[Added 9-26-1994 by L.L.
No. 5-1994]
The City Manager, or his designee, is hereby designated and authorized
to be the individual with the power and authority to act on behalf of the
City Council of the City of Batavia to issue an order or letter banning individuals
from the property owned by the city within the Genesee Country Mall known
and designated as the Mall Concourse for conduct as hereafter stated.
Any person is prohibited from engaging in the following conduct in the
Mall Concourse in the Genesee Country Mall which shall be subject to the authority
of the City Manager, or his designee, as aforesaid, which conduct shall have
the same meanings as set forth in §§ 240.20 (Disorderly Conduct)
and 240.26 (Harassment in the Second Degree) of the Penal Law of the State
of New York.
A.
Engages in fighting or in violent, tumultuous or threatening
behavior;
B.
Makes unreasonable noise;
C.
Uses abusive or obscene language, or makes an obscene
gesture;
D.
Without lawful authority, disturbs any lawful assembly
or meeting of persons;
E.
Obstructs pedestrian traffic;
F.
Congregates with other persons and refuses to comply
with a lawful order of the police to disperse;
G.
Creates a hazardous or physically offensive condition
by any act which serves no legitimate purpose;
H.
Strikes, shoves, kicks or otherwise subjects another
person to physical contact, or attempts or threatens to do the same;
I.
Follows a person in or about the Mall Concourse; or
J.
Engages in a course of conduct or repeatedly commits
acts which alarm or seriously annoy another person and which serve no legitimate
purpose.
A.
Any person who is sixteen years of age or older shall
also be subject to the authority of the City Manager, or his designee, as
aforesaid if such person is convicted of any violation of the Penal Law of
the State of New York in a court of competent jurisdiction based upon an act
of conduct occurring or originating in the said Mall Concourse.
B.
Any person who is over seven and less than 16 years of
age shall also be subject to the authority of the City Manager, or his designee,
as aforesaid if such person is determined by the Family Court to have committed
an act which would have been a violation of the Penal Law of the State of
New York if committed by any adult over the age of 16 based upon an act or
conduct occurring or originating in the said Mall Concourse.
The City Manager, or his designee, is hereby authorized to ban an individual
from the Genesee Country Mall Concourse for a period to be not less than seven
days and not more than one year as justice requires based upon the seriousness
of the act or conduct and whether or not the person is a repeat offender.
