[Added 7-1-2008 by L.L. No. 19-2008]
BUSINESS
The sale of goods or any product, goods, services, performance
or activity which is provided or performed or offered to be provided
or performed, in exchange for money, labor, goods, or other form of
consideration.
CANNABIS
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. It does not include
hemp, cannabinoid hemp or hemp extract as defined in section three
of the New York State Cannabis Law or drug products approved by the
Federal Food and Drug Administration.
[Added 12-14-2021 by L.L. No. 67-2021]
CONSUME
Smoke, vape, ingest or use.
[Added 12-14-2021 by L.L. No. 67-2021]
ELECTRONIC CIGARETTE
Electronic device that delivers vapor or an aerosol which
is inhaled by an individual user, and shall include any refill, cartridge
and any other component of such a device.
[Added 12-14-2021 by L.L. No. 67-2021]
EMPLOYMENT
Services, industry or labor performed by a person for wages
or other compensation or under any contract of hire, written or oral,
express or implied.
PERSON
Any individual, company, corporation, association, business
or legal entity.
SMOKE
Burn a lighted cigar, cigarette, pipe or any other matter
or substance which contains cannabis.
[Added 12-14-2021 by L.L. No. 67-2021]
SOLICIT OR SOLICITATION
Any request, offer, enticement, or action which announces
the availability for or of employment or the sale of goods, or a request,
offer, enticement or action which seeks to purchase or secure goods
or employment. Examples of behavior which constitute solicitation
or attempted solicitation include but are not limited to waving arms,
making hand signals, shouting to someone in a vehicle, jumping up
and down, waving signs pointed so as to be readable by persons in
vehicles, quickly approaching or rushing to vehicles, standing in
the public right-of-way or adjacent areas while facing vehicles in
the roadway, or entering the roadway portion of a public right-of-way.
A solicitation shall be deemed complete when made whether or not an
employment relationship is created, a transaction is completed or
an exchange of money or property takes place.
VAPE
Use an electronic cigarette that delivers vapor or an aerosol
which is inhaled by an individual user.
[Added 12-14-2021 by L.L. No. 67-2021]
[Amended 7-15-1969 by Ord. No. 69-CE-2; 9-9-1969 by Ord. No. 69-CE-11; 11-25-1969 by Ord. No. 69-CE-16; 10-13-1970 by Ord. No. 70-CE-16; 6-3-1975 by Ord. No. 75-CE-10; 6-3-1975 by Ord. No. 75-CE-12; 6-17-1975 by Ord. No. 75-CE-13; 9-28-1976 by Ord. No. 76-CE-31; 2-6-1979 by Ord. No. 79-CE-2]
It shall be unlawful to park, loiter or congregate
(except for scheduled events) at the following times and in the following
places:
A. Between 10:00 p.m. and 5:00 a.m.:
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Washington Drive municipal parking lot located
in the Hamlet of Centerport, on Washington Drive
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B. Between sunset and sunrise in the following Town-owned
cemeteries:
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Baker's Lane Cemetery
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Blatchley Cemetery
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Brown's Cemetery
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Brush Cemetery, Edcris Lane, west of Rancher
Place, WGSM property
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Brush Cemetery, Round Swamp Road, north of Vannina
on west side of Round Swamp
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Buffet Cemetery
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Burr Cemetery, Jericho Turnpike and Larkfield
Road, East Northport; middle of Modell parking lot
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Burr Road Cemetery, Burr Road opposite Burrwood
Court
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Caledonia Hills Cemetery
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Carll Cemetery
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Carman Cemetery
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Chichester Cemetery
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Commack Road Cemetery
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Crabmeadow Burying Ground
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Crossman Cemetery
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Dennis Cemetery
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Dix Hills Road Cemetery
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Elwood Road Cemetery
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Fort Salonga Road Cemetery
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Gardiner Cemetery (Cherry Lawn Lane)
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Gardiner Cemetery (on grounds of Little Plains
School, off Park Avenue)
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Gaylore Drive Cemetery
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Heritage Hill Cemetery
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Jones Cemetery
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Ketchem Cemetery
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Larkin Road Cemetery
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Middleville Road Cemetery
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Nostrand Cemetery
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Oakes Cemetery
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Old Bridge Cemetery
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Old Burial Ground
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Smith Cemetery, Lenox Road, south of Barclay
Street Huntington Station
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Smith Cemetery, 1/8 mile south of Expressway,
Maxess Road on Estee Lauder property
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Tilden Cemetery
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Totten Cemetery
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Valentine Cemetery
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Van Cott Cemetery
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Van Nostrand Cemetery
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Wickes Cemetery
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Woolsey Cemetery
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[Added 4-16-2002 by L.L. No. 12-2002]
It shall be unlawful to engage in any of the
following activities at Veterans Memorial Plaza:
B. Rollerblading or roller-skating.
D. Riding on a recreational scooter.
[Added 7-1-2008 by L.L. No. 19-2008]
A. Legislative intent. The Board recognizes that solicitation
of employment or business constitutes commercial speech. Streetside
solicitation compromises the safety of pedestrians and motorists using
the public right-of-ways by impeding the traffic flow, blocking traffic
lanes, and making it difficult for motorists to detect potential hazards,
observe traffic control signals, and prepare to move through streets
and intersections. An obstruction or delay in traffic flow at one
point along a traffic artery caused by persons approaching vehicles
in the roadway result in delays and traffic backups at distant points.
Harassment of motorists and pedestrians from the sidewalk, littering
and trespassing deteriorate the quality of life for all residents.
The aesthetic appearance of surrounding properties is negatively impacted
by the visual clutter of these activities. The Town Board intends
to protect the health, welfare and safety of pedestrians and motorists
using public ways, including the solicitors themselves, those being
solicited, and those in close proximity. In order to accomplish these
goals, the Town Board is exercising its authority pursuant to § 10(1)(ii)(a)(11)
and (12) and § 10(1)(iii)(d)(3) of the Municipal Home Rule
Law, § 130(7), (11) and (15) of Town Law, and any other
applicable provision of law now or hereinafter enacted to strike a
balance between the advancement of economic growth and the safety
and security of our residents. This legislation is a reasonable and
necessary response to the hazards stated and is as limited as possible
to achieve the objectives identified by the Board.
B. It is unlawful for any person to solicit or attempt
to solicit employment or business, while on a public right-of-way,
including but not limited to a public street or sidewalk, roadway,
alley or driveway; or while as an occupant of a vehicle traveling
along a public right-of-way, street, alley or driveway.
C. Nothing contained herein shall be construed to prohibit
the following:
(1) The Town Board by resolution may designate a location
where the solicitation of employment is permitted and where notice
has been conspicuously posted at the location in English or English
and Spanish.
(2) Nothing shall prohibit a business or property owner
from soliciting or hiring employment at or on its premises, except
that vehicles, recreational vehicles, trailers and other similar types
of mobile locations shall not be considered a business or property
exempted by this section.
(3) Service related activities such as taxicabs, limousine
service, public transportation, towing operations, ambulance service
and other similar uses.
[Added 7-1-2008 by L.L. No. 19-2008]
A. It shall be unlawful to solicit employment or business
in private parking areas, service and loading areas, recreational
areas and other common areas on private property, if a sign is conspicuously
posted at each entrance to the property prohibiting the solicitation
of employment or goods in areas of the property which are not approved
for such activity.
B. Where a sign has been posted there shall be a presumption
that the sign was installed by or at the direction of the owner, his
agent or person in lawful possession of the property.
C. An owner or person in lawful possession who has posted
such a sign may send a written notice to the Director of Public Safety
advising that a sign or signs have been posted on the property; their
location; the name, address and telephone number of the owner or person
in lawful possession of the property; and written authority to enter
upon such property for the purpose of enforcing the provisions of
this section.
[Added 9-14-2021 by L.L. No. 54-2021]
No person shall defecate or urinate in any public place, as
defined in New York State Penal Law Article 240 (Offenses against
public order; definitions of terms), except in a public or private
toilet or restroom.
[Added 12-14-2021 by L.L. No. 67-2021]
No person shall consume cannabis on any property owned, or at
any facility operated, by the Town of Huntington, the Town of Huntington
Board of Trustees, or the Huntington Community Development Agency.
[Added 4-16-2002 by L.L. No. 12-2002; amended 7-1-2008 by L.L. No. 19-2008; 11-6-2019 by L.L. No. 56-2019]
(A) Any person violating the provisions of §
135-2 shall be guilty of an offense which shall be punishable by a fine of not less than one hundred ($100) dollars and not more than two hundred fifty ($250) dollars.
(B) Any person violating §
135-3 shall be deemed guilty of an offense which shall be punishable by a fine not less than fifty ($50) dollars and not more than one thousand ($1,000) dollars and, if the Plaza or any part thereof has been damaged by a person while violating §
135-3, then a conditional discharge shall be issued requiring the violator to pay restitution to the Town of Huntington sufficient to restore, repair or replace the marred, defaced, damaged or destroyed part of the Plaza.
(C) Any person or business entity who commits or permits any acts in violation of the provisions of §
135-4 and §
135-5 shall be deemed to have committed an offense, and shall upon conviction thereof, be subject to a fine of not less than one hundred ($100) dollars and not more than five hundred ($500) dollars for a conviction of a first offense; upon the conviction of a second offense committed within five (5) years of the first offense, a fine of not less than two hundred fifty ($250) dollars and not more than seven hundred fifty ($750) dollars; and a conviction of a third or subsequent offense committed within five (5) years of the first offense, shall be punishable by a fine of not less than five hundred ($500) dollars and not more than one thousand ($1,000) dollars.
[Amended 9-14-2021 by L.L. No. 50-2021]
(D) Any person found guilty of violating §
135-6 shall be subject to a fine of not less than one hundred ($100) dollars and not more than two hundred fifty ($250) dollars for a conviction of a first offense; upon a conviction of a second offense, committed within five (5) years of the first offense, a fine of not less than two hundred fifty ($250) dollars and not more than five hundred ($500) dollars; and upon a conviction of a third or subsequent offense, committed within five (5) years of the first offense, a fine of not less than five hundred ($500) dollars and not more than seven hundred fifty ($750) dollars, or by imprisonment not exceeding ten (10) days in jail, or by both such fine and imprisonment.
[Added 9-14-2021 by L.L. No. 54-2021]
(E) A violation of §
135-7 shall be punishable by a civil penalty of twenty-five ($25) dollars.
[Added 12-14-2021 by L.L. No. 67-2021]
(F) Any person or entity found by the Bureau of Administrative Adjudication
to have violated this Chapter shall likewise be subject to a monetary
penalty in an amount within the range of fines or penalties authorized
in subdivisions (A), (B), (C), (D), and (E) for the respective violations
referenced therein.
[Amended 12-14-2021 by L.L. No. 67-2021]
(G) In addition to the criminal and civil penalties set forth herein
or in other applicable law, rule or regulation, the Town Attorney
is authorized to pursue civil and equitable relief in the name of
the Town in a court of competent jurisdiction, including but not limited
to compensatory actions; civil penalties in the amount of up to two
hundred fifty ($250) dollars per day, or any part thereof; an action
to compel compliance with or to restrain by injunction the violation
of this chapter; and other remedies which in the opinion of the Town
Attorney may seem necessary and proper.