Holding Court: Rye City Code Chapter 141 – Not Its IQ
Holding Court is a series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
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By Joe Latwin
We have a section in the Rye City Code that is unenforceable, silly, or at best contains outdated solutions to problems that no longer exist.
Chapter 141 is entitled “Peace and Good Order” and was made a part of the original City Code in 1941 when the City of Rye was newly created. Times were different – we had passed through Prohibition and the Roaring 20s, were still feeling the effects of the Great Depression, we had not yet been drawn into World War II.
Chapter 141-1 prohibits loitering. I don’t hear of this being a big problem in Rye these days. It made it unlawful for persons to congregate, stand, loaf or loiter so as to obstruct or hinder people passing or to congregate in front of any entrance of a public building or place of public assembly so as to obstruct persons passing along or into or out of the same. First, the enforcement problem. As written, the law requires action by more than one person – it is unlawful for “persons” to congregate. Think most people will find it impossible to congregate alone. There have been numerous cases challenging loitering laws. Does anyone “loaf” anymore (except for bakers). This law may also be used perniciously to harass lawful protesters who would be protected by the First Amendment or teenagers that have no place to hang out.
Chapter 141-2 is entitled Disturbances in public places and assemblages. It makes it unlawful to make, aid or countenance or assist in making any improper noise, or to incite or engage in any riot or disturbance, or to indulge or engage in improper conduct or conversation in public place where persons are lawfully assembled. The law does not identify what an “improper noise” or “improper conduct” or “an improper conversation” is. (Is there such as thing as a “proper”, conduct, conversation, or noise?). This part of the law is probably void for is vagueness. No one could know what activity or speech is prohibited. Naturally, it is already illegal to incite a riot. (nor can you cry theater in a crowded firehouse). Again, the speech restrictions run counter to the First Amendment.
Chapter 141-3 deals with parades. All parades on any street that excludes or interrupts other citizens are forbidden unless a written permit is first obtained from the Clerk. Rye holds several street parades every year – for school fairs, Little League, Memorial Day. I presume they all have permits. I have not heard of any unpermitted parades during my 44 years here.
Chapter § 141-4 deals with Public bathing. You can’t publicly bath unless you are in a suitable bathing dress or covering. Also, walking around in a bathing or other similar scant costume is prohibited. There are pictures of police officers measuring the length of women’s bathing suits during the 20s. I don’t think that happens anymore. Again, “suitable” is vague. While some people ought to be suitably covered from head to toe, as if they were a female under strict Taliban rule, others wearing little more than a string might be suitable to many. I’ve seen infants wearing nothing but diapers in the water. Should the toddlers be arrested? I promise not to go naked. My birthday suit is getting wrinkled.
Some of you old timers may remember Mayor Carey skateboarding on the street. Chapter 141-5 prohibits coasting, ballplaying, roller skating or any other game, amusement or exercise that interferes with the free, safe and convenient use of a street, sidewalk or other public place except where designated by the Council, but skateboarding on any through street is always prohibited. We can’t rightfully complain our kids are fat and lazy but then prohibit them from outdoor exercise. Having grown up in Brooklyn, we played in the street until the streetlights came on. If a car was approaching, we would yell out “car’ and get off the roadway.
We have so many real problems that the police need to deal with, do we really want them chasing diapered toddlers, skateboarders, or listening for improper conversations when enforcement efforts are bound to fail?
