[HISTORY: Comes from L.L. No. 55-1985, adopted 6-4-1985, effective 6-13-1985. Amendments noted where applicable.]
Use of alcoholic beverages in parks — See Ch. 78.
Editor's Note: Original § 77-0 of this chapter provided the following legislative intent: "It is the purpose of this chapter to protect the public interest, welfare, health and safety within the Town of Hempstead by prohibiting the consumption of alcoholic beverages in public places within the town. The Town Board finds that possession of an open or unsealed container of alcoholic beverage in a public place within the town leads to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the public peace, littering of the public places and destruction of property. The Town Board finds further that preservation of the public health, and prevention of conditions which lead to conduct disturbing the public peace attributable to consumption of alcoholic beverages, can be accomplished by the prohibition of consumption of alcoholic beverages in public places, and by restricting the possession of an open or unsealed container of alcoholic beverages under circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.
Editor's Note: This local law also superseded former Ch. 77, Public Places, Regulation of, adopted 5-2-1978 by L.L. No. 51-1978, effective 5-8-1978, as amended.
As used in this chapter, the following words or phrases shall have the meanings ascribed to them herein. All other words or phrases shall have the meanings usually ascribed to them in regular usage:
- ALCOHOLIC BEVERAGE
- Includes any liquor, beer, wine, spirits, cider or other liquid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a human being.
- Any bottle, can, glass, cup or other receptacle of any kind.
- PUBLIC LAND
- Includes any public highway, street, alley, sidewalk, public parking area or lot, park or playground, public building, transportation facility or ground whether vacant or improved, within the unincorporated boundaries of the town.
- PUBLIC PLACE
- Shall have the same meaning as "public land" defined herein.[Added 6-29-1993 by L.L. No. 37-1993, effective 7-6-1993]
- The unincorporated areas of the Town of Hempstead.[Amended 6-29-1993 by L.L. No. 37-1993, effective 7-6-1993]
It shall be an offense against this chapter for any person to:
The following prohibition shall not apply to consumption of an alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized by license or permit under the laws and regulations of this state and under the regulations of the town, or a gathering or function for which permission has been previously granted by the appropriate governing body, board, agency or commission.
For purposes of this chapter, the following rebuttable presumption shall apply: The possession by any person of an open or unsealed container containing an alcoholic beverage, while in or upon public land, as described in § 77-1 herein, within the town, shall be presumptive evidence that said container is possessed with intent to consume the contents thereof.
[Amended 6-29-1993 by L.L. No. 37-1993, effective 7-6-1993]
Each offense against § 77-2 of this chapter shall constitute a separate violation and, upon conviction in a court of competent jurisdiction, shall be subject to the following:
A first offense under § 77-2 of this chapter shall be punishable by a fine of not less than $50 nor more than $250 or by imprisonment for a period not exceeding 10 days for each offense, or by both such fine and imprisonment.
Should any provisions of this chapter be judicially determined to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of this chapter as a whole, and the remaining provisions hereof shall continue in full force and effect.
[Added 4-14-2009 by L.L. No. 30-2009, effective 4-22-2009]
Legislative intent. The Town Board has determined that there has been a proliferation of commercial sandwich board signs in the more heavily traveled public sidewalks of the Town. These signs are carried by, or affixed to the body of, a person who stands upon or traverses a public sidewalk. They contain a message designed to attract the attention of passersby, and to urge them to patronize a certain business. The Town Board finds that this is a potentially dangerous and unsightly practice. It is inconsistent with maintenance of a safe and aesthetically pleasing environment in the Town. This section is intended to prohibit sandwich board signs, and to limit signage advertising businesses to those signs which are located at the premises where the business is situated and which conform to the sign regulations of the Building Zone Ordinance.
Prohibition. It is prohibited for any person to stand upon or traverse any public land in the Town for the purpose of exhibiting a sign for the view of pedestrians or drivers in the vicinity, if the sign (1) is carried by him or her, or (2) is draped upon any part of his or her person, or (3) is in any manner affixed or attached to or supported by his or her person, or (4) constitutes is affixed to any structure in the physical control of such person, if such sign (5) shall exhibit a message advertising a business. Each violation of that prohibition shall be subject to the imposition of the same range of penalties as are applicable to a violation of § 77-2 of this chapter. The term "advertising a business" shall include appearance on the sign of a message that certain goods or services are available at a particular business or location. Nothing herein shall prohibit any noncommercial speech, or any advertisement of the availability of any goods or services offered by a religious, charitable or not-for-profit organization. Nothing herein shall make legal any prohibition set forth in Chapter 128 of this Code in relation to distribution of commercial advertising materials, or Chapter 118 of this Code in relation to the activities of commercial peddlers and solicitors.
[Added 6-21-2016 by L.L. No. 57-2016, effective 6-28-2016]
The Town Board of the Town of Hempstead has determined that there has been a proliferation of the use of unmanned aircraft systems (commonly known as "drones" and "model aircraft") (UAS) in and around the Town of Hempstead. The Town Board also finds that the flying of these drones presents a noisy and potentially dangerous condition to the public and wildlife that may be present at Town facilities and that drone use at Town facilities is inconsistent with the establishment and maintaining of a safe and pleasing public environment. The Town Board further finds that it is in the public interest to limit the private use of such UAS in the vicinity of Town of Hempstead facilities.
The Town Board recognizes that the Federal Aviation Administration has authority to regulate the use of UAS by public entities as well as UAS used for commercial purposes and that no person shall operate a UAS for commercial purposes without the express permission of the FAA.
Scope: The provisions of this chapter shall apply to the operation of any UAS on, near, or above any property maintained, occupied, controlled, or owned by the Town of Hempstead or any of the Town departments by any private, commercial, or business person or entity without having first sought and received approval of such use from the Town of Hempstead.
The provisions of this chapter do not, and are not intended to, limit, replace, or circumvent any state or federal law, code, or regulation but, rather, are intended to supplement such legislation.
Should any provision of this chapter be in conflict with any applicable state or local law, ordinance, code, or regulation, the more restrictive provision or requirement shall prevail.
For purposes of this chapter, the following rebuttable presumption shall apply: The possession by any person of a UAS while on or in the vicinity of any Town of Hempstead facility creates the presumption that such UAS has been used in violation of this chapter subjecting the possessor of such UAS to all penalties provided for herein.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- TOWN FACILITY
- Any park, beach, cemetery, building, repair facility, under the ownership or control of the Town of Hempstead, as well as any public area under the use or control of the Town of Hempstead.
- UNMANNED AIRCRAFT SYSTEM
- Any mechanical device which is airborne or may be caused to be airborne, including model airplanes and drones as well as any other similar mechanical device that is controlled by radio transmitter.
All employees of the Department of Buildings, the Department of Sanitation, the Department of Highways, and the Department of Public Safety who are now or hereafter charged with the responsibility to perform inspection and/or enforcement duties with regard to the laws, codes, ordinances, rules and regulations within the general jurisdiction of their respective departments are hereby further empowered to enforce the provisions of this chapter and to issue appearance tickets returnable in the District Court of Nassau County for violations thereof.
Penalties for offenses.
First offense: fine of $500 or 15 days in jail or both, plus the cost of permit.
Second offense within one year of first offense: fine of $1,000 or 15 days in jail or both, plus the cost of permit.
Third offense within 18 months of first offense: fine of $1,500 or 15 days in jail or both, plus the cost of permit.
Anyone seeking issuance of a special exception permit to operate a UAS, not otherwise permitted by other governmental authority, shall file an application with the Town Clerk on forms provided by the Town Clerk and pay the proscribed fee.
Filing period: An application for a permit shall be filed with the Town Clerk not less than 15 days or more than 30 days prior to the date upon which the applicant proposes to conduct the activity.
Form: The application for a permit shall set forth the following information:
The name, address and telephone number of the person seeking to conduct such activity.
If the activity is proposed to be conducted for, on behalf of or by an organization, the name, principal address and telephone number of the organization.
The name, address and telephone number of the person or officers of the organization authorized to be responsible for the activity.
The date when the activity is to be conducted.
The area over which the activity is proposed to be conducted as well as the starting point and the termination point.
The number of persons who will be involved conducting the activity.
The times when the activity is proposed to commence and terminate.
The altitude of the proposed UAS flight.
Description of any photographic, video and/or audio recording capabilities of the UAS as well as any attachments to the UAS.
Waiver of time limitation: The Town Clerk, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than 15 days prior to the proposed activity date.
The fee for such permit shall be set by order of the Town Board of the Town of Hempstead and may be adjusted from time to time by order of the then-seated Town Board.
As part of the application for a permit to operate a UAS under the terms of this chapter, the applicant must provide proof of liability insurance, naming the Town of Hempstead as an additional insured, in the following minimum limits:
Standards for issuance: The Town Clerk, upon consultation with the Commissioner and approval of the Town Board, shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, (s)he finds that:
The Town Board, in denying an application for a special exception permit, shall be empowered to authorize the conduct of the activity on a date, at a time different from that designated by the applicant. An applicant desiring to accept an alternate permit shall, within three days after notice of the action of the Town Board, file a written notice of acceptance with the Town Clerk. An alternate permit shall conform to the requirements of a permit under this chapter.
Notice to Town and other officials.
Immediately upon the issuance of a permit, the Town Clerk shall send a copy thereof to the following:
The Councilmember(s) representing the district in which the activity will take place.
The Commissioner of Parks and Recreation.
The Commissioner of the Department of Public Safety.
The Commissioner of Buildings.
The Commissioner of Sanitation.
The Commissioner of Conservation and Waterways.
Form of permit.
Each permit shall contain the following information:
The name and address of the person granted the permit.
The name of the manufacturer, model number, and serial number of the UAS to be flown.
Description of any photographic, video and/or audio recording capabilities of the UAS as well as any attachments to the UAS.
The date the activity is to be conducted.
The assembly area, the starting point and the termination point of the activity.
The starting time and the approximate time the activity is to terminate.
The area in and over which the UAS will be operated.
Duties of permittee.
A permittee hereunder shall comply with all permit terms and conditions and with all applicable laws and ordinances.
The person granted the permit shall have the permit in his/her immediate possession at all times during the conduct of the activity and shall display the same upon demand of any person authorized to enforce this chapter.
Conduct of permittee.
Permittee shall operate the authorized UAS in a manner consistent with the permit issued by the Town of Hempstead.
Exceptions. The above prohibition shall not apply to the use of drones where the same is authorized by license or permit under the laws and regulations of the United States of America, the State of New York, or under the regulations of the Town of Hempstead, or as a function for which permission has been previously granted by the appropriate governing body, board, agency or commission having authority to grant such permissions.
[Added 4-25-2017 by L.L. No. 31-2017, effective 5-2-2017]
Notwithstanding any language in this Code of the Town of Hempstead to the contrary and in addition to any other violations of applicable laws, any person disobeying an order of a Nassau County police officer, Town of Hempstead Public Safety Department officer, any other peace or law enforcement officer with jurisdiction or any duly identified person employed by the Town of Hempstead in a supervisory capacity; using threatening, abusive or menacing language directed at another person; doing any unlawfully obscene or indecent act; throwing stones or other dangerous objects; annoying persons; interfering with, encumbering, obstructing or rendering dangerous any part of a Town facility; doing any act tending to or amounting to a breach of the peace; introducing, carrying or firing any firecrackers, torpedoes or fireworks; engaging in, instigating, aiding or encouraging a contention or fight, whether or not a ring or prizefight; urinating and/or defecating at any public place, except through utilization of facilities in an available public restroom; or assaulting any persons shall be guilty of the violation of disorderly conduct. Each such act committed during the same occurrence or series of occurrences shall constitute a separate and distinct commission of an act of disorderly conduct.
[Amended 6-5-2018 by L.L. No. 51-2018, effective 6-14-2018]
[Added 9-4-2018 by L.L. No. 73-2018; effective 9-14-2018]
Notwithstanding any other provision of law, a mother may breast feed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother's breast is covered during or incidental to the breast feeding.