Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 10. PUBLIC SAFETY |
Chapter 1. PUBLIC SAFETY |
Section 10-155. Public nuisance defined
Latest version.
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For the purpose of this section and section 10-156 of this chapter, the following are declared to be public nuisances: a. Any building, erection or place where violations of any of the provisions of article two hundred thirty of the penal law are occurring and where two or more violations of such provisions which have resulted in one or more criminal convictions and one or more arrests have occurred within the twelve month period of time prior to the commencement of a proceeding pursuant to section 10-156 of this chapter. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the provisions of such article has been made within thirty days prior to the issuance of notice pursuant to section 10-156 of this chapter. b. Any building, erection or place where violations of any of the provisions of article two hundred twenty, two hundred twenty-one or two hundred twenty-five of the penal law are occurring and where two or more violations of such provisions which have resulted in one or more criminal convictions and one or more arrests have occurred within the twelve month period of time prior to the commencement of a proceeding pursuant to section 10-156 of this chapter. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the provisions of such articles has been made within thirty days prior to the issuance of notice pursuant to section 10-156 of this chapter. c. Any building, erection or place where violations of any of the unlawful activities set forth in section one hundred twenty-three of the alcoholic beverage control law are occurring and where two or more violations of such provisions which have resulted in one or more criminal convictions and one or more arrests have occurred within the twelve month period of time prior to the commencement of a proceeding pursuant to section 10-156 of this chapter. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the unlawful activities set forth in such section has been made within thirty days prior to the issuance of notice pursuant to section 10-156 of this chapter. d. Any building, erection or place where violations of any of the provisions of section 165.40, 165.45, 165.50, 170.65, 170.70, or 175.10 of the penal law or section four hundred fifteen-a of the vehicle and traffic law are occurring and where two or more violations of such provisions which have resulted in one or more criminal convictions and one or more arrests have occurred within the twelve month period of time prior to the commencement of a proceeding pursuant to section 10-156 of this chapter. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the provisions of such sections has been made within thirty days prior to the issuance of notice pursuant to section 10-156 of this chapter. e. Any building, erection or place where violations of any of the provisions of section 240.45 of the penal law are occurring and where two or more violations of such provisions which have resulted in one or more criminal convictions and one or more arrests have occurred within the twelve month period of time prior to the commencement of a proceeding pursuant to section 10-156 of this chapter. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the provisions of such section has been made within thirty days prior to the issuance of notice pursuant to section 10-156 of this chapter. f. For the purposes of this section, "conviction" shall be defined and applied in accordance with the provisions of section 1.20 of the criminal procedure law.