City of Kingston, NY: Public nuisances enumerated.

Public nuisance includes but shall not be limited to:

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;

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;

Any premises used for the purpose of illegal gambling as defined in Article 225 of the New York State Penal Law;

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;

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;

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;

Any premises wherein there exists a criminal nuisance as defined by §§ 240.45 and/or 240.46 of the New York State Penal Law;

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);

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

Any premises used for the purpose of a business, activity or enterprise which is not licensed as required by law;

Any premises wherein there exists or is occurring a violation of the Zoning Ordinances of the City of Kingston;[1]

[1]

Editor's Note: See Ch. 405, Zoning.

Any premises wherein there exists or has occurred a noise disturbance as defined by the noise control law of the City of Kingston under Article I, Chapter 300 of this Code;

Any premises which is an unsafe building as defined in Chapter 178 of this Code.

Any premises used for the purpose of obscene performances as defined in Article 235 of the New York State Penal Law;

Any premises used for the purpose of promotion of obscene material as defined in Article 235 of the New York State Penal Law.

§ 199-4 Nuisance prohibition.

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.

§ 199-5 Presumptive evidence.

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.

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.

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]

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.