5/14/2010Posted by MJ
I have a copy of the most recent draft of the Public Nuisance Abatement ordinance.
Here are the point tallies:
The following violations shall be assigned a point value of six (6) points:
The following violations shall be assigned a point value of four (4) points:
Article 220 of the Penal Law – Controlled Substances Offenses;
Article 221 of the Penal Law – Offenses involving Marijuana;
Article 225 of the Penal Law – Gambling Offenses;
Article 230 of the Penal Law – Prostitution Offenses;
Sections 265.40, 160.45, 165.50, 165.52 and 165.54 of the Penal Law – Criminal Possession of Stolen Property;
Sections 65 or 82 of the Alcoholic Beverage Control Law;
Article 265 of the Penal Law – Firearms and other Dangerous Weapons;
Sections 260.20 and 260.21 of the Penal Law – Unlawfully Dealing with a Child;
Article 263 of the Penal Law – Sexual Performance by a Child;
Section 240.36 of the Penal Law-Loitering in the first degree.
(New York Penal Law Section 240.36 Loitering in the first degree - A person is guilty of loitering in the first degree when he loiters or remains in any place with one or more persons for the purpose of unlawfully using or possessing a controlled substance, as defined in section 220.00 of this chapter.
Section 240.20 of the Penal Law- Disorderly conduct.
(New York Penal Law Section 240.20 Disorderly conduct- A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
1. He engages in fighting or in violent, tumultuous or threatening behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.)
Section 415-a of the Vehicle and Traffic Law – Vehicle Dismantlers;The following violations shall be assigned a point value of three (3) points:
Section 175.10 of the Penal Law – Falsifying Business Records;
Sections 170.65 and 170.70 of the Penal Law – Forgery of and Illegal Possession of a Vehicle Identification Number;
Possession, use, sale, or offer for sale, of any alcoholic beverage in violation of Article 18 of the Tax Law, or of any cigarette or tobacco products in violation of Article 20 of the Tax Law;
Article 178 of the Penal Law – Criminal Diversion of Prescription Medications and Prescriptions;
Section 147 of the Social Services Law – Food Stamp Program Fraud;
Operating a business during hours which the business is required to be closed pursuant to Chapter 375 of the Municipal Code, Zoning.
Chapter 136 of the Code of the City of Lockport, the property maintenance code.
Chapter 142 of the Code of the City of Lockport, Rental Housing.
Chapter 125 of the Code of the City of Lockport, Noise.
Chapter 55-7 of the Code of the City of Lockport, regarding dogs running at large.
Chapter 55-8 of the Code of the City of Lockport, regarding dog waste
Chapter 113-4 of the Code of the City of Lockport, Collection and Disposal of garbageThe scoring:
Chapter 113-7 of the Code of the City of Lockport, Collection Procedure for garbage
Chapter 113-8 of the Code of the City of Lockport, Receptacles and Storage of garbage
Chapter 158-17a- of the Code of the City of Lockport, Cleaning of Sidewalks (snow and ice)
Chapter 159-21a(2) of the Code of the City of Lockport, Removal of brush, grass and weeds
Chapter 181-4 of the Code of the City of Lockport, Abandoned Vehicles
“Public nuisance” – (1) For purposes of this Article, a public nuisance shall be deemed to exist whenever through violations of any of the following provisions resulting from separate incidents predicated at events, circumstances or activities occurring on the premises, twelve (12) or more points are accumulated within a period of six (6) months, or eighteen (18) or more points within a period of twelve (12) months, in accordance with the following point system. Where more than one (1) violation occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation.
As for who the proposed judges are:
“Nuisance Abatement Board” – The Board shall consist of the Aldermen of the City of Lockport whose charge is to “aid in maintaining peace and good order” as defined in Chapter C-59 of the “Charter of the City of Lockport”.
Prior to the issuance of an order by the Nuisance Abatement Board, pursuant to this article, the Nuisance Abatement Board shall give notice and opportunity for a hearing to the owner, and any other person directly or indirectly in control of the premises wherein the public nuisance is being conducted, maintained or permitted.