Village of Great Neck Estates, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Estates 7-12-1926 by Ord. No. 10 (Ch. 93 of the 1981 Code). Amendments noted where applicable.]

§ 154-1 Public nuisances, annoyances and inconveniences.

[Amended 12-10-2001 by L.L. No. 7-2001]
A. 
Public nuisance prohibited. No person or entity shall engage in, perform, cause, allow or permit any of the following acts to occur on any public property, including a public street or highway:
(1) 
Committing an act in a violent and tumultuous manner toward another whereby that other is placed in danger of life, limb or health;
(2) 
Committing an act in a violent and tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged;
(3) 
Any fight, brawl or riotous conduct in such manner as to endanger the life, limb, health or property of another;
(4) 
Behaving in intimidating, violent or forceful conduct in such manner that such conduct constitutes a clear and present danger to the free and lawful movement of any person or to the extent that any other person will be, or is likely to be, restrained, enjoined, incapacitated or stopped in his lawful exercise of business, occupation, amusement, recreation or any other lawful pursuit;
(5) 
Obstructing, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refusing to clear such public way or public place when ordered to do so by the police or other lawful authority known to be such;
(6) 
Drinking or consuming any alcoholic beverage, or possessing any opened container thereof, in any public area or in public place not duly licensed for such purposes at the time of such event;
(7) 
Disturbing the peace of another or others by violent, indecent, offensive, hostile, boisterous or obscene conduct, which conduct is designed or calculated or likely to cause anguish or injury to another or others;
(8) 
Throwing any missile or object upon or at any person, vehicle, building, tree, sign or other public or private property;
(9) 
Damaging, befouling, urinating or defecating upon, or disturbing a public place so as to create a hazardous, unhealthy or physically offensive condition;
(10) 
Throwing, dropping or placing any bottle, can, paper or other garbage, litter or waste in or upon a public place or property, with the intent of discarding the same, except in a container or receptacle designated for such purpose;
(11) 
Making or causing to be made without reasonable cause any loud, boisterous and unreasonable noise or disturbance to the annoyance of any other person nearby or near to any public highway, road, street, lane, alley, park square or common whereby the public peace is broken or disturbed or the traveling public annoyed;
(12) 
Failing to obey a lawful order by a police officer to disperse, when such order is given by a person known to be such an official, where one or more persons are committing acts of disorderly conduct in the immediate vicinity, and the public health and safety is imminently threatened;
(13) 
Maliciously or without good cause interrupting, harassing, or molesting the speaker or speakers at any lawful assembly, meeting or gathering, or impairing the lawful rights of others to participate in such assembly, meeting or gathering when such conduct is calculated or likely to provoke disorderly conduct and procedure of the same or to cause turmoil or disturbance at same, after being warned to refrain from such conduct by the person in charge of the assembly, meeting or gathering;
(14) 
Acting in a manner designed, likely or tending to cause or provoke disturbance in any public building or place of business wherein matters affecting the public are being considered or deliberated and which is designed, likely or tending to interfere with the orderly conduct or procedure of such consideration or deliberation, after being warned by any person in authority to refrain from such conduct;
(15) 
Frequenting any public place with the intention to obtain money or other things of value from another or others by illegal or fraudulent schemes, tricks, artifices or devices;
(16) 
Assembling for the purpose of engaging in any fraudulent schemes, devices, artifices or tricks to obtain any moneys or things of value in any place or places from any person or persons;
(17) 
Using any obscene language reasonably audible in any public street or public place;
(18) 
In the case of any person over the age of six years, defecating or urinating in any public place, as defined in Article 240 of the Penal Law, or other public or private location except in a designated public or private toilet or rest room;
(19) 
Creating or causing any condition which is detrimental to public health, safety and welfare, the property of others or the use and enjoyment of property.
B. 
No person or entity shall permit or allow in or upon any vacant lot or other premises any water to collect and lie stagnant in which mosquito larvae breed or are likely to breed. Water accumulations that relate to conservation or recreation projects in wetland accumulation or relate to stormwater management are excluded from this prohibition.
C. 
Exemptions. This section shall not be construed to suppress the right to lawful assembly, picketing, public speaking or other lawful means of expressing public opinion not in contravention of other laws or bylaws nor to infringe upon the right of any law enforcement officer engaged in the performance of his duties.

§ 154-1.1 Unmanned aerial vehicles or aircraft systems; other airborne equipment.

[Added 3-14-2016 by L.L. No. 3-2016]
A. 
No person shall operate or cause to be operated any unmanned aerial system or aircraft, or other motorized or propelled airborne equipment or machinery, at any outdoor location in or over the Village of Great Neck Estates. The prohibition in this section shall not apply to any such system, aircraft or equipment operated by or under the authority of any governmental entity; or to any unmanned aerial system or aircraft, or other motorized or propelled airborne equipment or machinery operated more than 400 feet above ground level and regulated by the Federal Aviation Administration.
B. 
Any person who violates this section shall be punishable by a fine for the first such offense within any six-month period not to exceed $500, and for each such additional offense within such six month period a fine not to exceed $1,000 and/or imprisonment not to exceed 15 days.

§ 154-1.2 Sale of tobacco and other related products prohibited.

[Added 6-12-2017 by L.L. No. 1-2017]
A. 
Definitions.
(1) 
Unless otherwise expressly stated, the following terms shall, for the purpose of this Code, have the meanings indicated in this section. Words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural, the singular. Where terms are not defined in this Code, then the words as defined in New York State Public Health Law Article 13-F shall prevail; and if the term is not defined in either, then the word as defined in the most-current edition of Webster's Dictionary shall prevail.
(2) 
For the purpose of this section, the terms used herein are defined as follows:
(a) 
Any product that is intended or reasonably expected to be used with or for the human consumption of a tobacco product; does not contain tobacco and is not made or derived from tobacco; and meets either of the following:
[1] 
Is not intended or reasonably expected to affect or alter the performance, composition, constituents, or characteristics of a tobacco product; or
[2] 
Is intended or reasonably expected to affect or maintain the performance, composition, constituents, or characteristics of a tobacco product but:
[a] 
Solely controls moisture and/or temperature of a stored tobacco product; or
[b] 
Solely provides an external heat source to initiate but not maintain combustion of a tobacco product.
[c] 
Accessory includes, but is not limited to, carrying cases, lanyards and holsters.
AGE-RESTRICTED PRODUCTS
Tobacco products, shisha, herbal cigarettes, electronic aerosol delivery systems, and smoking paraphernalia; and all other products prohibited from being sold to minors by New York State Public Health Law Article 13-F, as the same may be amended from time to time.
(a) 
Any software or assembly of materials intended or reasonably expected:
[1] 
To alter or affect the tobacco product's performance, composition, constituents, or characteristics; or
[2] 
To be used with or for the human consumption of a tobacco product.
(b) 
"Component" or "part" excludes anything that is an accessory of a tobacco product and includes, but is not limited to, e-liquids, cartridges, certain batteries, heating coils, programmable software and flavorings for electronic aerosol delivery systems.
ELECTRONIC AEROSOL DELIVERY SYSTEM
An electronic device that, when activated, produces an aerosol that may be inhaled, whether or not such aerosol contains nicotine. "Electronic aerosol delivery system" includes any component or part but not accessory, and any liquid or other substance to be aerosolized, whether or not separately sold. "Electronic aerosol delivery system" does not include drugs, devices, or combination products authorized for sale by the state or United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
ENFORCEMENT OFFICER
Any police officer, building official, code enforcement officer or other person authorized to enforce this Code.
SHISHA
Any product made primarily of tobacco or other leaf or herbs, or any combination thereof, smoked or intended to be smoked in a hookah or water pipe.
SMOKING PARAPHERNALIA
Any pipe, water pipe, hookah, rolling papers, vaporizer or any other device, equipment or apparatus designed for the inhalation of tobacco;.
TOBACCO PRODUCT
Any product made or derived from tobacco or which contains nicotine marketed or sold for human consumption, whether consumption occurs through inhalation, or oral or dermal absorption, including cigarettes, cigars, chewing tobacco, powdered tobacco, bidis, gutka, other tobacco products, and nicotine water. "Tobacco product" does not include drugs, devices, or combination products authorized for sale by the state or United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
VILLAGE
The Village of Great Neck Estates.
B. 
Prohibitions.
(1) 
No person shall sell or permit the sale of age-restricted products in the Village to any person under the age of 21.
(2) 
The identification requirements contained in New York State Public Health Law Article 13-F, § 1399-cc, Subdivision 3, as the same may be amended from time to time, are hereby incorporated into this chapter by reference, except that the age to be proven by such identification shall be 21.
(3) 
Age-restricted products may not be sold in vending machines located in the Village.
(4) 
No person operating a place of business wherein age-restricted products are sold or offered for sale shall sell, permit to be sold, offer for sale or display for sale any age-restricted product in any manner, unless such age-restricted product is stored for sale: behind a counter in an area accessible only to the personnel of such business, or in a locked container; provided, however, that such restriction shall not apply to tobacco businesses as defined in Subdivision 8 of § 1399-aa of the New York State Public Health Law Article 13-F, as the same may be amended from time to time, and to places to which admission is restricted to persons 21 of age or older.
C. 
Posting of signs.
(1) 
No person shall sell or permit the sale of an age-restricted product in the Village unless a notice is posted in a conspicuous place at the location where the age-restricted product is sold.
(2) 
The sign shall provide notice, which shall state: "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA, BIDIS, GUTKA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS, OR SMOKING PARAPHERNALIA, TO PERSONS UNDER TWENTY-ONE YEARS OF AGE, IS PROHIBITED BY LOCAL LAW."
(3) 
Such sign shall be printed on a white card in red letters at least 1/2 inch in height. Signs shall be protected from tampering, damage, removal, or concealment.
D. 
Enforcement. Any person or entity which violates any provision of this section shall be guilty of a violation and, upon conviction, shall be subject to a penalty as provided for violations of this Code.

§ 154-2 Operation of machinery: hours restricted; exceptions.

[Added 9-8-1980 by L.L. No. 4-1980; amended 8-8-1994 by L.L. No. 3-1994]
A. 
No person shall permit or cause the operation of any machinery, including lawn mowers, drills, power saws or other equipment, between the hours of 9:00 p.m. and 8:00 a.m. on the following day, or at any time on Sundays or holidays, if such operation causes the emission of noise audible beyond the boundary of the property on which the machinery or equipment is located. Notwithstanding the foregoing restrictions, equipment for collection and disposal of solid waste pursuant to governmental authority may be operated only between the hours specified in the approval issued by the Village for such activity, but in no event shall such equipment be operated earlier than 7:00 a.m. on a weekday, 8:00 a.m. on Saturday, or at any time on a Sunday or holiday, nor later than 7:00 p.m. on any day.
[Amended 6-13-2005 by L.L. No. 6-2005]
B. 
Notwithstanding any other provision of this section, no person shall cause or permit the operation of any gasoline or diesel-powered blower equipment within 300 feet of any residential property in the Village at any time during the period of June 15 to and including September 15 in any year.
[Added 5-29-1997 by L.L. No. 7-1997; amended 4-13-1998 by L.L. No. 3-1998]

§ 154-3 Permit required for unloading and loading during certain hours.

[Amended 9-8-1980 by L.L. No. 4-1980; 8-8-1994 by L.L. No. 3-1994]
Between the hours of 9:00 p.m. and 8:00 a.m. the following day or between the hours of 8:00 a.m. and 9:00 a.m. on Saturdays, Sundays and holidays, no person shall load or unload from or upon any truck, vehicle or other form of conveyance any trunks, furniture, stage equipment, lumber, machinery, boxes, barrels or other heavy or bulky articles of any sort whatsoever without having first obtained a permit therefor pursuant to this chapter.

§ 154-4 Permit application; required information.

The permit mentioned in the foregoing section may be issued by the Board of Trustees or by the Mayor upon written application therefor, which shall specify the article or articles which it is desired to load, unload or move, the place where and the time when such loading, unloading or moving is to take place and the nature of the truck, dray or other vehicle, if any, which is to transport the same.

§ 154-5 Determination on permit issuance.

The aforesaid permit shall only be issued upon its appearing to the satisfaction of the Board of Trustees or the Mayor, as the case may be, that such loading, unloading or moving can and will be conducted without disturbing the peace and quiet of the Village or of the inhabitants thereof or of any meeting or assembly therein.

§ 154-6 Compliance.

No owner, lessee, tenant or other person in possession of or occupying any premises within the Village or manager or other head of any business, trade or other occupation conducted therein shall knowingly allow or permit any person, whether in his employ or otherwise, to do or perform any act or acts in violation of the foregoing sections of this chapter.[1]
[1]
Editor's Note: Former § 93-7, Penalties for offenses, which immediately followed this section, was repealed 3-10-1997 by L.L. No. 3-1997. See now § 1-1.