[Adopted 10-10-1962]
[Amended 4-23-1964]
As used in this article, the following words
or phrases shall have the following meaning:
Any street open to the public for its full width from property
line to property line, including the sidewalk area, whether or not
installed.
Any property available to, or open to use by, all or a majority
of the property owners or residents of the Village of Atlantic Beach.
Any entrance, invasion, intrusion or encroachment by vehicle
or otherwise, upon, in or to any property, without the permission
or consent of the owner or lessee of such property.
[Amended 4-23-1964; 2-9-1998 by L.L. No. 1-1998]
No person shall do, perform, suffer, cause or
permit, and it shall be unlawful for any person to do, perform, suffer,
cause or permit, any of the following acts or things within the corporate
limits of the Village of Atlantic Beach:
A.
Use or indulge in offensive, threatening, noisy, disorderly
or riotous conduct or hawking, as set forth in § 240.20
of the Penal Law.
B.
Gather, congregate or loiter on the public highways,
private places or doorways or stairways adjacent thereto in such manner
as to impede traffic, pedestrians or passersby, as set forth in §§ 240.20
and 240.35 of the Penal Law.
C.
Gather, congregate or loiter on the public highway
or public places and refuse to move when ordered to do so by a police
officer, as set forth in §§ 240.20 and 240.35 of the
Penal Law.
D.
Use any profane, obscene or indecent language upon
or audible upon any public highway or public place, as set forth in
§ 240.20 of the Penal Law.
E.
Blow or sound any horn, whistles, bells or other sound-producing
device so as to unreasonably disturb and destroy the peace and quiet
of the Village or of a person or persons therein, except for the purposes
of and reasonably necessary for the sounding of a warning; or to operate
any power-driven machine, tool or boat so as to unreasonably disturb
or destroy the peace and quiet of the Village or of a person or persons
therein, except for the purpose of and reasonably necessary for the
lawful construction of a building or improvement.
F.
Operate any power or manual equipment or perform any
construction earlier than 8:00 a.m. on weekdays and earlier than 9:00
a.m. on Saturday or later than 6:00 p.m. on any day; or operate any
power or manual equipment or perform any construction on weekends
from June 1 through the second weekend in September, including Memorial
Day, July 4th, Labor Day and all legal holidays throughout the year,
except for Martin Luther King Jr. Day, Columbus Day, Presidents' Day,
Election Day, Veterans Day and the day after Thanksgiving.
[Amended 4-14-1997 by L.L. No. 3-1997; 3-8-2004 by L.L. No. 1-2004;8-8-2005 by L.L. No. 1-2005; 11-14-2022 by L.L. No. 2-2022]
G.
Discharge or fire a gun, pistol or firearm except
when done by or under the express direction of a police officer, as
set forth in § 265.35 of the Penal Law.
H.
Discharge, operate or possess any fireworks not in
conformance with provisions of § 405.00 of the Penal Law.
I.
Use any public or municipally owned property, or act
thereon, in violation of and contrary to any rules or regulations
posted thereon, or deface, alter or remove any public or municipally
owned property, as set forth in Article 145 of the Penal Law.
J.
Commit any indecent, lewd, immodest, immoral or vulgar
act or gesture on any public highway or public place, as set forth
in §§ 240.20 and 245.00 of the Penal Law.
K.
Expose, display, post, exhibit, paint, place, print,
or mark any placard, poster, words, picture or advertisement of a
lewd, indecent, immodest, vulgar or immoral character or which is
of a type calculated to shock the sense of decency or propriety, upon,
or visible from, any public highway or public place, as set forth
in § 245.00 of the Penal Law.
L.
Make or raise a false cry of fire, shark, drowning
or other emergency or request or cause to be sounded a false alarm
of fire, shark, drowning or other emergency, as set forth in § 240.50
of the Penal Law.
M.
Burn any waste paper, rubbish, leaves, driftwood,
cuttings or other waste materials except by written permit of the
Mayor or Village Clerk under such conditions as may be imposed by
such permit, as set forth in 6 NYCRR 215.
N.
Fail to bring any motor vehicle operated by or under
the physical control of such persons to or close to the curb or sidewalk
upon the approach of any fire truck or apparatus while same is responding
to or returning from a fire alarm, as set forth in § 195.15
of the Penal Law and §§ 1217 and 1202 of the Vehicle
and Traffic Law.
O.
While in control of any motor vehicle, pass any fire
truck or apparatus while same is responding to or returning from a
fire alarm or fail to remove such vehicle from the vicinity of any
fire hydrant when ordered to do so by any Fire Department officer,
as set forth in § 195.15 of the Penal Law and §§ 1217
and 1202 of the Vehicle and Traffic Law.
P.
Trespass on any public place or private property,
as set forth in Article 140 of the Penal Law.
Q.
Suffer or permit a vehicle owned by such person to
be parked or left unattended upon private property without the consent
of the owner or lessee thereof, as set forth in § 195.15
of the Penal Law and §§ 1217 and 1202 of the Vehicle
and Traffic Law.
R.
No person or other legal entity engaging in a business within the Village of Atlantic Beach, which business primarily or incidentally features the provision of items to patrons or customers for off-premises consumption or use, shall provide such items to patrons or customers within a bag which is not biodegradable. There shall be a rebuttable presumption that any plastic bag used for such provision is not biodegradable, unless the bag has a manufacturer's or distributor's mark or other sufficient and accurate indication thereon that the plastic bag is biodegradable. This Subsection R shall apply to all existing and future businesses in the Village, and shall be effective and enforceable commencing January 1, 2019.
[Added 9-17-2018 by L.L.
No. 3-2018]
[Amended 11-14-1973; 2-9-1998 by L.L. No. 1-1998]
Any person or corporation who shall violate
any of the provisions of this article, or fail to comply therewith,
or with any of the requirements thereof, or who shall build or alter
or use any building or land in violation of any detailed statement
or plan submitted and approved hereunder, shall be guilty of a misdemeanor,
punishable by a fine not exceeding $500 or imprisonment for a period
not to exceed 15 days, or both. Each day's continued violation shall
constitute a separate additional violation. The owner or owners or
lessee of any building or premises, or part thereof, where anything
in violation of this article shall be placed, or shall exist, and
any architect, builder, contractor, agent, person or corporation employed
in connection therewith, and who have assisted in the commission of
any such violation, shall each be guilty of a separate offense and
upon conviction thereof, shall be fined as herein provided.
