[HISTORY: Adopted by the Town Board of the
Town of DeWitt 2-11-2019 by L.L.
No. 1-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 137.
Signs — See Ch. 151.
Streets and sidewalks — See Ch. 161.
[1]
Editor's Note: This local law also repealed former Ch. 138,
Peace and Good Order, adopted 6-13-1977.
By the adoption of this chapter, the Town Board of the Town
of DeWitt declares its intent to be to regulate, in a manner consistent
with the interests of the general public and, in particular, the citizens
of the Town of DeWitt, the unlawful intrusion upon public or private
property by unauthorized persons or by those who refuse to or fail
to leave premises which they have no permission or lawful right to
occupy. In the exercise of its police power in these regards, the
Town of DeWitt does hereby enact the following chapter.
When used in this chapter, the following terms, unless otherwise
therein expressly defined, shall mean and include each of the meanings
herein respectively set forth:
A person "enters or remains unlawfully" in or upon premises
when he is not licensed or privileged to do so. A person who, regardless
of his intent, enters or remains in or upon premises which are at
the time open to the public does so with license and privilege unless
he defies a lawful order not to enter or remain, personally communicated
to him by the owner of such premises or other authorized person. A
license or privilege to enter or remain in a building which is only
partly open to the public is not a license or privilege to enter or
remain in that part of the building which is not open to the public.
A person who enters or remains upon unimproved and apparently unused
land, which is neither fenced nor otherwise enclosed in a manner designed
to exclude intruders, does so with license and privilege unless notice
against trespass is personally communicated to him by the owner of
such land or other authorized person, or unless such notice is given
by posting in a conspicuous manner. A person who enters or remains
in or about a school building without written permission from someone
authorized to issue such permission or without a legitimate reason
which includes a relationship involving custody of or responsibility
for a pupil or student enrolled in the school or without legitimate
business or a purpose relating to the operation of the school does
so without license and privilege.
Includes the term "building" (as defined in New York Penal
Law § 140), and any real property.
A person is guilty of the violation of "trespass" when he
or she knowingly enters or remains unlawfully in or upon premises.
No person shall trespass on any public or private property located
within the Town. Any person guilty of trespassing shall be subject
to the penalties set forth herein.
A.
The Town Board may by resolution adopted by a majority of the Town
Board designate any Town-owned premises, or portions(s) thereof, as
"No Trespassing" and/or "No Swimming" areas.
B.
The Town is hereby authorized to install and maintain appropriate
and conspicuous signage, including, but not limited to, the installation
and posting of "No Trespassing" signs and/or "No Swimming" signs in
areas designated by Town Board resolution as "No Trespassing" and/or
"No Swimming" areas.
C.
In addition to any other trespass violation as set forth in this Chapter 138, a person shall be guilty of trespass in violation of this chapter if he or she enters upon public property that has been designated by resolution of the Town Board as a "No Trespassing" and/or "No Swimming" area, and upon which signage as provided for herein has been erected. Such person shall be subject to the penalties as herein below set forth.
The injury to or destruction of Town property or property of
a public utility is prohibited.
No person shall cut, break or destroy or in any way injure or
deface any tree, shrub, plant, grass, fence, post, railing, chain,
lamp, lamppost, sign, signpost, tree guard, building, bridge, structure
or any other property in or upon the streets, roads, highways or public
places of the Town, nor shall any trees or branches in any public
street or place be cut or removed except by direction of the Superintendent
of Highways or the Chief of Police.
A person who intrudes upon any lot or place of land within the
bounds of the Town without authority from the owner thereof, or who
erects or occupies thereon any structure whatever without such authority,
and any person who places, erects or occupies within the bounds of
any street or avenue of the Town any structure without lawful authority
shall be subject to the penalties provided herein.
The provisions of this chapter shall not apply to persons properly
licensed by the New York State Conservation Department engaged in
hunting, fishing or trapping, provided that they are in compliance
with all rules and regulations of the Conservation Department.
A.
Any person who commits any acts in violation of any of the provisions
of this chapter shall be guilty of a violation and, upon conviction,
shall be subject to a fine of up to $250, or imprisonment for up to
15 days, or both such fine and imprisonment.
B.
In addition to the above-provided penalties and punishment, the Town
Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of this chapter.
