[Added 7-11-2018 by L.L.
No. 5-2018]
A. Legislative intent. This section is adopted in order to protect persons
from threatening, intimidating or harassing behavior, to keep public
places safe and attractive for use by all members of the community
and to maintain and preserve public places where all of the community
can interact in a peaceful manner. This section is also intended to
provide for the free flow of pedestrian and vehicular traffic on streets
and sidewalks in Mineola, to promote tourism and business and preserve
the quality of village life. The Board of Trustees 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.
By this section, the Board of Trustees intends to promote the health,
safety and welfare of the citizens and visitors to Mineola.
B. Definitions. Whenever the following words and phrases are used in
this section, they shall have the following meanings:
AGGRESSIVE MANNER
(1)
Intentionally or recklessly making any physical contact with
or touching another person in the course of the solicitation, or approaching
within an arm's length of the person, except with the person's
consent;
(2)
Following the person being solicited, if that conduct is:
(a)
Intended to or is likely to cause a reasonable person to fear
imminent bodily·harm or the commission of a criminal act upon
property in the person's possession; or
(b)
Is intended to or is reasonably likely to intimidate the person
being solicited into responding affirmatively to the solicitation;
(3)
Continuing to solicit within five feet of the person being solicited
after the person has made a negative response, if continuing the solicitation
is:
(a)
Intended to or is likely to cause a reasonable person to fear
imminent bodily harm or the commission of a criminal act upon property
in the person's possession; or
(b)
Is intended to or is likely to intimidate the person being solicited
into responding affirmatively to the solicitation;
(4)
Intentionally or recklessly blocking the safe or free passage
of the person being solicited or requiring the person, or the driver
of a vehicle, to take evasive action to avoid physical contact with
the person making the solicitation;
(5)
Intentionally or recklessly using words:
(a)
Intended to or likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the
person's possession; or
(b)
Intended or likely to intimidate the person into responding
affirmatively to the solicitation; or
(6)
Approaching the person being solicited in a manner that is:
(a)
Intended to or is likely to cause a reasonable person to fear
imminent bodily harm or the commission of a criminal act upon property
in the person's possession; or
(b)
Intended to or is likely to intimidate the person being solicited
into responding affirmatively to the solicitation.
SOLICIT
Includes, without limitation, the spoken, written, or printed
word or such other acts or bodily gestures as are conducted in furtherance
of the purposes of immediately obtaining money or any other thing
of value.
C. Prohibited conduct. No person shall aggressively panhandle in violation
of this section within the Village of Mineola.
D. Penalties for offenses. A violation of this section shall be a "violation" as that term is defined in the Penal Law. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in §
1-6 of the Code of the Village of Mineola.
E. Severability. If any provision of this section is declared invalid
or unconstitutional for any reason, the remaining provisions shall
be severable and shall continue in full force and effect.
[Amended 6-21-2000 by L.L. No. 29-2000]
A. The Incorporated Village of Mineola will, at all times, maintain
control over the use of its recreational facilities, including, but
not limited to, all parks, playgrounds, picnic areas, the roller-skating
rink, baseball fields, soccer fields, basketball courts, tennis courts
and the Village pool.
B. Except as otherwise authorized by the Board of Trustees, any individual
utilizing the Village's recreational facilities must possess
a valid Village of Mineola leisure pass.
C. Village enforcement officers, the Nassau County Police Department
and facility and park attendants are hereby authorized to deny access
to or evict or remove or cause to be removed any individual who is
unable to present a valid Village of Mineola leisure pass when asked
to do so.
D. No person, except authorized personnel of the Village, shall enter
or be present in or upon any Village park between sunset and sunrise
of the following day, except in those parks where different hours
are posted by authority of the Board of Trustees.