The Council of the City of New Rochelle finds
that nuisances, in the form of property and building nuisances ("nuisance"),
exist in the City of New Rochelle in the operation of certain commercial
establishments and the use or alteration of property in violation
of the Building Code, Zoning Ordinance, health laws, Multiple Dwelling
Law, penal laws regulating obscenity, prostitution and related conduct,
licensing laws, environmental laws, laws relating to the sale and
consumption of alcoholic beverages, laws relating to gambling, controlled
substances and dangerous drugs and penal laws relating to the possession
of stolen property, all of which interfere with the interest of the
public in the quality of life and total community environment, the
tone of commerce in the City, property values and the public health,
safety and welfare. The Council further finds that the continued occurrence
of such activities and violations is detrimental to the health, safety
and welfare of the people of the City of New Rochelle and to the businesses
thereof and visitors thereto. It is the purpose of the Council to
create one standardized procedure for securing legal and equitable
remedies and reform relating to the subject matter encompassed by
this chapter, without prejudice to the use of procedures available
under existing and subsequently enacted laws, and to strengthen existing
laws on the subject.
This chapter shall be known as the "Property
and Building Nuisance Reform Act."
As used in this article, the following terms
shall have the meanings indicated:
The entry of a plea of guilty to or a verdict of guilty upon
an accusatory instrument other than a felony complaint or to one or
more counts of such instrument.
A person is guilty of criminal nuisance in the second degree
when, by conduct either unlawful in itself or unreasonable under all
the circumstances, he knowingly or recklessly creates or maintains
a condition which endangers the safety or health of a considerable
number of persons or he knowingly conducts or maintains any premises,
place or resort where persons gather for purposes of engaging in unlawful
conduct. "Criminal nuisance" in the second degree is a Class B misdemeanor.
Anything tangible which is capable of being used or adopted
to arouse interest, whether through the medium of reading, observation,
sound or in any other manner.
Any material or performance is "obscene" if the average person,
applying contemporary community standards, would find that, considered
as a whole, its predominant appeal is to the prurient interest in
sex and it depicts or describes in a patently offensive manner actual
or simulated sexual intercourse, sodomy, sexual bestiality, masturbation,
sadism, masochism, excretion or lewd exhibition of the genitals and,
considered as a whole, it lacks serious literary, artistic, political
and scientific value. Predominant appeal shall be judged with reference
to ordinary adults unless it appears from the character of the material
or the circumstances of its dissemination to be designed for children
or other specially susceptible audience.
Conduct for which a sentence to a term of imprisonment or
to a fine is provided by any law of this state or by any law, local
law or ordinance of a political subdivision of this state or by any
order, rule or regulation of any governmental instrumentality authorized
by law to adopt the same.
Any play, motion picture, dance or other exhibition performed
before an audience.
A person is guilty of prostitution when such person engages
or agrees or offers to engage in sexual conduct with another person
in return for a fee.
[Amended 9-24-2002 by Ord. No. 161-2002]
Three or more offenses of any combination of
one or more of the following, all within the one-year period preceding
the commencement of an action under this chapter, are declared to
be a property and building nuisance.
A.
Any building, structure or place used for the purpose of prostitution as defined in § 257-3.
(1)
An offense for acts of prostitution in the building,
structure or place shall be presumptive evidence that the building,
structure or place is a nuisance.
(2)
In any action under this subsection, evidence of the
common fame and general reputation of the building, structure or place
of the inhabitants or occupants thereof or of those resorting thereto
shall be competent evidence to prove the existence of a property or
building nuisance.
(3)
If evidence of the general reputation of the building,
structure or place or of the inhabitants or occupants thereof is sufficient
to establish the existence of the nuisance, it shall be prima facie
evidence of knowledge thereof and acquiescence and participation therein
and responsibility for the nuisance on the part of the owners, lessors,
lessees and all those in possession of or having charge of, as agent
or otherwise, or having any interest in any form in the property,
real or personal, used in conducting or maintaining the property or
building nuisance.
B.
Any building, structure or place used for the purpose of obscene performances. The term "obscene" shall have the same meaning as that term is defined in § 257-3. The term "performance" shall have the same meaning as that term is defined in § 257-3. An offense for acts of production, presentation or direction of an obscene performance or for participation in such performance in the building, structure or place shall be presumptive evidence that the building, structure or place is a nuisance.
C.
Any building, structure or place used for the purpose of promotion of obscene material. The term "obscene" shall have the same meaning as that term is defined in § 257-3. The term "material" shall have the same meaning as that term is defined in § 257-3. An offense for acts of promotion of or possession with intent to promote obscene material in the building, structure or place shall be presumptive evidence that the building, structure or place is a nuisance.
D.
Any building, structure or place which is in violation of § 111-8 (Building permit required), § 111-16 (Certificates of occupancy and compliance) and § 111-41 (Stop-work order) of the Code of the City of New Rochelle. An "offense," as defined in § 257-3, for acts of violating the aforesaid provisions of this Code in the building, structure or place shall be presumptive evidence that the building, structure or place is a nuisance.
E.
Any building, structure or place which is a nuisance, as defined in § 174-12, Abatement of nuisances, of the Code of the City of New Rochelle, or in which there has been an offense for violating §§ 163-1 (Placement of materials on roadway or sidewalk restricted) and 163-3 (Littering on lots) of the Code of the City of New Rochelle.
F.
Any building, structure or place used for the purpose
of a business, activity or enterprise which is not licensed as required
by law.
G.
Any building, structure or place where there has occurred
an offense for violating any of the provisions of Article 220, 221
or 225 of the Penal Law.
H.
Any building, structure or place used for any of the
unlawful activities described in § 65 or 123 of the Alcoholic
Beverage Control Law. An offense for violating § 65 or 123
of the Alcoholic Beverage Control Law shall be presumptive evidence
that the building, structure or place is a nuisance.
I.
Any building, structure or place wherein there has occurred an offense for violating § 111-20 (Unsafe buildings) of the Code of the City of New Rochelle.
K.
Any building, structure or place where there has occurred an offense for violating the Zoning Ordinance promulgated in Chapter 331 of the Code of the City of New Rochelle.
L.
Any building, structure or place where there has occurred a criminal nuisance, as defined in § 257-3.
M.
Any building, structure or place wherein there has
occurred an offense for violating the provisions of §§ 165.40,
165.45, 165.50, 165.52, 165.54, 170.65, 170.70, 175.05, and 175.10
of the Penal Law or § 415-a of the Vehicle and Traffic Law.
A.
The Corporation Counsel may bring and maintain a civil proceeding in the name of the City in the Supreme Court of Westchester County to enjoin a nuisance as defined in Subsections A, D, E, F, G, H, I, J, K, L, M, N and O of § 257-4 of this chapter, in the manner provided in Article II of this chapter.
[Amended 9-24-2002 by Ord. No. 161-2002]
B.
The Corporation Counsel shall bring and maintain a civil proceeding in the name of the City in the Supreme Court of Westchester County in which the building, structure or place is located to recover a civil penalty in relation to the nuisance defined in Subsections B and C of § 257-4 of this chapter, in the manner provided in Article III of this chapter.
