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City of Albany, NY
Albany County
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[Amended 4-17-1994 by Ord. No. 74.111.94[1]]
[1]
Editor's Note: This ordinance provided for the repeal of former §§ 255-1 through 255-7, regarding blocking of passageways, loitering outside stores, churches, theaters and other public places, creating disturbances and swimming along docks.
The Common Council of the City of Albany hereby finds and declares that loitering for the purpose of conducting certain illegal activity is harmful to the well-being of Albany citizens and negatively affects the quality of life for Albany residents. The sale, use or possession of illegal drugs; possession of illegal weapons; trespassing; violation of Article V, Unnecessary and Unusual Noises, of this chapter; violation of the Chapter 105, Alcoholic Beverages; illegal gambling; illegal harassment; violation of Article VI, Graffiti, of this chapter; or obstruction of pedestrian or vehicular traffic all interfere with the public interest in the quality of life and total community environment. The Common Council further finds and declares that loitering for the purpose of conducting certain illegal activity is detrimental to the health, safety and welfare of the people of the City of Albany and of the businesses therein and visitors thereto. The Common Council further finds and declares a public interest in protecting citizens against unlawful, arbitrary, discriminatory or otherwise improper enforcement of loitering prohibitions. It is the purpose of the Common Council to hereby create a procedure for securing legal and equitable remedies relating to loitering for certain illegal purposes, without prejudice to the use of procedures available under existing and subsequently enacted laws or ordinances, and to supplement the application by law enforcement officials of existing laws prohibiting loitering.
It shall not be lawful for any person to loiter or remain in any place for the specific illegal purpose of:
A. 
Selling, using or possessing illegal drugs.
B. 
Possessing illegal weapons.
C. 
Trespassing.
D. 
Violating Article V, Unnecessary and Unusual Noises, of this chapter.
E. 
Violating Chapter 105, Alcoholic Beverages.
F. 
Illegal gambling.
G. 
Illegal harassment.
H. 
Violating Article VI, Graffiti, of this chapter.
I. 
Obstructing pedestrian or vehicular traffic.
J. 
Violating Article VII, Public Urination, of this chapter.
[Added 11-25-2023 by Ord. No. 5.21.23]
A. 
Probable cause. Probable cause to charge or arrest any person for a violation of this article shall arise when the law enforcement officer personally has observed or is presented with video evidence or a witness statement describing the commission by such person of some definable impermissible or illegal act as set forth hereinabove.
[Amended 11-25-2023 by Ord. No. 5.21.23]
B. 
Failure to explain presence. The failure of any person to offer an explanation of his or her purpose in being at a particular place shall not, in and of itself, constitute a violation of this article.
Any person violating any of the provisions of this article as defined herein shall be guilty of a violation and, upon conviction thereof, shall be liable for a fine not to exceed $250 or imprisonment not exceeding 15 days, or to both such fine and imprisonment.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court or competent jurisdiction to be invalid or otherwise unenforceable, such judgement shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.