The Town of Dickinson Town Board finds that public nuisances
exist in the Town of Dickinson in the operation of certain commercial
establishments and the use or alteration of residential and commercial
property, in flagrant violation of the building code, zoning regulations,
health laws, multiple dwelling law, penal laws regulating obscenity,
prostitution and related conduct, gambling, controlled substances
and dangerous drugs, and possession of stolen property and licensing
laws. All of these interfere with the interest of the public in property
values, public health, safety and welfare and the quality of life
and community environment. 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 Town of Dickinson
and of the businesses thereof and visitors thereto. It is the purpose
of the Board 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.
As used in this chapter, the following terms shall have the
meanings indicated:
ADVERSE IMPACT
Includes, but is not limited to, the following: any search
warrants served on the property where controlled substances and/or
weapons were seized; investigative purchases of controlled substances
on or near the property by law enforcement agencies or their agents;
arrests for violations of controlled substance laws and/or possession
of weapons; loitering for the purposes of engaging in illegal activity;
an increase in the volume of traffic associated with property; complaints
made to law enforcement officials of illegal activity associated with
the property; and finding of illegal weapons, as defined in § 265.00
of the Penal Law, or controlled substances, as defined in Article
220 and 221 of the Penal Law, on or near property by law enforcement
officials and their agents.
BUILDING
A structure where space is covered or enclosed for the use,
shelter, storage or protection of persons, animals, chattel or property
of any kind and which is permanently affixed to the land.
BUILDING, ACCESSORY
A building subordinate to the principal building on the lot
and used for purposes which are clearly related but incidental to
that of said principal building.
BUILDING, OFFICE
A building or portion thereof utilized to accommodate the
activities of a business.
BUSINESS
An activity, occupation, employment or enterprise which requires
time, attention, labor and material and wherein merchandise is exhibited
or sold or services are offered.
CONVICTION
The entry of a plea of guilty to or a verdict of guilty upon
an accusatory instrument or to one or more counts of such instrument.
KNOWLEDGE OF PUBLIC NUISANCE
The presumption of knowledge by Subdivision 1 of § 235.10
of the Penal Law shall be applicable to this chapter. Notice, by mail
or personal service, of activities entailing a public nuisance to
the property owner of record shall be evidence of knowledge of the
public nuisance.
LOT
A parcel of land, with or without buildings or structures,
delineated by lot line and having access to a street as defined in
this chapter.
PUBLIC NUISANCE
Includes but is not limited to:
A.
Any building, accessory building, business office, lot or yard
used for the purpose of:
(1)
Illegal drug use, possession or distribution and/or loitering
for the purpose of unlawfully using or possessing controlled substances
as defined in Articles 220 and 221 and § 240.36 of the Penal
Law.
(2)
Prostitution as defined in § 230.00 of the Penal Law
and loitering for the purposes set forth in § 240.37 of
the Penal Law.
(3)
Loitering as defined in § 240.35 of the Penal Law.
(4)
Obscene performances and/or promotion of obscene material as
defined in Article 235 of the Penal Law.
(5)
A business, activity or enterprise which is not licensed as
required by federal, state or local law and/or ordinance.
(6)
Unlawful activities described in § 123 of the Alcoholic
Beverage Control Law (unlawful sale, manufacture or consumption).
(7)
Gambling activities described in Article 225 of the Penal Law.
(8)
Animal fighting as defined in § 351 of the Agriculture
and Markets Law of the State of New York.
B.
Any building, accessory building, business office, lot or yard
used for the purpose of, or to aid in, the commission of a violation
of Article 265 of the Penal Law (firearms and dangerous weapons).
C.
Any building, accessory building, business office, lot or yard
wherein:
(1)
There exists or is occurring a violation of Chapter
600 of the Town Code (Zoning), or other provision of the fire, property maintenance or unsafe building provisions of the Town Code or New York State Uniform Fire Prevention and Building Code.
(2)
There is or has occurred a criminal nuisance as defined in §§ 240.45
and 240.46 of the Penal Law.
(3)
There is or has occurred a violation of the provisions of §§ 165.40,
164.45, 165.50 (criminal possession of stolen property), 170.65 (forgery
of vehicle identification number), 170.70 (illegal possession of vehicle
identification number) and 175.10 (falsifying business receipts) of
the Penal Law and of § 415-a (vehicle dismantlers) of the
Vehicle and Traffic Law.
TESTIMONY
Oral, written or other documented evidence tending to show
or prove the truth of the matter asserted.
VIOLATION
Conduct, or evidence of conduct, prohibited under this chapter.
A violation does not require criminal prosecution and conviction but
only a preponderance of evidence that the prohibited conduct is occurring
or has occurred. Evidence of prohibited conduct may include, but is
not limited to, police reports, investigative reports, execution of
search warrants, results of police surveillance, arrest and/or conviction
of local and state and federal laws, activities associated with trafficking
of controlled substances on or near the property and/or increased
volume of traffic associated with the property.
YARD
An open area on a lot which is open to the sky that is unoccupied by a land use or activity except as may otherwise be provided in Chapter
600, Zoning.
This chapter shall not be construed to exclude any other remedy
provided by law for the protection of the health, safety and welfare
of the people of the Town of Dickinson.