[HISTORY: Adopted by the Board of Trustees of the Village
of East Syracuse as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-24-2003 by L.L. No. 1-2003 as Part 64 of the 2003 Code]
No one shall burn any auto, truck, motorcycle, farm machine,
leaves or other substance.
A.
General public property. No one shall remove, damage or deface any
gas line, hydrant, light, monument, pavement, pole, seat, sewer or
warning signal in any public property.
B.
Street activities. No one shall cast any stone, ball or stick from
or on, or engage in any game on, any Village street.
C.
Trees. No person shall deface or disfigure any tree within a street
margin.
No one shall tamper with any utility pole or fixture, or place
any billboard or any sign of any nature on any utility pole or tree.
No one shall be intoxicated in any private dwelling to the annoyance
of any person.
No one shall cause or permit the unnecessary emission of smoke,
noxious gases, deposits or any other pollution from any smoke stacks,
chimneys, vents, flues, engine or locomotives.
Anyone convicted of violating this article shall be fined up
to $50, imprisoned for up to 30 days, or both.
[Adopted 8-2-2004 by L.L.
No. 1-2004 (Part 67 of the 2003 Code)]
The Board of Trustees of the Village of East Syracuse finds
that public nuisances exist in the Village of East Syracuse, New York
(hereafter "East Syracuse"), in relation to certain properties within
the Village and/or certain persons and/or animals associated with
certain properties within the Village in violation of local, state
and federal laws relating to controlled substances, dangerous drugs,
alcohol, animal fighting, gambling licenses, prostitution, firearms,
possession of stolen property and forgery; the Village of East Syracuse
Municipal Code (hereafter "Municipal Code") relating to disorderly
conduct, public nuisance, licenses, noise abatement, storage of material,
storage of motor vehicles, domestic animals and plants and zoning;
the Property Maintenance Code of New York; and the New York State
Uniform Fire Prevention and Building Code. The Board of Trustees further
finds that there is an inordinate application of Village personnel
and resources to certain properties due to the repeated violation
of these laws at the properties or by persons associated with the
property as an owner, tenant and/or guest or the repeated calls to
certain properties by the East Syracuse Police Department and or the
East Syracuse Fire Department. The Board of Trustees further finds
that the continued occurrence of such activities, violations and inordinate
application of Village personnel and resources to certain properties
is detrimental to the commonweal of the Village and the health, safety
and welfare of its citizens, businesses and visitors. It is the purpose
of the Board of Trustees in adopting this article to create additional
legal and equitable remedies relating to the subject matter encompassed
by this law, without prejudice to the use of procedures available
under existing and subsequently enacted law, and to strengthen existing
laws on the subject.
This article of the East Syracuse Municipal Code (hereafter
"Municipal Code") shall be known as the "Nuisance Abatement Law."
A.
The owner of rental property shall take all reasonable steps to prevent
the violation of this article by a tenant, tenant's guest, person
or animal on or at the tenancy, including, but not limited to, providing
the tenant with a copy of this article, posting regulations or orders
and seeking the eviction of a tenant who or whose guest or other person
at the tenancy violated this article, and authorizing the Village
to investigate and enforce this article and any other related law.
B.
An owner of real property may be named and be subject to the penalties
for offenses as provided herein as a defendant or additional defendant
in any action based upon a violation of any provision of this article
by a tenant, tenant's guest, person or animal on or at the tenancy.
C.
Nonresidency not a defense. It shall not be a defense to any violation
of this article that the person charged is not a resident of the Village.
D.
Knowledge of public nuisance. The lack of actual knowledge of, acquiescence
or participation in or direct responsibility for the occurrences or
activities constituting a violation of this article on the part of
an owner, tenant or any person having an interest in the property
shall not be a defense.
A.
The owner, tenant and/or guest of a property is in violation of this
article where three times within a period of 180 days there has occurred
a violation at a property by an owner, tenant and/or guest of the
property of one or more of the following chapters of the East Syracuse
Municipal Code:
B.
The owner, tenant and/or guest of a property is in violation of this
article where, three times within a period of 60 days, the East Syracuse
Police Department and/or the East Syracuse Fire Department responds
to a call for service to the property and/or to calls for service
concerning an owner, tenant, guest or animal associated with the property
and said calls are deemed frivolous or unnecessary by the Chief of
Police and/or the Fire Chief.
C.
The owner, tenant and/or guest of a property is in violation of this
article where, for a period of 18 months prior to the commencement
of an action under this article, there is a preponderance of evidence
of repeated criminal activity at a property located within the Village
by an owner, tenant, and/or guest of the property. An individual who
has resided in different properties located within the Village is
in violation of this article where, for a period of 18 months prior
to the commencement of an action under this article, there is a preponderance
of evidence of repeated criminal activity by the individual. Repeated
criminal activity shall be defined as two or more convictions and/or
adjournments in contemplation of dismissal of any of the following:
(1)
Illegal drug use, possession, 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)
Conducting a business 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)
Criminal nuisance as defined in §§ 240.45 and 240.46
of the Penal Law.
(9)
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 or § 415-a ,vehicle
dismantlers, of the Vehicle and Traffic Law.
(10)
Commission of a violation of Article 265 of the Penal Law (firearms
and dangerous weapons).
(11)
Animal fighting as defined in § 351 of the Agriculture
and Markets Laws of the State of New York.
(12)
Public lewdness as defined in § 245.00 of the Penal
Law.
(13)
Exposure of a person as defined in §§ 245.01
and 245.02 of the Penal Law.
A.
Any person violating any of the provisions of this article shall
be deemed guilty of a violation and:
(1)
Shall
be subject to a fine of not less than $250 nor more than $500; and
(2)
Shall
reimburse the Village for the cost of Village forces relative to the
violation of this article, including, but not limited to, the cost
to the Village for East Syracuse Police Department personnel and equipment,
East Syracuse Fire Department equipment, code enforcement official,
Village Office personnel, East Syracuse Justice Court personnel and
Village Attorney.
B.
Unpaid fines. In the event that a party is found to be in violation
of this article and fails to pay a fine imposed by a court within
a reasonable time as may be ordered by the court, then, in those events,
125% of said fine shall be levied against the property on which the
offense occurred if privately owned or on any property of the party
located within the Village as an additional tax or charge upon certification
that said fine has not been paid.
