This chapter shall be known as the "Nuisance Party Ordinance."
For the purposes of this chapter, the following terms are defined
as follows:
NUISANCE PARTY
A gathering which is conducted on premises within the City
of Cortland and which, by reason of the conduct of the persons in
attendance, results in any one or more of the following conditions
or events occurring at the site of the gathering, or on neighboring
public or private property:
B.
Unlawful possession of an open container of alcoholic beverage.
C.
Outdoor urination or defecation in public view.
D.
Unlawful sale, furnishing, dispensing or consumption of an alcoholic
beverage.
E.
Sale or furnishing of an alcoholic beverage to an underage person.
F.
Unlawful possession, sale or use of a controlled substance.
G.
Unlawful deposit of litter or refuse.
H.
The damage or destruction of real or personal property.
I.
Unlawful pedestrian or vehicular traffic.
J.
Standing or parking of vehicles that obstructs the free flow
of traffic on the public streets and sidewalks or that impedes the
ability to render emergency services.
RESPONSIBLE PERSON
Any person who is an owner, occupant, tenant, or otherwise
has rightful possession or possessory control, individually or jointly
with others, of any premises, who either sponsors, conducts, hosts,
invites or permits a gathering on said premises.
No responsible person shall sponsor, conduct, host, invite,
allow or permit a nuisance party.
Any police officer, peace officer, or Code Enforcement Officer
who observes a nuisance party occurring may order that the nuisance
party be ceased and order all nonresidents on the premises where the
nuisance party has occurred to leave the premises immediately.
No person shall remain on the premises where a nuisance party
has been ordered to be ceased by an officer of the City of Cortland
Police Department unless the person resides at the premises where
the nuisance party has occurred.
Any person violating any provisions of this chapter shall be
guilty of an offense punishable by a fine not to exceed $500 in amount,
or imprisonment not to exceed 15 days, or both such fine and imprisonment,
or a civil penalty of $500 for each offense. Nothing herein contained
shall prevent the City of Cortland from taking such other lawful action
as necessary to prevent or remedy a violation.
In the event that any section, paragraph, sentence, clause or
phrase of this chapter is held invalid or unconstitutional by any
court of competent jurisdiction, the invalid or unconstitutional portions
of the chapter shall be deemed severable from the chapter and shall
in no way affect the validity of the rest of the chapter.
[Adopted 12-2-2014 by L.L. No. 10-2014]
The City of Cortland Council finds that a public nuisance exists
in the City of Cortland 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 Council further finds that the continued occurrence
of such activities and violations is detrimental to the health, safety
and welfare of the people of the City of Cortland and of the businesses
thereof and visitors thereto. It is the purpose of the Council to
create one standardized procedure for securing legal and equitable
remedies relating to the subject matter encompassed by this article,
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 article, 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 purpose 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 Articles
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 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 article. 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 article.
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 Alcohol
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.
(9)
Occupancy as defined by the City Charter.
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
300 of the City Code (Zoning), or other provision of the fire, property maintenance or unsafe building provisions of the City 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,
165.45, 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 article.
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.
This article 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 City of Cortland.