[HISTORY: Adopted by the Board of Trustees of the Village of New Hyde Park 11-7-1995 by L.L. No. 3-1995. (This local law repealed and reenacted this chapter as previously enacted pursuant to L.L. No. 4-1994, adopted 1-3-1995.) Amendments noted where applicable.]
Article I General Provisions
Article II Classification and Penalties for Offenses
For the purposes of this chapter, the following words, terms or phrases shall have the meanings ascribed hereinbelow:
- AUTHORIZED OCCUPANT(S)
- When referring to a parcel of residential real property or any of the buildings or improvements located thereon, the family or household members, tenants and their household members, or boarders and their household members, of the owner of such parcel who actually reside in or are domiciled at such premises, together with their legitimate guests and social invitees; and, when referring to a parcel of business, industrial or other commercial real property, the employees, agents, legitimate patrons and business invitees of the owner or the tenants and lessees of the owner and their respective employees, agents, legitimate patrons and business invitees, as the case may be.
- The person or persons having actual or presumptive legal title to a parcel of real property, or the duly designated agents or legal representatives thereof having or exercising lawful possession and control of the premises to the exclusion of all other persons; and, when such parcel is a parcel of public property, shall mean and include the official governing body or officer of the public entity holding the title or lease to such property or otherwise exercising principal jurisdiction and control over the same.
- The Incorporated Village of New Hyde Park, in the County of Nassau and State of New York.
Where and when any private or public parcel of real property in the Village of New Hyde Park has been duly posted in accordance with the provisions of § 186-3 of this chapter, it shall be unlawful and a violation against the provisions of this chapter for any person, other than the owner or authorized occupant of such premises, to intrude, trespass or otherwise enter into or upon, or for any duration to remain in or upon, such parcel or any buildings or improvements located thereon, unless such person shall have first obtained the written permission and/or consent of the owner or other authorized occupant of such premises.
In addition to the foregoing, unless a person shall have also first obtained the specific written consent or approval of the owner thereof, no person shall pick, cut, unearth or otherwise remove any flower or fruit, leaves, twigs, branches, stems, trunks, roots or other parts or portions of any plant, bush, shrub, tree or other flora growing or situated upon any parcel of private or public real property, nor shall any such person mar or deface any building, structure or other improvement located or situated thereon.
In the absence of the owner or other authorized occupant of a parcel of real property, where and when any other person either shall be found on such property in violation of a notice posted in accordance with the provisions of § 186-3 of this chapter or shall be found engaging in any act prohibited by the provisions of this section, and such person, upon the demand of any police officer, peace officer or responsible government official, shall fail or refuse to exhibit or establish satisfactory evidence and proof of the appropriate written consent or permission required by this section, such failure or refusal shall be presumptive evidence that such person has no consent or permission either to be in or upon such property and/or to engage in such prohibited acts or conduct.
Notwithstanding the provisions of any other chapter of this Code or of any other local law, ordinance, rule or regulation of the village, the owner or other authorized occupant of any parcel of real property in the village shall have the right to post his/her parcel and/or the buildings, structures or other improvements thereon against trespass by any other person or persons, provided that such notice shall be made and given in a manner substantially conforming to the provisions of this section.
Notices posted pursuant to this section shall be on signboards having border dimensions of not less than 14 inches in height and not less than 24 inches in width, with the words NO TRESPASSING printed thereon in black letters not less than four inches in height on a contrasting background. Such signboards shall be posted and affixed at or near the perimeters of the posted parcel or upon the exterior facade of posted buildings, structures or improvements at a height above grade not less than four feet nor more than 10 feet, so as to be clearly visible to members of the public, and shall not be laterally separated upon the parcel by a linear distance less than 25 feet nor greater than 200 feet. Provided that such signboards substantially conform to the foregoing requirements, the number, size and placement locations thereof shall not otherwise be subject to regulation or prohibition under any other chapter of this Code.
Whether or not any such lands or property shall have been posted in accordance with the requirements of § 186-3 of this chapter, no person other than a duly authorized officer, employee or agent of the village shall intrude, trespass or otherwise enter into or upon, or occupy or remain in or upon, any lands or property owned or leased by the Village of New Hyde Park, whether uplands, lowlands or lands under water, for the purpose of either occupying or remaining upon the same; or erecting or removing any building or structure or posting or affixing any sign or advertising device thereon; or removing or taking therefrom or dumping or placing thereon any soil, topsoil, minerals, sand or gravel or other natural or man-made materials; or removing or taking therefrom or planting or placing thereon any plant, bush, shrub, tree or other growing thing, without, in each instance, having first obtained the written consent and approval of the Board of Trustees of the village and without also complying, in all other respects, with any and all conditions, restrictions or other limitations (if any) by or in connection with such consent and approval; provided, however, that nothing herein contained shall be deemed or construed to prevent any resident of the village or other authorized member of the public from entering and using any village park or playground for legitimate recreation purposes or from entering and utilizing any other village public buildings, grounds or facilities for any legitimate purpose, where and when such lands or facilities are open to the public.
Any person or persons, corporation, firm or association committing an offense against any of the provisions of this chapter, except § 186-4 hereof, shall be guilty of a violation and, upon a conviction thereof, shall be punished either by a fine not exceeding $250 or by imprisonment for a period of not more than 15 days, or by both such fine and imprisonment.
Any person or persons, firm, corporation or association committing an offense against the provisions of § 186-4 of this chapter shall be guilty of a misdemeanor and, upon a conviction thereof, shall be punished either by a fine of not less than $50 nor more than $500 or by imprisonment for a period of not more than 120 days, or by both such fine and imprisonment.
For each day that an offense against the provisions of this chapter shall continue, the person or persons committing the same shall be guilty of a single and separate offense.