Town of Babylon, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 9-15-1970 by L.L. No. 1-1970; amended in its entirety 4-18-2000 by L.L. No. 6-2000]

§ 165-2 Exposure of a person prohibited; exception.

A. 
Notwithstanding anything contained in Chapter 213, Article XXXI, of this Code to the contrary, a person is guilty of exposure if he or she appears in a public place, as defined in New York State Penal Code § 240.00, in such a manner that the private or intimate parts of his or her body, as defined in New York State Penal Code § 245.01, are unclothed or exposed.
B. 
This section shall not apply to the breastfeeding of infants.
C. 
This section shall apply to the exposure of a person, as herein defined, in a public place, at any time, whether or not such person is entertaining or performing in a play, exhibition, show or entertainment.

§ 165-3 Promoting exposure of a person.

A. 
Notwithstanding anything contained in Chapter 213, Article XXXI, of this Code to the contrary, a person is guilty of promoting the exposure of a person when he or she knowingly conducts, maintains, owns, manages, operates or furnishes any public premises or place where a person in a public place, as defined in New York State Penal Code § 240.00, appears in such a manner that the private or intimate parts of his or her body, as defined in New York State Penal Code § 245.02, are unclothed or exposed.
B. 
This section shall not apply to the breastfeeding of infants.
C. 
This section shall apply to the exposure of a person, as herein defined, in a public place, at any time, whether or not such person is entertaining or performing in a play, exhibition, show or entertainment.

§ 165-4 Public urination.

A person is guilty of public urination if, in a public place, as defined by New York State Penal Code § 240.00, he or she shall urinate other than in a urinal or toilet.

§ 165-4.1 Penalties for offenses.

[Amended 11-6-2008 by L.L. No. 28-2008]
Any person found guilty of violating this article shall be guilty of a Class B misdemeanor and, upon conviction thereof, a fine of not less than $250 nor more than $1,000 must be imposed or a term of imprisonment for a period not to exceed 90 days may be imposed, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, shall be guilty of a Class B misdemeanor and, upon conviction, a fine of not less than $1,000 nor more than $2,500 must be imposed or a term of imprisonment for a period not to exceed 90 days may be imposed, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, shall be guilty of a Class B misdemeanor and a fine of not less than $2,500 nor more than $5,000 must be imposed or a term of imprisonment for a period not to exceed 90 days may be imposed, or both.

§ 165-4.2 Severability.

If any clause, sentence, paragraph, subdivision, section or other part of this article shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, such judgment shall not affect, impair or invalidate the remainder of this article, and it shall be construed to have been the legislative intent to enact this article without such unconstitutional or invalid parts therein.