The Council finds that the General City Law has recently been amended
by adding a new provision which allows cities to adopt anti-loitering laws
and ordinances. The Council further finds that "quality of life" issues are
of paramount importance to citizens of Beacon, affecting not only their physical
well-being and safety, but their very sense of urban self. Persons engaged
in unlawful conduct in public places harass and unduly interfere with the
lawful use and enjoyment of such public places thereby constituting a danger
to the public health and safety. The Council therefore finds it appropriate
for the protection of the public safety and welfare to enact legislation to
ensure that public safety is not jeopardized by acts of loitering when they
are committed for the purpose of intimidation, coercion, harassment, menacing
or assaultive conduct in violation of applicable state law. In addition, the
City of Beacon has identified a significant trade in controlled substances
and marijuana on the streets of the City of Beacon with the resulting increase
in crimes related to such street trade. The purpose of the following provisions
of this chapter is to add to the crime-fighting abilities of the City of Beacon
Police Department by prohibiting loitering for the specific illegal purposes
of possessing or using marijuana or a controlled substance.
As used in this chapter, the following terms shall have the meanings
indicated:
CONTROLLED SUBSTANCES
Any substance listed in Schedule I, II, III, IV or V of § 3306
of the Public Health Law other than marijuana.
MARIJUANA
Marijuana or concentrated cannabis, as those terms are defined in
§ 3302 of the Public Health Law.
MOTOR VEHICLE
A.
Every vehicle operated or driven upon a public highway which is propelled
by any power other than muscular power, except:
(1)
Electrically driven mobility-assistance devices operated or driven by
a person with a disability.
(2)
Vehicles which run only upon rails or tracks.
(3)
Snowmobiles as defined in Article 47 of the New York State Vehicle and
Traffic Law.
B.
The term "motor vehicle" shall exclude fire and police vehicles.
PUBLIC PLACE
A place to which the public or a substantial group of persons has
access, and includes but is not limited to any street, highway, sidewalk,
bridge, alley or alleyway, plaza, park, parking lot or transportation facility,
school, place of amusement or playground or the doorways and entranceways
to any building which fronts on any of the aforesaid places or a motor vehicle
in or on any such place and hallways, lobbies and other portions of apartment
houses and hotels not constituting rooms or apartments designed for actual
residence.
Among the circumstances that may be considered by law enforcement officers
in determining whether a violation of this chapter has occurred are the following:
A. The person engages in furtive gestures or movements manifesting
or endeavoring an attempt to conceal himself or herself or an object; or
B. The person takes immediate flight upon appearance or
identification of a law enforcement officer; or
C. The person is observed repeatedly following another person
or persons in or about a public place or places.
No provision of this chapter shall be construed or interpreted so as to prohibit expression protected by the laws of the United States or New York State, or to prohibit acts authorized by a permit issued pursuant to Chapter
163 of this Code entitled, "Peddling and Soliciting."
If any party violates the provisions of this chapter or engages in conduct
in violation of this chapter, he or she shall be subject to punishment as
follows:
A. For a first offense, a fine in an amount not less than
$50 nor more than $250.
B. For a second or more offenses, a fine in an amount not
less than $100 nor more than $500. Each incidence of any violation of this
chapter shall constitute a separate offense.
The provisions of this chapter can be enforced by the City of Beacon
Police Department and any other police officer or peace officer or other person
who can lawfully make an arrest.