[HISTORY: Adopted by the Town Board of the Town of Oyster Bay as Ch. 18, Art. II, of the 1971 Code. Amendments noted where applicable.]
It shall be unlawful in the town, outside of any incorporated village, for any person other than the owner to intrude, trespass or go upon any public or private property, including any bulkhead, jetty or rock wall, which property or properties have been posted as provided in this chapter, without the written consent of the owner of the private property or a public official having charge of any public property; it shall also be unlawful to pick any flowers, shrubs or trees upon any public or private property or mar or deface any public or private building.
Whether or not property shall have been posted, as provided in this chapter, no person shall enter or go upon any land owned by the town for the purpose of occupying the property or erecting any structure thereon or for removing from such lands any soil, topsoil, sand or gravel, nor shall any person occupy town lands or erect any structure thereon or remove therefrom any soil, topsoil, sand or gravel without having first obtained the consent of the Town Board and without complying in all respects with the conditions, if any, upon which such consent shall be granted, but nothing contained in this section shall be deemed to prevent any resident of the town from using any town park or waters for ordinary bathing, boating, fishing or other public recreational purposes.
The failure of any person to exhibit a written consent required by this chapter to any peace officer or any town official or employee shall be presumptive evidence that the person has no consent or permission to be upon the property.
Notices or signboards required by this chapter to be posted shall state "No Trespassing" and shall be not less than 14 inches high by 24 inches wide and have letters not less than four inches high. On any plot or parcel of land having less than 200 feet street frontage, the posting of one such sign shall be sufficient compliance with this chapter; on all other plots or parcels, notices shall be so placed that when in position each notice or signboard shall not be separated for a distance between signs greater than 200 feet.
Any person committing an offense against this chapter or any provision or section thereof shall be guilty of a violation punishable by a fine not to exceed $250 or imprisonment not to exceed five days for each such offense, or by both such fine and imprisonment for a first conviction, and, upon conviction of a second or subsequent offense within five years of a conviction of a previous offense herein, shall be guilty of a violation punishable by a fine of not less than $250 or imprisonment not to exceed 15 days, or by both such fine and imprisonment.