(A) Congregating prohibited. No person shall stand, walk, sit, lie, congregate or otherwise occupy or remain upon the premises of any place or business within the town after business hours without consent of the lawful owner, occupant, lessee or employee thereof.
(B) Parking prohibited. No person shall stop, stand, park, leave or place any motor vehicle, whether occupied or not, upon any public or private property without the consent of the owner, occupant, lessee or employee thereof, except where such property is provided for public parking and the use for such parking is not restricted by proper notice. In addition to fine or other punishment for a violation of this division (B), the vehicle so parked, left or placed shall be subject to impoundment upon complaint of the property owner or lawful occupant; the person violating this division (B) shall be wholly responsible for payment of towage and storage charges.
(C) Posting of premises required. No person may be charged under this section unless the premises in question is posted with a conspicuous sign which states, substantially, that the premises are posted, and that any person congregating, occupying or remaining upon the premises or parking or leaving a motor vehicle thereon, is subject to prosecution pursuant to the town code.
(D) After business hours described. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFTER BUSINESS HOURS. The doors of the business which are open to the public during business hours are closed and locked and that the business is no longer admitting customers. The term applies to places of business which are vacant or permanently or temporarily closed, or otherwise unoccupied.
PLACE OF BUSINESS. Any private property upon which a building, house or other structure is used for commercial or public purposes, e.g., without limitation: restaurants; gas stations; shopping malls or centers; theaters; convenience stores; grocery stores; drugstores or pharmacies; recreational facilities; wholesale or retail sales activities; offices; banks or other financial institutions; manufacturing; or professional services (medical, legal, accounting, insurance or consulting).
(E) Rebuttable presumption.
(1) There is a rebuttable presumption that any person or motor vehicle upon the premises of a place of business that is properly posted pursuant to this section after such time as the front door or other such door that admits members of the public is closed and locked is on the premises of such business unlawfully under this section; however, this presumption shall not be applied within 30 minutes of any opening or closing times posted by such place of business. This presumption may only be rebutted by proof beyond a reasonable doubt that any person held by the Municipal Judge to be subject to this rebuttable presumption was on the premises in question with permission of the lawful owner, occupant, lessee or employee thereof.
(2) If a motor vehicle is alleged to be unlawfully parked or left under this section, it shall be rebuttably presumed that the person in whose name the motor vehicle was last registered was the person who parked or left the motor vehicle.
(F) Provisions cumulative. The provisions of this section are cumulative of other applicable offenses enacted in this code or state law.
(Prior Code, § 5-4B-14) Penalty, see § 133.99