Village of Montebello, NY Chapter 126 Peace and Good Order

[HISTORY: Adopted by the Board of Trustees of the Village of Montebello 4-11-1988 by L.L. No. 6-1988. Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages — See Ch. 45.

Firearms — See Ch. 85.

Littering — See Ch. 113.

Noise — See Ch. 118.

§ 126-1 Title.

This chapter shall be known and may be cited hereinafter as the "Offenses Law of the Village Montebello."

§ 126-2 Word usage; definitions.

A. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense shall include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

B. As used in this chapter, the following words shall have the meanings indicated:

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

VILLAGE

The Village of Montebello.

VILLAGE BOARD or BOARD

The Village Board of the Village of Montebello.

§ 126-3 Offenses against public peace. [1]

No person in the Village shall engage in tumultuous conduct or be a vagrant, defined as follows:

A. Tumultuous conduct. Disturb, tend to disturb or aid in disturbing the peace of others by violent, tumultuous, offensive or obstreperous conduct, and no person shall knowingly permit such conduct upon any premises owned or possessed by him or under his control.

B. Vagrancy. For the status or condition of a vagrant, the following persons shall be termed vagrants:

(1) No lawful means of support. Any person having no lawful means of employment and having no lawful means of support, realized solely from lawful occupations or sources, or any person who lives wildly and without visible means of support.

(2) Loitering. Any person found loitering or strolling in, about or upon any street, alley or other public way or public place, in or at any public gathering or assembly or in or around any store, shop or business or commercial establishment or on any private property or place without lawful business and conducting himself in a loud, wanton or lascivious manner in speech or behavior.

(3) Abroad at unusual hours. Any person who wanders about the streets, alleys or other public ways or places or who is found abroad at late or unusual hours in the night without any visible or lawful business and not giving a satisfactory account of himself.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 126-4 Offenses against property.

No person in the Village shall:

A. Against public and private property.

(1) Unlawfully, maliciously, wantonly, negligently or otherwise remove or mar, cut, mark or otherwise injure real property or improvements thereto or belonging to the Village or any person in the Village.

(2) Fasten in any way any show card, poster or other advertising device upon any public or private property in the Village unless legally authorized to do so.

(3) Trespass upon any public or private property within the limits of the Village of Montebello.

B. Against public property.

(1) Tamper with, injure, deface, destroy or remove any sign, notice, marker, fire alarm box, fire hydrant, topographical survey monument or any other personal property erected or placed by the Village.

§ 126-5 Applicability to cemeteries.

Commission of the offenses described in the aforementioned provisions of this chapter upon any tomb, monument, grave, bench, tombstone, footstone, headstone, post, marker or other monument for or of the dead, erected or being in any of the cemeteries within the Village of Montebello or upon the lands, grounds or real property of any cemetery located within the Village of Montebello, shall be subject to prosecution in accordance with this chapter.

§ 126-6 Enforcement. [1]

Police officers of the Town of Ramapo, or any Police Department serving the Village, and the Building Inspector of the Village of Montebello, except as regards § 126-3, shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of § 126-4 of this chapter, designated as “Offenses against property.”

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 126-7 Penalties for offenses.

A. Any person violating any section or provision of this chapter shall be guilty of a Class 3 violation, as defined in the schedule of penalties of the Village of Montebello, and shall be punished according to the provisions thereunder.[1]

[1] Editor's Note: See Ch. 1, General Provisions, Art. I, General Penalty.

B. In the case of continuing violation of this chapter, each day that such violation exists shall constitute a separate and distinct Class 3 violation.

C. In addition to the above-provided penalties and punishment, the Village Board may also maintain an action in the name of the Village in any court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.

D. The remedies contained within this chapter shall further not be exclusive, but shall be in addition to any other remedy provided by law, so long as not inconsistent herewith, nor shall the invoking of any remedy or procedure contained within this chapter preclude the pursuit of any and all other remedies, and the same are intended to be cumulative.

§ 126-8 Supersession of other laws; authority.

A. This chapter supersedes, and is in derogation of, Chapter 248 of the Code of the Town of Ramapo, County of Rockland, State of New York.

B. This chapter is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law and any other law referenced herein as authority herefor.