[HISTORY: Adopted by the Rochester City Council 9-8-1964. Amendments noted where applicable.]
GENERAL REFERENCES
Dance halls — See Ch. 46.
Noise — See Ch. 75.
Parks — See Ch. 79.
Conduct during public emergencies — See Ch. 93.
For the purposes of this chapter, the term:
GAMBLING DEVICE
Shall mean any apparatus, article, instrument, slot machine, table or any written, printed, marked or in any manner filled-in bet slip, parlay sheet or slip, pool sheet or slip or any other paper, writing or document representing a bet or wager on any sporting event, amateur or professional, or any horse race or any occurrence to be determined by chance, lot, unknown or contingent event at a time subsequent to placing of a wager thereon, or any combination of the aforementioned to be used in any act or acts of unlawful betting, gambling, playing or wagering for money or anything of value.
GAMBLING ESTABLISHMENT
Shall mean any room, building, structure, shelter or vehicle, or any part thereof, of any description, within or upon which any act or acts of unlawful betting, gambling, playing or wagering for money or anything of value are conducted.
HOUSE OF PROSTITUTION
Shall mean any room, building, structure, shelter or vehicle, or any part thereof, of any description, within or upon which any acts of unlawful sexual intercourse, fornication or indecency are encouraged, allowed or performed by any person or persons.
INDECENCY
Shall mean any appearance in the state of nudity or any indecent exposure or any exposure of the private parts, or any wanton and lascivious act committed in the presence of others or in a place open to public view.
INMATE OF A GAMBLING ESTABLISHMENT
Shall mean any person whose presence within or upon the premises of any gambling establishment, as defined in the definition of "gambling establishment" above, is to aid, abet or participate in any act or acts of unlawful betting, gambling, playing or wagering for money or anything of value.
INMATE OF A HOUSE OF PROSTITUTION
Shall mean any person whose presence within or upon the premises of any house of prostitution or place of public resort is to aid, abet or participate in any act or acts of unlawful sexual intercourse, fornication or indecency, by or with any person or persons, or any female found within or upon the premises who is a common prostitute and has no visible means of support.
PLACE OF PUBLIC RESORT
Shall mean any place of any description where the broad class of persons who constitute the public has a right to go for frequent assemblies and shall include but not be restricted to those places that are solely public in nature.
PORTABLE RECEIVER
Shall mean a radio receiver set of such size as to be easily and conveniently carried by hand or in a vehicle from one location to another, regardless of the type of power supply, and which can be quickly used while being carried by a person either on foot or in a vehicle.
UNLAWFUL SEXUAL INTERCOURSE
Shall mean the offering or receiving of the body for sexual intercourse or other physical sexual activity for money or anything of value and/or also includes the indiscriminate or promiscuous offering or receiving of the body for sexual intercourse or other physical sexual activity without payment of any kind.
A. 
No person shall use a portable receiver for the purpose of receiving signals on police or fire frequencies.
B. 
No person shall equip any motor vehicle with a radio receiving set capable of receiving signals on the frequencies allocated for police or fire use or knowingly use a motor vehicle so equipped or knowingly in any way interfere with the reception or transmission of radio messages by the Police or Fire Department.
[Amended 1-27-1970 by Ord. No. 70-36]
C. 
The Chief of Police is hereby authorized to issue, regulate or revoke permits for the use of such receiving sets to persons or corporations engaged in official business.
[Amended 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180]
D. 
The provisions of this section shall not apply to peace officers, authorized technicians of the Police and Fire Departments or persons holding a permit from the Chief of Police.
[Amended 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180]
[1]
Editor's Note: See also Ch. 75, Noise.
[Amended 2-14-2006 by Ord. No. 2006-22]
A person must not accost or compel an individual against his or her will to enter any place where merchandise is exposed for sale.
[Added 5-18-2004 by Ord. No. 2004-142[1]][2]
A. 
Legislative intent. This legislation is adopted in order to protect persons from threatening, intimidating or harassing behavior, to keep public places safe and attractive for use by all members of the community and to maintain and preserve public places where all of the community can interact in a peaceful manner. This legislation is also intended to provide for the free flow of pedestrian and vehicular traffic on streets and sidewalks in the City, to promote tourism and business and preserve the quality of urban life. The Council finds that aggressive acts associated with solicitation tend to interfere with the free flow of pedestrian and vehicular traffic and intimidate persons in public places, and can lead to disruption and disorder in public places. Aggressive acts can also cause persons to avoid public places and lead to declining patronage of commercial establishments and tourism. The Council further finds that solicitation in certain public places is inconsistent with the use of those places, is inherently intimidating, targets persons who are captive audiences or constitutes an invasion of privacy as persons are not able to simply move on if they do not wish to speak to the person soliciting. Solicitation in proximity to bank entrances or check-cashing businesses or automated teller machines is inherently intimidating and should be restricted. By this legislation, the Council intends to promote the health, safety and welfare of the citizens and visitors to the City.
B. 
Definitions. Whenever the following words and phrases are used in this section, they shall have the following meanings:
AGGRESSIVE MANNER
(1) 
Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation, or approaching within an arm's length of the person, except with the person's consent;
(2) 
Following the person being solicited, if that conduct is:
(a) 
Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
(b) 
Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;
(3) 
Continuing to solicit within five feet of the person being solicited after the person has made a negative response, if continuing the solicitation is:
(a) 
Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
(b) 
Is intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation;
(4) 
Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation;
(5) 
Intentionally or recklessly using words:
(a) 
Intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
(b) 
Intended or likely to intimidate the person into responding affirmatively to the solicitation; or
(6) 
Approaching the person being solicited in a manner that is:
(a) 
Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
(b) 
Intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation.
AUTOMATED TELLER MACHINE
A device, linked to a financial institution's account records, which is able to carry out transactions, including but not limited to account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
AUTOMATED TELLER MACHINE FACILITY
The area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
BANKING ORGANIZATION
All banks, trust companies, private bankers, savings banks, industrial banks, safe deposit companies, savings and loan associations, credit unions and investment companies as defined in § 2 of the New York State Banking Law.
LICENSED CASHER OF CHECKS
Any individual, partnership, unincorporated association or corporation duly licensed by the New York State Superintendent of Banks to engage in business pursuant to the provisions of Article IX-A of the New York State Banking Law.
PARKING GARAGE
As defined in § 111-117 of the Municipal Code, and including the Metro Center Garage.
PARKING STATION
A municipal parking lot as defined in § 111-103 of the Municipal Code.
PUBLIC PLACE
Any area or building owned, leased, operated or controlled by or on behalf of any government, municipality, public authority or public corporation in the City which is generally accessible by the public, including but not limited to any street, including the sidewalk portion thereof, skyway, bridge, tunnel, park, playground, recreation area, cemetery, school or school grounds, building, facility, driveway, parking lot or parking garage, and the doorways and entrances to buildings and dwellings.
SOLICIT
Shall include, without limitation, the spoken, written, or printed word or such other acts or bodily gestures as are conducted in furtherance of the purposes of immediately obtaining money or any other thing of value.
C. 
No person shall solicit in an aggressive manner in a public place.
D. 
No person shall solicit within 20 feet of an automated teller machine or an entrance or exit of an automated teller machine facility during the time the automated teller machine is available for customers' use; or within 20 feet of an entrance or exit to a banking organization or a licensed casher of checks during its business hours.
E. 
No person shall solicit when either the person soliciting or the person being solicited is in a bus shelter or at a bus stop.
F. 
No person shall solicit in a parking garage or parking station.
G. 
No person shall solicit in any portion of a public skyway or tunnel.
H. 
No person on a sidewalk or alongside a roadway shall solicit from any occupant of a motor vehicle that is on a street or other public place.
I. 
Penalties. A violation of this section shall be a "violation" as that term in defined in the Penal Law. A person convicted of violating this section shall be fined not less than $25 nor more than $250, and, in addition, for a second conviction within 12 months of a preceding conviction, may be imprisoned for a term not longer than 15 days. In lieu of a fine, the court may impose an appropriate alternative sentence; provided, however, that an alternative sentence shall not be an unconditional discharge.
J. 
Severability. If any provision of this section is declared invalid or unconstitutional for any reason, the remaining provisions shall be severable and shall continue in full force and effect.
[1]
Editor's Note: This ordinance provided an effective date of 7-1-2004.
[2]
Editor's Note: Former § 44-4, Begging, was repealed 4-26-1988 by Ord. No. 88-117.
A person must not sell or possess any substance intended for the sole purpose of emitting or giving forth a noisome, foul or offensive odor, nor use any substance for the sole purpose of emitting or giving forth a noisome, foul or offensive odor, nor sell or possess any substance intended for the sole purpose of causing sneezing or itching or for the sole purpose of irritating the eyes or the passages of the nose or throat, nor use any substance for the sole purpose of irritating the eyes or the passages of the nose or throat or causing any itching or sneezing.
[Amended 2-2-1988 by Ord. No. 88-23]
No person shall swim or bathe in any part of the Genesee River, Erie Canal or any mill race in the City of Rochester; nor shall any person jump or dive from a boat, raft, canoe, wharf, pier, bridge or other object into the Genesee River, Erie Canal or any mill race in the City of Rochester.
A person must not:
A. 
Sell, lend, give away or post any indecent or immoral book, picture, advertisement, play bill or other printed matter or any article which is intended for immoral or indecent use.
B. 
Appear in a state of nudity or in any indecent dress or willfully and lewdly expose the person or the private parts thereof in a street or public place where others are present.
[Added 2-22-1983 by Ord. No. 83-58[1]; amended 8-13-1991 by Ord. No. 91-357]
A. 
Definitions. Whenever the following words and phrases are used in this section, they shall have the following meanings:
ALCOHOLIC BEVERAGE
Every liquid containing alcohol, including but not limited to beer, liquor, spirits, wine and hard cider, as more specifically described in the New York State Alcoholic Beverage Control Law.
OPEN CONTAINER
Any bottle, can, carton, cup, glass or other receptacle usable for holding liquid which is uncapped, uncorked, unscrewed, unsealed or otherwise open in such a way as to permit direct consumption of its contents.
PERSON
Any individual 21 years of age or older.
PUBLIC PLACE
Any area or building owned, operated or controlled by or on behalf of any government, municipality or public authority or corporation within the boundaries of the City of Rochester, or portion of such place, which is generally accessible to the public, including but not limited to streets, sidewalks, skywalks, parking garages and lots, parks, playgrounds, recreation areas, cemeteries, places of employment or operations and schools and school grounds.
B. 
Consumption prohibited. No person shall consume any alcoholic beverage in a public place.
C. 
Possession prohibited. No person shall possess an open container of any alcoholic beverage in a public place with the intent to consume the beverage in a public place.
D. 
Exceptions. The provisions of Subsections B and C hereof shall not apply to consumption and possession of open containers of alcoholic beverages in public places:
(1) 
In conjunction with activities or events for which:
(a) 
A permit to consume alcoholic beverages has been issued by an authorized agency or officer of the City of Rochester or any person or organization authorized to operate a City-owned park in whole or in part pursuant to a written agreement or lease with the City of Rochester.
(b) 
A license to sell or distribute alcoholic beverages has been issued by the Alcoholic Beverage Control Board.
(2) 
Within the conduct of a religious service.
E. 
Presumptions.
(1) 
Possession by a person of an open container of an alcoholic beverage in a public place shall create a rebuttable presumption that such person intends to consume the beverage in such place.
(2) 
A manufacturer's label on an open container stating that the beverage in the container is an alcoholic beverage shall create a rebuttable presumption that the beverage in the container is an alcoholic beverage.
F. 
Opinion testimony. In any action or proceeding to enforce this section, a police officer who is experienced in the handling or use of alcoholic beverages and who has smelled or tasted the beverage in the open container that is in issue in the action or proceeding may testify as to his or her opinion whether such beverage was alcoholic.
G. 
Penalties. A violation of this section shall be a "violation" as that term in defined in the Penal Law. A person convicted of violating this section shall be fined not less than $25 nor more than $250, and, in addition, for a second conviction within 12 months of a preceding conviction, may be imprisoned for a term not longer than 15 days. In lieu of a fine, the court may impose an appropriate alternative sentence; provided, however, that an alternative sentence shall not be an unconditional discharge.
H. 
Severability. If any provision of this section is declared invalid or unconstitutional for any reason, the remaining provisions shall be severable and shall continue in full force and effect.
I. 
Legislative findings. In considering the regulation of alcoholic beverages in public places, the Council of the City of Rochester makes the following findings:
[Added 9-11-1991 by Ord. No. 91-401]
(1) 
The consumption of alcoholic beverages in public places, except under certain licensed circumstances, is detrimental to the health, safety and welfare of the residents of the City and visitors.
(2) 
The consumption of alcoholic beverages in public places contributes to the development of unsanitary conditions and the creation of nuisances, including but not limited to littering and raucous or other disorderly behavior, which can cause a hazard for individuals using or attempting to use those public places.
(3) 
Based upon facts presented by citizens, community groups and law enforcement personnel, the possession of open containers of alcoholic beverages with intent to consume such beverages in public places and the actual consumption of such beverages in public places is a serious, substantial and significant cause of persons, including those persons who are under the legal age for possessing alcohol, becoming unruly, disruptive, disorderly and creating a condition detrimental to the health, safety and welfare of the community.
(4) 
There is a significant relationship between possession of open containers of alcoholic beverages in public places and the general health, safety and welfare of the community.
(5) 
There is a significant relationship between the possession of open containers of alcoholic beverages in public places with the intent to consume the same and the consumption of alcoholic beverages in public places.
[1]
Editor's Note: This ordinance also repealed former § 44-9, Intoxication.
A person must not solicit another to go to any gambling house, house of ill fame, house of assignation or place kept for unlawful sexual intercourse.
A. 
No person shall knowingly keep any house of prostitution or any place or places for persons to visit for purposes of unlawful sexual intercourse, fornication or indecency or any place of public resort by which the peace, comfort or decency of a neighborhood is disturbed.
B. 
No person shall knowingly be an inmate of a house of prostitution or of any of the aforementioned places in this section or knowingly rent any building or portion thereof for the conduct of any act or acts of unlawful sexual intercourse, fornication or indecency by any person or persons.
A. 
No person shall knowingly keep or use, or permit to be kept or used, any gambling device or devices or gambling establishment or establishments.
B. 
No person shall knowingly be an inmate of a gambling establishment or any place where such aforementioned gambling devices are kept or used.
C. 
No person shall knowingly engage in any game or games of chance as banker, dealer, player or otherwise.
D. 
No person shall knowingly rent any building or portion thereof for the purposes of keeping or using any gambling device or devices or as a gambling establishment.
E. 
It is the duty of every member of the Police Department to take all lawful means to suppress any and all gambling devices, gambling establishments or games of chance and to seize any such devices and, upon conviction of the owner of such hereunder, to destroy the said devices upon the order of a judge of the City Court.
[Amended 1-27-1970 by Ord. No. 70-36]
If any word, clause, sentence, paragraph, section or other part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the word, or other part thereof, directly involved in the controversy in which such judgment shall have been rendered.
[1]
Editor's Note: Former § 44-14, Penalties, was renumbered as § 44-15 by Ord. No. 79-75. Said ordinance also added a new § 44-14, Patrons of improper after-hours drinking establishments, which section was subsequently repealed 2-22-1983 by Ord. No. 83-58.
[Added 1-12-1965; amended 1-26-1965; 7-22-1969 by Ord. No. 69-329; 8-13-1991 by Ord. No. 91-357; 5-18-2004 by Ord. No. 2004-142[1]]
A violation of this chapter, except §§ 44-4 and 44-9, is punishable by a fine not exceeding $1,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment, or by a penalty of not less than $5 nor more than $1,000, to be recovered by the City of Rochester in a civil action.
[1]
Editor's Note: This ordinance provided an effective date of 7-1-2004.