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.
PREMISES
Includes the term "building" (as defined in New York Penal
Law § 140), and any real property.
TRESPASS
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 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.