[Adopted 2-21-1994 by L.L. No. 1-1994[1]]
[1]
Editor's Note: This local law also superseded former
Art. I, Curfew, adopted 5-1-1899.
A.
The Board of Trustees of the Village of Brockport makes the following
findings:
(1)
There have been numerous citizen complaints directed to the Mayor
and Trustees and other local officials concerning the incidence of
persons gathering in the public area of the Village without a legitimate
reason for being there. Investigations of these complaints have resulted
in the findings that, in the places complained of, extremely large
quantities of refuse, empty beverage containers and other litter have
accumulated. In addition, it has been recognized and reported that
such illegitimate gatherings have discouraged citizens from legitimate
utilization of these areas.
(2)
The complaints received and the investigations show that such illegitimate
gatherings very often are participated in by very large groups of
people and are associated with noise, yelling, often of an obscene
nature, fighting and rowdiness, in addition to the litter.
(3)
It is also found that, where this kind of illegitimate gathering
occurs, acts of vandalism have been found to occur and damage to public
and private property has been sustained. It is also found that the
protection of the health, safety and welfare of the community requires
action in the public interest to regulate such behavior.
(4)
It is the desire of the Board of Trustees of the Village of Brockport
to encourage and stimulate the use of the downtown area for everyone.
Our beautiful buildings and dedicated merchants will attract people
from all walks of life, and this we support. However, when the sidewalks
and areas in front of stores are used as a gathering area or playground,
and customers and strollers are deterred, it must be addressed.
B.
In order to allow free and unobstructed access to store entrances
and permit all who desire to stroll our wide tree-lined sidewalks
without worry or concern for their safety, we propose the following
article.
As used in this article, the following terms shall have the
meanings indicated:
To stand, lounge, congregate or remain parked in a motor
vehicle at a public place or place open to the public and to engage
in any conduct prohibited under this article. "Loiter" also means
to collect, gather, congregate or be a member of a group or of a crowd
of people who are gathered together in any public place or place open
to the public and to engage in any conduct prohibited under this article.
Any place open to the public or any place to which the public
is invited and in, on or around any privately owned place of business,
private parking lot or private institution, including places of worship
or any place of amusement and entertainment, whether or not a charge
of admission or entry thereto is made. It includes the elevator, lobby,
hall, corridors and area open to the public of any store, office or
apartment building, as well as parking lots or other vacant private
property not owned by or under the control of the person charged with
violating this article or, in the case of a minor, not owned by or
under the control of his parent or guardian.
Any public street, road or highway, alley, lane, sidewalk,
crosswalk or other public way or any public resort, place of amusement,
park, playground, public building or grounds appurtenant thereto,
school building or school grounds, public parking lot or any vacant
lot.
A.
It shall be unlawful for any person or group of persons to loiter
at, on or in a public place or a place open to the public in such
manner:
(1)
As to interfere with, impede or hinder the free passage of pedestrian
or vehicular traffic.
(2)
As to interfere with, obstruct, harass, curse or threaten or do physical
harm to another member or members of the public.
(3)
As to engage in noisy, boisterous or unruly behavior so as to disturb
or disrupt the public peace and quiet or to otherwise cause public
inconvenience, annoyance or alarm or recklessly create a risk thereof.
B.
It shall be unlawful for any person to loiter, as defined herein,
at a public place or place open to the public and to fail to obey
the direction of a uniformed police officer or the direction of a
properly identified police officer not in uniform to move on when
not to obey such direction shall endanger the public peace and safety.
[Amended 11-16-2015 by L.L. No. 1-2015]
Any person, corporation or other entity who violates the provisions
of this article shall be guilty of a violation and shall be subject
to imprisonment not to exceed fifteen days or a fine not to exceed
$250 or both such fine and imprisonment.
