The Village Board of the Village of Nassau finds that public nuisances
exist in the Village of Nassau in the operation of certain commercial establishments
and the use or alteration of property in flagrant violation of the building
code, zoning resolution, health laws, Multiple Dwelling Law and Penal Law
regulating obscenity and related conduct, all of which interfere with the
interest of the public in the quality of life and total community environment,
the tone of commerce in the village, further property values and the public
health, safety and welfare; the Village 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 Nassau and the businesses
thereof. It is the purpose of the village to create one standardized procedure
for securing legal and equitable remedies relating to the subject matter encompassed
by this chapter, without prejudice to the use of procedures available under
existing and subsequently enacted laws, and to strengthen existing laws on
the subject.
This chapter shall be known as the "Nuisance Abatement Law."
The following are declared to be public nuisances:
A. Any building, erection or place, including one- or two-family
dwellings, used for the purpose of obscene performances. The term "obscene"
shall have the same meaning as that term is defined in Subdivision 1 of § 235.00
of the Penal Law. The term "performance" shall have the same meaning as that
term is defined in Subdivision 3 of § 235.00 of the Penal Law. Two
or more convictions, as defined in Subdivision 13 of § 1.20 of the
Criminal Procedure Law, of persons for production, presentation or direction
of an obscene performance or for participation in such performance, in the
building, erection or place, including one- or two-family dwellings, within
the one-year period preceding the commencement of an action under this chapter,
shall be presumptive evidence that the building, erection or place, including
one- or two-family dwellings, is a public nuisance.
B. Any building, erection or place, including one- or two-family
dwellings, used for the purpose of promotion of obscene material. The term
"obscene" shall have the same meaning as that term is defined in Subdivision
1 of § 235.00 of the Penal Law. The term "material" shall have the
same meaning as that term is defined in Subdivision 2 of § 235.00
of the Penal Law. Two or more convictions, as defined in Subdivision 13 of
§ 1.20 of the Criminal Procedure Law, of persons for promotion of
or possession with intent to promote obscene material in the building, erection
or place, including one- or two-family dwellings, within the one-year period
preceding the commencement of an action under this chapter, shall be presumptive
evidence that the building, erection or place, including one- or two-family
dwellings, is a public nuisance.
C. Any building, erection or place, including one- or two-family
dwellings, used for the purpose of a business, activity or enterprise which
is not licensed as required by law.
D. Any building, erection or place, including one- or two-family
dwellings, wherein there exists or is occurring a violation of the Zoning
Law.
E. Any building, erection or place, including one- or two-family
dwellings, wherein there is occurring a criminal nuisance as defined in § 240.45
of the Penal Law.
This subchapter shall be applicable to the public nuisances defined in Subsections
C,
D and
E of §
79-3 of this chapter.
The Village Attorney shall show, by affidavit and such other evidence
as may be submitted, that there is a cause of action for the permanent injunction
abating a public nuisance within the scope of this chapter.