Town of
Hanover
Chautauqua County, NY
 Laws 

BREACHES OF THE PEACE, IMPROPER ASSEMBLY, LOUD NOISE AND OBSCENE LANGUAGE, AND UNLAWFUL DEPOSIT OF WASTE

No. 2 of 1985, No. 2 of 1983, No. 3 of 1967
Table Of Contents:
Overview:

Local Law to prohibit and/or regulate in a manner consistent with the health, welfare and safety of the citizens of this town breaches of the peace, improper assembly, unreasonably loud and disturbing noises, profane, vulgar and/or obscene language or conduct  and the improper deposit in any unsanitary manner on public or private property any human or animal excrement, garbage or other objectionable waste.

Body:

TOWN OF HANOVER LOCAL LAW NO. 2 OF 1983

 

A LOCAL LAW TO AMEND LOCAL LAW NO. 3 OF THE YEAR 1967 TO CONTROL BREACHES OF THE PEACE, IMPROPER ASSEMBLY, LOUD NOISE, AND OBSCENE LANGUANGE.


To amend the Local Law No.3 of the year 1967


WHEREAS the Town of Hanover Town Board desires to amend the local law No. 3 of the year 1967 and

NOW THEREFORE the town of Hanover Local Law No. 3 of 1967 shall be amended as follows:


ARTICLE III


Article III shall be amended to read as follows:


Section 4.  No person shall loiter about the public street walks or doorways of the businesses, stores, restaurants and or taverns catering to the public.

Section 5. Hours of curfew: No Person under or apparently under the age of eighteen (18) years shall be or remain in or upon any of the streets, sidewalks, alleys or public places in the Town of Hanover, New York between the hours 11:00 PM and 7:00 AM. Eastern Standard Time or Eastern Daylight Saving Time, as the case may be, unless accompanied by a parent, guardian or other person having legal custody or control of such minor person or whose employment or school activities make it necessary to be upon such streets, sidewalks, alleys or public places, or unless actually proceeding to a lawful definite destination without delay, during the nighttime between such specified hours; provided, however, that such exception shall not apply when the person under such age shall be playing or unnecessarily loitering in or upon any such street, sidewalk, alley, or public place.


ARTICLE VI

 

Article VI shall be amended to read a s follows;


Section 8.  This local law has been duly adopted by the Town Board of the Town of Hanover as its regular meeting of August 10, 1983 and shall take effect immediately.


LOCAL LAW NO. 3 OF THE YEAR 1967

 

-LOCAL LAW PROHIBITING BREACH OF PEACE, IMPROPER ASSEMBLY, LOUD NOISE, OBSCENE LANGUAGE


            Legislative intent: By adoption of this local law the Town Board of the Town of Hanover declares its intent to prohibit and/or regulate in a manner consistent with the health, welfare and safety of the citizens of this town breaches of the peace, improper assembly, unreasonably loud and disturbing noises, profane, vulgar and/or obscene language or conduct. Therefore, the Town Board in the exercise of its police power vested in it under Section 130 of the Town Law of the State of New York does hereby enact the following local law:


ARTICLE 1- LOUD NOISES PROHIBITED


            Section 1. No person shall cause or permit any unreasonably loud or disturbing talking, shouting, singing, music or other noise to be made either within or without any building in the Town of Hanover, at any time of such duration, character or intensity as to be disturbing to others wheresoever they may be.

            Section 2. All outdoor speakers or speakers directed outward through a door, window or other opening in a building shall be turned off at 11:00 P.M.


ARTICLE II- PROFANE, VULGAR, OBSCENE LANGUANGE


            Section 2. No person shall, with intent to provoke a breach of the peace, or whereby a breach of the peace may be caused, commit any of the following acts:

(a)    Use of offensive, disorderly, threatening, obscene or insulting language, conduct or behavior.

(b)   Act in such manner to annoy, disturb, interfere with, obstruct or be offensive to others.

(c)    Cause a crowd to collect by his actions except when lawfully addressing such crowds.

(d)   Interfere with any person or persons by jostling, crowding, or placing one’s hand in or near a person’s pocket, pocketbook or handbag.

(e)    Station himself on any public street or sidewalk for the purpose of soliciting alms unlawfully or annoying or insulting passers by.

(f)     Frequent or loiter about any public for the purpose of soliciting or commenting a crime against nature, prostitution or other immoral acts.

(g)    No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the limits of the Town of Hanover, or in any area under the jurisdiction of the Town of Hanover, any human or animal excrement, garbage, or other objectionable waste.


ARTICLE III- LOITERING OR RIOTUS ACTIONS PROHIBITED

 

           Section 3. No person shall take part in, join, aid or abet any riotous tumultuous crowds or assemblies on the public streets, walks or property adjacent thereto.

           Section 4. No person shall loiter about the public street, walks or doors-ways of businesses, restaurants or taverns catering to the public.

 

           Section 5. No person under or apparently under the age of eighteen (18) years shall be permitted to loiter or remain upon the streets or other public places within to the Town of Hanover between the hours of 1 a.m and 7 a.m unless accompanied by an adult person or unless actually proceeding to a lawful definite destination without delay.

 

ARTICLE IV- VIOLATION OF LOCAL LAW: PENALTY

 

           Section 6. Any violation of any section of this local law shall be declared an offense and upon conviction a person shall be subject to a fine of not more than two hundred and fifty dollars ($250.00) or imprisonment for not more than ten (10) days or both.

 

ARTICLE V- SAVING CLAUSE

 

           Section 7. If any clause, sentence, paragraph, section or part of this local law shall be adjudged invalid by any court of competent jurisdiction such judgement shall not effect, impair or invalidate the remainder.

 

ARTICLE VI- EFFECTIVE DATE

 

           Section 8.This local law has been duly adopted by the Town Board of the Town of Hanover at its regular meeting of May 8, 1967 and shall take effect immediately.

 

LOCAL LAW NO. 2 OF THE YEAR 1985

 

           TO AMEND LOCAL LAW NO.3 OF THE YEAR 1967 ENTITLED “PROHIBITING BREACH OF PEACE, IMPROPER ASSEMBLY, LOUD NOISE, OBSCENE LANGUANGE”

 

Note: Modifications and amendments have been integrated into the existing text of Local Law No. 3 of 1967.