[HISTORY: Adopted by the Town Board of the
Town of Tuxedo as indicated in article histories. 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.
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.
