[Adopted by the Town Board of the Town of
Brookhaven 12-5-1989 by L.L. No. 32-1989, effective 12-11-1989; amended in its entirety 9-4-2001 by L.L. No. 23-2001, effective 9-10-2001. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 3.
A.
The Town Board of the Town of Brookhaven hereby finds
that the peace, good order and safety of the Town has been jeopardized
by the effects of the nationally recognized drug epidemic and its
resultant proliferation of crack houses and other unlawful activities
and that other public nuisances exist in the Town of Brookhaven in
the ownership, operation and maintenance of certain commercial and
residential establishments and the use or alteration of property in
flagrant violation of the public health laws; the multiple dwelling
law; penal laws regulating obscenity, prostitution, drug offenses
and related conduct; licensing laws; environmental laws; laws relating
to the sale and consumption of alcoholic beverages; laws relating
to gambling, controlled substances and dangerous drugs; and penal
laws relating to the possession of stolen property, all of which interfere
with the interest of the public in the quality of life and the total
community environment, the tone of commerce in the Town of Brookhaven,
property values and the public health, safety and welfare.
B.
The Town Board of the Town of Brookhaven further finds
that the continued occurrence of such activities and violations is
detrimental to the health, safety and welfare of the people of the
Town of Brookhaven and of the businesses thereof and visitors thereto.
C.
It is the purpose of the Town Board to create one
standardized procedure for securing legal and equitable remedies relating
to the subject matter encompassed by this chapter, without prejudice
to the use of procedures otherwise available or recognized under the
common law or existing and subsequently enacted laws, and to strengthen
and clarify existing laws on the subject.
This chapter shall be known and may be referred
to as the "Nuisance Abatement Law."
A.
CONVICTION
PERSON
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
As used in this chapter, the following terms shall
have the meanings indicated:
Applied in accordance with the provisions of Subdivision
13 of § 1.20 of the Criminal Procedure Law.
Includes persons, firms, partnerships, corporations and any
other entity.
Includes, but is not limited to, the following:
Any building, erection or place used in whole
or in part for the purpose of prostitution as that term is defined
in § 230.00 of the Penal Law.
Any building, erection or place used in whole
or in part for the purpose of obscene performances. The term "obscene"
shall have the same meaning as that term is defined in Subdivision
1 of § 235.00 of the Penal Law. The term "performance" shall
have the same meaning as that term is defined in Subdivision 3 of
§ 235.00 of the Penal Law.
Any building, erection or place used in whole
or in part for the purpose of promotion of obscene material. The term
"obscene" shall have the same meaning as that term is defined in Subdivision
1 of § 235.00 of the Penal Law. The term "material" shall
have the same meaning as that term is defined in Subdivision 2 of
§ 235.00 of the Penal Law.
Any building, erection or place used in whole
or in part for violations of any of the provisions of Articles 220,
221 or 225 of the Penal Law.
Any building, erection or place used in whole
or in part for violations of the provisions of §§ 165.40,
165.45, 165.50, 170.65, 170.70 and 175.10 of the Penal Law or § 415-a
of the Vehicle and Traffic Law.
Any building, erection or place used in whole
or in part for any of the unlawful activities described in § 123
of the Alcoholic Beverage Control Law.
Any building, erection or place used in whole
or in part for the commission of a criminal nuisance as that term
is defined in § 240.45 of the Penal Law.
Any building, erection or place used in whole
or in part for the purpose of conducting a business, activity or enterprise
which is not licensed as required by any federal, state, county or
local enactment.
Any building, erection or place used in whole
or in part for the regular use, manufacture, distribution, storage
or sale of the substances described in Articles 220 and 221 of the
Penal Law. For the purpose of this chapter, two or more occurrences
of one or more or any combination of the acts described in this subsection
within the three-year period preceding commencement of an action under
this chapter shall be presumptive evidence that such acts are regularly
occurring.
[Amended 9-7-2010 by L.L. No. 17-2010, effective 9-21-2010]
Any building, erection or place, in whole or
in part, wherein there is occurring a public nuisance not heretofore
defined but recognized as such under the common law.
B.
For the purposes of this chapter, two or more convictions
of any person for violation of any of the aforedescribed provisions
of law within the three-year period preceding commencement of an action
under this chapter shall be presumptive evidence that the building,
erection or place is a public nuisance.
[Amended 9-7-2010 by L.L. No. 17-2010, effective 9-21-2010]
No person shall cause, allow or permit a public
nuisance to exist.
A.
The Town Attorney may bring and maintain a civil proceeding
in the name of the Town of Brookhaven to enjoin a public nuisance
within the scope of this chapter and enjoining the person conducting,
maintaining or permitting the public nuisance from further conducting,
maintaining or permitting the public nuisance. Unless otherwise indicated
herein, said action shall be governed by the provisions of the Civil
Practice Law and Rules.
B.
In addition to any other remedy provided by law, injunctive
relief granted pursuant to this chapter may provide for the closing
of any building, structure, erection or place and may authorize representatives
of the Town of Brookhaven to enter upon the premises and take any
necessary actions to close and appropriately secure the premises so
as to prevent entry to and/or continued use thereof.
C.
In any action brought under this chapter, the Town
Attorney may file a notice of pendency pursuant to the provisions
of Article 65 of the Civil Practice Law and Rules.
D.
In any action brought under this chapter, the Town
Attorney may apply for the appointment of a receiver as provided in
Article 64 of the Civil Practice Law and Rules. Solely for the purposes
of this chapter, the Town of Brookhaven shall be deemed to have an
interest in the subject premises as that term is utilized in § 6401
of the Civil Practice Law and Rules. Any actions taken hereunder shall
not be construed nor constitute an act of possession, ownership or
control of the subject premises by the Town of Brookhaven.
E.
In any action brought under this chapter, the person
in whose name ownership of the real property affected by the action
is recorded in the office of the Town Assessor or the County Clerk,
as the case may be, shall be presumed to be the owner thereof.
F.
In any action brought under this chapter, whenever
there is evidence that any person was the manager, operator, supervisor
or in any other way in charge of or in possession and/or control of
the premises at the time a public nuisance was being conducted, maintained
or permitted, such evidence shall be presumptive that he, she or it
was an agent or employee of the owner or lessee of the building, erection
or place.
G.
The existence of an adequate remedy at law shall not
prevent the granting of temporary, preliminary or permanent injunctive
relief pursuant to this chapter.
H.
Intentional disobedience or resistance of any provision
of an order or judgment awarding injunctive relief 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 by imprisonment not
exceeding six months, or by both.
I.
A judgment rendered awarding a permanent injunction
pursuant to this chapter shall be and become a lien upon the building,
erection or place named in the complaint in such action, such lien
to date from the time of filing a notice of lis pendens in the office
of the County Clerk. Every such lien shall have priority before any
mortgage or other lien that exists prior to such filing, except tax
and assessment liens.
J.
A judgment awarding a permanent injunction pursuant
to this chapter shall provide, in addition to the costs and disbursements
allowed by the Civil Practice Law and Rules, upon satisfactory proof
by affidavit or such other evidence as may be submitted, the actual
costs, expenses and disbursements of the Town of Brookhaven in investigating,
bringing and maintaining the action and in securing the premises,
including but not limited to reasonable attorneys' fees.
K.
In any action under this chapter, evidence of the
common fame and general reputation of the building, erection or place
of the inmates or occupants thereof or of those resorting thereto
shall be competent evidence to prove the existence of the public nuisance.
If evidence of the general reputation of the building, erection or
place or of the inmates or occupants thereof, is sufficient to establish
the existence of the public nuisance, it shall be prima facie evidence
of knowledge thereof and acquiescence and participation therein and
responsibility for the nuisance on the part of the owners, lessors,
lessees and all those in possession of or having charge of, as agent
or otherwise, or having any interest in any form in the property,
real or personal, used in conducting or maintaining the public nuisance.
L.
The Department of Public Safety shall assist in the
monitoring and enforcement of injunctive relief granted under this
chapter.
A.
Any person, found to have caused, permitted or allowed
a public nuisance to exist shall be liable for a civil penalty in
the amount of $1,000 for each day the public nuisance has been conducted,
permitted or maintained.
B.
The Town Attorney may bring and maintain a civil proceeding in the name of the Town of Brookhaven to recover the civil penalty provided hereunder against any person conducting, maintaining or permitting a public nuisance within the scope of this chapter. Said civil penalty may be obtained in the same action described in § 49B-5. Upon recovery, such civil penalty shall be paid into the general fund of the Town of Brookhaven.
A.
This chapter shall not be construed to exclude any
other remedy provided by law for the protection of the health, safety
and welfare of the people of the Town of Brookhaven, including but
not limited to all express and implied powers of the Town Board of
the Town of Brookhaven.
B.
This chapter shall not be construed to exclude any
civil or criminal remedy provided by law for the enforcement of this
Code or of the laws of the County of Suffolk, the State of New York
or the United States.
If any clause, sentence, paragraph or subdivision
or part of this chapter or the application thereof to any person or
circumstance shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined,
in its operation, to the clause, sentence, paragraph, subdivision
or part of this chapter or, in its application, to the person or circumstance
directly involved in the controversy in which such judgment shall
be rendered.
This chapter shall take effect immediately upon
filing with the Secretary of State.
The Town Board of the Town of Brookhaven hereby
finds and determines that the peace, good order, health, safety and
ambience of the Town has been jeopardized, diminished and eroded in
certain areas within the Town by the careless and unseemly custom
and practice of some individuals who engage in human elimination in
public and/or private places having no sanitary facilities and/or
without the use of any sanitary facilities whatsoever; this Board
further finds that the continued occurrence of such conduct is detrimental
to the health, safety and welfare of the general public, including
but not limited to the residents and visitors of the Town. It is thus
the purpose of and intent of the Town Board in creating the following
provision to abate, limit and discourage such unhealthy and unsafe
conduct.
No person shall defecate or urinate in any public
place, as defined in accordance with Article 240 of the Penal Law
and acts amendatory thereto, or other public or private location except
in a public or private toilet or restroom.
Any person found guilty of violating this article
shall be subject to a minimum fine of $25, imprisonment not to exceed
15 days or a fine to be fixed by the court not to exceed $250, or
both.
