[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Plaza: Art. I, 5-19-1976 as L.L. No. 4-1976;
Art. II, 10-15-1980 as L.L. No. 5-1980.
Amendments noted where applicable.]
GENERAL REFERENCES
Parking lots — See Ch. 151.
[Adopted 5-19-1976 as L.L. No. 4-1976]
The purpose of this Article is to prevent loitering and trespassing
on or upon village-owned or village-operated parking fields or structures
in order to promote the health, safety and general welfare of the community.
[Amended 10-21-1992 by L.L. No. 10-1992]
It is hereby declared to be a violation of this Article:
[Amended 10-21-1992 by L.L. No. 10-1992]
As used herein, the following terms shall have the meanings indicated:
The knowing entry or presence of any person in or on the premises of
a village-owned or village-operated parking field or structure between the
hours of 8:00 p.m. and 8:00 a.m. except for the purpose of exiting to the
public street or sidewalk after having legally parked a vehicle, for the purpose
of traveling to a parked vehicle for the purpose of removing it to the public
street or sidewalk or for any emergency purpose.
As used herein, "loitering" shall also mean the use of any bench immediately
adjacent to any village-owned or village-operated parking field or structures
between the hours of 8:00 p.m. and 8:00 a.m.
[Amended 10-21-1992 by L.L. No. 10-1992]
Where the village has caused to be posted legible and conspicuous signs
at the entrance of a village-owned or village-operated parking field or structure
or on a bench immediately adjacent thereto, stating that there shall be no
trespassing or loitering, proof of such posting shall constitute prima facie
evidence of a person's knowledge that lawful use of the village-owned
or village-operated parking field or structure is limited during the stated
hours to use in connection with the parking of a motor vehicle thereat and
that use of adjacent benches is prohibited between certain hours.
Any person who violates the provisions of this Article shall be liable
to pay a penalty not to exceed $250 or be imprisoned for a period not exceeding
15 days, or both, for each such violation.
[Adopted 10-15-1980 as L.L. No. 5-1980]
The Board of Trustees hereby finds that it is in the best interest of
the public to regulate loitering within the village. The adoption of appropriate
restrictions will assist in the prevention of crime and assure unobstructed
access to public buildings, as well as sidewalks, streets and other public
places within the village.
A.Â
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 or
her presence or by means either alone or in concert with others, interfere
with or interrupt the conduct of business in the offices located in any such
buildings.
B.Â
No person shall loiter in or upon any public sidewalk,
street, bridge, 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.
C.Â
No person shall loiter or prowl in a place, at a time
or in a manner not usual for law-abiding individuals under circumstances that
warrant alarm for the safety of persons or property in the vicinity. Among
the circumstances which may be considered in determining whether such alarm
is warranted is the fact that the actor takes flight upon appearance of a
peace officer, refuses to identify himself or herself or manifestly endeavors
to conceal himself or herself or any object. Unless flight by the actor or
other circumstances makes it impracticable, a peace officer shall, prior to
any arrest for an offense under this subsection, afford the actor an opportunity
to dispel any alarm which would otherwise be warranted by requesting him or
her to identify himself or herself and explain his or her presence and conduct.
No person shall be convicted of an offense under this subsection if the peace
officer did not comply with the preceding sentence or if it appears at trial
that the explanation given by the actor was true and, if believed by the peace
officer at the time, would have dispelled the alarm.
