[HISTORY: Adopted by the City Council of
the City of Lackawanna 12-7-1987 as Ch. 65, Arts. I, IV and VII of the 1987 Code. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Public Conduct Law of the City of Lackawanna, New York."
The purpose of this chapter is to maintain order,
protect property and preserve and care for the safety, health, comfort
and general welfare of the inhabitants of the City and visitors thereto.
No person shall accost any other person who
shall be passing along any street or sidewalk within the City and
solicit him or her to purchase any goods, wares or merchandise kept
for sale at any store, house, or place of business or to solicit him
or her to enter any such store, house or place of business to examine
or purchase any goods, wares or merchandise kept therein for sale.[2]
[1]
Editor's Note: Former Section 65.41, Abandoned
iceboxes and similar containers, which immediately preceded this section,
was deleted 2-22-2005 by L.L. No. 2-2005.
[2]
Editor's Note: Former Section 65.43, Curfew
for minors, which immediately followed this section, was deleted 2-22-2005
by L.L. No. 2-2005.
A.
Posting bills, notices, etc. No person shall attach
or cause or allow any of his or her subordinates or employees to attach
to any lamppost, telegraph or telephone pole, hydrant or box covering
the same, or any erection or building wherever situated within the
City or upon any public streets, avenues, lanes, alleys or public
places in the City, any bills, notices, letters, pictures or characters
of any kind whatsoever for the advertising of any show, performance,
business or entertainment without the consent of the Council. The
Council may direct that any materials posted in violation of this
section be removed and destroyed.
B.
Throwing missiles. It shall be unlawful for any person
to throw stones, snowballs or other missiles in any of the streets
or public places of the City.
C.
Games in streets. No person shall play ball or any
other game at any time in the streets of the City.
D.
Riots, disturbances. No person shall make or assist
in the making of any riot or disturbance at any house, shop or store
or on any street, sidewalk or any public place within the City.
No person shall discharge any firearm, air gun,
spring gun, sling shot or other instrument or weapon within the City
except in self defense or in the discharge of official duty or during
a memorial service or veteran's funeral or at an indoor rifle range
operated under the supervision, guidance and instruction of a duly
commissioned officer of one of the Armed Forces, including the National
Guard and Reserve forces, or a duly qualified adult citizen of the
United States who has been granted a certificate as an instructor
of small arms practice issued by one of the Armed Forces of the United
States, the Adjutant General of the State, or by the National Rifle
Association of America or at a lawful amusement licensed by the City.
A.
Prohibited. No person shall have in his or her possession,
offer, sell, loan, lease or give to any person any knife which has
a blade which opens automatically by hand pressure applied to a button,
spring or other device in the handle of the knife, or any BB gun,
air pistol or air rifle or similar instrument in which any loaded
or blank cartridges are used or may be used, or any loaded or blank
cartridges or ammunition therefor.
B.
Possession declared nuisance; disposal. The carrying or possession by any person of any of the instruments enumerated in Subsection A, excepting a police or military officer, is a nuisance. When such instruments are taken from the possession of any person unlawfully carrying or possessing them they shall be surrendered to the Chief of Police to be disposed of or destroyed in the manner provided by law.
C.
Use at places of amusement. The sale and delivery
of instruments specified herein or the use of such instruments in
connection with a lawful amusement licensed by City or at a rifle
or pistol range duly authorized by law shall not be considered a violation
hereof.
D.
Bows and arrows; slingshots. It shall be unlawful
for any person to shoot with or use a bow and arrow or slingshot in
any of the streets or public places of the City.
No person shall hold or hang onto or get upon
any railroad car, locomotive or other vehicle for the transportation
of passengers while the same is in motion; nor shall any person within
the limits of the City get upon any such car, locomotive or other
vehicle at any time without the permission of the person in charge
of said car, locomotive or other vehicle.
A.
No person shall bring, carry or possess any glass
container in or upon the premises of the Lackawanna Stadium located
on South Park Avenue or in or upon any public playground, park or
ball field in the City.
B.
No person shall deposit, throw or place any glass
container or broken glass in or upon the premises of the Lackawanna
Stadium or in or upon any public playground, park or ball field in
the City.
[Added 8-6-2007]
A.
LOITER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
To be dilatory; to be slow in movement; to stand around or
move slowly about; to stand idly around; to spend time idly; to saunter;
to delay; to idle; to linger; to lag behind.
B.
No person shall loiter in or around public buildings
or obstruct corridors, stairways or doorways so as to prevent free
access by members of the public, officers or employees. No person
shall by his or her presence or by means either alone or in concert
with others interfere with or interrupt the conduct of business in
the offices located in any such buildings.
C.
No person shall loiter in or upon any public sidewalk,
street, bridge, public building or place or obstruct the use thereof
so as to prevent free and reasonable access by other members of the
public or prevent the exercise of duties by public officers or employees.
(1)
No person shall sit or lie down upon a public sidewalk in the City
of Lackawanna; provided, however, that this prohibition shall not
apply to any person:
[Added 6-21-2016]
(2)
No exception listed above shall be construed to permit any conduct
which willfully obstructs the free movement of persons upon a sidewalk
or which is otherwise prohibited by the City Code.
[Added 6-21-2016]
D.
No person shall loiter or prowl in a place, at a time,
or in a manner not usual for law-abiding individuals under circumstances
that warrant alarm for the safety of persons or property in the vicinity.
E.
This section shall take effect immediately.
[Added 9-5-2018]
A.
A false alarm shall be defined as the activation of a fire, burglar,
robbery or other similar alarm system resulting in a response for
the Fire Department, Police Department, or other public safety officials
when, upon determination of the responding officials, there is no
evidence of the existence of the condition or activity the alarm was
designed to detect.
B.
For the purpose of this section, persons shall be defined as any
person, firm, partnership, company, corporation, association or other
legal entity who is the owner, tenant, lessee or occupant of any building,
structure, facility or premises where an alarm system is present.
C.
It shall be unlawful for any person or persons to willfully, knowingly
or through inadvertence, malfunction, mechanical failure, improper
installation or improper maintenance to cause or allow the activation
of a false alarm.
D.
Procedure. Upon the response by the fire, police or other public
safety departments, the official in charge shall determine if there
was a false alarm and shall indicate that fact on the incident report
and shall report said false alarm to the Fire Chief, Chief of Police
and Director of Public Safety.
E.
F.
Appeals. Any person charged under this section shall have the right
to appeal the determination of a false alarm charge. Said appeal must
be made, in writing, within 30 days of receipt of the false alarm
notice to the Director of Public Safety who will decide said appeal.
