STATE LAW REFERENCES
Authority to legislate for the public peace, health, safety
and welfare, General City Law § 20(13).
Trespass, Penal Law § 140.00 et seq.
[Code 1971, § 18-5]
(a)
Any person who enters upon the public storage reservoir lands in
the city without first having obtained permission shall be guilty
of a misdemeanor.
(b)
Permission to enter upon public storage reservoir lands must be obtained
from the public works department of the city and must be in writing.
(c)
Public storage reservoir lands must be posted by appropriate signs
not more than 250 feet apart.
[Code 1971, § 18-6]
Spitting is hereby prohibited either on the sidewalk, crosswalk,
or footway of any public street, way, park, or square; upon the floor
of any hall or office in any hotel, apartment house, tenement, or
lodging house which is used in common by guests or tenants thereof;
or upon the floor, platform, steps, or stairs of any public building,
hall, church, theater, railway station, store, or factory, streetcar,
or other public conveyance in the city.
[Code 1971, § 18-8]
(a)
Purpose of section. This section is enacted to regulate the possession
of open containers of alcoholic beverages by persons on public lands
except under controlled conditions. The unrestricted and unregulated
possession of such containers is detrimental to the health, safety,
and welfare of the inhabitants of the city, and such uncontrolled
possession contributes to the development of unsanitary conditions
and the creation of nuisances within the city.
(b)
ALCOHOLIC BEVERAGE
CONTAINER
PUBLIC LANDS
Definitions. For the purpose of this section, the following terms
shall have the meanings ascribed to them. All other words shall have
the meanings normally ascribed to them in regular usage.
Includes alcohol, liquor, wine, beer, cider, and every other
liquid, patented or not, containing alcohol, wine, or beer and capable
of being consumed by a human being.
Any bottle, can, glass, or other receptacle suitable for
or used to hold any liquid.
Any highway, street, sidewalk, park, playground, public parking
lot, or other public land.
(c)
Possession on public lands prohibited. No person shall have in his
possession any open container of an alcoholic beverage on any public
land within the city.
(d)
Exceptions to prohibition. Application for a waiver of the foregoing prohibition may be made to the City Clerk in the event of any City-approved community gathering, entertainment, or controlled meeting, which application must be approved by the Common Council and which application will allow a waiver to any City-approved gathering, event, or meeting, and which waiver will allow consumption of alcoholic beverages to be permitted on those portions of public lands wherein the gathering will be conducted and during those hours when the function is open to the public. Application for a waiver of the foregoing prohibition may be made to the City Clerk for any property that is in possession of a valid sidewalk café permit pursuant to Chapter 21, Article VII.
[Amended 7-25-2023 by Res. No. 64-23]
(e)
Applicability of provisions. This section shall apply to all persons
on public lands in the city, except as provided in this section.
(f)
State law excepted. This section, by its terms, does not apply to
conduct addressed by Vehicle and Traffic Law § 1227.
[Added 11-12-2019 by Res. No. 80-19; amended 9-26-2023 by Res. No. 79-23]
(a)
No person shall smoke and/or utilize tobacco, nicotine or cannbinoid
products or vapor devices within the City of Olean Park System or
recreational facilities. This prohibition against the use of tobacco,
nicotine, and cannabinoid products includes but is not limited to
sporting fields, playgrounds, pools, courts, parks, pavilions and
walking trails.
(b)
For purposes of this section, utilization of tobacco, nicotine or
cannabinoid products shall mean to burn a lighted cigar, cigarette
or pipe, and/or to use any other substance which contains tobacco,
nicotine, or any form of a cannbinoid and also includes electronic
cigarettes, vapor devices and chewing tobacco.
(c)
The use of tobacco and cannabinoids is allowed within a vehicle in
the parking lot of the recreational facility.
(d)
Appropriate signage shall be posted designating tobacco-, nicotine-,
and cannabinoid- free zones; however, the presence or absence of signs
shall not be a defense to a violation of this section.
(e)
The community, especially facility users and staff, will be notified
about this policy. Staff will make periodic observation of recreational
facilities to monitor for compliance.
(f)
Violations of the provisions of this section shall be punishable
of a fine of $200, which shall not be suspended, waived, or otherwise
reduced below this amount. In addition, any person found violating
this policy may be subject to immediate ejection from the recreation
facility for the remainder of the event.
