Chapter 60
PEACE AND GOOD ORDER
[HISTORY: Adopted by the Town Board of the Town of Kinderhook: Art. I, 8-13-1979 as Ord. No. 1-79; Art II, 7-14-1986 as L.L. No. 3-1986. Amendments noted where applicable.]
ARTICLE I
Consumption and Possession of Alcoholic Beverages
[Adopted 8-13-1979 as Ord. No. 1-79]
~ 60-1. Consumption of alcoholic beverages in public.
No person shall drink, imbibe or consume any alcoholic beverage on any public sidewalk or street, alley or roadway, park, playground or parking lot within the Town of Kinderhook.
~ 60-2. Consumption of alcoholic beverages in vehicles.
No person shall drink, imbibe or consume any alcoholic beverage in any vehicle on any public street, alley or roadway, park, playground or parking lot within the Town of Kinderhook.
~ 60-3. Discarding containers in public places.
No person shall throw or discard any bottle, can or container, empty or otherwise, onto any public street, alley or roadway, park, playground or parking lot within the Town of Kinderhook.
~ 60-4. Possession of open containers in public.
No person shall have in his possession any open bottle or container with liquor, beer, wine or other alcoholic beverages contained therein while such person is on a public highway, public street, public park, public recreation area or in any vehicle or public place except those premises for which a permit has been issued or those premises duly licensed for sale and consumption of alcoholic beverages on the premises.
~ 60-5. Discarding containers from vehicles.
No person shall throw or discard any bottle, can or container, empty or otherwise, onto any public street, alley or roadway, park, playground or parking lot within the Town of Kinderhook.
~ 60-6. Penalties for offenses.
Any person committing an offense against any provision of this Article shall be guilty of a violation punishable by imprisonment for a term not exceeding fifteen (15) days or by a fine not exceeding two hundred fifty dollars ($250.), or by both such fine and imprisonment. The continuation of an offense
against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
ARTICLE II
Prohibited Conduct
[Adopted 7-14-1986 as L.L. No. 3-1986]
~ 60-7. Disturbing meetings.
No person shall, in any manner whatever, disturb, molest or interrupt or aid in disturbing, molesting or interrupting any persons composing or belonging to any lawful meeting, congregation, collection or gathering of persons, school, society or association or while going to or returning from the same.
~ 60-8. Prohibited public conduct.
No persons shall unnecessarily congregate or loiter upon the sidewalks or street corners, and no person shall make any loud or improper noise or use indecent, vulgar or profane language or indecently expose his or her person or be intoxicated in or upon any street or highway, public place, church, store, place of business or courtroom in the town.
~ 60-9. Interfering with an officer.
No person shall hinder or interfere with any police constable or officer of the town in the lawful discharge of his duties as such officer.
~ 60-10. Penalties for offenses.
An offense against the provisions of this Article shall constitute a violation under the Penal Law and shall be punishable by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment for not more than fifteen (15) days, or both.
ARTICLE III
Halloween Curfew
~ 60-11. Statement of authority.
Chapter 61 The Town Board pursuant to the authority granted it under Section 10 of the Municipal Home Rule Law of the State of New York, hereby enacts as follows:
~ 60-12. Statement of purpose and finding.
The Town Board has determined that large numbers of minors and other have been congregating in the town after dark at Halloween time causing general disturbances to residents. In order to reduce juvenile crime, protect minors from improper influences and criminal activity that prevail after the curfew house, reinforce parental authority and to reduce damage to property, it is necessary hat a curfew be established to keep minors out of public areas after dark at Halloween time.
~ 60-13. Restrictions.
It shall be unlawful for any minor under the age of eighteen to remain in or upon any public street, highway, park, vacant lot or other public place between 8:00pm and 6 am, on October 30, October 31 and November 1.
~ 60-14. Exemptions.
The following shall constitute valid exceptions to the operation of the curfew.
A. At any time if the child is accompanied by his or her parents, legal guardian or other responsible person who is over the age of 21 and approved by the child’s parent or legal guardian.
B. Until the hour of 12:30 am, if the child is on an errand as directed by his or her parent or legal guardian.
C. If the child is legally employed, for the period from ½ hour after work while going directly between his or her home and place of employment. The exception shall also apply if the child is in a public place during curfew hours in the course of his or her employment. To come under this exception, the child must be carrying a written statement from the employer attesting to the place and hour of employment.
D. Until the hour of 12:30am if the child is on the property of or the sidewalk directly adjacent to the building in which he or she resides or the buildings immediately adjacent thereto if the owner of the adjacent building has not objected to the minor.
E. If the child is coming home from a school activity or an activity of a religious or other voluntary association or a place of public entertainment such as a movie, play or sporting event. This exception will apply for ½ hour after the completion of such event, but in no case beyond 12:20am. If the event is not commercial in nature or does not have a fixed, publicly known time at which it will end, the sponsoring organization must register the event with the New York State Police or the Columbia County Sheriff’s Department at lest 24 hour in advance, informing it of the time such event is scheduled to begin, the place at which it shall be held, the time at which it
shall end and the name of the sponsoring organization.
~ 60-15. Penalties for offenses.
A. A police officer who has probable cause to believe that a minor, under the age of 16, is in violation of this law shall contact the child’s parents or guardian immediately. If, after this contact there is still probable cause to believe that the child was violating this law, the child shall be held until the parent or guardian comes to take the child home. When the parent or guardian arrives, he or she must be given a copy of this law. If no parent or guardian has arrived within two houses, the child shall be turned over to the custody of the juvenile authorities until a parent or guardian can take custody of him or her.
B. In the case of the first violation by a minor under the age of 16, the police shall send the minor’s parent or legal guardians written notice of the violation, warning then that further violations will result in imposition of the penalty provided for in the law. In case of a second violation, the minor shall be dealt with in accordance with the NYS Family Court Act.
C. Any minor the age of 16 or over may be fined not more than two hundred fifty ($250.00) for each offense.
~ 60-16. Severability.
In the event that any word, phase or part of this article shall be declared unconstitutional, the same shall be severed and separated from the remainder of this article and shall not effect the remainder of said article which shall remain in full force and effect.
~ 60-17. Use of Fire Hydrants. {Added 5/19/06 by L.L. No. 2-2006}
No person, corporation, or other entity, except the
Water Superintendent of the Village of Valatie, New York or those acting under his/her direct supervision or with his permission, or the Chief, Assistants or Officers of the Niverville Fire Department, are permitted to open any fire plug or hydrant or to draw water therefrom. However, any fire-fighting company may draw water from the hydrants in the event of an emergency for fire-fighting purposes. All training and non-emergency use must be coordinated with the Water Superintendent of the Village of Valatie with notice in advance to the Water Superintendent. In each case, however, the Fire Chief of the fire-fighting company that draws the water will be responsible for the proper use of the fire hydrants and in no event shall an inexperienced or incompetent person be permitted to manipulate or control
them in any way.
~60-18. Penalties for Offense. {Added 5/19/06 by L.L. No. 2-2006}
A violation of this Article is hereby declared to be an offense punishable by a fine not exceeding one hundred dollars for the first offense; a minimum fine of three hundred for the second offense, and a minimum fine of one thousand dollars for the third offense. In addition, in the event that the water is drawn from a fire hydrant and the amount drawn can be reasonable ascertained, the violator shall be charged five times the highest usage rate per thousand gallons charged by the Village of Valatie. Violations of this Article shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
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