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North Hempstead, NY Public Conduct: Loitering Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§ 57-17, Loitering, Article III
Covers
off-street parking areas per Uniform Traffic Code § 83
Penalty
fine up to $250 or 15 days jail
Continuing offense
each day counted as separate violation
Adopted
October 13, 2022 by L.L. No. 17-2022

Summary

North Hempstead's Town Code bans loitering in any off-street parking area under § 57-17, added in 2022. The law only reaches loitering tied to violent or threatening conduct, intimidation of the public, blocking passage, or illegal public drinking, not mere presence, and violators face Penal Law-level fines and jail time.

§ 57-17. Loitering prohibited. No person shall loiter within any off-street parking area. For purposes of this § 57-17, a person loiters when he or she: A. Loiters, remains in an off-street parking area or wanders about for the purpose of tumultuous, violent or threatening conduct or when, being present at an assembly which either has become or becomes tumultuous, violent or threatening to members of the assembly or the public, he or she remains there with intent to advance that purpose; or B. Loiters, remains or wanders about in an off-street parking area for the purpose of any activity which is intended to intimidate the public or interferes with the free passage of another; or C. Loiters, remains or wanders about in an off-street parking area for the purpose of the consumption of alcohol in a public place in violation of any local, state or federal law.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).

Full Breakdown

Article III of Chapter 57, 'Loitering,' was added October 13, 2022, by Local Law No. 17-2022 to police the Town's off-street parking areas, defined in § 57-16 by cross-reference to § 83 of the Town's Uniform Traffic Code. Section 57-17 does not criminalize simply standing or sitting in a Town parking lot; it defines loitering narrowly through three alternative purposes. Under Subsection A, a person loiters if he wanders about for the purpose of tumultuous, violent or threatening conduct or remains at an assembly that has become tumultuous or violent with intent to advance that conduct.

Subsection B reaches loitering for the purpose of any activity which is intended to intimidate the public or interferes with the free passage of another. Subsection C separately targets loitering for the purpose of the consumption of alcohol in a public place in violation of any local, state or federal law, tying the parking-lot loitering ban directly to open-container violations. Section 57-18 sets the penalty at a Penal Law violation, punishable by a fine not exceeding $250 or imprisonment not exceeding 15 days, or both, and specifies that a continuing violation of § 57-17 becomes a separate and distinct offense for each day it continues, so a person who keeps returning to loiter in the same lot can be charged day by day rather than once.

Violations & Fines

Loitering in a Town off-street parking area for a threatening or tumultuous purpose, to intimidate the public or block passage, or to drink alcohol illegally in public violates § 57-17. Section 57-18 makes the offense a Penal Law violation punishable by a fine up to $250 or up to 15 days in jail, or both, with each day of a continuing violation charged as a separate offense.

Frequently Asked Questions

Is it illegal to just stand in a North Hempstead parking lot?
No. Section 57-17 only bans loitering done for a specific purpose: threatening or tumultuous conduct, intimidating the public or blocking passage, or illegally drinking alcohol in public. Simply standing, waiting for a ride, or talking with friends in an off-street parking area is not covered.
What counts as an off-street parking area under this law?
Section 57-16 defines it by cross-reference as a parking area described in § 83 of the Uniform Traffic Code of the Town of North Hempstead, so the loitering ban only reaches lots that meet that Traffic Code definition, not private driveways or on-street spaces.
What happens if someone keeps coming back to loiter?
Section 57-18 treats a continuing § 57-17 violation as a separate and distinct offense for each day it continues, on top of the base penalty of a fine up to $250 or 15 days' imprisonment, or both, for a Penal Law violation.

Sources & Official References

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