The Village of Fort Plain Police


Laws of Interest

This is an abbreviated version of the laws listed below in which police department personnel
answer questions about several times a year.

General Prohibitions based on the Code of the Village of Fort Plain

(the following is paraphrased from the current edition of the above reference)

55.3 Alcohol

  1) It is unlawful to consume an alcoholic beverage on any public land within the village.
  2) It is unlawful to possess, for the purpose of consumption, any open container containing alcohol, on public land within the village.

88-4 Curfew


It is unlawful for any person under 17 years of age to loiter or remain upon village streets or parks between 10pm and 6am unless accompanied by a parent.

110-1 Advertising

  No postings, of any type, are permitted on sidewalks, buildings, poles, trees or other structures, nor can anyone throw any waste paper upon any street or sidewalk.

113-4 Public Exposure

  It is unlawful for any person to appear in a public place in such a manner that the private, or intimate parts of such body, are unclothed or exposed.

118-2 Loitering (definition)

  To stand, lounge, congregate, or remain parked in a motor vehicle or collect, gather, or be a member of a crowd in any place

118-3 Loitering (enforcement)

  1) It is unlawful for any person or group of persons to loiter in any public place:
    a. As to interfere with, impede, or hinder, the free passage of any pedestrian or vehicular traffic;
    b. As to obstruct, harass, curse, threaten or do physical harm;
    c. By words, acts or other conduct resulting in a breach of the peace or disorderly conduct or to cause annoyance, inconvenience or alarm or to create a risk thereof;
  2) It is unlawful to loiter in a public place and fail to obey the direction of a Police Officer to move on

125-2 Excessive Noise

  1) It is unlawful to create any unnecessary or unusual noise that annoys, disturbs or endangers the comfort repose, health, peace, or safety of others.
  2) The following is a partial list of examples:
    a. Excessive horn blowing
    b. Engine exhausts
    c. Building construction between the hours of 9pm and 6am.
    d. Music, being played manually or from a radio or record player (or the like) while being loud enough to be heard more than 25 feet from the boundary of private property.
    e. Yelling and screaming so as to disturb the quiet, peaceful, repose of the area.

148-2 Skateboards

  It is unlawful to operate or ride on village streets, sidewalks or parks.

148-4 Rollerblades and in-line skates

  It is unlawful to operate rollerblades or in-line skates anywhere in the downtown, business area.

New York State Vehicle and Traffic Law Sec. 501.

Drivers' licenses and learners' permits

  (vi) Class DJ. Such license shall be valid to operate only vehicles which may be operated with a class D license by a person under eighteen years of age, except it shall not be valid to operate a motor vehicle with an unladen weight or a GVWR of more than ten thousand pounds or any motor vehicle towing another vehicle with an unladen weight or GVWR of more than three thousand pounds. Such license shall automatically become a class D license when the holder becomes eighteen years of age.
  3. Restrictions on use of class DJ and class MJ licenses. A class DJ or class MJ license shall permit the holder to operate a vehicle in accordance with the following restrictions:
    (b) in all other areas of the state, except for the city of New York:
    (i) from five o'clock in the morning to nine o'clock in the evening; or
    (ii) from nine o'clock in the evening to five o'clock in the morning when going to or from school, or to or from a place of business where the holder is employed on a regularly scheduled basis, or when accompanied by a duly licensed parent, guardian or one in a position of loco parentis to the licensee.

Open Fires

Section 215.1 Definitions.

  Effective on October 14, 2009, all open burning is prohibited in New York with several exceptions including the following:
  (a) Campfires less than 3 feet in height and 4 feet in length, width or diameter are allowed.
(b) Small cooking fires are allowed.
(c) Fires cannot be left unattended and must be fully extinguished.
(d) Only charcoal or clean, dry, untreated or unpainted wood can be burned.
(e) Ceremonial or celebratory bonfires are allowed.
In towns with a total population less than 20,000, you may burn tree limbs with attached leaves. The limbs must be less than 6 inches in diameter and 8 feet in length (also referred to as brush). However, this is not allowed from March 16 through May 14 due to the increased risk of wildfires.
  Camp Fire - any outdoor open fire less than three feet in height, length and width or diameter.

Section 215.3 Exceptions and restricted burning.

  Burning in an open fire, provided it is not contrary to other law or regulation, will be allowed as follows:
    a) Barbecue grills, maple sugar arches, and similar outdoor cooking devices when actually used for cooking or processing food.
    b) Small fires for cooking and camp fires provided that only charcoal or natural untreated wood is used as fuel and the fire is not left unattended until extinguished.
    f) Small fires that are used to dispose of a flag or religious item, and small fires or other smoke producing process where not otherwise prohibited by law that are used in connection with a religious ceremony.