[HISTORY: Adopted by the Board of Trustees
of the Village of Floral Park 5-6-1975 by L.L. No. 2-1975.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Bathing attire — See Ch. 16.
Congregating in Village streets — See Ch. 27.
Handbills and billposting — See Ch. 45.
Noise — See Ch. 55.
Playgrounds — See Ch. 62.
Shows, exhibitions and theatrical performances — Ch. 75.
Throwing of missiles — See Ch. 86.
[1]
Editor's Note: This local law also superseded
former Ch. 32, Disorderly Conduct, adopted 5-4-1943, as amended.
In addition to the penalties prescribed herein,
it is hereby ordained that a violation of any provision or section
of this local law for which a penalty is prescribed shall constitute
disorderly conduct, and that the person violating the same is a disorderly
person; and that such violation shall constitute disorderly conduct
and such person shall be adjudged to be and may be punished as a disorderly
person.
It shall be unlawful for any person or persons
to indulge in disorderly, noisy or riotous conduct at any place in
the Village tending to disturb the peace and quiet in the Village
or tending to disrupt or disturb any meeting or lawful assemblage
therein.
A.
It shall be unlawful in the Village for any person
to trespass or go upon any private property without the consent or
invitation, express or implied, of the property owner; or to damage
any Village property or to go upon any grass plot or garden in any
Village park or playground which shall be posted with suitable signs;
or to pick any flowers, shrubs or to do damage to any such shrubs
or trees upon any Village property or along any street; or to injure,
mar or do damage to any trees or shrubs on any private or public property
in said Village; or to mar or deface any building.
B.
No person shall injure, mutilate or destroy any building,
equipment, fire hydrant, street or traffic sign, electric light fixture
or lamp, or wires connected thereto, or any other property of any
kind owned, rented or used by the Village of Floral Park.
It shall be unlawful for any person or persons
in the Village to stand, lounge or remain upon any sidewalk, street,
lobby or entrance to any public building, or building wherein the
public shall be invited to congregate, in such manner as to interfere
with public passage upon the sidewalk or in or about any building
or to cause annoyance, inconvenience or delay to persons lawfully
using such buildings, hallways or streets.
A.
No person shall use any profane, obscene or indecent
language in any street, highway or public place in the Village nor
shall mark, inscribe or draw upon any building, billboard, sign, public
toilet or any place that may be seen by a considerable number of persons
any lewd or filthy drawing, caricature or words.
B.
No person shall expose, display, post up, exhibit,
paint, print or mark, place or cause to be placed any placard, bill,
poster or package as an advertisement or otherwise on any billboard,
wall, fence, tree, lamppost, pole or otherwise in the Village any
vulgar, lewd, indecent or suggestive picture, design or words or any
advertisement or comment tending to shock the sense of public decency
or propriety.
No person shall give, for profit or otherwise,
nor shall any owner, occupant or lessee of any building or residence
in the Village of Floral Park suffer or permit the giving of, a performance
of any indecent, immoral, lewd or vulgar show or performance, moving
picture, peep show or penny arcade; nor sell, give away or cause to
be shown or displayed any filthy, lewd, immoral, suggestive picture,
thing or device tending to shock public decency or propriety.
It shall be unlawful for any person to frequent,
patronize, be an inmate of or in any way connected with any house
of prostitution or assignation in the Village or as owner, agent or
lessee to let or rent any room, building or part thereof in the Village
knowing that it is intended to be or will be used for such purpose,
or knowingly permit any room, building or part thereof in said Village
which is owned, occupied or under the control of such person to be
used for the purpose of prostitution or assignation.
It shall be unlawful for any woman in the Village
to be a common prostitute or commit any act of lewdness for gain,
and it shall be unlawful for any female to solicit the attentions
of any male person or persons by dress, action, words or conduct on
any street, lane or highway of the Village or in any vehicle upon
the streets or in any public place.
No male person publicly or while on any public
street, avenue or sidewalk or in any vehicle upon any street or in
any public place shall offer, pay or give any offensive attentions
to any female person; designedly follow any female against her wishes;
make any insulting or derogatory remark to any female or concerning
any female; nor in any manner annoy, impede or interfere with any
female when she is passing upon any public street, avenue or sidewalk
or in a public place or in any vehicle upon any street or highway
in said Village.
No person shall appear on any of the streets,
sidewalks, highways or in any public conveyance or other public place
in the Village of Floral Park while intoxicated.
[Added 2-1-1977 by L.L. No. 3-1977;
amended 5-21-1985 by L.L. No. 2-1985]
A.
Legislative intent. It is the purpose of this section
to protect the public interest, welfare, health and safety within
the Incorporated Village of Floral Park by prohibiting the consumption
of alcoholic beverages in public places within the Village. The Village
Board of Trustees finds that possession of an open container of an
alcoholic beverage in a public place within the Village, except under
controlled conditions, is detrimental to the health, safety and welfare
of the residents of the Village in that such possession has led to
the consumption of the alcoholic beverage, resulting in public intoxication,
disorderly conduct, disturbance of the public peace, littering of
the public places and destruction of property. The Village Board finds,
further, that preservation of the public health, safety and welfare
and the prevention of the conditions which lead to conduct disturbing
to the public peace, attributable to the consumption of alcoholic
beverages, can be accomplished by prohibiting the consumption of alcoholic
beverages in public places and by restricting the possession of an
open or unsealed container of an alcoholic beverage 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.
B.
ALCOHOLIC BEVERAGE
CONTAINER
PUBLIC PLACE
VILLAGE
Definitions. For the purposes of this section, the
following words or phrases shall have the meanings ascribed to them
herein. All other words or phrases shall have the meanings normally
ascribed to them in regular usage:
Any liquor, beer, wine, spirits, cider or other liquid or
solid, patented or not, composed of or containing alcohol or spirits,
whether or not brewed, fermented or distilled, and capable of being
consumed by a human being.
Any bottle, can, glass, cup or other receptacle of any kind
which is suitable for or used for holding any alcoholic beverage.
Any public highway, street, alley, sidewalk, parking area
or lot, park or playground, public building, transportation facility,
school, place of amusement and hallways, lobbies or other portions
of apartment houses or hotels not constituting rooms or apartments
designed for actual residence or any other public facility or ground,
whether vacant or improved, within the geographical boundaries of
the Village.
The Incorporated Village of Floral Park.
C.
Prohibition. It shall be a violation of this section
for any person to:
(1)
Consume any alcoholic beverage in any public place
within the Village; or
(2)
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 within the Village.
(3)
To
possess an alcoholic beverage if under the age of 21 years.
[Added 2-7-2012 by L.L. No. 4-2012]
D.
Exceptions. The foregoing prohibitions shall not apply
to consumption of an alcoholic beverage or possession for the purpose
of consumption in any public place where the same is authorized by
a license or permit under the laws and regulations of this state and
under the regulations of the Village or to a gathering or function
for which permission has been previously granted by the appropriate
governing body, board, agency or commission.
E.
Presumption. For the purposes of this section the following rebuttable presumption shall apply: The possession by a person of an open or unsealed container containing an alcoholic beverage, while in or upon a public place as described in Subsection B herein, within the Village shall be presumptive evidence that the container is possessed with the intent to consume the contents thereof.
F.
Application. This section shall not apply to any person
in violation of § 1227 of the Vehicle and Traffic Law of
the State of New York.
G.
Validity and separability. Should any provisions of
this section be judicially determined to be invalid or unconstitutional,
such decision shall not affect the validity or constitutionality of
this section as a whole, and the remaining provisions hereof shall
continue in full force and effect.
It shall be unlawful for any person to urinate or defecate upon or in any public place within the Village. For purposes of this section, "public place" shall have the same meaning as set forth in § 32-12. The penalty for violating this section, as well as for any sections that make reference to § 32-13, shall be as specified in § 32-14.
[Amended 2-1-1977 by L.L. No. 3-1977, 9-4-1990 by L.L. No.
6-1990; 7-25-2000 by L.L. No. 4-2000; 9-2-2003 by L.L. No. 5-2003; 1-6-2004 by L.L. No. 1-2004; 1-19-2010 by L.L. No. 1-2010]
A.
Any person, association or corporation who violates any section of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed $350 for the first violation, and by a fine not to exceed $500 for a second violation, and by a fine not to exceed $1,000 for a third or succeeding violations. Said violations shall constitute and are hereby declared to be disorderly conduct, and any person, association or corporation violating a provision of Chapter 32 shall be and hereby is declared a disorderly person as provided in § 32-1 hereof.
B.
A violation of §§ 10-6, 10-15, 60-2.1, 60-3 and 81-23 and of Chapter 72 (including the regulations promulgated thereunder) of this Code shall result in a fine as established by resolution of the Board of Trustees. A violation of §§ 10-3 and 45-3 of this Code shall result in a fine as established by resolution of the Board of Trustees.
[Amended 12-4-2012 by L.L. No. 7-2012]
