Village of Great Neck, 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 as Ch. 135 of the 1976 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, Art. II.
Control, harboring and keeping of animals — See Ch. 163.
Public assemblies — See Ch. 174.
Noise — See Ch. 391.
Peddling and soliciting — See Ch. 416.
Nuisances — See Ch. 448, Art. II.
[Amended 2-4-2003 by L.L. No. 2-2003]
No person shall break, mar, injure, deface or remove any property owned by the Village or go upon any grass plot or garden in any Village park, playground or other public place which shall be posted with prohibitory signs or pick any flowers or shrubs or deface or damage any such shrubs, trees or other ornamental thing upon any Village property or along any public street or other public place within the Village.
No person shall remove, displace or in any manner interfere with any barrier, guardrail, sign, lantern or other object or form of warning which shall have been placed along or across any street or sidewalk or about any other place within the Village as a warning or safeguard or to prevent interference with or damage to work completed or being done in such places.
[Amended 2-4-2003 by L.L. No. 2-2003]
No person shall propel, throw or shoot any missile or solid objects such as stones, snowballs, sticks, metal, bullets or similar materials upon or across or toward any street, sidewalk, or other public place in the Village where such act would in fact or potentially injure or threaten injury to any person or property. Ball playing or ball throwing on or upon any public street shall constitute a violation of this chapter.
[Amended 2-4-2003 by L.L. No. 2-2003]
No person shall appear or be upon any public street, sidewalk, or in any public hall, park or other public place in the Village, in a condition of intoxication.
[Added 8-23-1977 by L.L. No. 11-1977; amended 2-4-2003 by L.L. No. 2-2003]
No person shall have in his possession any open bottle, can or container containing liquor, beer, wine or any other alcoholic beverage while such person is on any public street, public sidewalk or public parking area within the Village or in or on any vehicle in a public place within the Village, except on those premises duly licensed for sale and consumption of alcoholic beverages on the premises, without the express written permission of the Board of Trustees.
[Added 12-18-2007 by L.L. No. 16-2007]
From time to time the Board of Trustees, by resolution, may adopt, amend, and repeal rules and/or regulations with regard to the use and occupancy of public parks owned, operated, and/or maintained by the Village. No person shall violate any such rules and/or regulations.
[Added 10-7-2008 by L.L. No. 5-2008]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
LOITER WITHIN A MUNICIPAL PARKING FIELD
Being present within a municipal parking field when not:
(1) 
The operator or passenger of a motor vehicle that is moving, parking, standing, or being loaded;
(2) 
In the act of exiting, entering, or loading a motor vehicle;
(3) 
Leaving a motor vehicle to exit the municipal parking field; or
(4) 
Entering a municipal parking field to enter or load a motor vehicle.
MUNICIPAL PARKING FIELD
A public parking field within the Village that is owned or leased by the Village.
B. 
In order to maximize the ability of prospective patrons to utilize the municipal parking fields, the following regulations are hereby adopted with regard to such use.
(1) 
No person shall have in such person's possession within a municipal parking field any open bottle, can, or container containing liquor, beer, wine, or any other alcoholic beverage.
(2) 
No person shall make any unreasonable, loud, disturbing, and/or unnecessary noise within a municipal parking field of such character, intensity, and/or duration as to be disturbing to the life or health of any reasonable person of normal sensitivities within a municipal parking field or the nearby residential area. Such prohibition includes, but is not limited to, the use or other operation of any radios, CD players, ipods®, cell phones, or other music- or other sound-producing devices within such person's ownership, custody, or control, except in such a manner that such music or other sound cannot be heard by a person of reasonable sensitivities within two feet of the device.
(3) 
No person shall use within a municipal parking field any skateboard, roller blade, skate, bicycle, tricycle, cart, or similar device. The foregoing shall not preclude a shopping cart to transport wares to or from a motor vehicle; a wheelchair being used for an infirm or disabled individual; or an infant's carriage or stroller, when the infant (a child three years of age or younger) is present within a municipal parking field.
(4) 
No person shall throw or otherwise participate in any game with a ball, Frisbee or a self-propelled, on-ground, or similar object within a municipal parking field.
(5) 
No person shall throw, scatter, drop, deposit or spill any litter (as defined in § 368-1 of Chapter 368 of the Code of the Village of Great Neck) within a municipal parking field.
(6) 
No person shall loiter within a municipal parking field.
C. 
Additional regulations; waivers.
(1) 
From time to time, the Board of Trustees, by resolution, may adopt additional regulations with regard to the use and occupancy of the municipal parking fields.
(2) 
From time to time, the Board of Trustees, by resolution, may grant waivers from the regulations set forth in this section.
D. 
Presumption and affirmative defense.
(1) 
Any person within a municipal parking lot for more than five minutes who is not the operator or passenger of a motor vehicle that is moving, parking, standing, or being loaded; or in the act of exiting, entering, or loading a motor vehicle shall be presumed to be loitering.
(2) 
Prior to an individual issuing an appearance ticket for loitering within a municipal parking field, the individual about to issue such appearance ticket shall first inquire of the person as to whether or not the person is loitering. The answer given shall not preclude the issuance of the appearance ticket if the officer still has reasonable grounds to believe that the violation occurred or is occurring.
(3) 
In any prosecution for a violation of this section, the following shall be affirmative defenses:
(a) 
That the officer who issued the appearance ticket did not first inquire of the person as to whether or not the person was loitering.
(b) 
That the person was not present within the municipal parking lot for more than five minutes when not:
[1] 
The operator or passenger of a motor vehicle that is moving, parking, standing, or being loaded;
[2] 
In the act of exiting, entering, or loading a motor vehicle;
[3] 
Leaving a motor vehicle to exit the municipal parking field; or
[4] 
Entering a municipal parking field to enter or load a motor vehicle.