[HISTORY: Adopted by the City Council of the City of Lackawanna 12-7-1987 as Ch. 65, Arts. I, IV and VII of the 1987 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 60.
Amusement devices and public entertainment — See Ch. 63.
Graffiti — See Ch. 130.
Littering — See Ch. 146.
Noise — See Ch. 159.
This chapter shall be known and may be cited as the "Public Conduct Law of the City of Lackawanna, New York."
The purpose of this chapter is to maintain order, protect property and preserve and care for the safety, health, comfort and general welfare of the inhabitants of the City and visitors thereto.
No person shall accost any other person who shall be passing along any street or sidewalk within the City and solicit him or her to purchase any goods, wares or merchandise kept for sale at any store, house, or place of business or to solicit him or her to enter any such store, house or place of business to examine or purchase any goods, wares or merchandise kept therein for sale.[2]
[1]
Editor's Note: Former Section 65.41, Abandoned iceboxes and similar containers, which immediately preceded this section, was deleted 2-22-2005 by L.L. No. 2-2005.
[2]
Editor's Note: Former Section 65.43, Curfew for minors, which immediately followed this section, was deleted 2-22-2005 by L.L. No. 2-2005.
A. 
Posting bills, notices, etc. No person shall attach or cause or allow any of his or her subordinates or employees to attach to any lamppost, telegraph or telephone pole, hydrant or box covering the same, or any erection or building wherever situated within the City or upon any public streets, avenues, lanes, alleys or public places in the City, any bills, notices, letters, pictures or characters of any kind whatsoever for the advertising of any show, performance, business or entertainment without the consent of the Council. The Council may direct that any materials posted in violation of this section be removed and destroyed.
B. 
Throwing missiles. It shall be unlawful for any person to throw stones, snowballs or other missiles in any of the streets or public places of the City.
C. 
Games in streets. No person shall play ball or any other game at any time in the streets of the City.
D. 
Riots, disturbances. No person shall make or assist in the making of any riot or disturbance at any house, shop or store or on any street, sidewalk or any public place within the City.
No person shall discharge any firearm, air gun, spring gun, sling shot or other instrument or weapon within the City except in self defense or in the discharge of official duty or during a memorial service or veteran's funeral or at an indoor rifle range operated under the supervision, guidance and instruction of a duly commissioned officer of one of the Armed Forces, including the National Guard and Reserve forces, or a duly qualified adult citizen of the United States who has been granted a certificate as an instructor of small arms practice issued by one of the Armed Forces of the United States, the Adjutant General of the State, or by the National Rifle Association of America or at a lawful amusement licensed by the City.
A. 
Prohibited. No person shall have in his or her possession, offer, sell, loan, lease or give to any person any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any BB gun, air pistol or air rifle or similar instrument in which any loaded or blank cartridges are used or may be used, or any loaded or blank cartridges or ammunition therefor.
B. 
Possession declared nuisance; disposal. The carrying or possession by any person of any of the instruments enumerated in Subsection A, excepting a police or military officer, is a nuisance. When such instruments are taken from the possession of any person unlawfully carrying or possessing them they shall be surrendered to the Chief of Police to be disposed of or destroyed in the manner provided by law.
C. 
Use at places of amusement. The sale and delivery of instruments specified herein or the use of such instruments in connection with a lawful amusement licensed by City or at a rifle or pistol range duly authorized by law shall not be considered a violation hereof.
D. 
Bows and arrows; slingshots. It shall be unlawful for any person to shoot with or use a bow and arrow or slingshot in any of the streets or public places of the City.
No person shall hold or hang onto or get upon any railroad car, locomotive or other vehicle for the transportation of passengers while the same is in motion; nor shall any person within the limits of the City get upon any such car, locomotive or other vehicle at any time without the permission of the person in charge of said car, locomotive or other vehicle.
A. 
No person shall bring, carry or possess any glass container in or upon the premises of the Lackawanna Stadium located on South Park Avenue or in or upon any public playground, park or ball field in the City.
B. 
No person shall deposit, throw or place any glass container or broken glass in or upon the premises of the Lackawanna Stadium or in or upon any public playground, park or ball field in the City.
Any person violating any provision of this chapter shall be punished as provided in Chapter 1, General Provisions, § 1-3 of this Municipal Code.
[Added 8-6-2007]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
LOITER
To be dilatory; to be slow in movement; to stand around or move slowly about; to stand idly around; to spend time idly; to saunter; to delay; to idle; to linger; to lag behind.
B. 
No person shall loiter in or around public buildings or obstruct corridors, stairways or doorways so as to prevent free access by members of the public, officers or employees. No person shall by his or her presence or by means either alone or in concert with others interfere with or interrupt the conduct of business in the offices located in any such buildings.
C. 
No person shall loiter in or upon any public sidewalk, street, bridge, public building or place or obstruct the use thereof so as to prevent free and reasonable access by other members of the public or prevent the exercise of duties by public officers or employees.
(1) 
No person shall sit or lie down upon a public sidewalk in the City of Lackawanna; provided, however, that this prohibition shall not apply to any person:
[Added 6-21-2016]
(a) 
Sitting or lying down due to a medical emergency or using a wheelchair or walker as a result of a disability.
(b) 
Who is a child seated in a stroller or similar device.
(c) 
Operating or patronizing a sidewalk cafe as set forth in § 194-33 of this code.
(d) 
Obtains a permit or permission to sit upon a sidewalk from the City Council.
(2) 
No exception listed above shall be construed to permit any conduct which willfully obstructs the free movement of persons upon a sidewalk or which is otherwise prohibited by the City Code.
[Added 6-21-2016]
D. 
No person shall loiter or prowl in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity.
E. 
This section shall take effect immediately.
[Added 9-5-2018]
A. 
A false alarm shall be defined as the activation of a fire, burglar, robbery or other similar alarm system resulting in a response for the Fire Department, Police Department, or other public safety officials when, upon determination of the responding officials, there is no evidence of the existence of the condition or activity the alarm was designed to detect.
B. 
For the purpose of this section, persons shall be defined as any person, firm, partnership, company, corporation, association or other legal entity who is the owner, tenant, lessee or occupant of any building, structure, facility or premises where an alarm system is present.
C. 
It shall be unlawful for any person or persons to willfully, knowingly or through inadvertence, malfunction, mechanical failure, improper installation or improper maintenance to cause or allow the activation of a false alarm.
D. 
Procedure. Upon the response by the fire, police or other public safety departments, the official in charge shall determine if there was a false alarm and shall indicate that fact on the incident report and shall report said false alarm to the Fire Chief, Chief of Police and Director of Public Safety.
E. 
Penalties.
[Amended 7-22-2019]
(1) 
There is no charge for the first four false alarms within a calendar year, however, the following charges will be applicable for subsequent false alarms in a calendar year:
(a) 
Fifth false alarm: $50.
(b) 
Sixth false alarm: $100.
(c) 
Seventh and each subsequent false alarm thereafter: $500 each.
(2) 
The Director of Public Safety or his designee shall be authorized to issue a notice of violation pursuant to this chapter.
F. 
Appeals. Any person charged under this section shall have the right to appeal the determination of a false alarm charge. Said appeal must be made, in writing, within 30 days of receipt of the false alarm notice to the Director of Public Safety who will decide said appeal.