[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.]
This chapter shall be known and may be cited hereinafter as the "Offenses
Law of the Village Montebello."
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.
PERSON
VILLAGE
VILLAGE BOARD or BOARD
As used in this chapter, the following words shall have
the meanings indicated:
Any person, firm, partnership, association, corporation, company
or organization of any kind.
The Village of Montebello.
The Village Board of the Village of Montebello.
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.
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.
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.
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.”
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]
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.