[HISTORY: Adopted by the Town Board of the Town of Rye 5-31-1966. Amendments noted where applicable.]
No athletic sport, game, exhibition, show, entertainment, carnival,
flying horses or dance platform shall be held, maintained or erected
on any lot or street within the Town without a permit issued by the
Town Clerk upon authorization of the Supervisor and Town Board. The
permit shall be granted only when the request therefor is accompanied
by the written consent of 2/3 of the residents within 300 feet of
the lot, lots or street on which the athletic sport, game, exhibition,
show, entertainment, carnival, flying horses or dance platform are
to be held or erected. Before the permit is issued there shall be
paid to the Town Treasurer a fee of $10 for each permit granted for
a period of less than one week, which shall be deposited to the credit
of the general fund subject to the order of the Supervisor and Town
Board. Provided, however, that if the permit is sought to raise funds
for a public purpose or for educational, charitable or religious uses,
no fee shall be charged.
It shall be unlawful for any person to conduct any program through
any sound-amplifier device or television equipment intended to be
heard or seen by the public on the street outside of the premises
on which such device or equipment is located, or to erect or maintain
any aerial, antenna or similar equipment over any street or public
place or public building except pursuant to the permit issued by the
Supervisor and Town Board.
If any provision or portion of this code be declared invalid
by any court of competent jurisdiction such invalidity shall not affect
the remainder of the code.
Any person violating any provision of this code for which no
specific penalty has been provided shall, upon conviction thereof,
be punished by a fine of not more than $100 or by imprisonment in
such place of confinement as may be provided by law, not exceeding
90 days, or by both fine and imprisonment, in the discretion of the
court hearing the case.
This chapter shall become effective 10 days after first publication
and posting thereof.
It is hereby declared that the possession, maintenance and operation
in the Town of Rye, outside the limits of the incorporated Village
of Port Chester and incorporated Village of Mamaroneck of gaming devices,
as herein defined are a menace to the public health, morals, safety
and general welfare of the people of the Town, and that such gaming
devices encourage and foster gambling among adults and children, tend
to cause juvenile delinquency and corrupt the morals of children,
breed crime, rackets and gangsterism. The necessity of legislative
intervention by the enactment of the provisions of this chapter is
hereby declared as a matter of legislative determination.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes:
Any game involving any element of chance which is caused to
operate or may be operated as a result of the insertion of any piece
of money or coin or the insertion of any object for which a fee, charge
or other consideration is imposed, directly or indirectly.
Any machine, apparatus or punchboard, whether manually, mechanically,
electrically or otherwise operated and whether or not affixed or attached
to or installed in any premises, or place, in or upon which machine
or apparatus or punchboard, a game involving any element of chance,
may be played by one or more persons, singly or collectively.
Includes one or more individuals, a partnership, company,
an association of persons and a corporation.
It shall be unlawful for any person, by himself or by an agent
or employee, to possess or maintain a gaming device or permit the
maintenance or operation of any such gaming device in any premises
or place within the Town of Rye, outside the corporate limits of the
Village of Port Chester and the Village of Mamaroneck.
Violation of any provision of this chapter is hereby declared
to be a misdemeanor. Any person, firm, corporation, partnership or
association of persons found guilty of violation of any of the provisions
of this chapter may be punished by a fine not to exceed $100 or by
imprisonment not to exceed six months, or both, for each and every
offense.
If any clause, sentence, paragraph or part of this chapter or
the application thereof to any person or circumstance shall be adjudged
by any 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 or
part thereof and the persons and circumstances directly involved in
the controversy in which such judgment shall have been rendered.
This chapter shall become effective 10 days after first publication
and posting thereof.
