[HISTORY: Adopted by the Board of Trustees
of the Village of Ossining 10-6-1987 by L.L. No. 4-1987. Amendments noted where applicable.]
The Board of Trustees finds that public nuisances
exist in the Village of Ossining in the operation of certain establishments
and the use of property in flagrant violation of the Penal Laws relating
to prostitution and related conduct, gambling, controlled substances,
dangerous drugs, stolen property and laws relating to the sale and
consumption of alcoholic beverages, all of which substantially and
seriously interfere with the interest of the public in the quality
of life and total community environment, commerce in the Village,
property values and the public health, safety and welfare. The Board
of Trustees further find that the continued occurrence of such activities
and violations is detrimental to the health, safety and welfare of
the people of the Village of Ossining and of the businesses thereof
and the visitors thereto. It is the purpose of the Board of Trustees
to authorize and empower the Board of Police Commissioners to impose
sanctions and penalties for such public nuisances and such powers
of the Board of Police Commissioners may be exercised either in conjunction
with, or apart from, the powers contained in the nuisance abatement
law and other laws without prejudice to the use of procedures and
remedies available under such laws. The Board of Trustees further
finds that the sanctions and penalties imposed by the Board of Police
Commissioners pursuant to this law constitutes an additional and appropriate
method of law enforcement in response to the proliferation of the
above-described public nuisances. The sanctions and penalties are
reasonable and necessary in order to protect the health and safety
of the people of the Village and to promote the general welfare.
As used in this chapter, the following terms
shall have the meanings indicated:
Shall be defined and applied in accordance with the provisions
of § 1.20 of the Criminal Procedure Law.
Any building, erection or place where violations of any of the provisions of Article 230 of the Penal Law are occurring and where two or more violations of such provisions which have resulted in two or more criminal convictions have occurred within the twelve-month period of time prior to the commencement of a proceeding pursuant to this chapter. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the provisions of such article has been made within 30 days prior to the issuance of notice pursuant to § 182-3.
Any buildings erection or place where violations
of any of the provisions of Article 220, 221 or 225 of the Penal Law
are occurring and where two or more violations of such provisions
which have resulted in two or more criminal convictions have occurred
within the twelve-month period of time prior to the commencement of
a proceeding pursuant to this chapter. It shall be prima facie evidence
that violations are occurring where an arrest for a violation of any
of the provisions of such articles has been made within thirty days
prior to the issuance of notice pursuant to this chapter.
Any building, erection or place where violations
of any of the unlawful activities set forth in § 123 of
the Alcoholic Beverage Control Law are occurring and where two or
more violations of such provisions which have resulted in two or more
criminal convictions have occurred within the twelve-month period
of time prior to the commencement of a proceeding pursuant to this
chapter. It shall be prima facie evidence that violations are occurring
where an arrest for a violation of any of the unlawful activities
set forth in such section has been made within 30 days prior to the
issuance of notice pursuant to this chapter.
Any building, erection or place where violations
of any of the provisions of §§ 165.40, 165.45, 165.50,
170.70 or 175.10 of the Penal Law or § 415.a of the Vehicle
and Traffic Law are occurring and where two or more violations of
such provisions which have resulted in two or more criminal convictions
have occurred within the twelve-month period of time prior to the
commencement of a proceeding pursuant to this chapter. It shall be
prima facie evidence that violations are occurring where an arrest
for a violation of any of the provisions of such sections has been
made within 30 days prior to the issuance of notice pursuant to this
chapter.
In addition to the enforcement procedures set
forth in this Code and any other law, the Board of Police Commissioners
or its designee after notice and opportunity for a hearing shall be
authorized:
A.
Prior to the issuance of orders by the Board of Police Commissioners or its designee pursuant to § 182-3, the Board of Police Commissioners or its designee shall give notice and opportunity for a hearing to the owner, lessor, lessee and mortgagee of a building, erection or place wherein the public nuisance is being conducted, maintained or permitted. All notices required herein shall be given in the manner specified for personal service pursuant to Article 3 of the Civil Practice Law and Rules. The person in whose name the real estate affected by the orders of the Board of Police Commissioners or its designee is recorded in the Office of the Village Assessor or the County Clerk, as the case may be, shall be presumed to be the owner thereof.
B.
The lack of knowledge of, acquiescence or participation
in or responsibility for a public nuisance on the part of the owners,
lessors, lessees, mortgagees and all those persons in possession or
having charge of as agent or otherwise or having any interest in the
property, real or personal used in conducting or maintaining the public
nuisance shall not be a defense by such owners, lessors and lessees,
mortgagees and such other persons.
Orders of the Board of Police Commissioners
or its designee issued pursuant to this chapter shall be posted at
the building, erection or place where a public nuisance exists or
is occurring in violation of law and shall be mailed to the owner
of record thereof within one business day of the posting.
Five business days after the posting of an order issued pursuant to § 182-3 and upon the written directive of the Board of Police Commissioners or its designee, officers of the Department are authorized to act upon and enforce such orders.
A.
Where the Board of Police Commissioners or its designee closes a building, erection or place pursuant to § 182-3B, such closing shall be for such period as the Board of Police Commissioners or its designee may direct, but in no event shall the closing be for a period of more than one year from the posting of the order pursuant to § 182-5. If the owner, lessor or lessee shall file a bond in an amount determined by the Board of Police Commissioners or it designee but which may not exceed the value of the property ordered to be closed and submit proof satisfactory to the Board of Police Commissioners or its designee that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, erection or place has been directed to be closed by order of the Board of Police Commissioners or its designee, then the Board of Police Commissioners or its designee may vacate the provisions of the order that directs the closing of the building, erection or place.
B.
A closing directed by the Board of Police Commissioners
or its designee pursuant to § 182-3B shall not
constitute an act of possession, ownership or control by the Village
of the closed premises.
A.
It shall be a misdemeanor for any person to use or
occupy or to permit any other person to use or occupy any building,
erection or place or portion thereof ordered closed by the Board of
Police Commissioners or its designee. Mutilation or removal of a posted
order of the Board of Police Commissioners shall be punishable by
a fine of not more than $250 or by imprisonment not exceeding 15 days,
or both, provided that such order contains therein a notice of such
penalty.
B.
Intentional disobedience or resistance to any provision
of the orders issued by the Board of Police Commissioners or its designee
pursuant to this chapter, in addition to any other punishment prescribed
by law, shall be punishable by a fine of not more than $1,000, or
by imprisonment not exceeding six months, or both.
The Board of Police Commissioners may promulgate
rules and regulations to carry out and give full effect to the provisions
of this chapter.
