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]
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Advertisements and Billboards
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Air Pollution and Smoke Control
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Alcoholic Beverages
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All-Terrain Vehicles
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Animals
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Blasting
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Building Construction
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Curfew
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Disorderly Conduct
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Drugs and Drug Paraphernalia
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Excavation Hazards
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Firearms
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Fire Preventions
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Hazardous Materials
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Historic and Architectural Design Districts
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Illicit Discharges
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Pawn Brokers
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Peddling and Soliciting
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Rental Properties
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Sales of Merchandise
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Solid Waste
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Streets and Sidewalks
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Trees
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Trucks, Parking of
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Motor Vehicles, Abandoned
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Vehicles and Traffic
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J. Any premises used for the purpose of a business, activity
or enterprise which is not licensed as required by law;
K. Any premises wherein there exists or is occurring
a violation of the Zoning Ordinances of the City of Kingston;
L. 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;
M. Any premises which is an unsafe building as defined in Chapter
178 of this Code.
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.