Public nuisance includes but shall not be limited
to:
A.
Any premises used for the purpose of illegal use,
possession, sale, manufacture or distribution of a controlled substance
or marijuana as defined in Articles 220 and 221 of the New York State
Penal Law;
B.
Any premises used for the purpose of prostitution,
promoting prostitution or patronizing a prostitute as defined in Article
230 of the New York State Penal Law;
C.
Any premises used for the purpose of illegal gambling
as defined in Article 225 of the New York State Penal Law;
D.
Any premises used for the purpose of illegal possession,
use or sale of firearms or weapons as defined in Article 265 of the
New York State Penal Law;
E.
Any premises used for the purpose of illegal sale,
manufacture, consumption of alcoholic beverages as defined by the
New York State Alcoholic Beverage Control Law and Ulster County Social
Host Law;
F.
Any premises used for the purpose of possessing or
selling stolen property, as defined in Article 165 of the New York
State Penal Law, and/or illegal possession of a vehicle identification
number as defined in §§ 170.70 and 170.71 of the New
York State Penal Law;
G.
Any premises wherein there exists a criminal nuisance
as defined by §§ 240.45 and/or 240.46 of the New York
State Penal Law;
H.
Any premises wherein, within the period of one year
prior to the commencement of an action under this chapter, there have
occurred three or more incidents of one or any combination of disorderly
conduct (Penal Law § 240.20), harassment (Penal Law §§ 240.25
and 240.26), aggravated harassment (Penal Law §§ 240.30
and 240.31), assault and related offenses (Penal Law §§ 120.00,
120.01, 120.02, 120.05, 120.06, 120.07, 120.08, 120.10, 120.11, 120.12,
120.13, 120.14, 120.15, 120.20, 120.25, 120.50, 120.55 and 120.60);
I.
Any premises wherein occupants, guests or business invitees commit three or more incidents within a period of 60 days which interfere with the rights common to all members of the community to the use and enjoyment of their property. Such chronic public nuisances include, but are not limited to, sexual abuse, endangering the welfare of a child, criminal mischief, and offenses against public sensibilities, as defined in the Penal Law of New York State; graffiti and noise disturbance, as defined in Chapters 250 and 300 of this Code; domestic violence and intimidation; and is amended to include the following chapters of the City of Kingston Code:
[Amended 12-7-2010 by L.L. No. 8-2010, approved 12-16-2010]
|
Chapter 130
|
Advertisements and Billboards
| |
|
Chapter 135
|
Air Pollution and Smoke Control
| |
|
Chapter 145
|
Alcoholic Beverages
| |
|
Chapter 148
|
All-Terrain Vehicles
| |
|
Chapter 151
|
Animals
| |
|
Chapter 166
|
Blasting
| |
|
Chapter 172
|
Building Construction
| |
|
Chapter 191
|
Curfew
| |
|
Chapter 195
|
Disorderly Conduct
| |
|
Chapter 198
|
Drugs and Drug Paraphernalia
| |
|
Chapter 211
|
Excavation Hazards
| |
|
Chapter 223
|
Firearms
| |
|
Chapter 233
|
Fire Preventions
| |
|
Chapter 255
|
Hazardous Materials
| |
|
Chapter 264
|
Historic and Architectural Design Districts
| |
|
Chapter 268
|
Illicit Discharges
| |
|
Chapter 313
|
Pawn Brokers
| |
|
Chapter 318
|
Peddling and Soliciting
| |
|
Chapter 332
|
Rental Properties
| |
|
Chapter 335
|
Sales of Merchandise
| |
|
Chapter 350
|
Solid Waste
| |
|
Chapter 355
|
Streets and Sidewalks
| |
|
Chapter 373
|
Trees
| |
|
Chapter 376
|
Trucks, Parking of
| |
|
Chapter 384
|
Motor Vehicles, Abandoned
| |
|
Chapter 390
|
Vehicles and Traffic
|
J.
Any premises used for the purpose of a business, activity
or enterprise which is not licensed as required by law;
N.
Any premises used for the purpose of obscene performances
as defined in Article 235 of the New York State Penal Law;
O.
Any premises used for the purpose of promotion of
obscene material as defined in Article 235 of the New York State Penal
Law.
No owner, operator, manager, tenant, lessee
or other occupier of a premises shall knowingly conduct, maintain,
permit or allow the existence of a public nuisance at such premises.
A.
Presumption of knowledge. Notice by first-class mail or personal service delineating incidents of public nuisance, as defined in § 199-3 of this chapter, to the property owner, operator, manager, landlord, tenant, lessee or other occupier of a premises shall be prima facie evidence of knowledge of the public nuisance to the recipient of such notice.
B.
Criminal convictions as presumption of the existence of a public nuisance. Two or more criminal convictions of a tenant or occupant of a premises for any of the activities set forth in § 199-3 of this chapter, arising out of conduct in, at or on such premises, within a two-year period prior to the commencement of a civil action and/or an administrative hearing pursuant to this chapter, shall be prima facie evidence of the existence of a public nuisance and of the owner's, operator's, manager's, or landlord's knowledge of such public nuisance.
C.
Other evidence of prohibited conduct as presumption
of a public nuisance. The existence of two or more incidents of the
following activities at a premises within a one-year period prior
to the commencement of a civil action and/or an administrative hearing
shall be prima facie evidence of the existence of a public nuisance:
(1)
Arrest for any of the activities set forth in the definition of public nuisance in § 199-3 of this chapter occurring at a premises.
(2)
The execution of a search warrant at premises where
controlled substances, marijuana, stolen property, and/or illegal
weapons are seized.
(3)
Investigative purchase of illegal controlled substances
or marijuana at a premises by law enforcement agencies or their agents.
(4)
Any premises which have been posted one or more instances within
one year of the filing of a violation; or
[Added 12-7-2010 by L.L. No. 8-2010, approved 12-16-2010]
(5)
Any premises that have been posted one or more instances and not
abated the posting within 60 days; or
[Added 12-7-2010 by L.L. No. 8-2010, approved 12-16-2010]
(6)
Any premises wherein there exist two or more of repeat and/or similar
violations occurring and when the owner of the property was forced
to abate said violation within 60 days, except in circumstances where
the health, safety and welfare of the public is affected by the nuisance.
[Added 12-7-2010 by L.L. No. 8-2010, approved 12-16-2010]
D.
Reputation as competent proof. Evidence of the common fame and general reputation of a premises or of the tenants or occupants thereof shall be competent evidence to prove the existence of a public nuisance defined in § 199-3 of this chapter. If such evidence is sufficient to establish the existence of the public nuisance, it shall be prima facie evidence of knowledge thereof and the acquiescence for the nuisance on the part of the owner, operator, manager, or landlord of such premises.
