[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-6-2014 by L.L.
No. 12-2014]
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.
As used in this article, the following terms shall have the
meanings indicated:
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:
Disorderly conduct.
Unlawful possession of an open container of alcoholic beverage.
Public urination or defecation.
Unlawful sale, furnishing, dispensing or consumption of an alcoholic
beverage.
Sale or furnishing of an alcoholic beverage to an underage person.
Unlawful sale or possession or use of a controlled substance.
Unlawful deposit of litter or refuse.
The damage or destruction of real or personal property.
Unlawful pedestrian or vehicle traffic.
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.
Violation of any section of Chapter 139. Noise, of the Town of Poughkeepsie Code.
Trespassing.
Exposure of a person or public lewdness.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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.
As used in this article, the following terms shall have the
meanings indicated:
Any all-terrain vehicle as defined in § 2281 of
the Vehicle and Traffic Law of the State of New York.
Any limited-use motorcycle as defined in § 121-
b of the Vehicle and Traffic Law of the State of New York.
Any non-exempt AVT, motorcycle, limited-use motorcycle or
off-highway motorcycle as defined in this section.
Any off-highway motorcycle as defined in § 125-a
of the Vehicle and Traffic Law of the State of New York.
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.
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.
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.
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).
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.
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.
