[HISTORY: Adopted by the Board of Trustees
of the Village of Tuxedo Park 6-13-1953, amended in its entirety 12-21-1990 by L.L. No.
1-1990. Subsequent amendments noted where applicable.]
This chapter is intended to preserve the public
peace, good order, safety and welfare of the people of the Village
of Tuxedo Park and to regulate the use of public and private premises.
In addition to the definitions contained in Chapter 1 hereof, the following terms shall have the meanings indicated:
In addition to its ordinary meaning, includes any structure,
vehicle or watercraft used for overnight lodging of persons or used
by persons for carrying on business therein, or an enclosed motor
truck trailer. Where a building consists of two or more units separately
secured or occupied, each unit shall be deemed both a separate building
in itself and a part of the main building.
A building which is usually occupied by a person lodging
therein at night.
A person "enters or remains unlawfully" in or upon premises
when he is not licensed or privileged to do so. A person who, regardless
of his intent, enters or remains in or upon premises which are at
the time open to the public does so with license and privilege unless
he defies a lawful order not to enter or remain personally communicated
to him by the owner of such premises or other authorized person. A
license or privilege to enter or remain in a building which is only
partly open to the public is not a license or privilege to enter or
remain in that part of the building which is not open to the public.
A person who enters or remains upon unimproved and apparently unused
land which is neither fenced nor otherwise enclosed in a manner designed
to exclude intruders does so with license and privilege unless notice
against trespass is personally communicated to him by the owner of
such land or other authorized person or unless such notice is given
by posting in a conspicuous manner.
The period between 30 minutes after sunset and 30 minutes
before sunrise.
Includes the term "building," as defined herein, and any
real property.
For purposes of this chapter only, any individual or entity
noted on the Village tax records as a property owner, family members
of such property owner(s), and residents of the property.
[Added 11-12-2008 by L.L.
No. 6-2008]
The real property ownership division reflected on real property
tax maps and other real property instruments filed in the Orange County
Clerk's Office, including its vertical extension, which separates
the real property owned or controlled by one person or entity from
real property owned or controlled by another person or entity.
[Added 8-25-2015 by L.L. No. 3-2015]
No person shall knowingly enter or remain unlawfully
in or upon any public or private premises within the Village of Tuxedo
Park.
A.Â
Under no circumstances shall any person, firm or corporation
be permitted to damage, build upon, pave, fill, excavate, timber upon
or conduct any other encroachment or unauthorized use of any Village-owned
property, including public highways and lake beds.
B.Â
Exemptions may be granted only upon prior review and
written permission from the Board of Trustees.
A.Â
The discharge of firearms in the Village is restricted
to the discharge of shotguns with birdshot only on the property of
the owner or the property of another with written permission and in
compliance with any other state, federal or local law.
B.Â
The provisions of this chapter shall not apply to
the use of recurve bows for target practice only, provided that proper
safety precautions are observed.
C.Â
The use of compound bows or crossbows are prohibited.
D.Â
Any person violating this section shall be fined not
less than $500 nor more than $1,000 for a first offense; nor less
than $1,000 nor more than $2,000 for a subsequent offense thereof.
A.Â
Work creating noise beyond the subject property line
that is clearly audible by a reasonable person of normal and average
auditory sensitivities, including noise resulting from the delivery,
removal or use of heavy equipment, construction, demolition, excavation,
tree cutting, lawn mowing, leaf blowing or other landscaping work,
exterior repairs or any other such work, shall be permitted on weekdays
between 8:00 a.m. and 4:30 p.m. No such activity shall be permitted
on Saturday or Sunday or on any New York State recognized holiday,
except that leaf blowing activities may be done on any Saturday in
November prior to the Thanksgiving holiday of each year between 9:00
a.m. and 4:30 p.m.
[Amended 4-24-2004 by L.L. No. 2-2004; 11-12-2008 by L.L. No. 6-2008; 8-25-2015 by L.L. No. 3-2015]
B.Â
Excepted from the restrictions in Subsection A above are snow or ice removal by snowblowers and other machinery for the purpose of removing snow or ice, and abatement of imminent hazards. Also excepted from Subsection A above is routine property maintenance, such as minor home repair or improvement projects, and landscaping activities, performed by the property owner, resident or occupier on Saturdays (other than New York State recognized holidays), between 9:00 a.m. and 4:30 p.m. and on Sundays (other than New York State recognized holidays) from 10:00 a.m. to 2:00 p.m.
[Amended 11-12-2008 by L.L. No. 6-2008; 3-18-2009 by L.L. No. 2-2009; 8-25-2015 by L.L. No. 3-2015]
C.Â
Village operations, authorized garbage collection
vehicles operating under a permit issued by the Board of Trustees
and bona fide medical, fire and utility emergencies are exempt from
these restrictions. Other exceptions may be granted by the Mayor,
Police Chief or Board of Trustees upon prior written request.
D.Â
Music and
entertainment (whether amplified or not) or any sounds generated by
amplification devices creating noise clearly audible beyond the subject
property line that disturbs or annoys a reasonable person of normal
and average auditory sensitivities shall not be permitted prior to
9:00 a.m. or after 10:00 p.m. on weekdays and Sundays, or prior to
9:00 a.m. on Saturdays. Such music or other entertainment is permitted
until midnight on Saturdays.
[Added 8-25-2015 by L.L. No. 3-2015]
E.Â
Any person
or entity, including, but not limited to, any property owner, resident,
guest, invitee, contractor or subcontractor, violating this section
shall be fined a civil fine of not less than $250 nor more than $1,000
for the first violation; nor less than $500 nor more than $2,000 for
a subsequent offense thereof. The continuation of an offense shall
constitute, for each day the offense is continued, a separate and
distinct violation.
[Added 8-25-2015 by L.L. No. 3-2015]
