[HISTORY: Adopted by the Common Council of the City of Kingston 12-20-2011 by L.L. No.
1-2012, approved 1-5-2012. Amendments noted where applicable.]
GENERAL REFERNECES
Alcoholic beverages — See Ch. 145.
Curfew — See Ch. 191.
Disorderly conduct — See Ch. 195.
Dangerous weapons — See Ch. 197.
Drugs and drug paraphernalia — See Ch. 198.
Nuisances — See Ch. 199.
Firearms — See Ch. 223.
Graffiti — See Ch. 250.
Noise — See Ch. 300.
Parks and recreational facilities — See Ch. 310.
Public transportation — See Ch. 324.
Litter and trash — See Ch. 350.
The City has become aware of the increased incidence of acts
of vandalism, criminal mischief and similar offenses perpetrated by
minors. It is believed that increased parental responsibility for
the actions of their children and wards is essential for the effective
prevention and control of such juvenile offenses. This chapter is
promulgated to provide means for alleviating this problem and to ensure
the safety of the property of the residents and taxpayers of the City
of Kingston.
As used in this chapter, unless the context otherwise requires,
the following terms specified shall have the meanings ascribed to
them:
A person appointed guardian or given custody of a minor by
a court of this state.
A person who is above the age of eight years but not yet
18 years of age.
A.
The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be responsible for, in the absence of evidence to the contrary, having failed to exercise proper parental responsibility if the parent has knowledge of the child's potential for misconduct. Parental knowledge is established by the minor having two or more violations within a six-month period; and said minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian in violation of this chapter upon the occurrence of the events described in Subsection A (1), (2), (3) and (4) below:
(1)
An unemancipated minor residing with said parent or legal guardian
is adjudicated to be in violation of any state or City ordinance,
law or statute prohibiting the following acts:
(a)
Trespassing.
(b)
Defacing the property of another, including the addition of
graffiti to said property.
(c)
Destroying any property of another.
(d)
Assault.
(e)
The destruction or defacing of public property owned by the
government of the city, county or state, including the addition of
graffiti to said property.
(f)
The destruction of playground equipment and public parks.
(g)
The consumption of alcoholic beverages on a public street.
(h)
Public intoxication.
(i)
Begging, panhandling or soliciting.
(j)
Throwing, casting or placing any garbage, waste, papers, ashes,
sewage, refuse, junk, rubbish, circulars, glasses, bottles, cans,
dead animals or any other type of waste matter on any property, public
or private, except in such areas as may be officially designated and
licensed by a municipality, including the City of Kingston.
(k)
Throwing or depositing litter in or upon any private property
or upon any street, sidewalk, park or other public place or property
within the City, except in public receptacles or in official City
dumps; and "litter" shall include but not be limited to such items
as paper, wrappings, cigarettes, cardboard, tin cans, leaves, wood,
glass, crockery, bottles and similar materials.
(l)
Indecent exposure.
(m)
Conduct or behavior in a public place in such manner as to:
(n)
The making of unsolicited, audible remarks in a public place
of an offensive, disgusting or insulting nature or which are calculated
to annoy or disturb the person to whom or in whose hearing they are
made.
(o)
Making, continuing or causing to be made or continued any loud,
unnecessary or unusual noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of others; or creating any unreasonably loud, disturbing and unnecessary
noise of such character, intensity or duration as is detrimental to
the life or health of any individual or person within the limits of
the City of Kingston or is offensive to persons of ordinary sensibilities;
or the possession and/or use of a controlled dangerous substance,
as the same shall be defined a violation of any penal statute under
the laws of the State of New York, as amended from time to time.
(p)
Petit larceny or grand larceny as a felony under the New York
State Penal Law.
(2)
A fact-finding determination pursuant to the Family Court Act of
the State of New York that the minor was found to be a juvenile delinquent
and/or was adjudicated to be a person in need of supervision (PINS)
based upon any of the foregoing acts.
(3)
Said parent or legal guardian shall have received a written notice
of such adjudication, either by certified or registered mail, return
receipt requested, from the Police Department of the City of Kingston
or by personal service returned from the Police Department of the
City of Kingston, following said adjudication.
Any person convicted of a violation of the provisions of this
chapter shall be guilty of an offense, and such person shall be liable
for a fine of not more than $250 for each offense. A violation of
this chapter shall not constitute a misdemeanor.
If any clause, sentence, paragraph, word, section or part of
this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder hereof but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
The City shall not be liable or responsible for any injury to
any civil or other right, injuries to persons, or injury or damage
to property, due to the City's actions, or failure to act, under
or pursuant to this chapter, unless it is proven to a reasonable degree
of certainty that such injury or damage was solely caused by a willful
or intentional act of the City, except that the City maintains all
immunities from liability as set forth or referenced in § 168-4
of the Correction Law of the State of New York, as it now exists or
may be hereafter amended.