[HISTORY: Adopted by the Town Board of the Town of Montour 9-12-1989 by L.L. No. 2-1989 . Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 58.
The Town Board of the Town of Montour recognizes that offenses
against the public order within public places and areas in the Town
of Montour must be adequately controlled and regulated so as to prevent
conditions and situations which are detrimental to the health, safety
and welfare of the residents of the Town of Montour.
As used in this chapter, the following terms shall have the
meanings indicated:
A place to which the public or a substantial group of persons
has access, and includes, but is not limited to, highways, transportation
facilities, schools, places of amusement, parks, playgrounds and hallways,
lobbies and other portions of apartment houses and hotels not constituting
rooms or apartments designed for actual residence.
Any conveyance, premises or place used for or in connection
with public passenger transportation, whether by air, railroad, motor
vehicle or any other method. It includes aircraft, watercraft, railroad
cars, buses, and air, boat, railroad and bus terminals and stations
and all appurtenances thereto.
A.
A person is guilty of unlawful assembly when he assembles with two
or more other persons for the purpose of engaging or preparing to
engage with them in tumultuous or violent conduct likely to cause
public alarm, or when, being present at an assembly which either has
or develops such purpose, the person remains there with intent to
advance that purpose.
B.
A person is guilty of disruption or disturbance of religious service
when that person makes unreasonable noise or disturbance while at
a lawfully assembled religious service or within 100 feet thereof,
with intent to cause annoyance or alarm or recklessly creating a risk
thereof.
C.
A person is guilty of loitering when he:
(1)
Loiters, remains, or wanders about in a public place for the purpose
of begging; or
(2)
Loiters or remains in a public place for the purpose of gambling
with cards, dice or other gambling paraphernalia; or
(3)
Loiters or remains in a public place for the purpose of engaging,
or soliciting another person to engage, in deviate sexual intercourse
or other sexual behavior of a deviate nature; or
(4)
Being masked or in any manner disguised by unusual or unnatural attire
or facial alteration, loiters, remains or congregates in a public
place with other person so masked or disguised, or knowingly permits
or aids persons so masked or disguised to congregate in a public place;
except that such conduct is not unlawful when it occurs in connection
with a masquerade party or like entertainment if, when such entertainment
is held in a city which has promulgated regulations in connection
with such affairs, permission is first obtained from the police or
other appropriate authorities; or
(5)
Loiters or remains in or about a school or grounds, not having any
reason or relationship involving custody of or responsibility for
a pupil or student, or any other specific, legitimate reason for being
there, and not having written permission from anyone authorized to
grant the same; or
(6)
Loiters, remains or wanders in or about a place without apparent
reason and under circumstances which justify suspicion that he may
be engaged or about to engage in crime, and, upon inquiry by a peace
officer, refuses to identify himself or fails to give a reasonably
credible account of his conduct and purposes.
D.
A person is guilty of appearance in public under the influence of
narcotics, drugs or alcohol when that person appears in a public place
under the influence of narcotics, drugs or alcohol to the degree that
he may endanger himself or other persons or property, or any persons
in his vicinity.
Violations of this chapter shall constitute a violation as defined
in the Penal Law of the State of New York.
The penalties for violation of this chapter shall be a fine
not exceeding $250 or by imprisonment for up to 15 days in jail, or
both. Any person committing an offense against any provision of this
chapter shall be punishable by fine or imprisonment, or both. Each
separate violation shall constitute a separate additional offense.
