011]
(a)
For the first such offense the fine shall be
in the minimum amount of $250 and shall not exceed $500.
(b)
For the second such offense the fine shall be
in the minimum amount of $500 and shall not exceed $1,000.
(c)
For the third such offense (and for each subsequent
offense) the fine shall be in the amount of $1,000 and shall not exceed
$1,500.
(2) In addition to the mandatory fine for each offense
such person may be directed to perform community service upon such
terms and conditions as the court may set, not to exceed 25 hours.
(3) In addition to the mandatory fine and to any community
service obligation, for each offense such person may be punished by
imprisonment in the St. Lawrence County Jail for a term not to exceed
15 days.
[Added 8-21-2000 by L.L. No. 10-2000]
(4) The fine imposed by the court shall be directed by
written order of the court containing the amount thereof required
to be paid by the defendant. A certified copy of such order may be
filed with the St. Lawrence County Clerk and if filed shall be entered
by the St. Lawrence County Clerk in the same manner as a judgment
in a civil action in accord with Civil Practice Law and Rules § 5016
and may be collected in the same manner as a civil judgment in a civil
action.
[Added 8-21-2000 by L.L. No. 10-2000]
F. The foregoing prohibitions 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 laws and
regulations of the Village of Canton; this exception, however, shall
apply only to the public property in the Village of Canton upon which
the alcoholic beverages are dispensed.