[HISTORY: Adopted by the Board of Trustees of the Village
of Huntington Bay 2-9-1998 by L.L. No. 1-1998.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 5.
Building, structure and property maintenance — See Ch. 13.
Dogs and other animals — See Ch. 20.
Dumping — See Ch. 21.
Garage sales — See Ch. 36.
Garbage, rubbish and refuse — See Ch. 39.
Lights, outdoor — See Ch. 45.
Peddling and soliciting — See Ch. 60.
Signs — See Ch. 71.
Streets and sidewalks — See Ch. 74.
[1]
Editor's Note: This local law superseded former Ch. 57, Peace
and Good Order, adopted 12-8-1975 by L.L. No. 2-1975, as amended.
No person shall make, aid, countenance or assist in making,
creating or participating in a riot as that event and conduct is defined
in Penal Law Article 240, and notwithstanding any other provision
in the Penal Law prohibiting such conduct, no persons shall collect
in a group of more than five individuals for any unlawful purpose;
nor shall any person make, aid or assist in the making of any disturbance
or disorderly conduct in the street, or on private property which
is otherwise open to view by the public, which disturbing or disorderly
conduct is otherwise defined and prohibited under § 240.20
of the Penal Law.
No person shall write, print, scrawl or draw on or otherwise
deface any post, wall, fence, building, tree or other surface within
the Incorporated Village of Huntington Bay. No person shall deface
or destroy any public notice or any notice or sign placed by or with
the consent of the Incorporated Village of Huntington Bay.
A.
Findings. It is found and declared that the making and creation of
unreasonably loud, unnecessary, disturbing or unusual noises within
the limits of the Village of Huntington Bay is a condition which has
existed for some time, and the extent and volume of such noises is
increasing. The making, creation or maintenance of such unreasonably
loud, unnecessary, unnatural or unusual noises which are prolonged,
unusual or unnatural in their time, place and effect are a detriment
to the peace, welfare, comfort, safety, convenience, good order and
prosperity of the residents of the Village of Huntington Bay, and
the necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared as a matter of legislative
determination and public policy; and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the
public health, comfort, convenience, peace, good order, safety, welfare
and prosperity of the Village of Huntington Bay and its inhabitants.
B.
Prohibition. It shall be unlawful for any person, firm or corporation
to make, continue or cause or allow to be made or continued unreasonable
noise within the Village of Huntington Bay.
C.
PUBLIC HOLIDAY
UNREASONABLE NOISE
Definitions. For the purpose of this chapter, the following terms
shall have the meanings indicated:
New Year's day, Memorial Day, Independence Day, Labor Day,
Thanksgiving day and Christmas day.
[Added 4-24-2017 by L.L.
No. 7-2017]
(1)
Any noise of a type or volume that a reasonable person of normal
sensitivities would not tolerate at the time, place and under the
circumstances that the noise is made.
D.
Unnecessary noises enumerated. The following acts, among others,
are declared to be loud, disturbing and unnecessary noises in violation
of this chapter, but said enumeration shall not be deemed to be exclusive,
namely:
(1)
Radios, phonographs and television sets: the using, operating or
permitting to be played, used or operated of any television or radio
receiving set, musical instrument, phonograph or other machine or
device for producing or reproducing of sound in such manner as to
disturb the peace, quiet and comfort of the neighboring inhabitants
or, at any time, of louder volume than is necessary for convenient
hearing of the person or persons who are in the room, vehicle, chamber
or area in which such machine or device is operated and who are voluntary
listeners thereto. The operation of any such set, instrument, phonograph,
machine or device between the hours of 11:00 p.m. and 8:00 a.m. in
such a manner as to be plainly audible at a distance of 100 feet from
the building, structure, vehicle or area in which it is located shall
be prima facie evidence of a violation of this section.
(2)
Horns and signaling devices: the sounding of any horn or signaling
device on any automobile, motorcycle, streetcar or other vehicle on
any street or public place of the Village of Huntington Bay, except
as a danger warning; the creation by means of any such signaling device
of any unreasonably loud or harsh sound; the sounding of any such
device for an unnecessary and unreasonable period of time; the use
of any signaling device except the one operated by hand or electricity;
the use of any horn, whistle or other device operated by engine or
exhaust; and the use of any such signaling device when traffic is
for any reason held up.
(3)
Yelling and shouting: yelling, shouting, hooting, whistling or singing
on any public street, sidewalk, or premises open to the public, or
any public property, when intentionally done to create or recklessly
creating a risk of public annoyance, alarm or inconvenience.
(4)
Exhausts: the discharge into the open air of the exhaust of any steam
engine, stationary internal-combustion engine motorboat or motor vehicle
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
(5)
Defect in vehicle or load: the use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such a manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
(6)
Pile drivers and hammers: the operation before 8:00 a.m. and/or after
5:00 p.m., and on Saturday, Sunday or any public holiday, of any pile
driver, steam shovel, pneumatic hammer, derricks, steam or electric
hoist or other such equipment, the use and/or operation of which is
attended by loud or unusual noise.
[Amended 4-24-2017 by L.L. No. 7-2017]
(7)
The operation of any construction equipment or construction or repairing
of buildings: the erection (including excavating), demolition, alteration
or repair of any building, which work occurs before 8:00 a.m. and/or
after 5:00 p.m. or on Saturday, Sunday or any public holiday, except
in the case of a public emergency and in the interest of public health
and safety and then only with the permission of the Mayor or the Police
Commissioner or the Chief of Police.
[Amended 3-8-2004 by L.L.
No. 3-2004; 4-11-2016 by L.L. No. 3-2016; 4-24-2017 by L.L. No. 7-2017]
(8)
Motorized landscaping or power washing equipment: the operation of
any landscaping equipment, including, but not limited to, lawn mowers,
leaf-blowing devices, chippers, string trimmers, weed eaters, weed
whackers, lawn edgers, tillers, dethatchers, and chain saws, or any
power washing equipment, the operation of which is powered by an internal
combustion, electric or battery-powered motor, prior to 8:00 a.m.
or after 7:00 p.m. shall be deemed unnecessary noise. Notwithstanding
the provisions hereof, the operation of any such motorized landscaping
or power washing equipment by any commercial landscaping or contracting
service between the hours of 5:00 p.m. and 8:00 a.m. on Monday through
Friday, and before 9:00 a.m. or after 2:00 p.m. on Saturday and all
day Sunday, shall be deemed unnecessary noise, except in the case
of an emergency or in the interest of public health and safety and
then only with the permission of the Mayor or the Police Commissioner
or the Chief of Police.
[Amended 4-11-2016 by L.L. No. 3-2016; 4-24-2017 by L.L. No. 7-2017; 5-10-2021 by L.L. No. 1-2021]
(9)
Loudspeakers: the operation of any loudspeakers or any speaker systems
or any device for the production of reproduction of sound, in a manner
that creates public annoyance, alarm or inconvenience or which a reasonable
person of normal sensitivities would not tolerate at the time and
place and under the circumstances the noise is made.
[Amended 4-11-2016 by L.L. No. 3-2016; 4-24-2017 by L.L. No. 7-2017]
(10)
Animals and birds: the keeping of any one or more animals or birds
whose noise, by virtue of loudness, duration, frequency or intensity,
causes public inconvenience, annoyance or alarm; or creates noise
which a reasonable person of normal sensitivities would not tolerate
at the time and place and under the circumstance that the noise is
made.
[Amended 4-11-2016 by L.L. No. 3-2016; 4-24-2017 by L.L. No. 7-2017]
(a)
Any animal or bird noise occurring between 7:00 p.m. and 8:00
a.m., and plainly audible at a distance of 100 feet from the place
of origination of the noise, shall be prima facie evidence of a violation
of this chapter.
(b)
Any animal or bird noise occurring for any continuous period
of five minutes or more, or an aggregate of 15 minutes or more in
any eight-hour period, when such noise is plainly audible inside any
portion of a dwelling or residence other than the place where the
noise originated, shall be prima facie evidence of a violation of
this chapter.
(11)
The operation of any commercial landscaping services between the
hours of 5:00 p.m. and 8:00 a.m. on Monday through Friday, and before
8:00 a.m. or after 2:00 p.m. on Saturday and all day Sunday, except
in the case of an emergency or in the interest of public health and
safety and then only with the permission of the Mayor or the Police
Commissioner or the Chief of Police.
[Amended 3-8-2004 by L.L. No. 3-2004; 6-8-2015 by L.L. No. 2-2015]
E.
Regulation of amplifiers, loudspeakers or public-address systems.
(1)
Findings. It is found and declared that the use or operation of any
device or apparatus for the amplification of sounds from any radio,
phonograph or other sound-producing device or any device or apparatus
for the reproduction or amplification of the human voice or other
sounds on any public street or outside any building, place or premises
near any building or on any place adjacent to a public street or place,
or in or upon any vehicle being operated or standing on a public street
or place where the sound therefrom may be heard upon any public street
or place from any stand, platform or any other structure, is detrimental
to the health, welfare and safety of the inhabitants of the Village;
and, further, that such use or operation disturbs the public peace
and comfort and the peaceful enjoyment by the people of the Village
of their rights to use the public streets, places for streets and
other public purposes and disturbs the peace, quiet and comfort of
a neighboring inhabitant.
(2)
SOUND DEVICE OR APPARATUS
As used in this section, the following terms shall have the meanings
indicated:
Any radio device or apparatus or any device or apparatus
for the amplification of any sound from any radio, phonograph or other
sound-making or sound-producing device or any device or apparatus
for the reproduction of or amplification of the human voice or other
sounds.
F.
Penalties for offenses. Any person, firm or corporation who violates
any section of this chapter on prohibited noises shall be deemed guilty
of a violation and, upon conviction thereof, shall be punished by
a fine not less than $50 and not more than $250 for a conviction on
a first offense and by a fine of not less than $150 and not more than
$1,000 or by imprisonment not in excess of 15 days, or both, for a
conviction on each subsequent offense.
[Amended 1-14-2002 by L.L. No. 2-2002]
A.
Legislative intent. The Village Board of the Village of Huntington
Bay, hereby declares and finds it to be in the public interest to
provide for the regulation of certain conduct in public places within
the Village of Huntington Bay by prohibiting the possession of open
containers of alcoholic beverages by persons on public premises with
the intent to consume the contents of same, except as permitted herein.
B.
NONRECLOSABLE OPEN CONTAINERS
OPEN CONTAINERS
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any open bottle, can or container containing liquor, beer,
wine or other alcoholic beverage, as the same is defined by the Alcoholic
Beverage Control Law of the State of New York, which cannot be reclosed
once it has been opened, such as but not limited to pop-top-type cans,
the nonreclosable nature of which shall be presumptive evidence that
the person possessing such an open container does so with the intent
to consume the contents of same.
Any open bottle, can or container containing liquor, beer,
wine or other alcoholic beverage, as the same is defined by the Alcoholic
Beverage Control Law of the State of New York.
C.
Open containers prohibited.
(1)
No person shall possess, carry or transport any open container, as defined herein by § 57-4B of the Village Code, with the intent to consume the contents of same, nor shall any person consume the contents of same while such person is in or upon any public highway, public street, public sidewalk, parking, area, public park, recreation area, building or any other public area, or in any vehicle in or upon any of the aforementioned places, except as permitted by § 57-4E herein of the Village Code or in those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
D.
Nonreclosable open containers prohibited.
(1)
No person shall possess, carry or transport any nonreclosable open container, as defined herein by § 57-4B of the Village Code, the nonreclosable nature of which shall be presumptive evidence of the intent to consume the contents of same, nor shall any person consume the contents of same while such person is in or upon any public highway, public street, public sidewalk, parking area, public park, recreation area, building or any public area, or in any vehicle in or upon any of the aforementioned places, except as permitted by § 57-4E herein of the Village Code or in those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
E.
Exemptions. This chapter shall not apply to individuals or organizations
desiring to distribute or consume alcoholic beverages in public places,
provided that written permission is obtained in advance from the Village
Board of the Village of Huntington Bay. Such permission may be conditioned
upon such terms as the Village Board in its discretion may impose.
F.
Severability. Should any subdivision or section of this provision
be judicially declared unconstitutional or invalid, such decision
shall not affect or impair the validity of this section as a whole
or any part thereof other than the particular division so declared
to be unconstitutional or invalid.
A.
No person shall enter, intrude or trespass upon any lot or premises
within the Incorporated Village of Huntington Bay without authority
from the owner thereof.
B.
No person shall mar, deface, damage, destroy or remove any flowers,
plants, shrubs, trees, buildings or structures within the Incorporated
Village of Huntington Bay without authority from the owner thereof.
C.
No vehicle shall enter upon the property of any private club or private
beach association which issues identification stickers or guest passes
for vehicles without having such sticker or pass properly displayed.
D.
Nothing herein contained shall limit the rights of the Board of Trustees
or the duly authorized agent thereof to enter any building or enter
upon any land at any reasonable hour as necessary in the execution
of its duty, and no person shall interfere with or prevent such entry.
[Amended 1-12-2004 by L.L. No. 1-2004]
A.
No person shall swim or bathe in that portion of Huntington Bay,
Northport Bay or Huntington Harbor within the jurisdiction of the
Incorporated Village of Huntington Bay unless covered with attire
suitable for bathing so as to prevent any indecent or improper exposure
of the person, nor shall any person dress or undress in any place
exposed to view.
B.
No person shall bury, dump, empty or throw, nor permit to be buried,
dumped, emptied or thrown, any garbage, sewage, rubbish or refuse
of any kind on the shores or into the waters of Huntington Bay, Northport
Bay or Huntington Harbor which border lands in the Incorporated Village
of Huntington Bay, or into any pond or stream within the limits of
said Village.
C.
No person shall throw, cast, lay or deposit a glass bottle or part
thereof, a piece of crockery or any glass or glassware, tin or tinware
or any other metal or substance likely to injure any person on any
beach or other part of the waterfront in the Incorporated Village
of Huntington Bay.
D.
No person shall camp on public beaches or other public property in
the Incorporated Village of Huntington Bay without permission of the
Mayor or Police Chief. No person shall camp on private beaches or
property without permission of the property owner and only in conformance
with other applicable laws. For the purpose of this section, "camping"
shall be defined to include but not be limited to the use of any vehicle
or tent for the purpose of sleeping after sundown and sleeping on
beaches or other land after sundown.
E.
No person shall be permitted to remove sand or stone from the shoreline
of Huntington Bay.
F.
No person shall be permitted to ride on any beach in the Village,
except police, emergency or maintenance vehicles. For the purpose
of this chapter, a "vehicle" shall be defined as any self-propelled
transportation device mounted on tracks, treads or wheels or any number
or combination thereof.
[Amended 1-14-2002 by L.L. No. 2-2002; 4-24-2017 by L.L. No. 7-2017]
Unless provided for elsewhere in this chapter, each offense
against the provisions of this chapter or article shall constitute
a violation pursuant to the Penal Law of the State of New York and
shall be punishable as such. Any person or persons violating any provisions
of this chapter or article shall be liable for and shall be punished
by a fine of not less than $100 and not more than $350 for a conviction
on a first offense; by a fine of not less than $250 and not more than
$750 or by imprisonment not in excess of 15 days, or both, for a conviction
on a second offense both of which were committed within a period of
five years; and by a fine not less than $750 and not more $1,500 or
by imprisonment not in excess of 30 days, or both, for a conviction
of a third or succeeding offense all of which were committed within
a period of five years.
[Added 1-14-2002 by L.L. No. 2-2002]
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances,
and the Board of Trustees of the Incorporated Village of Huntington
Bay hereby declares that it would have passed this chapter or the
remainder thereof had such invalid application or invalid provision
been apparent.
