[Amended 4-4-2023 by L.L. No. 7-2023]
The intent of this chapter is to decrease quality-of-life violations
within the Town's Business Improvement District and Downtown Riverfront
Overlay District by creating zero tolerance zones such that these
urban renewal areas will become more desirable for residents, business
owners, and shoppers and, in turn, eliminate blight. Although Riverhead's
downtown has seen the beginnings of a new vibrancy in recent years
with the new mixed-use commercial and affordable/workforce residential
developments, construction of a world-class aquarium and Hyatt Conference
Center and Hotel, the reopening of the Suffolk Theater, a healthy
arts council, the new Preston House & Hotel and restaurant, as
well as numerous popular restaurants and businesses, there are still
blighted and underutilized properties flanking these improvements,
along with many other obstacles to overcome to realize full revitalization.
The Town Board of the Town of Riverhead recognizes that certain personal
conduct, such as aggressive panhandling, loitering, consumption of
alcohol and use of marijuana and other drugs in public spaces, public
urination and other similar conduct, is inconsistent with the family-friendly
environment that the Town residents wish to encourage. Accordingly,
the Town Board has determined that expanding the existing zero tolerance
zone established by this chapter to include the Downtown Riverfront
Overlay District will promote the public welfare, enhance the implementation
of specific area studies, and promote the goals and objectives of
the Comprehensive Plan, with the goal of creating a walkable, safe,
livable, clean, educationally enhancing, culturally vibrant, economically
revitalizing and family- and tourist-friendly downtown district.
The following areas are hereby designated to be zero tolerance
zones within the Town of Riverhead:
A. The entirety of the Business Improvement District.
B. The entirety of the Downtown Riverfront Overlay District.
[Added 4-4-2023 by L.L. No. 7-2023]
[Amended 4-4-2023 by L.L. No. 7-2023]
The fines and/or penalties for violations of the following chapters
of the Town Code of the Town of Riverhead shall be doubled in the
zero tolerance zones:
Chapter No.
|
Chapter Title
|
---|
207, Art. I
|
Dogs and Domestic/Farm Animals
|
213
|
Bicycles
|
245, Art. I
|
Littering
|
245, Art. II
|
Graffiti
|
247
|
Loitering
|
251, Art. I
|
Noise
|
257, Art, I
|
Peddling and Soliciting
|
[Added 4-4-2023 by L.L. No. 7-2023]
A. The Town
Board finds that it is critical to the general welfare of the citizens
and residents of the Town to protect and preserve the public safety
of pedestrians and to ensure the safe and efficient movement of pedestrian
and vehicular traffic in public places. The Town Board further finds
that public places, as defined in this chapter, serve the primary
purpose of enabling pedestrian and vehicular traffic to safely and
efficiently move about from place to place and that public places
in the urban core have become increasingly congested and should be
maintained to serve their primary purpose. Riverhead, as well as other
towns in New York, have experienced an increase in the number of incidents
of aggressive solicitation by individuals toward pedestrians. The
Town Board finds that aggressive acts associated with solicitation
tend to interfere with the free flow of pedestrian and vehicular traffic
and intimidate persons in public places and can lead to disruption
and disorder in public places. Aggressive acts can also cause persons
to avoid public places and lead to declining patronage of commercial
establishments and tourism. The Town Board finds that pedestrian interference
in public places and other offenses antithetical to the creation and
maintenance of vibrant, accessible and attractive public spaces are
inconsistent with the primary purpose of such public places and spaces
and threaten public health, safety and welfare. Accordingly, the Town
has a special and compelling interest in protecting its citizens and
guests from threatening, intimidating or harassing behavior caused
by aggressive solicitations and other indecent and/or offensive conduct
and in preserving the quality of life within the urban center identified
herein, in preserving public places where all of the community can
interact in a peaceful manner and in protecting and preserving the
public health, safety and welfare.
B. It is the
intent of the Town Board that homeless individuals subject to enforcement
under this chapter be directed to emergency shelters, community/drug/mental
health rehabilitation centers, or other interventional services.
[Added 4-4-2023 by L.L. No. 7-2023]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
AGGRESSIVE SOLICITATION
To solicit anything of value and intentionally engage in
conduct that would likely intimidate a reasonable person, including
but not limited to touching, following and persistently soliciting
anything of value after being refused either verbally or nonverbally.
Using violent or threatening language or gestures or taking similar
actions for the purpose of inducing another person into giving anything
of value, regardless of the solicitor's purpose.
ENTER
To cross the vertical plane of the edge of a prohibited roadway,
which includes crossing the vertical plane of the roadway by any part
of a person's body or any extension thereof or by use of any
device used to extend a person's ability to reach into the roadway.
INTIMIDATE
To engage in conduct which would make a reasonable person
fearful of imminent harm to his person or property or feel threatened.
KNOWN UNLAWFUL DRUG USER
A person who, within the knowledge of the arresting officer,
has been convicted in any court within this state, including a juvenile
court, of any violation involving the use, possession or sale of any
of the substances referred to in Article 220 of Title M of the New
York State Penal Law; or of any violation of any substantially similar
laws of any political subdivision of this state or any other state;
or displays physical characteristics of drug intoxication or usage,
such as "needle tracks"; or possesses drug paraphernalia as defined
in Article 220 of Title M of the New York State Penal Law; or the
person has, within the knowledge of the arresting officer, used, possessed
or sold any controlled substance in violation of any of the provisions
of Article 220 of Title M of the New York State Penal Law, regardless
of whether the person was arrested for such use, possession or sale;
or the person is currently subject to an order prohibiting his presence
in a high drug activity geographic area and/or the area involved is,
by public repute, known to be an area of unlawful drug use and trafficking;
the person is observed at a location known to have been reported to
law enforcement as a place suspected of drug activity pursuant to
Article 220 of Title M of the New York State Penal Law; the person
behaves in such a manner as to raise a reasonable suspicion that he
is about to engage in, or is then engaged in, an unlawful drug-related
activity, including, by way of example only, acting as "lookout";
the person is identified by the officer as a member of an association,
group, organization or gang which has illegal drug activity as one
it its significant characteristics, history or purpose; the person
transfers small objects or packages for currency in a furtive fashion;
the person takes flight upon the appearance of a police officer; the
person manifestly endeavors to conceal himself or any object which
reasonably could be involved in an unlawful drug-related activity;
the person refuses to identify himself upon request of an identified
police officer.
LEWD ACT
The touching, caressing or fondling of the genitals or breast(s)
of oneself or another; sexual intercourse; or masturbation.
OBSTRUCTION OF PEDESTRIAN TRAFFIC
To intentionally walk, stand, sit, lie, or place an object
in such manner as to obstruct or impede, or a person of ordinary sensibilities
would conclude it tends to obstruct or impede, the free passage of
pedestrians through the area; or that requires, or would require,
evasive action by a pedestrian to avoid physical contact.
OBSTRUCTION OF VEHICULAR TRAFFIC
To solicit from the occupants of any vehicle and be physically
present within or subsequently enter a prohibited roadway; or to intentionally
engage in any conduct that would obstruct or impede the free flow
of vehicular traffic on any public roadways, sidewalks, or in a driveway
located in the public right-of-way.
PROHIBITED ROADWAY
All vehicular routes located within the boundaries of zoning
districts herein and shall include: any portion of a road traveled
by vehicles; paved shoulders, sidewalks and bike lanes; medians, which
may be denoted by a physical barrier or solid yellow pavement markings;
both sides of the road. All sidewalks and curbs shall be excluded.
PUBLIC PLACE
An area generally open to the public and includes alleys,
bridges, buildings, driveways, parking lots, parks, plazas, sidewalks,
and streets open to the general public, including those that serve
food or drink or provide entertainment, and the doors and entrances
to buildings or dwellings and the grounds enclosing them.
SOLICIT
To ask, beg, or plead, whether orally, nonverbally or in
a written or printed manner, for the purpose of immediately receiving
contributions, alms, charity, or gifts of items of value for oneself
or another person; or to either orally, nonverbally or in a written
or printed manner sell or offer for immediate sale goods, services
or publications; or to distribute without remuneration goods, services,
or publications.
B. Aggressive solicitation prohibited.
(1) No person shall aggressively solicit another person or business within
the zero tolerance zones.
(2) Aggressive solicitation within the zero tolerance zones shall be
a violation punishable by a fine not to exceed $500 and/or a term
of incarceration not to exceed 15 days upon conviction or entry of
a plea of guilty.
C. Obstruction of pedestrian traffic prohibited.
(1) No person shall obstruct pedestrian traffic within the zero tolerance
zones.
(2) If the impediment or obstruction is caused by the size of a particular
group of persons, all persons within the group are equally subject
to this subsection.
(3) Acts committed as a valid exercise of one's constitutional rights
which incidentally interfere with pedestrian traffic in order to exercise
that right or acts authorized by a special events permit do not constitute
obstruction of pedestrian traffic.
(4) No person shall be subject to enforcement under this subsection unless
the person engages in conduct prohibited by this subsection after
having been notified by a law enforcement officer that the conduct
violates this subsection and has been given a reasonable amount of
time to comply or has refused to comply. If the individual fails to
comply in a reasonable time or engages in prohibited conduct in another
location within the designated zero tolerance zone, a law enforcement
officer may enforce this subsection.
(5) Obstruction of pedestrian traffic within the zero tolerance zones
shall be a violation punishable by a fine not to exceed $500 and/or
a term of incarceration not to exceed 15 days upon conviction or entry
of a plea of guilty.
D. Obstruction of vehicular traffic prohibited.
(1) No person shall obstruct vehicular traffic within the zero tolerance
zones.
(2) Exceptions: a person summoning aid in an emergency situation or upon
solicitation from the occupant of a vehicle that is legally parked.
(3) Obstruction of vehicular traffic within the zero tolerance zones
shall be a violation punishable by a fine not to exceed $500 and/or
a term of incarceration not to exceed 15 days upon conviction or entry
of a plea of guilty.
E. Sitting, lying, sleeping on sidewalks prohibited.
(1) No person may sit or lie down upon a public sidewalk, or upon a blanket,
chair, stool, or any other object placed upon a public sidewalk, at
any time within the zero tolerance zones.
(2) At all times it shall be unlawful to sit or lie on any drinking fountain,
trash container, planter, bicycle rack, fence, or any other sidewalk
fixture not designed primarily for the purpose of sitting, and it
shall further be unlawful to lie, sleep, or stand on public benches
located on public sidewalks or within benches located in parks within
the zero tolerance zones.
(3) At all times it shall be unlawful to sit or lie in any entrance to
or exit from any building, or vestibule thereof, or parking lot, or
on any loading dock.
(4) No person shall be subject to enforcement under this subsection unless
the person engages in conduct prohibited by this subsection after
having been notified by a law enforcement officer that the conduct
violates this subsection and has been given a reasonable amount of
time to comply or has refused to comply. If the individual fails to
comply in a reasonable time or engages in prohibited conduct in another
location within the designated zero tolerance zone, a law enforcement
officer may enforce this subsection.
(5) Exceptions: sitting or lying down due to a medical emergency or due to a sensory, mental, or physical disability; a person who, as the result of a sensory, mental, or physical disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk; operating or patronizing a business with permission to occupy the sidewalk; participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a special event or other applicable permit; sitting on a chair or bench supplied by a public agency or by the abutting private property owner pursuant to the appropriate permit or license; sitting within a bus stop zone while waiting for public or private transportation; sitting on a privately owned sidewalk fixture with the permission of the owner; engaging in constitutionally protected expressive activities which would otherwise be restricted by the limitations in Subsection
E(1) above; sitting at a restaurant table for the purpose of dining at an establishment holding a valid outdoor dining permit pursuant to §
253-1.
(6) Sitting, lying, sleeping on sidewalks within the zero tolerance zones
shall be a violation punishable by a fine not to exceed $500 and/or
a term of incarceration not to exceed 15 days upon conviction or a
plea of guilty.
F. Loitering for the purpose of engaging in drug-related and/or prostitution-related
activity prohibited.
(1) No person or known unlawful drug user shall loiter in or near any
thoroughfare, park, or any place open to the public within the zero
tolerance zones in a manner and under circumstances manifesting a
purpose to engage in drug- and/or prostitution-related activity contrary
to any of the provisions of Article 220 or 230 of Title M of the New
York State Penal Law.
(2) No arrest may be made under this subsection unless the arresting
officer first affords the subject an opportunity to explain such conduct.
It is a defense under this subsection that the explanation given was
true and disclosed a lawful purpose.
(3) In determining whether a person is manifesting a purpose to engage
in drug- or prostitution-related activity contrary to any of the provisions
of Articles 220 and/or 230 of Title M of the New York State Penal
Law, the cumulative knowledge of all officers involved may be considered
by the arresting officer.
(4) Loitering for the purpose of engaging in drug-related and/or prostitution-related
activity within the zero tolerance zones shall be a Class B misdemeanor
punishable by a fine not to exceed $2,500 and/or a term of incarceration
not to exceed 90 days upon conviction or a plea of guilty.
G. Smoking or vaping prohibited.
(1) No person shall smoke cigarettes, cigars or vape or smoke through
any other mechanism tobacco or cannabis products or any other controlled
substance as defined in Article 220, Title M, of the New York State
Penal Law on any public roadway, sidewalk or parking area located
within the zero tolerance zones.
(2) No person shall dispose of cigarette butts or other smoking-related
materials or waste other than in a dedicated receptacle for same.
(3) Smoking or vaping within the zero tolerance zones shall be a violation
punishable by a fine not to exceed $500 and/or a term of incarceration
not to exceed 15 days upon conviction or a plea of guilty.
H. Lewd acts prohibited.
(1) It shall be unlawful for a person to intentionally perform any lewd
act in a public place or at a place under circumstances where such
act could be observed by any member of the public.
(2) This subsection shall be not applicable to classes, seminars, and
lectures held for serious scientific, cultural or educational purposes;
expressive conduct such as exhibits, performances or dances that are
not obscene, subject to time, place and manner restrictions; or the
exposure of a female breast while nursing an infant or expressing
breast milk.
(3) Lewd acts within the zero tolerance zones shall be a Class B misdemeanor
punishable by a fine not to exceed $1,000 and/or a term of incarceration
not to exceed 90 days upon conviction or a plea of guilty.
I. Trash can interference and rummaging prohibited.
(1) No person, firm or individual shall in any way take or remove any
item whatsoever from rubbish placed in a trash container, trash receptacle,
garbage can or dumpster located within the zero tolerance zones, nor
shall any person remove, take away, carry away, rummage through, knock
down, move, displace, upset, rearrange, separate or in any other way
interfere or disrupt the containers, trash cans, or other receptacles
used for the collection and removal of rubbish by the Town or by businesses
located within the zero tolerance zones.
(2) No person shall remove coins from any public or private fountain
or water feature.
(3) Trash can interference and rummaging within the zero tolerance zones
shall be a violation punishable by a fine not to exceed $500 and/or
a term of incarceration not to exceed 15 days upon conviction or a
plea of guilty.
[Added 4-4-2023 by L.L. No. 7-2023]
If any clause, sentence, paragraph, section or subsection, or
any other part of this chapter or application thereof to any person
or circumstances shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof or the application thereof to other persons
and circumstances but shall be confined in its operation to the clause,
sentence, paragraph, section or subsection, or part thereof, and the
persons and circumstances directly involved in the controversy in
which such judgment shall have been rendered.
[Amended 4-4-2023 by L.L. No. 7-2023]
This chapter shall become effective following its filing in
the office of the Secretary of State.