Town of Poughkeepsie, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 54.
Noise — See Ch. 139.
Public urination and defecation — See Ch. 192.
Abandoned vehicles — See Ch. 192.
[Adopted 8-6-2014 by L.L. No. 12-2014]

§ 144-1 Findings; legislative authority.

The proliferation of unreasonably loud and disruptive parties in the Town of Poughkeepsie, which are of such character, intensity, duration and repetition as to be detrimental to the life, health, repose and safety of the public, has reached such proportions that the Town Board, pursuant to the authority of § 10 of the Municipal Home Rule Law of the State of New York and New York Constitution, Article IX, in order to preserve, protect and promote the public health, safety and welfare, has adopted a Nuisance Party Law.

§ 144-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
NUISANCE PARTY
A gathering which is conducted on property or premises within the Town of Poughkeepsie and which, by reason of the conduct of the persons in attendance, results in any one or more of the following conditions or events occurring at the site of the gathering or on neighboring public or private property:
A. 
Disorderly conduct.
B. 
Unlawful possession of an open container of alcoholic beverage.
C. 
Public urination or defecation.
D. 
Unlawful sale, furnishing, dispensing or consumption of an alcoholic beverage.
E. 
Sale or furnishing of an alcoholic beverage to an underage person.
F. 
Unlawful sale or possession or use of a controlled substance.
G. 
Unlawful deposit of litter or refuse.
H. 
The damage or destruction of real or personal property.
I. 
Unlawful pedestrian or vehicle traffic.
J. 
Standing or parking of vehicles that obstruct the free flow of traffic on the public streets or sidewalks, or that impedes the ability to render emergency services.
K. 
Violation of any section of Chapter 139. Noise, of the Town of Poughkeepsie Code.
L. 
Trespassing.
M. 
Exposure of a person or public lewdness.
PERSON ATTENDING
Any person in attendance at a nuisance party, whether or not such person has any possessory control of the property or premises where it occurs.
PROPERTY OWNER
Any person or legal entity which is an owner, lessor or licensor of property or premises in the Town of Poughkeepsie who allows another individual(s) or legal entity to reside at or occupy said property or premises.
A. 
Any person who is an owner, occupant, tenant, or otherwise has rightful possession or possessory control, individually or jointly with others, of any property or premises, who either sponsors, conducts, hosts, invites or permits a gathering on said property or premises.
B. 
A property owner who has been notified by the Town of Poughkeepsie Police Department of two prior convictions for violation of this article occurring within two years at a property or premises shall be considered a responsible person for purposes of future violations of this article occurring at that property or premises. Alternative proof of a property owner's responsible person status maybe offered.

§ 144-3 Prohibited acts.

A. 
No responsible person shall sponsor, conduct, host, invite, allow or permit a nuisance party.
B. 
No person attending a nuisance party who has been ordered to leave such nuisance party by a competent authority shall stay at the nuisance party property or premises unless he or she is an owner or tenant residing at that property or premises.
C. 
No person attending a nuisance party who has been ordered to leave a nuisance party by a competent authority shall leave a nuisance party and attend another nuisance party within 72 hours.

§ 144-4 Enforcement.

Any police officer, peace officer, or code enforcement officer who observes a nuisance party occurring may order that the nuisance party be ceased and order all nonowners and nonresidents on the property or premises where the nuisance party has occurred to leave the property or premises immediately.

§ 144-5 Police authorized to seize evidence.

Any police officer who observes a nuisance party occurring and who finds a violation of any provision of § 144-3 above may seize any and all evidence of such violation and any and all evidence of the conditions or events listed at § 144-2, "nuisance party," above, including, where appropriate, alcoholic beverages at the property or premises which are available to persons attending the nuisance party.

§ 144-6 Penalties for offenses.

A. 
Any person violating any provision of this article shall be guilty of an offense punishable by a fine of not less than $250 but not to exceed $1,000 in amount or imprisonment not to exceed seven days, or any combination of such fine and imprisonment.
B. 
Any person violating any provision of this article for a second time within one calendar year from the date of his or her first offense shall be guilty of an offense punishable by a fine not less than $1,000 nor more than $2,500 in amount or imprisonment not to exceed 15 days, or any combination of such fine and imprisonment.
C. 
Any person violating any provision of this article for a third time within one calendar year from the date of his or her first offense shall be guilty of an offense punishable by a fine not less than $2,500 nor more than $5,000 in amount or imprisonment not to exceed 15 days, or any combination of such fine and imprisonment.
D. 
Nothing herein contained shall prevent the Town of Poughkeepsie from taking such other lawful action as is necessary to prevent or remedy a violation of this article.

§ 144-7 Severability.

In the event that any section, paragraph, sentence, clause or phrase of this article is held invalid or unconstitutional by any court of competent jurisdiction, the invalid or unconstitutional portions of this article shall be deemed severed from the article and shall in no way affect the validity of the rest of this article.
[Adopted 11-4-2015 by L.L. No. 22-2015]

§ 144-8 Purpose and authority.

The proliferation of the unreasonably loud and disruptive recreational operation of ATVs, motorcycles, limited-use motorcycles, and off-highway motorcycles in the residential areas of the Town of Poughkeepsie, which operation is now of such nature, intensity, duration and repetition as to be detrimental to the life, health, repose and safety of the public, has reached such proportions that the Town Board, pursuant to the authority of § 10 of the Municipal Home Rule Law, Vehicle and Traffic Law § 2404(6), and the New York Constitution, Article IX, in order to preserve, protect and promote the public health, safety and welfare has adopted restrictions on the use of ATVs, motorcycles, limited-use motorcycles and off-highway motorcycles (''nuisance vehicles") on private property near residences in the Town of Poughkeepsie.
A. 
Whereas, the Town of Poughkeepsie finds that the current and repeated recreational operation of nuisance vehicles on private property near residences within the Town of Poughkeepsie creates irritating dust, fumes and noise, interferes with quiet, peaceful repose and normal residential activities, and constitutes a public nuisance to the residents of the Town of Poughkeepsie; and
B. 
Whereas, the purpose of this article is to prohibit all recreational operation of nuisance vehicles on private property in close proximity to residences in the Town of Poughkeepsie.

§ 144-9 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ATV
Any all-terrain vehicle as defined in § 2281 of the Vehicle and Traffic Law of the State of New York.
LIMITED-USE MOTORCYCLE
Any limited-use motorcycle as defined in § 121- b of the Vehicle and Traffic Law of the State of New York.
NUISANCE VEHICLE
Any non-exempt AVT, motorcycle, limited-use motorcycle or off-highway motorcycle as defined in this section.
OFF-HIGHWAY MOTORCYCLE
Any off-highway motorcycle as defined in § 125-a of the Vehicle and Traffic Law of the State of New York.
RESIDENCE
Any residence, dwelling or dwelling unit located in the Town of Poughkeepsie as defined in § 210-9, Definitions of the Zoning Law of the Town Poughkeepsie.

§ 144-10 Operation of nuisance vehicles prohibited.

No person shall operate any nuisance vehicle in the Town of Poughkeepsie upon private real property within 700 feet of a residence at any time, regardless of whether such vehicle is licensed, unlicensed, registered or unregistered by the New York State Department of Motor Vehicles, unless such use is exempt.

§ 144-11 Use of property for operation of nuisance vehicles prohibited.

No owner, resident or person in control of private real property within the Town of Poughkeepsie shall use or permit the use of any nuisance vehicle on such real property unless such use is exempt.

§ 144-12 Mufflers.

No person shall operate any nuisance vehicle within the Town of Poughkeepsie on private property without a properly functioning muffler system which meets with standards for an ATV muffler as specified in New York Vehicle and Traffic Law § 2406(1)(b).

§ 144-13 Exemptions.

The following uses of nuisance vehicles are exempt from the provisions of this Article II:
A. 
The operation of publically owned and emergency vehicles, ATVs, motorcycles, limited-use motorcycles, and off-highway motorcycles by public officers, public officials or emergency personnel in the course and scope of their duties.
B. 
The operation of any ATV, motorcycle, limited-use motorcycle or off highway motorcycle for the purpose of repairing or servicing it, or for the otherwise lawful maintenance, construction, repair, remodeling or grading of any structure or real property.

§ 144-14 Penalties for offenses.

A. 
Any person convicted of a violation of this article shall be liable for a penalty of up to $250 for a first violation; of not less than $250 nor more than $500 for a second violation committed within one year of the date of the commission of the first violation, and not less than $500 nor more than $1,000 for a third violation committed within one year of the date of the commission of the first violation. Each incident is considered a separate violation.
B. 
Any person convicted of a fourth or subsequent violation of this article within one year of the date of the commission of the first violation shall be guilty of an unclassified misdemeanor and subject to a penalty of a fine of $1,000 or 15 days in jail or both.