[HISTORY: Adopted by the Board of Trustees of the Village
of Canajoharie 12-4-1990 by L.L.
No. 7-1990. Amendments noted where applicable.]
The Village Board of the Village of Canajoharie recognizes that
loitering in public places must be adequately controlled so as to
prevent public disorder, nuisances, littering and other acts and conditions
detrimental to the health, safety and welfare of the residents of
the Village, and this chapter is enacted pursuant to the police power
of the Village in order to provide such control and regulation.
A.
LOITER
(1)
(2)
(3)
(4)
OTHER PUBLIC PLACE
As used herein, the following words shall have the meanings below
set forth:
Encompasses but shall not be necessarily limited to one or
more of the following acts:
Obstruction of the free unhampered passage of pedestrians or
vehicles on the public sidewalks or public streets of the Village
of Canajoharie.
Obstructing, molesting or interfering with any person lawfully
upon any street, sidewalk, park or other public place in the Village
of Canajoharie.
Remaining in one location upon any street, sidewalk, park or
other public place in the Village of Canajoharie without being able
to establish a legitimate purpose in so remaining or, by general conduct,
exhibiting the absence of a lawful purpose in so remaining. In determining
whether or not a legitimate or lawful purpose for remaining in such
location has been established, consideration shall be given to the
fact that the person refuses to identify himself or his purpose in
being at such location. Unless flight by the person or other circumstances
makes it impracticable, a police officer shall, prior to any arrest
for an offense under this section, afford the person an opportunity
to identify himself and to state the reason for his presence at such
location. No person shall be convicted of an offense under this chapter
if the arresting officer fails to comply with this procedure or if
it appears at trial that the explanation hereunder given by the accused
is true and constitutes a valid reason for the person to be and remain
at such location.
Refusal to move from a location upon any public street, sidewalk,
park or other public place when requested to do so by a police officer,
provided that such officer has exercised his discretion reasonably
under the circumstances in order to preserve or promote public peace
and order.
Includes the area in front of or adjacent to any store, shop,
restaurant, luncheonette or other place of business, and shall include
also any parking lots or other vacant property not owned by or under
the dominion of the person charged with violation of this chapter.
Enforcement of this chapter as it relates to other public places as
herein defined shall be conditioned upon a request for such enforcement
by the owner, lessee, tenant or agent of said other public place sent
by certified mail, return receipt requested, to the attention of the
Chief of Police of the Village of Canajoharie, and notice of such
request shall be posted conspicuously by the owner, lessee, tenant
or agent thereof on such other public place. In addition to stating
the name of the owner and a description of the property involved,
the request shall include a certification stating that the provisions
of this chapter relating to posting of notice have been complied with.
B.
Use of the masculine term or description herein shall include the
feminine.
A.
It shall be unlawful for any person to loiter in or upon any street,
sidewalk or other public place or in any public building or in a public
park during those hours it is closed to the public or to obstruct
the access to any public building or any part thereof or to obstruct
passage through or upon any public street or park.
B.
It shall be unlawful for any person to loiter in other public places,
as hereinbefore defined, if the owner thereof has posted a notice
in such a place and in such a manner as is reasonably calculated to
afford notice of the prohibition to all interested parties.
Any person violating any provision of this chapter shall be
guilty of a violation punishable as follows: by imprisonment for a
term not exceeding 15 days or by a fine not exceeding $250, or by
both such fine and imprisonment, for each such violation, and the
Village Court of the Village of Canajoharie and the Town Court of
the Town of Canajoharie shall each have jurisdiction to hear and determine
any alleged violation hereof.
