[HISTORY: Adopted by the Town Board of the Town of Tuxedo: Art. I, 10-10-1979 as L.L. No. 11-1979. Amendments noted where applicable.]
[Adopted 10-10-1979 as L.L. No. 11-1979]
This Article shall be called the "Regulating and Use of Public and Private Premises Law."
This Article is intended to preserve the public peace, good order, safety and welfare of the people of the Town of Tuxedo and to regulate the use of public and private premises.
The following definitions are applicable to this Article:
- In addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons or used by persons for carrying on business therein, or an enclosed motor truck or an enclosed motor truck trailer. Where a building consists of two or more units separately secured or occupied, each unit shall be deemed both a separate building in itself and a part of the main building.
- A building which is usually occupied by a person lodging therein at night.
- ENTER OR REMAIN UNLAWFULLY
- A person "enters or remains unlawfully" in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless notice against trespass is personally communicated to him by the owner of such land or other authorized person or unless such notice is given by posting in a conspicuous manner.
- The period between 30 minutes after sunset and 30 minutes before sunrise.
- Includes the term "building," as defined herein, and any real property.
No person shall knowingly enter or remain unlawfully in or upon any public or private premises within the Town of Tuxedo.
The violation of any provision of this Article shall be punishable by a fine not exceeding $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.