[HISTORY: Adopted by the Board of Trustees of the Village of East Hampton 3-31-1950 by Ord. No. IX of the General Village Ordinances (Ch. 41 of the 1971 Code). Amendments noted where applicable.]
Aircraft — See Ch. 59.
Beaches — See Ch. 77.
Firearms, fireworks and hunting — See Ch. 145.
Fire regulations — See Ch. 150.
Licensed occupations and entertainment — See Ch. 185.
Noise — See Ch. 196.
Peddling and soliciting — See Ch. 214.
Abandoned shopping carts — See Ch. 235.
Streets and sidewalks — See Ch. 250.
No person shall make, aid, countenance or assist in making any improper noise, riot or disturbance in the street or elsewhere, and no persons shall collect in crowds for unlawful or idle purposes, to the annoyance or disturbance of citizens or travelers.
Unnecessary crowds upon the streets or in doorways or in stairways adjacent thereto, or loitering about said places, or begging or disorderly, noisy, riotous or tumultuous conduct within the Village, disturbing the peace and quiet of the Village or of any meeting or assembly therein, are hereby prohibited.
Coasting, ball playing, throwing stones or snowballs or any act or amusement or practice endangering property or persons on the streets or public grounds of the Village is hereby prohibited.
The harboring or maintenance of any animals, fowl, ducks, etc., within the Village, by reason of which the public peace and order of the Village or the public health therein is unduly affected, is hereby prohibited.
The discharge within the Village of any toy pistols, firecrackers, bombs or other noisemaking devices, or the operation of any noisemaking device, except upon the Fourth of July, is hereby prohibited. The Board of Trustees may, in its discretion and upon proper application therefor, suspend the operation of this section upon any other day in the year under such conditions and restrictions as it may deem proper to impose, but nothing herein contained shall be deemed to authorize, upon the fourth day of July or upon any day when the operation of this section shall be suspended, any conduct within the Village which shall endanger life or property.
Editor's Note: Original § 41-6, Bathing; apparel, amended 5-10-1956, which section immediately followed this section, was repealed 11-15-1985 by L.L. No. 19-1985.
[Added 11-15-1985 by L.L. No. 11-1985; amended 1-15-1993 by L.L. No. 1-1993]
No person shall walk, ride or remain in or upon any of the public streets, paths or highways within the boundaries of the Incorporated Village of East Hampton clothed in a bathing suit or bathing garment unless said bathing suit or bathing garment is covered by a coat or cloak extending from the shoulders to below said garment so that the bathing suit or bathing garment worn by said person is hidden from view.
No person, while within the bounds of any public street, park, path or highway in said Village, shall disrobe for the purpose of putting on or removing any bathing suit or other garments.
No person shall appear in a public street, park, path or highway in said Village clothed or costumed in such a manner that the portion of his or her breast below the top of the areola is not covered with a fully opaque covering.
No person shall appear in a public street, park, path or highway in said Village unless his or her buttocks and the private or intimate parts of his or her body are covered with a fully opaque covering.
No person shall write, print, publish or post any obscene or indecent writing, picture or print in said Village, and no person shall deface any post, wall, fence, building, tree or other surface with any obscene or indecent mark, writing, picture or print.
The defacement or destruction of any public notice or any notice or sign placed by or with the consent of the Board of Trustees is hereby prohibited.
No person or persons shall use any profane, obscene or indecent language in any street, avenue or highway or public place in the Village.
It shall not be lawful for any person to appear on any of the streets, avenues, public halls or public places in the Village in a state of intoxication.
No person shall, within the Village of East Hampton, maintain any house of prostitution, gambling house or place where, by means of slot machines, faro bank, dice or other implement of gambling, money, liquor, cigars or any other articles may or shall in any manner be placed for or be found within any such place.
[Added 5-18-1979 by L.L. No. 18-1979]
Findings. The Village Board of Trustees finds as follows:
Gambling houses constitute a threat to the peace and good order of the community.
The welfare of the citizens of the Village would be advanced by the prevention and suppression of the evils associated with gambling houses.
Gambling houses would bring a large influx of gamblers with an accompanying increase in crime, congestion and accidents, and any revenue which might be derived from gambling houses is likely to be offset by the cost of additional services required to be provided by the Village.
Gambling houses in the Village would be detrimental to the orderly economic development of the Village by increased land speculation and the attraction of illegitimate business.
Numerous community organizations and a substantial number of residents of the Village have communicated to the Village Board their opposition to gambling houses in the Village.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- A person engages in "gambling" when he stakes or risks something of value on the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome. "Gambling" does not include bingo and lotto as authorized by the State Constitution in Article 1, § 9.
- GAMBLING DEVICE
- Any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling activity, whether such activity consists of gambling between persons or gambling by a person involving the playing of a machine.
- GAMBLING HOUSE
- Any premises or establishment at which gambling is conducted as a trade or business for profit. A person "profits from gambling activity" when, other than as a player, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity. "Gambling house" does not include nonpublic or noncommercial premises at which casual betting or gaming are conducted for private amusement or recreation.
- An individual, firm, partnership, corporation or other entity.
It shall be a violation of this Subsection B for any person to own, maintain, conduct or promote any gambling house in the Incorporated Village of East Hampton.
It shall be a violation of this Subsection B for any person to possess any gambling device with the intent to use it in the conduct of a gambling house.
This Subsection B shall in no way affect the right of citizens to vote in any referendum on gambling or gambling casinos which may be held pursuant to state law.
Any person who shall own, maintain, conduct or promote a gambling house in the Village or who shall possess a gambling device therein shall be guilty of a violation of this Subsection B, punishable, upon conviction, by a fine not exceeding $250 or by imprisonment up to 15 days, or both, for each and every violation.
Each and every day in which a violation occurs shall be deemed a separate and distinct violation.
The Village police shall be empowered to arrest any person upon probable cause that he or she has violated this Subsection B and to confiscate any gambling device or evidence relating thereto and to close down the premises or establishment.
No person or persons shall commit any lewd, wanton, indecent, immodest, obscene or filthy act, or be guilty of any lewd, wanton, indecent, immodest, obscene or filthy gesture or conduct in any street, avenue or public place in the Village of East Hampton.
No parade shall be held without a permit therefor issued by the Chief of Police and approved by the Mayor, which permit may only be granted upon five days' prior written application therefor. No such permit shall issue for a parade which, in the judgment of the Mayor or Chief of Police, would unduly obstruct traffic or create any other hazardous condition or unduly disturb the peace and good order. The application shall show the proposed route of the parade, the duration and the number of participants and the type of vehicles, if any, involved.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding the sum of $250 for any offense, and each day that a violation continues shall be deemed to constitute a separate offense.
[Added 10-19-1979 by L.L. No. 24-1979]
Prohibition. No person shall have in his possession any open container containing an alcoholic beverage on any public highway, street, parking lot, sidewalk or vacant land areas of the Incorporated Village of East Hampton.
Definitions. For the purposes of this section, the term "alcoholic beverage" shall mean and include alcohol, spirits, liquor, wine or beer and every liquor or solid, patented or not, containing alcohol, spirits, wine or beer capable of being consumed by a human being. The term "container" shall mean any bottle, can or glass or other receptacle suitable for or used to hold any liquid.
Application. This section, except as hereafter provided, shall apply to all persons on any public highway, street, parking lot, sidewalk or vacant land areas of the Village.
Hazard declared. The possession of open containers of alcoholic beverages by persons on any public highway, street, parking lot, sidewalk or vacant land areas of the Incorporated Village of East Hampton is hereby deemed to constitute a hazard and a nuisance to the health, safety and welfare of the public.
Exceptions; permit required; issuance. If any individual or organization desires to have, distribute or consume alcoholic beverages on public property in the Incorporated Village of East Hampton, said individual or organization must apply to the Chief of Police of the Village, or his duly authorized representatives, for a permit therefor, at least three days prior to the date scheduled for using such beverages. No fee shall be charged for the granting of said permit.
A permit shall be issued only upon the following conditions:
Such individual or organization by its duly authorized officer must agree, in writing, to assume full responsibility for supervising the conduct of the group or individuals benefiting from such permit and to properly clean up and restore the premises, after use, to its prior condition.
Such individual or organization must further agree, in writing, that adequate precautions shall be taken to ensure that minors will not be served or allowed to consume alcoholic beverages at the permitted event or gathering.
No alcoholic beverages shall be distributed or consumed other than on the specific premises described in the permit and only during the time stated therein.
No permit shall be issued to any individual or organization who or which has previously been issued a permit and has failed to comply with the provisions hereof.
In addition, this section shall not apply to any person who is drinking alcoholic beverages while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Penalties. A breach of this section shall constitute a violation, and shall be punishable as follows:
[Amended 4-20-2015 by L.L. No. 6-2015]
A person charged with a violation of § 211-15A shall be required to appear or answer within 15 days of the issuance of a ticket, and shall be subject to a minimum fine of $150.
Upon the failure to answer or appear on the return date or any subsequent adjourned date or to pay the fine when due, a late penalty of $75 shall be added to the minimum fine.
Upon the failure to pay the fine within 60 days of the issuance of a ticket, a late penalty of $150 shall be added to the minimum fine.
Upon the failure to pay the fine within 90 days of its due date, a late penalty of $200 shall be added to the minimum fine.
[Added 6-18-1993 by L.L. No. 8-1993]
No person shall appear in a public place, except as provided in § 211-6, in such a manner that the private or intimate parts of his or her body are unclothed or exposed. For purposes of this section, the private or intimate parts of a female person shall include that portion of the breast which is below the top of the areola. This section shall not apply to the breastfeeding of infants.
Any person violating the provisions of this section shall, upon conviction thereof, be subject to a fine not to exceed the sum of $250 for each offense, and each day that a fine continues shall be deemed to constitute a separate offense.
[Added 4-15-2011 by L.L. No. 4-2011; amended 9-21-2018 by L.L. No. 16-2018]
No person shall smoke a cigarette, pipe, cigar or similar smoking substance or engage in any vaping activity at or within any public property of the Village of East Hampton (including but not limited to: any Village beach, beach pavilion, parking lot, Herrick Park).