N.Y. Military Law § 239: Trespassers and disturbers to be placed in arrest; sales and gambling prohibited

§ 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.