[HISTORY: Adopted by the Town Board of the Town of Wallkill as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-24-1982 by L.L. No. 6-1982]
The Town of Wallkill recognizes that loitering, creating excessive noise and drinking of alcoholic beverages in public places must be adequately controlled so as to prevent public disorder, nuisances, littering and other acts and conditions detrimental to the health, safety and welfare of the residents of the town, and this article is intended to provide such control and regulation.
As used herein, the following words shall have the meanings below set forth:
- ALCOHOLIC BEVERAGE
- Alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
- EXCESSIVE NOISE
- Any noise or sound interfering with the normal peace or quiet of the public at large which could reasonably disturb, annoy or harass the right of any individual to lead a normal life free from such disturbances, including, but not limited to, the loud playing of music, shouting and similar disturbances.
- Encompasses, but shall not be necessarily limited to, one or more of the following acts:
- A. Obstruction of the free, unhampered passage of pedestrians or vehicles.
- B. Obstructing, molesting or interfering with any person lawfully upon any street, park or other public place.
- C. Remaining idle in essentially one location without being able to establish having a legitimate purpose in so remaining idle or, by general conduct, exhibiting the absence of a lawful purpose in so remaining idle. In determining whether or not a legitimate or lawful purpose for remaining idle has been established, consideration shall be given to the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a police officer shall, prior to any arrest for an offense under this article, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this article if the police officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.
- D. Refusing to move on when so requested by a police officer, provided that such officer has exercised his discretion reasonably under the circumstances in order to preserve or promote public peace and order.
- OTHER PUBLIC PLACE
- Includes the quasi-public area in front of or adjacent to any store, shop, restaurant, luncheonette or other place of business and shall include also any parking lots or other vacant property not owned by or under the dominion of the person charged with a violation of this article.
It shall be unlawful for any person to idly assemble, loiter, lounge or sleep in or upon any street, sidewalk or other public place or in any public building or in a park during those hours it is closed to the public or to obstruct the access to any public building or any part thereof or to obstruct passage through or upon any public street or park.
It shall be unlawful for any person or persons to carry, hold, possess or drink from any open container holding alcoholic beverages in any public beach, bathing area, park, street, sidewalk, parking area, building or any other public place in the town, except where specifically authorized.
It shall be unlawful for any person or persons to carry, hold, possess or drink from any open container holding alcoholic beverages in any vehicle at any public place in the town.
Neither of the foregoing subsections shall prohibit the drinking of alcoholic beverages at the town park in Circleville during a lawful picnic or related social activity.
It shall be unlawful for any person or persons to create excessive noise at any public place, including public beaches, parks, streets, sidewalks, parking areas, buildings or other public places in the Town of Wallkill.
Any person committing an offense against any provision of this article shall be guilty of a violation punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment.
[Adopted 9-28-2006 by L.L. No. 12-2006]
For the purposes of this article, the terms used herein are defined as follows:
- TOWN HALL
- Buildings known as "A" and "B," located at 99 Tower Drive in the Town of Wallkill.
No person shall smoke cigars, cigarettes, or any other tobacco products inside said buildings or within 65 feet of the buildings comprising the Town Hall.
For each violation of the provisions of this Article II, the person violating the same shall be subject to a fine of not more than $250.