[HISTORY: Adopted by the Board of Trustees of the Village
of Solvay 5-18-1999 by L.L. No. 5-1999. Amendments noted where applicable.]
The Village Board of Trustees of the Village of Solvay makes
the following findings:
A.
There have been numerous citizen complaints directed to the Mayor
and Trustees and other local officials concerning the incidence of
persons gathering in the public areas of the village without a legitimate
reason for being there, especially in the evening and nighttime hours.
Investigation of these complaints has resulted in the finding that
in the places complained of large quantities of refuse, empty beverage
containers and other litter have accumulated. In addition, it has
been recognized and reported that such illegitimate gatherings have
discouraged citizens from legitimate utilization of these areas.
B.
The complaints received and the investigations show that such illegitimate
gatherings very often are participated in by large groups of people
and are associated with noise, yelling, often of an obscene nature,
disturbance of the peace, fighting and rowdiness in addition to litter.
C.
It is also found that where this kind of illegitimate gathering occurs,
acts of vandalism have been found to occur and damage to public and
private property has been sustained. It is also found that the protection
of the health, safety and welfare of the community requires action
in the public interest to regulate such behavior.
As used this chapter, the following terms shall have the meanings
indicated:
To stand, lounge, congregate or remain parked in a motor
vehicle at a public place or place open to the public and to engage
in any conduct prohibited under this chapter. "Loiter" also means
to collect, gather, congregate or be a member of a group or of a crowd
of people who are gathered together in any public place or place open
to the public and to engage in any conduct prohibited under this chapter.
Any place open to the public or any place to which the public
is invited and in, on or around any privately owned place of business,
private parking lot or private institution, including places of worship
or any place of amusement and entertainment, whether or not a charge
of admission or entry thereto is made. It includes the elevator, lobby,
halls, corridors and areas open to the public of any store, office
or apartment building, as well as parking lots or other vacant private
property not owned by or under the control of the person charged with
violating this chapter or, in the case of a minor under the age of
18, not owned by or under the control of his parent or guardian.
[Amended 11-26-2019 by L.L. No. 5-2019]
Any public street, road or highway, alley, lane, sidewalk,
crosswalk or other public way or any place of amusement, park, playground,
public building or grounds appurtenant thereto, school building or
school grounds, public parking lot or any publically owned vacant
lot.
A.
It shall be unlawful for any person or group of persons to loiter
at, on or in a public place or a place open to the public in such
manner:
(1)
As to interfere with, impede or hinder the free passage of pedestrian
or vehicular traffic;
(2)
As to interfere with, obstruct, harass, curse or threaten or do physical
harm to another member or members of the public; or
(3)
That, by words, acts or other conduct, it is clear and there is a
reasonable likelihood to result in a breach of the peace or disorderly
conduct or to cause alarm or to create a risk thereof.
B.
It shall be unlawful for any person to loiter, as defined herein,
at a public place or place open to the public and to fail to obey
the direction of a uniformed police officer or the direction of a
properly identified police officer not in uniform to move on, when
not to obey such direction shall endanger the public peace, health,
welfare and safety.
Nothing herein shall be construed to prohibit orderly picketing
or other lawful assembly.
A.
It shall be unlawful for any person to violate any of the provisions
herein.
B.
Any person violating any of the provisions of this chapter shall
be punished, upon conviction, by a fine not to exceed $100 for a first
offense and not to exceed $250 for any subsequent offense. Each day
that a violation of or failure to comply with any provision of this
enactment or any regulations promulgated hereunder by the Village
Board occurs shall constitute a separate and distinct violation.
C.
Any police officer witnessing a violation of this chapter may, as
an alternative to making an arrest, issue to said violator a notice
of violation or appearance ticket, which notice, in addition to such
factors as shall be required by such form of notice as may be approved
by the village, shall specify the violation with which said violator
is charged and shall set forth the hour, date and location that said
violator is summoned to appear in the Justice Court for the Village
of Solvay in Solvay, New York, to answer said charge.
D.
No person shall be charged with a violation of this chapter unless
and until the arresting officer has first warned the person of the
violation and such person has failed or refused to stop such violation.
If any provision of this chapter shall be invalidated by any
court, such provision shall be deemed severable, and the remaining
provisions shall continue in full force and effect.
This chapter shall take effect immediately upon filing with
the Secretary of State.
