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LOCAL LAWS
Village of Lake Placid Local Laws
Open Container – Local Law #2 of 1966
1. No person shall have in his possession any open bottle or container containing liquor, beer, wine or other alcoholic beverage while such person is on any public highway, public street, public parking area or in any vehicle or public place, except the interior of a building of premises duly licensed for sale and consumption of alcoholic beverages on the premises, whatsoever in said village.
2. An open bottle or open container in any vehicle shall be presumptive evidence that the same is in possession of all the occupants thereof and in violation hereof.
3. A violation of this ordinance shall constitute an offense punishable by a fine not exceeding $50.00 or by imprisonment in jail for 10 days or by both such fine and imprisonment for the first offense, and by a fine not exceeding $50.00 or by imprisonment for 30 days or by both such fine and imprisonment for a second or subsequent offence.
Unlawful Noise Prohibited - Local #6 of 2008
It shall be unlawful for any person to make, continue, or cause to be make or continue any excessive, unnecessary, or unusually loud, or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others in the Village of Lake Placid. The following acts, among others, are declared to be loud, disturbing, injurious or unnecessary and unlawful noise of the section.
(1) Horns and Signal Devices. The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle while not in motion, except as a danger signal or to give warning of intent to get into motion, or if in motion, only as a danger signal after or as brakes are being applied or decelerating of the vehicle has begun; the creation by means of such signal device or any unreasonable or unnecessary period of time.
(2) Radio, Phonograph, Musical Instruments. The playing of any radio, phonograph, television set, amplified or un-amplified musical instruments, loudspeaker, tape recorder, or other electronic sound producing devices, in such manner or with such volume between the hours of 9:30pm and 7:00am the following day so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel, hospital, or other type of residence, or of any persons in the vicinity. The operation of any such set, instrument, phonograph, machine, or device in such a manner as to be plainly audible on a property or in a dwelling unit other than which it is located, shall be prima facie evidence of a violation of this section.
(3) Shouting and Whistling. Yelling, shouting, hooting, whistling, singing, or he making of any other loud noises on the public streets, between the hours of 9:30pm and 7:00am the following day.
(4) Construction. The operation of power equipment in residential zones between the hours of 9:30pm and 7:00am the following day. The erection, including excavation, demolition, alteration or repair of any building other than between 7:00am and 9:30pm, except in case of public safety and emergency.
Penalties for Offenses: Any person found guilty if violating any of the provision of this chapter shall be guilty of a violation and, upon conviction, shall be punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days, or both, for conviction of the first offense; for conviction of a second offense, both of which were committed within a period of three years, punishable by a fine of not less than $250 nor more than $500 or imprisonment for a period not to exceed 30 days, or both.
Regulation of Vehicles on Sidewalks – bicycles, skateboards, roller blades etc.
Local Law 3 of 1990
1. Legislative Intent - It is hereby found and declared that it is of importance to the health, safety and welfare of the inhabitants and guest of the village of Lake Placid to prevent the use of certain vehicles on the sidewalks located on Main St. in said Village. It is further declared that the use of certain vehicles on Main St. in the Village of Lake Placid creates a hazard and undue risk to the health, safety and welfare of the citizens and guests of the Village necessitating the regulation, restraint and elimination thereof.
2. Prohibited Operation - No person shall operate, use or cause to be operated or use vehicles commonly known as bicycles, skateboards, rollerskiis, rollerblades or any other such mechanized vehicle on the sidewalks located on Main St. in the Village of Lake Placid between Main St. intersection with Saranac Ave. and the U.S. Post Office (intersection with Parkside Dr.)
3. Penalties for Offenses - Any person violating this Local Law shall be punished, upon conviction, by a fine of not less then Ten Dollars ($10.00) nor more than Two Hundred Fifty Dollars ($250.00) for each violation. In addition, each violation of this Local Law shall constitute disorderly conduct and each person violating the same shall be a disorderly person.
Animal Control
Barking Dog – Local Law 1 of 2001
1. No person shall harbor, own, keep or permit a dog or dogs that howl, bark, cry or make other audible sounds in a unreasonable manner within the limits of the Village of Lake Placid so that the peace and quiet of the neighbor or nearby property owner or occupant is disturbed or the peace, quiet and order of a neighborhood or the public with the village is disturbed. Howling, barking, crying or other audible sounds made by a dog or dogs shall be considered unreasonable if it persists on an intermittent or continuous basis for more than thirty (30) minutes at a time without complete interruption of a least ten (10) minutes continuous duration or if it continues over a period of two (2) hours or more regardless of any interruption time.
Violation of this Local Law shall constitute an offense and shall be subject to a fine not to exceed twenty-five dollars ($25.00) for any offense, and any violation of said Local Law shall constitute disorderly conduct, and any person violating the same shall be declared a disorderly person.
Pooper Scooper – Local Law 3 of 1993
1. It shall be the duty of each dog owner or person having possession, custody or control of a dog to remove any feces left by his dog on any sidewalk, gutter, street or other public area.
2. The provisions of this Local Law shall not apply to a guide dog, hearing dog, or service dog accompanying any person with a disability as defined in subdivision twenty-two hundred and ninety-two (292 - 22) of the Executive Law of the State of New York.
3. This Local Law shall be construed and operate in the same manner as 1310 of the Public Health Law of the State of New York.
4. The Village Board of Trustees reserves the right and shall have the authority to promulgate and adopt rules and regulations to carry out the intent and purpose of this Local Law. Said rules and regulations may supplement, modify and/or amend the express provisions hereof.
5. Any person violating this Local Law shall, upon conviction, be subject to a fine not exceeding two hundred fifty dollars ($250.00). The continuation of a violation of this Local Law shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
Dogs Running at Large – Local Law 1 of 1982
1. No owner, custodian, or person who keeps, harbors, or otherwise has charge of any dog, male or female, shall cause or permit such dog to be on any street or other public place in the Village of Lake Placid unless such dog is held on a leash not exceeding (8) feet in length; nor shall any dog be allowed or caused to run at large in the Village of Lake Placid, except on the premises of the person who owns, keeps, or harbors or otherwise has the care or custody of such dog, or except on the premises of another person with the knowledge and consent of such other person.
2. No person shall remove or cause to be removed from any dog, male or female, its harness or leash or entice any dog out of any enclosed, house or grounds of the owner or harborer, or harbor or release such dog to run at large.
3. Any dog control officer, peace officer, constable, police officer, or other authorized individual acting pursuant to special duties, in the employ of or under contract to the Village of Lake Placid or the Town of North Elba having reasonable cause to believe that a person has violated this ordinance shall issue and serve upon such person an appearance ticket for such violation.
4. Any person conviction of a violation of this Local Law shall be subject to a fine not exceeding one hundred dollars ($100.00) Each specific violation of this ordinance shall constitute a separate violation pursuant to the Penal Law of the State of New York.
5. In addition to the penalties provided for Paragraph (4) of this local law, any person retrieving a dog from the pound must pay to the Village Clerk of the Village of Lake Placid the fee provided for in Sec. 118 of the New York State Agriculture and Markets Law. All other provisions of Sec. 118 of said law are hereby adopted and made a part of this local law.
Regulating Junk Vehicles – Local Law #7 of 1987
Storage Restriction
It shall be unlawful for any person within the Village of Lake Placid to store or deposit or cause, suffer or permit to be stored or deposited an abandoned, junked or inoperative motor vehicle or part or piece thereof on any private property within the Village, except within a garage or other enclosed structure.
Penalty
Any person violating any of the provisions of this chapter shall be punished, upon conviction, by a fine not less than ten dollars ($10.00) nor more than two hundred fifty dollars ($250.00) for each violation.
Curfew Law – Local Law 1 of 1978
Section 3 – Curfew of Minors
It shall be unlawful for any minor to remain idle, wander, stroll or play in any public place either on foot or to cruise about without a set destination in any vehicle in, about or upon any place in the Village between the hours of 10:00pm and 5:00am; from Sunday at 10:00pm through Friday at 5:00am; and between the hours of 11:00pm – 5:00am, from Friday at 11:00pm through Sunday at 5:00am, unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation. The hours herein prescribed shall hereinafter be referred to and designated as “curfew hours”.
Section 5 – Parents Responsibility
It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of 16 to suffer or permit or by inefficient control to allow such person to be on the streets or sidewalks or on or in any public property or public place within the Village during “curfew hours”. However, the provisions of this section do not apply to a minor accompanied by a parent, guardian, custodian or other adult person having the care or control of the minor, or if the minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor or if the parent, guardian or other adult person herein has made a missing person notification to the Police Department.
Section 8 – Penalties
Any minor violating the provision of this Local Law shall be dealt with in accordance with the Family Court Law and Procedure. Any Parent, guardian, or other adult person having the care and custody of a minor violating this Local Law shall be fined no less than $25.00 nor more than $50.00 for each offense.
NYS Vehicle and Traffic Law
Pedestrians Rights
§1150. Pedestrians subject to traffic regulations.
Pedestrians shall be subject to traffic-control signals as provided in section
eleven hundred eleven of this title, but at all other places pedestrians shall be
accorded the privileges and shall be subject to the restrictions stated in this article.
§1151. Pedestrians' right of way in crosswalks.
L02 (a) When traffic-control signals are not in place or not in operation the
driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk [when the pedestrian is upon the half of] on the roadway upon which the vehicle is traveling [or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger], except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right of way to all vehicles. L02 (2002, chgd. by chap. 159, eff. 1/19/2003. Matter in brackets eff. only until 1/19/2003. Matter in italics eff. 1/19/2003.)
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk
or run into the path of a vehicle which is so close that it is impractical for the driver to yield.
(c) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked
crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
§1151-a. Pedestrians' right of way on sidewalks.
The driver of a vehicle emerging from or entering an alleyway, building, private
road or driveway shall yield the right of way to any pedestrian approaching on any sidewalk extending across such alleyway, building entrance, road or driveway.
§1152. Crossing at other than crosswalks.
(a) Every pedestrian crossing a roadway at any point other than within a marked
crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or
overhead pedestrian crossing has been provided shall yield the right of way to all
vehicles upon the roadway.
(c) No pedestrian shall cross a roadway intersection diagonally unless authorized
by official traffic-control devices; and, when authorized to cross diagonally,
pedestrians shall cross only in accordance with the official traffic-control devices
pertaining to such crossing movements.