[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay as Ch. 18, Art. II, of the 1971 Code. Amendments noted where applicable.]
A.Â
It shall be unlawful in the town, outside of any incorporated village,
for any person other than the owner to intrude, trespass or go upon
any public or private property, including any bulkhead, jetty or rock
wall, which property or properties have been posted as provided in
this chapter, without the written consent of the owner of the private
property or a public official having charge of any public property;
it shall also be unlawful to pick any flowers, shrubs or trees upon
any public or private property or mar or deface any public or private
building.
B.Â
Whether or not property shall have been posted, as provided in this
chapter, no person shall enter or go upon any land owned by the town
for the purpose of occupying the property or erecting any structure
thereon or for removing from such lands any soil, topsoil, sand or
gravel, nor shall any person occupy town lands or erect any structure
thereon or remove therefrom any soil, topsoil, sand or gravel without
having first obtained the consent of the Town Board and without complying
in all respects with the conditions, if any, upon which such consent
shall be granted, but nothing contained in this section shall be deemed
to prevent any resident of the town from using any town park or waters
for ordinary bathing, boating, fishing or other public recreational
purposes.
The failure of any person to exhibit a written consent required
by this chapter to any peace officer or any town official or employee
shall be presumptive evidence that the person has no consent or permission
to be upon the property.
Notices or signboards required by this chapter to be posted
shall state "No Trespassing" and shall be not less than 14 inches
high by 24 inches wide and have letters not less than four inches
high. On any plot or parcel of land having less than 200 feet street
frontage, the posting of one such sign shall be sufficient compliance
with this chapter; on all other plots or parcels, notices shall be
so placed that when in position each notice or signboard shall not
be separated for a distance between signs greater than 200 feet.
[Added 10-4-1994]
Any person committing an offense against this chapter or any
provision or section thereof shall be guilty of a violation punishable
by a fine not to exceed $250 or imprisonment not to exceed five days
for each such offense, or by both such fine and imprisonment for a
first conviction, and, upon conviction of a second or subsequent offense
within five years of a conviction of a previous offense herein, shall
be guilty of a violation punishable by a fine of not less than $250
or imprisonment not to exceed 15 days, or by both such fine and imprisonment.
