It shall be unlawful to engage in rioting or
rout or to commit any assault and battery or fighting.
[Amended 6-2-1986 by L.L. No. 3-1986]
It shall be unlawful to be engaged in any disorderly
assemblage.
[Added 9-17-1990 by Ord. No. 90-68; amended 9-28-1992 by Ord. No. 92-47; 8-1-1994 by Ord. No. 94-23]
A. Findings. The City of Schenectady finds that unsupervised
minors have recently been creating neighborhood problems, including
gambling, drug dealing, vandalism, noise, intoxication, physical assaults,
thefts, prostitution and other detrimental activities, and that it
is in the best interest of its people to preserve public health, safety
and welfare of the community in adopting a curfew directed toward
youth within its City limits under the age of 16 to protect minors
from each other, to protect others and their property and to reduce
juvenile crime. It is found that the following curfew legislation
is reasonable in relation to the ends sought to be achieved and does
not infringe on the fundamental rights of juveniles. Therefore:
(1) It shall be unlawful for any minor under the age of
16 to be in or remain upon any public building, street, highway, park,
vacant lot or other public place during the following hours: Sunday,
Monday, Tuesday, Wednesday and Thursday between the hours of 10:00
p.m. and 6:00 a.m. and Friday and Saturday between the hours of 11:00
p.m. and 6:00 a.m.
(2) The following shall constitute valid exceptions to
the operation of the curfew:
(a)
At any time, if the minor is accompanied by
his or her parent, legal guardian, custodian or other legally responsible
person who is over the age of 21 and approved by the minor's parent,
legal guardian or custodian.
(b)
At any time, if the minor is on an emergency
errand as directed by his or her parent, legal guardian or custodian.
(c)
If the minor is legally employed, for the period
from one-half hour before to one-half hour after work, while going
directly between his or her home and place of employment. This exception
shall also apply if the minor is in a public place during curfew hours
in the course of his or her employment. To come under this exception,
the minor must be carrying a written statement from the employer attesting
to the place and hours of employment.
(d)
Until the hour of 12:30 a.m., if the minor is
on the property of or the sidewalk directly adjacent to the building
in which he or she resides or the buildings immediately adjacent thereto.
(e)
If the minor is coming directly home from a
community, school or religious event or place of public entertainment,
such as a movie, play or sporting event. This exception will apply
for one-half hour after the completion of such event, but in no case
beyond 12:30 a.m. If the event is not commercial in nature or does
not have a fixed publicly known time at which it will end, the sponsoring
organization must register the event with the Police Department at
least 24 hours in advance, informing it of the time such event is
scheduled to begin, the place at which it shall be held, the time
at which it will end and the name of the sponsoring organization.
B. A police officer who has probable cause to believe
that a minor is in violation of this section shall ascertain the name
and address and proof of age of said minor and inform the minor that
he or she is in violation of curfew. A record shall be kept for future
reference, and the officer shall take or direct such minor to the
minor's parent, guardian or custodian and, if there is no parent,
guardian or custodian available, then to the police station where
an immediate attempt shall be made to notify the minor's parent, guardian
or custodian that the minor is in police custody and that they can
come to the police station to take the minor home. If no parent, guardian
or custodian has arrived at the police station within two hours after
the minor's arrival at the police station, the minor shall be turned
over to the custody of the City Police Department Youth Aide Bureau
and be held in a shelter run by a licensed Division for Youth facility
until a parent, guardian or custodian can take custody of him or her.
If the minor refuses to inform the officer of his or her parent, guardian
or custodian, name and address, the minor may be taken to the police
station and be turned over to the custody of the City Police Department
Youth Aide Bureau to be dealt with in accordance with appropriate
law and procedure.
C. At the time the Police Officer takes the minor to
his or her parent, guardian or custodian, the officer shall provide
the parent, guardian or custodian with a copy of this section and
inform them that a proceeding may be instituted in Family Court under
Article 7 of the New York State Family Court Act to determine whether
the minor is a person in need of supervision.
D. Names of absent parents are to be reported to the
Schenectady County Department of Social Services for investigation
of possible child neglect.
E. Whenever the owner or person in charge or control of any place of amusement, entertainment, refreshment or other place of business shall find any person under the age of 16 years in or about such place in violation of Subsection
A, he or she shall immediately order such minor or minors to leave, and if such minor or minors refuse to leave, the owner or person in charge shall immediately inform the Police Department of the violation. Failure of the owner or person in charge of said business establishment to obey this subsection shall be subject to a fine not to be in excess of $250.
F. Any City citizen may request an opinion from the office
of the Mayor as to what is permissible activity, and, in appropriate
cases, permits will be issued.
[Added 4-16-1990 by Ord. No. 90-25]
A. A "cemetery" is a place for burial of the dead and
shall include a mausoleum, vault, grave, columbarium or other receptacle.
B. It shall be unlawful for any person to wantonly or
willfully destroy, break, injure, deface, disfigure or remove any
gravestone, monument, ornament or decoration at a grave or in a cemetery.
It shall be unlawful for any person, other than
the owner thereof, to wantonly or willfully destroy, break, injure,
deface or remove any lamppost, lamp, tree, fence, gate, sign, awning,
window or other construction or erection or useful or ornamental work
or any part thereof or to willfully or wantonly daub or besmear with
any mixture or substance whatever any culvert, bridge, building, monument,
lamppost, lamp, tree, fence, gate, sign, awning or other construction
or erection or useful or ornamental work of any party thereof or to
aid or abet therein.
It shall be unlawful to willfully or wantonly
destroy, injure, break or deface any culvert, bridge or building or
any part thereof attached to, connected with or making part of any
such culvert, bridge or building.
It shall be unlawful to willfully or wantonly
destroy, injure, break or impair the usefulness or deface, conceal
or remove any fire engine, hose cart, hook and ladder truck or any
part thereof or any fire hose or any implement or apparatus or any
part thereof belonging, attaching or appertaining to any such fire
engine, fire hose, hose cart or hook and ladder company organized
within this City, and no person shall aid, abet or be an accessory
to any violation of this section.
Every person who shall give or cause to be given
a false fire alarm with intent to deceive shall be guilty of a misdemeanor.
It shall be unlawful for any person to:
A. Transfer, meddle or interfere with any fire alarm
or police box, or any part thereof.
B. Cut, break, injure, deface, destroy or remove any
City fire alarm or police box or the wires, insulators, cables, poles,
materials or property of the fire alarm or police telegraph, telephone
or signal lines, or any part thereof.
C. Make any connection or communication with said telegraph,
telephone or signal lines, or any part thereof.
D. Injure, break, destroy or remove any fixtures, apparatus
or machinery connected with such telegraph, telephone or signal lines,
or any part thereof.
E. Affix or cause to be affixed to or upon any of the
poles, boxes or apparatus of or connected with such telegraph, telephone
or signal lines any words, characters, devices or advertisements,
or any notice whatever.
No City building shall be used or occupied by
any person or persons for the purpose of drinking, carousing, gaming,
prostitution or other vice or immorality.
No person shall fire or assist in firing any
gun, cannon or pistol or explosive combustibles in the streets, public
squares or pleasure grounds within this City unless permission so
to do shall have been obtained from the Mayor, provided that such
permission shall not be given by the Mayor to apply to any hour between
10:00 p.m. and 6:00 a.m.
[Amended 8-5-1991 by Ord. No. 91-35]
A. It shall be unlawful for any person to possess or
discharge any air gun or pistol, spring gun or pistol, pellet gun
or pistol, any BB gun or pistol which propels a single globular projectile
not exceeding 0.18 inch in diameter or other similar instrument in
which the propelling force is a spring or compressed air or other
gas in any park, building, street or other public place.
B. Violations of this section are punishable by a fine
not to exceed $25 for the first offense, $50 for the second offense
and $75 for each offense thereafter.
[Amended 9-4-1990 by Ord. No. 90-67]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location, and includes
the concept of spending time idly, to be dilatory, to linger, to stay,
to saunter, to delay and to stand around and also includes the colloquial
expression "hanging around."
PUBLIC PLACE
Any place to which the general public has access and a right
to resort for business, entertainment or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
B. Loitering; police order to disperse. It shall be unlawful
for any person to loiter, loaf, wander, stand or remain idle, either
alone and/or in consort with others, in a public place in such a manner
so as to:
(1) Obstruct any public street, public highway, public
sidewalk or any other public place or building by hindering or impeding
or tending to hinder or impede the free and uninterrupted passage
of vehicles, traffic or pedestrians.
(2) Commit in or upon any public street, public highway,
public sidewalk or any other public place or building any act or thing
which is an obstruction or interference to the free and uninterrupted
use of property or with any business lawfully conducted by anyone
in or upon or facing or fronting on any such public street, public
highway, public sidewalk or any other public place or building, all
of which prevents the free and uninterrupted ingress, egress, and
regress therein, thereon and thereto.
C. Penalties for offenses.
(1) When any person causes or commits any of the conditions
enumerated herein, a police officer or any law enforcement officer
shall order that person to stop causing or committing such conditions
and to move on or disperse. Any person who fails or refuses to obey
such orders shall be guilty of a violation of this section.
(2) A violation of this section of the Schenectady Code
shall be a violation, and the violation shall be subject to a fine
not exceeding $1,000 or to imprisonment not exceeding 15 days, or
both. Any such violation shall constitute a separate offense on each
successive day continued.
[Amended 12-21-1992 by Ord. No. 92-56]
A. No person shall keep or assist in keeping a disorderly
house or house of prostitution or house of assignation or entertain
or assist in entertaining lewd women for the purpose of prostitution
nor procure nor assist in procuring lewd women for that purpose.
B. No owner or lessee of a house or tenement shall permit any occupant thereof who has been convicted of any violation of Subsection
A to continue in the occupation thereof for more than 20 days after having received written notice of such conviction.
C. The presence of any person, male or female, in a gambling
house or in a room or place where gambling is being carried on or
in a room or place where gambling instruments or apparatus are used
shall be presumptive evidence that such person is a gambler, and the
presence of any female in a house of prostitution shall be presumptive
evidence that such female is a prostitute.
No person shall, in any manner, interfere with
any City officer or employee or any contractor with the City while
acting pursuant to any law or ordinance or resolution of the City
Council.
A. No person shall throw, deposit, strew or litter on
any street, sidewalk, square, park or other public place in the City,
or cause to be thrown, deposited, strewn or littered thereon, any
paper, advertisements, cardboard, handbills, paper boxes or other
similar waste material.
B. Penalties. Any person who violates any of the provisions
of this section shall be deemed guilty of an offense and, upon conviction,
shall be punished by a fine not to exceed $250 for the first offense
and a fine up to but not exceeding $500 for each subsequent offense
and/or a sentence of eight hours of court-imposed community service.
[Added 9-30-1991 by Ord. No. 91-39]
Any person or persons who shall use or occupy
any of the streets, alleys or vacant ground belonging to the City
may be removed from such occupancy by the direction of the Mayor of
the City or by a resolution of the City Council, and the person or
persons refusing or neglecting to comply with such order or resolution
shall be guilty of a misdemeanor.
It shall be unlawful to make, draw, paint or
post any indecent or obscene drawing, figure, picture, bill or writing,
or write, print or paint any indecent or obscene words exposed to
view on any culvert, bridge, building, lamppost, tree, fence, gate,
sign, awning or other construction or erection.
It shall be unlawful to publicly use indecent
language.
It shall be unlawful to make an indecent exposure
of the person.
It shall be unlawful for any person to swim
or bathe in any canal, river, pond or outdoor swimming pool within
the City at any time except with a proper bathing suit.
It shall be unlawful to promote an indecent
exhibition or aid or abet in any way thereto.
It shall be unlawful for any person to pretend
to read character within the City unless such person is a physician,
duly authorized to practice medicine within the State of New York,
or a psychologist who is a graduate of a duly accredited college or
university and who has majored in the field of psychology; but this
section shall not be construed to interfere with the belief, practices
or usages of an incorporated ecclesiastical governing body or the
duly licensed teachers or ministers thereof acting in good faith and
without personal fee, nor shall it be construed to prohibit or prevent
any show, trick, feat, display or other act or exhibition performed
by a magician or mentalist for purposes of amusement or entertainment
and without personal fee.
A. Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
BUS
A motor vehicle operated for the use and convenience of the
public, usually along the same route or between stated terminals,
or on a fixed or stated schedule, carrying passengers for hire. It
does not include what is commonly known as a "taxicab."
FLASH PAPER
Any paper, paper product or material which has been coated,
treated or impregnated with nitrocellulose.
KNOWINGLY
A person acts "knowingly" with respect to conduct or to a
circumstance described in the definition of "offense" in this section
when he is aware that his conduct is of such nature or that such circumstance
exists. The term "knowingly" shall apply to every element of the offense
defined in this subsection.
OFFENSE
A person is guilty of a misdemeanor when:
(1)
He knowingly possesses flash paper.
(2)
Having substantial proprietary or other authoritative
control of any room, dwelling, structure or vehicle, or any part thereof,
he knowingly permits flash paper to be brought into, kept or stored
in such room, dwelling, structure or vehicle, or any part thereof.
PERSON
Includes the singular and the plural, and shall also include
any person, firm, partnership, association, corporation, company or
organization of any kind.
POSSESS
To have physical possession or otherwise to exercise dominion
or control of.
B. Presumption. Proof of possession of any flash paper
is presumptive evidence of possession thereof with knowledge that
it is flash paper.
C. Penalty. Conviction of an offense, as defined in this
section, is punishable by imprisonment for a period not to exceed
60 days or by a fine not to exceed $1,000, or by both such imprisonment
and fine.
No person shall, while in a bus being operated
within the City, light or smoke any cigarette, pipe tobacco, cigar
or tobacco in any form which gives off smoke, fumes, aroma or tobacco
odor. Every person carrying a lighted cigarette, pipe or cigar, upon
entering a bus, shall extinguish the same before entering.
[Added 12-12-2016 by Ord.
No. 2016-24]
A. Smoking shall not be permitted and no person shall smoke within a
motor vehicle, as defined by the Vehicle and Transportation Law, where
a minor under 16 years of age is a passenger in any such vehicle.
B. A person who holds an electronic cigarette or electronic smoking
device or a lighted cigar, cigarette, pipe or any other matter or
substance which contains tobacco or any other plant or matter that
can be smoked to or in the immediate proximity of his or her mouth
while in such vehicle is presumed to be engaging in smoking within
the meaning of this section. The presumption established by this subsection
is rebuttable by evidence showing that the person was not smoking
a lighted cigar, cigarette, pipe or other matter or substance which
contains tobacco or any other plant or matter that can be smoked.
C. Penalties.
(1)
Any person who violates this section shall, upon conviction
thereof, receive a fine of $50 for a first offense within a one-year
period.
(2)
For a second offense within a one-year period, the fine shall
be $100.
(3)
For a third offense within a one-year period, the fine shall
be $150.
[Added 10-19-1987 by Ord. No. 87-67]
A. No person shall intentionally throw, deposit, strew
or litter on any street, sidewalk, square, park or other public place
in the City or upon private property without the permission of the
owner or intentionally cause to be thrown, deposited, strewn or littered
thereon, any wood, concrete, building materials, debris, junk or similar
garbage of any quantity or any paper, advertisements, cardboard, handbills,
paper boxes or other similar paper waste material or other offensive
material, weighing in excess of 1/2 pound.
B. Penalty. Conviction of an offense, as defined in this
section, is punishable by imprisonment for a period not to exceed
60 days or by a fine not to exceed $1,000, or by both such imprisonment
and fine.
[Added 10-19-1987 by Ord. No. 87-67]
Unless otherwise specified in this chapter,
any person, firm or corporation who shall violate any provision of
this chapter shall be deemed guilty of an offense and, upon conviction,
shall be punished by a fine not to exceed $250 or by a civil penalty
of not more than $500 to be recovered by the City in a civil action.
[Added 12-21-1992 by L.L. No. 6-1992]
All hunting, use of firearms and bows and arrows
within the Woodlawn Drainage Area and all public areas of the City
of Schenectady are at all times prohibited.
[Added 12-21-1992 by Ord. No. 92-55]
A violation of §
192-27 shall be a violation, and the violation shall be subject to a fine not exceeding $1,000 or to imprisonment not exceeding 15 days, or both.
[Added 4-10-1995 by Ord. No. 95-10]
There is hereby established a Center for Nonviolence
Board. The Board shall consist of no less than three persons to be
appointed by the Mayor without confirmation by City Council. Terms
of office are to be determined by the Mayor at the time of appointment.
One member shall be chosen as Chairperson, who shall call meetings.
[Added 5-22-2000 by Ord. No. 2000-05; amended 6-25-2018 by Ord. No. 2018-05]
Pursuant to § 405.00 of the Penal Law of New York,
a permit for the public display of fireworks by municipalities, fair
associations, amusement parks, organizations, or by individuals shall
be required from the Office of Consumer Protection prior to any such
display in accordance with the terms of § 405.00 of the
Penal Law of New York. All such permits must be approved by the head
of the Police and Fire Departments of the City of Schenectady. There
shall be no fee for such permit if the applicant provides acceptable
proof that the fireworks display is for the benefit of a charitable
organization, not-for-profit organization or municipality; the fee
for all other permits shall be $50.
A. A "public display of fireworks" shall be defined using fireworks
in any way which allows for someone on public property to view their
launch or their explosion after being launched.
B. If any person shall violate the provisions of this section, they
shall be punished by a fine not to exceed $250. Each individual launch
of fireworks shall constitute a separate offense.
C. When there is probable cause to believe that a violation of this
section has occurred, the party responsible shall be subject to confiscation
and evidentiary seizure of the offending source of fireworks and any
firework launching paraphernalia and subject to forfeiture upon conviction
after trial.
[Added 3-24-2014 by Ord.
No. 2014-13]
A. All tobacco products shall be sold in the manufacturer's packages,
which shall be of such construction as will securely contain the products
therein and maintain all marks or stamps as required by local, state,
or federal law. No person may offer for sale any tobacco products
that are not in the manufacturer's packages bearing the marks,
labels, and notices as required by local, state, or federal law.