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.
Last modified: February 3, 2019