Section 10-155. Public nuisance defined  


Latest version.
  • 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.