The Town Board finds that public nuisances exist in the Town
of Lyons in the operation of certain establishments and the use of
property, including residential premises, in flagrant violation of
the Penal Law of the State of New York and the laws of the Town of
Lyons, which substantially and seriously interfere with the interest
of the public in the quality of life and total community environment and
commerce in the Town of Lyons, property values and the public health,
safety, peace, comfort or convenience and welfare. The Town Board
further finds that the continued occurrence of such activities and
violations is detrimental to the health, safety and welfare of the
Town of Lyons and of the business thereof and the visitors thereto.
It is the purpose of this chapter to authorize and empower the Town
to impose sanctions and penalties for such public nuisances, and such
powers may be exercised either in conjunction with or apart from the
powers contained in other laws without prejudice to the use of procedures
and remedies available under such other laws. The Town Board further
finds that the sanctions and penalties imposed by the Town pursuant
to this chapter constitute an additional and appropriate method of
enforcement, and that the sanctions and penalties are reasonable and
necessary in order to protect the health and safety of the people
of the Town and to promote the general welfare.
For purposes of this chapter, a public nuisance is declared
to exist where behavior in the use of or on the premises unreasonably
interferes with the health, safety, peace, comfort or convenience
of the general community within the past six months of such frequency
or duration that the continued occupancy of the premises will presume
to continue such unreasonable interference, and regardless of whether
or not a person has been convicted for violation of the Penal Law
of the State of New York or any local law. Such activity includes,
but shall not be limited to, any one or more of the following:
A. Any building, structure, or real property used for purposes of illegal
use, possession, or distribution of a drug, controlled substance or
marijuana as defined by the New York State Penal Law.
B. Any building, structure, or real property used for purposes of prostitution
as defined by the New York State Penal Law.
C. Any building, structure, or real property used for purposes of indecency,
obscene performances, and/or promotion of obscene materials as defined
by the New York State Penal Law.
D. Any building, structure, or real property used for purposes of illegal
gambling activity as defined in the New York State Penal Law.
E. Any building, structure, or real property used for the purpose of
illegal possession, use, or sale of firearms or weapons as defined
by the New York State Penal Law.
F. Any building, structure, or real property used for the purposes of
illegal sale, manufacture, or consumption of alcoholic beverages as
defined by the New York State Alcoholic Beverage Control Law.
G. Any building, structure, or real property wherein there exists or
has occurred a criminal nuisance as defined by the New York State
Penal Law.
H. Any building, structure, or real property used for purposes of loitering
as defined by the New York State Penal Law.
I. Any building, structure, or real property wherein there exists or has occurred any violation of the local laws of the Town of Lyons, including but not limited to Chapter
108, Animals; Chapter
120, Building Code Administration and Enforcement; Chapter
152, Fire Prevention; Chapter
204, Noise; Chapter
300, Zoning; and the New York State Uniform Fire Prevention and Building Code, including the Property Maintenance Code of New York State.
J. Any building, structure, or real property wherein an occupant, guest,
or business invitee commits criminal activities or other offenses
involving assault, gang assault, harassment, or disorderly conduct,
as said criminal activities are defined by the New York State Penal
Law.
The existence of three or more criminal convictions for any of the activities set forth in the definition of "public nuisance" in §
215-2 at any building, structure, or real property within a two-year period prior to the commencement of a civil action and/or an administrative hearing shall be prima facie evidence of the existence of a public nuisance.
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Town Board of the Town of Lyons.
CONVICTION
The entry of a guilty plea to, and/or a verdict of guilty
for, one or more counts set forth in an accusatory instrument.
HEARING OFFICER
The Town officer or other person designated or appointed
by the Town Board, to act as the hearing officer under this chapter.
MORTGAGEE
The person who is listed as the mortgagee in any unsatisfied
or otherwise open mortgage recorded in the Wayne County Clerk's office.
OWNER
The person in whose name the real estate affected by the
order is recorded as the owner in the office of the Wayne County Clerk.
PREMISES
The building, place, or property whereon the public nuisance
is being conducted or exists.
The following represent other evidence of prohibited conduct
as a presumption of the existence of a public nuisance:
A. Conviction for any of the activities set forth in the definition of a "public nuisance" in §
215-2 occurring on or in immediate proximity to the property.
B. Arrest for any of the activities set forth in the definition of a "public nuisance" in §
215-2 occurring on or in immediate proximity to the property.
C. Service of an accusatory instrument charging any of the activities set forth in the definition of "public nuisance" in §
215-2 occurring on or in immediate proximity to the property. For purposes of this chapter, "accusatory instrument" shall include, but is not limited to, any criminal information, misdemeanor, and/or felony complaint filed in a court of competent jurisdiction and/or, with regard to unfit, unsafe and/or fire-damaged buildings or structures on or in immediate proximity to the property, a notice of violation issued by the Town of Lyons Code Enforcement Officer and/or other authorized entities or officials with jurisdiction in the Town.
D. Service of a search warrant on the building, structure, or real property
where controlled substances, marijuana, and/or illegal firearms or
weapons are seized.
E. The finding of illegal controlled substances or illegal firearms
or weapons on the building, structure, or real property.
F. Investigative purchases of illegal drugs, controlled substances or
marijuana on the building, structure, or real property by law enforcement
agencies or their agents.
A closing directed by the hearing officer pursuant to this chapter
shall not constitute an act of possession, ownership or control by
the Town of the closed premises.
The Code Enforcement Officer may promulgate rules and regulations
to carry out and give full effect to the provision of this chapter.
No officer, agent or employee of the Town of Lyons, New York,
shall be personally liable for any damage resulting from any official
determination, order or action required or permitted in the discharge
of his or her duties under this chapter.
The Code Enforcement Officer or hearing officer may request
and shall receive, so far as may be necessary in the discharge of
his or her duties, the assistance and cooperation of other departments
or officers and of all other municipal officials exercising any jurisdiction
over the construction, use or occupancy of buildings or the installation
of equipment therein.