[HISTORY: Adopted by the Board of Trustees
of the Village of Johnson City 8-20-1973 as Ch. 12 of the 1973 Code.
Amendments noted where applicable.]
It shall be unlawful for any person to leave
any icebox, refrigerator or any other similar container or receptacle
in an abandoned, unattended or discarded condition outside of any
building or dwelling in a place accessible to children without first
removing the door or doors, latch or latches and lock or locks from
such icebox, refrigerator or other container or receptacle.
Each and every person, whether fireman or not,
who is present at a fire shall conduct himself or herself in an orderly
manner without noise or disturbance and shall promptly obey any order
he or she may receive from the Fire Chief or any of his or her aides
or assistants.
[Amended 12-21-1993 by L.L. No. 1-1993; 8-17-2010 by L.L. No. 8-2010]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
CURFEW HOURS
10:00 p.m. on any day of the week until 6:00 a.m. of the
following day.
EMERGENCY
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, an automobile accident, or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
GUARDIAN
(1)
A person who, under court order, is the guardian of the person
of a minor.
(2)
A public or private agency with whom a minor has been placed
by a court.
MINOR
Any person under 17 years of age.
PARENT
(1)
A natural parent, adoptive parent or stepparent of another person;
or
(2)
At least 18 years of age and authorized by a parent or guardian
to have the care and custody of a minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
and the common area of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
B. Offenses.
(1) Any minor under the age of 17 years shall not be in or upon any of
the streets, parks or public places in the Village in the nighttime
after the hour of 10:00 p.m. and before the hour of 6:00 a.m. the
following day, unless involved in an exempted activity.
(2) It shall be unlawful for a minor's parent, guardian or any other person having the legal care and custody of any child under the age of 17 years to allow, permit or encourage such minor to violate §
192-3B(1).
C. Exceptions. Minors under the age of 17 years are not in violation
of the curfew if involved in one of the following activities or circumstances:
(1) The minor is accompanied by a parent or guardian; or
(2) The minor is on an errand at the direction of a parent or guardian
without any detour or stop (written direction must be signed, timed
and dated by the parent or guardian and must indicate the specific
errand); or
(3) The minor has been legally emancipated; or
(4) The minor is on the sidewalk that abuts the minor's or the next-door-neighbor's
residence; or
(5) The minor is in a vehicle involved in interstate travel; or
(6) The minor is engaged in certain employment activity, or going to
or from employment without any detour or stop; or
(7) The minor is involved in an emergency; or
(8) The minor is in attendance or traveling to or from an official school,
religious, or other recreational activity sponsored by the Village
of Johnson City, a civic organization, or another similar entity supervised
by adults that take responsibility for the minor; or
(9) Where the minor is generally exercising First Amendment rights such
as the free exercise of religion, freedom of speech and the right
of assembly.
D. Enforcement.
(1) Any police official, upon finding a minor in violation of § 192-3(1)
shall ascertain the name and address of such minor and shall warn
the minor that he or she is in violation of curfew and shall direct
the minor to proceed at once to his or her home or usual place of
abode. The police officer shall report such action to the parent,
guardian, custodian or responsible adult having custody or control
of such minor.
(2) If such minor refuses to heed such warning or direction by any police
officer or refuses to give such police officer his or her correct
name or address, or if the minor had been warned on a previous occasion
that he or she is in violation of curfew, the minor shall be escorted
to his or her home or usual place of abode and delivered to the care,
custody and charge of the minor's parent, guardian, custodian,
or other responsible adult.
(3) If the parent, guardian, custodian or other responsible adult above
cannot be located or fails to take charge of the minor, the minor
shall be released to the Broome County Department of Social Services.
E. Penalties. A person who violates a provision of this section is guilty
of a separate offense for each day or part of each day during which
the offense is committed, continued or permitted. Each offense, upon
conviction, is punishable by a fine not to exceed $500.
[Amended 4-16-2002 by L.L. No. 1-2002]
No person shall fire, set off, or discharge
any cannon, air or other gun, pistol, rocket, gun powder or other
explosive in the Village. This section shall not apply to ceremonial
discharges, provided prior approval for such discharge has been obtained
from the Village of Johnson City Police Department.
Any person who, with intent to provoke a breach
of the peace or whereby a breach of the peace may be occasioned, commits
any of the following acts shall be deemed to have committed the offense
of disorderly conduct:
A. Uses offensive, disorderly, threatening, abusive or
insulting language, conduct or behavior.
B. Acts in such a manner as to annoy, disturb, interfere
with, obstruct or be offensive to others.
C. Congregates with others on public streets or loiters
in door entrances, doorways or stairways adjacent thereto or about
any public place in the Village and refuses to move on when ordered
by the police.
D. By his or her actions causes a crowd to collect, except
when lawfully addressing such crowd.
E. Shouts or makes a noise either outside of or inside
a building during the nighttime or daytime to the annoyance or disturbance
of any considerable number of persons.
F. Interferes with any person in any place by jostling
against such person or unnecessarily crowding him or her or by placing
a hand in the proximity of such person's pocket, pocketbook or handbag.
G. Stations himself or herself on a public street or
follows pedestrians for the purpose of soliciting alms, or solicits
alms on the public streets unlawfully.
H. Causes a disturbance in any public conveyance by running
through it, climbing through windows or upon seats or otherwise annoying
passengers or employees therein.
I. Stands on sidewalks or street corners and makes insulting
remarks to or about passing pedestrians or annoys such pedestrians.
No person shall distribute or cause to be distributed
for advertising purposes in the Village any free package, box, bottle
or paper containing any pills, powder, potion, salve, ointment or
other medicinal preparation unless the same is delivered into the
hands of an adult person.
No person shall knowingly give or assist in
giving a false alarm of fire in the Village, either by firing any
material or substance for the purpose of creating such false alarm
or by false cries of fire or by pulling or interfering with any fire
alarm box or apparatus in the Village for the purpose of giving a
notification of fire to the Fire Department.
A. Generally. No person shall willfully and unlawfully
cut, injure, mark, break, deface, remove or destroy any building,
structure, bridge, fence, awning, sign, signboard, tree, shrubbery
or other property or part thereof or willfully and unlawfully break
any window or window glass in any building or structure or tear down
or remove any notice lawfully posted in the Village.
B. Public lamps and fixtures. No person shall willfully
deface, injure, break or destroy any lamp, lamppost, lamp supporter
or part thereof or any globe, wire, fixture or protection of such
lamp, lamppost or lamp supporter or part thereof or willfully interfere
with or light any lamp or obstruct or extinguish the light thereof
on any public street, avenue, sidewalk, lane, alley or in any public
place in the Village.
C. Fire and police apparatus; Department of Public Works'
property; other Village property. No person shall willfully injure
or destroy any engine, motor truck, vehicle, hose, ladder, apparatus
or implement of the Fire Department or any enginehouse, fire station
or place where fire apparatus of any kind is kept or stored or any
fixture, article or property in or about such place or willfully and
unlawfully remove any engine, motor truck, vehicle, hose, ladder,
apparatus or implement from any such engine room, fire station or
place, nor shall any person willfully or unlawfully injure, damage
or destroy any police car, motorcycle, apparatus or equipment or any
fixtures, article or other property of the Police Department or property
of the Public Works Department or any property owned by the Village.
No person shall unlawfully hinder, obstruct
or delay any person employed by the Village or any contractor or subcontractor
engaged in constructing or repairing any public work in the Village.
A. Regulated. The playing of any musical instrument or device for dancing in any public assemblage in the Village between the hours of 12:00 midnight Saturday and until after 12:00 midnight on Sunday is prohibited. There is hereby excepted from the provisions of this section the playing of any musical instrument or device for dancing at a public dance for which a license has been issued under §
132-2 of this Code.
B. Exception to section. Nothing in this section shall be construed to prohibit dances commencing on Saturday evening and continuing until 1:00 a.m. on Sunday, provided that the same are authorized in accordance with Chapter
132, Dances and Dance Halls, of this Code.
No person shall write, paint, print, draw, cut
or place in or upon any building, post, fence, walk, bridge, sign
or other object exposed to public view in the Village any indecent
or obscene mark, figure, character, word, image, sentence or design
or aid or advise in so doing.
No person shall place, throw or deposit any
ice, snow, dirt, sand, gravel, brick, stone, lumber or other material
or rubbish upon, near or about any fire hydrant in the Village so
as to hinder, obstruct or delay free access thereto nor within ten
(10) feet thereof.
No person shall be intoxicated on any public
street, avenue, sidewalk, alley or lane or in any public place in
the Village.
The Chief of the Fire Department or any of his
or her assistants or any police officer may command the aid of any
person to assist in extinguishing a fire or the aid of any driver
or person in charge of any motor vehicle or other vehicle to assist
with such vehicle in taking any fire apparatus to any fire, and when
so requested, it shall be unlawful for any person to refuse or neglect
to assist in extinguishing such fire.
It shall be unlawful for any person to harm,
obstruct or resist any officer of the Village in the performance of
any duty required of him or her as such officer or to refuse or neglect
to assist in extinguishing any fire or to refuse or neglect to assist
any officer of the Village in the execution of his or her duties when
requested so to do by such officer or to fail or refuse to obey any
lawful sign or signal by hand, voice or otherwise given by a police
officer in the discharge of his or her duties as such.
No person shall bathe or swim in any river,
stream or pond in the Village, either in a nude state or so clothed
as to make any indecent exposure of the person, nor shall any person,
in preparing to swim or bathe, make such exposure.