[HISTORY: Adopted by the Common Council of the City of Kingston 6-2-1992 by L.L. No. 2-1992, approved 6-17-1992 (Ch. 79A, Art. I, of the 1984 Code). Amendments noted where applicable.]
[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.
CORPORATION COUNSEL
The Corporation Counsel of the City of Kingston.
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[1]]
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.
[1]
Editor's Note: This local law also renumbered former §§ 198-3 through 198-12 as §§ 198-4 through 198-13, respectively.
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.
A. 
Prior to the issuance of orders by the Chief of Police, pursuant to this chapter, the Chief shall give notice and opportunity for a hearing to the owner, lessor, lessee, mortgagee and all the persons in possession or having charge of an agent or tenant, the premises wherein the public nuisance is being conducted, maintained or permitted. Such notice shall be served upon an owner pursuant to Article 3 of the Civil Practice Law and Rules, upon a lessor or lessee pursuant to § 735 of the Real Property Actions and Proceedings Law and upon a mortgagee by means of certified mail, return receipt requested, sent to the mortgagee's last known address, provided that any service other than delivery to the person to be served shall be complete immediately upon delivery, mailing or posting without the necessity of filing proof of service with the Clerk of any court before the hearing.
B. 
Such notice shall:
(1) 
Specify the activity creating the nuisance.
(2) 
Provide 30 days for elimination of the nuisance.
(3) 
Inform the person to whom it is directed of his/her right to apply within 10 days for a hearing, before the Chief.
(4) 
Inform the owner/landlord that upon the expiration of 30 days after service, the Chief shall act to obtain compliance as provided by this chapter.
(5) 
Inform the owner/landlord of his/her obligation to post a copy of the notice within 5 days, in a conspicuous place so that all premises occupants entering the premises shall have notice that the public nuisance is being conducted, maintained or permitted on the premises, and that upon 30 days after service of the notice, the Chief shall act to obtain compliance as provided, including, but not limited to, the closing of the premises.
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. 
Five business days after the issuance of an order pursuant to § 198-4 and upon the directive of the Chief, officers of the Kingston Police Department are authorized to act upon and enforce such orders.
B. 
Where the Chief closes a premises pursuant to this chapter, such closing shall be for such a period as the Chief may direct, but in no event shall the closing be for a period of more than one year from such issuance of the order pursuant to this chapter. If the owner, lessor or lessee shall file a bond in an amount determined by the Chief, but which may not exceed the value of the premises ordered to be closed and submit proof satisfactory to the Chief that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the premises has been directed to be closed by the order of the Chief, then the Chief may vacate the provisions of the order that direct the closing of the premises.
C. 
Upon receiving a nuisance case from the Chief, the Corporation Counsel shall maintain a special proceeding to affix a civil penalty in the amount of $500, to collect any costs and expenses incurred by the City of Kingston, in commencing the proceeding, closing the premises and in relocating any occupants of the premises.
A. 
The judgment in such proceeding, in favor of the plaintiff, shall establish the penalty sued for with costs and disbursements as a lien upon such premises, subject only to taxes assessments, water rates, mortgages and mechanics liens as they may exist thereon prior to the filing of the notice of pendency of the action or proceeding.
B. 
The Corporation Counsel shall have the power, on ex parte application to the court, to appoint a receiver of rents and profits of the premises for the purposes of collecting the civil penalty and abating the nuisance. The receiver shall have the powers and duties of a receiver of rents and profits of real estate appointed by the Supreme Court, provided that the Corporation Counsel shall act as his counsel and the receiver shall not be allowed any expenditure for counsel fees and his commissions shall be 10% of his collections, which sum shall be full compensation for his services and those of any agent or agents whom he may employ. Such receiver shall continue until the amount of such liens, with interest at the rate of 9%, and the commissions have been fully paid and the nuisance is abated, provided that nothing in this chapter shall be construed to prevent any prior lien or from applying to the court in a proper case for a receiver of the premises.
C. 
At any time after the entry of any judgment establishing a lien upon the premises, the Corporation Counsel on behalf of the Chief may apply to the court for leave to see the premises. Upon such application, the court may order the premises sold at public auction subject to taxes, assessments, water rates, mortgages and mechanics liens.
A. 
It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any premises, or portion thereof, ordered closed by the Chief.
B. 
Mutilation or removal of a posted order of the Chief 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.
C. 
Intentional disobedience or resistance to any provision of the orders issued by the Chief pursuant to this chapter, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $500 or imprisonment not to exceed six months, or both.
D. 
Any person who violates this chapter shall be guilty of a misdemeanor punishable by a fine of not less than $100 nor more than $500, or imprisonment for not more than six months, or both.
[Added 6-5-2007 by L.L. No. 3-2007, approved 6-22-2007]
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.