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Town of Riverhead, NY
Suffolk County
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Table of Contents
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New Laws (1) Index
[HISTORY: Adopted by the Town Board of the Town of Riverhead 7-1-2008 by L.L. No. 21-2008 (Ch. 107A of the 1976 Code). Amendments noted where applicable.]
[Amended 4-4-2023 by L.L. No. 7-2023]
The intent of this chapter is to decrease quality-of-life violations within the Town's Business Improvement District and Downtown Riverfront Overlay District by creating zero tolerance zones such that these urban renewal areas will become more desirable for residents, business owners, and shoppers and, in turn, eliminate blight. Although Riverhead's downtown has seen the beginnings of a new vibrancy in recent years with the new mixed-use commercial and affordable/workforce residential developments, construction of a world-class aquarium and Hyatt Conference Center and Hotel, the reopening of the Suffolk Theater, a healthy arts council, the new Preston House & Hotel and restaurant, as well as numerous popular restaurants and businesses, there are still blighted and underutilized properties flanking these improvements, along with many other obstacles to overcome to realize full revitalization. The Town Board of the Town of Riverhead recognizes that certain personal conduct, such as aggressive panhandling, loitering, consumption of alcohol and use of marijuana and other drugs in public spaces, public urination and other similar conduct, is inconsistent with the family-friendly environment that the Town residents wish to encourage. Accordingly, the Town Board has determined that expanding the existing zero tolerance zone established by this chapter to include the Downtown Riverfront Overlay District will promote the public welfare, enhance the implementation of specific area studies, and promote the goals and objectives of the Comprehensive Plan, with the goal of creating a walkable, safe, livable, clean, educationally enhancing, culturally vibrant, economically revitalizing and family- and tourist-friendly downtown district.
The following areas are hereby designated to be zero tolerance zones within the Town of Riverhead:
A. 
The entirety of the Business Improvement District.
B. 
The entirety of the Downtown Riverfront Overlay District.
[Added 4-4-2023 by L.L. No. 7-2023]
[Amended 4-4-2023 by L.L. No. 7-2023]
The fines and/or penalties for violations of the following chapters of the Town Code of the Town of Riverhead shall be doubled in the zero tolerance zones:
Chapter No.
Chapter Title
207, Art. I
Dogs and Domestic/Farm Animals
213
Bicycles
245, Art. I
Littering
245, Art. II
Graffiti
247
Loitering
251, Art. I
Noise
257, Art, I
Peddling and Soliciting
[Added 4-4-2023 by L.L. No. 7-2023[1]]
A. 
The Town Board finds that it is critical to the general welfare of the citizens and residents of the Town to protect and preserve the public safety of pedestrians and to ensure the safe and efficient movement of pedestrian and vehicular traffic in public places. The Town Board further finds that public places, as defined in this chapter, serve the primary purpose of enabling pedestrian and vehicular traffic to safely and efficiently move about from place to place and that public places in the urban core have become increasingly congested and should be maintained to serve their primary purpose. Riverhead, as well as other towns in New York, have experienced an increase in the number of incidents of aggressive solicitation by individuals toward pedestrians. The Town Board finds that aggressive acts associated with solicitation tend to interfere with the free flow of pedestrian and vehicular traffic and intimidate persons in public places and can lead to disruption and disorder in public places. Aggressive acts can also cause persons to avoid public places and lead to declining patronage of commercial establishments and tourism. The Town Board finds that pedestrian interference in public places and other offenses antithetical to the creation and maintenance of vibrant, accessible and attractive public spaces are inconsistent with the primary purpose of such public places and spaces and threaten public health, safety and welfare. Accordingly, the Town has a special and compelling interest in protecting its citizens and guests from threatening, intimidating or harassing behavior caused by aggressive solicitations and other indecent and/or offensive conduct and in preserving the quality of life within the urban center identified herein, in preserving public places where all of the community can interact in a peaceful manner and in protecting and preserving the public health, safety and welfare.
B. 
It is the intent of the Town Board that homeless individuals subject to enforcement under this chapter be directed to emergency shelters, community/drug/mental health rehabilitation centers, or other interventional services.
[1]
Editor's Note: This local law also renumbered former § 297-4 as § 297-7.
[Added 4-4-2023 by L.L. No. 7-2023]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AGGRESSIVE SOLICITATION
To solicit anything of value and intentionally engage in conduct that would likely intimidate a reasonable person, including but not limited to touching, following and persistently soliciting anything of value after being refused either verbally or nonverbally. Using violent or threatening language or gestures or taking similar actions for the purpose of inducing another person into giving anything of value, regardless of the solicitor's purpose.
ENTER
To cross the vertical plane of the edge of a prohibited roadway, which includes crossing the vertical plane of the roadway by any part of a person's body or any extension thereof or by use of any device used to extend a person's ability to reach into the roadway.
INTIMIDATE
To engage in conduct which would make a reasonable person fearful of imminent harm to his person or property or feel threatened.
KNOWN UNLAWFUL DRUG USER
A person who, within the knowledge of the arresting officer, has been convicted in any court within this state, including a juvenile court, of any violation involving the use, possession or sale of any of the substances referred to in Article 220 of Title M of the New York State Penal Law; or of any violation of any substantially similar laws of any political subdivision of this state or any other state; or displays physical characteristics of drug intoxication or usage, such as "needle tracks"; or possesses drug paraphernalia as defined in Article 220 of Title M of the New York State Penal Law; or the person has, within the knowledge of the arresting officer, used, possessed or sold any controlled substance in violation of any of the provisions of Article 220 of Title M of the New York State Penal Law, regardless of whether the person was arrested for such use, possession or sale; or the person is currently subject to an order prohibiting his presence in a high drug activity geographic area and/or the area involved is, by public repute, known to be an area of unlawful drug use and trafficking; the person is observed at a location known to have been reported to law enforcement as a place suspected of drug activity pursuant to Article 220 of Title M of the New York State Penal Law; the person behaves in such a manner as to raise a reasonable suspicion that he is about to engage in, or is then engaged in, an unlawful drug-related activity, including, by way of example only, acting as "lookout"; the person is identified by the officer as a member of an association, group, organization or gang which has illegal drug activity as one it its significant characteristics, history or purpose; the person transfers small objects or packages for currency in a furtive fashion; the person takes flight upon the appearance of a police officer; the person manifestly endeavors to conceal himself or any object which reasonably could be involved in an unlawful drug-related activity; the person refuses to identify himself upon request of an identified police officer.
LEWD ACT
The touching, caressing or fondling of the genitals or breast(s) of oneself or another; sexual intercourse; or masturbation.
OBSTRUCTION OF PEDESTRIAN TRAFFIC
To intentionally walk, stand, sit, lie, or place an object in such manner as to obstruct or impede, or a person of ordinary sensibilities would conclude it tends to obstruct or impede, the free passage of pedestrians through the area; or that requires, or would require, evasive action by a pedestrian to avoid physical contact.
OBSTRUCTION OF VEHICULAR TRAFFIC
To solicit from the occupants of any vehicle and be physically present within or subsequently enter a prohibited roadway; or to intentionally engage in any conduct that would obstruct or impede the free flow of vehicular traffic on any public roadways, sidewalks, or in a driveway located in the public right-of-way.
PROHIBITED ROADWAY
All vehicular routes located within the boundaries of zoning districts herein and shall include: any portion of a road traveled by vehicles; paved shoulders, sidewalks and bike lanes; medians, which may be denoted by a physical barrier or solid yellow pavement markings; both sides of the road. All sidewalks and curbs shall be excluded.
PUBLIC PLACE
An area generally open to the public and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including those that serve food or drink or provide entertainment, and the doors and entrances to buildings or dwellings and the grounds enclosing them.
SOLICIT
To ask, beg, or plead, whether orally, nonverbally or in a written or printed manner, for the purpose of immediately receiving contributions, alms, charity, or gifts of items of value for oneself or another person; or to either orally, nonverbally or in a written or printed manner sell or offer for immediate sale goods, services or publications; or to distribute without remuneration goods, services, or publications.
B. 
Aggressive solicitation prohibited.
(1) 
No person shall aggressively solicit another person or business within the zero tolerance zones.
(2) 
Aggressive solicitation within the zero tolerance zones shall be a violation punishable by a fine not to exceed $500 and/or a term of incarceration not to exceed 15 days upon conviction or entry of a plea of guilty.
C. 
Obstruction of pedestrian traffic prohibited.
(1) 
No person shall obstruct pedestrian traffic within the zero tolerance zones.
(2) 
If the impediment or obstruction is caused by the size of a particular group of persons, all persons within the group are equally subject to this subsection.
(3) 
Acts committed as a valid exercise of one's constitutional rights which incidentally interfere with pedestrian traffic in order to exercise that right or acts authorized by a special events permit do not constitute obstruction of pedestrian traffic.
(4) 
No person shall be subject to enforcement under this subsection unless the person engages in conduct prohibited by this subsection after having been notified by a law enforcement officer that the conduct violates this subsection and has been given a reasonable amount of time to comply or has refused to comply. If the individual fails to comply in a reasonable time or engages in prohibited conduct in another location within the designated zero tolerance zone, a law enforcement officer may enforce this subsection.
(5) 
Obstruction of pedestrian traffic within the zero tolerance zones shall be a violation punishable by a fine not to exceed $500 and/or a term of incarceration not to exceed 15 days upon conviction or entry of a plea of guilty.
D. 
Obstruction of vehicular traffic prohibited.
(1) 
No person shall obstruct vehicular traffic within the zero tolerance zones.
(2) 
Exceptions: a person summoning aid in an emergency situation or upon solicitation from the occupant of a vehicle that is legally parked.
(3) 
Obstruction of vehicular traffic within the zero tolerance zones shall be a violation punishable by a fine not to exceed $500 and/or a term of incarceration not to exceed 15 days upon conviction or entry of a plea of guilty.
E. 
Sitting, lying, sleeping on sidewalks prohibited.
(1) 
No person may sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, at any time within the zero tolerance zones.
(2) 
At all times it shall be unlawful to sit or lie on any drinking fountain, trash container, planter, bicycle rack, fence, or any other sidewalk fixture not designed primarily for the purpose of sitting, and it shall further be unlawful to lie, sleep, or stand on public benches located on public sidewalks or within benches located in parks within the zero tolerance zones.
(3) 
At all times it shall be unlawful to sit or lie in any entrance to or exit from any building, or vestibule thereof, or parking lot, or on any loading dock.
(4) 
No person shall be subject to enforcement under this subsection unless the person engages in conduct prohibited by this subsection after having been notified by a law enforcement officer that the conduct violates this subsection and has been given a reasonable amount of time to comply or has refused to comply. If the individual fails to comply in a reasonable time or engages in prohibited conduct in another location within the designated zero tolerance zone, a law enforcement officer may enforce this subsection.
(5) 
Exceptions: sitting or lying down due to a medical emergency or due to a sensory, mental, or physical disability; a person who, as the result of a sensory, mental, or physical disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk; operating or patronizing a business with permission to occupy the sidewalk; participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a special event or other applicable permit; sitting on a chair or bench supplied by a public agency or by the abutting private property owner pursuant to the appropriate permit or license; sitting within a bus stop zone while waiting for public or private transportation; sitting on a privately owned sidewalk fixture with the permission of the owner; engaging in constitutionally protected expressive activities which would otherwise be restricted by the limitations in Subsection E(1) above; sitting at a restaurant table for the purpose of dining at an establishment holding a valid outdoor dining permit pursuant to § 253-1.
(6) 
Sitting, lying, sleeping on sidewalks within the zero tolerance zones shall be a violation punishable by a fine not to exceed $500 and/or a term of incarceration not to exceed 15 days upon conviction or a plea of guilty.
F. 
Loitering for the purpose of engaging in drug-related and/or prostitution-related activity prohibited.
(1) 
No person or known unlawful drug user shall loiter in or near any thoroughfare, park, or any place open to the public within the zero tolerance zones in a manner and under circumstances manifesting a purpose to engage in drug- and/or prostitution-related activity contrary to any of the provisions of Article 220 or 230 of Title M of the New York State Penal Law.
(2) 
No arrest may be made under this subsection unless the arresting officer first affords the subject an opportunity to explain such conduct. It is a defense under this subsection that the explanation given was true and disclosed a lawful purpose.
(3) 
In determining whether a person is manifesting a purpose to engage in drug- or prostitution-related activity contrary to any of the provisions of Articles 220 and/or 230 of Title M of the New York State Penal Law, the cumulative knowledge of all officers involved may be considered by the arresting officer.
(4) 
Loitering for the purpose of engaging in drug-related and/or prostitution-related activity within the zero tolerance zones shall be a Class B misdemeanor punishable by a fine not to exceed $2,500 and/or a term of incarceration not to exceed 90 days upon conviction or a plea of guilty.
G. 
Smoking or vaping prohibited.
(1) 
No person shall smoke cigarettes, cigars or vape or smoke through any other mechanism tobacco or cannabis products or any other controlled substance as defined in Article 220, Title M, of the New York State Penal Law on any public roadway, sidewalk or parking area located within the zero tolerance zones.
(2) 
No person shall dispose of cigarette butts or other smoking-related materials or waste other than in a dedicated receptacle for same.
(3) 
Smoking or vaping within the zero tolerance zones shall be a violation punishable by a fine not to exceed $500 and/or a term of incarceration not to exceed 15 days upon conviction or a plea of guilty.
H. 
Lewd acts prohibited.
(1) 
It shall be unlawful for a person to intentionally perform any lewd act in a public place or at a place under circumstances where such act could be observed by any member of the public.
(2) 
This subsection shall be not applicable to classes, seminars, and lectures held for serious scientific, cultural or educational purposes; expressive conduct such as exhibits, performances or dances that are not obscene, subject to time, place and manner restrictions; or the exposure of a female breast while nursing an infant or expressing breast milk.
(3) 
Lewd acts within the zero tolerance zones shall be a Class B misdemeanor punishable by a fine not to exceed $1,000 and/or a term of incarceration not to exceed 90 days upon conviction or a plea of guilty.
I. 
Trash can interference and rummaging prohibited.
(1) 
No person, firm or individual shall in any way take or remove any item whatsoever from rubbish placed in a trash container, trash receptacle, garbage can or dumpster located within the zero tolerance zones, nor shall any person remove, take away, carry away, rummage through, knock down, move, displace, upset, rearrange, separate or in any other way interfere or disrupt the containers, trash cans, or other receptacles used for the collection and removal of rubbish by the Town or by businesses located within the zero tolerance zones.
(2) 
No person shall remove coins from any public or private fountain or water feature.
(3) 
Trash can interference and rummaging within the zero tolerance zones shall be a violation punishable by a fine not to exceed $500 and/or a term of incarceration not to exceed 15 days upon conviction or a plea of guilty.
[Added 4-4-2023 by L.L. No. 7-2023]
If any clause, sentence, paragraph, section or subsection, or any other part of this chapter or application thereof to any person or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph, section or subsection, or part thereof, and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.
[Amended 4-4-2023 by L.L. No. 7-2023]
This chapter shall become effective following its filing in the office of the Secretary of State.