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VILLAGE OF CORINTH

PROPOSED LOCAL LAW RELATING TO LOITERING

A new Chapter 95 is hereby added to the Village Code, as follows:

CHAPTER 95
LOITERING

95-1 Intent. The Village Board of the Village of Corinth recognizes that loitering in public places must be adequately controlled so as to prevent public disorder, nuisances, littering and other acts and conditions detrimental to the health, safety and welfare of the residents of the Village, and this Chapter is enacted pursuant to the police power of the village, and pursuant to the Municipal Home Rule Law, in order to provide such control and regulation.

95-2. Definitions and word usage. As used herein, the following words shall have the meanings below set forth:
LOITER -- Means engaging in any of the following acts:
A. Obstruction of the free unhampered passage of pedestrians or vehicles on the public sidewalks or public streets of the Village.
B. Obstructing, molesting or interfering with any person lawfully upon any street, sidewalk, park or other public place in the Village.
C. Remaining in one location upon any street, sidewalk, park or other public place in the Village without being able to establish a legitimate purpose in so remaining or, by general conduct, exhibiting the absence of a lawful purpose in so remaining. In determining whether or not a legitimate or lawful purpose for remaining in such location has been established, consideration shall be given to the fact that the person refuses to identify himself or his purpose in being at such location. Unless flight by the person or other circumstances makes it impracticable, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to identify himself and to state the reason for his presence at such location. No person shall be convicted of an offense under this Chapter if the arresting officer fails to comply with this procedure or if it appears at trial that the explanation hereunder given by the accused is true and constitutes a valid reason for the person to be and remain at such location.
D. Refusal to move from a location upon any public street, sidewalk, park or other public place when requested to do so by a police officer, provided that such officer has exercised his discretion reasonably under the circumstances in order to preserve or promote public peace and order.

OTHER PUBLIC PLACE -- Includes the area in front of or adjacent to any store, shop, restaurant, luncheonette or other place of business, and shall include also any parking lots or other vacant property not owned by or under the dominion of the person charged with violation of this Chapter. Enforcement of this chapter as it relates to Other Public Places as herein defined shall be conditioned upon a request for such enforcement by the owner, lessee, tenant or agent of said Other Public Place sent by certified mail, return receipt requested, to the attention of the Saratoga County Sheriff, and notice of such request shall be posted conspicuously by the owner, lessee, tenant or agent thereof on such other public place. In addition to stating the name of the owner and a description of the property involved, the request shall include a certification stating that the provisions of this Chapter relating to posting of notice have been complied with.

95-3. Loitering prohibited.
A. It shall be unlawful for any person to loiter in or upon any street, sidewalk or lands of the Village of Corinth Other Public Place, or to obstruct the access to any public building or any part thereof or to obstruct passage through or upon any public street or park.
B. It shall be unlawful for any person to loiter in Other Public Place, as hereinbefore defined, if the owner thereof has posted a notice in such a place and in such a manner as is reasonably calculated to afford notice of the prohibition to all interested parties.

95-4. Penalties for offenses. Any person violating any provision of this chapter shall be guilty of a violation punishable as follows: By imprisonment for a term not exceeding 15 days or by a fine not exceeding $1,000., or by both such fine and imprisonment, for each such violation