[HISTORY: Adopted by the Village Board of the Village of Port Chester 2-2-1998
by L.L. No. 2-1998. Amendments noted where applicable.]
The Board of Trustees finds that public nuisances exist in the Village
of Port Chester in the operation of certain establishments and the use of
property in flagrant violation of the penal laws relating to prostitution,
obscenity, gambling, controlled substances, dangerous drugs, stolen property
and laws relating to the sale and consumption of alcoholic beverages, all
of which 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 Port Chester
and of the businesses thereof and the visitors thereto. It is the purpose
of the Board to authorize and empower the Chief of Police to impose sanctions
and penalties for such public nuisances, and such powers of the Chief of Police
may be exercised either in conjunction with or apart from other laws without
prejudice to the use of procedures and remedies available under such laws.
The Board further finds that the sanctions and penalties imposed by the Chief
of Police 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.
A.
For the purposes of this section and § 246-3, the following are declared to be public nuisances:
(1)
Any building, structure or place where violations of any of the provisions of Article 230 and Article 235 of the Penal Law are occurring and where two or more violations of such provisions which have resulted in two or more criminal convictions have occurred within the twelve-month period of time prior to the commencement of a proceeding pursuant to § 246-3. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the provisions of such articles has been made within 30 days prior to the issuance of notice pursuant to § 246-3.
(2)
Any building, structure or place where violations of any of the provisions of Article 220, Article 221 or Article 225 of the Penal Law are occurring and where two or more violations of such provisions which have resulted in two or more criminal convictions have occurred within the twelve-month period of time prior to the commencement of a proceeding pursuant to § 246-3. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the provisions of such articles has been made within 60 days prior to the issuance of notice pursuant to § 246-3.
(3)
Any building, structure or place where violations of any of the unlawful activities set forth in § 123 of the Alcoholic Beverage Control Law are occurring and where two or more violations of such provisions which have resulted in two or more criminal convictions have occurred within the twelve-month period of time prior to the commencement of a proceeding pursuant to § 246-3. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the unlawful activities set forth in such section has been made within 60 days prior to the issuance of notice pursuant to § 246-3.
(4)
Any building, structure or place where violations of any of the provisions of § 165.40, § 165.45, § 165.50, § 170.70 or § 175.10 of the Penal Law or § 415-a of the Vehicle and Traffic Law are occurring and where two or more violations of such provisions which have resulted in two or more criminal convictions have occurred within the twelve-month period of time prior to the commencement of a proceeding pursuant to § 246-3. It shall be prima facie evidence that violations are occurring where an arrest for a violation for any of the provisions of such sections has been made within 60 days prior to the issuance of notice pursuant to § 246-3.
(5)
Any building, structure or place wherein violations of the provisions of § 240.45 of the Penal Law are occurring and where two or more criminal convictions have occurred within the twelve-month period of time prior to the commencement of a proceeding pursuant to § 246-3. It shall be prima facie evidence that violations are occurring where an arrest for a violation for any of the provisions of such sections has been made within 60 days prior to the issuance of notice pursuant to § 246-3.
B.
For the purposes of this section, "conviction" shall
be defined and applied in accordance with the provisions of § 1.20
of the Criminal Procedure Law.
A.
In addition to the enforcement procedures set forth in
this Code and any other law the Chief of Police or his designee, after notice
and opportunity for a hearing, shall be authorized:
B.
Prior to the issuance of orders by the Chief of Police or his designee pursuant to Subsection A of this section, the Chief or his designee shall give notice and opportunity for a hearing to the owner, lessor, lessee and mortgagee of a building, structure or place wherein the public nuisance is being conducted, maintained or permitted. All notice required herein shall be made pursuant Article 3 of the Civil Practice Law and Rules. The person in whose name the real estate affected by the orders of the Chief or his designee is recorded in the office of the Assessor or the County Clerk, as the case may be, shall be presumed to be the owner thereof. The lack of knowledge of, acquiescence or participation in or responsibility for a public nuisance on the part of the owners, lessors, lessees, mortgagees and all those persons in possession of or having charge of as agent or otherwise or having any interest in the property, real or personal, used in conducting or maintaining the public nuisance shall not be a defense by such owners, lessors and lessees, mortgages and such other persons.
C.
Orders of the Chief or his designee issued pursuant to
this section shall be posted at the building, structure or place where a public
nuisance exists or is occurring in violation of law and shall be mailed to
the owner of record thereof within one business day of the posting.
E.
Where the Chief or his designee closes a building, structure or place pursuant to Subsection B of this section, such closing shall be for such period as the Chief or his designee may direct, but in no event shall the closing be for a period of more than one year from the posting of the order pursuant to Subsection C of this section. If the owner, lessor or lessee shall file a bond in an amount determined by the Chief or his designee, but which may not exceed the value of the property ordered to be closed, and submit proof satisfactory to the Chief or his designee that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, structure or place has been directed to be closed by the order of the Chief or his designee, the Chief or his designee may vacate the provisions of the order that direct the closing of the building, structure or place.
F.
A closing directed by the Chief or his designee pursuant to Subsection A(2) of this section shall not constitute an act of possession, ownership or control by the village of the closed premises.
G.
It shall be a misdemeanor for any person to use or occupy
or to permit any other person to use or occupy any building, structure or
place or portion thereof ordered closed by the Chief or his designee. Mutilation
or removal of a posted order of the Chief shall be punishable by a fine of
not more than $250 or by imprisonment not exceeding 15 days, or both, provided
that such order contains a notice of such penalty.
H.
Intentional disobedience or resistance, or resistance
to any provision of the orders issued by the Chief or his designee pursuant
to this section, in addition to any other punishment prescribed by law, shall
be punishable by a fine of not more than $5,000 or by imprisonment not exceeding
six months, or both.
