[HISTORY: Adopted by the Board of Trustees of the Village of Asharoken 10-1-2001
by L.L. No. 4-2001. Amendments noted where applicable.]
As used in this chapter, 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 an inclosed motor
truck, or an inclosed 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 and/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.
No person shall by foot, vehicle or otherwise enter or trespass upon
any private property within the Village without authority from the owner thereof.
No person shall enter, intrude or trespass upon any lot or premises
owned by or under the control of the Village Board, whether upland or underwater,
for the purpose of occupying the same or of erecting any building or structure
thereon or of removing any flowers, plants, shrubs, trees, sand, stone, gravel,
topsoil, signs or other materials therefrom, without written authority from
the Board of Trustees of the Village of Asharoken, but nothing herein shall
be deemed to prevent any resident of the Village from using any Village property
for public recreational purposes.
A person is guilty of trespass when he knowingly enters or remains unlawfully
in or upon such premises as defined above.
A.Â
Any person violating this chapter shall be deemed guilty
of a violation and shall be punished by a fine not exceeding $1,000 or by
imprisonment not exceeding 15 days, or by both.
B.Â
The imposition of a penalty herein shall
not affect the right of the owner to take any further legal proceeding as
may be appropriate.
