Click on any of these Quick-Links to get more information on these laws and ordinances...
FIREARMS DISPLAY Amended law, effective August 2, 2005 PDF FILE HERE
STORAGE OF VEHICLES New law, replacing former Chapter, April 20, 2004
PARKING PROHIBITIONS - BULLHEAD PT. AND INDIAN PT. LANDING August 2003
TAXICABS - Amended fee schedules for licensing and services, effective May 20, 2003
OPERATION OF WIRELESS TELEPHONES IN MOTOR VEHICLES - New law, effective Dec. 1, 2001
PEDDLING AND SOLICITING - New
law, passed September 4, 2001 - includes FAQs
also see PDF FILE HERE
VEHICLE SIZE, WEIGHT LIMITS, PARKING RESTRICTIONS
PLAY VEHICLES, GUIDELINES FOR USE OF
MOTORIZED RECREATIONAL VEHICLES (INCLUDES SNOWMOBILES)
HELMET REQUIREMENTS FOR BICYCLISTS
MOTORIZED VEHICLE PROHIBITION ON NATURE TRAIL
FIREARMS
DISPLAY
Chapter 72
§72-4. Penalties for offenses.
§72-5. Chief authorized to promulgate rules and regulations.
[HISTORY: Adopted by the Common Council of the City of Fulton 3-24-1998 by L.L. No. 4-1998. Amendments noted where applicable. Amended by the Common Council of the City of Fulton 8/02/2005 by L.L. No. 1-2005.]
The Common Council, in order to assure the proper protection, health, safety,
and welfare of persons lawfully in the public buildings of the City of Fulton
and in order to ensure the performance of essential governmental functions by
city employees without threat or intimidation to such employees or others, finds
it to be in the public interest to prohibit the open display or transport of any
weapon in certain public buildings of the City of Fulton.
When used in this chapter, the following words and phrases shall having the meanings herein ascribed to them:
PERSON -- Any person, except a police officer, sheriff or deputy sheriff, peace officer, security officer when authorized by the City of Fulton.
POSSESS, or POSSESSION -- The actual, physical, or constructive possession of a weapon by any person, except where such possession is for the specific purpose of contemporaneously surrendering such weapon to a police officer or where such possession is authorized, in writing, by a special permit issued by the Chief of Police. (new, 08/02/2005, L.L. 1-2005)
PUBLIC BUILDING -- The following buildings or property owned, occupied, or operated by the City of Fulton:
A. Municipal Building.
B. Community Center.
C. War Memorial.
D. Fulton Public Library.
E. Fulton Waterworks Facility.
F. Department of Public Works Facility.
G. Fulton Water Department Facility.
H. Community Development Agency.
I. Wastewater Treatment Plant.
WEAPON -- Any firearm, electronic dart gun, gravity knife, switchblade knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sandclub, slungshot, dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or any other dangerous or deadly instrument or weapon.
A. No person shall possess any weapon in any public building as those terms are defined herein. (amended, 08/02/2005, L.L. 1-2005)
B. No person who possesses a weapon in any public building shall refuse to surrender such weapon at the request of a police officer, sheriff or deputy sheriff, or duly authorized security officer of the City of Fulton. Any otherwise legally possessed weapon so surrendered shall be returned to such person upon his or her departure from the public building or place. (amended, 08/02/2005, L.L. 1-2005)
C. Nothing contained in this chapter shall be deemed to authorize the possession of any weapon, the possession of which is made unlawful by any other law, statute, ordinance, or resolution.
D. Nothing contained in this chapter shall by deemed to prohibit the
possession of any weapon, otherwise lawful, except under the circumstances
herein specified.
§72-4. Penalties for offenses.
A person who violates the provisions of §72-3A or B of this chapter shall be
guilty of a misdemeanor and may be punished by a fine not to exceed $100.
§72-5. Chief authorized to promulgate rules and regulations. (new, 08/02/2005, L.L. 1-2005)
The Chief of Police is hereby authorized to promulgate the criteria, and any rules and regulations to carry out the permitting process referred to in §72-2 herein.
CITY OF FULTON LOCAL LAW - CHAPTER 162
SYNOPSIS: REGULATES STORAGE OF UNREGISTERED, UNLICENSED AND CERTAIN OTHER VEHICLES
Note: The former Chapter 162 was repealed in its entirety, replaced with the language below as adopted by the Common Council on April 20, 2004.
VEHICLES,
STORAGE OF
Chapter 162
City
Code of the City of Fulton
§162-2. Definitions.
§162-3 Presumptions.
§162-4 Storage of motor vehicles and recreational vehicles.
§162-9 Penalties for offenses.
§162-11 Administrative immunity.
§162-12 Zoning officer authorized to promulgate rules and regulations.
Be it
enacted by the Common Council of the City of Fulton, New York as follows:
First,
that the former Chapter 162 of the City Code of the City of Fulton, entitled,
“Vehicles, Abandoned”, is hereby repealed in its entirety and replaced with
the following:
§162-1.
Findings.
The
outdoor storage of abandoned, junked, and discarded motor vehicles upon public
and private property within the City of Fulton, except in a permitted and
orderly manner, constitutes a blight upon the City of Fulton, and present a
peril to the safety in that they are replete with dangerous materials including
broken glass, sharp and torn metals, gasoline and other hazardous materials, are
an attractive nuisance to children, and tend to depreciate not only the property
on which they reside, but also other properties in the neighborhood and within
the City of Fulton, generally. The Common Council hereby finds that the outdoor
storage of such vehicles is detrimental to the general welfare of the City of
Fulton, its residents and the community at large, and thus constitutes a
nuisance requiring regulation by the City.
§162-2.
Definitions.
As
used in this chapter, the following terms shall have the meanings indicated:
A.
JUNKED MOTOR VEHICLE: Any motor vehicle, or used parts or waste materials from
motor vehicles which, taken together, equal in bulk one or more such vehicle,
which is:
1.
Unregistered for a period of ten or more consecutive days;
2.
Uninsured for a period of ten or more consecutive days;
3.
No longer intended or in condition for legal use on the public highways;
4.
the cost to repair the vehicle in order to enable said vehicle to pass the New
York State inspection laws for motor vehicles exceeds the fair market value of
said vehicle; or
5.
Abandoned or discarded.
B.
ABANDONED - Any motor vehicle which:
1. has a wholesale value of $1,250 or less,
and
2. is more than ten or more model years old,
and
3. has been abandoned for at least one month.
C.
DISCARDED - Any motor vehicle which, under the totality if the circumstances,
appears to have been disposed of as useless, no longer of service or rejected by
the true owner. Criteria used in
making such a determination may include, but are not limited to, the
circumstances under which a vehicle is situate upon the property in question,
the concealment of valid
identification of the vehicle such as the removal, obliteration, alteration or
removal of the vehicle identification number, whether useful and valuable
parts of the vehicle have been removed, and whether the remaining parts of the
vehicle are of significant value.
D.
MOTOR VEHICLE - Every vehicle which may be operated or driven upon a public
highway which is propelled by any power other than muscular power, including but
not limited to an automobile, bus, trailer, tractor, motor home, motorcycle, and
mini-bicycle. This term shall also include an all-terrain vehicle and
snowmobile.
E.
OWNER OF MOTOR VEHICLE: A person, other than a lien holder, having possession of
or title to a motor vehicle. The term includes a person entitled to the use and
possession of a motor vehicle subject to a security interest in another person
and also includes any lessee or bailee of a motor vehicle, having the exclusive
use thereof, under a lease or otherwise, for a period of greater than thirty
(30) days.
F.
PERSON - An individual, partnership, association, corporation, or entity of any
other kind.
G.
PRIVATE PROPERTY - Any real property situate in the City of Fulton which is not
public property as defined herein.
H.
PUBLIC PROPERTY - Any real property in which the City of Fulton, County of
Oswego, State of New York or United States of America has any form of legal
interest therein, including, but not limited to, fee simple ownership, recorded
easements, unrecorded easements, easements by prescription, licenses or any
interest acquired by adverse possession.
I.
UNREGISTERED - Means a vehicle not registered in accordance with Article 14 of
the New York State Vehicle and Traffic law, or a vehicle registration which, though proper and current, has been
suspended or revoked by the New York State Department of Motor Vehicles.
J.
UNINSURED - Means a vehicle not insured in accordance with Article 6 of the New
York State Vehicle and Traffic Law.
§162-3
Presumptions.
A.
The fact that a motor vehicle does not display a current motor vehicle
registration or license plate shall be presumptive evidence that such motor
vehicle is not in condition for legal use upon the highways.
B. With respect to any motor vehicle not required to be licensed or a motor
vehicle not usually used on public highways, the fact that such motor vehicle is
not in condition to be removed under its own power shall be presumptive evidence
that such motor vehicle is a junk motor vehicle unless refuted by verifiable and
credible proof to the satisfaction of the Zoning Inspector.
§162-4
Storage of motor vehicles and recreational vehicles.
A.
Any vehicle having a maximum gross
weight of more than eighteen thousand pounds, motor vehicles used for
drag or stock car racing, and an abandoned or junked vehicle must be parked in a
completely enclosed structure, such as a garage or barn.
B.
Trailers, campers, boats, snowmobiles and other recreational vehicles shall be
parked in a garage or side or rear yard.
C.
Exceptions to these parking location regulations may be granted upon the
issuance of a special permit pursuant to §162-5 of this chapter.
§162-5
Exemptions.
A.
This chapter shall not apply to any motor vehicle repair shop which is licensed
by the State of New York, or to any new or used automobile or trailer sales or
rental agency.
B.
This chapter shall not apply to any motor vehicles which are permanently stored
in a completely enclosed structure.
C.
This chapter shall not apply to any motor vehicles which are completed covered
by a nontransparent covering specifically manufactured for covering motor
vehicles, provided that such covered motor vehicle is situate in the rear yard
of the property, as the term “rear yard” is defined by the Zoning Ordinance
of the City of Fulton.
§162-6
Special permits.
A.
The Office of the Zoning
Inspector may grant a special permit where the strict application of the
provisions of this chapter would result in practical difficulty or unnecessary
hardship, provided that the legislative intent of this chapter, as set forth in
§162-1 hereof, is not impaired and so long as the protection of the safety and
welfare of the community is not impaired. A special permit issued under this
section shall be valid for a period not to exceed six (6) consecutive calendar
months except for special permits
issued pursuant to subsection B of this section.
B.
Notwithstanding the provisions of subsection A of this section, the Office of
the Zoning Inspector may grant a temporary permit for residents in the process
of selling a car. Said permit is intended to provide residents a reasonable
opportunity to display and offer for sale a motor vehicle in a location other
than within the City’s right of way, unless specially endorsed and permitted
by the Zoning Inspector. Such temporary permit is valid for a period not to
exceed thirty (30) days, except that a permit may be obtained for the same
vehicle for an additional thirty (30) days upon application by the owner or
agent of the agent. Applications for such permits may be made upon forms
specified by the Zoning Inspector. Permits may be issued in the discretion of
the Zoning Inspector, giving due consideration to the number of vehicles at the
subject location, the number of permits currently and previously issued and the
impact of the display of such vehicle(s) at the subject location.
C.
Any permit issued pursuant to this section may be suspended or revoked for
cause, upon notice to the permittee. Notice of any such suspension or revocation
shall be made in the same manner as specified in subsection B of §162-7 herein.
§162-7
Enforcement.
The
Zoning Inspector of the City of Fulton is hereby declared to be the enforcement
officer of this chapter.
§162-8.
Notice of violation.
A.
The enforcement officer may serve upon the last known registered owner of the
abandoned, discarded or junked motor vehicle, and/or the assessed owner of the
real property upon which said motor vehicle is situated, with a written notice
of violation of this chapter.
B.
The notice of violation shall be served in the following manner:
1.
by personal service as defined by the Civil Practice Law and Rules of the State
of New York; or
2.
By certified or registered mail, return receipt requested.
C.
The notice of violation shall state that the violation shall be remedied within
ten (10) calendar days of the service of said notice and that the failure to
remedy such violation shall be deemed to subject the last known registered owner
of the junked, abandoned or discarded motor vehicle and/or the assessed owner of
the real property upon which the motor vehicle is situate, to the penalties
prescribed by this chapter.
D.
The notice of violation shall state that the City of Fulton shall have the
authority to remove such junked, abandoned or discarded motor vehicle from
public property after the expiration of ten (10) days from the date of service
of the notice of violation, as prescribed by §162-9 hereunder.
§162-9
Penalties for offenses.
Any
person who shall refuse or fail to comply with the demand contained in the
notice of violation and who shall refuse and neglect to remove the abandoned,
discarded or junked motor vehicle as directed by this chapter, or who shall
otherwise violate the provisions of such chapter, or who shall resist or
obstruct the agents of the city from removing said vehicle, shall be deemed
guilty of a violation and subject to a fine:
1.
for a first offense, not less than fifty dollars ($50) and not to exceed one
hundred dollars ($100) and/or imprisonment not to exceed fifteen (15) days per
day for each day that said violation of this chapter continues.
2.
for a second offense, not less than one hundred dollars ($100) and not to exceed
two hundred fifty dollars ($250) and/or imprisonment not to exceed fifteen (15)
days per day for each day that said violation of this chapter continues.
3.
for a third or subsequent offense, not less than two hundred fifty dollars
($250) and not to exceed five hundred dollars ($500) and/or imprisonment not to
exceed fifteen (15) days per day for each day that said violation of this
chapter continues.
§162-10
Removal by city.
A. In
any case where an abandoned, junked or discarded motor vehicle remains on public
property for a period of ten (10) or more calendar days after the service of
notice as prescribed in §162-7 herein, the City of Fulton, its officers, agents
or employees shall be vested, upon resolution of the Common Council, with the
authority to remove said abandoned, junked or discarded vehicle. The person upon
whom the notice of violation is served shall be jointly and severally liable for
the costs incurred by the City of Fulton for the removal and towing of said
abandoned, discarded or junked motor vehicle, plus the sum of twenty-five
percent (25%) for administrative fees.
B. In
any case where an abandoned, junked or discarded motor vehicle remains on
private property for a period of ten (10) or more calendar days after the
service of notice as prescribed in §162-7 herein, the City of Fulton, its
officers, agents or employees shall be vested, upon court order, with the
authority to remove said abandoned, junked or discarded vehicle. The person upon
whom the notice of violation is served shall be jointly and severally liable for
the costs incurred by the City of Fulton for the removal and towing of said
abandoned, discarded or junked motor vehicle, plus the sum of twenty-five
percent (25%) for administrative fees.
§162-11
Administrative immunity.
No
officer, agent or employee of the City of Fulton shall render himself or herself
personally liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of his or her duties
under this chapter.
§162-12
Zoning officer authorized to promulgate rules and regulations.
Subject
to and in conformity with the provisions set forth herein, the Zoning Officer
may enact, amend and repeal rules and regulations in order to properly carry out
the provisions of this Chapter. Any such rules and regulations shall be recorded
and filed with the office of the Zoning Officer and the City Clerk.
CITY OF FULTON LOCAL LAW (CHAPTER 165 - PORTION ONLY)
PARKING PROHIBITIONS - BULLHEAD PT. AND INDIAN PT. LANDING
SYNOPSIS: DETACHED COMMERCIAL TRAILERS PROHIBITED; NO OTHER OVERSIZED VEHICLES MORE THAN 2 HRS.
Note: These amendments, Local Law no. 5 of 2003, were adopted by the Common Council in August 2003.
Section 165-31.1
G. Detached commercial trailers shall be banned from parking at Indian Point Landing and Bullhead Point.
H. No vehicle, or combination of vehicles, described in subsection A, except for passenger vehicles with empty boat trailers, shall be allowed to park at Indian Point Landing or Bullhead Point for more than two (2) hours, except when authorized by permit or during snow emergencies.
CITY OF FULTON LOCAL LAW (CHAPTER 157 - PORTIONS ONLY)
SYNOPSIS: NEW FEE SCHEDULE
Note: These amendments, Local Law no. 2 of 2003, were adopted by the Common Council on May 20, 2003.
Section 157-3: Fees for license
For each vehicle, except motor vehicles, to carry persons or personal property for hire: $10
For each motor vehicle to carry persons for hire: $25
For each motor vehicle to carry personal property for hire: $10
Section 157-6(B)(1): Fees for services
The maximum charge for taxi service anywhere within the City limits of the City of Fulton shall be $5.50 for 1-2 passengers, including those carrying small parcels. There will be a maximum charge of $1.00 for each additional passenger up to a total of 5 passengers.
The maximum charge for picking up and delivering packages, without passengers, shall be $6.50 for medical deliveries and a maximum of $6.50 for all other small parcel deliveries.
Passengers with groceries will be charges as follows:
Up to 2 bags, inclusive - no additional charge
3-5 bags, inclusive - a maximum charge of $1.50 extra
6-8 bags, inclusive - a maximum charge of $2.50 extra
9 bags and over - a maximum charge of $.25 per bag, in additional to the charge of $2.50
If the taxi driver carries the groceries into the home for the passenger, a maximum charge of $1.00 will be allowed.
For waiting time, the first 3 minutes are free; thereafter, a maximum charge of .50 per minute will be allowed.
CITY OF FULTON LOCAL LAW (CHAPTER 115)
SYNOPSIS: PERMIT PROCEDURES AND REGULATION OF PEDDLING AND SOLICITING
Note: This local law was passed by the Common Council on September 4, 2001 and was amended in September 3, 2002.
Question: Why do we have a new peddling and soliciting law?
Answer: This is genuinely a public safety issue. The previous peddling law was drafted in 1944 and did not address a variety of situations that arise when dealing with peddling and soliciting activities. Additionally, as peddlers and solicitors hold themselves out to the public, Fulton government has a legitimate interest in protecting the welfare of its residents. You will likely remember the May 2000 murder of Fulton resident Diana Cooper who was killed at the hands of a door-to-door magazine salesman. That incident underscores the importance of regulating solicitors, particularly those who are transient and working on a commission basis - this can lead to deceptive and fraudulent activities. Many of us are familiar with the New York State "Do Not Call" registry where you can prevent solicitors from calling you at home. Until now, there was no provision in law to protect you from the same, unwanted solicitations at your home. But now, in Fulton, residents can prevent these unwanted solicitations by simply posting a sign at their primary doorway ("NO PEDDLING OR SOLICITING"). Solicitors must obey such a sign. Also, the Fulton law creates the crime of "aggressive peddling" which can also be the basis for canceling a solicitor's permit.
Question: If my scouting or school group wants to go door-to-door selling merchandise, do they need a permit?
Answer: Yes. However, there is no fee for the permit. The person responsible (sponsor) for the group or organization is required to obtain a permit for juveniles who solicit door-to-door. By requiring that such charitable and non-profit organizations be registered, this will help to authenticate the activities of a group. With a recent amendment to the law (Sept. 2002), certain groups may be eligible for an annual permit.
Question: If my scouting or school group wants to hold a car wash or cookie sale (not door-to-door), do we need a permit?
Answer: No. Such solicitations at a fixed location does not require a permit.
Question: When must I file for a permit?
Answer: Permits should be applied for at least three (3) business days in advance of the peddling or soliciting activity. If an applicant fails to file within that time, the permit fee is double the normal fee.
Question: Once I have obtained a permit, why would it be suspended or revoked by the City?
Answer: If the applicant makes a false statement in the application, or if the applicant or any solicitor fails to abide by the terms and conditions of the permit or of the peddling and soliciting law or for a violation of any other law.
Question: As a resident of the City of Fulton, I don't want my children bothered by door-to-door salespersons when I am not home. What can I do to protect them from this?
Answer: First, stress to your children to never answer the door for someone they do not know. Be sure that they have a means to see who is at the door (peep hole, window from another room, etc.) The City law requires that solicitors not knock at any door where a sign is posted, "NO PEDDLERS OR SOLICITORS" or words of similar meaning.
Question: What are the hours that a peddler/solicitor can go door-to-door in Fulton?
Answer: 9:00 AM - 8:00 PM
Question: What if I have a sign at my front door - won't that promote a salesperson to use by back door?
Answer: If they do, they can be arrested and their permit suspended/revoked. The City law requires that solicitors use only the primary entrance of a home. They cannot use other entrances. This is to prevent persons from snooping around homes and to protect the privacy of residents.
Question: I want to sell property door-to-door in Fulton. Where do I go to get a permit and how much will it cost?
Answer: Go to the City Clerk at the Municipal Building at 141 South First Street in Fulton. The cost of a permit depends on whether you are seeking a daily, weekly, monthly or annual permit, and, the number of points of sale. Read the fee schedule section to determine what the cost of the permit would be. Section 115-7. Fees.
Question: I want to place door hangers door-to-door in Fulton. Do I need a permit?
Answer: Yes. This is considered a form of solicitation and does require a permit.
Question: If I am soliciting door-to-door under a permit in Fulton, will I be required to show the permit if asked?
Answer: Yes. Solicitors must show their permit upon demand of a person being solicited or by a police or code enforcement officer. Failure to do so can results in charges as well as suspension of the permit.
Question: I sell my own produce at the Farmer's Market in Fulton. Do I need a permit?
Answer: No. Farmers and gardeners selling their own produce are exempt from the peddling and soliciting law, whether at the Farmer's Market or at any other location in Fulton.
Question: Are there any different regulations if I am applying for a permit as an ice cream vendor?
Answer: Yes. The new law includes separate provisions for ice cream and frozen dessert street vendors. Section 115-17. Permitting.
A LOCAL LAW PROVIDING FOR THE AMENDMENT OF CHAPTER 115 OF THE CITY CODE
REGARDING PEDDLING AND SOLICITING.
GENERAL
Section 115-1. Legislative intent.
Section 115-4. Permit requirements and exemptions.
Section 115-5. Permit for sponsoring juvenile peddlers or solicitors.
Section 115-6. Permit application.
Section 115-8. Application review and permit issuance.
Section 115-9. Denial of permit.
Section 115-10. Term of permit
Section 115-11. Copy of permits required for each solicitor.
Section 115-12. Hours of peddling or soliciting.
Section 115-13. Primary entrance.
Section 115-14. Entry upon signed premises unlawful.
Section 115-15. Aggressive peddling or soliciting prohibited.
Section 115-16. Sales on public streets and ways.
SPECIAL PROVISIONS FOR ICE CREAM OR FROZEN DESSERT STREET VENDORS
Section 115-20. Liability insurance.
Section 115-21. Operator's license required.
Section 115-22. Unauthorized passengers.
Section 115-23. Inspection of vehicle.
Section 115-24. Hours of sale.
Section 115-25. Sound devices.
Section 115-26. Parking to dispense products.
Section 115-27. Conformance to vehicle and traffic law.
SUSPENSION, REVOCATION, APPEALS
Section 115-28. Permit suspension or revocation.
Section 115-29. Notice and Hearing.
PENALTY
TIME TO TAKING EFFECT, OTHER
Section 115-32. Administration and enforcement.Section 115-33. Former Chapter repealed.
Section 115-34. Time to taking effect.
Section 115-35. Chief authorized to promulgate rules and regulations.
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BE IT ORDAINED by the Common Council of the City of Fulton, New York:
That Chapter 115 of the City Code of the City of Fulton is hereby amended to read as follows:
Section 115-1. Legislative
intent.
This local
law is intended to regulate peddling and soliciting activities in the
City of Fulton to ensure the public welfare and to protect against criminal
activity, including fraud and burglary; minimize the unwelcome disturbance of
citizens and, the disruption of privacy; and to otherwise preserve the public
health, safety and welfare by regulating, controlling and licensing peddler and
solicitors, including, but not limited to door-to-door peddlers and solicitors
and ice cream or frozen dessert street vendors. This local law also provides a
means for residents to prohibit door-to-door sales and solicitations at their
homes by properly posting a sign indicating that solicitors are prohibited. This
is important for parents who may have children at home and who do not want them
exploited, annoyed or alarmed by strangers.
Section 115-2. Definitions.
As used in this article, the words and phrases herein defined shall have the
following meanings unless the context otherwise requires:
Casual crafters or artists -- Persons making, by their own hand and labor, novelties, trinkets, or jewelry such as may be crafted from wood, stone or metal and other media or, drawings, paintings, and sketches. [Added L.L. 13 of 2002, Sept. 3, 2002]
Chief, or, Chief of Police - Means the Chief of Police of the City of Fulton, or his/her designee.
City - means the City of Fulton.
Clerk, or City Clerk - Means the City Clerk of the City of Fulton, or his/her designee.
Goods -- Means any goods, wares, foodstuffs, merchandise or services
offered for sale, whether or not displayed. This does not include frozen dairy
and non-dairy desserts offered for sale by ice cream or frozen dessert street
vendors.
Ice Cream or Frozen Dessert Street Vendor -- Means a person who travels by
any type of vehicle, whether motorized or not, upon the improved portion of any
street, selling or offering for sale any single-serving frozen dairy or
non-dairy dessert. Frozen dessert shall have the same meaning as specified in
subdivision 37 of Section 375 of the vehicle and traffic law of the State of New
York.
Peddler -- Means any person who goes upon the premises of any private
residence in the city, not having been invited by the occupant thereof, or any
person who goes upon the city streets, sidewalks or other public place, carrying
or transporting goods, wares, merchandise or personal property of any nature and
offering the same for sale.
Peddling -- Includes all activities ordinarily performed by a peddler as
indicated under subsection (f) of Section 115-2, herein.
Point of sale - The actual location of a peddling or soliciting activity, primarily characterized by physical separation from any other peddling or soliciting activity.
Public place(s) - Any highway, street, park, sidewalk, cemetery, playground, parking area, school ground, public beach, skating rink, or any privately owned property that is open to the public or any other place to which the public or a substantial group of persons has access, including, but not limited to, transportation facilities, schools, places of amusement, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence and any other public lands or property owned, operated or controlled by the City of Fulton whether located within or without said City of Fulton, or any other municipality or public agency.
Solicitor -- Means any person who goes upon the premises of any private
residence in the City, not having been invited by the occupant thereof, or any
person who goes upon any city street, sidewalk or other public place, for the
purpose of offering, taking or attempting to take orders for the sale of goods,
merchandise, wares, or other personal property of any nature for future
delivery, or for services to be performed in the future, or for the solicitation
of support or donations where said support or donation is unsolicited by the
person or entity being solicited.
Soliciting -- Includes all activities ordinarily performed by a solicitor as
indicated under subsection (i) of Section 115-2, herein.
Section 115-3. Severability.
The provisions of this Chapter are declared to be severable. If any section,
sentence, clause, or phrase of the Chapter shall for any reason be held to be
invalid or unconstitutional by a court of competent jurisdiction, such decisions
shall not affect the validity of the remaining sections, sentences, clauses, and
phrases of this Chapter, but they shall remain in effect; it being the
legislative intent that this Chapter shall remain in effect notwithstanding the
invalidity of any part.
Section 115-4.
Permit requirements and exemptions.
(a) It shall be unlawful for any person eighteen (18) years of age or older to
engage in peddling or soliciting activities within the City without first
obtaining a permit issued by the City Clerk.
(b) It shall be unlawful for any person to suffer or permit a person less than eighteen (18) years of age to engage in peddling or soliciting activities within the City without first obtaining a permit issued by the City Clerk.
(c) A person representing a business, organization, group or enterprise may apply for such permit on behalf of others who are actually involved in peddling and soliciting activities.
(d) Any person conducting peddling or soliciting activities in the City of Fulton must first have obtained an appropriate permit, whether obtained from a representative of obtained by the peddler/solicitor himself/herself.
(e) This Chapter shall not apply to the sales of property to dealers or wholesalers in the ordinary course of such business, or to drug retail salespersons calling on physicians, pharmacists, veterinarians or hospitals, nor shall this Chapter apply to peddling and soliciting conducted by an existing business or enterprise when such activities are consistent with and in the ordinary course of the primary activities of the business or enterprise and only when such activities are conducted immediately adjacent to the primary business location.
(f) This Chapter shall not apply to persons soliciting signatures upon political petitions when conducted pursuant to New York State Election Law, except that such solicitors must comply with any signs at a residence that indicate that such political solicitations are prohibited.
(g) This Chapter shall not apply to persons soliciting information when such information is pursuant to a legislative mandate such as the census, dog enumerations, and the like. [Second sentence of this subsection deleted, added as new subsection 'H', L.L. 13 of 2002, Sept. 3, 2002]
(h) This Chapter shall not be construed as to require a permit for a charitable or non-profit organization when soliciting for fund-raising activities (i.e. car washes, cookie sales) in public places. [New subsection 'H', formerly second sentence in subsection 'G'; [Added L.L. 13 of 2002, Sept. 3, 2002]
(i) This Chapter shall not be construed as to require a permit for farmers or gardeners who, themselves or through their employees, vend, sell or dispose of the products of farms or gardens owned or occupied by them. [Minor language change; relettered as subsection I, formerly subsection H; by L.L. 13 of 2002, Sept. 3, 2002]
(j) This Chapter shall not be construed as to require a permit for casual crafters or artists who, themselves or through family members, vend, sell or dispose of products made by them provided that such products are not produced by mass production (use of machinery or through the work of multiple persons). [New subsection, L.L. 13 of 2002, Sept. 3, 2002]
Section
115-5. Permit for sponsoring juvenile peddlers or solicitors.
(a) No person under the age of eighteen (18) shall be permitted to engage in
peddling or soliciting activities except as provided in this section.
(b) A permit shall be obtained by a sponsoring person, company or organization
for the conduct of any peddling or soliciting, activities involving, in whole or
in part, of a sales force of one (1) or more persons under eighteen (18) years
of age.
(c) The sponsor shall be responsible for supervising and controlling the conduct
of all persons, including juveniles, peddling or soliciting under the sponsor's
permit.
(d) This section shall not be construed as to require a permit for a charitable or non-profit organization when soliciting for fund-raising activities (i.e. car washes, cookie sales) in public places.
(e) A special application may be made by a school,
group or organization, regularly engaged in fundraising activities throughout
the year for charitable, nonprofit, sports or educational purposes, for an
annual permit. Such permit will be without fee. Each such applicant for a
school, group or organization, upon approval of an annual permit, will be
provided with notice of the provisions of the peddling and soliciting law
concerning the regulations as set forth in Sections 115-12 through 115-16 of
this chapter and shall disseminate such information to persons engaging in
peddling and soliciting under the permit. The City does not endorse the practice
of juveniles soliciting persons unknown to them, nor does the City endorse the
practice of juveniles engaging in peddling/soliciting by themselves. [New
subsection, L.L. 13 of 2002, Sept. 3, 2002]
Section 115-6. Permit application.
A. Every person subject to the provisions of this local law, or an appropriate
representative acting on their behalf, shall file, in person, with the office of
the city clerk an application in writing on a form furnished by that office, at
least three business days in advance of the beginning of soliciting or peddling
activities in the City, which shall provide the following information:
1. Proof of age, address and identification of the applicant, to be provided
through the applicant's driver's license, or other legally recognized form of
identification, along with appropriate identification to include name, address
and date of birth for all persons to be included under the same application and
permit;
2. A brief description of the business or activity to be conducted as well as
the requested location where it will be conducted; [Amended, L.L. 13 of
2002, Sept. 3, 2002]
3. The hours, location and number of points of sale, if applicable, for which
the permit to engage in peddling or soliciting is desired.
4. A listing of all vehicles to be used in the peddling or soliciting activities;
5. Proof of financial security in the amount of $1,000,000, naming the City of Fulton as an additional insured, in the event such peddling or soliciting activities are to be conducted on City of Fulton property, except that this subdivision shall not apply to charitable or nonprofit organizations.
6. If employed, the name, address and telephone number of the employer, or if
acting as an agent, the name, address and telephone number of the principal who
is being represented, with credentials in written form establishing the
relationship and the authority of the employee or agent to act for the employer
or principal as the case may be;
7. A statement as to whether or not the applicant has been convicted of a
felony, misdemeanor or local law violation (other than traffic violations), the
nature of the offense or violation, the penalty or punishment imposed, the date
when and place where such offense occurred, and other pertinent details;
8. New York sales tax number or proof of exemption from the collection of New
York sales tax.
9. Proof of possession of any license or permit which the applicant is required
to have under federal, state, county or local law in order to conduct the
proposed business.
10. An acknowledgment of the applicant's familiarity with the New York State
Personal Property Law, including Article 10-A, known as the Door-to-Door Sales
Protection Act including the buyer’s right to cancel a door-to-door sale until
midnight of the third business day, after the day on which the buyer has signed
an agreement or offer to purchase relating to such sale.
11. If any individual product or service is to be offered for sale at a price in
excess of $25.00, a copy of the receipt or contract to be used by the applicant
in any door-to-door sale.
12. An acknowledgment that the applicant is aware of and understands regulations
set forth in this Chapter and when peddling or soliciting is prohibited.
B. In the event an application is made less than three days in advance of the
beginning of peddling or soliciting activities in the City, the permit fee will
be double the normal fee.
Section 115-7. Fees.
At the time the permit application is filed with the office of the City Clerk,
the applicant shall pay a fee as set forth in Chapter A181 of this Code. (underlined
portion below to be inserted in Chapter A181, Fees, to replace the existing
peddling and soliciting fee schedule.)
CHARITABLE OR NOT-FOR-PROFIT GROUP ENGAGED IN CHARITABLE OR NOT-FOR-PROFIT PEDDLING OR SOLICITING ACTIVITY: Exempt from fee upon submission of proof satisfactory to the City that such group is a charitable or not-for-profit organization.
PEDDLING OR SOLICITING - SCHOOL/COLLEGE ACTIVITY, OUT-OF-CITY: Requires a $25 permit fee, plus $10 per person unless the peddler/solicitor is the same person as the applicant. This permit is valid for a one month period only.
SOLICITING BY DOOR HANGERS ONLY: Requires a $10 permit fee regardless of the number of solicitors. PERMIT FEE REGARDLESS OF NUMBER OF SOLICITORS. This permit is valid for a one month period only.
ICE CREAM OR FROZEN DESSERT VENDORS: Requires a permit fee as follows: DAILY RATE: $25 plus an additional fifty per cent (50%) of said fee for each additional point of sale. WEEKLY RATE: $50 plus an additional fifty per cent (50%) of said fee for each additional point of sale. MONTHLY RATE: $100 plus an additional fifty per cent (50%) of said fee for each additional point of sale. ANNUAL RATE: $750 plus an additional fifty per cent (50%) of said fee for each additional point of sale.
SOLICITOR OR PEDDLER PERMIT - DAILY RATE: $25 plus an additional fifty per cent (50%) of said fee for each additional point of sale.
SOLICITOR OR PEDDLER PERMIT - WEEKLY RATE: $50 plus an additional fifty per cent (50%) of said fee for each additional point of sale.
SOLICITOR OR PEDDLER PERMIT - MONTHLY RATE: $100 plus an additional fifty per cent (50%) of said fee for each additional point of sale.
SOLICITOR OR PEDDLER PERMIT - ANNUAL RATE: $750 plus an additional fifty per cent (50%) of said fee for each additional point of sale.
VETERAN FEE EXEMPTION: Consistent with Section 32 of the general business law of the State of New York, honorably discharged veterans and their surviving spouses residing in Oswego County are exempt from any permit fees under this Chapter for permits for their own personal use. All other provisions of this Chapter shall apply to such veteran's and their surviving spouses and any transfer or assignment of such permits is prohibited.
In the event an application is made less than three days in advance of the
beginning of peddling or soliciting activities in the City, the permit fee will
be double the normal fee. In the event a no-fee permit application is submitted
less than three days in advance of the beginning of peddling or soliciting
activities, the City reserves the right to delay the issuance or denial of such
permit for three business days.
Section 115-8.
Application review and permit issuance.
Upon receipt of an application, the City Clerk, or the City Clerk's authorized
representative, shall review the application and forward same to the Chief of
Police and Mayor. The application will be reviewed so as to ensure the
protection of the public health, safety and general welfare of the public. If
the application is found to be satisfactory by the Chief of Police and Mayor,
the City Clerk shall, ensuring receipt of the permit fee, issue the permit to
the applicant.
A permit issued pursuant to this Chapter is not transferable to any other
person or entity. Further, any permit that is specifically issued to a
particular vehicle, pushcart or other unit, is not transferable to any other
vehicle, pushcart or other unit.
Section 115-9. Denial of permit.
Upon review of the application, the City Clerk may refuse to issue a permit to
the applicant for either of the following reasons:
(1) If the application is incomplete; or
(2) If the information provides a reasonable basis for determining that the
public health, safety, and welfare will be threatened by issuance of a permit to
the applicant.
(3) If there are misrepresentations in the application, or if any fraud or deceit is identified within the application, or if fraud or deception has been identified in the practices of the applicant, organization or agent thereof.
(4) Failure to comply with any law concerning soliciting, peddling or consumer sales, including, but not limited to Section 349 of the general business law of the State of New York.
(5) Sale or offering for sale of illegal merchandise.
(6) Employment of a felon or wanted person.
Section 115-10. Term of permit.
Any annual permit issued pursuant to this article shall be for a term of one
year from date of issuance. If suspended and/or revoked, the fee for the unused
portion of the license fee will be refunded on a pro rata basis.
Section
115-11. Copy of permits required for each solicitor.
At the same time the permit is issued, the City Clerk shall issue to each
permittee a copy of the permit or other indicia as may be determined and
provided by the Chief of Police, which shall be carried by the permittee and
produced upon demand of any buyer, prospective buyer, or any police officer,
code enforcement officer or other public servant of the City of Fulton at all
times while the permittee is soliciting or peddling in the City.
Section 115-12. Hours
of peddling or soliciting.
A. Unless authorized under the provisions in subsection B of this section, no
person shall engage in either peddling or soliciting between the hours of 8:00
p.m. and 9:00 a.m. [Designated as subsection A and amended, L.L. 13 of 2002,
Sept. 3, 2002]
B. Persons conducting peddling or soliciting in public places, as defined in this chapter, may be authorized to conduct such activities within time periods as determined by the Chief. Such time periods are to be determined after giving due consideration to the nature of the peddling or soliciting activity, the location of such activity, and the effect of such activities on the peace, order and general welfare of the City. [New, L.L. 13 of 2002, Sept. 3, 2002]
Section 115-13. Primary entrance.
It shall be unlawful for any person while either peddling or soliciting to
knock, ring the door bell, or otherwise attempt to gain the attention of the
occupant(s) of the residence other than at the primary entrance to the
residence.
Section 115-14.
Entry upon signed premises unlawful.
It shall be unlawful for any person while either peddling or soliciting to
knock, ring the doorbell, or otherwise attempt to gain the attention of the
occupant(s) of a residence in the city where the owner, occupant, or person
legally in charge of the premises has posted at the primary entrance to the
premises, or at the entry to the principal building on the premises, a sign
bearing the words "No Peddlers," "No Solicitors," or words
of similar import.
Section
115-15. Aggressive peddling or soliciting prohibited.
It shall be unlawful for any person to engage in peddling or soliciting in an
aggressive manner. As used in this section, "aggressive manner" means
either approaching a person present at the residence or continuing the peddling
or soliciting activity after the person has made a negative response, whether
before or after being invited into the residence, in a manner that
(a) is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in a person's possession or in or about the residence, or
(b) is intended to or is, likely to intimidate the person into responding affirmatively to the peddling or soliciting activity, or
(c) to refuse to display a permit to the person being solicited, or
(d) to refuse to leave premises upon being told to do so by the owner, tenant, occupant or person in control of the property, or
(e) in violation of a sign properly posted on said property that prohibits solicitations.
Aggressive peddling or soliciting is punishable as a misdemeanor and upon
conviction thereof shall be subject to a fine of at least $250 and not to exceed
$1000, or imprisonment of not more than 90 days or both such fine and
imprisonment.
Section 115-16.
Sales on public streets and ways.
It shall be unlawful for any person to engage in peddling or soliciting
activities from any vehicle, push cart, stand or temporary stand, device,
trailer or other conveyance while upon the improved portion of any street,
avenue, boulevard or alley within the city. This section shall not apply to the
following:
(a) The delivery of previously ordered merchandise.
(b) The sale of ice cream or frozen dessert from vehicles regulated under
Sections 115-17 to 117-27 of this Chapter.
(c) The sale of food and/or beverages from vehicles when permitted under this
Chapter and other applicable laws and regulations.
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SPECIAL CONDITIONS FOR ICE CREAM OR FROZEN DESSERT STREET VENDORS
(Sections 115-17 through 115-27)
Section
115-17. Permitting.
It is unlawful for any person to act as an ice cream or frozen dessert street
vendor as defined by Section 115-2, without first having obtained a permit as
provided by this Division.
Section 115-18. Application.
Before the City shall issue any permit required by this Division, the proposed
licensee must complete an application supplied by the City Clerk.
Section 115-19. Permit fee.
The permit fee, as set forth in Chapter A181, shall be paid at the time the
application is submitted to the City Clerk's Office. The fee shall be refunded
if no permit is issued.
Section 115-20. Liability
insurance.
There shall be filed with the City Clerk a certificate of insurance covering all
motor vehicles operated under this section in such form as the City Clerk may
deem proper, issued by an insurance company approved by the State Insurance
Commissioner and authorized to do business in the state, insuring the public
against injury, loss or damage resulting to persons or property from the use,
maintenance and operation of any vehicle operated under this Division for which
such permit is granted, in an amount as set forth by New York State vehicle and
traffic law or applicable regulations and consistent with the design and use of
such vehicle.
Section 115-21.
Operator's license required.
No person shall operate any vehicle under this Division unless the person is the
holder of a valid driver license.
Section 115-22. Unauthorized
passengers.
No person, other than the authorized operator of a vehicle and other persons
expressly authorized by the owner or lessee of a vehicle, shall be in or upon
said vehicle.
Section 115-23. Inspection of
vehicle.
Each vehicle used in the operation of an ice cream or frozen dessert street
vendor shall be required to pass an annual inspection by the appropriate state
or local health agency before a permit may be issued or renewed.
Section 115-24. Hours of sale.
A. Unless authorized under the provisions in subdivision B of this section, it is unlawful to operate a vehicle in the business of an ice cream or frozen dessert street vendor between 8:30 p.m. of each day and continuing until 10:00 a.m. the following day. [Designated as subsection A and amended, L.L. 13 of 2002, Sept. 3, 2002]
B. Ice cream or frozen dessert street vendors, as
defined in this chapter, may be authorized to conduct such activities within
time periods as determined by the Chief. Such time periods are to be determined
after giving due consideration to the nature of the peddling or soliciting
activity, the location of such activity, and the effect of such activities on
the peace, order and general welfare of the City.
Section 115-25. Sound devices.
No sound device or bell shall be allowed or used by any such vehicle except that
amplified music or chimes are allowed provided that such are not audible any
distance greater than three hundred feet (300) and that they be turned off when
the vehicle is stationary for the purpose of making sales or otherwise. The use
of amplified music or chimes is prohibited before 10:00 a.m. and after 8:30 p.m.
of each day.
Section 115-26. Parking
to dispense products.
It is unlawful for an operator to stop, stand or park such vehicle in any
street, alley, avenue, boulevard or sidewalk or other public right-of-way for
the purpose of dispensing its products to customers, so as to obstruct the free
flow of traffic in the street, except that an operator may stop, stand or park
such vehicle, consistent with posted law, rules and regulations, with its right
wheels next to the curb, but that no vehicle will remain standing in any one
location for a period exceeding ten (10) minutes.
Section
115-27. Conformance to vehicle and traffic law.
Operators must conform to Section 1225-b of the New York State vehicle and
traffic law, and all other applicable provisions of New York State law and the
City Code of the City of Fulton. Violations of the provisions of said laws may
be grounds for the suspension and revocation of a permit issued pursuant to this
Division.
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SUSPENSION, REVOCATION, APPEALS
Section
115-28. Permit suspension or revocation.
Any permit issued under this Chapter may be revoked or suspended by the Chief of
Police, after notice and hearing, for any of the following reasons:
(1) Fraud, misrepresentation or false statement contained in the application for
a permit;
(2) Fraud, misrepresentation or false statement made by the permittee in the
course of peddling or soliciting;
(3) Peddling or soliciting in violation of this Chapter or contrary to the
provisions contained in the permit;
(4) Conviction for any crime involving moral turpitude; or
(5) Peddling or soliciting in such a manner as to create a public nuisance, a
breach of the peace, endanger the health, safety or general welfare of the
public, or otherwise in violation of local, state or federal law.
(6) In the case of an ice cream or frozen dessert vendor, a license may also be suspended or revoked for a violation of any of the provisions of Sections 115-17 through 115-27 of this Chapter.
(7) The Chief of Police may immediately suspend any permit, pending the
suspension or revocation hearing, if the public health, safety, or welfare is
deemed by him/her to be best served by such a temporary suspension.
Section 115-29. Notice and
Hearing.
Notice of a hearing for suspension or revocation of a permit issued pursuant to
this Chapter shall be provided in writing and shall set forth specifically the
grounds for the proposed suspension or revocation and the time and place of the
hearing. Notice shall be mailed, postage prepaid, via first class mail, to the
permittee or licensee at the last known address of the permittee or licensee.
Section 115-30. Appeals.
(a) Any person aggrieved by the decision of the City Clerk to deny a permit
applied for under this article shall have the right to appeal the decision to
the Chief of Police within ten (10) days after the notice of the decision has
been mailed to the person.
(b) Any person aggrieved by the action or decision of the Chief of Police to
deny, suspend or revoke a permit applied for under this article shall have the
right to appeal such action or decision to the Common Council within (10) days
after the notice of the action or decision has been mailed to the person.
(c) An appeal to either the Chief of Police or Common Council shall be taken by
filing with the City Clerk a written statement setting forth the grounds for the
appeal.
(d) A hearing shall be set not later than ten (10) working days from the date of
receipt of the appellant's written statement.
(e) Notice of the time and place of the hearing shall be given to the appellant
in the same manner as provided for the mailing of notice of action or decision.
(f) The decision of the Common Council on the appeal shall be final and binding
on all parties concerned.
PENALTY
Section
115-31. Penalty.
Unless otherwise stated, any person violating any of the provisions of this
Chapter is guilty of a violation and upon conviction thereof shall be subject to
a fine of at least $50 and not to exceed $250, or imprisonment of not more than
15 days or both such fine and imprisonment, and any such license issued pursuant
to this Chapter shall be deemed to be revoked for cause. A second offense by
person under this Chapter shall constitute a misdemeanor and upon conviction
thereof shall be subject to a fine of at least $250 and not to exceed $1000, or
imprisonment of not more than 90 days or both such fine and imprisonment.
OTHER
Section 115-32. Administration and enforcement.
The City Clerk will administer the application and permit issuance function as designated herein.
The Chief will promulgate the forms and applications to be used to carry out the permit processes herein.
Prior to the issuance of any permit, the City Clerk will forward such applications to the Mayor and Chief for review and approval.
The police department will bear primary responsibility for enforcement of violations of this Chapter pertaining to aggressive peddling, violations of the terms and conditions of any permit and for violations by door-to-door solicitors and peddlers.
The bureau of code enforcement will bear primary responsibility for identifying violations of the permit requirement as well as for violations of the terms and conditions of any permit issued pursuant to this Chapter pertaining to sales in public places and during public events and will conduct inquiries and inspections in order to determine compliance with the requirements of this section.
Section 115-33. Former Chapter repealed.
The existing Chapter 115 is hereby repealed. Additionally, that portion of Chapter A181, entitled Fees, is amended to replace the existing peddling and soliciting fee schedule with the new peddling and soliciting fee schedules annexed hereto.
Section 115-34. Time to taking
effect.
This local law shall take effect and be in force from and after its adoption by
the Common Council and filing with the Secretary of State and publication once
in the official city newspaper.
Section 115-35. Chief authorized to promulgate rules and regulations.
Subject to and in conformity with the provisions set forth herein, the Chief of Police may enact, amend and repeal rules and regulations in order to properly carry out the provisions of this Chapter.
CITY OF FULTON ORDINANCE (CHAPTER 117)
PLAY VEHICLES, GUIDELINES FOR USE OF
SYNOPSIS: REGULATIONS AND PROHIBITIONS FOR USE OF SKATEBOARDS AND IN-LINE SKATES
§1: Definitions.
For the purposes of this chapter a "play vehicle" is any one of the following things or devices:
a. In-line skates, which are shoes, skates or footwear with a single row of roller wheels.
b. Roller skates, which are shoes, skates or footwear with two or more rows of roller wheels.
c. Skateboard, which is a narrow board of wood, plastic, fiberglass or similar material, with roller skate or other type of wheels attached to each end and used for gliding on any hard surfaces, without a mechanism or other device for steering while being used, operated or ridden.
§2: Unlawful activities.
No person shall use or operate a play vehicle upon any public streets (including the entire paved and improved surfaces thereof, including the gutter areas, from curb-to-curb, where curbs exist), sidewalks or on any lands within the City of Fulton:
a. In a careless manner without due caution and circumspection;
b. While endangering, or in any manner to create a risk or danger to, any person or property;
c. In any manner to impede or interfere with pedestrian or vehicular traffic;
d. In any area designated as prohibited by §117-3; [amended 4/6/99]
e. On any sidewalk, street, or lands which because of their condition or maintenance are not safe and suitable for such activity.
f. On any private property without permission of the property owner. [new, 4/6/99]
§3: Prohibited areas.
The use or operation of play vehicles in the following areas are hereby prohibited:
a. The area bounded by Oneida Street on the north, South Second Street on the east, Academy Street on the south and the Oswego River on the west. [new, 4/6/99]
§4 [renumbered]: Precautions.
a. Every person operating a play vehicle shall operate the same in strict observance of Article 34 of the New York State Vehicle and Traffic Law relating to the operation of bicycles and play vehicles, except as to those provisions which by their nature can have no application.
b. The operator of a play vehicle emerging from an alley, driveway, or building shall, upon approaching a sidewalk, yield the right of way to all pedestrians approaching said walk.
c. Whenever any person shall operate a play vehicle upon a sidewalk, such person shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.
d. Whenever any person shall operate a play vehicle upon any public street (including the entire paved and improved surfaces thereof, including the gutter areas, from curb-to-curb, where curbs exist), such person shall yield the right of way to any motor vehicle.
e. No person shall operate a play vehicle in the nighttime unless he or she is wearing reflective clothing, which shall be visible from a distance of not less than fifty (50) feet, and not less than three hundred (300) feet when directly in front of the lawful beams of headlights on a motor vehicle. "Reflective clothing" shall be defined, for the purposes of this chapter, as any shirt, vest or jacket or any other readily visible piece of apparel equipped with a reflective surface.
§5 [renumbered]: Penalties for offenses; impounding of play vehicle.
Any person violating any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine not to exceed twenty-five dollars ($25) for the first offense and not more than fifty dollars ($50) for each offense thereafter. The police are authorized to impound any play vehicle until the parent or guardian responsible for any minor under the age of sixteen (16) using a play vehicle in violation of this chapter appears at the police department with the minor.
CITY OF FULTON ORDINANCE (CHAPTER 37)
SYNOPSIS: OPEN CONTAINER PROHIBITION AND WAIVER PROCEDURES
Excerpted - Refer to Chapter 37 of the City Code for the complete text of this Article.
§37-3 Definitions.
For the purposes of this Article, the following terms have the following meanings:
Alcoholic beverage: Any beer, wine, liquor and any other alcoholic beverage as more specifically defined by the New York State Alcoholic Beverage Control Law. [editorial notation: ABC Law: §3. Definitions.
1. "Alcoholic beverage" or "beverage" mean and include alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, and any warehouse receipt, certificate, contract or other document pertaining thereto; except that confectionery containing alcohol as provided by subdivision twelve of section two hundred of the agriculture and markets law shall not be regarded as an "alcoholic beverage" or "beverage" within the meaning of this section.]Container: Any bottle, can, glass or other receptacle suitable or used to hold any liquid.
Open: Unsealed, accessible to or for direct consumption, including but not limited to pop-top cans, uncorked bottles or liquor bottles with broken seals.
Parks: Areas designated by the City of Fulton and owned, operated and/or controlled by said city, whether within or without said city, which have been set aside by said city for recreational purposes of any kind by the inhabitants of said city.
Public lands: Any highway, street, park, sidewalk, cemetery, playground, parking area, school ground, public beach, skating rink and any other public lands or property owned, operated or controlled by the City of Fulton, whether located within or without said City of Fulton, or any other municipality or public agency, or other public place as defined by §240.00 of the penal law of the State of New York.
§37-4 Possession and consumption restrictions.
A. No persons possessing open containers of alcoholic beverages with the intent to consume the same shall be permitted at any time in or on any bathing beaches, swimming pools, skating rinks, the Municipal Building or the War Memorial Building in the City of Fulton. The provisions of this Article shall apply only to the following areas hereinafter delineated:
1. Skating rinks: the actual skating surface itself and adjacent walk-around and spectator areas.
2. War Memorial Building: the area itself upon which sports are played or engaged in, and the adjacent spectator seats and the adjacent walk-around area.
3. Swimming pools: the fenced in areas, including the pool itself and adjacent areas inside said fence.
B. Persons possessing open containers of alcoholic beverages with the intent to consume the same or actual consumption of alcoholic beverages shall be prohibited in the following areas:
1. The Great Bear Farm site situated on County Route 57 in the Town of Volney, County of Oswego, New York.
C. Parks. Possession of open alcoholic containers with the intent to consume the same and the actual consumption of alcoholic beverages shall be prohibited in all parks. [Amended March 5, 1991, June 16, 1992]
D. Reserved.
E. Any person who drinks or otherwise consumes alcoholic beverages or has in his or her possession or carries or transports any open bottle or open container containing alcoholic beverages with the intent to consume the same, while such person is in or upon any public sidewalk, street, highway, parking lot or other such public lands, shall be guilty of a violation of this Article.
F. Possession or consumption of alcoholic beverages by anyone in a public place who is under the age which would entitle him or her to purchase alcoholic beverages under the laws of the State of New York, in said City of Fulton or in other premises owned or operated by the City of Fulton shall be prohibited.
G. The above-prohibited conduct shall not apply to any individual or members of an organization which secures a permit to distribute or consume alcoholic beverage sin accordance with the procedure hereinafter set forth.
-240H. In shall be a rebuttable presumption that any individual who has in his or her possession an unsealed container containing an alcoholic beverage, in or upon any public sidewalk, street, highway, parking lot or other such public lands, intends to consume the same upon said public lands.
I. It shall be an affirmative defense to the provisions of this Article that possession of an open empty alcoholic beverage container is for the sole purpose of disposing of or returning containers pursuant to the provisions of the New York State Deposit Law.
J. Reserved
§37-5 Permits.
A. Permit required. If any individual or organization desires to have, distribute or consume alcoholic beverages on public property, as above described, in the City of Fulton, said individual or organization must:
1. Apply for and secure from the City Clerk of the City of Fulton or his designee, with the approval of the Chief of Police or his designee, a permit to authorize the possession and consumption of alcoholic beverages at a specific time and place, and submit with said application a copy of any licenses or other authorization required from the New York State Liquor Authority. The permit must be approved and signed by the Mayor of the City of Fulton or his designee.
2. Agree in writing to assume full responsibility for supervising the conduct of the group of individuals benefiting from such permit and to properly clean up the premises after use and to take all necessary precautions to ensure that minors will not be served alcoholic beverages during the period of the permit.
B. Such permit and application shall be on such forms as are designated by the City Clerk of the City of Fulton.
C. The permit shall be revocable by the Chief of Police or his designee if the conduct of the function for which the permit has been issued creates a beach of the peace, constitutes a public nuisance or endangers the attendees thereof.
D. Nothing in this Article shall be construed to apply to the possession or consumption of alcoholic beverages used within the conducting of a religious service, including but not limited to sacraments or other such similar religious observances
§37-6 Penalties for offenses.
The violation of any of the provisions of this Article shall constitute a violation and shall be punishable by a maximum fine of two hundred fifty dollars ($250.) and/or imprisonment for a maximum of fifteen (15) days, and each day any violation shall continue shall constitute a separate violation.
Excerpted - Refer to Chapter 37 of the City Code
for the complete text of this ArticleCITY OF FULTON LAW
MOTORIZED RECREATIONAL VEHICLES (INCLUDES SNOWMOBILES)
SYNOPSIS: SNOWMOBILES PROHIBITED ON CITY OF FULTON STREETS, PROPERTY, ETC.
On May 15, 2001, the City adopted a new law to prohibit recreational vehicles, including three-wheelers, four-wheelers, mini-bikes, motorcycles, go-carts, snowmobiles and all other similar devices on City property. This new law will help police to address the increasing problem of snowmobile traffic within the City during the winter months. Additionally, the prohibition will help to reduce the damage to City parks caused by snowmobiles traveling on an inadequate snow base. Police have noted that in recent years, increasing numbers of complaints were received of reckless operation of snowmobiles in all areas of the City. Under the previous law, snowmobiles had been permitted in two city parks, however, it was rare that the snowmobiles were brought in via trailer and thus, almost all operators violated City law by traveling to/from those parks. Snowmobiles on railroad tracks and railroad right of way were also noted as a problem. With the new law in place, police expect to undertake aggressive enforcement on violations this winter. Violations of the law are punishable with a fine of up to $250 and/or 15 days in jail. Owners and persons in possession and control of these recreational vehicles can be charged under this section.
NEW YORK STATE VEHICLE & TRAFFIC LAW
OPERATION OF WIRELESS TELEPHONES IN MOTOR VEHICLES
SYNOPSIS: DRIVES CANNOT USE CELL PHONES EXCEPT IN CERTAIN CIRCUMSTANCES
On December 1, 2001, motorists using a wireless telephone while driving in a moving vehicle will become a traffic offense. Between November 1-30, police have been empowered to warn violators, but no tickets will be issued during that period. If a driver is observed to be holding a wireless telephone to his/her ear or near his/her ear, the law presumes that they are engaged in a call. "Hands-free" telephones are exempt from the law, but pay particular attention to what the definition of a "hands-free" device is, below.
A "hands-free" telephone is one that allows the driver to talk and listen without having to use either hand. This does not mean that the phone must be turned on or off without the use of the driver's hands in order to be "hands-free".
Simply stated, the new law says: "...no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion."
There is an emergency exception to the law. A motorist may use a wireless telephone to report an emergency to a 911, police, fire or EMS operator, or to a hospital, doctor or health clinic.
Fines for violations can be up to $100.
NEW YORK STATE LAW
HELMET REQUIREMENTS FOR BICYCLISTS
SYNOPSIS: HELMETS REQUIRED FOR BICYCLISTS UP TO AGE 14
New York State Vehicle and Traffic Law:
(a) No person operating a bicycle shall allow a person five or more years of age
and less than fourteen years of age to ride as a passenger on a bicycle unless
such passenger is wearing a helmet meeting [the] standards [of the American
National Standards Institute (Ansi Z 90.4 bicycle helmet standards) or the Snell
Memorial Foundation's Standards for Protective Headgear for use in Bicycling]
established by the commissioner.
(b) No person, one or more years of age and less than fourteen years of age,
shall operate a bicycle unless such person is wearing a helmet meeting [the]
standards [of the American National Standards Institute (Ansi Z 90.4 bicycle
helmet standards) or the Snell Memorial Foundation's Standards for Protective
Headgear for use in Bicycling] established by the commissioner.
(c) For the purposes of this subdivision wearing a helmet means having a helmet
of good fit fastened securely upon the head with the helmet straps.
CITY OF FULTON ORDINANCE (CHAPTER 171)
SYNOPSIS: WATERCRAFT CANNOT CREATE DAMAGING WAKE ON OSWEGO RIVER
On June 19, 2001, the City of Fulton adopted a new local law concerning boat traffic on the Oswego river. The local law addresses problems caused by wakes and is as follows:
Section 171-1 Legislative Findings and Enabling Legislation
A. The Council hereby recognizes and finds that the boat traffic on the Oswego River within the city creates problems, including bank erosion, which have significant effects on property along the river. The Council further finds that this legislation will promote the safety of the people of this City and will be in the best interests of this City.
B. This legislation is authorized by Section 46 of the New York State Navigation Law.
Section 171-2 Vessel Regulation Zone
There is hereby established a vessel regulation zone on the Oswego River within the corporate limits of this City. Said zone shall extend one thousand (1,000) feet from both the east and west shore lines measured from the low water mark. Vessels traveling within or through said zone shall leave no damaging wake.
Section 171-3 Penalties
In accordance with New York State Navigation Law Section 73-b, a violation of Section 171-2 of this Code shall be a misdemeanor and every person convicted thereof shall for a first conviction thereof be punished by a fine of not less than one hundred nor more than two hundred fifty dollars or by a period of imprisonment of not more than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of twenty-four months, such person shall be punished by a fine of not less than two hundred nor more than three hundred fifty dollars or by a period of imprisonment of not more than forty-five days or by both such fine and imprisonment; upon conviction of a third or subsequent violation, all of which were committed within a period of twenty-four months, such person shall be punished by a fine of not less than five hundred nor more than seven hundred fifty dollars or by a period of imprisonment of not more than ninety days or by both such fine and imprisonment.
Local Law no. 7 of 2001 - City Code, City of Fulton
CITY OF FULTON LAW
MOTORIZED VEHICLE PROHIBITION ON NATURE TRAIL (INCLUDES SNOWMOBILES)
SYNOPSIS: MOTORIZED VEHICLES PROHIBITED FORM NORTH BAY NATURE TRAIL
On May 15, 2001, the Fulton Common Council passed a new law which prohibits the operation of motorized vehicles, including ATVs, motorbikes, motorcycles, and snowmobiles, on the North Bay Nature Trail. Violations are punishable by a fine of up to $250 and/or imprisonment of up to 15 days.
CITY OF FULTON ORDINANCE
SYNOPSIS: GENERAL RESTRICTIONS CONCERNING DOGS, CATS AND OTHER PETS
On May 15, 2001, the Fulton Common Council amended the local law concerning dogs. The amendment addresses situations involving dogs defecating on certain public and private property. The amendment clarifies that there is no violation if the owner or person having custody and control of a dog, removes the defecation immediately. The remainder of the law remains unchanged.
It is unlawful to allow dogs, cats and other pets:
Animals that are in violation of the City law are subject to impoundment. Owners are responsible for impoundment and redemption fees. Fines range from $25-100 for each offense.
Excerpted - Refer to Chapter 57 of the
City Code for the complete text
of this Article.
§57-1 Title. The title of this chapter shall be the
"Dog Control Ordinance of the City of Fulton." §57-4 Definitions. As used in this chapter, the following
words shall have the following meanings: CONFINED - That such animal is securely
confined or restrained or kept on the owner’s premises,
either within a building, kennel or other suitable enclosure
or securely fastened on a chain, wire or other effective
tether of such length and so arranged that the animal cannot
reach or endanger any person or any adjacent premises or on
any public street, way or place, or if the animal is being
transported by the owner, that it is securely confined in a
crate or other container, or so restrained in a vehicle that
it cannot be expected to escape therefrom. DOG - male and female, licensed and
unlicensed members of the species Canis familaris. OWNER - The part purchasing the license,
unless the dog is or has been lost and such loss has been
reported to the Dog Control Officer and reasonable search has
been made. If an animal is not licensed, the term
"owner" shall designate and cover any person or
persons, firm, association or corporation who or which at any
time owns or has custody and control of, harbors or is
otherwise responsible for any animal which is kept, brought or
comes within the city. Any person owning or harboring a dog
for any period of time prior to the filing of a complaint
charging a violation of this chapter shall be held and deemed
the "owner" of such dog for the purpose of this
chapter. In the event that the "owner" of any dog
found to be in violation of this chapter is a minor, the head
of the household in which said minor resides shall be deemed
to have custody and control of said dog and shall be
responsible for any acts of said dog in violation of this
chapter. RUN AT LARGE - To be in a public place or
on private lands with the knowledge, consent and approval of
the owner of such lands. §57-5 Restrictions. A. It shall be unlawful for any owner of
any dog in the City of Fulton to permit or allow such dog to: 1. Run at large unless the dog is
restrained by an adequate leash. 2. Engage in habitual loud howling,
barking, crying or whining or conduct itself in such a manner
as to unreasonably and habitually disturb the comfort and
repose of any person other than the owner of such dog. 3. Uproot, dig or otherwise damage any
vegetables, lawns, flowers, garden beds or other property not
belonging to the owner or person harboring such dog. 4. Chase, jump upon or at or otherwise
harass or annoy any person in such a manner as to reasonably
cause intimidation or fear or to put such person in reasonable
apprehension of bodily harm or injury. 5. Habitually chase, run alongside of or
bark at motor vehicles while on a public street or highway or
upon public or private property other than the property of the
owner or harborer of said dog. 6. An
owner of any dog shall not permit said dog to defecate on any school ground,
public street, alley, sidewalk, tree bank, park or any other public grounds or
any private property within the city, other than the premises of the owner of
said dog, unless said defecation is removed immediately.
7. Perform any excretory functions upon any
lands or property within the city, whether public or private,
which shall create odors offensive to others, whether or not
restrained or controlled by a chain or leash by the owner. B. Every female dog in heat shall be
confined in a building or secure enclosure in such a manner
that such female dog cannot come into contact with other
animals except for planned breeding. C. No owner or harborer shall fail to
provide his dog with sufficient good and wholesome food and
water, proper shelter and protection from the weather,
veterinary care when needed to prevent suffering and with
humane care and treatment. D. Any unspayed female dog in heat or dog
of vicious or dangerous propensities found off the premises of
the owner of harborer of the dog may be taken and impounded by
the Dog Control Officer, any peace officer or other interested
party, and if same cannot be so safely taken, any Dog Control
Officer or peace officer may kill the same. E. Dangerous dogs may be dealt with
pursuant to the provisions of §121 of the Agriculture and
Markets Law and any amendments and additions and substitutions
thereto. F. It shall be unlawful for any owner to
abandon a dog in the City of Fulton, and for the purposes of
this section "abandonment" shall mean leaving a dog
unattended without sufficient food, water, shelter or an
opportunity to exercise its normal body functions for a period
of more than 24 consecutive hours. §57-9 Penalties for offenses. Violations shall be dealt with pursuant
to the provisions of §119 of Article 7 of the Agriculture and
Markets Law, effective January 1, 1980, and amendments,
additions and substitutions thereto. For any violations of
this chapter that penalties are not provided for in the
Agriculture and Markets law, the following penalties shall be
imposed: A. For the first offense: a fine up to $25. B. For the second offense: a fine up to
$50. C. For the third and subsequent offenses: a
fine up to $100 for each offense. Excerpted - Refer to Chapter 57 of the City Code
NEW YORK STATE LAW
SYNOPSIS: PROHIBITS UNREASONABLE NOISE, ETC. IN PUBLIC PLACES
§240.20. Disorderly conduct.
A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
1. He engages in fighting or in violent, tumultuous or threatening behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
Disorderly conduct is a violation.
CITY OF FULTON LAW
SYNOPSIS: PROHIBITS DEBRIS AND OTHER UNSAFE SUBSTANCES ON CITY OF FULTON STREETS, PROPERTY, ETC.
A. No person shall scatter, deposit, place, push or leave on any street of this city, any thing or substance which might tend to make the surface of the street unsafe for vehicular traffic or which might cause damage to other city property; said thing or substance can include, but is not. limited to, mud, debris, snow, or ice. if any such mud, debris, snow, ice, thing or substance shall be scattered, deposited, placed or left in any street of this city, it shall be the duty, of the driver and/or owner of the vehicle or any other person depositing, scattering, placing, pushing or leaving such mud, debris, snow, ice, thing or substance to forthwith completely, remove the same from the street or pavement.
B. Facilitating Unsafe Substances - no person or entity shall establish, maintain or carry on, upon or near a City street or other route of public travel, either on the land or water, any business, trade or manufacture which facilitates a violation of §147-11(A) of this Chapter.
CITY OF FULTON ORDINANCE (CHAPTER 63)
SYNOPSIS: GENERALLY PROVIDES FOR COURT ORDER TO STOP AND/OR CLOSE NUISANCE PROPERTIES WHERE THERE ARE 3 OR MORE CONVICTIONS IN 2 YEARS
Summary:
On November 17, 1998, the City of Fulton Common Council passed a local law which gives the City the authority to close premises which are a public nuisance.
The law sets forth designated nuisance offenses which include several criminal offenses as well as some alcohol offenses.
Generally, three convictions of nuisance offenses are required before the City can proceed with an action to close the premises. The Chief of Police is the administrator for nuisance abatement actions and any referrals should be directed to the Chief.
WHEREAS, this Common Council has become aware of the growing problem of Criminal Conduct and related
activities in various neighborhoods in the City of Fulton; and WHEREAS, Criminal
Conduct and related activity is resulting in the deterioration of neighborhoods and
is endangering the health, safety and welfare of the people of the City of Fulton;
and WHEREAS, this Common Council desires that the Fulton Police Department utilize a
multi-agency approach consisting of the various social, health and human service
agencies to prevent deterioration of neighborhoods; and WHEREAS, this Council is
desirous of having the City of Fulton pursue any and all remedies provided the City,
including but not limited to laws allowing forfeiture of property involved in drug
sales and related activities; NOW, THEREFORE, BE IT ORDAINED, that Chapter 105 of
the Code of the City of Fulton is hereby created to read as follows:
NUISANCE ABATEMENT ORDINANCE
Declaration of legislative findings. The Common Council finds that public nuisances exist in the City of Fulton in the operation of certain establishments and the use of property in flagrant violation of the penal laws of this State and related statutes, all of which substantially and seriously interfere with the interests of the public in the quality of life and total community environment, commerce in the city, property values and the public health, safety and welfare.
The Common Council further finds that many landlords do not adequately screen their tenants and some in fact feel that a bad tenant is better than no tenant.
The Common Council further finds that while existing laws may be adequate to punish offensive conduct and bring violators into compliance, said laws are not adequate to abate the nuisances created by multiple offenders.
The Common Council further finds that the continued occurrence of such activities, violations and attitudes is detrimental to the health, safety and welfare of the City of Fulton and of the business thereof and the visitors thereto. It is the purpose of the Ordinance to authorize and empower the Chief of Police to impose sanctions and penalties for such public nuisances, and such powers may be exercised either in conjunction with, or apart from, the powers contained in other laws without prejudice to the use of procedures and remedies available under such other laws. The Council further finds that the sanctions and penalties imposed by the Chief pursuant to this law constitute an additional and appropriate method of law enforcement in response to the proliferation of the above-described public nuisances. The sanctions and penalties are reasonable and necessary in order to protect the health and safety of the people of the City and to promote the general welfare.
For the purposes of this section, a public nuisance is declared to exist where:
A.1. an arrest for a violation of any provision of Articles 220 or 221 of the New York State penal law has been made within sixty (60) days prior to the issuance of notice pursuant to this section, where said arrest has been predicated on events, circumstances or activities occurring on the premises, and2. a violation of Article 220 or 221 which has resulted in a criminal conviction to Article 220 or 221 within the twenty four (24) month period of time prior to the arrest required in 63-2(A) (1) above where said conviction has been predicated on events, circumstances or activities occurring on the premises, and3. Either one of the following:a. a violation of Article 220 or 221 which has resulted in a criminal conviction to Article 220 or 221 within the twenty four (24) month period of time prior to the arrest required in 63-2(A)(1) above where said conviction has been predicated on events, circumstances or activities occurring on the premises; orb. discovery by any law enforcement agency or duly authorized agent thereof, of a quantity and quality of drug or substance on the premises, the amount of which would subject an individual, if prosecuted, to a conviction of Article 220 or 221 of the penal law, which discovery has not led to an arrest or conviction, within the twenty four (24) month period of time prior to the arrest required in 63-2(A)(1) above; or,B.1. there exists a series of violations of a designated nuisance offense as those terms are defined in Section 63-3 of this Chapter, which have resulted in a conviction of three or more designated nuisance offenses within the twenty four (24) month period of time where said
convictions have been predicated on events, circumstances or activities occurring or which are a proximate result of such activities occurring on the premises.
§63-3. Other definitions.
(1) Conviction shall be defined and applied in accordance with the provisions of Section 1.20 of the criminal procedure law of the State of New York.
(2) Council shall mean the Common Council of the City of Fulton.
(3) Chief shall mean the Chief of Police of the City of Fulton or his/her designee.
(4) Corporation counsel shall mean the Corporation Counsel of the City of Fulton.
(5) Mortgagee shall mean the person who is listed as the mortgagee on any unsatisfied or otherwise open mortgage recorded in the Oswego County Clerk's Office. (6) Owner shall mean the person in whose name the real estate affected by the order is recorded as the owner in the office of the Oswego County Clerk.
(7) Premises shall mean the building, place or real property whereon the public nuisance is being conducted or exists.
(8) Designated nuisance offense shall mean any violations of Article 120 (assault and related offenses), Article 125, (homicide, abortion and related offenses), Article 130 (sex offenses), Article 140 (burglary and related offenses), Article 150 (arson), Article 155 (larceny), Article 160 (robbery), Article 165 (other offenses related to theft), Article 170 (forgery and related offenses), Article 225 (gambling offenses), Article 230 (prostitution offenses), Article 235 (obscenity and related offenses), Article 240 (offenses against public order), and Article 245 (offenses against public sensibilities), Article 260 (offenses relating to children and incompetents) , Article 263 (sexual performance by a child), Article 265 (firearms and other dangerous weapons) , Article 270 (other offenses relating to public safety) of the penal law of the State of New York; and, any violations of Section C263B of the Charter of the City of Fulton, or Chapter 34 (adult uses), Chapter 37 (alcoholic beverages), of the City Code of the City of Fulton; and, any violations of the alcoholic beverage control law; and shall also include any violation of Articles 220 or 221 (controlled substance offenses and offenses involving marihuana, respectively) of the penal law as set forth in Section 63-2 of this Chapter.
In addition to the enforcement procedures established elsewhere, the Chief, after notice and opportunity for a hearing in front of the City Court Judge, shall be authorized to seek from the City Court Judge:
(a) An order discontinuing such activity at the premises where such public nuisance exists; and/or(b) An order closing the premises to the extent necessary to abate the nuisance.
(1) The Chief shall give notice and opportunity for a hearing to the owner, lessor, lessee, agent and all the persons in possession or having charge of the premises wherein the public nuisance is being conducted, maintained or permitted. Such notice and opportunity to be heard may be given to a mortgagee of the premises. Such notice shall be served upon an owner pursuant to Article 3 of the civil practice law and rules, upon a lessor or lessee pursuant to section 735 of the real property action and proceedings law, and upon a mortgagee by means of certified mail, return receipt requested, sent to the mortgagee's last known address, provided that any service other than delivery to the person to be served shall be complete immediately upon delivery, mailing or posting without the necessity of filing of proof of service with the clerk of any court before the hearing.
(2) Such notice shall:
1. specify the activities creating the nuisance;2. provide 30 days for elimination of the nuisance (moving the nuisance to another premises owned by the owner does not constitute elimination);3. inform the person to whom it is directed of his/her right to apply within 10 days for a hearing before the Fulton City Court Judge;
4. inform the owner/landlord that upon the expiration of 30 days after service with no hearing, or upon noncompliance with any written agreement reached at the hearing before the Court, the Chief shall act to obtain compliance as provided by this ordinance.
5. inform the owner/landlord of his/her obligation to post a copy of the notice within five (5) days, in a conspicuous place so that all occupants entering the premises shall have notice that the public nuisance is being conducted, maintained or permitted on the premises and that upon 30 days after service of the notice, the City Court may direct the Chief to act to obtain compliance as provided including, but not limited to, the closing of the premises.
(1) The burden of proof shall be upon the City to prove the existence of a nuisance as defined in §63-2 by a preponderance of the evidence.
(2) The owner/landlord has no obligation to offer any evidence at the hearing but may do so.
(3) The hearing shall be conducted under the standard rules of evidence.
(4) Upon conclusion of the fact-finding, the Judge shall issue an order:
A. Granting to the City one or both of the Orders referred to in §63-4;
B. Approving any stipulation which may be reached between the parties, provided it meets with the
approval of the Court; or
C. Dismissing the proceeding for failure of the City to meet the burden of proof set forth herein.
§63-7. Lack of knowledge not a defense.
The lack of knowledge of, acquiescence or participation in or responsibility for a public nuisance on the part of the owners, lessors, lessees, mortgagees and all those persons in possession or having charge of as agent or otherwise, or having interest in the premises or personal property, used in conducting or maintaining the public
nuisance, shall not be a defense by such owners, lessors and lessees, mortgagees and such other persons.
§63-8. Issuance of orders.
If the City Court grants one or both of the orders contemplated in §63-4 of this Ordinance, then the Chief shall post said order(s) on the premises wherein the public nuisance is occurring in violation of law and mail a copy of said order(s) within one business day of the posting of said order(s) on the premises to the parties identified in §63-5(l). A copy of said Order will also be filed with the City Clerk and made available for public inspection.
§63-9. Enforcement of orders.
(1) Five (5) business days after the issuance of an order(s) pursuant to Section 63-4 and upon the directive of the Court, the Chief and officers of the Fulton Police Department are authorized to act upon and enforce such order(s).
(2) Where the Court closes a premises pursuant to this Chapter, such closing shall be for such a period as the Court may direct, but in no event shall the closing be for a period of more than one (1) year from such issuance of the order pursuant to this Chapter. If the owner, lessor, and/or lessee shall file a bond in an amount determined by the Court, but which may not exceed the value of the premises ordered to be closed and submit proof satisfactory to the Court that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the premises has been directed to be closed by the order of the Court, then the Court may vacate the provisions of the order that directed the closing of the premises.
(3) Upon receiving a nuisance case from the Chief, the corporation counsel shall maintain a special proceeding against the owner of the premises to affix a civil penalty in the amount of $500.00, and to collect any costs and expenses incurred by the City of Fulton, in commencing the proceeding, closing the premises, and in relocating any occupants of the premises.
(1) The judgment in such, proceeding, in favor of the plaintiff, shall establish the penalty sued for with costs and disbursements as a lien upon such premises, subject only to taxes, assessments, water rates, mortgages and mechanics liens as they may exist thereon prior to the filing of the notice of pendency of the action or proceeding.
(2) The corporation counsel shall have the power, on ex parte application to the court, to appoint a receiver of rents and profits of the premises for the purposes of collecting the civil penalty and abating the nuisance. The receiver shall have the powers and duties of a receiver of rents and profits of real estate appointed by the Supreme Court; provided that the corporation counsel shall act as his counsel and the receiver shall not be allowed any expenditure for counsel fees, and his commissions shall be ten per centum of his collections, which sum shall be full compensation for his services and those of any agent or agents whom he may employ. Such receiver shall continue until the amount of such liens, with interest at the rate of nine per centum, and the commissions, have been fully paid and the nuisance is abated; provided that nothing in this section shall be construed to prevent any prior lienor from applying to the Supreme Court in a proper case for a receiver of the premises.
(3) At any time after the entry of any judgment establishing a lien upon the premises, the corporation counsel on behalf of the Chief may apply to the court for leave to sell the premises. Upon such application, the court may order the premises sold at public auction subject to taxes, assessments, water rates, mortgages and mechanics liens.
A closing directed by the Court pursuant to this Chapter shall not constitute an act of possession, ownership or control by the City of the closed premises.
(1) It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any premise, or portion thereof, ordered closed by the Court.
(2) Mutilation or removal of an order posted by the Chief shall be a violation punishable by a fine of not more than $250.00 or by imprisonment not exceeding 15 days, or both, provided such order contained therein a notice of such penalty.
(3) Intentional disobedience or resistance to any provision of the orders issued by the Court pursuant to this section, in addition to any other punishment prescribed by law, shall be a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment not to exceed six (6) months, or both.
The Chief may promulgate rules and regulations to carry out and give full effect to the provisions of this section.
No officer, agent or employee of the City of Fulton, New York shall be personally liable for any damage resulting for any official determination, order or action required or permitted in the discharge of his duties under this ordinance.
If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of this Chapter and the application of such provisions to other persons and circumstances shall not be rendered invalid thereby.
NEW YORK STATE LAW (NAVIGATION LAW)
SYNOPSIS: REQUIREMENTS FOR EQUIPMENT, SAFETY, LICENSING
If you operate a personal watercraft ("Jet Skis"), you must:
You cannot:
Also, if you are less than 18, the law now requires that you complete a boating safety course. All operators will be required to have completed this course as of 2004, but for now:
You can get more information from the New York State Office of Parks, Recreation and Historic Preservation at www.nysparks.com
CITY OF FULTON ORDINANCE
VEHICLES AND TRAFFIC
SYNOPSIS: VEHICLE SIZE, WEIGHT LIMITS, PARKING RESTRICTIONS
Excerpted - Refer to Chapter 165 of the City Code for the complete text of this Article.
§165-13 Vehicle size and weight limits.
C. Vehicle size restrictions.
1. The parking of any vehicle with dimensions meeting or exceeding any of the following: eight (8) feet in width, eight (8) feet in height and/or eighteen (18) feet in length, is prohibited at all times on streets in R-1, R-2 and R-3 Districts.
2. No vehicle described in Subsection C(1) shall be allowed to park on any other city street for more than two (2) hours.
3. "Parking" is defined as the standing of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
4. No vehicle described in Subsection C(1) herein shall be allowed to park on any other city-owned or city-maintained property unless authorized to do so by resolution of the Common Council.
5. No vehicle described in Subsection C(1) shall be allowed to park on any sidewalk or between the sidewalk and curb line in any R-1, R-2 or R-3 District. If there is no sidewalk, no vehicle described in Subsection C(1) shall be allowed to park within eight (8) feet of the curb line in R-1, R-2 and R-3 Districts.
6. No tractor shall be idled for more than fifteen (15) minutes for warmup or arrival at residence while parked in any residential neighborhood.
§165-19 General parking restrictions.
A. No vehicle shall be parked at any time in the following areas:
1. Within twenty-five (25) feet of any street intersection.
2. Thirty (30) feet in front of the entrance to any church, hotel, place of amusement or loading zone.
B. It shall be unlawful for any person to park or stand any motor vehicle unattended upon a public street in the City of Fulton between the hours of 1:30 AM and 5:30 AM, except that such parking shall be permitted, with the exception of commercial vehicles, from April 1 to November 1 of each year, except in the business district.
C. No tractor-trailer shall be allowed to park on any city street for more than two (2) hours on any day. "Parking" is defined as the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
§165-31.1 Parking of oversized vehicles.
A. The parking of any vehicle with dimensions meeting or exceeding any of the following: eight (8) feet in width, eight (8) feet in height and/or eighteen (18) feet in length, is prohibited at all times on streets in R-1, R-2 and R-3 Districts.
B. No vehicle described in Subsection A shall be allowed to park on any other city street for more than two (2) hours.
C. "Parking" is defined as the standing of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
D. No vehicle described in Subsection A herein shall be allowed to park on any other city-owned or city-maintained property unless authorized to do so by resolution of the Common Council.
E. No vehicle described in Subsection A shall be allowed to park on any sidewalk or between the sidewalk and curb line in any R-1, R-2 or R-3 Districts. If there is no sidewalk, no vehicle described in Subsection A shall be allowed to park within eight (8) feet of the curb line in R-1, R-2 and R-3 Districts.
Excerpted - Refer to Chapter 165 of the City Code
for the complete text of this Article.