[HISTORY: Adopted by the Council of the City of Schenectady 2-9-1970 by Ord. No. 15274. Amendments noted where applicable.]
Article I General Provisions
Article II Graffiti
It shall be unlawful to engage in rioting or rout or to commit any assault and battery or fighting.
[Amended 6-2-1986 by L.L. No. 3-1986]
It shall be unlawful to be engaged in any disorderly assemblage.
[Added 9-17-1990 by Ord. No. 90-68; amended 9-28-1992 by Ord. No. 92-47; 8-1-1994 by Ord. No. 94-23]
Findings. The City of Schenectady finds that unsupervised minors have recently been creating neighborhood problems, including gambling, drug dealing, vandalism, noise, intoxication, physical assaults, thefts, prostitution and other detrimental activities, and that it is in the best interest of its people to preserve public health, safety and welfare of the community in adopting a curfew directed toward youth within its City limits under the age of 16 to protect minors from each other, to protect others and their property and to reduce juvenile crime. It is found that the following curfew legislation is reasonable in relation to the ends sought to be achieved and does not infringe on the fundamental rights of juveniles. Therefore:
It shall be unlawful for any minor under the age of 16 to be in or remain upon any public building, street, highway, park, vacant lot or other public place during the following hours: Sunday, Monday, Tuesday, Wednesday and Thursday between the hours of 10:00 p.m. and 6:00 a.m. and Friday and Saturday between the hours of 11:00 p.m. and 6:00 a.m.
The following shall constitute valid exceptions to the operation of the curfew:
At any time, if the minor is accompanied by his or her parent, legal guardian, custodian or other legally responsible person who is over the age of 21 and approved by the minor's parent, legal guardian or custodian.
At any time, if the minor is on an emergency errand as directed by his or her parent, legal guardian or custodian.
If the minor is legally employed, for the period from one-half hour before to one-half hour after work, while going directly between his or her home and place of employment. This exception shall also apply if the minor is in a public place during curfew hours in the course of his or her employment. To come under this exception, the minor must be carrying a written statement from the employer attesting to the place and hours of employment.
Until the hour of 12:30 a.m., if the minor is on the property of or the sidewalk directly adjacent to the building in which he or she resides or the buildings immediately adjacent thereto.
If the minor is coming directly home from a community, school or religious event or place of public entertainment, such as a movie, play or sporting event. This exception will apply for one-half hour after the completion of such event, but in no case beyond 12:30 a.m. If the event is not commercial in nature or does not have a fixed publicly known time at which it will end, the sponsoring organization must register the event with the Police Department at least 24 hours in advance, informing it of the time such event is scheduled to begin, the place at which it shall be held, the time at which it will end and the name of the sponsoring organization.
A police officer who has probable cause to believe that a minor is in violation of this section shall ascertain the name and address and proof of age of said minor and inform the minor that he or she is in violation of curfew. A record shall be kept for future reference, and the officer shall take or direct such minor to the minor's parent, guardian or custodian and, if there is no parent, guardian or custodian available, then to the police station where an immediate attempt shall be made to notify the minor's parent, guardian or custodian that the minor is in police custody and that they can come to the police station to take the minor home. If no parent, guardian or custodian has arrived at the police station within two hours after the minor's arrival at the police station, the minor shall be turned over to the custody of the City Police Department Youth Aide Bureau and be held in a shelter run by a licensed Division for Youth facility until a parent, guardian or custodian can take custody of him or her. If the minor refuses to inform the officer of his or her parent, guardian or custodian, name and address, the minor may be taken to the police station and be turned over to the custody of the City Police Department Youth Aide Bureau to be dealt with in accordance with appropriate law and procedure.
At the time the Police Officer takes the minor to his or her parent, guardian or custodian, the officer shall provide the parent, guardian or custodian with a copy of this section and inform them that a proceeding may be instituted in Family Court under Article 7 of the New York State Family Court Act to determine whether the minor is a person in need of supervision.
Names of absent parents are to be reported to the Schenectady County Department of Social Services for investigation of possible child neglect.
Whenever the owner or person in charge or control of any place of amusement, entertainment, refreshment or other place of business shall find any person under the age of 16 years in or about such place in violation of Subsection A, he or she shall immediately order such minor or minors to leave, and if such minor or minors refuse to leave, the owner or person in charge shall immediately inform the Police Department of the violation. Failure of the owner or person in charge of said business establishment to obey this subsection shall be subject to a fine not to be in excess of $250.
Any City citizen may request an opinion from the office of the Mayor as to what is permissible activity, and, in appropriate cases, permits will be issued.
[Added 4-16-1990 by Ord. No. 90-25]
A "cemetery" is a place for burial of the dead and shall include a mausoleum, vault, grave, columbarium or other receptacle.
It shall be unlawful for any person to wantonly or willfully destroy, break, injure, deface, disfigure or remove any gravestone, monument, ornament or decoration at a grave or in a cemetery.
Editor's Note: This ordinance also provided for the renumbering of former § 192-3, Disorderly assemblies, as § 192-2.
It shall be unlawful for any person, other than the owner thereof, to wantonly or willfully destroy, break, injure, deface or remove any lamppost, lamp, tree, fence, gate, sign, awning, window or other construction or erection or useful or ornamental work or any part thereof or to willfully or wantonly daub or besmear with any mixture or substance whatever any culvert, bridge, building, monument, lamppost, lamp, tree, fence, gate, sign, awning or other construction or erection or useful or ornamental work of any party thereof or to aid or abet therein.
It shall be unlawful to willfully or wantonly destroy, injure, break or deface any culvert, bridge or building or any part thereof attached to, connected with or making part of any such culvert, bridge or building.
It shall be unlawful to willfully or wantonly destroy, injure, break or impair the usefulness or deface, conceal or remove any fire engine, hose cart, hook and ladder truck or any part thereof or any fire hose or any implement or apparatus or any part thereof belonging, attaching or appertaining to any such fire engine, fire hose, hose cart or hook and ladder company organized within this City, and no person shall aid, abet or be an accessory to any violation of this section.
Every person who shall give or cause to be given a false fire alarm with intent to deceive shall be guilty of a misdemeanor.
It shall be unlawful for any person to:
Transfer, meddle or interfere with any fire alarm or police box, or any part thereof.
Cut, break, injure, deface, destroy or remove any City fire alarm or police box or the wires, insulators, cables, poles, materials or property of the fire alarm or police telegraph, telephone or signal lines, or any part thereof.
Make any connection or communication with said telegraph, telephone or signal lines, or any part thereof.
Injure, break, destroy or remove any fixtures, apparatus or machinery connected with such telegraph, telephone or signal lines, or any part thereof.
Affix or cause to be affixed to or upon any of the poles, boxes or apparatus of or connected with such telegraph, telephone or signal lines any words, characters, devices or advertisements, or any notice whatever.
No City building shall be used or occupied by any person or persons for the purpose of drinking, carousing, gaming, prostitution or other vice or immorality.
No person shall fire or assist in firing any gun, cannon or pistol or explosive combustibles in the streets, public squares or pleasure grounds within this City unless permission so to do shall have been obtained from the Mayor, provided that such permission shall not be given by the Mayor to apply to any hour between 10:00 p.m. and 6:00 a.m.
[Amended 8-5-1991 by Ord. No. 91-35]
It shall be unlawful for any person to possess or discharge any air gun or pistol, spring gun or pistol, pellet gun or pistol, any BB gun or pistol which propels a single globular projectile not exceeding 0.18 inch in diameter or other similar instrument in which the propelling force is a spring or compressed air or other gas in any park, building, street or other public place.
Violations of this section are punishable by a fine not to exceed $25 for the first offense, $50 for the second offense and $75 for each offense thereafter.
[Amended 9-4-1990 by Ord. No. 90-67]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- Remaining idle in essentially one location, and includes the concept of spending time idly, to be dilatory, to linger, to stay, to saunter, to delay and to stand around and also includes the colloquial expression "hanging around."
- PUBLIC PLACE
- Any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
Loitering; police order to disperse. It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle, either alone and/or in consort with others, in a public place in such a manner so as to:
Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.
Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, and regress therein, thereon and thereto.
Penalties for offenses.
When any person causes or commits any of the conditions enumerated herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.
A violation of this section of the Schenectady Code shall be a violation, and the violation shall be subject to a fine not exceeding $1,000 or to imprisonment not exceeding 15 days, or both. Any such violation shall constitute a separate offense on each successive day continued.
[Amended 12-21-1992 by Ord. No. 92-56]
No person shall keep or assist in keeping a disorderly house or house of prostitution or house of assignation or entertain or assist in entertaining lewd women for the purpose of prostitution nor procure nor assist in procuring lewd women for that purpose.
No owner or lessee of a house or tenement shall permit any occupant thereof who has been convicted of any violation of Subsection A to continue in the occupation thereof for more than 20 days after having received written notice of such conviction.
The presence of any person, male or female, in a gambling house or in a room or place where gambling is being carried on or in a room or place where gambling instruments or apparatus are used shall be presumptive evidence that such person is a gambler, and the presence of any female in a house of prostitution shall be presumptive evidence that such female is a prostitute.
Editor's Note: Former Subsection (a) of this section, which immediately preceded this subsection, relating to the soliciting of alms or subscriptions, was omitted 6-2-1986 by L.L. No. 3-1986.
No person shall, in any manner, interfere with any City officer or employee or any contractor with the City while acting pursuant to any law or ordinance or resolution of the City Council.
No person shall throw, deposit, strew or litter on any street, sidewalk, square, park or other public place in the City, or cause to be thrown, deposited, strewn or littered thereon, any paper, advertisements, cardboard, handbills, paper boxes or other similar waste material.
Penalties. Any person who violates any of the provisions of this section shall be deemed guilty of an offense and, upon conviction, shall be punished by a fine not to exceed $250 for the first offense and a fine up to but not exceeding $500 for each subsequent offense and/or a sentence of eight hours of court-imposed community service.
[Added 9-30-1991 by Ord. No. 91-39]
Any person or persons who shall use or occupy any of the streets, alleys or vacant ground belonging to the City may be removed from such occupancy by the direction of the Mayor of the City or by a resolution of the City Council, and the person or persons refusing or neglecting to comply with such order or resolution shall be guilty of a misdemeanor.
It shall be unlawful to make, draw, paint or post any indecent or obscene drawing, figure, picture, bill or writing, or write, print or paint any indecent or obscene words exposed to view on any culvert, bridge, building, lamppost, tree, fence, gate, sign, awning or other construction or erection.
It shall be unlawful to publicly use indecent language.
It shall be unlawful to make an indecent exposure of the person.
It shall be unlawful for any person to swim or bathe in any canal, river, pond or outdoor swimming pool within the City at any time except with a proper bathing suit.
It shall be unlawful to promote an indecent exhibition or aid or abet in any way thereto.
It shall be unlawful for any person to pretend to read character within the City unless such person is a physician, duly authorized to practice medicine within the State of New York, or a psychologist who is a graduate of a duly accredited college or university and who has majored in the field of psychology; but this section shall not be construed to interfere with the belief, practices or usages of an incorporated ecclesiastical governing body or the duly licensed teachers or ministers thereof acting in good faith and without personal fee, nor shall it be construed to prohibit or prevent any show, trick, feat, display or other act or exhibition performed by a magician or mentalist for purposes of amusement or entertainment and without personal fee.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- A motor vehicle operated for the use and convenience of the public, usually along the same route or between stated terminals, or on a fixed or stated schedule, carrying passengers for hire. It does not include what is commonly known as a "taxicab."
- FLASH PAPER
- Any paper, paper product or material which has been coated, treated or impregnated with nitrocellulose.
- A person acts "knowingly" with respect to conduct or to a circumstance described in the definition of "offense" in this section when he is aware that his conduct is of such nature or that such circumstance exists. The term "knowingly" shall apply to every element of the offense defined in this subsection.
- A person is guilty of a misdemeanor when:
- (1) He knowingly possesses flash paper.
- (2) Having substantial proprietary or other authoritative control of any room, dwelling, structure or vehicle, or any part thereof, he knowingly permits flash paper to be brought into, kept or stored in such room, dwelling, structure or vehicle, or any part thereof.
- Includes the singular and the plural, and shall also include any person, firm, partnership, association, corporation, company or organization of any kind.
- To have physical possession or otherwise to exercise dominion or control of.
Presumption. Proof of possession of any flash paper is presumptive evidence of possession thereof with knowledge that it is flash paper.
Penalty. Conviction of an offense, as defined in this section, is punishable by imprisonment for a period not to exceed 60 days or by a fine not to exceed $1,000, or by both such imprisonment and fine.
No person shall, while in a bus being operated within the City, light or smoke any cigarette, pipe tobacco, cigar or tobacco in any form which gives off smoke, fumes, aroma or tobacco odor. Every person carrying a lighted cigarette, pipe or cigar, upon entering a bus, shall extinguish the same before entering.
[Added 10-19-1987 by Ord. No. 87-67]
No person shall intentionally throw, deposit, strew or litter on any street, sidewalk, square, park or other public place in the City or upon private property without the permission of the owner or intentionally cause to be thrown, deposited, strewn or littered thereon, any wood, concrete, building materials, debris, junk or similar garbage of any quantity or any paper, advertisements, cardboard, handbills, paper boxes or other similar paper waste material or other offensive material, weighing in excess of 1/2 pound.
Penalty. Conviction of an offense, as defined in this section, is punishable by imprisonment for a period not to exceed 60 days or by a fine not to exceed $1,000, or by both such imprisonment and fine.
[Added 10-19-1987 by Ord. No. 87-67]
Unless otherwise specified in this chapter, any person, firm or corporation who shall violate any provision of this chapter shall be deemed guilty of an offense and, upon conviction, shall be punished by a fine not to exceed $250 or by a civil penalty of not more than $500 to be recovered by the City in a civil action.
[Added 12-21-1992 by L.L. No. 6-1992]
All hunting, use of firearms and bows and arrows within the Woodlawn Drainage Area and all public areas of the City of Schenectady are at all times prohibited.
[Added 12-21-1992 by Ord. No. 92-55]
A violation of § 192-27 shall be a violation, and the violation shall be subject to a fine not exceeding $1,000 or to imprisonment not exceeding 15 days, or both.
[Added 4-10-1995 by Ord. No. 95-10]
There is hereby established a Center for Nonviolence Board. The Board shall consist of no less than three persons to be appointed by the Mayor without confirmation by City Council. Terms of office are to be determined by the Mayor at the time of appointment. One member shall be chosen as Chairperson, who shall call meetings.
[Added 5-22-2000 by Ord. No. 2000-05]
Pursuant to § 405.00 of the Penal Law of New York, a permit for the public display of fireworks by municipalities, fair associations, amusement parks or organizations of individuals shall be required from the Office of Consumer Protection prior to any such display in accordance with the terms of § 405.00 of the Penal Law of New York. All such permits must be approved by the head of the Police and Fire Departments of the City of Schenectady. There shall be no fee for such permit if the applicant provides acceptable proof that the fireworks display is for the benefit of a charitable organization, not-for-profit organization or municipality; the fee for all other permits shall be $50.
[Added 9-23-2002 by Ord. No. 2002-11; amended 10-22-2007 by L.L. No. 7-2007]
- Ordinance 2014-13
- Created: 2014-04-02
Amended to add Chapter 192-31.1 on March 24, 2014 by Ordinance 2014-13. See New Laws.
The Common Council finds that for the health, safety and welfare of the residents of the City, the laws designed to deter the defacement of public and private property through the use of aerosol spray paint cans, broad-tipped indelible markers and other marking devices shall be strengthened. The Common Council finds further that such defacement of property is most often committed using aerosol spray paint cans and broad-tipped indelible markers; that within the City of Schenectady, the sale of such aerosol cans and markers to such persons should be regulated; and that persons engaged in the retail sale of such aerosol cans and markers should be required to take reasonable steps to prevent the theft of such cans and markers or the sale thereof to minors.
The Common Council finds that the defacement of private property by graffiti, especially vacant buildings, is proliferating throughout the City and requires the enactment of measures to effect its removal and to preserve, enhance and protect the aesthetics of the City and to ensure the general welfare of the public.
As used in this article, the following terms shall have the meanings indicated:
- BROAD-TIPPED INDELIBLE MARKER
- Any felt-tip marker or similar implement containing a fluid or coloring matter that is not water soluble and which has a flat or angled writing surface of 1/4 inch or greater.
- To mark the face or surface or disfigure, injure or spoil the appearance thereof.
- An inscription, figure, mark or design which is written, scratched, painted or drawn on a wall, building, monument, statue, rock or any other surface of real or personal property.
No person shall write, paint or draw any word, inscription, design, figure or mark, or otherwise mar or deface any property, real or personal, public or private, nor any building, church, synagogue, statue, monument, office, passenger or commercial vehicle, bridge, dwelling or structure of any kind, including those in the course of construction or any portion thereof, without the consent and express permission of the owner or proprietor thereof or, in the case of public property, of the person having charge, custody or control thereof.
No person shall carry an aerosol spray paint can or broad-tipped indelible marker into any public building or other public facility with the intent of violating the provisions of the foregoing Subsection A of this section.
Sale of aerosol spray paint cans and broad-tipped indelible markers.
No person shall sell or offer to sell an aerosol spray paint can or broad-tipped indelible marker to any person under 18 years of age.
A person who sells or offers for sale aerosol spray cans or broad-tipped indelible markers shall not place such cans or markers on display unless they are displayed in continuous view of the seller or seller's employees, or behind a locked glass or metal grated door.
It shall be the duty of any person or entity who sells or offers for sale any container described in Subsection C(1) to require. from any person desiring to purchase such container, identification and proof of such person's age before selling or delivering a container to such a person.
Persons engaged in the sale of aerosol spray paint cans and broad-tipped indelible markers shall prominently display this section or a summary thereof.
Owners of property in the City of Schenectady shall be responsible for removing or painting over graffiti and/or otherwise restoring the property so defaced.
Upon written complaint or of his/her own volition and after inspecting the property, the Commissioner of General Services, or his/her designee, shall have the power and duty to request the restoration of property defaced with graffiti, upon 14 days' written notice to the property owner or other responsible person in charge of the property indicating the noncompliant condition of the property, offering technical advice and information to assist in the restoration of the property and providing notification of the Commissioner's intent to restore the property so defaced should the owner fail to do so. Twenty days after the property owner's failure to comply with such request, the Commissioner may take appropriate action to remove or paint over the graffiti. The City may charge a fee equal to the actual costs incurred by the City for personnel and materials for the removal of graffiti from private property. The fee is to be determined by the Commissioner, and the cost may be assessed as a lien on the real property.
Any property owner or other responsible person in charge of the property may request that the Department of General Services remove graffiti from private property, at the time, for a fee to be determined by the Commissioner of General Services. The Commissioner shall make every effort to accommodate such request in a timely manner.
Any person who shall violate any provision or prohibition of §§ 192-33 through 192-34 of this chapter shall be guilty of a Class A misdemeanor, punishable by a fine of not more than $1,000 or imprisonment for not more than one year, or both. It is the recommendation of the Common Council that, where appropriate, the courts imposing punishment require those who commit such acts of defacement to also restore the property so damaged and/or otherwise be required to provide and perform appropriate acts of community service.
If any term, part, provision, section, subdivision or paragraph of this article shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subdivisions and paragraphs.