[Amended 6-5-2007 by L.L. No. 3-2007,
approved 6-22-2007]
The Common Council finds that public nuisances exist in the City of
Kingston in the operation of certain establishments and the use of property
in flagrant violation of the penal laws relating to controlled substances,
dangerous drugs and drug paraphernalia/smoking devices, 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 city, property values
and the public health, safety and welfare. The Common Council further finds
that the continued occurrence of such activities and violations is detrimental
to the health, safety and welfare of the City of Kingston and of the business
thereof and the visitors thereto. It is the purpose of this chapter to authorize
and empower the Chief of Police 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 Council
further finds that the sanctions and penalties imposed by the Chief pursuant
to this chapter constitute 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 city and to promote the general
welfare.
As used in this chapter, the following terms shall have the meanings
indicated:
CHIEF
The Chief of Police of the City of Kingston or his designee.
CONVICTION
Defined and applied in accordance with the provisions of § 1.20
of the Criminal Procedure Law.
COUNCIL
The Common Council of the City of Kingston.
DRUG PARAPHERNALIA
Any glass- or plastic-type smoking device, or any smoking device
used for the consumption of illicit dangerous drugs
[Added 6-5-2007 by L.L. No. 3-2007,
approved 6-22-2007]
MORTGAGEE
The person who is listed as the mortgagee on any unsatisfied or otherwise
open mortgage recorded in the Ulster County Clerk's office.
OWNER
The person in whose name the real estate affected by the order is
recorded in the office of the Ulster County Clerk.
PREMISES
The building, place or property whereon the public nuisance is being
conducted or exists.
PUBLIC NUISANCE
A public nuisance is declared to exist where:
A.
An arrest for a violation of any provision of Articles 220 or 221 of
the New York State Penal Law has been made within 60 days prior to the issuance
of notice pursuant to this chapter, where said arrest has been predicated
on events, circumstances or activities occurring on the premises;
B.
A violation of Article 220 or 221 which has resulted in a criminal conviction to Article 220 or 221 within the twenty-four-month period of time prior to the arrest required in Subsection
A above where said conviction has been predicated on events, circumstances or activities occurring on the premises; and
C.
Either one of the following:
(1)
A violation of Article 220 or 221 which has resulted in a criminal conviction to Article 220 or 221 within the twenty-four-month period of time prior to the arrest required in Subsection
A above where said conviction has been predicated on events, circumstances or activities occurring on the premises; or
(2)
Discovery by any law enforcement agency, or duly authorized agent thereof, of a quantity and quality of drug or substance on the premises, the amount of which would subject an individual, if prosecuted, to a conviction of Article 220 or 221 of the Penal Law, which discovery has not lead to an arrest or conviction, within the twenty-four-month period of time prior to the arrest required in Subsection
A above.
[Added 6-5-2007 by L.L. No. 3-2007,
approved 6-22-2007]
A. Possession prohibited.
(1) No person shall possess any glass-type smoking device, or any
smoking device, used for the consumption of illicit dangerous drugs.
(2) No person shall carry a glass- or plastic-type smoking device,
or any smoking device, used for the consumption of illicit dangerous drugs.
(3) No person shall carry a glass- or plastic-type smoking device,
or any smoking device, used for the consumption of illicit dangerous drugs
into any public building or other public facility with the intent of violating
the provisions of this section.
B. Sale prohibited.
(1) No person shall sell or offer to sell glass- or plastic-type
pipes and/or smoking devices to any person under 18 years of age.
(2) A person who sells or offers for sale such glass- or plastic-type
pipes and/or smoking devices shall not place such pipes or smoking devices
on display, but shall display only facsimiles of such smoking devices and
offer for sale such items in a secure and closed display case, or sales counter
which is not accessible to the public.
(3) It shall be the duty of any person or entity who sells or offers for sale any smoking device described in subsection
A(1),
(2), and/or
(3) to require from any person desiring to purchase such smoking device, identification and proof of such person's age before selling or delivering a smoking device to such person.
(4) Persons engaged in the sale of glass or plastic pipes and/or
smoking devices shall prominently display this section or a summary thereof.
In addition to the enforcement procedures established elsewhere, the
Chief, after notice and opportunity for a hearing, shall be authorized:
A. To order the discontinuance of such activity at the premises
where such public nuisance exists; and/or
B. To order the closing of the premises to the extent necessary
to abate the nuisance.
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 premises or personal property used in conducting
or maintaining the public nuisance shall not be a defense by such owners,
lessors and lessees, mortgagees and such other persons.
The Chief of Police shall issue the orders provided for in §
198-4 of this chapter by posting said orders on premises wherein the public nuisance is occurring in violation of law and mailing a copy of said orders within one business day of the posting of said order on the premises.
A closing directed by the Chief pursuant to this chapter shall not constitute
an act of possession, ownership or control by the city of the closed premises.
The Chief 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 City of Kingston, New York, shall
be personally liable for any damage resulting for any official determination,
order or action required or permitted in the discharge of his duties under
this chapter.
[Added 6-5-2007 by L.L. No. 3-2007,
approved 6-22-2007]
If any term, part, provision, section, subdivision, or paragraph of
this chapter shall be held unconstitutional, invalid or ineffective, in whole
or in part, such shall not be deemed to invalidate the remaining terms, parts,
provisions, sections, subdivisions and/or paragraphs.