[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:
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 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.
A.
No person shall loiter or remain in a public place for the purpose
of:
(1)
Obstructing vehicular or pedestrian traffic, in a manner that would
constitute a violation of § 240.20 of the New York State
Penal Law;
(2)
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
(3)
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.
B.
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.
C.
Loitering for the purpose of using or possessing marijuana or a controlled
substance prohibited.
(1)
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.
(2)
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:
A.
The person engages in furtive gestures or movements manifesting or
endeavoring an attempt to conceal himself or herself or an object;
B.
The person takes immediate flight upon appearance or identification
of a law enforcement officer; or
C.
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.
