[HISTORY: Adopted by the Board of Trustees of the Village of Green Island 9-28-1992 by L.L. No. 1-1992. Amendments noted where applicable.]
The Village Board of Trustees of Green Island makes the following findings:
Numerous citizen complaints have been lodged with the Green Island Police Department, the Mayor and various local officials concerning the incidence of persons gathering in various public areas throughout the Village and particularly around parks, who drink alcohol in public, scream, yell, play music at disturbing decibel levels, engage in fights and shoving matches and block the ingress and egress of traffic. As a result of these illegitimate gatherings, citizens who have a legitimate purpose in utilizing the affected areas are discouraged from doing so.
The gathering of groups of individuals who engage in the above-described activities adversely impacts on the health, safety and welfare of Village residents and businesses. Such activities and gatherings have resulted in acts of vandalism, public drunkenness and disorderly conduct as defined in the Criminal Procedure Law (CPL).
The Village Board of Trustees of the Village of Green Island is entrusted with protecting the health, safety and welfare of all its residents, such authority being granted to it by the Village Law of the State of New York and the Municipal Home Rule Law.
It is the Village Board of Trustees' intention, in an exercise of its legislative authority in an effort to curb this pervasive and destructive trend from continuing, that such gatherings and loitering activities be banned in the Village of Green Island.
As used herein, the following words shall have the meanings below set forth:
- OTHER PUBLIC PLACE
- Shall be deemed to include the area in front of or adjacent to any store, shop, restaurant, luncheonette or other place of business and shall include also any parking lots or other vacant property not owned by or under the dominion of the person charged with violation of this chapter. Enforcement of this chapter as it relates to "other public places" as herein defined shall be conditioned upon a request for such enforcement by the owner, lessee, tenant or agent of said other public place sent by certified mail, return receipt requested, to the attention of the Chief of Police of the Village of Green Island, and notice of such request shall be posted conspicuously by the owner, lessee, tenant or agent thereof on such other public place. In addition to stating the name of the owner and a description of the property involved, the request shall include a certification stating that the provisions of this chapter relating to posting of notice have been complied with.
- TO LOITER
- Shall encompass, but shall not be necessarily limited to, one or more of the following acts:
- (1) Obstruction of the free, unhampered passage of pedestrians or vehicles on the public sidewalks or public streets of the Village of Green Island.
- (2) Obstructing, molesting or interfering with any person lawfully upon the street, sidewalk, park or other public place in the Village of Green Island.
- (3) Remaining in one location upon the street, sidewalk, park or other public place in the Village of Green Island without being able to establish a legitimate purpose in so remaining, or, by general conduct, exhibiting the absence of a lawful purpose in so remaining. In determining whether or not a legitimate or lawful purpose for remaining in such location has been established, consideration shall be given to the fact that the person refuses to identify himself or his purpose in being at such location. Unless flight by the person or other circumstance makes it impracticable, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to identify himself and to state the reason for his presence at such location. No person shall be convicted of an offense under this chapter if the arresting officer fails to comply with this procedure or if it appears at trial that the explanation hereunder given by the accused is true and constitutes a valid reason for the person to be and remain at such location.
- (4) Refusal to move from a location upon any public street, sidewalk, park or other public place when requested to do so by a police officer, provided that such officer has exercised his discretion reasonably under the circumstances in order to preserve or promote public peace and order.
Use of the masculine term of description herein shall include the feminine.
It shall be unlawful for any person to loiter in or upon any street, sidewalk or other public place or in any public building or in a public park during those hours it is closed to the public or to obstruct the access to any public building or any part hereof or to obstruct passage through or upon any public street or park.
It shall be unlawful for any person to loiter in other public places, as hereinbefore defined, if the owner thereof has posted a notice in such a place and in such a manner as is reasonably calculated to afford notice of the prohibition to all interested parties.
If any party shall knowingly violate the provisions of this chapter or engage in conduct in violation of this chapter, he shall be punished by a fine of not less than $25 and not more than $250. Each incidence of any violation of a provision herein shall constitute a separate offense.
All fines, penalties and forfeitures collected upon a conviction or forfeiture of bail by any person charged with a violation of this chapter shall be paid to the Treasurer of the Village of Green Island and credited to its general fund.
It shall be the duty of the Police Department to enforce the provisions of this chapter.
If a violation of this chapter shall occur in the presence of a police officer, he shall issue an appearance ticket as set forth in §§ 150.10 through 150.75 of the Criminal Procedure Law, and if such violation shall not occur in the presence of an officer, he shall issue an appearance ticket as set forth in §§ 150.10 through 150.75 of the Criminal Procedure Law based upon a written statement by the complainant.