§ 49B-3. Definitions; presumptive evidence of nuisance.

A. 

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

CONVICTION

Applied in accordance with the provisions of Subdivision 13 of § 1.20 of the Criminal Procedure Law.

PERSON

Includes persons, firms, partnerships, corporations and any other entity.

PUBLIC NUISANCE

Includes, but is not limited to, the following:

(1) 

Any building, erection or place used in whole or in part for the purpose of prostitution as that term is defined in § 230.00 of the Penal Law.

(2) 

Any building, erection or place used in whole or in part for the purpose of obscene performances. The term "obscene" shall have the same meaning as that term is defined in Subdivision 1 of § 235.00 of the Penal Law. The term "performance" shall have the same meaning as that term is defined in Subdivision 3 of § 235.00 of the Penal Law.

(3) 

Any building, erection or place used in whole or in part for the purpose of promotion of obscene material. The term "obscene" shall have the same meaning as that term is defined in Subdivision 1 of § 235.00 of the Penal Law. The term "material" shall have the same meaning as that term is defined in Subdivision 2 of § 235.00 of the Penal Law.

(4) 

Any building, erection or place used in whole or in part for violations of any of the provisions of Articles 220, 221 or 225 of the Penal Law.

(5) 

Any building, erection or place used in whole or in part for violations of the provisions of §§ 165.40, 165.45, 165.50, 170.65, 170.70 and 175.10 of the Penal Law or § 415-a of the Vehicle and Traffic Law.

(6) 

Any building, erection or place used in whole or in part for any of the unlawful activities described in § 123 of the Alcoholic Beverage Control Law.

(7) 

Any building, erection or place used in whole or in part for the commission of a criminal nuisance as that term is defined in § 240.45 of the Penal Law.

(8) 

Any building, erection or place used in whole or in part for the purpose of conducting a business, activity or enterprise which is not licensed as required by any federal, state, county or local enactment.

(9) 

Any building, erection or place used in whole or in part for the regular use, manufacture, distribution, storage or sale of the substances described in Articles 220 and 221 of the Penal Law. For the purpose of this chapter, two or more occurrences of one or more or any combination of the acts described in this subsection within the three-year period preceding commencement of an action under this chapter shall be presumptive evidence that such acts are regularly occurring.

(10) 

Any building, erection or place, in whole or in part, wherein there is occurring a public nuisance not heretofore defined but recognized as such under the common law.

B. 

For the purposes of this chapter, two or more convictions of any person for violation of any of the aforedescribed provisions of law within the three-year period preceding commencement of an action under this chapter shall be presumptive evidence that the building, erection or place is a public nuisance.

Amended 9-7-2010 by L.L. No. 17-2010, effective 9-21-2010