[Ord. of 11-2-1953, § 1]
It shall be unlawful to permit or allow a discarded icebox,
refrigerator or other container or one not in use to remain in any
place accessible to children unless the latching or locking mechanism
on the door or doors of the same has been removed or unless the door
or doors of the same are removed or are bolted and locked in such
manner that it is impossible to open the same by use of the hands.
[Ord. of 3-4-1929, § 1; Ord. of 5-5-1941, § 1; Ord. of 3-15-1971; Ord. of 12-16-1980]
It shall be unlawful for any unauthorized person under the age
of 16 to sell, offer to sell, possess or discharge any air pistol
or air rifle or similar device in which the propelling force is a
spring or air, except that such devices used in connection with an
amusement duly licensed or at rifle or pistol ranges duly authorized
by law shall not be considered a violation hereof and except that
such devices may be authorized for use by officers and employees of
the City of Poughkeepsie so designated by the Chief of Police.
[Ord. of 2-4-1929, § 11]
[1]
Editor's Note: Former Section 14-3, Flying kites, adopted
by Ord. of 2-4-1929, § 11, was repealed 6-20-2023 by Ord.
No. O-23-03.
[Ord. of 3-4-1929, § 1, 2]
(a)
Interment. No person shall inter or allow to be
interred any dead bodies within the City, except in a burial ground.
(b)
Disinterment. No person shall remove, disturb or
expose any dead body or coffin interred in any graveyard or vault
in the city, unless permission is first obtained from the Health Officer.
[Ord. of 2-21-1995, § 1, 2; Ord. of 4-6-2004, § 1]
(a)
The City of Poughkeepsie has identified a significant trade in controlled
substances and marijuana on the streets of the City of Poughkeepsie
with the resulting increase in crimes related to such street trade.
The purpose of the following provisions of this section is to add
to the crime-fighting abilities of the City of Poughkeepsie Police
Department by prohibiting loitering for the specific illegal purposes
of possessing or using marijuana or a controlled substance.
(1)
CONTROLLED SUBSTANCE
MARIJUANA
MOTOR VEHICLE
PUBLIC PLACE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any substance listed in Schedule I, II, III, IV or V of Section
3306 of the Public Health Law other than marijuana.
Marijuana or concentrated cannabis, as those terms are defined
in Section 3302 of the Public Health Law.
A place to which the public or a substantial group of persons
has access, and includes but is not limited to any street, highway,
sidewalk, bridge, alley or alleyway, plaza, park, parking lot or transportation
facility, school, place of amusement or playground or the doorways
and entranceways to any building which fronts on any of the aforesaid
places or a motor vehicle in or on any such place and hallways, lobbies
and other portions of apartment houses and hotels not constituting
rooms or apartments designed for actual residence.
(2)
Loitering for the purpose of using or possessing marijuana
or a controlled substance prohibited. A person is guilty
of loitering when he or she loiters or remains in a public place for
the purpose of possessing or using marijuana or a controlled substance.
Loitering under this provision is a violation.
(3)
Guidelines for law enforcement. In order to make
an arrest of a person under this section, a police officer or other
person must have repeatedly observed conduct of the subject individually
or in conjunction with another which would reasonably lead a police
officer to the conclusion that the subject is present for the purpose
of using or possessing marijuana or a controlled substance.
(4)
Penalties. If any party violates the provisions
of this section or engages in conduct in violation of this section,
he or she shall be subject to punishment by a fine of $250 or by imprisonment
for up to 15 days, or both.
(5)
Enforcement. The provisions of this section can
be enforced by the City of Poughkeepsie Police Department and any
other police officer or peace officer or other person who can lawfully
make an arrest.
(6)
Savings clause. If any clause, sentence, paragraph,
section or part of this section shall be judged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
(b)
Authority in emergency. In times of public danger,
existing or threatened, it shall be the duty of the Police Force to
keep the streets and sidewalks clear of all gatherings, and no citizen
or other person shall at such times be allowed to remain standing
on the streets, after a request to move has been made by an officer
of the Police Force or by any member of the Common Council.
[Ord. of 2-4-1929, § 8; Ord. of 3-4-1929, § 1]
(a)
Generally. No person shall willfully and wantonly
injure, deface or tarnish any house, porch, stoop, door, gate, well,
pump, fence or tree or any useful or ornamental public or private
work or improvement or any post or hydrant standing in the street,
either by daubing or smearing the same or part thereof with mud, paint,
tar, oil, grease or any other substance or by throwing stones or in
any manner whatever, nor shall any person aid or assist therein.
(b)
Tampering with poles, tamps, fixtures. No person
shall in any way deface, mar, injure, disturb, break or destroy any
lamps, poles or fixtures of any kind in the streets or public places
of the city or meddle with or open the same or obstruct or extinguish
the light thereof.
[Ord. of 3-4-1929, § 1]
Each person whose duty it shall be to inspect any gas, water
or electric light meter shall at the time of such inspection wear
a metal badge which shall be furnished by the city in cases where
such inspection is made by a city employee or by the corporation whenever
such inspection is made for a corporation. Such badge shall plainly
show the name of the city or of the corporation for whom the inspection
is made and shall be conspicuously worn in order to be plainly seen
and exhibited to each householder or other person upon whose premises
inspections are made.
(a)
Age restriction. No boy under the age of 14 years
nor girl under the age of 18 shall carry on any business street trade.
In addition, no boy under the age of 12 may sell or deliver newspapers
to customers at their homes or places of business.
(b)
Badge or certificate required. Each boy so engaged,
whether it shall be as a shoeshine boy, as a boy selling papers on
a corner or as a carrier boy, must have a badge or certificate issued
to him through the Board of Education and must carry this badge or
certificate on his person at all times.
(c)
Hours limited. No boys in the above category may
work before 6:00 a.m. or after 7:00 p.m., nor for more than four hours
on a school day and five hours on any day when school is not in session.
[1]
State law references: Street trades defined and regulated,
§ 3227 of the Education Law; newspaper carriers, § 3228
of the Education Law.
[Ord. of 4-5-1937, § 2]
(a)
Prohibited. It shall be unlawful for any person
to carry or use upon any vehicle any gong or siren whistle similar
to that used on ambulances or vehicles of the Police and Fire Departments.
(b)
Scope of section. Nothing herein contained shall
be construed to permit the use or carrying of any such gong or siren
upon any vehicle owned or operated or carrying members of a volunteer
Fire Department to and from fires, except fire apparatus owned by
the city and operated by the Fire Department when going to a fire.
This section shall not apply to the operators of ambulances or police
vehicles when used in the course of their official duties.
[1]
State law reference: Breaches of the peace constituting disorderly
conduct, § 240.00 et seq. of the Penal law.
[Ord. of 4-5-1937, § 3; Ord. of 6-21-1937, § 1]
(a)
Permit requirements. It shall be unlawful for any
person, without a written permit from the Mayor, to use, play or perform
upon any drum, bugle, hand organ, barrel-organ, barrel-accordion,
barrel-piano, hurdy-gurdy or other musical or wind instrument upon
any street or other public place except in accordance with the provisions
of Section 5 of the General City Law. The Mayor may, in his discretion,
limit such permit as to time and place and may, at any time, revoke
such permit peremptorily and without notice.
(b)
Soliciting money. It shall be unlawful for any person,
except a duly organized religious corporation using or performing
upon such musical instrument to solicit, ask, request or accept any
money for such use or performance.
(c)
Permit or copy to be filed. Any person who secures
a permit under this section shall file said permit or a copy thereof
with the Chief of Police.
[Ord. of 4-5-1937, § 4; Ord. of 5-17-1976, § 1]
It shall be unlawful for any person to operate in or upon any
vehicle or in any building or upon any premises or in any street or
other public place any voice-amplifying device, radio device or mechanical
musical instrument or device of any kind whereby the sound therefrom
is cast directly upon the public streets and places where such device
is maintained and operated for advertising purposes or for the purpose
of attracting the attention of the passing public or which is so placed
and operated that the sounds coming therefrom can be heard to the
annoyance or inconvenience of travelers upon any street or public
place or of persons in neighboring premises. This section shall not
apply to the operation of a general broadcasting system on the Main
Mall with the written permission of and under supervision by the Downtown
Council.
[Ord. of 2-4-1929, § 8]
No person shall write, paint, print, draw or cut upon any building,
fireplug, post, fence or other object exposed to public view any obscene
word or expression, character, figure or design.
[Added by L.L. No. 1-2016, 5-2-2016]
(a)
Legislative intent. This legislation is adopted
in order to protect persons from threatening, intimidating or harassing
behavior, to keep public places safe for use by the general public.
This legislation is also intended to provide for the free flow of
pedestrian and vehicular traffic on streets and sidewalks in the City,
to promote tourism and business and preserve the quality of urban
life. The Council finds that aggressive acts associated with solicitation
interfere with the free flow of pedestrian and vehicular traffic and
intimidate persons in public places and can lead to disruption and
disorder in public places. Aggressive acts can also cause persons
to avoid public places and lead to declining patronage of commercial
establishments and tourism. The Council further finds that solicitation
in certain public places is inconsistent with the use of those places,
is inherently intimidating, targets persons who are captive audiences
or constitutes an invasion of privacy as persons are not able to simply
move on if they do not wish to speak to the person soliciting. Solicitation
in proximity to bank entrances or check-cashing businesses or automated
teller machines is inherently intimidating and should be restricted.
By this legislation, the Council intends to promote the health, safety
and welfare of the citizens and visitors to the City.
(b)
AGGRESSIVE MANNER
(1)
(2)
a.
b.
(3)
(4)
(5)
(6)
AUTOMATED TELLER MACHINE
AUTOMATED TELLER MACHINE FACILITY
BANKING ORGANIZATION
LICENSED CASHER OF CHECKS
PARKING LOT
PUBLIC PLACE
SOLICIT
Definitions. Wherever used in this section, the
following terms shall have the meanings indicated:
Intentionally or recklessly making any physical contact with
or touching another person in the course of the solicitation, or approaching
within an arm's length of the person, except with the person's consent;
Following the person being solicited, if that conduct is:
Intended to or is likely to cause a reasonable person to fear
imminent bodily harm or the commission of a criminal act upon property
in the person's possession; or
Is intended to or is reasonably likely to intimidate the person
being solicited into responding affirmatively to the solicitation;
Continuing to solicit within five feet of the person being solicited
after the person has made a negative response, if continuing the solicitation
is:
Intentionally or recklessly blocking the safe or free passage
of the person being solicited or requiring the person, or the driver
of a vehicle, to take evasive action to avoid physical contact with
the person making the solicitation;
Intentionally or recklessly using words:
Approaching the person being solicited in a manner that is:
A device, linked to a financial institution's account records,
which is able to carry out transactions, including but not limited
to account transfers, deposits, cash withdrawals, balance inquiries,
and mortgage and loan payments.
The area comprised of one or more automated teller machines,
and any adjacent space which is made available to banking customers
after regular banking hours.
All banks, trust companies, private bankers, savings banks,
industrial banks, safe deposit companies, savings and loan associations,
credit unions and investment companies as defined in § 2
of the New York State Banking Law.
Any individual, partnership, unincorporated association or
corporation duly licensed by the New York State Superintendent of
Banks to engage in business pursuant to the provisions of Article
IX-A of the New York State Banking Law.
Any public parking garage, parking deck and parking lot, including but not limited to those public parking garages and public parking spaces included in § 13-317 of the Municipal Code.
Any area or building owned, leased, operated or controlled
by or on behalf of any government, municipality, public authority
or public corporation in the City which is generally accessible by
the public, including but not limited to any street, including the
sidewalk portion thereof, bridge, park, playground, recreation area,
cemetery, school or school grounds, building, facility, driveway,
parking lot or parking garage, and the doorways and entrances to buildings
and dwellings.
Includes without limitation, the spoken, written, or printed
word or such other acts or bodily gestures as are conducted in furtherance
of the purposes of immediately obtaining money or any other thing
of value.
(c)
No person shall solicit in an aggressive manner in a public place.
(d)
No person shall solicit within 20 feet of an automated teller machine
or an entrance or exit of an automated teller machine facility; or
within 20 feet of an entrance or exit to a banking organization or
a licensed casher of checks during its business hours.
(e)
No person shall solicit when either the person soliciting or the
person being solicited is in a bus shelter or at a bus stop.
(f)
No person shall solicit in a parking lot as defined in this section.
(g)
No person on a sidewalk or alongside a roadway shall solicit from
any occupant of a motor vehicle that is on a street or other public
place.
(h)
Penalties. A person convicted of violating this section shall be
fined in an amount up to $250 or by imprisonment of up to 15 days,
or both. In lieu of a fine, the court may impose an appropriate alternative
sentence.
[Ord. of 3-2-1964, § 1, 2; Ord. of 9-4-1968, § 1-3; Ord. of 3-15-1976]
All public selling or offering for sale of any property upon
Christmas Day, being the 25th day of December, which would be a violation
of § 9 of the General Business Law, which is sold or offered
for sale on Sunday, is prohibited.
[Ord. of 7-20-1964, § 1 through 3]
(a)
Recruitment. No person shall recruit, procure, supply
or refer any person for employment in place of any employee involved
in a labor dispute in which such person is not directly involved.
(b)
Employment. No person involved in a labor dispute
shall, directly or indirectly, employ in the place of an employee
involved in such dispute any person who customarily and repeatedly
offers himself for employment in the place of employees involved in
a labor dispute, or contract or arrange with any person to recruit,
procure, supply or refer persons for employment who customarily and
repeatedly offer themselves for employment in place of employees involved
in such labor dispute.
(c)
Engaging in employment. No person who customarily
and repeatedly offers himself for employment in place of employees
involved in a labor dispute shall take or offer to take the place
in employment of any employee involved in a labor dispute.
[Ord. of 3-4-1929, § 1]
No person shall fling or throw any stone or other hard substance
or missile by hand, sling or any other propelling power within the
city.
[Ord. of 12-16-1963, § 1 through 5; Ord. of 6-18-1973; Ord. of 8-1-1977, § 1;
Ord. of 3-20-1979, § 1]
(a)
Abandoned vehicle defined. A motor vehicle shall
be deemed to be an abandoned vehicle if left unattended for more than
96 hours on the property of another if said vehicle was left without
the permission of the owner of said property.
(b)
Junked vehicles. It shall be unlawful for the owner, lessee, tenant or agent of such owner of private property to park, place, abandon, leave or permit others to park, place or leave any vehicle in a dismantled, partially dismantled, wrecked or inoperable condition on any private property. Enforcement of this Subsection (b) may be made pursuant to Section 9-10.
(c)
Hazard declared. The parking, placing or leaving
of any dismantled, partially dismantled, wrecked or inoperable vehicle
on any privately owned property shall be deemed to constitute a hazard
to the health, safety and welfare of the public.
[Ord. of 3-4-1929, § 1; Ord.
No. O-09-11, § 1]
It shall be unlawful for any person to discharge any pistol,
shotgun, air pistol, air rifle, BB gun, paintball gun or other weapon
within the City.
[1]
State law reference: Aiming, discharging firearms, § 1906
of the Penal Law.
[Ord. of 7-16-1973, § 1; Ord. of 8-6-1973, § 1; Ord. of 5-3-1976, § 1;
Ord. of 5-16-1983, § 1, 2; Ord. of 10-17-1983; Ord. of 4-7-1986, § 1, 2; Ord. of 6-2-1986, § 2; Ord. of 4-6-1992, § 1]
(a)
Statement of legislative findings.
(1)
In order to promote the safety, health, morals and welfare of
the people of the City of Poughkeepsie and to promote the safe, sanitary
and enjoyable use of the public places of the City of Poughkeepsie,
it is necessary to regulate the consumption of alcoholic beverages
in public places and to regulate the possession of open containers
of alcoholic beverages in public places with intent to consume the
same in such public places. The Common Council finds that the consumption
of alcoholic beverages in public places and/or the possession of open
containers of alcoholic beverages in public places with intent to
consume the same in such public places leads to an increase of litter,
garbage and debris in the said public places; the Common Council further
finds that the consumption of alcoholic beverages in public places
and/or the possession of open containers of alcoholic beverages in
public places with intent to consume the same in such public places
reasonably causes fear, apprehension and unwillingness of the majority
of the general public to utilize such public places for pedestrian
purposes and for recreation; the Common Council further finds that
the consumption of alcoholic beverages in public places and/or the
possession of open containers of alcoholic beverages in public places
with intent to consume the same in such public places tends to increase
the incidents of loitering, disorderly conduct and other offenses
in the vicinity of such activities; the Common Council further finds
that the consumption of alcoholic beverages in public places and/or
the possession of open containers of alcoholic beverages in public
places with intent to consume the same in such public places increases
the unfavorable phenomenon of urban blight and neighborhood decay
and negatively affects property values and the quality of life; the
Common Council further finds that the consumption of alcoholic beverages
in public places and/or the possession of open containers of alcoholic
beverage in public places with intent to consume the same in such
public places contributes to juvenile delinquency and the spread of
crime.
(2)
In order to promote and protect the proper governmental interests
of the City of Poughkeepsie and its constituent residents, the Common
Council of the City of Poughkeepsie does enact this section to prohibit
the consumption of alcoholic beverages in public places and to prohibit
the possession of open containers of alcoholic beverages in public
places with intent to consume the same in such public places.
(b)
ALCOHOLIC BEVERAGES
CONTAINER
PARK
PUBLIC PLACES
Definitions. Wherever used in this section, the
following terms shall have the meanings indicated:
Includes alcohol, spirits, liquor, wine, beer and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed by a human being.
Includes any bottle, can or other receptacle suitable for
or used to hold any liquid.
Includes all areas of the public parks of the city except
such areas designated by the city as picnic areas, golf courses and
restaurants.
Includes all areas of the public parks of the City of Poughkeepsie,
such areas designated by the city as picnic areas, golf courses, highways,
roads, streets, sidewalks and publicly owned and maintained malls.
(c)
Consumption. No person shall consume alcoholic beverages
in the public places of the City of Poughkeepsie.
(d)
Open container. No person shall have in his or her
possession any open container containing an alcoholic beverage in
any public place with the intent to consume the same in such public
place of the City of Poughkeepsie. There shall be a rebuttable presumption
that there is intent to consume an alcoholic beverage where the manufacturer's
seal on the container is broken, the container is less than full or
the person is intoxicated.
(e)
Exemption. This section shall not apply to persons
participating in organized functions within the parks of the City
of Poughkeepsie if such organized functions are formally approved,
in writing, by the City of Poughkeepsie Recreation Department and
if such formal approval contains permission for the consumption of
alcoholic beverages.
(f)
Applicability. This section is not applicable to
any undertaking or activity regulated by the New York State Alcoholic
Beverage Control Commission or regulated by any other state statute.
[Ord. of 4-6-2004, § 1]
(a)
No person shall urinate or defecate in a public place except in a
rest room facility. For the purpose of this section, "public place"
shall mean any place to which the public or a substantial group of
persons has access, and includes, but is not limited to, streets,
sidewalks, alleys, parking areas, municipal parking ramps, garages,
other transportation facilities, schools, pools, places of amusement,
parks, playgrounds, together with hallways, lobbies and other portions
of apartment houses and hotels not constituting rooms or apartments
designed for actual residence or any other public facility or ground,
whether vacant or improved.
(b)
Any person violating this section shall, upon conviction, be subject
to a fine of not more than $250 or imprisonment for a term not to
exceed 15 days, or both.
[1]
Editor's Note: Former Section 14-20, Water meters, broken
seal prohibited, adopted as §§ 1 and 2 of an Ord. of
2-19-1976, was repealed by an Ord. of 9-7-1993, § 8.
[Ord. of 11-21-1977, § 1]
When appropriate signs giving notice thereof are erected, bicycling
and skateboarding at the following parking facilities, including ramps
and roadways leading to and from such parking facilities, shall be
prohibited at all times:
|
Academy Street parking lot
| |
|
Cannon-Church Street parking lot
| |
|
Cannon Street parking deck
| |
|
City Hall garage
| |
|
Crannell Street parking lot
| |
|
Financial Plaza garage
| |
|
Garden-Mill Street parking lot
| |
|
Lafayette-Washington Street parking lot
| |
|
Liberty Street parking lot
| |
|
Mill-Conklin Street parking lot
| |
|
North Clinton-Smith Street parking lot
| |
|
North Hamilton-Catherine Street parking lot
| |
|
North Hamilton-Mill Street parking lot
| |
|
South Hamilton Street-Cannon Street parking lot
|
[Ord. No. O-07-22, § 1]
It shall be unlawful for any person to lay, place or hang clothes, rags or fabrics of any kind in the front yard, side yard or on the front porch of any property for the purpose of drying, airing or otherwise. This shall not apply to the lawful display of banners, flags or other decorative displays or in the event a permit has been issued pursuant to Section 12-84 of this Code. Violation of this section shall be punishable by a fine of not less than $25 and not more than $100.
[Ord. of 8-19-1980, § 1; amended by Ord. of 8-1-1983, § 1; Ord. of 5-5-1986, § 2; 5-4-2020 by Ord. No. O-20-2]
(a)
It is hereby declared by the Common Council that playing in the streets
of the City of such games as baseball, softball, stickball, Frisbee,
roller skating, football, soccer, hockey, basketball and similar game-playing
activities constitute a public nuisance and a hazard both to the persons
and property of users of said public streets and to those playing
in said public streets. This section is remedial in nature and is
designed to protect the public safety, health and welfare.
(b)
It shall be unlawful for any person to play upon any City street,
or to place on any city street a soccer goal, hockey goal, basketball
hoop or any other sports equipment. Furthermore, no person shall place
on their own property any basketball hoop, soccer goal, hockey goal
or other sports equipment in an area where the playing of such game
creates a public nuisance or hazard to the persons and property of
users of the public streets and/or sidewalks in the City.
[Ord. of 11-16-1987, § 1; Ord. of 9-16-1991, § 1, 2 and 3]
(a)
Legislative purpose. The city recognizes the need
for externally audible burglar alarms as a protection against and
as a deterrent to the burglary of structures located in the City.
The City declares, however, that the reasonable objectives of externally
audible burglar alarms are accomplished when the sound associated
with their operation persists for not more than 20 minutes. The operation
of externally audible alarms for more than 20 minutes does not serve
any legitimate objective or purpose. The sound associated with the
operation of an externally audible burglar alarm becomes unreasonable
after 20 minutes of operation and constitutes a public nuisance.
(b)
EXTERNALLY AUDIBLE BURGLAR ALARMS
OPERATION
OWNER/LESSEE
SOUND
Definitions. For the purposes of this section, the
following terms shall have the meanings respectively ascribed:
Any warning device designed to produce an audible sound when
triggered by the unauthorized entry into or tampering with the structure
to which it is affixed.
The continuous or intermittent emission of a sound from an
externally audible burglar alarm.
Any natural person, partnership, corporation, association
or other legal entity.
The noise produced by a horn, siren, bell, buzzer or any
other device the principal purpose of which is to create a noise to
attract attention or to give warning.
(c)
Permit required. No person shall affix an externally
audible burglar alarm to or install an externally audible burglar
alarm on or within any structure within the City or cause the same
to be done without first securing a permit from the City. Applications
for permits shall be made by the owner or lessee or person employed
in connection with the proposed work. Every person desiring to obtain
said permit shall file with the City Chamberlain a written application
upon a blank form prepared and furnished by the City. An application
must be accompanied with a fee of $2 before a permit is issued.
(1)
Such application shall contain the following information:
a.
The name, residence address and telephone number of the owner/lessee
of the premises.
b.
The name, address and telephone number of any one other person
other than the owner/lessee who is authorized to respond to an emergency
and open the building where the alarm system is installed to reset
the alarm.
c.
In the case of a business location, the owner/lessee shall provide
the names of at least three persons to contact in case of an emergency
and who have access to the building to reset the alarm.
d.
A statement that the external audible burglar alarm is capable
of and shall automatically terminate its operation within 20 minutes
of its being activated.
(2)
The owner/lessee shall update said form as necessary so that
the city has current information as requested by Subsections (c)(1)a
through c of this section.
(d)
Violation and penalties. It shall be unlawful for
the owner/lessee having possession or custody of any structure to
which an externally audible burglar alarm is connected or affixed
to permit to suffer or allow the operation of that externally audible
burglar alarm for a period in excess of 20 minutes. Such operation
constitutes a public nuisance. In addition to any other penalty permitted
or allowed under the laws of the State of New York, any person convicted
of a violation of this section shall pay a fine of $50 for the first
offense, $100 for the second offense and $200 for each offense thereafter.
[Ord. of 9-16-1991, § 1]
(a)
Legislative purpose. The city recognizes the need
and legitimate purpose of burglar alarm systems in buildings and structures
connected directly to the City of Poughkeepsie Police Department so
as to trigger a response and investigation by the City Police Department.
The City finds, however, that there have been frequent false alarms
to the City Police Department because of alarm malfunctions. This
has resulted in the unnecessary response by the City Police Department
to alarms and needless waste of police resources which are necessary
to protect the public safety, health and welfare. This section is
designed to remedy the problem of false alarms to the City Police
Department.
(b)
ALARM SYSTEM
FALSE ALARM
PERSON
Definitions. For purposes of this section, the following
terms shall have the meanings respectively ascribed:
Any mechanical or electrical device or system which is designed
or used for the detection of any unauthorized entry into a building,
structure or facility or used for mechanically or electronically alerting
others to the commission of an unlawful act, whether installed within
or without the building. This system produces a signal, message or
warning directly to the City Police Department or to some other location
which is then reported, referred, telephoned, transmitted or in some
other manner communicated to the City Police Department by any method
whatsoever, including but not limited to the owner of a business or
his/her employee or representative, an alarm company or its representative,
an answering service or any other person reacting to or responding
to said signal, message, warning or any audible alarm which requires
immediate investigation and response by the Department. Said "alarm
system" shall include but not be limited to telephonic alarm systems
which are defined to mean any mechanism, equipment or device which
is designed to operate automatically through the use of public telephone
facilities to transmit a signal, message or warning to another location.
The activation of the alarm system because of but not limited
to mechanical failure, malfunction, improper installation or negligence
by a person or when activation results in a response by the City of
Poughkeepsie Police Department where an emergency does not exist.
"False alarms" do not include alarms caused by hurricanes, tornadoes
or other violent weather conditions.
A natural person, firm, partnership, association or corporation
or representative or agent of said entities who is the owner or lessee
of an alarm system.
(c)
Permit required. No person shall install an alarm
system on or within any structure within the City or cause the same
to be done without first securing a permit from the City. Applications
for permits shall be made by the owner or lessee or person employed
in connection with the installation of the alarm system. Every person
desiring to obtain said permit shall file with the City Chamberlain
a written application upon a blank form prepared and furnished by
the city. An application must be accompanied with a fee of $2 before
a permit is issued.
(1)
Such application shall contain the following information:
a.
The name, residence address and telephone number of the owner/lessee
of the premises.
b.
The name, address and telephone number of any one other person
other than the owner/lessee who is authorized to respond to an emergency
and open the building where the alarm system is installed to disconnect
or reset the alarm.
c.
In the case of a business location, the owner/lessee shall provide
the names of at least three persons to contact in case of an emergency
and who have access to the building to reset the alarm.
d.
Name, address and telephone number of the installer of the system
and company who will monitor the alarm system and report alarms to
the Police Department.
(2)
The owner/lessee shall update said form as necessary so that
the city has current information as requested by Subsection (c)(1)
a through d of this section.
(3)
All persons operating or maintaining an existing alarm system
must obtain a permit within 90 days after the effective date of this
section.
(d)
Penalties.
(1)
The failure of any person to comply with the provisions of this
section requiring the filing for and obtaining a permit shall result
in a fine in the amount of $50.
(2)
Penalties for false alarms.
a.
Upon the fourth false alarm in any one calendar year, a person
shall be subjected to a fine of $50 for that false alarm, $100 for
the fifth false alarm and $200 for each false alarm thereafter.
b.
Written notice by certified mail through the United States Postal
Service shall be sent from the Chief of Police to the person who is
the owner or lessee of the alarm system upon the third false alarm
in any one calendar year stating that fines in the amounts of $50
to $200 will be payable for subsequent false alarms.
(3)
Violators shall be prosecuted and penalties shall be collected
in the manner prescribed by law or ordinance effective in the City
of Poughkeepsie, including the right of a police officer of the City
of Poughkeepsie to issue an appearance ticket for City Court for a
violation of this section. A violation of this section is punishable
by a fine as set forth in Subsection (d)(1) and (2) of this section.
Where a tendered payment is made to any account owing to the
City of Poughkeepsie and the tendered payment was by check or other
written order which was returned for insufficient funds, there shall
be a service charge of $15 to be added to the account owing to the
City of Poughkeepsie. Said service charge shall be collected in the
same manner prescribed by law for the collection of the account for
which the check was tendered. The City shall require future payments
to be tendered in cash or by certified or cashier's check where a
tendered payment was dishonored and returned for insufficient funds.
[Ord. of 12-4-1997, § 1]
There shall be a fee of $10 charged for the processing of each fingerprint card by the Police Department. However, individuals making application for taxicab driver's licenses pursuant to Sections 18-24 to 18-27 of this Code shall only be required to may the fee as set forth in Section 18-31 of this Code.
