[HISTORY: Adopted by the City Council of the City of Auburn 3-28-1991
by L.L. No. 2-1991 as Ch. 65 of the 1991 Code. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "City of Auburn
Public Conduct Ordinance."
The purpose of this chapter is to promote the health, safety, morals
and general welfare of the community, including the protection and preservation
of the property of the City and of its inhabitants, and of the peace and good
order of the City.
A.
No person shall loiter in or around public buildings
or obstruct corridors, stairways or doorways so as to prevent free access
by members of the public, officers or employees. No person shall by his or
her presence or by means either alone or in concert with others interfere
with or interrupt the conduct of business in the offices located in any such
buildings.
B.
No person shall loiter in or upon any public sidewalk,
street, bridge, public building or place or obstruct the use thereof so as
to prevent free and reasonable access by other members of the public or prevent
the exercise of duties by public officers or employees.
C.
No person shall, without permission of the owner or occupant
thereof, conceal himself, loiter or prowl on the property of another in such
a manner as to reasonably cause alarm for the safety of persons or property
in the vicinity.
D.
No person shall, during the nighttime or hours of darkness,
conceal himself, loiter or prowl in any public park, playground or recreation
area in such a manner as to reasonably cause alarm for the safety of persons
or property in the vicinity.
A.
Discharge of firearms, air guns or spring guns. No person
shall discharge any firearm, air gun, spring gun, slingshot, crossbow or other
similar instrument or weapon within the City except in self-defense or in
the discharge of official duty or during a memorial service or veteran's
funeral or at an indoor rifle range operated under the supervision, guidance
and instruction of a duly commissioned officer of one of the Armed Forces,
including the National Guard and Reserve Forces, or a duly qualified adult
citizen of the United States who has been granted a certificate as an instructor
of small arms practice issued by one of the Armed Forces of the United States,
the Adjutant General of the state, the National Rifle Association of America,
or the Bureau of Municipal Police.
B.
Carrying of weapons prohibited; exceptions. No person
shall carry about his or her person any dirk, bowie knife, sword, spear cane,
pistol, revolver, slingshot, jimmy, brass knuckles, or other dangerous, improper
or unlawful weapon, except that this subsection shall not apply to police
officers or other persons expressly authorized to carry any such weapons.
Pursuant to Subdivision 1 of § 405.00 of the Penal Law of
the State of New York, the City Manager is hereby designated the permit authority
to grant and issue permits for the public display of fireworks in accordance
with the provisions of § 405.00 of the Penal Law.
No person shall place upon or fasten or affix to any public electric
or telephone pole, lamppost, tree, fence, sidewalk, container or building
any advertisement, placard, poster, letter or device stating, referring to,
advertising or intending to state, refer to or advertise any meeting, business
exhibition, dance or amusement of any kind, or the sale or manufacture of
any article or thing whatsoever, except, however, that upon special occasions
or in emergencies the City Manager may sanction by written permit to be filed
in the office of the City Clerk the use of certain lampposts, electric or
telephone poles and trees for such advertisement, for a limited period of
time.
A.
No person shall beg upon any public street or public
place within the City.
B.
No person shall solicit alms in any public street or
public place for any purpose within the City without written permission from
the City Manager. Permission shall only be given for bona fide religious,
charitable, veteran and eleemosynary organizations and institutions.
No person shall engage in fighting or breach of the peace, nor shall
any person challenge or provoke another to fight, or threaten personal violence
to another person, or assist, or in any manner countenance, any fight or pugilistic
encounter, or engage in any cockfight, dog fight or other acts tending to
produce a breach of peace.
A.
Disorderly houses. No person shall suffer or permit his
or her building or property, or any building or property under his or her
immediate control, to be used, resorted to, or frequented by any riotous or
disorderly persons, vagrants, gamblers or prostitutes, or suffer or permit
any boisterous, riotous or disorderly conduct therein or thereabouts.
B.
Disorderly conduct. No person shall take part in any
riot or disorder in or about any building or place, or aid or abet the same.
No person shall willfully disturb or annoy any lawful assembly, collection
of persons, or organized meeting of any kind, or cause the same to be done
in any manner, or by any means whatsoever, or disturb or annoy the occupant
of any house, store, building or other place by knocking or rattling on the
door, window, or gate thereof, or by ringing the doorbell, or in any other
manner.
A.
Immodest exhibitions. No person shall publicly make any
indecent, immodest or immoral exhibition or exposure of his or her person,
or of any animal or thing, or cause or procure any other person so to do.
B.
Swimming in public places. No person shall swim or bathe
in the Owasco River. No person shall swim or bathe in any other raceway or
canal or public place, unless his or her person is covered by a proper and
sufficient garment or bathing suit, so as not to expose his or her private
parts, including the breasts of a woman, or remove his or her clothes for
the purpose of putting on such garment or bathing suit preparatory to bathing
during the daylight hours, unless within a tent, building, or other concealed
location.
C.
Rafting and boating on Owasco River. No person shall
engage in tubing, rafting, boating or similar activities north of the Mill
Street Dam on Owasco River in the City of Auburn.
No person shall willfully injure, mark, damage or deface any building,
bridge, culvert or other structure, whether public or private, or any fence,
fixture, or the appurtenances thereof, or any wall, railing, tree, vine, shrub
or plant in any public place, or any public or private property.
No person shall leave any abandoned, unattended or discarded icebox,
refrigerator, or similar container of any kind having locking doors outside
of any building or dwelling in a place accessible to children without first
removing the door or doors from such icebox, refrigerator or other container.
A.
Legislative intent and purpose.
(1)
The Council finds that the unrestricted consumption of
alcoholic beverages in certain public places often leads to disorders and
related problems as well as the littering of such public places and is disturbing
to the public and threatens peace and good order.
(2)
The purpose of this section is to prohibit the consumption
of alcoholic beverages in certain public places in order to prevent disorderly
behavior and the littering of public places and to protect the public health,
safety and welfare and to promote the public good.
B.
Prohibition. No person shall, within the City of Auburn,
drink or otherwise consume liquor, wine, beer or other alcoholic beverages
while such person is in or upon any public sidewalk, street, highway, parking
lot, bathing beach, public park or such other public place as defined by § 240.00
of the Penal Law of the State of New York.
C.
Possession of open containers. No person shall carry or have in his or her possession, within the City of Auburn, any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in Subsection B of this section.
D.
Presumptions.
(1)
The possession of an open bottle or open container unwrapped
or with the top exposed in a public place as herein defined shall be presumptive
evidence that such open bottle or open container is intended to be consumed
in a public place.
(2)
An open bottle or open container in any vehicle while
in or on any public sidewalk, street, highway, parking lot, bathing beach,
public park or other public place as defined by § 240.00 of the
Penal Law of the State of New York shall be presumptive evidence that the
same is in the possession of all the occupants thereof.
E.
Exceptions. The City Manager may grant a permit to any
benevolent association or any organized or duly constituted group to use open
bottles or containers of alcoholic beverages at any City-owned park for certain
specified activities or affairs. Permission shall be granted only to those
where all rules and regulations of the Alcoholic Beverage Control Board have
been complied with. Compliance with such rules and regulations shall not constitute
automatic granting of a permit but shall only be one of the conditions to
be met for such approval.
A.
Maximum speed limits.
(1)
Guarded crossings. Whenever the crossing by a railroad
at grade of streets, highways, turnpikes, plank roads or traveled ways of
this City shall be protected by gates with persons to open and close the same
or by any type of automatic protection when an engine or train passes, the
maximum rate of speed at which such engine or train shall run is 40 miles
an hour.
(2)
Unguarded crossings. Whenever the crossing by a railroad
at grade of streets, highways, turnpikes, plank roads or traveled ways of
this City shall not be protected by gates with persons to open and close the
same or by any type of automatic protection when an engine or train shall
run, the maximum rate of speed at which such engine or train shall run is
20 miles an hour.
B.
Riding on railways. No person shall climb upon or cling
to any engine, tender, railway vehicle or car, or part thereof, or stand,
sit or ride upon the steps or platform of, in or upon any such car, engine
or vehicle while passing through the City, unless such person is an employee
of the railroad company operating such engine, tender, vehicle or car, or
otherwise properly authorized.
[Amended 3-18-2004 by Ord. No. 1-2004]
A.
Purpose. The purpose of this section is to regulate the
use of certain public areas within the vicinity of the City center so as to
promote the general welfare and public use of said areas.
B.
DESIGNATED AREA
Definitions. As used in this section, the following terms
shall have the meanings indicated:
All that area of public property and public roadway, including adjacent
sidewalks, situated on and within the following described boundaries: beginning
at the intersection of Genesee Street and North Fulton Street running northerly
along said North Fulton Street to its intersection with Seymour Street; thence
running westerly along Seymour Street to its intersection with Washington
Street; thence first running in a southerly direction along Washington Street,
and continuing in a southeasterly direction along said Washington Street to
its intersection with West Genesee Street; thence running westerly along West
Genesee Street to its intersection with Ross Place; thence running southeasterly
along Ross Place to its intersection with Woodlawn Avenue; thence running
northeasterly along Woodlawn Avenue to its intersection with Fort Street;
thence running southeasterly along Fort Street to its intersection with Westlake
Avenue; thence running easterly to its intersection with William Street; thence
running southerly to its intersection with South Street; thence running southerly
to its intersection with Logan Street; thence running easterly to the intersection
of Osborne Street; thence running southerly to the intersection of Lake Avenue;
thence running northerly over the Lake Avenue Bridge to the intersection of
Owasco Street; thence running northerly on Owasco Street to the intersection
of South Fulton Street; thence running northerly on South Fulton Street to
the intersection of East Genesee; thence running north on North Fulton to
the point and place of beginning.
C.
Riding of skateboards, roller blades, bicycles, and similar
wheeled devices is prohibited:
(1)
In the aforementioned defined areas at all times;
(2)
On public property unless use of a skateboard is authorized
by regulation, ordinance or statute, or is otherwise authorized by the governmental
agency, department or commission responsible for such property. Public property
does not include public roads, highways, bicycle and/or skateboard paths,
or sidewalks abutting private property outside the aforementioned designated
areas. Public property also shall not include Recreation Department facilities,
which facilities shall be subject to the rules and regulations of the Recreation
Department;
(3)
On portions of private property, including but not limited
to outdoor plazas, that are dedicated to use by the general public, where
the owner of such private property has posted a notice indicating that skateboarding
is prohibited on the property;
D.
Wheelchairs, baby carriages and similar devices intended
for the convenience and comfort of handicapped persons or infants are permitted
in the aforementioned areas. Notwithstanding the foregoing, bicyclists may
ride on said areas, provided that all cyclists shall adhere to all sections
of the New York State Vehicle and Traffic Law governing the riding of bicycles
and shall not engage in activity which may cause property damage.
E.
Whenever a police officer has probable cause to believe
a skateboard was used or is being used in violation of this section, the officer
may seize the skateboard. Any person authorized to enforce ordinances may
issue a ticket to any person in violation of this section. Any person to whom
a ticket is issued may, within eight days of receipt, pay $25 in lieu of contesting
the violation and in lieu of any other fines or penalties. For a second offense
within the preceding year, the fine will be $50. For a third offense within
the preceding year, the fine will be $100. Upon timely payment under this
subsection, the Police Department shall make any skateboard seized under this
section available for return to the offender, pursuant to the procedures established
by the Police Department.
