[HISTORY: Adopted by the Board of Trustees
of the Village of Ocean Beach as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-21-1951 as
Article I of the 1951 Code of Ordinances]
[Amended 9-21-1996 by L.L. No. 11-1996]
A.
Riotous conduct prohibited. No person shall indulge
in noisy or riotous conduct or take part in or join or aid or abet
in riotous assemblages or unnecessary or disorderly crowds in the
the Village of Ocean Beach, disturbing the peace and quiet of the
village or any meeting or assembly therein, or idly congregate or
loiter on public walks or roads or in public places adjacent thereto
so as to impede traffic or annoy passers-by.
B.
Disorderly conduct prohibited. A person is guilty
of disorderly conduct when, with intent to cause public inconvenience,
annoyance or alarm, or recklessly creating a risk thereof, he or she:
(1)
Engages in fighting or in violent, tumultuous or threatening
behavior.
(2)
Makes unreasonable noise.
(3)
In a public place, uses abusive or obscene language
or makes an obscene gesture.
(4)
Without lawful authority, disturbs any lawful assembly
or meeting of persons.
(5)
Obstructs vehicular or pedestrian traffic.
(6)
Congregates with other persons in a public place and
refuses to comply with lawful order of the police to disperse.
(7)
Creates a hazardous or physically offensive condition
by any act which serves no legitimate purpose.
C.
Defecating
or urinating in public places.
[Added 4-9-2011 by L.L. No. 1-2011[1]]
(1)
It
shall be unlawful for any person to defecate or urinate outside of
designated sanitary facilities, upon any walkway, boardwalk, dock,
park beach, playground, or other public area within the Village, or
upon any private property in open view of the public, or in the halls,
or stairways of public or commercial buildings.
[1]
Editor's Note: This local law also changed the title of this
section from "Riotous and disorderly conduct prohibited" to "Riotous
conduct, disorderly conduct and defecating or urinating in public
prohibited."
[Amended 8-30-1958; 8-24-1963; 12-12-1981 by L.L. No. 12-1981]
A.
No person shall solicit funds or subscriptions for
any purpose whatever within the limits of the Village of Ocean Beach
without having first obtained written permission of the Mayor or the
Board of Trustees.
B.
No person shall solicit orders for merchandise or
services for any purpose whatever, nor peddle merchandise within the
district zoned for residence in the Village of Ocean Beach.
No person shall use profane, vulgar or indecent
language or conversation upon the walks or roads, beaches or public
places within the Village of Ocean Beach, nor indulge in vicious,
immoral or indecent conduct within said village.[1]
[Amended 8-24-1963; 5-2-1970; 12-12-1981 by L.L. No. 12-1981]
A.
It shall be unlawful for any female person to appear
in any public area or in any private area where she may be observed
by anybody in a public area clothed or costumed in such a manner that
the portion of her breast below the top of the areola is not covered
with a fully opaque covering or in such a manner that her genitals,
pubic area or buttocks are not covered with a fully opaque covering.
It shall be unlawful for any male person to appear in any public area
or in any private area where he may be observed by anybody in a public
area clothed or costumed in such a manner that his genitals, pubic
area or buttocks are not covered with a fully opaque covering.
B.
No man shall appear on the public walks or in any
public place or in any store or public building in the Business District,
as established in the Zoning Ordinance of the Village of Ocean Beach,[1] in topless bathing attire or any other article of clothing
unless the chest is also covered.
C.
No woman shall appear in the Business District, as
established in the Zoning Ordinance of the Village of Ocean Beach,
or in any store or public building in bathing attire, unless the bathing
attire is concealed from above the breasts to the thighs.
No person shall disrobe or dress for bathing
on any public beach or walk or road or among shrubbery or trees or
any place open and subject to public view in the Village of Ocean
Beach.
No person shall write, print or publish any
obscene or indecent writing, picture or print in the Village of Ocean
Beach; and no person shall deface any post, wall, fence, building,
walk or road or other surface with any obscene or indecent mark, writing,
picture or print.
[Amended 8-30-1958; 5-11-1996 by L.L. No. 6-1996; 6-10-2023 by L.L. No. 4-2023]
No person shall engage in ballplaying, frisbee
throwing, any game of catch of any nature or the flying of kites on
any of the beaches in the Village of Ocean Beach, or immediately adjacent
to the Village of Ocean Beach, within a distance of 1,500 feet, except
on the oceanfront beaches of the Village of Ocean Beach between the
hours of 7:00 p.m and 8:00 a.m. No person shall otherwise so engage
in ballplaying, frisbee throwing, any game of catch of any nature
or the flying of kites or any act of amusement on the beaches or roads
or public places within said village so as to annoy, interfere with
or endanger persons or property on said walks or roads, beaches or
public places, except in any places so designated by the Village for
such activities.
[Added 8-30-1958]
No person shall swim in the waters located within
1,500 feet south of the Village of Ocean Beach, except in such areas
as may be designated by lifeguards duly appointed by the the Village
of Ocean Beach.
No person shall coast on, coast down or walk
on or up or down the sand dunes or bluffs on the ocean front within
the Village of Ocean Beach.[1]
[1]
Editor's Note: Original Sections 8, 9 and 10, which immediately followed this section and pertained to penalties for offenses, maintenance of disorderly houses and the operation of aircraft over the Village of Ocean Beach, were repealed 12-12-1981 by L.L. No. 15-1981. For general provisions, see Ch. 1, Penalties, Art. II.
[Added 12-12-1981 by L.L. No. 12-1981]
The use within the village of air rifles, so-called
atom guns or any gun or rifle or other instrument operated by air
compression or means other than explosives to propel bullets or other
missiles (the use of firearms being elsewhere prohibited by this Code)
or slingshots is hereby prohibited. Any violation of this section
shall constitute disorderly conduct; and any person violating the
same shall be a disorderly person and, upon conviction therefor, shall
be punished by a fine of not more than $250 for each offense.
[Added 3-14-1981 by L.L. No. 1-1981]
As used in this article, the following terms
shall have the meanings indicated:
Any mechanically operated machine, apparatus, contrivance
or device, the design or purpose of which is to simulate or copy the
movements of a bucking steer, bull or other animal, whether the same
has been constructed in the shape, form and likeness of a steer, bull
or other animal, upon which a person or persons is seated as a rider
and which machine, apparatus, contrivance or device is operated or
operates in a vibrating, pulsating, jerking, bucking or similar fashion
in order to or in an attempt to dislodge, unseat and expel the rider.
[Added 3-14-81 by L.L. No. 1-1981]
A.
No mechanical bucking device shall be installed or
operated in any restaurant, eating or drinking establishment, discotheque,
cabaret, tavern, bar and grill or similar business which is open to
and serves the public or in any other place open to the public.
B.
Any violation of this section shall constitute disorderly
conduct; and any person, firm or corporation violating the same shall
be deemed a disorderly person and, upon conviction therefor, shall
be punished by a fine of not more than $250 for each offense.
[Added 11-12-83 by L.L. No. 11-1983; amended 7-13-2019 by L.L. No. 03-2019; 6-10-2023 by L.L. No. 4-2023]
A.
No person shall make use of a tennis court, volleyball
court, or other ball-playing designated areas owned or leased by the
Village of Ocean Beach unless such person, prior to such use, shall
have prepaid any required fees for such use.
B.
A violation of this section shall be punishable by
a fine not less than $25 nor more than $500.
[Added 9-15-84 by L.L. No. 6-1984]
A.
Prohibited conduct.
(1)
It shall be unlawful in the Village of Ocean Beach
for any person to trespass or intrude or go upon any public or private
property, including any bulkhead, dock or marina. A person who enters
or remains upon unimproved and apparently unused land which is neither
fenced nor otherwise enclosed in a manner designed to exclude intruders
does so with license and privilege unless notice against trespass
is personally communicated to him by the owner of such land or other
authorized person or unless such notice is given by posting in a conspicuous
manner.
(2)
It shall be unlawful to pick any flowers, shrubs or
trees upon any public property or to mar or to deface any public building
or property.
(3)
No person shall intrude upon or remain upon any lot
or parcel of land within the Village of Ocean Beach without authority
from the owner thereof or erect or occupy thereon any hut, tent, shed
or other structure whatever without such authority.
B.
The failure by any person to exhibit written consent
to any property owner, peace officer or any public official or public
employee shall be presumptive evidence that such person has no consent
to be upon the property.
C.
This section shall not apply to a fire, police, peace
officer or authorized public official or public employee acting in
the course of public duties.
[Added 9-15-84 by L. L. No. 6-1984]
No person shall enter or go upon any public
land or public installation, facility or building, unless the same
shall, as an ordinary function, be open and accessible to the public,
without the consent of the Village Board or a village official or
village employee or other public official having charge of such land,
installation, facility or building.
[Added 9-15-84 by L.L. No. 6-1984]
It shall be unlawful for any person, firm or
corporation to place, erect or occupy, within the bounds of any public
street or public walkway in the Village of Ocean Beach, any structure
without authorization.
[Added 9-15-84 by L.L. No. 6-1984]
[1]
Editor's Note: This local law also amended the title of this
article, which was formerly Regulations of Smoking in Certain Public
Places.
As used in this article, the following terms, phrase, words,
and their derivatives shall have the meanings given:
The use, burning, inhaling, exhaling, vaping or other discharging
of any substance, including, but not limited to, tobacco, tobacco
substitutes, cannabis, cannabis-derived products, oils, herbs, fruits,
and spices and also carrying of any lighted or burning smoking device.
Any product or device used or intended to be used to facilitate
smoking, including, but not limited to, cigarettes, cigars, cigarillos,
pipes, pipe filler, water pipes, bongs, rolling papers, or similar
products.
Any public area conspicuously designated "Smoking Permitted"
by a sign, receptacle, or otherwise, where smoking of legal substances
are permitted.
A.
It shall be a violation of this chapter for any person to smoke at
the following locations within the Village of Ocean Beach:
(1)
A Village-owned, -leased, -operated, or -maintained beach, recreational
area, park, and any adjacent waterfront area.
(2)
Any Village-owned, -leased, -operated, or -maintained property open
to the public, including but not limited to open spaces.
(3)
Public sidewalks and rights-of-way within the Village.
(4)
Any area within a fifty-foot radius of all entrances to any of the areas listed in § 123-19A(1), (2) and (3).
Any person who commits or permits any act in violation of § 123-19 of this article shall be deemed to have committed an offense against this article and shall be liable for such violation and the penalty therefor and shall, upon final judgment thereof, be subject to a fine or penalty of not less than $25 and not more than $500.
If any clause, paragraph, subdivision, section or part of this
article or the application thereof to any person, individual, corporation,
firm, partnership, entity, or circumstance shall be adjudged by any
court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
