[HISTORY: Adopted by the Town Board of the Town of Huntington 6-3-1969 as Ch. 29 of the 1969 Code of the Town of Huntington. Amendments noted where applicable.]
GENERAL REFERENCES
Loitering, parking and congregating in recreational facilities — See Ch. 159, Art. I.
Trespassing — See Ch. 188.
[Added 7-1-2008 by L.L. No. 19-2008[1]]
BUSINESS
The sale of goods or any product, goods, services, performance or activity which is provided or performed or offered to be provided or performed, in exchange for money, labor, goods, or other form of consideration.
CANNABIS
All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. It does not include hemp, cannabinoid hemp or hemp extract as defined in section three of the New York State Cannabis Law or drug products approved by the Federal Food and Drug Administration.
[Added 12-14-2021 by L.L. No. 67-2021]
CONSUME
Smoke, vape, ingest or use.
[Added 12-14-2021 by L.L. No. 67-2021]
ELECTRONIC CIGARETTE
Electronic device that delivers vapor or an aerosol which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.
[Added 12-14-2021 by L.L. No. 67-2021]
EMPLOYMENT
Services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written or oral, express or implied.
PERSON
Any individual, company, corporation, association, business or legal entity.
SMOKE
Burn a lighted cigar, cigarette, pipe or any other matter or substance which contains cannabis.
[Added 12-14-2021 by L.L. No. 67-2021]
SOLICIT OR SOLICITATION
Any request, offer, enticement, or action which announces the availability for or of employment or the sale of goods, or a request, offer, enticement or action which seeks to purchase or secure goods or employment. Examples of behavior which constitute solicitation or attempted solicitation include but are not limited to waving arms, making hand signals, shouting to someone in a vehicle, jumping up and down, waving signs pointed so as to be readable by persons in vehicles, quickly approaching or rushing to vehicles, standing in the public right-of-way or adjacent areas while facing vehicles in the roadway, or entering the roadway portion of a public right-of-way. A solicitation shall be deemed complete when made whether or not an employment relationship is created, a transaction is completed or an exchange of money or property takes place.
VAPE
Use an electronic cigarette that delivers vapor or an aerosol which is inhaled by an individual user.
[Added 12-14-2021 by L.L. No. 67-2021]
[1]
Editor’s Note: This local law also redesignated former § 135-1 as § 135-2.
[Amended 7-15-1969 by Ord. No. 69-CE-2; 9-9-1969 by Ord. No. 69-CE-11; 11-25-1969 by Ord. No. 69-CE-16; 10-13-1970 by Ord. No. 70-CE-16; 6-3-1975 by Ord. No. 75-CE-10; 6-3-1975 by Ord. No. 75-CE-12; 6-17-1975 by Ord. No. 75-CE-13; 9-28-1976 by Ord. No. 76-CE-31; 2-6-1979 by Ord. No. 79-CE-2]
It shall be unlawful to park, loiter or congregate (except for scheduled events) at the following times and in the following places:[2]
A. 
Between 10:00 p.m. and 5:00 a.m.:
Washington Drive municipal parking lot located in the Hamlet of Centerport, on Washington Drive
B. 
Between sunset and sunrise in the following Town-owned cemeteries:
Baker's Lane Cemetery
Blatchley Cemetery
Brown's Cemetery
Brush Cemetery, Edcris Lane, west of Rancher Place, WGSM property
Brush Cemetery, Round Swamp Road, north of Vannina on west side of Round Swamp
Buffet Cemetery
Burr Cemetery, Jericho Turnpike and Larkfield Road, East Northport; middle of Modell parking lot
Burr Road Cemetery, Burr Road opposite Burrwood Court
Caledonia Hills Cemetery
Carll Cemetery
Carman Cemetery
Chichester Cemetery
Commack Road Cemetery
Crabmeadow Burying Ground
Crossman Cemetery
Dennis Cemetery
Dix Hills Road Cemetery
Elwood Road Cemetery
Fort Salonga Road Cemetery
Gardiner Cemetery (Cherry Lawn Lane)
Gardiner Cemetery (on grounds of Little Plains School, off Park Avenue)
Gaylore Drive Cemetery
Heritage Hill Cemetery
Jones Cemetery
Ketchem Cemetery
Larkin Road Cemetery
Middleville Road Cemetery
Nostrand Cemetery
Oakes Cemetery
Old Bridge Cemetery
Old Burial Ground
Smith Cemetery, Lenox Road, south of Barclay Street Huntington Station
Smith Cemetery, 1/8 mile south of Expressway, Maxess Road on Estee Lauder property
Tilden Cemetery
Totten Cemetery
Valentine Cemetery
Van Cott Cemetery
Van Nostrand Cemetery
Wickes Cemetery
Woolsey Cemetery
[1]
Editor's Note: Former § 135-2, Penalties for offenses, was repealed 7-1-2008 by L.L. No. 19-2008.
[2]
Editor's Note: For provisions pertaining to loitering, parking and congregating during certain hours in Town parks and recreation facilities, see Ch. 159, Recreational Facilities, Art. I. Use Regulations and Restrictions.
[Added 7-1-2008 by L.L. No. 19-2008[1]]
A. 
Legislative intent. The Board recognizes that solicitation of employment or business constitutes commercial speech. Streetside solicitation compromises the safety of pedestrians and motorists using the public right-of-ways by impeding the traffic flow, blocking traffic lanes, and making it difficult for motorists to detect potential hazards, observe traffic control signals, and prepare to move through streets and intersections. An obstruction or delay in traffic flow at one point along a traffic artery caused by persons approaching vehicles in the roadway result in delays and traffic backups at distant points. Harassment of motorists and pedestrians from the sidewalk, littering and trespassing deteriorate the quality of life for all residents. The aesthetic appearance of surrounding properties is negatively impacted by the visual clutter of these activities. The Town Board intends to protect the health, welfare and safety of pedestrians and motorists using public ways, including the solicitors themselves, those being solicited, and those in close proximity. In order to accomplish these goals, the Town Board is exercising its authority pursuant to § 10(1)(ii)(a)(11) and (12) and § 10(1)(iii)(d)(3) of the Municipal Home Rule Law, § 130(7), (11) and (15) of Town Law, and any other applicable provision of law now or hereinafter enacted to strike a balance between the advancement of economic growth and the safety and security of our residents. This legislation is a reasonable and necessary response to the hazards stated and is as limited as possible to achieve the objectives identified by the Board.
B. 
It is unlawful for any person to solicit or attempt to solicit employment or business, while on a public right-of-way, including but not limited to a public street or sidewalk, roadway, alley or driveway; or while as an occupant of a vehicle traveling along a public right-of-way, street, alley or driveway.
C. 
Nothing contained herein shall be construed to prohibit the following:
(1) 
The Town Board by resolution may designate a location where the solicitation of employment is permitted and where notice has been conspicuously posted at the location in English or English and Spanish.
(2) 
Nothing shall prohibit a business or property owner from soliciting or hiring employment at or on its premises, except that vehicles, recreational vehicles, trailers and other similar types of mobile locations shall not be considered a business or property exempted by this section.
(3) 
Service related activities such as taxicabs, limousine service, public transportation, towing operations, ambulance service and other similar uses.
[1]
Editor's Note: This local law also redesignated former § 135-4 as § 135-16.
[Added 7-1-2008 by L.L. No. 19-2008]
A. 
It shall be unlawful to solicit employment or business in private parking areas, service and loading areas, recreational areas and other common areas on private property, if a sign is conspicuously posted at each entrance to the property prohibiting the solicitation of employment or goods in areas of the property which are not approved for such activity.
B. 
Where a sign has been posted there shall be a presumption that the sign was installed by or at the direction of the owner, his agent or person in lawful possession of the property.
C. 
An owner or person in lawful possession who has posted such a sign may send a written notice to the Director of Public Safety advising that a sign or signs have been posted on the property; their location; the name, address and telephone number of the owner or person in lawful possession of the property; and written authority to enter upon such property for the purpose of enforcing the provisions of this section.
[Added 9-14-2021 by L.L. No. 54-2021]
No person shall defecate or urinate in any public place, as defined in New York State Penal Law Article 240 (Offenses against public order; definitions of terms), except in a public or private toilet or restroom.
[Added 12-14-2021 by L.L. No. 67-2021]
No person shall consume cannabis on any property owned, or at any facility operated, by the Town of Huntington, the Town of Huntington Board of Trustees, or the Huntington Community Development Agency.
[Added 4-16-2002 by L.L. No. 12-2002; amended 7-1-2008 by L.L. No. 19-2008; 11-6-2019 by L.L. No. 56-2019]
(A) 
Any person violating the provisions of § 135-2 shall be guilty of an offense which shall be punishable by a fine of not less than one hundred ($100) dollars and not more than two hundred fifty ($250) dollars.
(B) 
Any person violating § 135-3 shall be deemed guilty of an offense which shall be punishable by a fine not less than fifty ($50) dollars and not more than one thousand ($1,000) dollars and, if the Plaza or any part thereof has been damaged by a person while violating § 135-3, then a conditional discharge shall be issued requiring the violator to pay restitution to the Town of Huntington sufficient to restore, repair or replace the marred, defaced, damaged or destroyed part of the Plaza.
(C) 
Any person or business entity who commits or permits any acts in violation of the provisions of § 135-4 and § 135-5 shall be deemed to have committed an offense, and shall upon conviction thereof, be subject to a fine of not less than one hundred ($100) dollars and not more than five hundred ($500) dollars for a conviction of a first offense; upon the conviction of a second offense committed within five (5) years of the first offense, a fine of not less than two hundred fifty ($250) dollars and not more than seven hundred fifty ($750) dollars; and a conviction of a third or subsequent offense committed within five (5) years of the first offense, shall be punishable by a fine of not less than five hundred ($500) dollars and not more than one thousand ($1,000) dollars.
[Amended 9-14-2021 by L.L. No. 50-2021]
(D) 
Any person found guilty of violating § 135-6 shall be subject to a fine of not less than one hundred ($100) dollars and not more than two hundred fifty ($250) dollars for a conviction of a first offense; upon a conviction of a second offense, committed within five (5) years of the first offense, a fine of not less than two hundred fifty ($250) dollars and not more than five hundred ($500) dollars; and upon a conviction of a third or subsequent offense, committed within five (5) years of the first offense, a fine of not less than five hundred ($500) dollars and not more than seven hundred fifty ($750) dollars, or by imprisonment not exceeding ten (10) days in jail, or by both such fine and imprisonment.
[Added 9-14-2021 by L.L. No. 54-2021[1]]
[1]
Editor's Note: This local law also redesignated former Subsections D and E as Subsections E and F, respectively.
(E) 
A violation of § 135-7 shall be punishable by a civil penalty of twenty-five ($25) dollars.
[Added 12-14-2021 by L.L. No. 67-2021[2]]
[2]
Editor's Note: This local law also redesignated former Subsections E and F as Subsections F and G, respectively.
(F) 
Any person or entity found by the Bureau of Administrative Adjudication to have violated this Chapter shall likewise be subject to a monetary penalty in an amount within the range of fines or penalties authorized in subdivisions (A), (B), (C), (D), and (E) for the respective violations referenced therein.
[Amended 12-14-2021 by L.L. No. 67-2021]
(G) 
In addition to the criminal and civil penalties set forth herein or in other applicable law, rule or regulation, the Town Attorney is authorized to pursue civil and equitable relief in the name of the Town in a court of competent jurisdiction, including but not limited to compensatory actions; civil penalties in the amount of up to two hundred fifty ($250) dollars per day, or any part thereof; an action to compel compliance with or to restrain by injunction the violation of this chapter; and other remedies which in the opinion of the Town Attorney may seem necessary and proper.