[HISTORY: Adopted by the Board of Trustees of the Village of Orchard Park at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
The Board of Trustees of the Village of Orchard Park finds that "quality of life" issues are of paramount importance to citizens of Orchard Park, affecting not only their physical well-being and safety but their very sense of urban self. Persons engaged in unlawful conduct in public places harass and unduly interfere with the lawful use and enjoyment of such public places, thereby constituting a danger to the public health and safety. The Board of Trustees therefore finds it appropriate for the protection of the public safety and welfare to enact legislation to ensure that public safety is not jeopardized by acts of loitering when they are committed for the purpose of intimidation, coercion, harassment, or menacing or assaultive conduct in violation of applicable state law. In addition, the Village of Orchard Park has identified a significant trade in controlled substances and marijuana on the streets of the Village of Orchard Park with the resulting increase in crimes related to such street trade. The purpose of the following provisions of this chapter is to add to the crime-fighting abilities of the Village of Orchard Park Police Department by prohibiting loitering for the specific illegal purposes of possessing or using marijuana or a controlled substance.
As used in this chapter, the following terms shall have the meanings indicated:
- CONTROLLED SUBSTANCE
- Any substance listed in Schedule I, II, III, IV or V of § 3306 of the Public Health Law other than marijuana.
- Marijuana or concentrated cannabis, as those terms are defined in § 3302 of the Public Health Law.
- A. Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except:
- B. The term "motor vehicle" shall exclude fire and police vehicles.
- PUBLIC PLACE
- A place to which the public or a substantial group of persons has access, and includes but is not limited to any street, highway, sidewalk, bridge, alley or alleyway, plaza, park, parking lot or transportation facility, school, place of amusement or playground or the doorways and entranceways to any building which fronts on any of the aforesaid places or a motor vehicle in or on any such place and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
No person shall loiter or remain in a public place for the purpose of:
Obstructing vehicular or pedestrian traffic, in a manner that would constitute a violation of § 240.20 of the New York State Penal Law;
Engaging in fighting or in violent, tumultuous or threatening behavior in a manner that would constitute a violation of § 240.20 of the New York State Penal Law; or
Engaging in a course of conduct designed to harass, seriously annoy or alarm another person and which serves no other legitimate purpose, and in a manner that would constitute a violation of § 240.26 of the New York State Penal Law.
No person shall loiter or remain in or about the premises of any commercial business entity for a purpose unconnected with lawful business or related activities, not having any specific legitimate reason for being there and not having permission from anyone authorized to grant the same. A legitimate reason shall be a reason connected to the purpose for which the commercial business entity exists.
Loitering for the purpose of using or possessing marijuana or a controlled substance prohibited.
A person is guilty of loitering when he or she loiters or remains in a public place for the purpose of possessing or using marijuana or a controlled substance.
In order to make an arrest of a person under this Subsection C, a police officer or other person must have observed conduct of the subject individually or in conjunction with another which would reasonably lead a police officer to the conclusion that the subject is present for the purpose of using or possessing marijuana or a controlled substance.
Among the circumstances that may be considered by law enforcement officers in determining whether a violation of this chapter has occurred are the following:
The person engages in furtive gestures or movements manifesting or endeavoring an attempt to conceal himself or herself or an object;
The person takes immediate flight upon appearance or identification of a law enforcement officer; or
The person is observed repeatedly following another person or persons in or about a public place or places.
No provision of this chapter shall be construed or interpreted so as to prohibit expression protected by the laws of the United States or New York State or to prohibit acts authorized by a permit issued pursuant to Chapter 166, Peddlers and Solicitors, of this Code.
Any person found guilty of a violation of this chapter shall be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both.
The provisions of this chapter shall be enforced by the Village of Orchard Park Police Department and any other police officer or peace officer or other person who can lawfully make an arrest.