The Board of Trustees of the Village of Groton finds that public
nuisances exist in the Village of Groton in the operation of certain
establishments and the use of property in flagrant violation of certain
Penal Law and Municipal Code provisions, which nuisances substantially
and seriously interfere with the interest of the public in the quality
of life and total community environment, commerce in the Village,
property values and the public health, safety and welfare. The Board
further finds that the continued occurrence of such activities and
violations is detrimental to the health, safety and welfare of the
people of the Village of Groton and of the businesses thereof and
the visitors thereto. It is the purpose of the Board to authorize
and empower the Mayor to impose sanctions and penalties for such public
nuisances, and such power of the Mayor may be exercised either in
conjunction with, or apart from, the powers contained in other laws
without prejudice to the use of procedures and remedies available
under such other laws. The Board further finds that the sanctions
and penalties imposed by the Mayor pursuant to this chapter constitute
an additional and appropriate method of law enforcement in response
to the proliferation of the above described public nuisances. The
sanctions and penalties are reasonable and necessary in order to protect
the health and safety of the people of the Village and to promote
the general welfare.
This chapter shall be known as the "Property and Building Nuisance
Law."
As used in this chapter, the following terms shall have the
meanings indicated:
ADVERSE IMPACT
Includes, but is not limited to, the following: any search
warrants served on the property where controlled substances and/or
weapons were seized; investigative purchases of controlled substances
on or near the property by law enforcement agencies or their agents;
arrests for violations of controlled substance law and or possession
of weapons; loitering for the purposes of engaging in illegal activity;
an increase in the volume of traffic associated with the property;
complaints made to law enforcement officials of illegal activity associated
with the property, finding of illegal weapons, as defined in § 265
of the Penal Law, or controlled substances, as defined in Articles
220 and 221 of the Penal Law, on or near the property by law enforcement
officials and their agents.
BUILDING
A structure where space is covered or enclosed for the use,
shelter, storage or protection of persons, animals, chattel or property
of any kind, and which is permanently affixed to the land.
BUILDING, ACCESSORY
A building subordinate to the principal building on the lot
and used for purposes which are clearly related but incidental to
that of said principal building.
BUSINESS
An activity, occupation, employment or enterprise which requires
time, attention, labor and material and wherein merchandise is exhibited
or sold, or services offered.
BUSINESS OFFICE
A building or portion thereof utilized to accommodate the
activities of a business.
CONVICTION
A conviction for an offense in a court of competent jurisdiction
or an administrative bureau shall not be required. Instead, the Village
shall prove by a preponderance of the evidence that the violations
have occurred. However, a conviction as defined and applied in accordance
with the provisions of § 1.20 of the Criminal Procedure
Law, in any court of competent jurisdiction, or a plea of guilty shall
constitute conclusive proof of a violation. Conviction of an attempt
to commit a violation of any of the specified provisions shall be
considered a conviction for a violation of the specified provision.
DISTURBANCE
Actions, behavior, or conduct by person or persons at a particular
location that disturbs the peace.
KNOWLEDGE OF PUBLIC NUISANCE
The presumption of knowledge provided by Subdivision 1 of
§ 235.10 of the Penal Law shall be applicable to this chapter.
Notice, by mail or personal service, of activities entailing a public
nuisance, to the property owner of record shall be evidence of knowledge
of the public nuisance.
LOT
A parcel of land, with or without buildings or structures,
delineated by lot line and having access to a street as defined in
this chapter.
PUBLIC NUISANCE
For the purposes of Article
III, a public nuisance shall be deemed to exist whenever, through violations of any of the following provisions resulting from separate incidents at a building, erection or place, or immediately adjacent to the building, erection or place as a result of the operation of the business, 12 or more points are accumulated within a period of six months, or 18 or more points within a period of 12 months, in accordance with the following point system. Where more than one violation occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation. For any repeat violation of a specific violation listed below within an eighteen-month period, the points for the second and any additional violation will be doubled.
A.
The following violations shall be assigned a point value of
two points:
(1)
Sections 240.36 and 240.37 of the Penal Law (loitering in the
first degree)
(2)
Suffering or permitting the premises to become disorderly, including
suffering or permitting fighting or lewdness.
(3)
Chapter
131, Noise, of the Code of the Village of Groton.
(4)
Chapter
119, Garbage, Rubbish and Refuse, of the Code of the Village of Groton.
(5)
Chapter
87, Dogs and Other Animals, of the Code of the Village of Groton regarding howling dogs, and/or repetitive barking, number of dogs, unlicensed dogs and dangerous or nuisance dogs.
B.
The following violations shall be assigned a point value of
four points:
(1)
Disorderly conduct by individual or individuals.
(2)
Any violation of Chapter
119, Garbage, Rubbish and Refuse, of the Code of the Village of Groton, or Chapter
153, Property Maintenance, of the Code of the Village of Groton. Each repeat offense is an additional four points.
(3)
General disturbances at a particular location.
(4)
Article 225 of the Penal Law (gambling offenses).
(5)
Any violation of the Alcoholic Beverage Control Law.
(6)
Section 415-a of the Vehicle and Traffic Law (vehicle dismantlers).
(7)
Sections 170.65 and 170.70 of the Penal Law (forgery or illegal
possession of a vehicle identification number).
(8)
Possession, use, sale or offer for sale of any alcoholic beverage
in violation of Article 18 of the Tax Law, or of any cigarette or
tobacco products in violation of Article 20 of the Tax Law.
(9)
Any violation of the Agriculture and Markets Law.
C.
The following violations shall be assigned a point value of
six points:
(1)
Article 178 of the Penal Law (criminal diversion of prescription
medications and prescriptions).
(2)
Article 220 of the Penal Law (controlled substances offenses).
(3)
Article 221 of the Penal Law (offenses involving marijuana).
(4)
Sections 165.15(6), (7), and (8), 165.40, 165.45, 165.50, 165.52,
165.54, 165.71, 165.72 and 165.73 of the Penal Law (criminal possession
of stolen property).
(5)
Article 158 of the Penal Law (welfare fraud).
(6)
Section 147 of the Social Services Law (food stamp program fraud).
(7)
Section 2024 of Title 7 of the United States Code (illegal use
of food stamps).
(8)
Any commercial violations of Chapter
200, Zoning, of the Code of the Village of Groton.
(9)
Allowing persons on the premises in excess of occupancy limits.
(10)
Section 3383 of the Public Health Law (imitation controlled
substances).
(11)
Operating a premises without the requisite certificate of use in violation of Chapter
200, Zoning, of the Code of the Village of Groton.
(12)
Any violation of Chapter
71, Buildings and Land, Unsafe, of the Code of the Village of Groton. Each repeat offense is an additional six points.
D.
The following violations shall be assigned a point value of
10 points:
(1)
Article 230 of the Penal Law (prostitution offenses).
(2)
Article 265 of the Penal Law (firearms and other dangerous weapons).
(3)
Sections 260.20 and 260.21 of the Penal Law (unlawfully dealing
with a child).
(4)
Article 263 of the Penal Law (sexual performance by a child).
(5)
Loitering for the purpose of engaging in a prostitution offense.
E.
The following violation shall have a point value of 12 points:
penal law violations other than those set forth above, including but
not limited to murder, attempted murder, assault, attempted assault,
sex offenses, etc.
TESTIMONY
Oral, written or other documented evidence tending to show
or prove the truth of the matter asserted.
VIOLATION
Conduct, or evidence of conduct, prohibited under this chapter.
A violation does not require criminal prosecution and conviction but
only a preponderance of evidence that the prohibited conduct is occurring
or has occurred. Evidence of prohibited conduct may include, but is
not limited to, police reports, investigative reports, execution of
search warrants, results of police surveillance, arrest and/or conviction
of local and state and federal laws, activities associated with trafficking
of controlled substances, finding of weapons and/or controlled substances
on or near the property, increased volume of traffic associated with
the property.
YARD
An open area on a lot which is open to the sky and that is unoccupied by any land use or activity except as may otherwise be provided in Chapter
200, Zoning, of the Code of the Village of Groton.