[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck as Ch. 135 of the 1976 Code. Amendments
noted where applicable.]
[Amended 2-4-2003 by L.L. No. 2-2003]
No person shall break, mar, injure, deface or
remove any property owned by the Village or go upon any grass plot
or garden in any Village park, playground or other public place which
shall be posted with prohibitory signs or pick any flowers or shrubs
or deface or damage any such shrubs, trees or other ornamental thing
upon any Village property or along any public street or other public
place within the Village.
No person shall remove, displace or in any manner
interfere with any barrier, guardrail, sign, lantern or other object
or form of warning which shall have been placed along or across any
street or sidewalk or about any other place within the Village as
a warning or safeguard or to prevent interference with or damage to
work completed or being done in such places.
[Amended 2-4-2003 by L.L. No. 2-2003]
No person shall propel, throw or shoot any missile
or solid objects such as stones, snowballs, sticks, metal, bullets
or similar materials upon or across or toward any street, sidewalk,
or other public place in the Village where such act would in fact
or potentially injure or threaten injury to any person or property.
Ball playing or ball throwing on or upon any public street shall constitute
a violation of this chapter.
[Amended 2-4-2003 by L.L. No. 2-2003]
No person shall appear or be upon any public
street, sidewalk, or in any public hall, park or other public place
in the Village, in a condition of intoxication.
[Added 8-23-1977 by L.L. No. 11-1977; amended 2-4-2003 by L.L. No. 2-2003]
No person shall have in his possession any open
bottle, can or container containing liquor, beer, wine or any other
alcoholic beverage while such person is on any public street, public
sidewalk or public parking area within the Village or in or on any
vehicle in a public place within the Village, except on those premises
duly licensed for sale and consumption of alcoholic beverages on the
premises, without the express written permission of the Board of Trustees.
[Added 12-18-2007 by L.L. No. 16-2007]
From time to time the Board of Trustees, by
resolution, may adopt, amend, and repeal rules and/or regulations
with regard to the use and occupancy of public parks owned, operated,
and/or maintained by the Village. No person shall violate any such
rules and/or regulations.
[Added 10-7-2008 by L.L. No. 5-2008]
A.
LOITER WITHIN A MUNICIPAL PARKING FIELD
(1)
(2)
(3)
(4)
MUNICIPAL PARKING FIELD
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Being present within a municipal parking field when not:
The operator or passenger of a motor vehicle
that is moving, parking, standing, or being loaded;
In the act of exiting, entering, or loading
a motor vehicle;
Leaving a motor vehicle to exit the municipal
parking field; or
Entering a municipal parking field to enter
or load a motor vehicle.
A public parking field within the Village that is owned or
leased by the Village.
B.
In order to maximize the ability of prospective patrons
to utilize the municipal parking fields, the following regulations
are hereby adopted with regard to such use.
(1)
No person shall have in such person's possession within
a municipal parking field any open bottle, can, or container containing
liquor, beer, wine, or any other alcoholic beverage.
(2)
No person shall make any unreasonable, loud, disturbing,
and/or unnecessary noise within a municipal parking field of such
character, intensity, and/or duration as to be disturbing to the life
or health of any reasonable person of normal sensitivities within
a municipal parking field or the nearby residential area. Such prohibition
includes, but is not limited to, the use or other operation of any
radios, CD players, ipods®, cell phones, or other music- or other
sound-producing devices within such person's ownership, custody, or
control, except in such a manner that such music or other sound cannot
be heard by a person of reasonable sensitivities within two feet of
the device.
(3)
No person shall use within a municipal parking field
any skateboard, roller blade, skate, bicycle, tricycle, cart, or similar
device. The foregoing shall not preclude a shopping cart to transport
wares to or from a motor vehicle; a wheelchair being used for an infirm
or disabled individual; or an infant's carriage or stroller, when
the infant (a child three years of age or younger) is present within
a municipal parking field.
(4)
No person shall throw or otherwise participate in
any game with a ball, Frisbee or a self-propelled, on-ground, or similar
object within a municipal parking field.
(6)
No person shall loiter within a municipal parking
field.
C.
Additional regulations; waivers.
D.
Presumption and affirmative defense.
(1)
Any person within a municipal parking lot for more
than five minutes who is not the operator or passenger of a motor
vehicle that is moving, parking, standing, or being loaded; or in
the act of exiting, entering, or loading a motor vehicle shall be
presumed to be loitering.
(2)
Prior to an individual issuing an appearance ticket
for loitering within a municipal parking field, the individual about
to issue such appearance ticket shall first inquire of the person
as to whether or not the person is loitering. The answer given shall
not preclude the issuance of the appearance ticket if the officer
still has reasonable grounds to believe that the violation occurred
or is occurring.
(3)
In any prosecution for a violation of this section,
the following shall be affirmative defenses:
(a)
That the officer who issued the appearance ticket
did not first inquire of the person as to whether or not the person
was loitering.
(b)
That the person was not present within the municipal
parking lot for more than five minutes when not:
[1]
The operator or passenger of a motor vehicle
that is moving, parking, standing, or being loaded;
[2]
In the act of exiting, entering, or loading
a motor vehicle;
[3]
Leaving a motor vehicle to exit the municipal
parking field; or
[4]
Entering a municipal parking field to enter
or load a motor vehicle.
