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:

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.

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.

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.

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.

Definitions. As used in this section, the following terms shall have the meanings indicated:

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:

Penalties for offenses.

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.[1]

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.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

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 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.

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.

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.

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.

Owners of property who fail to comply with the written notice to remove graffiti as provided for in § 192-34 shall be punishable by a fine of not more than $10 per day until the owners of property comply with the written notice to remove graffiti.