Town of Seneca Falls, NY Chapter 193 Loitering

[HISTORY: Adopted by the Town Board of the Town of Seneca Falls 10-1-2013 by L.L. No. 3-2014. Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages — See Ch. 102.

Noise — See Ch. 201.

Peace and good order — See Ch. 210.

Peddling and soliciting — See Ch. 213.

§ 193-1 Findings and intent.

The Town Board of the Town of Seneca Falls hereby finds and declares that loitering for the purpose of conducting certain illegal activity is harmful to the well-being of Town residents and negatively affects the quality of life for Town residents. The sale, use or possession of illegal drugs; possession of illegal weapons; trespassing; noises; violation of Chapter 102, Alcoholic Beverages; illegal gambling; illegal harassment; or obstruction of pedestrian or vehicular traffic all interfere with the public interest in the quality of life and total community environment. The Town Board further finds and declares that loitering for the purpose of conducting certain illegal activity is detrimental to the health, safety and welfare of the people of the Town of Seneca Falls and of the businesses therein and visitors thereto. The Town Board further finds and declares a public interest in protecting citizens against unlawful, arbitrary, discriminatory or otherwise improper enforcement of loitering prohibitions. It is the purpose of the Town Board to hereby create a procedure for securing legal and equitable remedies relating to loitering for certain illegal purposes, without prejudice to the use of procedures available under existing and subsequently enacted laws or ordinances, and to supplement the application by law enforcement officials of existing laws prohibiting loitering.

§ 193-2 Prohibited conduct.

It shall not be lawful for any person to loiter or remain in any place for the specific illegal purpose of:

A. Selling, using or possessing illegal drugs.

B. Possessing illegal weapons.

C. Trespassing.

D. Violating Chapter 201, Noise.

E. Violating Chapter 102, Alcoholic Beverages.

F. Illegal gambling.

G. Illegal harassment.

H. Obstructing pedestrian or vehicular traffic.

§ 193-3 Enforcement guidelines.

A. Probable cause. Probable cause to charge or arrest any person for a violation of this chapter shall arise only when the law enforcement officer personally has observed the commission by such person of some definable impermissible or illegal act as set forth hereinabove.

B. Failure to explain presence. The failure of any person to offer an explanation of his or her purpose in being at a particular place shall not, in and of itself, constitute a violation of this chapter.

§ 193-4 Penalties for offenses.

Any person violating any of the provisions of this chapter shall be punished, upon conviction, by a fine of not more than $500 or by imprisonment for not more than 15 days, or both. Each day that a violation of or failure to comply with any provision of this chapter or any regulations promulgated hereunder by the Town Board occurs, it shall constitute a separate and distinct violation.