For the good government of the Village, the
protection of its property, safety, health and welfare of its inhabitants,
the protection of their property, the preservation of peace and good
order and the suppression of mischief and crime, the Board of Trustees
deems it expedient and desirable to regulate the time when the use
of any park, dock, public place or property owned by or under the
control of the Village by the public shall be prohibited. In pursuance
of its inherent police power and statutory authority, this article
is adopted and promulgated.
No person or persons shall enter or assemble,
congregate, remain or be in any part or parts of any park, dock, public
place or property owned by or under the control of the Village during
or between such hours of the day or night as the same may be closed
for use by the public by order of the Board of Trustees.
Any order of the Board of Trustees pursuant
to this article shall be in accordance with a resolution duly adopted
by said Board; and any resolution adopted shall be published once
in the official newspaper and posted in five conspicuous places. The
hours during which any park, dock, public place or property owned
by or under the control of the Village is closed for use by the public
pursuant to order of the Board of Trustees shall be posted conspicuously
at such place.
[Added 11-30-1981 by L.L. No. 22-1981; amended 3-10-1987 by L.L. No. 3-1987]
A. A violation of any provision of this article shall
be punishable by a fine of not more than $500 for the first offense,
not more than $750 for the second offense and not more than $1,000
for the third or any subsequent offense within one year. In addition,
punishment by imprisonment for not more than 30 days may be imposed
for any violation.
[Amended 4-12-2016 by L.L. No. 6-2016]
B. Any person committing an offense against any provision of this article, except as provided in Subsection
A above, shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
C. In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation
of this article.