Village of Great Neck, NY Chapter 453 Property, Public

[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck 7-16-2013 by L.L. No. 7-2013. Amendments noted where applicable.]

GENERAL REFERENCES

Advertising materials — See Ch. 142.

Assemblies, demonstrations and parades — See Ch. 174.

Littering — See Ch. 368.

Peace and good order — See Ch. 409.

Peddling and soliciting — See Ch. 416.

§ 453-1 Definitions.

As used in this chapter, the following terms shall mean and include:

PROHIBITED MATERIAL

Signs and structures.

PUBLIC PROPERTY

All real property owned by a municipality, school district, special district, or public authority, including, but not limited to public streets, both the paved and unpaved portions, and the sidewalks in and along them; parks; parking lots; and property improved with buildings and other structures.

SIGNS

Any written and/or pictorial matter, device, material, illustration, logo or other symbol, which is affixed to or painted, represented, or otherwise installed, erected, stapled, taped, or otherwise affixed on or to any part of a pole, rock, tree, building, fence, or other structure or vegetation, and any other object that is otherwise placed in view of the general public when having the result of being an attention-directing device, including, but not limited to, pennants, flags, balloons, blimps, and fluttering matter.

STRUCTURE

Anything constructed or erected, whether or not manufactured or constructed to be portable, on, above, or below the surface of land or water, including buildings, fences, walls, and signs, whether permanent or temporary.

VILLAGE PROPERTY

All real property owned by the Village, including, but not limited to Village streets, both the paved and unpaved portions, and the sidewalks in and along them; parks; parking lots; and property improved with buildings and other structures.

WALLS

Any material or combination of materials, whether physically connected or not, that produce a vertical height in excess of four inches, including the layering of stones, wood, or synthetic materials.

§ 453-2 Prohibitions.

A. No person shall place, construct, erect, install, or affix prohibited material on public property.

B. No person shall damage, alter, or destroy any structures or vegetation on Village property or a municipal street within the Village.

§ 453-3 Prohibited materials shall be deemed abandoned.

A. Any prohibited material placed, constructed, erected, installed, or affixed on public property in violation of this chapter shall be deemed abandoned and gifted to the owner of the property.

B. The owner of the property upon which the prohibited material was placed, constructed, erected, installed, or affixed on public property in violation of this chapter may remove and destroy or otherwise dispose of such material without notice to the owner of the prohibited material and without any liability for loss, cost, or damage to the owner of the prohibited material.

§ 453-4 Penalties for offenses.

The penalties for any violation of this chapter shall be as set forth in Article II of Chapter 1 of this Code.

§ 453-5 Affirmative defense.

In any prosecution of any violation of this chapter, it shall be an affirmative defense that the alleged violator had the consent of the public body that owned the property to perform the act that is the subject of the alleged violation.