[HISTORY: Adopted by the Board of Trustees
of the Village of Warwick 6-10-1974 by L.L. No. 6-1974. Amendments noted where
applicable.]
Any of the following acts shall constitute a
violation of this chapter:
A.
Acts performed in such a manner so as to annoy, disturb,
interfere with, obstruct or be offensive to others.
B.
Unnecessary congregation with others upon the streets
of the Village, or in doorways or stairways adjacent thereto, or loitering
about such places and refusing to move on when ordered to do so by
the police.
C.
Shouting or making a noise, either inside or outside
of a building or motor vehicle, during the nighttime to the annoyance
or disturbance of any number of persons.
D.
Using an automobile for sleeping purposes.
E.
Open containers.
[Amended 12-13-1976 by L.L. No. 11-1976; 7-11-1983 by L.L. No. 7-1983]
(1)
Legislative intent. It is the intent of the Village
of Warwick, as an exercise of its police power, to promote the general
health, safety and welfare of the residents and inhabitants of the
Village by enacting this subsection, since it is the finding of the
Board of Trustees that the possession of open containers of alcoholic
beverages by persons on certain public lands, except under controlled
conditions, is detrimental to the health, safety and welfare of the
residents of the Village in that such possession contributes to the
development of unsanitary conditions and the creation of nuisances,
including but not limited to littering and raucous or other disorderly
behavior. It is further the intent of the Board of Trustees that this
subsection not be considered as a traffic regulation insofar as it
relates to motor vehicles or the operation thereof.
(2)
ALCOHOLIC BEVERAGE
CONTAINER
PARKING LOT
PUBLIC LANDS
VILLAGE
Definitions. For the purpose of this subsection, 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, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, containing alcohol, spirits,
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 area or areas of private property in connection with
premises having one or more stores or business establishments and
used by the public as a means of access to and egress from such stores
or business establishments and for the parking of motor vehicles of
customers and patrons of such stores and business establishments.
Any public highway, private road open to public motor vehicle
traffic, parking areas of shopping centers, hospitals and banks and
any other parking lot, street, sidewalks or playground.
The Village of Warwick.
(3)
Prohibition. It shall be a violation of this subsection
for any person to:
(a)
Consume any alcoholic beverage on any public
land within the Village.
(b)
Have in his possession any open container containing
any alcoholic beverage on any public lands within the Village.
(c)
Have within his possession for the purpose of
consumption on public lands by either himself or another person any
open container containing an alcoholic beverage on any public lands
within the Village.
(4)
Exceptions.
(a)
The foregoing prohibitions shall not apply to
Memorial Park in the event of a fair, picnic or other community gathering
for which special permission has been granted by the Village.
(b)
The foregoing prohibitions shall not apply to
the transportation of an unsealed but not open container across public
lands of the Village from one point to another with no intent to consume
the contents of such open container while upon public lands.
(5)
Application. This subsection shall apply to all persons on public lands in the Village, except as provided in Subsection E(4) above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
(6)
Penalties. Each violation of this subsection shall
be punishable by a fine not exceeding $250 for each offense. A violation
of this subsection shall constitute disorderly conduct, and any person
violating the same shall be declared a disorderly person.
F.
The repair of motor vehicles on any street, parking
lot, park or other public lands, except in an emergency.
[Added 10-14-1986 by L.L. No. 7-1986]
G.
Trespass. A person is guilty of trespass when he or she knowingly
enters or remains unlawfully in or upon premises.
[Added 8-1-2011 by L.L. No. 2-2011]
(1)
"Premises" includes the term "building," as defined herein, and any
real property owned by the Village of Warwick or located in the Village
of Warwick.
(2)
"Building," in addition to its ordinary meaning includes any structure,
vehicle or watercraft used for overnight lodging or persons, or used
by persons for carrying on business therein, or used as an elementary
or secondary school, or an enclosed motor truck, or an enclosed 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.
(3)
"Dwelling" means a building which is usually occupied by a person
lodging therein at night.
(4)
"Night" means the period between 30 minutes after sunset and 30 minutes
before sunrise.
(5)
"Enter or remain unlawfully." A person "enters 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. A person
who enters or remains in or about a public building without written
permission from someone authorized to issue such permission or without
a legitimate reason which includes a relationship involving custody
of or responsibility for a pupil or student enrolled in the school
or without legitimate business or a purpose relating to the operation
of the school does so without license and privilege. A person who
enters or remains in or about property owned by the Village without
written permission from someone authorized to issue such permission
or without a legitimate reason which includes the property being open
to the public, or in the course of employment, or the lands not posted
or without legitimate business or a purpose relating to the operation
of the facility on the premises, does so without license and privilege.
H.
Disorderly conduct. A person is guilty of disorderly conduct when,
with intent to cause public inconvenience, breach of peace, annoyance
or alarm, or recklessly creating a risk thereof:
[Added 8-1-2011 by L.L. No. 2-2011]
(1)
He engages in fighting or in violent, tumultuous or threatening behavior;
or
(2)
He makes unreasonable noise; or
(3)
In a public place, he uses abusive or obscene language or makes an
obscene gesture; or
(4)
Without lawful authority, he disturbs any lawful assembly or meeting
of persons; or
(5)
He obstructs vehicular or pedestrian traffic; or
(6)
He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
(7)
He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
I.
Mischief. A person is guilty of mischief when, having no right to
do so nor any reasonable ground to do so or has such right, he or
she:
[Added 8-1-2011 by L.L. No. 2-2011]
(1)
Intentionally damages property of another person or entity; or
(2)
Intentionally participates in the destruction of an abandoned building
as defined in § 1971-a of the Real Property Actions and
Proceedings Law; or
(3)
Recklessly damages property of another person or entity.
(4)
Tampers with property of another person with intent to cause substantial
inconvenience to such person or to a third person or entity.
(5)
Damages any real or personal property maintained as a cemetery plot,
grave, burial place or other place of interment of human remains located
within the Village; or
(6)
Recklessly engages in conduct which creates a substantial risk of
damage to the property of another person or entity.
(7)
Posts, paints or otherwise affixes to the property of another person
any advertisement, poster, notice or other matter designed to benefit
a person other than the owner of that property. Where such matter
consists of a commercial advertisement, it shall be presumed that
the vendor of the specified product, service or entertainment is a
person who placed such advertisement or caused it to be placed upon
the property.
(8)
Throws, dumps, or causes to be thrown, dumped, deposited or placed
upon any railroad tracks or within the limits of the rights-of-way
of any railroad any refuse, trash, garbage, rubbish, litter or any
nauseous or offensive matter.
(9)
Throws, dumps, or causes to be thrown, dumped, deposited or placed
upon any property located within the Village or owned by the Village
any refuse, trash, garbage, rubbish, litter or any nauseous or offensive
matter. Where a highway or road lies in whole or part within the Village
or is owned by the Village, nothing in this section shall be construed
as prohibiting the use in a reasonable manner of ashes, sand, salt
or other material for the purpose of reducing the hazard of, or providing
traction on, snow, ice or sleet situated on such highway, road, streams
or bodies of water.
(10)
Makes graffiti of any type on any building, public or private, or
any other property, real or personal, owned by any person, firm or
corporation or agency or instrumentality, without the express permission
of the owner or operator of said property.
(11)
Is in possession of graffiti instruments, any graffiti tool, instrument,
article, substance, solution or other compound designed or commonly
used to etch, paint, cover, draw upon or otherwise place a mark upon
a piece of property which that person has no permission or authority
to etch, paint, cover, draw upon or otherwise mark, under circumstances
evincing an intent to use same in order to damage such property.
[Amended 6-14-1976 by L.L. No. 7-1976; 8-1-2011 by L.L. No.
2-2011]
Any person committing an offense against any
provision of this chapter shall be guilty of a violation punishable
by a fine not exceeding $2,500 or by imprisonment for a term not exceeding
90 days, or by both such fine and imprisonment. The court may, at
its discretion, also order the requirement to perform services for
a public or not-for-profit corporation, association, institution or
agency not to exceed 250 hours, as well as restitution. The continuation
of an offense of the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
