[HISTORY: Derived from Articles VII and VIII
of Chapter 65 of the 1975 Compilation, as amended through 1996. Subsequent
amendments noted where applicable.]
A.
No person shall loiter in or around public buildings
or obstruct corridors, stairways or doorways so as to prevent free
access by members of the public, officers or employees. No person
shall by his presence or by means either alone or in consort with
others interfere with or interrupt the conduct of business in the
offices located in any such buildings.
B.
No person shall loiter in or upon any public sidewalk,
street, public building or place or obstruct the use thereof so as
to prevent free and reasonable access by other members of the public
or prevent the exercise of duties by public officers or employees.
A.
Legislative intent and purpose.
(1)
The Common Council finds that the unrestricted consumption
of alcoholic beverages in certain public places often leads to disorders
and related problems as well as the littering of such public places
and is disturbing to the public and threatens peace and good order.
(2)
The purpose of the chapter is to prohibit the consumption
of alcoholic beverages in public places in order to prevent disorderly
behavior and the littering of public places; and to protect the public
health, safety and welfare and to promote the public good.
B.
Consumption of alcoholic beverages in public places.
(1)
Prohibited. No person shall, within the City of Oneonta,
drink or otherwise consume liquor, wine, beer or other alcoholic beverages
while such person is in or upon any public sidewalk, street, highway,
parking lot, public park or such other public place as defined by
§ 240.00 of the Penal Law of the State of New York.
(2)
Possession of open containers. No person shall carry or have in his or her possession, within the City of Oneonta, any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in Subsection B(1) of this section.
(3)
Presumptions.
(a)
The possession of an open bottle or open container
unwrapped or which has the top exposed in a public place as herein
defined shall be presumptive evidence that such open bottle or open
container is intended to be consumed in a public place.
(b)
An open bottle or open container in any vehicle
while in or on any public sidewalk, street, highway, parking lot,
public park or other public place, as defined by § 240.00
of the Penal Law of the State of New York, shall be presumptive evidence
that the same is in the possession of the driver.
C.
Exceptions.
(1)
The foregoing prohibition shall not apply in the event
of a fair, picnic or other community gathering for which special permission
has been granted by the City of Oneonta.
(2)
The foregoing prohibitions shall not apply to the
transportation of an unsealed but not open container across public
lands of the City of Oneonta from one point to another with no intent
to consume the contents of such open container while upon public lands.
[Added 2-16-2010 by Ord. No. 1-2010]
No person shall urinate or defecate: a) in a public place, whether
indoors or outdoors, except in a designated public rest room or designated
portable toilet; or b) outdoors on private property, if reasonably
visible from a public place; or c) outdoors on private property, if
not visible from a public place, without the express permission of
the owner.
[Added 2-16-2010 by Ord. No. 1-2010]
No person shall fight with another person or persons, or attempt
to fight or engage or provoke another person to fight: a) in a public
place, whether indoors or outdoors; or b) outdoors on private property,
if reasonably visible from a public place; or c) outdoors on private
property, if not visible from a public place, without the express
permission of the owner.
Excepted from this statute is participation in a duly authorized
sporting event, a supervised educational activity, or a supervised
recreational activity.
"Fight" shall be defined as a physical conflict between two
or more individuals.
A.
Play streets. Nothing in this section shall prohibit
the setting aside of streets, or sections thereof, for a limited period
of time for playground or other temporary lawful purposes by the Common
Council, under proper supervision. Such streets or sections thereof,
while used for playground purposes, shall be blocked from traffic
and properly marked and policed.
B.
Riding bicycles on sidewalks.
(1)
No persons of any age shall ride any bicycle upon
or along any sidewalk or pathway set aside for pedestrians upon either
side of Main Street between the intersection of River and Main Streets
and the intersection of Elm and Main Streets, which are public streets
in the City, except handicapped persons who are unable to walk.
[Amended 5-16-2006 by Ord. No. 5-2006]
(2)
No person over the age of 12 years shall ride any
bicycle upon or along any sidewalk or pathway set aside for pedestrians
in any public street of the City, except handicapped persons who are
unable to walk.
C.
Other transport devices.
(1)
It shall be unlawful for any person to operate roller
skates, skateboards, scooters, skis, sleds, coasting devices or other
similar types of nonmotorized recreational and sports equipment with
wheels or runners upon the streets of the City, except on such streets
and such times as the Common Council may designate from time to time.
(2)
Bicycles and other vehicles covered by the New York
State Vehicle and Traffic Laws are exempt from this section.
D.
Sidewalk use.
(1)
It shall be unlawful for person to operate roller
skates, skateboards, scooters, skis, sleds, coasting devices or other
similar types of nonmotorized recreational and sports equipment with
wheels or runners on or along any sidewalks or pathways set aside
for pedestrians in the following areas or upon such sidewalks as the
Common Council may designate from time to time:
(a)
Main Street from River Street to Walling Avenue.
(b)
Chestnut Street from Market Street to the Intersection
of Chestnut Street and West Street.
(c)
Wall Street.
(d)
Dietz Street from Main Street to Walnut Street.
(e)
Ford Avenue from Main Street to Walnut Street.
(f)
South Main Street.
(g)
Market Street from Main Street to Division Street.
(h)
Elm Street from Main Street to Walnut Street.
(i)
Maple Street from Main Street to the intersection
at Walnut Street.
(j)
James F. Lettis Highway.
(2)
It shall be unlawful for any person to operate such
vehicles within the confines of any public parking area or within
the confines of Huntington Memorial Park.
(3)
It shall be unlawful for any person to operate a skateboard
without the use of protective headgear.
(4)
It shall be unlawful to use any such device within
20 feet of any pedestrian.
(5)
Such device may only be used during the hours of daylight.
(6)
It shall be unlawful for three or more persons to
operate such devices within 100 feet of any other such device.
E.
Anything heretofore notwithstanding this Subsection D shall not apply to any device or vehicle commonly used to transport handicapped or disabled persons either with or without assistance of another person or under its own power. Also exempt from this provision shall be the use of any such vehicle when used under direct parental or guardian in loco parentis supervision.
[Added 5-21-2019 by Ord.
No. 1-2019]
A.
No person or business entity, whether for profit, or not for profit,
may operate any personal transportation device business within the
City except as may be authorized from time to time and approved by
the Common Council.
B.
Any personal transportation device for rent or hire, located or left
on any street, or in or upon any right-of-way in the City may be taken
therefrom by the City, retained by the City and treated as abandoned
property.
C.
This provisions shall not apply to any taxi or car rental business
currently regulated by either the City or the State of New York.
No person shall repair or service any vehicle
as defined in Vehicle and Traffic Law § 159 in any public
street, highway or place in the City, except in an emergency or breakdown.
A.
Public places. It shall be unlawful for any person
to attach, place, paint, write, stamp or paste or cause to be attached,
placed, painted, written, stamped or pasted any sign, advertisement
or other matter upon any lamppost, electric light, railway, telephone
or telegraph pole, shade tree, fire hydrant or boxes covering them;
or on any bridge, pavement, portion of any sidewalk or crosswalk,
public building or any other property or thing belonging to the City,
or on any article or thing within any park.
B.
Private property. It shall also be unlawful for any
person to attach, place, paint, write, stamp or paste or cause to
be attached, placed, painted, written, stamped or pasted any sign,
advertisement or other matter upon any house or part thereof, wall,
fence, gate, post, tree or box without first having obtained written
permission of the owner, agents or occupants of the premises so to
do.
C.
Applicability to baseball parks. Notwithstanding any
other provision of this section to the contrary, it shall be lawful,
with the written permit of the Board of Public Service, for advertising
signs, advertising structures and like devices to be erected or maintained
on the inside of the fence of the enclosed Neahwa Park baseball diamond,
and around the southwesterly boundary of Neahwa Park junior baseball
diamond, provided that such signs, structures and devices are uniform
in height and attractively colored.
It shall be lawful to conduct, witness, participate
or engage in any form of public sports, exercises or shows which are
conducted or engaged in primarily for the entertainment of spectators,
not specifically prohibited by any provision of the law, on the first
day of the week after five minutes past 1:00 p.m., to witness which
the public is invited or an admission fee is charged, either directly
or indirectly, in the City of Oneonta, except auto racing which is
expressly prohibited.
It shall be lawful to conduct or participate
in any public entertainment on the first day of the week after five
minutes past 1:00 p.m., to witness which the public is invited or
an admission is charged, either directly or indirectly, in the City
of Oneonta.
Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code.
