No person shall appear upon any of the streets
or public places of the Village in any manner of dress or costume
which shall so expose any part of the body as to make the appearance
of the wearer indecent, lewd or immoral.
No person shall disrobe or change his or her
clothing from street attire to a bathing suit nor from a bathing suit
to street attire in any vehicle located on any public street or highway,
or on any beach, or in any other public place or any place exposed
to public view in the Village of Sea Cliff. This section shall not
prohibit disrobing or changing of clothing in any vehicle temporarily
inhabited in accordance with the provisions of this Code,[1] provided that such disrobing or changing is not done in
public view.
A.
Public places generally. It shall be unlawful for
any person or persons to loiter, stand, lounge or remain upon any
sidewalk, street, lobby or entrance to any public building wherein
the public shall be invited to congregate, in such manner as to interfere
with public passage upon the sidewalk, street or in or about any building
or to cause annoyance, inconvenience or delay to persons lawfully
using such sidewalk, street or building.
B.
The Boulevard Parking Lot.[1] It shall be unlawful for any person to assemble or loiter
in or about any vehicle between the hours of sunset and 6:00 a.m.
while such vehicle is parked, stopped or standing in the Boulevard
Parking Lot. Nothing herein contained shall prohibit such reasonable
and orderly loading, entering and exiting from any vehicle as is customarily
associated with the parking, stopping or standing of vehicles.
C.
Prospect Avenue Park.[2] On the sidewalk and contiguous area located on the west
side of Prospect Avenue, from the existing curb to the existing bulkhead,
starting at the north property line of Tappan Beach and ending 305
feet north of the northerly line of Laurel Avenue as measured along
the westerly curb of Prospect Avenue, which such property is maintained
by and reserved for the public use of the residents of the Incorporated
Village of Sea Cliff, it shall be unlawful for any person or persons
to:
D.
Between the hours of 7:00 p.m. and 6:00 a.m., no person
shall stand or pass on, over or through the area of public property
contiguous to the Community Center, including all portions of the
building annexed thereto, and located between the private property
and sidewalk surrounding such property and the building located thereon
unless such person is conducting official Village business or is there
for the purpose of lawfully going to, attending or leaving an organized
Village activity, program or Village facility.
[Added 11-15-1982 by L.L. No. 5-1982]
A.
It shall be unlawful for any person or persons to
build, kindle or assist in building or kindling any bonfire or other
fire in any street or public place in the Village of Sea Cliff except
upon application to and written permission of the Mayor. The form
of such application shall be as prescribed by the Village Clerk.
It shall be unlawful for any person or persons
to trespass or go upon any private property without the consent or
invitation, expressed or implied, of the property owner, or to go
upon any grass plot or garden in any Village park or playground which
shall be posted with suitable signs.
It shall be unlawful for any person or persons
to deface, damage or remove, without permission of the owner thereof,
any flowers, shrubs, trees, building, fence, awning, sign, fountain
or ornamental thing, utility pole, street lamp or wires or conduit
connected thereto, notice or handbill lawfully posted, fire hydrant,
trash baskets, flagpoles, plaques or any other property of any kind,
whether located upon public or private property within the Village.
It shall be unlawful for any person or persons
to use any profane, obscene or indecent language in any street, highway
or public place in the Village; or to mark, inscribe or draw, upon
any building, billboard, sign, public toilet or any place that may
be seen by a considerable number of persons, any lewd or filthy drawing,
caricature or words; or to expose, display, post up, exhibit, paint,
print, mark, place or cause to be placed any placard, bill, poster
or package, as an advertisement or otherwise, containing any vulgar,
lewd, indecent or suggestive picture, design or words or any advertisement
or comment tending to shock the sense of public decency or propriety,
on any billboard, wall, fence, tree, lamppost, pole or otherwise.
It shall be unlawful for any person or persons
to suffer or permit the giving of a performance of any indecent, immoral,
lewd or vulgar show or performance, moving picture, peep show or penny
arcade or to sell, give away or cause to be shown or displayed any
filthy, lewd, immoral, suggestive picture, thing or device tending
to shock public decency or propriety.
It shall be unlawful for any person to frequent,
patronize, be an inmate of or be in any way connected with any house
of prostitution or assignation in the Village; or as owner, agent
or lessee to let or rent any room, building or part thereof in the
Village knowing that it is intended to be or will be used for such
purpose; or knowingly permit any room, building or part thereof in
said Village which is owned, occupied or under the control of such
person to be used for the purpose of prostitution or assignation.
It shall be unlawful for any person in the Village
to be a common prostitute or commit any act of lewdness for gain;
and it shall be unlawful for any person to solicit the sexual attentions
of any other person or persons by dress, action, words or conduct
on any street of the Village or in any vehicle upon the streets or
in any public place.
No person, publicly or while on any public street
or sidewalk or in any vehicle upon any street or in any public place,
shall offer, pay or give any offensive attentions to any other person
or designedly follow any person against such person's wishes or make
any insulting or derogatory remark to any person or concerning any
person nor in any manner annoy, impede or or interfere with any person
when such person is passing upon any public street or sidewalk or
in a public place or in any vehicle upon any street in said Village.
No person shall appear on any of the streets
or sidewalks or in any public conveyance or other public place in
the Village, while intoxicated.
[Amended 9-3-1985 by L.L. No. 3-1985]
A.
Legislative intent. It is the purpose of this section
to protect the public interest, welfare, health and safety within
the Village of Sea Cliff by prohibiting the consumption of alcoholic
beverages in public places within the Village. The Village Board finds
that possession of an open container of alcoholic beverage in a public
place within the Village has led to consumption of the same, resulting
in public intoxication, disorderly conduct, disturbance of the public
peace, littering of the public places and destruction of property.
The Village Board finds, further, that preservation of the public
health and prevention of conditions which lead to conduct disturbing
the public peace, attributable to consumption of alcoholic beverages,
can be accomplished by the prohibition of consumption of alcoholic
beverages in public places and by restricting the possession of an
open or unsealed container of alcoholic beverages under circumstances
which indicate that the possessor of such open or unsealed container
in a public place intends to consume the same or intends to have it
consumed by another person.
B.
ALCOHOLIC BEVERAGE
CONSUMPTION OF ALCOHOLIC BEVERAGE
CONTAINER
PUBLIC PLACE
VILLAGE
Definitions. For purposes of this section, the following
words or phrases shall have the meanings ascribed to them herein.
All other words or phrases shall have the meanings normally ascribed
to them in regular usage.
Any liquor, beer, wine, spirits, cider or other liquid or
solid, patented or not, composed of or containing alcohol or spirits,
whether or not brewed, fermented or distilled, and capable of being
consumed by a human being.
The drinking, swallowing or imbibing of any alcoholic beverage
or solid capable of being converted into an alcoholic beverage by
any person.
Any bottle, can, glass, cup or other receptacle of any kind
which is suitable for or used for holding any alcoholic beverage.
Any public highway, street, alley, sidewalk, parking area
or lot, park or playground, public building, transportation facility
or any other public facility or ground, whether vacant or improved,
within the geographical boundaries of the Village, and any other place
in the Village which is not owned by a private party or entity.
The Incorporated Village of Sea Cliff, Nassau County, New
York.
C.
Prohibition. It shall be a violation of this section
for any person to:
D.
Exceptions. The foregoing prohibitions shall not apply
to consumption of an alcoholic beverage or possession for the purpose
of consumption in any public place where the same is authorized by
license or permit under the laws and regulations of this state and
under the regulations of the Village or a gathering or function for
which permission has been previously granted by the appropriate governing
body, board, agency or commission.
E.
Presumption. For the purposes of this section, the
following rebuttable presumptions shall apply:
(1)
The possession by a person of an open or unsealed container containing an alcoholic beverage, while in or upon public land as described in Subsection B herein within the Village, shall be presumptive evidence that said container is possessed with intent to consume the contents thereof.
(2)
The exhibition of physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages by or the emission of an odor of alcoholic beverage from a person in possession of an open or unsealed container containing an alcoholic beverage, while in or upon public land as described in Subsection B herein within the Village, shall be presumptive evidence that such person has consumed such alcoholic beverage.
(3)
The exhibition of physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages by or the emission of an odor of alcoholic beverage from a person in close proximity to another person in physical control of an open or unsealed container containing an alcoholic beverage, while in or upon public land as described in Subsection B herein within the Village, shall be presumptive evidence that such person exhibiting such conduct, attributes or demeanor or emitting such odor has consumed such alcoholic beverage.
F.
Application. This section shall not apply to any person
in violation of § 1227 of the Vehicle and Traffic Law.
G.
Penalties for offenses. Each violation of this section
shall constitute a separate offense and, upon conviction, shall be
subject to the following:
(1)
For a first offense under this section, a fine of
not less than $50 nor more than $250 or by imprisonment for not more
than 10 days, or by both such fine and imprisonment.
(2)
For a second or subsequent offense under this section
within one year of the first offense, a fine of not less than $100
nor more than $250 or by imprisonment for not more than 15 days, or
by both such fine and imprisonment.
H.
Validity and separability. Should any provision of
this section be judicially determined to be invalid or unconstitutional,
such decision shall not affect the validity or constitutionality of
this section as a whole, and the remaining provisions hereof shall
continue in full force and effect.
It shall be unlawful for any person or persons
to sleep in a vehicle on any public beach, bathing area, street, sidewalk,
parking area or any other public area in the Village. This section
shall not prohibit sleeping in any vehicle temporarily inhabited in
accordance with the provisions of this Code.
For regulations regarding the use of sound trucks and loudspeakers, see Chapter 34, Amusements and Entertainments.
It shall be unlawful for any person or persons
to play baseball, frisbee or any other game which requires the throwing
of missiles between participants in any Village park, with the exception
of Clifton Park, Roslyn Park and Prospect Park.
[Added 7-10-1995 by L.L. No. 3-1995]
A.
No person shall make, cause or permit to be made any
unreasonable noise within the geographical boundaries of the Village
of Sea Cliff or within those areas over which the Village has jurisdiction,
including the water adjacent to the Village.
B.
Unreasonable noise which shall constitute a violation
of this chapter shall be any continuous, frequent or repetitive loud
sound which annoys, disturbs or interferes with the comfort, repose,
peace or reasonable and normal activities of a reasonable person of
normal sensitivities lawfully occupying an area adjacent to or in
the vicinity of the source of the sound, taking into account the time
of day and the duration of the sound.
C.
Playing
or permitting the operation of any radio, television, electronic device,
musical instrument, sound amplifier or similar device which produces,
reproduces or amplifies sound so as to produce unreasonable noise
at any time is a violation of this section, except for activities
open to the public or for the public benefit and for which permission
has been granted by the Board of Trustees. Said sound production or
reproduction shall be deemed unreasonable noise if it is produced
in a manner as to create noise that can be heard inside any residence
located across any real property boundary lot line from the source
of the noise, where all doors and windows are closed at such residence.
Said sound production or reproduction shall be deemed unreasonable
noise if it is produced in a manner as to create noise that can be
heard between 11:00 p.m. and 10:00 a.m. across any real property boundary
lot line from the source of the noise.
[Added 7-11-2011 by L.L. No. 5-2011]
D.
Nothing
herein shall be construed to abridge or supersede any state or federal
laws, rules or regulations.
[Added 7-11-2011 by L.L. No. 5-2011]
[Added 5-11-2020 by L.L.
No. 7-2020]
A.
Prohibited lighting. Exterior artificial lighting or illumination
that is installed, established and/or maintained on any real property
within the Village shall adhere to the following requirements. Artificial
lighting or the reflection therefrom shall not be installed, established
or maintained in such a manner as to be a nuisance or as to unreasonably
interfere with the quiet enjoyment of the occupants of neighboring
properties. The following are deemed nuisances:
(1)
Spotlights, floodlights and the like shall not be directed or
aimed towards a neighboring property or operated in such a manner
that light shines directly on or into any room, porch, or patio located
on a neighboring property.
(2)
Exterior flashing lights shall not be installed, established
or maintained on any real property within the Village. This does not
preclude the use of motion sensor detecting lights that are set off
upon motion occurring on the real property where the lighting is located,
and is otherwise does not violate any other lighting provision herein.
(3)
Neon lights shall not be installed, established or maintained
on any real property within the Village for greater than a ten-day
consecutive period.
(4)
There shall be no artificial lighting or illumination of outdoor recreational facilities, except as permitted in Chapter 115 for swimming pools.
(5)
Artificial lighting or the reflection therefrom shall not be
directed towards any street, road or path within the Village so as
to interfere with the visibility and/or safety of motorists and/or
pedestrians.
B.
Existing fixtures. Any existing artificial lighting shall be brought
into compliance with the provisions of this chapter within 90 days
after this chapter takes effect.
[Added 6-17-1991 by L.L. No. 3-1991]
A.
SKATEBOARD
Definitions. For the purposes of this section, the
following words or phrases shall have the meanings ascribed to them
herein. All other words or phrases shall have the meanings normally
ascribed to them in regular usage.
Includes a single platform mounted on wheels designed or
suitable or in fact used for riding underfoot, or a board with roller
skate wheels or other similar wheels attached to the underside, without
a mechanism or other device for steering while being used, operated
or ridden.
B.
Prohibited areas; regulations; schedule.
(1)
No person shall use or operate or ride on a skateboard
upon or in all public and private sidewalks, roadways (including the
entire paved and improved surfaces thereof, including gutter areas,
from curb-to-curb, where curbs exist), curbs, parking lots, driveways
and courtyards within the boundaries of those areas designated by
the Board of Trustees.
(2)
The Board of Trustees may adopt regulations by resolution
for the control of skateboard use within the Village, without notice
or hearing, provided that appropriate signs are placed and maintained
as shall be deemed necessary to indicate and carry out such regulations
and that each resolution, when adopted, is published and posted as
required by law.
(3)
For the purpose of maintaining an accurate record of all regulations adopted under the provisions of this section, there is hereby established a schedule, appearing as Article IV of this chapter, entitled, "Schedules," § 90-20, Schedule A: Skateboarding Prohibited, in which shall be entered all such regulations defining the areas where skateboarding is prohibited. Such schedule shall be deemed a part of this section, and all regulations shall be adopted with reference to Schedule A.
C.
Unlawful activities. No person shall use or operate
or ride on a skateboard upon or in any public or private sidewalk,
roadway (including the entire paved and improved surface thereof,
including gutter areas, from curb-to-curb, where curbs exist), curbs,
parking lots, driveways and courtyards within the Village of Sea Cliff:
D.
Violations and penalties. Any person authorized to
issue a summons or appearance ticket pursuant to this Code, who shall
observe any person using, operating or riding upon a skateboard in
violation of this section, shall:
(1)
Upon the first violation, take possession of the skateboard
for a minimum period of 48 hours, after which the skateboard shall
be returned to the parent or guardian of a minor violator or, in the
case of an adult violator, to the violator himself.
(2)
Upon the second violation within a period of one year,
take possession of the skateboard for a minimum of 72 hours and issue
a summons or appearance ticket to the violator, returnable to the
Village Justice Court. After said seventy-two-hour period, the skateboard
shall be returned to the parent or guardian of a minor violator or,
in the case of an adult violator, to the violator himself. Upon issuance
of the summons or appearance ticket, the violator shall be subject
to a fine not to exceed $25.
(3)
Upon a third or subsequent violation within a period
of one year, issue a summons and appearance ticket to the violator,
returnable to the Village Justice Court. Upon issuance of the summons
or appearance ticket, the violator shall be subject to a fine not
to exceed $250.
