[HISTORY: Adopted by the Town Board of the Town of DeWitt 2-11-2019 by L.L. No. 1-2019. Amendments noted where applicable.]
Parks and recreation areas — See Ch. 137.
Signs — See Ch. 151.
Streets and sidewalks — See Ch. 161.
Editor's Note: This local law also repealed former Ch. 138, Peace and Good Order, adopted 6-13-1977.
By the adoption of this chapter, the Town Board of the Town of DeWitt declares its intent to be to regulate, in a manner consistent with the interests of the general public and, in particular, the citizens of the Town of DeWitt, the unlawful intrusion upon public or private property by unauthorized persons or by those who refuse to or fail to leave premises which they have no permission or lawful right to occupy. In the exercise of its police power in these regards, the Town of DeWitt does hereby enact the following chapter.
When used in this chapter, the following terms, unless otherwise therein expressly defined, shall mean and include each of the meanings herein respectively set forth:
- ENTER OR REMAIN UNLAWFULLY
- A person "enters or remains unlawfully" in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner. A person who enters or remains in or about a school building without written permission from someone authorized to issue such permission or without a legitimate reason which includes a relationship involving custody of or responsibility for a pupil or student enrolled in the school or without legitimate business or a purpose relating to the operation of the school does so without license and privilege.
- Includes the term "building" (as defined in New York Penal Law § 140), and any real property.
- A person is guilty of the violation of "trespass" when he or she knowingly enters or remains unlawfully in or upon premises.
No person shall trespass on any public or private property located within the Town. Any person guilty of trespassing shall be subject to the penalties set forth herein.
The Town Board may by resolution adopted by a majority of the Town Board designate any Town-owned premises, or portions(s) thereof, as "No Trespassing" and/or "No Swimming" areas.
The Town is hereby authorized to install and maintain appropriate and conspicuous signage, including, but not limited to, the installation and posting of "No Trespassing" signs and/or "No Swimming" signs in areas designated by Town Board resolution as "No Trespassing" and/or "No Swimming" areas.
In addition to any other trespass violation as set forth in this Chapter 138, a person shall be guilty of trespass in violation of this chapter if he or she enters upon public property that has been designated by resolution of the Town Board as a "No Trespassing" and/or "No Swimming" area, and upon which signage as provided for herein has been erected. Such person shall be subject to the penalties as herein below set forth.
The injury to or destruction of Town property or property of a public utility is prohibited.
No person shall cut, break or destroy or in any way injure or deface any tree, shrub, plant, grass, fence, post, railing, chain, lamp, lamppost, sign, signpost, tree guard, building, bridge, structure or any other property in or upon the streets, roads, highways or public places of the Town, nor shall any trees or branches in any public street or place be cut or removed except by direction of the Superintendent of Highways or the Chief of Police.
A person who intrudes upon any lot or place of land within the bounds of the Town without authority from the owner thereof, or who erects or occupies thereon any structure whatever without such authority, and any person who places, erects or occupies within the bounds of any street or avenue of the Town any structure without lawful authority shall be subject to the penalties provided herein.
The provisions of this chapter shall not apply to persons properly licensed by the New York State Conservation Department engaged in hunting, fishing or trapping, provided that they are in compliance with all rules and regulations of the Conservation Department.
Any person who commits any acts in violation of any of the provisions of this chapter shall be guilty of a violation and, upon conviction, shall be subject to a fine of up to $250, or imprisonment for up to 15 days, or both such fine and imprisonment.
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.