CHAPTER 65

PUBLIC CONDUCT

ARTICLE I

GENERAL PROVISIONS

§ 65.1 Title

This Chapter shall be known and may be cited as the "Public Conduct Law of the Village of Mineola, New York."

§ 65.2 Obscene matter

No person shall expose, display, draw, write, print, post or permit to be seen any writing, picture or device of any kind whatever which shall be lewd, immoral, vulgar or in any way offensive to decency, in any public place or which may be visible from any public place, nor sell or give away any such obscene matter.

§ 65.3 Obscene acts

No person shall commit, or perform any lewd, wanton, indecent, immodest, obscene or filthy act or gesture in any public place, or in any place which may be visible from any public place.

§ 65.4 Obscene language

No person shall use any profane, vulgar, lewd or obscene language in any public place or in any place where such language may be audible to persons in, on or using any public place.

§ 65.5 Indecent shows

No person shall for profit or otherwise, give, cause or permit to be given any indecent, immoral, lewd, offensive or vulgar show, performance, motion picture or exhibition.

§ 65.6 Prostitutes and solicitation

No person shall be what is commonly known as a prostitute or commit any act of lewdness or solicit any person to commit any immoral, unchaste or lewd act, nor shall any person keep or maintain what is commonly known as a disorderly house or house of assignation or rent or allow any room or space to be used for any

§ 65.6 MUNICIPAL CODE

immoral purposes.

§ 65.7 Public decency

No person shall offer, pay or give any offensive attentions to any person or persons of the opposite sex, designedly follow such person or persons against their wishes or make any insulting, suggestive or derogatory remark to or about them, or in any manner annoy, impede or interfere with them while such person or persons are in or upon any public place.

§ 65.8 Invasion of personal privacy

No person shall invade, violate or interfere with the personal privacy of another, with or without a device to assist the sight, by looking, spying, or peeping into any abode, house, space or room occupied by another from any place or thing, whether such place or thing be public or private property.

§ 65.9 Disturbing the peace

No person shall make, aid, countenance, encourage or take part in any riot, fight or disturbance of the peace nor disturb any lawful meeting or assemblage and no person shall disturb the peace and quiet by making any loud noise, however such noise may be produced.

§ 65.10 Imitation of official signs

No person shall place, maintain or display upon or in view of a public place, any sign, signal or device which purports to be, is an imitation of or resembles an official traffic sign or signal or which attempts to direct traffic, and any such sign, signal or device shall be deemed to be a public nuisance and shall be removable without notice.

§ 65.11 Injury to signs, signals, barriers or lights

No person shall deface, injure, move, obstruct or interfere with any official sign, or official traffic sign or signal or any barrier, guard, light or flare placed to protect any obstruction, opening, tunnel, ditch or excavation.

§ 65.12 Encroachments and obstructions

No person shall allow any tree, vine, shrub or other object to

PUBLIC CONDUCT § 65.17

encroach upon or project over or upon any public place so as to obstruct, obscure or hide from view any official sign or signal or so as to endanger any person using any public place, and such encroachment or projection shall be deemed to be a public nuisance and shall be removable without notice.

§ 65.13 Throwing or shooting of missiles

No person shall use what is commonly known as a slingshot, bean shooter, blowpipe, bow and arrow, rifle or pistol using gun powder, compressed air, spring or other means for discharging; or throw stones, balls, snowballs or other missiles, except upon private premises controlled, occupied or owned by him or her, and then only in a manner which will not endanger any other person or property.

§ 65.14 Inducement of animals or fowls to fight

No person shall set on foot, instigate, promote or encourage or commit any act which shall induce or cause a fight between any animals or fowls.

§ 65.15 False alarms of fire

No person shall knowingly make, send, cause or raise a false alarm of fire.

§ 65.16 Interference with Fire Department

No person shall interfere with, obstruct, or hinder the work or operation of the Fire Department during any fire or other emergency.

§ 65.17 Obstructing or tampering with fire hydrants

No person shall obstruct, injure or tamper in any way with a fire hydrant nor shall any person open or turn on any fire hydrant unless duly authorized to do so by the Board of Trustees.

§ 65.21 MUNICIPAL CODE

ARTICLE II

OPEN CONTAINERS

§ 65.21 Legislative intent

A. The Board of Trustees finds that the unrestricted consumption of alcoholic beverages in certain public places often leads to disorders and related problems as well as the littering of such public places and is disturbing to the public and threatens peace and good order.

B. The purpose of this Article is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior and the littering of public places: and to protect the public health, safety and welfare and to promote the public good.

§ 65.22 Definitions

For the purpose of this Article, the following words shall have the meanings ascribed to them. All other words shall have the meaning normally ascribed to them in regular use.

1. "Alcoholic beverage" shall mean and include beer, wine, liquor and all other alcoholic beverages as defined by the New York Alcoholic Beverage Control Law.

2. "Container" shall mean any bottle, can, glass or other receptacle suitable for, or used to hold any liquid.

3. "Public lands" shall mean any highway, street, public sidewalk, cemetery, playground, public parking area, public buildings, parks, or other such lands as are generally open to the public.

4. "Motor Vehicle" shall mean, every vehicle, including a snowmobile, which is or can be operated or driven upon a public highway and which is propelled by any power other than muscular power, other than a public omnibus used in the business of transporting passengers for hire.

§ 65.23 Open containers prohibited

A. Public places.

PUBLIC CONDUCT § 65.24

No person shall drink an alcoholic beverage or have in his or her possession any open bottle, can or other container of alcoholic beverage with the intent of the possessor or another to consume same while such person is in a public place or on property owned or leased by another person without the invitation or consent of such person.

B. Motor vehicles.

No person shall drink an alcoholic beverage or have in his or her possession any open bottle, can or container of alcoholic beverage with the intent of the possessor or another to consume same while such person is the operator of or occupant or passenger in or on a motor vehicle which is parked, standing or being operated in a public place or on the property owned or leased by another without the invitation or consent of such person.

C. Presumptions.

The possession of an open bottle or open container unwrapped or with the top exposed in a public place as herein defined shall be presumptive evidence that such open bottle or open container is intended to be consumed in a public place.

The presence of an open container or alcoholic beverage in any motor vehicle shall be presumptive evidence that the same is in the possession of all the occupants thereof and in violation of this Article.

§ 65.24 Exceptions

A. Special permit.

The foregoing shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Village.

B. Transportation from one point to another.

The foregoing prohibitions shall not apply to the transportation of an unsealed but not open container across public lands of the Village from one point to another, with no intent to consume the contents of such open container while upon public lands.

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§ 65.25 MUNICIPAL CODE

§ 65.25 Disposal of open containers

No person shall break, leave or discard any open container on public land within the Incorporated Village of Mineola, except in a waste receptacle placed on public land and for the purpose of depositing or discarding therein waste, or in an area designated therefor.

ARTICLE III

MISCELLANEOUS

§ 65.31 Loitering

A. No person shall loiter in or around public buildings or obstruct corridors, stairways or doorways, so as to prevent free access by members of the public, officers or employees. No person shall by his or her presence or by means either alone or in concert with others interfere with or interrupt the conduct of business in the offices located in any such buildings.

B. No person shall loiter in or upon any public sidewalk, street, bridge, public building or place or obstruct the use thereof so as to prevent free and reasonable access by other members of the public or prevent the exercise of duties by public officers or employees.

C. No person shall, without permission of the owner or occupant thereof, conceal himself or herself, loiter or prowl on the property of another in such a manner as to reasonably cause alarm for the safety of persons or property in the vicinity.

D. No person shall, during the nighttime or hours of darkness, conceal himself or herself, loiter or prowl in any public park, playground or recreation area in such a manner as to reasonably cause alarm for the safety of persons or property in the vicinity.

§ 65.32 Village Recreational Facilities

A. The Incorporated Village of Mineola will, at all times, maintain control over the use of its recreational facilities, including, but not limited to, all parks, playgrounds, picnic areas, the roller skating rink, baseball fields, soccer fields,

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PUBLIC CONDUCT § 65.34

basketball courts, tennis courts and the Village pool.

B. Except as otherwise authorized by the Board of Trustees, any individual utilizing the Village's recreational facilities must possess a valid Village of Mineola Leisure Pass.

C. Village enforcement officers, the Nassau County Police Department and facility and park attendants are hereby authorized to deny access to or evict or remove or cause to be removed any individual who is unable to present a valid Village of Mineola Leisure Pass when asked to do so.

D. No person, except authorized personnel of the Village, shall enter or be present in or upon any Village park between sunset and sunrise of the following day, except in those parks where different hours are posted by authority of the Board of Trustees. [§ 65.32 amd. LL # 29, 2000, 6/21/2000.]

§ 65.33 Noise

A. Definitions.

As used in this Section, the following words shall have the following meaning:

EXCESSIVE SQUEALING OR OTHER EXCESSIVE NOISE FROM THE TIRES OR MOTOR OF A MOTOR VEHICLE OR MOTORCYCLE shall mean any noise of the motor or the squealing of tires of a motor vehicle or motorcycle caused by an unwarranted or unusual acceleration or deceleration of the motor vehicle or motorcycle or in making a turn with a motor vehicle or motorcycle in such a manner as to cause unnecessary squealing of the tires.

B. Excessive noise prohibited.

No person shall make, aid, countenance or assist in making any improper noise or disturbance, or operate a motor vehicle or motorcycle in such manner as to cause excessive squealing or other excessive noise of the tires or motor of said vehicle or motorcycle on the streets of the Village of Mineola.

§ 65.34 Smoke

No person shall cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner or any other agency in the

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§ 65.34 MUNICIPAL CODE

Village so as to cause annoyance or discomfort to the residents thereof.

For the purpose of testing and grading the density of smoke, the Ringelmann Smoke Chart as published and used by the United States Bureau of Mines shall be and is hereby adopted as a standard for such grading, and smoke shall be, and is hereby defined as and declared to be "dense" when it is of a degree of density of number three of said chart, or greater, for more than six minutes in any one hour, whether such period of time is consecutive or not.

ARTICLE IV

TRESPASSING

§ 65.41 Entering upon posted property; written consent;

prohibited acts

It shall be unlawful in the Village of Mineola for any person other than the owner to intrude, trespass or go upon any public or private property, which property or properties have been posted as hereinafter provided, without the written consent of the owner of such private property or public official having charge of any public property; or to pick any flowers, shrubs or trees upon any public or private property, or mar or deface any public or private building. Failure by any person to exhibit such written consent to any peace officer or any Village official or enforcement officer shall be presumptive evidence that he or she has no consent or permission to be upon the property.

§ 65.42 Posting of notices

Notices or signboards not less than fourteen (14) inches high by twenty-four (24) inches wide and with letters not less than four (4) inches high shall be so placed that when in position each notice or signboard shall not be separated for a distance between signs greater than two hundred (200) feet.

§ 65.43 Consent required for use of Village lands; exceptions

Whether or not such property shall have ben posted as hereinabove provided, no persons shall enter or go upon any lands of the Incorporated Village of Mineola, whether uplands or lands under

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PUBLIC CONDUCT § 65.43

water, for the purpose of occupying the same or of erecting any structure thereon or of removing from such lands any soil, topsoil, sand or gravel, nor shall any person occupy such lands or erect any structure thereon or remove therefrom any soil, topsoil, sand or gravel, without having first obtained the consent of the Board of Trustees of the Incorporated Village of Mineola and without complying in all respects with the conditions, if any, upon which such consent shall be granted, but nothing herein contained shall be deemed to prevent any resident of the Incorporated Village of Mineola from using any Village park for public recreational purposes.

[§ 65.44 Penalties for offenses repealed. LL #16, 2000, 1/5/2000.]

HISTORICAL NOTE

This Article was enacted by the Board of Trustees of the Village of Mineola as Local Law #1 of the year 1994 on July 13, 1994.

Cross-references:

Streets and Public Places. Chapter 44

animals or vehicles using sidewalks. § 44.5

bill posting. § 44.84

littering. § 44.4

playing on streets and sidewalks. § 44.6

trees, damaging. § 44.32

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§ 65.100 MUNICIPAL CODE

ARTICLE V

PENALTIES

§ 65.100 Penalties

Unless otherwise provided, any person violating any provision of this Chapter shall be punished as provided in § 1.10 of this Municipal Code.

References:

Disorderly conduct. Penal L § 240.20

Firearms. Penal L § 400.00

possession of weapons and dangerous instruments. Penal L § 265.06.

minors under sixteen. Penal L § 265.05(4).

Fireworks, possession or sale. Penal L § 270.00(1).

Littering. Local regulations which require owner to keep sidewalk free from litter is not unconstitutional and within the police power. People v Elsen, 77 Misc2d 1044, aff'd 79 Misc2d 829. People v. James H. Northrup, Inc., 85 Misc2d 298. Municipality may prohibit littering but can not require trucks to be equipped with metal or canvas covers. NY Trap Rock Corp v Inc. Vil of Roslyn, 66 Misc2d 334.

Loitering. Penal L § 240.35 held unconstitutional. People v Berck, 32 NY2d 567. See also People v Diaz, 4 NY2d 469 which held that loitering ordinance unconstitutional since it was not coupled with another act.

Noise.

Aircraft noise, regulation by municipality, invasion of federal preemption. American Airlines v Hempstead, 398 F2d 369, affd 272 F Supp. 226.

"[D"isjunctive definition of 'unnecessary noise' as 'any excessive or unusually loud sound or any sound which *** annoys *** a person' is unconstitutional". Specific standards also fall since none provide "guidelines for the perplexed would be noisemaker". People v NY Trap Rock Corp., 57 NY2d 371 (Ordinance taken from State model and NIMLO).

Loud and raucous noises prohibited, constitutionality upheld. Kovacs v Cooper, 366 US 77.

Motor vehicles, excessive noise. V & T L § 386.

Sound truck operation. Mattes v Collyer, 32 Misc2d 224; People v Caponigri, 169 Misc 9; People v Taub, 37 NY2d 530.

Open containers. Ordinance prohibiting mere possession of an opened or unsealed container of an alcoholic beverage in a public place, without requiring any proof of any intent to consume, is unconstitutional. People v Lee, 58 NY2d 491.

Restriction prohibiting consumption of alcoholic beverages to those purchased in park is unconstitutional. People v Furlong, 129 Misc2d 938.

Trespass. Penal L §§ 140.00 - 140.17

criminal trespass and burglary; definition of terms. Penal L § 140.00

criminal trespass, first degree. Penal L § 140.17; second degree. Penal L § 140.15; third degree. Penal L § 140.10

persons may be prosecuted for entry upon town park lands during closing hours either pursuant to a town ordinance with a penalty clause or pursuant to the Penal Law. Op St Compt 69-539.

private property; power to regulate use without permission. 1980 Op Atty Gen. June 24; unimproved land; notice. People v Basch, 36 NY2d 154; People v Munafo, 50 NY2d 326; violating; entering or remaining unlawfully in or upon premises. Penal L § 140.05.

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