[HISTORY: Adopted by the Council of the City of Beacon 11-20-2000
by L.L. No. 17-2000.[1] Amendments noted where applicable.]
The Council finds that the General City Law has recently been amended
by adding a new provision which allows cities to adopt anti-loitering laws
and ordinances. The Council further finds that "quality of life" issues are
of paramount importance to citizens of Beacon, affecting not only their physical
well-being and safety, but their very sense of urban self. Persons engaged
in unlawful conduct in public places harass and unduly interfere with the
lawful use and enjoyment of such public places thereby constituting a danger
to the public health and safety. The Council therefore finds it appropriate
for the protection of the public safety and welfare to enact legislation to
ensure that public safety is not jeopardized by acts of loitering when they
are committed for the purpose of intimidation, coercion, harassment, menacing
or assaultive conduct in violation of applicable state law. In addition, the
City of Beacon has identified a significant trade in controlled substances
and marijuana on the streets of the City of Beacon with the resulting increase
in crimes related to such street trade. The purpose of the following provisions
of this chapter is to add to the crime-fighting abilities of the City of Beacon
Police Department by prohibiting loitering for the specific illegal purposes
of possessing or using marijuana or a controlled substance.
As used in this chapter, the following terms shall have the meanings
indicated:
Any substance listed in Schedule I, II, III, IV or V of § 3306
of the Public Health Law other than marijuana.
Marijuana or concentrated cannabis, as those terms are defined in
§ 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.
A.
No person shall loiter or remain in a public place for
the purpose of:
(1)
Obstructing vehicular or pedestrian traffic, in a manner
that would constitute a violation of § 240.20 of the New York State
Penal Law; or
(2)
Engaging in fighting or in violent, tumultuous or threatening
behavior in a manner that would constitute a violation of § 240.20
of the New York State Penal Law; or
(3)
Engaging in a course of conduct designed to harass, seriously
annoy or alarm another person and which serves no other legitimate purpose,
and in a manner that would constitute a violation of § 240.26 of
the New York State Penal Law.
B.
No person shall loiter or remain in or about the premises
of any commercial business entity for a purpose unconnected with lawful business
or related activities, not having any specific legitimate reason for being
there and not having permission from anyone authorized to grant the same.
A legitimate reason shall be a reason connected to the purpose for which the
commercial business entity exists.
C.
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.
D.
Guidelines for law enforcement. In order to make an arrest
of a person under the section pertaining to possessing marijuana or a controlled
substance, a police officer or other person must have 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.
Among the circumstances that may be considered by law enforcement officers
in determining whether a violation of this chapter has occurred are the following:
A.
The person engages in furtive gestures or movements manifesting
or endeavoring an attempt to conceal himself or herself or an object; or
B.
The person takes immediate flight upon appearance or
identification of a law enforcement officer; or
C.
The person is observed repeatedly following another person
or persons in or about a public place or places.
No provision of this chapter shall be construed or interpreted so as to prohibit expression protected by the laws of the United States or New York State, or to prohibit acts authorized by a permit issued pursuant to Chapter 163 of this Code entitled, "Peddling and Soliciting."
If any party violates the provisions of this chapter or engages in conduct
in violation of this chapter, he or she shall be subject to punishment as
follows:
The provisions of this chapter can be enforced by the City of Beacon
Police Department and any other police officer or peace officer or other person
who can lawfully make an arrest.
