[HISTORY: Adopted by the Board of Trustees of the Village of Ocean Beach as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Boats and swimming — See Ch. 59.
Noise — See Ch. 112.
[Adopted 7-21-1951 as Article I of the 1951 Code of Ordinances]
[Amended 9-21-1996 by L.L. No. 11-1996]
A. 
Riotous conduct prohibited. No person shall indulge in noisy or riotous conduct or take part in or join or aid or abet in riotous assemblages or unnecessary or disorderly crowds in the the Village of Ocean Beach, disturbing the peace and quiet of the village or any meeting or assembly therein, or idly congregate or loiter on public walks or roads or in public places adjacent thereto so as to impede traffic or annoy passers-by.
B. 
Disorderly conduct prohibited. A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he or she:
(1) 
Engages in fighting or in violent, tumultuous or threatening behavior.
(2) 
Makes unreasonable noise.
(3) 
In a public place, uses abusive or obscene language or makes an obscene gesture.
(4) 
Without lawful authority, disturbs any lawful assembly or meeting of persons.
(5) 
Obstructs vehicular or pedestrian traffic.
(6) 
Congregates with other persons in a public place and refuses to comply with lawful order of the police to disperse.
(7) 
Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
C. 
Defecating or urinating in public places.
[Added 4-9-2011 by L.L. No. 1-2011[1]]
(1) 
It shall be unlawful for any person to defecate or urinate outside of designated sanitary facilities, upon any walkway, boardwalk, dock, park beach, playground, or other public area within the Village, or upon any private property in open view of the public, or in the halls, or stairways of public or commercial buildings.
[1]
Editor's Note: This local law also changed the title of this section from "Riotous and disorderly conduct prohibited" to "Riotous conduct, disorderly conduct and defecating or urinating in public prohibited."
[Amended 8-30-1958; 8-24-1963; 12-12-1981 by L.L. No. 12-1981]
A. 
No person shall solicit funds or subscriptions for any purpose whatever within the limits of the Village of Ocean Beach without having first obtained written permission of the Mayor or the Board of Trustees.
B. 
No person shall solicit orders for merchandise or services for any purpose whatever, nor peddle merchandise within the district zoned for residence in the Village of Ocean Beach.
No person shall use profane, vulgar or indecent language or conversation upon the walks or roads, beaches or public places within the Village of Ocean Beach, nor indulge in vicious, immoral or indecent conduct within said village.[1]
[1]
Editor's Note: Original Section 3, which immediately followed this section and pertained to indecent exposure, was deleted during codification. See Ch. 1, General Provisions, Art. III.
[Amended 8-24-1963; 5-2-1970; 12-12-1981 by L.L. No. 12-1981]
A. 
It shall be unlawful for any female person to appear in any public area or in any private area where she may be observed by anybody in a public area clothed or costumed in such a manner that the portion of her breast below the top of the areola is not covered with a fully opaque covering or in such a manner that her genitals, pubic area or buttocks are not covered with a fully opaque covering. It shall be unlawful for any male person to appear in any public area or in any private area where he may be observed by anybody in a public area clothed or costumed in such a manner that his genitals, pubic area or buttocks are not covered with a fully opaque covering.
B. 
No man shall appear on the public walks or in any public place or in any store or public building in the Business District, as established in the Zoning Ordinance of the Village of Ocean Beach,[1] in topless bathing attire or any other article of clothing unless the chest is also covered.
[1]
Editor's Note: See Ch. 164, Zoning.
C. 
No woman shall appear in the Business District, as established in the Zoning Ordinance of the Village of Ocean Beach, or in any store or public building in bathing attire, unless the bathing attire is concealed from above the breasts to the thighs.
No person shall disrobe or dress for bathing on any public beach or walk or road or among shrubbery or trees or any place open and subject to public view in the Village of Ocean Beach.
No person shall write, print or publish any obscene or indecent writing, picture or print in the Village of Ocean Beach; and no person shall deface any post, wall, fence, building, walk or road or other surface with any obscene or indecent mark, writing, picture or print.
[Amended 8-30-1958; 5-11-1996 by L.L. No. 6-1996; 6-10-2023 by L.L. No. 4-2023]
No person shall engage in ballplaying, frisbee throwing, any game of catch of any nature or the flying of kites on any of the beaches in the Village of Ocean Beach, or immediately adjacent to the Village of Ocean Beach, within a distance of 1,500 feet, except on the oceanfront beaches of the Village of Ocean Beach between the hours of 7:00 p.m and 8:00 a.m. No person shall otherwise so engage in ballplaying, frisbee throwing, any game of catch of any nature or the flying of kites or any act of amusement on the beaches or roads or public places within said village so as to annoy, interfere with or endanger persons or property on said walks or roads, beaches or public places, except in any places so designated by the Village for such activities.
[Added 8-30-1958]
No person shall swim in the waters located within 1,500 feet south of the Village of Ocean Beach, except in such areas as may be designated by lifeguards duly appointed by the the Village of Ocean Beach.
No person shall coast on, coast down or walk on or up or down the sand dunes or bluffs on the ocean front within the Village of Ocean Beach.[1]
[1]
Editor's Note: Original Sections 8, 9 and 10, which immediately followed this section and pertained to penalties for offenses, maintenance of disorderly houses and the operation of aircraft over the Village of Ocean Beach, were repealed 12-12-1981 by L.L. No. 15-1981. For general provisions, see Ch. 1, Penalties, Art. II.
[Added 12-12-1981 by L.L. No. 12-1981]
The use within the village of air rifles, so-called atom guns or any gun or rifle or other instrument operated by air compression or means other than explosives to propel bullets or other missiles (the use of firearms being elsewhere prohibited by this Code) or slingshots is hereby prohibited. Any violation of this section shall constitute disorderly conduct; and any person violating the same shall be a disorderly person and, upon conviction therefor, shall be punished by a fine of not more than $250 for each offense.
[Added 3-14-1981 by L.L. No. 1-1981]
As used in this article, the following terms shall have the meanings indicated:
MECHANICAL BUCKING DEVICE
Any mechanically operated machine, apparatus, contrivance or device, the design or purpose of which is to simulate or copy the movements of a bucking steer, bull or other animal, whether the same has been constructed in the shape, form and likeness of a steer, bull or other animal, upon which a person or persons is seated as a rider and which machine, apparatus, contrivance or device is operated or operates in a vibrating, pulsating, jerking, bucking or similar fashion in order to or in an attempt to dislodge, unseat and expel the rider.
[Added 3-14-81 by L.L. No. 1-1981]
A. 
No mechanical bucking device shall be installed or operated in any restaurant, eating or drinking establishment, discotheque, cabaret, tavern, bar and grill or similar business which is open to and serves the public or in any other place open to the public.
B. 
Any violation of this section shall constitute disorderly conduct; and any person, firm or corporation violating the same shall be deemed a disorderly person and, upon conviction therefor, shall be punished by a fine of not more than $250 for each offense.
[Added 11-12-83 by L.L. No. 11-1983; amended 7-13-2019 by L.L. No. 03-2019; 6-10-2023 by L.L. No. 4-2023]
A. 
No person shall make use of a tennis court, volleyball court, or other ball-playing designated areas owned or leased by the Village of Ocean Beach unless such person, prior to such use, shall have prepaid any required fees for such use.
B. 
A violation of this section shall be punishable by a fine not less than $25 nor more than $500.
[Added 9-15-84 by L.L. No. 6-1984]
A. 
Prohibited conduct.
(1) 
It shall be unlawful in the Village of Ocean Beach for any person to trespass or intrude or go upon any public or private property, including any bulkhead, dock or marina. 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.
(2) 
It shall be unlawful to pick any flowers, shrubs or trees upon any public property or to mar or to deface any public building or property.
(3) 
No person shall intrude upon or remain upon any lot or parcel of land within the Village of Ocean Beach without authority from the owner thereof or erect or occupy thereon any hut, tent, shed or other structure whatever without such authority.
B. 
The failure by any person to exhibit written consent to any property owner, peace officer or any public official or public employee shall be presumptive evidence that such person has no consent to be upon the property.
C. 
This section shall not apply to a fire, police, peace officer or authorized public official or public employee acting in the course of public duties.
[Added 9-15-84 by L. L. No. 6-1984]
No person shall enter or go upon any public land or public installation, facility or building, unless the same shall, as an ordinary function, be open and accessible to the public, without the consent of the Village Board or a village official or village employee or other public official having charge of such land, installation, facility or building.
[Added 9-15-84 by L.L. No. 6-1984]
It shall be unlawful for any person, firm or corporation to place, erect or occupy, within the bounds of any public street or public walkway in the Village of Ocean Beach, any structure without authorization.
[Added 9-15-84 by L.L. No. 6-1984]
A violation of §§ 123-14, 123-15 or 123-16 shall be punishable as set forth in Chapter 1, § 1-14, of this Code.
[Adopted 4-13-2019 by L.L. No. 02-2019; amended in its entirety 5-15-2021 by L.L. No. 3-2021[1]]
[1]
Editor's Note: This local law also amended the title of this article, which was formerly Regulations of Smoking in Certain Public Places.
As used in this article, the following terms, phrase, words, and their derivatives shall have the meanings given:
SMOKING
The use, burning, inhaling, exhaling, vaping or other discharging of any substance, including, but not limited to, tobacco, tobacco substitutes, cannabis, cannabis-derived products, oils, herbs, fruits, and spices and also carrying of any lighted or burning smoking device.
SMOKING DEVICE
Any product or device used or intended to be used to facilitate smoking, including, but not limited to, cigarettes, cigars, cigarillos, pipes, pipe filler, water pipes, bongs, rolling papers, or similar products.
DESIGNATED SMOKING AREA
Any public area conspicuously designated "Smoking Permitted" by a sign, receptacle, or otherwise, where smoking of legal substances are permitted.
A. 
It shall be a violation of this chapter for any person to smoke at the following locations within the Village of Ocean Beach:
(1) 
A Village-owned, -leased, -operated, or -maintained beach, recreational area, park, and any adjacent waterfront area.
(2) 
Any Village-owned, -leased, -operated, or -maintained property open to the public, including but not limited to open spaces.
(3) 
Public sidewalks and rights-of-way within the Village.
(4) 
Any area within a fifty-foot radius of all entrances to any of the areas listed in § 123-19A(1), (2) and (3).
B. 
Notwithstanding Subsection A of this section, the Board of Trustees, or the Building Superintendent, with the advice of the Board of Trustees, may establish designated smoking areas if it is determined that there is a public need for such.
Any person who commits or permits any act in violation of § 123-19 of this article shall be deemed to have committed an offense against this article and shall be liable for such violation and the penalty therefor and shall, upon final judgment thereof, be subject to a fine or penalty of not less than $25 and not more than $500.
If any clause, paragraph, subdivision, section or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this article, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.