[HISTORY: Adopted by the Town Board of the Town of Walworth 5-19-1983 by L.L. No. 2-1983. Amendments noted where applicable.]
Parks and recreation areas — See Ch. 117.
This chapter shall be called the "Regulating and Use of Public and Private Premises Law."
This chapter is intended to preserve the public peace, good order, safety and welfare of the people of the Town of Walworth and to regulate the use of public and private premises.
The following definitions are applicable to this chapter:
- In addition to its ordinary meaning, includes any structure or vehicle used for overnight lodging of persons, or used by persons for carrying on business therein, or an enclosed motor truck, 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.
- ENTER OR REMAIN UNLAWFULLY
- A person enters or remains unlawfully in or upon premises when he/she is not licensed or privileged to do so. A person who, regardless of his or her 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/she defies a lawful order not to enter or remain, personally communicated to him or her by the owner of such premises or other authorized person or by a sign conspicuously posted on the premises. A license or privilege to enter or remain on or in premises which is only partly open to the public is not a license or privilege to enter or remain in that part of the premises which is not open to the public. A person who enters or remains upon unimproved or uncultivated and apparently unused land, which is neither fenced or otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner.
- FENCED LAND
- Land which is enclosed on the side adjacent to a public right-of-way and the property of others by a fence and/or such other sides by a fence or natural barrier so as to make access to the property difficult. Natural barriers may be streams, ditches or closely growing trees or hedges.
- The period between 30 minutes after sunset and 30 minutes before sunrise.
- Placing signs or other notices about the premises in a manner to notify a person that the use of the premises is restricted. Posting may be accomplished by:
- A. Compliance with the Environmental Conservation Law of the State of New York; or
- B. Placing appropriate warning notices at the corners of the premises and at each lane, driveway, path or other means of ingress and egress stating clearly that the premises are private and the use is restricted to those persons having permission of the owner.
- Includes the term "building," as defined herein, and any and all real property, including land which is under cultivation.
- PREMISES NOT OPEN TO THE PUBLIC
- Those premises which are fenced or enclosed or are posted pursuant to this chapter or the Environmental Conservation Law of the State of New York.
- PRIVATE PREMISES
- Any premises which is fenced or posted in accordance with this chapter.
- PUBLIC PREMISES
- Any premises, all or a portion of which may be restricted at times or from time to time by the owner thereof or other person in authority.
No person shall knowingly enter or remain unlawfully in or upon any public or private premises as herein defined within the Town of Walworth.
[Amended 9-1-1994 by L.L. No. 1-1994; 10-7-1999 by L.L. No. 5-1999]
The violation of any provision of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.