[HISTORY: Adopted by the Board of Trustees of the Village of Fort
Plain 7-15-1997 by L.L. No. 1-1997. Amendments
noted where applicable.]
The Village Board of the Village of Fort Plain makes the following findings:
A.
There have been numerous citizen complaints directed
to the Mayor and Trustees and other local officials concerning incidents of
persons gathering in the public areas of the village without a legitimate
reason for being there. Investigation of these complaints has resulted in
the finding that in the places complained of large quantities of refuse and
other litter have accumulated and damages have occurred. In addition, it has
been recognized and reported that such gatherings have interferred with or
discouraged citizens from legitimate utilization of these areas.
B.
The complaints received and the investigations show that
such gatherings very often are participated in by large groups of people and
are associated with noise, yelling, often of an obscene nature, fighting and
rowdiness, in addition to litter.
C.
It has also been found that where this kind of gathering
occurs, acts of vandalism have been found to occur and damage to public and
private property has been sustained. The protection of the health, safety
and welfare of the community requires action in the public interest to regulate
such behavior.
As used in this chapter, 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 chapter. "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 chapter.
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 lobby, halls, corridors and areas 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 chapter or, in the case of a minor, not owned by or under
the control of such minor's parent or guardian.
Notwithstanding anything to the contrary which may appear to be set
forth in this chapter, enforcement of this chapter as it relates to places
open to the public as defined herein shall be conditioned upon a request for
such enforcement by the owner, lessee, tenant or agent of such place open
to the public either personally delivered or sent by certified mail, return
receipt requested, to the attention of the Chief of Police of the Village
of Fort Plain, and upon notice of such request being posted conspicuously
in or about such place by the owner, lessee, tenant or agent thereof in a
manner as is reasonably calculated to afford notice of the prohibition to
ail interested parties. In addition to stating the name of the owner and a
description of the property involved, the request shall include a certification
stating that the provisions of this chapter relating to posting of notice
have been complied with.
Any public street, road or highway, alley, lane, sidewalk, crosswalk
or other public way or any public 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; or
(3)
That, by words, acts or other conduct, it is clear and
there is a reasonable likelihood that such conduct shall result in a breach
of the peace or disorderly conduct or to cause annoyance, inconvenience or
alarm or to 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 or otherwise interfere
with or discourage other citizens from legitimate utilization of such place.
C.
It shall be unlawful for any person to stand, loiter
or congregate in any other place open to the public if the owner, lessee,
tenant or agent of such place has posted a notice in such place as provided
for in the definition of "place open to the public."
Any person who shall violate any provision of this chapter shall be
guilty of an offense punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both. Each day of continued violation shall
constitute a separate additional violation. For the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations of this
chapter shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations.
