[Amended 8-23-2016 by Ord. No. 15-2016; 6-28-2022 by Ord. No. 13-2022; 6-13-2023 by Ord. No. 02-2023]
A. A public nuisance is deemed to exist when owners, tenants, occupants, or any combination thereof, at a building, dwelling, premises, structure or place, are convicted within a two-year period of the offenses cited in Subsections
B or
C below, with the most recent conviction exceeding the allowable number of convictions as set forth in Subsections
B and
C of this section. Where an incident results in a conviction of more than one offense cited in Subsection
B or
C of this section, each separate conviction shall be applicable to Subsection
B or
C below. The aforementioned two-year period shall be measured as being the dates between the separate incidences for which a conviction is premised and shall not be measured between dates of each respective conviction. For any conviction covering a period of multiple days, the earliest date of said period shall be used, and conviction covering a number of consecutive days shall constitute one conviction for purposes of this section. Convictions only for offenses that took place at the subject building, dwelling, premises, structure or place shall be applicable to this chapter.
B. Public nuisance based on Penal Law convictions: A conviction of one of the following articles or sections of the Penal Law of the State of New York, occurring within a two-year period of a prior or first conviction as set forth in Subsection
A, exceeding the allowable number of convictions as set forth below, is deemed to be a public nuisance:
(1) Article 220 of the Penal Law, any felony offense: one conviction.
(2) Article 221 of the Penal Law, involving marijuana: three convictions,
involving use: one violation, involving sale.
(3) Section 240.36 of the Penal Law, loitering in the first degree: two
convictions.
(4) Section 240.20 of the Penal Law, disorderly conduct: three convictions.
(5) Section 240.45 of the Penal Law, criminal nuisance in the second
degree: two convictions.
(6) Section 240.46 of the Penal Law, criminal nuisance in the first degree:
one conviction.
C. Public nuisance based on Gloversville City Code convictions: A conviction of one or more of the following chapters and/or sections of the Gloversville City Code, occurring within a two-year period of a prior or first conviction as set forth in Subsection
A, exceeding the allowable number of convictions as set forth below, is deemed to be a public nuisance:
(1) Chapter
212 of the Gloversville City Code: three convictions.
(2) Chapter
82 of the Gloversville City Code: three convictions.
(3) Chapter
182 of the Gloversville City Code: three convictions.
(4) Chapter
198 of the Gloversville City Code: three convictions.
D. Public nuisance based on any three convictions under New York State Property Maintenance Code occurring within a two-year period of a prior or first conviction as set forth in Subsection
A.
Failure to comply with any order issued pursuant to §
213-3 shall be punishable by a fine not exceeding $1,000 or by imprisonment up to 15 days, or both.