[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.]
[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.
[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.
[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)
ACCESSORY
(a)
AGE-RESTRICTED PRODUCTS
COMPONENT or PART
ELECTRONIC AEROSOL DELIVERY SYSTEM
ENFORCEMENT OFFICER
SHISHA
SMOKING PARAPHERNALIA
TOBACCO PRODUCT
VILLAGE
For the purpose of this section, the terms used herein are defined
as follows:
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:
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.
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.
Any police officer, building official, code enforcement officer
or other person authorized to enforce this Code.
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.
Any pipe, water pipe, hookah, rolling papers, vaporizer or
any other device, equipment or apparatus designed for the inhalation
of tobacco;.
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.
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.
[Added 9-8-1980 by L.L. No. 4-1980; amended 8-8-1994 by L.L. No. 3-1994]
A.
Hours.
[Amended 6-13-2005 by L.L. No. 6-2005; 11-17-2020 by L.L. No. 3-2020]
(1)
No
person shall permit or cause the operation of any machinery, including
lawn mowers, drills, power saws or other equipment between the hours
of 7:00 p.m. on any day and 8:00 a.m. on the following day; on Saturdays,
for more than an aggregate of 30 minutes at any one property; 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.
(2)
Notwithstanding
the foregoing restrictions, equipment for collection and disposal
of solid waste pursuant to governmental authority may be operated
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.
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 commencing May
15 and continuing to and including October 15 in any year.
[Added 5-29-1997 by L.L. No. 7-1997; amended 4-13-1998 by L.L. No. 3-1998; 4-11-2022 by L.L. No. 1-2022]
C.
The limitations and prohibitions in this section shall not be applicable
to the extent, and for a period of time, as may be determined by the
Mayor in the event of emergency or imminent danger to the public health,
safety and welfare.
[Added 11-17-2020 by L.L. No. 3-2020]
[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.
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.
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.
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]
