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This entry was published on 2014-09-22
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SECTION 239
Trespassers and disturbers to be placed in arrest; sales and gambling prohibited
Military (MIL) CHAPTER 36, ARTICLE 11
§ 239. Trespassers and disturbers to be placed in arrest; sales and
gambling prohibited. 1. Any person who shall trespass upon any armory,
arsenal, camp, range, base or other facility of the organized militia or
other place where any unit of the organized militia is performing
military duty, or who shall in any way or manner interrupt or molest the
discharge of his military duties by any member of the organized militia
or of the armed forces of the United States or who shall trespass or
prevent the passage of troops of the organized militia or of the armed
forces of the United States in the performance of their military duties
may be placed in arrest by the commanding officer of the unit performing
such military duty at the place where the offense is committed and may
be held in arrest during the continuance of the performance of such
military duty.

2. The commanding officer of any unit of the organized militia
performing military duty in or at any armory, arsenal, camp, range, base
or other facility of the organized militia or other place where such
unit is performing military duty may prohibit persons who hawk, peddle,
vend or sell goods, wares, merchandise, food products or beverages upon
the streets and highways from conducting sales or auctions, and may
prohibit all gambling within the limits of such armory, arsenal, camp,
range, base or other facility of the organized militia or other place
where such unit is performing military duty or within such limits not
exceeding one mile therefrom as he may prescribe. Such commanding
officer may in his discretion abate as common nuisances all such sales,
auctions and gambling.

3. Any person who trespasses upon any missile site under the control
or jurisdiction of the New York army national guard, or who, in any way
interrupts or molests the performance of duty by any person assigned to
such site, may be apprehended and detained in custody at the site, by
any member of the New York army national guard or any person performing
duty at such site. Any person so apprehended and detained shall be
delivered, without delay, to a police officer, as defined in subdivision
thirty-four of section 1.20 of the criminal procedure law.