[Adopted 3-28-1960 by Ord. Nos. 5.1, 5.2, 5.3,
5.4 and 5.5 (Ch. 64, Art. I, of the 1968 Code)]
[Amended 3-28-1977 by L.L. No. 11-1977; 12-12-1977 by L.L. No. 34-1977; 1-25-1999 by L.L. No. 1-1999; 3-9-2009 by L.L. No.
7-2009]
No person shall indulge in such conduct as to
create or establish a public nuisance which shall endanger or substantially
interfere with the safety, health and welfare of any community within
the Village of Patchogue. The following enumerated acts, which shall
not be considered exclusive, shall be deemed to be violations of the
provisions of this section:
A.
Damaging, destroying or making improper or unauthorized
use of any municipal property, including parks, parking fields or
stadiums, or engaging in conduct in a manner contrary to any notices,
rules or regulations of the Village or refusal to obey the orders
of any person or persons in authority with respect to the use of or
conduct in or with respect to such property.
B.
Discharging within the Village any firearms, firecrackers,
bombs or other noisemaking devices or the operation of any noisemaking
device. The Board of Trustees may, upon proper application, suspend
the operation of this subsection under such conditions and restrictions
as said Board may deem proper to impose. Such suspension by the Board
of Trustees shall be made only when the activity to be engaged in
shall be found to be for the general good and welfare of the community
in connection with properly supervised celebrations of public events.
The conduct of functions and celebrations of duly constituted veterans
organizations, historical reenactments organizations, religious, fraternal
and charitable organizations shall be exempt from the prohibition.
[Amended 7-26-2021 by L.L. No. 5-2021]
C.
Operating without a written permit from the Board
of Trustees in or upon any vehicle or in any building or upon any
premises or in any street or other public place in the Village of
Patchogue any voice-amplifying device, radio device or mechanical
musical instrument or device at any time whereby the sound therefrom
is cast directly upon the public streets and places where such device
is maintained and operated for advertising purposes or for the purpose
of attracting the attention of the passing public or which is so placed
and operated that the sounds coming therefrom can be heard to the
annoyance or inconvenience of travelers upon any street or public
place or of persons occupying any neighboring premises.[1]
D.
Setting, placing, baiting, maintaining or tending
of traps for animals upon or in the ponds at Rider Avenue Park.
[Amended 3-28-1977 by L.L. No. 11-1977; 10-24-1977 by L.L. No. 27-1977; 7-11-1983 by L.L. No. 18-1983; 6-27-1988 by L.L. No. 13-1988]
A.
Legislative intent and purpose. The Board of Trustees
of the Village of Patchogue finds that the public consumption of alcoholic
beverages and the possession of open containers with the intent to
consume alcohol often lead to disturbances, litter and other conditions
in public areas which are detrimental to the public health, safety,
peace and good order of the community.
B.
ALCOHOLIC BEVERAGE
CONTAINER
PUBLIC AREA
Definitions. For the purpose of this section, the
following terms shall have the meanings ascribed to them. All other
words shall have the meanings normally ascribed to them in common
usage or as specifically defined in the Alcoholic Beverage and Control
Law of the State of New York.
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, containing alcohol, spirits,
wine or beer and capable of being consumed by a human being.
Any bottle, can, cup, glass or other receptacle suitable
for or used to hold any liquid.
Any highway, road, street, sidewalk, park, playground, recreation
area, dock, public parking lot or other public place as defined by
§ 240 of the Penal Law of the State of New York.
C.
Consumption of alcoholic beverages and possession
of open containers with intent to consume.
(1)
No person shall consume or ingest any alcoholic beverages
while such person is in or upon any public area in the Village of
Patchogue.
(2)
No person shall have in his or her possession within
the Village of Patchogue any open container containing an alcoholic
beverage with the intent to consume or ingest the same while such
person is in or upon any public area in the Village of Patchogue.
(3)
The possession of an open container containing an
alcoholic beverage shall be presumptive evidence that said alcoholic
beverage is intended to be consumed or ingested in a public area in
the Village of Patchogue.
(4)
Any open container containing an alcoholic beverage
in any vehicle which is in or upon any public area in the Village
of Patchogue shall be presumptive evidence that said open container
is in the possession of all the occupants thereof.
D.
Exemptions. The foregoing prohibitions shall not apply
to individuals or organizations desiring to distribute or consume
alcoholic beverages in public areas, provided that written permission
is obtained from the Board of Trustees of the Village of Patchogue,
and said permission shall be conditioned on such terms as the Village
Board may impose.[1]
[Added 10-22-2018 by L.L.
No. 7-2018]
A.
Legislative intent and purpose. The Board of Trustees of the Village
of Patchogue finds that the effects of secondary smoke generated by
the smoking of cigars, cigarettes, pipes and similar articles pose
a threat to the health, safety and well-being of the citizens of the
Village of Patchogue who do not smoke.
B.
E-CIGARETTE
SMOKING
Definitions. For the purpose of this section, the following terms
shall have the meanings ascribed to them. All other words shall have
the meanings normally ascribed to them in common usage.
Any electronic device composed of a mouthpiece, heating element,
battery and electronic circuits that provides a vapor of liquid nicotine
and/or other substances mixed with propylene glycol to the user as
he or she simulates smoking. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name.
The combustion of any cigar, cigarette, tobacco or any similar
article or any other combustible substance in any manner or in any
form or the heating or ignition of an e-cigarette which creates a
vapor.
C.
Smoking is prohibited within a fifty-foot radius of all entrances
to all Village municipal, government, educational, or library buildings
and facilities located within the Village of Patchogue which are designated
as accessible by the public.
D.
Smoking is prohibited in any area of any public park except in the
park's designated parking areas.
[Amended 3-28-1977 by L.L. No. 11-1977; 7-28-1997 by L.L. No. 9-1997; 9-8-1997 by L.L. No. 10-1997]
A.
No person shall appear in any public place within
the territorial limits of the Incorporated Village of Patchogue in
such state of dress as to permit any portion of the genitalia or buttocks
of such person to be exposed to the view of any other person.
B.
No person shall appear on any public street, sidewalk
or highway in that area of the Village which is north of the Long
Island Railroad Tracks; east of Waverly Avenue and River Avenue; west
of Route 112 and Bay Avenue; and south of the Waverly Avenue Spur,
Lake Street and Oak Street in a bathing suit or without a shirt or
other comparable clothing or without shoes.
A.
Trespass. No person shall intrude or trespass upon
any lot or parcel of land belonging to or leased by the Village, or
in or upon any building, structure or enclosure upon such property,
unless such person is duly licensed or otherwise lawfully entitled
to be admitted thereon or therein.
B.
Posting bills. No person shall post any advertisement,
notice or bill within the limits of any public street or highway or
upon any public property within the Village without the consent of
the Board of Trustees.
[1]
Editor’s Note: Former § 302-5, Air guns; permit
required, was repealed 2-11-2019 by L.L. No. 3-2019.
[Added 3-9-2009 by L.L. No. 7-2009]
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue.
