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:
CONVICTION
Shall be defined and applied in accordance with the provisions
of § 1.20 of the Criminal Procedure Law.
PUBLIC NUISANCES
A.
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.
B.
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.
C.
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.
D.
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. To order the discontinuance of such activity at the
building, erection or place where such public nuisance exists, and/or
B. To order the closing of the building, erection or
place or any part thereof to the extent necessary to abate the nuisance.
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.
The Board of Police Commissioners may promulgate
rules and regulations to carry out and give full effect to the provisions
of this chapter.