[HISTORY: Adopted by the Hamburg Town Board 7-13-1970 by L.L. No.
13-1970; amended in its entirety 6-28-1982 by L.L. No.
3-1982. Subsequent amendments noted where applicable.]
[Amended 6-10-1985 by L.L. No. 5-1985; 6-22-2015 by L.L. No. 6-2015]
The Town Board of the Town of Hamburg hereby
finds and declares it to be in the public interest to provide for
the regulation of certain conduct in public places within the town
and to regulate the hours on certain town-owned property. It is the
purpose of this chapter to protect the public interest, welfare, health
and safety within the Town of Hamburg by prohibiting the consumption
of alcoholic beverages in public places within the town. The Town
Board finds that possession of an open container of alcoholic beverage
in a public place has led to consumption of the same, resulting in
public intoxication, disorderly conduct, disturbances of the public
peace, littering and destruction of property. The Town Board further
finds that the prevention of those conditions which lead to conduct
disturbing the public peace and which are attributable to consumption
of alcoholic beverages in public places 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.
The Town Board of the Town of Hamburg further finds and recognizes
the potential adverse impact on the health, safety and general welfare
of the residents of the Town of Hamburg and to Town-owned property
by the unregulated use of motor vehicles, minibikes, mopeds, snowmobiles,
all-terrain vehicles and all other motorized recreational vehicles
on Town-owned property and therefore deems it appropriate to regulate
the use of said vehicles on Town-owned property.
[Amended 5-26-1983 by L.L. No. 3-1983; 6-10-1985 by L.L. No.
5-1985]
A.
No alcoholic beverages shall be allowed in town parks
and town playgrounds without prior consent of the Town Board and a
permit issued by the Recreation Department.
B.
No activities shall be conducted and no persons shall
be allowed in town parks and town playgrounds without the prior consent
of the Town Board, except during the hours prescribed herein.
C.
The hours of all town parks and playgrounds other
than the Town Beach Park (to include the Town Fitness Center), Town
Golf Course and the Lake View Road Recreation Area (NIKE) shall be
from 10:00 a.m. until one hour after sunset.
[Amended 6-17-1996 by L.L. No. 5-1996]
D.
The hours of the Town Beach Park (to include the Town
Fitness Center) shall be from 5:00 a.m. to 10:00 p.m. Swim hours at
the Town Beach Park shall be from 11:00 a.m. until 8:00 p.m. Boaters
launching boats at the Town Boat Launch are exempt from these hours.
[Added 6-17-1996 by L.L. No. 5-1996]
E.
The hours of the Lake View Road Recreation Area (NIKE)
shall be from 5:00 a.m. until 1/2 hour after the last ballgame has
concluded.
[Added 6-17-1996 by L.L. No. 5-1996]
F.
The hours of the Town Golf Course shall be as follows:
[Added 6-17-1996 by L.L. No. 5-1996]
As used in this chapter, the following terms
shall have the meanings indicated:
Any beverage so defined by the Alcoholic Beverage Control
Law of the State of New York.
Any bottle, can, cup or glass or other receptacle suitable
or used to hold any liquid.
That the premises have a license or permit issued under the
Alcoholic Beverage Control Law or under the provisions of this chapter.
All such vehicles as defined in the Vehicle and Traffic Law
of the State of New York and, in addition thereto, minibikes, mopeds,
snowmobiles, all-terrain vehicles and all other motorized recreational
vehicles.
[Added 6-22-2015 by L.L.
No. 6-2015]
A place to which the public or a substantial group of persons
regularly has access, including but not limited to highways, streets,
roads, alleys, sidewalks, parking lots, shopping areas, malls, playgrounds,
parks, recreation facilities, town facilities and hallways and lobbies
and other portions of apartment houses and hotels and motels not constituting
rooms or apartments designed for actual residence. Excluded from the
definition of a "public place" are those premises duly licensed for
the sale and consumption of alcoholic beverages on the premises or
within and on private property not a "public place" as defined above.
All real property owned by the Town of Hamburg, including
all property over which the Town of Hamburg has a temporary or permanent
easement, excepting therefrom any property rights-of-way or easement
acquired or accepted for highway purposes.
[Added 6-22-2015 by L.L.
No. 6-2015]
[Amended 6-10-1985 by L.L. No. 5-1985]
It shall be a violation of this chapter for
any person to:
A.
Consume any alcoholic beverage in any public place within the town, unless it is a duly licensed or permitted public place, as defined in § 240-3.
B.
Have in his possession an open or unsealed container
of an alcoholic beverage while in any public place for the purpose
of consuming such alcoholic beverage by himself or by another in any
public place. This prohibition shall not apply to possession of the
same solely for the purpose of transporting it without an intent or
indication that it is to be consumed in any public place.
C.
Operate any motor vehicle as defined herein upon any public property
owned by the Town of Hamburg unless specifically authorized to do
so by a Town of Hamburg Department Head or by resolution of the Town
Board of the Town of Hamburg, which resolution must specifically authorize
the individual or group authorized, to operate upon Town property
and the type of motorized vehicle or snowmobile. This shall not apply
to motor vehicles driven in designated driveways or parking areas
of Town buildings or designated driveways or parking areas in Town
parks or recreation areas, or on trails in Town parks or recreation
areas, such trails duly designated by conspicuous posting by the Town
for the use of specific types of recreational vehicles at the times
and in the manner so designated.
[Added 6-22-2015 by L.L.
No. 6-2015]
[Added 6-22-2015 by L.L.
No. 6-2015]
It shall be unlawful for a parent, guardian or other person
having the care, custody and control of any child under the age of
16 years to permit such child to operate any motor vehicle as defined
herein in a manner that violates the terms of this chapter.
[Added 6-22-2015 by L.L.
No. 6-2015]
A.
Whenever any child under the age of 16 years is alleged to have violated
this chapter, his parent, guardian or any person having the care or
control of the child shall be notified by the Police Department or
any person designated by the Police Department to give such notice.
B.
Upon a first notice of a violation under this chapter and section,
a written warning shall be acknowledged by the parent or guardian
or other person having the care, custody and control of any child
under the age of 16 years that they understand the Town ordinance
herein prohibiting the use of motor vehicles on Town-owned property.
No person shall break, leave, discard or deposit
in any manner any glass bottle, glassware, crockery, can or container
of any kind, make or description in any public place except in receptacles
provided to collect trash.
A.
At least 10 calendar days prior to the proposed date
of any special event, any person may apply to the Town Clerk on his
own behalf or on behalf of an organization for a permit to possess
and consume any alcoholic beverages described herein during the conduct
of such special event.
B.
The application shall contain the following information:
(1)
The name of the applicants and the address and telephone
number of each. If the applicant is an organization, the name and
address and telephone number of the organization and of its officers
shall be given.
(2)
The purpose of the special event, the date it is to
be held, the approximate starting time and the termination time and
the location of the assembly area.
(3)
Such other information as the Town Clerk may deem
reasonably necessary.
C.
Except for permits on town-owned and town-controlled
property, payment of a fee of $10 shall be required at the time of
application.
[Added 6-22-2015 by L.L.
No. 6-2015]
A.
The law enforcement officer may immediately impound any motor vehicle
operated in violation of this chapter. The motor vehicle shall be
returned to the owner upon direction of the court or upon payment
of the fine ordered by the court as a penalty and the expenses and
charges necessarily and actually incurred for the impoundment of said
vehicle.
B.
If the owner of said vehicle is a minor under the age of 16 years,
then and in that case, the parent or guardian of said minor shall
accompany the minor on the date the vehicle is reclaimed and the expenses
and charges are paid.
C.
In the case of a second or subsequent violation, the court may order
confiscation of said motor vehicle in lieu of any fine and/or imprisonment.
Any motor vehicle which is confiscated pursuant to this section will
be sold at public auction according to the appropriate procedures
and law affecting public auctions by municipalities.
[Added 6-22-2015 by L.L.
No. 6-2015]
The Town shall designate, by conspicuous posting, all Town parks
and recreation areas or portions thereof which shall be authorized
for snowmobile travel.
[Amended 6-22-2015 by L.L. No. 6-2015]
A.
Any person committing an offense against § 240-4A or B, 240-5 or 240-6 of this chapter shall be guilty of a violation punishable by a fine not exceeding $150 or by imprisonment for a term not exceeding 10 days, or both such fine and imprisonment. The continuation of an offense against § 240-4A or B, 240-5 or 240-6 shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. In addition, anyone holding a special permit is subject to revocation thereof or denial of permit for a special event for a period of one year from the offense.
B.
Any person committing an offense against § 240-4C of this chapter shall be guilty of a violation punishable by a fine not to exceed $ 150 for a first offense and not to exceed $250 for a second offense and each subsequent offense committed within a twelve-month period measured from the date of the first offense. Each violation of any provision of § 240-4C shall be deemed a separate and distinct offense. A person may be charged with more than one offense and shall be subject to an imposition of a fine for such offense(s).
C.
Aggravated offense. It shall be an aggravated offense if the use of recreational vehicle in violation of this chapter results in any injury to any person or any damage to property. The person convicted of such an aggravated offense shall be subject to doubling of the fines set forth in § 240-7B.
D.
Civil compromise. The Town Justice is empowered to approve and enter
an order on consent as a civil compromises between the Town and any
person consenting to the imposition of a civil penalty in an amount
not exceeding $500 per offense and suspending prosecution until all
conditions imposed in the civil compromise are completed by the defendant
within the time frames established in the order.
This chapter shall take effect immediately upon
filing.
If any portion of this chapter shall be adjudged
by a court of competent jurisdiction to be invalid or unconstitutional,
such portion thereof shall be deemed inoperative, and the balance
of said local law shall be deemed to be in full force and effect.
