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For the purposes of this chapter, the following terms shall have the following meanings:

ESTABLISHMENT An office, shop, store, or place conducting business in the City of Buffalo.

PRACTICE OF DENTISTRY The practice of the profession of dentistry as diagnosing, treating, operating, or prescribing for any disease, pain, injury, deformity, or physical condition of the oral and maxillofacial area related to restoring and maintaining dental health. The practice of dentistry includes the prescribing and fabrication of dental prostheses and appliances. The practice of dentistry may include performing physical evaluations in conjunction with the provision of dental treatment.

A. Only a person licensed or otherwise authorized to practice under Article 133 of the Education Law shall practice dentistry in the City of Buffalo. B. No establishment in the City of Buffalo shall allow a person who is unlicensed or unauthorized under Article 133 of the Education Law to engage in the practice of dentistry.

Any individual, entity, or establishment found in violation of any provision of this chapter shall be reported to the New York State Board for Dentistry and may be deemed in violation of the Code of the City of Buffalo, and may be subjected to those penalties as provided in § 1-15 of the Charter and Code of the City of Buffalo.

[HISTORY: Adopted by the Common Council of the City of Buffalo 2-16-2010, effective 4-1-2010. Amendments noted where applicable.] GENERAL REFERENCES Records — See Ch. 361.

A. It is the intention of the Common Council of the City of Buffalo to establish a mechanism by which those who choose not to or are legally prohibited from marrying can express and document their commitment to each other as domestic partners. The Common Council deems it is appropriate and fair that certain societal benefits and privileges now accorded to those who are in a legally recognized partnership be available to domestic partners. B. This legislation is intended to define the term "domestic partnership" and establish a registry for residents wishing to acknowledge said relationships.

A. A domestic partnership shall exist between two persons who execute and file with the City Clerk of the City of Buffalo a statement of domestic partnership in which each individual as to him or herself declares, under penalties of perjury that: (1) The individuals are at least 18 years of age. (2) The individuals are competent to enter into a contract. (3) The individuals are not married in any jurisdiction. (4) The individuals are committed to the physical, emotional and financial care and support of each other. (5) The individuals are financially interdependent. (6) The individuals have represented to persons outside their domestic partnership that they are domestic partners. (7) The individuals are each other's sole domestic partner, and eac...

A. Either individual in a domestic partnership may terminate the domestic partnership by executing and filing with the City Clerk a termination of domestic partnership in which the individual declares the following: (1) The domestic partnership has been terminated. (2) The individual terminating the domestic partnership has notified the other domestic partner of the termination in writing. (3) Written notice of the termination has been received by the other domestic partner at least 30 days immediately prior to the filing of the termination of domestic partnership. B. A termination of domestic partnership shall be executed before the City Clerk or a designee under oath and penalty of perjury as to each of its declarations and shall be subscribed b...

The City Clerk shall charge a nonrefundable fee of $40 for the filing of a statement of domestic partnership or a termination of domestic partnership. The City Clerk shall charge a nonrefundable fee of $40 for providing an additional certified copy of either document.

The City Clerk shall maintain a log of statement of name of each individual and date of filing in a format designed to facilitate access to such statements. The log shall be a public record pursuant to the Freedom of Information Law.[1] The City Clerk shall treat any other information of a personally identifying nature relating to an individual as a matter of personal privacy exempt from disclosure under such law. [1] Editor's Note: See Public Officers Law § 84 et seq.

A. The City Clerk shall ensure the confidentiality of information contained in the registry. In the course of ordinary business, such information shall be released as follows: (1) To one or both parties to the domestic partnership. (2) To an individual presenting written authorization from one or both of the parties to the domestic partnership. (3) In accordance with an order of a court of competent jurisdiction or a so-ordered subpoena.

[HISTORY: Derived from the Charter and Ordinances, 1974, of the City of Buffalo as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Alcoholic beverages — See Ch. 69. Eviction for illegal drug use and possession — See Ch. 270.

[Derived from Art. XXIV of Ch. VII of the Charter and Ordinances, 1974]

A. The Common Council, after public hearings, finds that there is an increasing use of real property within the City of Buffalo for the purpose of flagrant violation of the penal laws relating to dangerous drugs. The Council also finds that such use continues even after interdiction by police authorities, with repeated offenses being committed at the same properties. B. The Council finds that this situation seriously interferes with the interest of the public in the areas of quality of neighborhood life and environment; diminution of property values; safety of the public upon the streets and sidewalks; and increasing costs of law enforcement as a result of these illegal activities. C. The Council, therefore, finds it in the public interest to authoriz...

A. For purposes of this Article, the following are declared to be public nuisances: (1) Any building, structure or place where violations of any of the provisions of Article 220, 221 or 225 of the Penal Law are occurring and where one (1) or more violations of such provisions which have resulted in one (1) or more criminal convictions have occurred within the eighteen-month period of time prior to the commencement of a proceeding pursuant to this section. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the provisions of such article has been made within thirty (30) days prior to the issuance of notice pursuant to this section. B. For purposes of this section, the term "conviction" shall be def...

In addition to the enforcement procedures established elsewhere, the Commissioner of Inspections and Community Revitalization, or his designee, after notice and opportunity for a hearing, shall be authorized to: A. Order the discontinuance of such activity at the building, structure or place where such public nuisance exists; and/or B. Order the closing of said building, structure or place to the extent necessary to abate the nuisance, as prescribed below.

A. Upon notice to the Commissioner of Inspections and Community Revitalization that there has been a violation under § 161-2 of this Article, the Commissioner shall serve notice upon all interested parties that a subsequent violation pursuant to § 161-2 may result in an action pursuant to § 161-3 of this Article. B. Upon notice to the Commissioner of Inspections and Community Revitalization that there has been a subsequent violation under § 161-2, the Commissioner or his designee shall give notice and an opportunity for a hearing to all interested parties. C. For purposes of this Article, notice shall be given to the owner, lessor, lessee, agent and mortgagee of a building, structure or place wherein the public nuisance is being conducted, maintained ...

A. Within ten (10) days of the service of the notice contained in Subsection B of § 161-4, at a time and place as contained in said notice, the Commissioner of Inspections and Community Revitalization, or his designee, shall commence hearing for the purpose of determining his action pursuant to § 161-3. Each person designated in § 161-4 shall be given an opportunity to present evidence. Testimony shall also be taken from other parties with respect to violations under § 161-2. A record of the hearing will be maintained. B. At the conclusion of the hearing, the Commissioner, or his designee, may issue an appropriate order under § 161-3 of this Article. Results of the hearing shall, within forty-eight (48) hours, be mailed to all persons named in § 161-4,...

A. Where the Commissioner or his designee orders a closing of a building, structure or place pursuant to this Article, such closing shall be for a period as the Commissioner or his designee may direct, but in no event shall the closing be for a period longer than one (1) year from the date of posting of the order pursuant to this section. If the owner, lessor or lessee shall file a bond in an amount determined by the Commissioner (but which may not exceed the full assessed value of the property ordered to be closed) and submit proof satisfactory to the Commissioner that the nuisance has been abated and will not be created, maintain or permitted for such period of time as the closure would have been effective, then the Commissioner may vacate the provisi...