City of Oneonta, NY
Otsego County
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Table of Contents
Table of Contents
[HISTORY: Derived from Articles VII and VIII of Chapter 65 of the 1975 Compilation, as amended through 1996. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 170.
Parks and recreation — See Ch. 194.

§ 220-1 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 presence or by means either alone or in consort 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, 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.

§ 220-2 Consumption of alcoholic beverages in public places.

A. 
Legislative intent and purpose.
(1) 
The Common Council 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.
(2) 
The purpose of the chapter is to prohibit the consumption of alcoholic beverages in 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.
B. 
Consumption of alcoholic beverages in public places.
(1) 
Prohibited. No person shall, within the City of Oneonta, drink or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public sidewalk, street, highway, parking lot, public park or such other public place as defined by § 240.00 of the Penal Law of the State of New York.
(2) 
Possession of open containers. No person shall carry or have in his or her possession, within the City of Oneonta, any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in Subsection B(1) of this section.
(3) 
Presumptions.
(a) 
The possession of an open bottle or open container unwrapped or which has 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.
(b) 
An open bottle or open container in any vehicle while in or on any public sidewalk, street, highway, parking lot, public park or other public place, as defined by § 240.00 of the Penal Law of the State of New York, shall be presumptive evidence that the same is in the possession of the driver.
C. 
Exceptions.
(1) 
The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the City of Oneonta.
(2) 
The foregoing prohibitions shall not apply to the transportation of an unsealed but not open container across public lands of the City of Oneonta from one point to another with no intent to consume the contents of such open container while upon public lands.

§ 220-2.1 Public urination or defecation.

[Added 2-16-2010 by Ord. No. 1-2010]
No person shall urinate or defecate: a) in a public place, whether indoors or outdoors, except in a designated public rest room or designated portable toilet; or b) outdoors on private property, if reasonably visible from a public place; or c) outdoors on private property, if not visible from a public place, without the express permission of the owner.

§ 220-2.2 Public fighting.

[Added 2-16-2010 by Ord. No. 1-2010]
No person shall fight with another person or persons, or attempt to fight or engage or provoke another person to fight: a) in a public place, whether indoors or outdoors; or b) outdoors on private property, if reasonably visible from a public place; or c) outdoors on private property, if not visible from a public place, without the express permission of the owner.
Excepted from this statute is participation in a duly authorized sporting event, a supervised educational activity, or a supervised recreational activity.
"Fight" shall be defined as a physical conflict between two or more individuals.

§ 220-3 Playing in streets and on sidewalks.

A. 
Play streets. Nothing in this section shall prohibit the setting aside of streets, or sections thereof, for a limited period of time for playground or other temporary lawful purposes by the Common Council, under proper supervision. Such streets or sections thereof, while used for playground purposes, shall be blocked from traffic and properly marked and policed.
B. 
Riding bicycles on sidewalks.
(1) 
No persons of any age shall ride any bicycle upon or along any sidewalk or pathway set aside for pedestrians upon either side of Main Street between the intersection of River and Main Streets and the intersection of Elm and Main Streets, which are public streets in the City, except handicapped persons who are unable to walk.
[Amended 5-16-2006 by Ord. No. 5-2006]
(2) 
No person over the age of 12 years shall ride any bicycle upon or along any sidewalk or pathway set aside for pedestrians in any public street of the City, except handicapped persons who are unable to walk.
C. 
Other transport devices.
(1) 
It shall be unlawful for any person to operate roller skates, skateboards, scooters, skis, sleds, coasting devices or other similar types of nonmotorized recreational and sports equipment with wheels or runners upon the streets of the City, except on such streets and such times as the Common Council may designate from time to time.
(2) 
Bicycles and other vehicles covered by the New York State Vehicle and Traffic Laws are exempt from this section.
D. 
Sidewalk use.
(1) 
It shall be unlawful for person to operate roller skates, skateboards, scooters, skis, sleds, coasting devices or other similar types of nonmotorized recreational and sports equipment with wheels or runners on or along any sidewalks or pathways set aside for pedestrians in the following areas or upon such sidewalks as the Common Council may designate from time to time:
(a) 
Main Street from River Street to Walling Avenue.
(b) 
Chestnut Street from Market Street to the Intersection of Chestnut Street and West Street.
(c) 
Wall Street.
(d) 
Dietz Street from Main Street to Walnut Street.
(e) 
Ford Avenue from Main Street to Walnut Street.
(f) 
South Main Street.
(g) 
Market Street from Main Street to Division Street.
(h) 
Elm Street from Main Street to Walnut Street.
(i) 
Maple Street from Main Street to the intersection at Walnut Street.
(j) 
James F. Lettis Highway.
(2) 
It shall be unlawful for any person to operate such vehicles within the confines of any public parking area or within the confines of Huntington Memorial Park.
(3) 
It shall be unlawful for any person to operate a skateboard without the use of protective headgear.
(4) 
It shall be unlawful to use any such device within 20 feet of any pedestrian.
(5) 
Such device may only be used during the hours of daylight.
(6) 
It shall be unlawful for three or more persons to operate such devices within 100 feet of any other such device.
E. 
Anything heretofore notwithstanding this Subsection D shall not apply to any device or vehicle commonly used to transport handicapped or disabled persons either with or without assistance of another person or under its own power. Also exempt from this provision shall be the use of any such vehicle when used under direct parental or guardian in loco parentis supervision.

§ 220-4 Repairs in streets and public places.

No person shall repair or service any vehicle as defined in Vehicle and Traffic Law § 159 in any public street, highway or place in the City, except in an emergency or breakdown.

§ 220-5 Bill posting and advertising signs. [1]

A. 
Public places. It shall be unlawful for any person to attach, place, paint, write, stamp or paste or cause to be attached, placed, painted, written, stamped or pasted any sign, advertisement or other matter upon any lamppost, electric light, railway, telephone or telegraph pole, shade tree, fire hydrant or boxes covering them; or on any bridge, pavement, portion of any sidewalk or crosswalk, public building or any other property or thing belonging to the City, or on any article or thing within any park.
B. 
Private property. It shall also be unlawful for any person to attach, place, paint, write, stamp or paste or cause to be attached, placed, painted, written, stamped or pasted any sign, advertisement or other matter upon any house or part thereof, wall, fence, gate, post, tree or box without first having obtained written permission of the owner, agents or occupants of the premises so to do.
C. 
Applicability to baseball parks. Notwithstanding any other provision of this section to the contrary, it shall be lawful, with the written permit of the Board of Public Service, for advertising signs, advertising structures and like devices to be erected or maintained on the inside of the fence of the enclosed Neahwa Park baseball diamond, and around the southwesterly boundary of Neahwa Park junior baseball diamond, provided that such signs, structures and devices are uniform in height and attractively colored.
[1]
Editor's Note: See also Ch. 154, Handbills and Posters.

§ 220-6 Public sports and exercises on Sunday.

It shall be lawful to conduct, witness, participate or engage in any form of public sports, exercises or shows which are conducted or engaged in primarily for the entertainment of spectators, not specifically prohibited by any provision of the law, on the first day of the week after five minutes past 1:00 p.m., to witness which the public is invited or an admission fee is charged, either directly or indirectly, in the City of Oneonta, except auto racing which is expressly prohibited.

§ 220-7 Public entertainment on Sunday.

It shall be lawful to conduct or participate in any public entertainment on the first day of the week after five minutes past 1:00 p.m., to witness which the public is invited or an admission is charged, either directly or indirectly, in the City of Oneonta.

§ 220-8 Penalties for offenses.

Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code.