[HISTORY: Adopted by the Board of Trustees of the Village
of Malone 5-14-2001 by L.L. No. 3-2001. Amendments noted where applicable.]
The Village Board of the Village of Malone finds that the exposure
of a person and the promoting of exposure of a person will cause physical
harm to persons, damage to property and create public nuisances within
the Village of Malone. The purpose of this chapter is to protect the
health, safety and wellbeing of persons and property by imposing restrictions
on the exposure of a person and the promotion of the exposure of a
person with the Village of Malone.
This chapter is enacted pursuant to the provisions of §§ 245.01
and 245.02, Article 245, Title N of the Penal Law of the State of
New York and § 10, Article 2 of the Municipal Home Rule
Law of the State of New York.
The title of this chapter shall be: "Law Prohibiting the Exposure
of a Person and Promoting the Exposure of a Person in the Village
of Malone."
As used in this chapter, the following words shall have the
following respective meanings:
That a person appears in a state of nudity where the person's
private, or intimate parts of the person's body are unclothed,
displayed and visible.
Male and female genitals. "Intimate parts" shall also mean
that portion of the breast of a female person which is below the top
of the areola.
The Municipal Home Rule Law of the State of New York in effect
as of the effective date of this chapter, as amended by this chapter,
and as amended thereafter.
The Penal Law of the State of New York in effect as of the
effective date of this chapter, as amended by this chapter, and as
amended thereafter.
Unless stated otherwise herein, a "person" shall mean both
female and male human beings.
Male and female genitals. Private parts of a female person
shall include that portion of the breast which is below the top of
the areola.
When a person either individually or in a partnership or
through a limited liability company or a corporation knowingly conducts,
maintains, owns, manages, operates or furnishes any public premise
or place where a person in a public place appears in such manner that
the private or intimate parts of the person's body are unclothed
or exposed, or a person either individually or in a partnership or
through a limited liability company or a corporation manages, organizes
or finances an event or happening where a person in a public place
appears in such manner that the private or intimate parts of the person's
body are unclothed or exposed.
Includes all outdoor places owned by or open to the general
public and all buildings and enclosed places owned by or open to the
general public, including such places of entertainment as taverns,
restaurants, clubs, theaters, dance halls, banquet halls, party rooms
or halls limited to specific members, restricted to adults or to patrons
invited to attend, whether or not an admission charge is levied.
The area within the corporate limits of the Village of Malone.
It shall be unlawful for any person to appear in a public place
exposed or to promote the exposure of a person in a public place.
This prohibition shall not apply to the breast-feeding of infants.
This chapter shall be enforced by the Code Enforcement Officials
of the Village of Malone.
Any Code Enforcement Official of the Village of Malone observing
a violation of this chapter in his or her presence shall issue and
serve an appearance ticket for such violation.
A.
Conviction of a violation of this chapter shall be deemed a violation
and punishable by up to 15 days' imprisonment in the Franklin
County prison or a fine of up to $250.
B.
Alternatively, or in addition to an action to recover the penalties provided by Subsection A, the Village Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of or to enforce any provision of this chapter, notwithstanding that a penalty or other punishment for such violation has otherwise been provided.
