[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.]
GENERAL REFERENCES
Firearms, fireworks and hunting — See Ch.
145.
Fire regulations — See Ch.
150.
Licensed occupations and entertainment — See Ch.
185.
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.
[Added 11-15-1985 by L.L. No. 11-1985; amended 1-15-1993 by L.L. No. 1-1993]
A. 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.
B. 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.
C. 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.
D. 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.
A. 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.
B. Gambling houses.
[Added 5-18-1979 by L.L. No. 18-1979]
(1) Findings. The Village Board of Trustees finds as follows:
(a)
Gambling houses constitute a threat to the peace
and good order of the community.
(b)
The welfare of the citizens of the Village would
be advanced by the prevention and suppression of the evils associated
with gambling houses.
(c)
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.
(d)
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.
(e)
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.
(2) Definitions. As used in this section, the following
terms shall have the meanings indicated:
GAMBLING
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.
PERSON
An individual, firm, partnership, corporation or other entity.
(3) Violations.
(a)
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.
(b)
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.
(c)
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.
(d)
This Subsection
B is intended to be consistent with the State Penal Law and to be enforced in a manner that preserves the authority of state law.
(4) Penalties.
(a)
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.
(b)
Each and every day in which a violation occurs
shall be deemed a separate and distinct violation.
(5) Enforcement.
(a)
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.
(b)
Nothing herein shall be construed to change the authority of the Village police to work with and assist state and county law enforcement agencies in the enforcement of this Subsection
B and of the State Penal Law.
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.
[Added 10-16-1970]
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.
[Amended 10-16-1970]
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]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
(1) A permit shall be issued only upon the following conditions:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(2) 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.
F. 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]
(1) 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.
(2) 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.
(3) 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.
(4) 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]
A. 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.
B. 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; 4-16-2021 by L.L. No. 9-2021]
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 beach pavilion, parking lot, Herrick Park).