Common Council Meeting --08.27.2025

Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 1 Submitted to council on: 07 / 11 / 25 Proposed Resolution No. Sent to Council Attorney on: 07 / 11 / 25 Thursday Rule Waiver Required? N Date of Legislation: 08 / 27 / 25 Explanation provided to council on: / / CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa ORDINANCE AMENDING SEC. 2-17 WHEREAS, the City of Utica is committed to fostering clean, safe, and livable neighborhoods that contribute to the health, safety, and quality of life of all residents; and WHEREAS, the City’s current public nuisance law has not been updated in several years and does not adequately address the evolving challenges posed by activities and conditions that threaten public safety and community well-being; and WHEREAS, public nuisances, including but not limited to drug activity, excessive noise, property neglect, illegal dumping, and other disruptive behaviors, undermine property values, attract crime, and erode public trust in municipal enforcement efforts; and WHEREAS, the City seeks to broaden the scope of its public nuisance law to include modern enforcement tools and approaches that address a wider range of behaviors and conditions detrimental to public safety and neighborhood quality of life; and WHEREAS, this comprehensive update will align the City’s public nuisance law with best practices in community policing, code enforcement, and interagency collaboration; and WHEREAS, input from community stakeholders, law enforcement officials, and public safety experts has been incorporated to ensure that the updated law is equitable, enforceable, and responsive to community needs; now, therefore BE IT ORDAINED, that the Common Council of the City of Utica adopts this comprehensive update to the public nuisance law to enhance public safety, promote clean neighborhoods, and protect the rights and quality of life for all residents:  Article 1 PUBLIC NUISANCE ABATEMENT § Sec. 2-17-1. Legislative findings and purpose. (a) The City Council finds that public nuisances exist in the City of Utica in the operation of certain establishments and in the use of property in flagrant violation of the municipal code and state and local laws and regulations, including but not limited to possession, sale, and use of controlled substances and dangerous drugs, illegal use or possession of weapons, possession of stolen property and laws relating to the sale and consumption of alcoholic beverages, all of which substantially and seriously interfere with the interest of the public and the quality of life and total community environment, commerce in the City, property values and the public health, safety and welfare, particularly as it affects our children and young adults. (b) The City Council further finds that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the people of the City of Utica and of the businesses thereof and the visitors thereto and that the public nuisances frequently exist in properties where the owner is not in residence. (c) It is the purpose of the Council to create and to empower a Hearing Panel to impose appropriate sanctions and proportional penalties as may serve to eliminate such public nuisances, and it is further intended that the exercise of such powers as are given to the Hearing Panel pursuant to this chapter 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 laws. The Council further finds the sanctions and penalties, which may be imposed by the Hearing Panel pursuant to this chapter, constitute an additional and appropriate method of law enforcement in response to the proliferation of the above-described public nuisances within the City of Utica. The sanctions and penalties which may be imposed are reasonable and necessary in order to promote the health and safety of the people of the City of Utica and to promote the general welfare. § Sec. 2-17-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: Adverse Impact. Includes, but is not limited to the following: any search warrants served on the property where controlled substances and/or weapons were seized; investigative purchases of controlled substances on or near the property by law enforcement agencies or their agents; arrests for violations of controlled substance law and/or possession of weapons; loitering for the purposes of engaging in illegal activity; an increase in the volume of traffic associated with property; complaints made to law enforcement officials of illegal activity associated with the property, finding of illegal weapons, as defined in § 265 of the Penal Law, or controlled substances, as defined in Articles 220 and 221 of the Penal Law, on or near the property by law enforcement officials and their agents. Building. A structure wholly or partially enclosed within exterior walls, or within exterior and party walls and a roof. The term "building" shall be construed as if followed by the phrase "or part thereof" unless otherwise indicated by the text. Business. An activity, occupation, employment or enterprise which requires time, attention, labor and material and wherein merchandise is exhibited or sold, or services offered. Conviction. A conviction for an offense in a court of competent jurisdiction or an administrative bureau shall not be required. Instead, the City shall prove by a preponderance of the evidence that the violations have occurred. However, a conviction as defined and applied in accordance with the provisions of § 1.20 of the Criminal Procedure Law, in any court of competent jurisdiction, or a plea of guilty shall constitute conclusive proof of a violation. Lessee. One who has a possessory interest in real or personal property under a lease. Lessor or Landlord. One who conveys real or personal property by lease. If the property is real estate, the lessor is referred to as a landlord. Manager. A person who administers or supervises the affairs of a business, office, or other organization. Operator. A person or company who rents, leases, and managers residential and/or commercial properties. Owner. The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land. Penal Law. New York State Penal Law. Public Nuisance. For purposes of this chapter, the following are declared to be public nuisances: any building, structure, or real property where violations of any of the following provisions of law are occurring and where two or more violations of such provisions result in two or more criminal convictions, within a two (2)-year time period prior to the commencement of a proceeding pursuant to this chapter, or where two or more violations of such provisions occur within a one(1)-year time period prior to the commencement of a proceeding pursuant to this chapter, and activities which create an unreasonable interference with a person's lawful use and enjoyment of their own property due to excessive noise and general disturbance of the peace. (a) Penal Law articles: (1) Article 220 (offenses dealing with possession and sale of controlled substances). (2) Article 221 (offenses dealing with sale and possession of marijuana). (3) Article 225 (offenses dealing with promoting gambling and possession of gambling records). (4) Article 230 (offenses dealing with prostitution). (5) Article 235 (offenses dealing with obscenity). (6) Article 265 (offenses dealing with firearms and possession of other dangerous weapons). (7) Article 263 (offenses dealing with sexual performance by a child). (8) Article 178 (offenses dealing with criminal diversion of prescription medications and prescriptions). (b) Penal Law sections: (1) Sections 165.15(4), (6), (7) and (8) (offenses dealing with theft of services). (2) Sections 165.40, 165.45, 165.50, 165.52 and 165.54 (offenses dealing with criminal possession of stolen property). (3) Sections 260.20 and 260.21 (unlawfully dealing with a child). (4) Sections 240.36 and 240.37 (loitering in the first degree and loitering for the purpose of engaging in a prostitution offense). (5) Sections 120.00, 120.02, 120.05, 120.06, 120.07, 120.08, 120.10, 12.11, and 120.12 (offenses dealing with assault). (6) Sections 240.25, 240.26, 240.30, and 240.31 (offenses dealing with harassment). (7) Section 240.20 (disorderly conduct). (8) Section 175.10 (falsifying business records).  (9) Any violation of the Penal Law involving “endangering the welfare of a child”- related to the sale of alcohol to a person under the age of 21 years of age. Any violation of Section 65 of the NYS Alcohol Beverage Control law- Prohibited sales of alcohol. No person shall sell, deliver, or give away or cause or permit or procure to be sold, delivered or given away any alcoholic beverages to: (1) Any person, actually or apparently, under the age of twenty-one years; (2) Any visibly intoxicated person; (3) Any habitual drunkard known to be such to the person authorized to dispense any alcoholic beverages. (c) Other sections: (1) Alcoholic Beverage Control Law § 123, illegal manufacture, sale or distribution of liquor, wine or beer. (2) Tax Law Article 18, possession, use, sale or offer for sale of any alcoholic beverage. (3) Tax Law Article 20, possession, use, sale or offer for sale of any cigarette or tobacco products. (4) Social Services Law § 147 (food stamp fraud). (5) Public Health Law § 3383, imitation controlled substances. (6) Any violation of the NYS Taxation Law- Section 1814 for possession and sale of untaxed cigarettes and tobacco products. (7) Any violation of the NYS Alcohol Beverage Control Law for Disorderly Premise, Gambling and Narcotics- Section- 106.6. (8) Any violation of the Public Health Law- Section 1399 for the licensing and sale of tobacco or vape products, herbal cigarettes, liquid nicotine, shisha, rolling papers, or smoking paraphernalia to minors. (9) Violations SNAP and food stamp fraud and trafficking (10) Any building, structure or real property wherein there exists or has occurred any violation of this Code, including, but not limited to, Chapter 2-5, animals; Chapter 2-29, zoning; Chapter 1-15, offenses; nuisances; and the New York State Uniform Fire Prevention and Building Code, including the Property Maintenance Code of New York State, and any subsequent amendments or superseding provisions thereto, all of which have been previously adopted and incorporated into this Code by reference. (d) Miscellaneous: (1) Suffering or permitting the premises to become disorderly, including suffering or permitting fighting or lewdness. (2) Operating a business at the premises in a manner which causes it to be a source of disruption for the neighborhood and/or a focal point of police attention. (3) Permitting situations or conditions which allow rodents, insects and other vermin to live on or in real property and/or failing to take reasonable actions to abate, eliminate and/or exterminate rodents, insects, and other vermin when the landowner, occupant or user of such real property becomes aware or should have known of the existence of such rodents, insects and vermin infestation. It is the intention of this chapter to declare rodent, insect, and vermin infestation as a public nuisance and to take whatever actions are  permitted to declare those persons responsible for the infestation, including but not limited to occupants, owners, or any other entity occupying said real property. (4) Operating an unlicensed business. Operating a business for which a license is required by federal, state or local government without having obtained such a license, or, if such license was initially obtained but has since been revoked or lapsed, operating a business in the absence of such required license. Real Property. The term "real property" shall include lands, tenements and hereditaments. Tenant or Occupant. The term "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others. Structure. An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings. Testimony. Oral, written or other documented evidence tending to show or prove the truth of the matter asserted. Violation. Conduct, or evidence of conduct, prohibited under the City of Utica Nuisances Law. A violation does not require criminal prosecution and conviction, but only a preponderance of evidence that the prohibited conduct is occurring or has occurred. Evidence of prohibited conduct may include, but is not limited to, police reports, investigative reports, execution of search warrants, research of search warrants, results of police surveillance, arrest and/or conviction of local and state and federal laws, activities associated with trafficking of controlled substances, finding of weapons and/or controlled substances on or near the property, increased volume of traffic associated with the property. § Sec. 2-17-3. Nuisance Forbidden. No owner, operator, manager, tenant, lessee or other occupier of a building, structure or real property shall knowingly conduct, maintain, permit or allow the existence of a public nuisance at the building, structure or real property. § Sec. 2-17-4. Presumption of Knowledge. Notice by first class mail or personal service of activities entailing a public nuisance to the property owner, operator, manager, tenant, lessee, lessor or other occupier of a building, structure or real property shall be prima facie evidence of knowledge of the public nuisance. § Sec. 2-17-5. Evidence and presumptions. (a) Evidence. In any action under this chapter, evidence of the common fame and general reputation of the building, structure or real property, of the inhabitants or occupants thereof, or of those resorting thereto shall be competent evidence to prove the existence of a property or building nuisance. (b) Scienter. i. If evidence of the general reputation of the building, structure or real property, or of the inhabitants or occupants thereof, is sufficient to establish the existence of the nuisance, it shall be prima facie evidence of knowledge thereof and acquiescence and participation therein and responsibility for the nuisance, on the part of the owners, operators, managers, tenants, lessors, lessees, and all those in possession of or having charge of, as agent or otherwise, or having any interest in any form in the property, real or personal, used in conducting or maintaining the property or building nuisance. ii. The lack of knowledge, acquiescence or participation in or responsibility for a public nuisance on the part of the owners, operators, managers, tenants, lessors or lessees, and all those persons in possession or having charge of, as agent or otherwise, or having any interest in the property, real or  personal, used in conducting or maintaining the public nuisance shall not be a defense by such owners, operators, managers, tenants, lessors or lessees, and other persons. (c) Presumptions for the purposes of this chapter. (1) The existence of two (2) or more criminal convictions for any of the activities set forth in the definition of a public nuisance in § 2-17-2 at any building, structure or real property within a two (2)-year period prior to the commencement of a civil action and/or an administrative hearing shall be prima facie evidence of the existence of a public nuisance. (2) The existence of two (2) or more incidents of the following activities at any building, structure or real property within a one(1)-year period prior to the commencement of a civil action and/or an administrative hearing shall be prima facie evidence of the existence of a public nuisance: i. Conviction for any of the activities set forth in the definition of a public nuisance in § 2-17-2, occurring on or near the property. ii. Arrest for any of the activities set forth in the definition of a public nuisance in § 2-17-2, occurring on or near the property. iii. Service of an accusatory instrument charging any of the activities set forth in the definition of a public nuisance in § 2-17-2, occurring on or near the property. For the purposes of this chapter, an accusatory instrument shall include, but not be limited to, any criminal information, misdemeanor and/or felony complaint filed in a court of competent jurisdiction, and/or, with regard to unfit, unsafe and/or fire damaged structures on or near the property, a notice of violation issued by the Utica Code Enforcement Office, Police or Fire Departments and/or other authorized entity with jurisdiction in the city and/or an order to abate issued by the administrative panel pursuant to Chapter 14 of this Code. iv. Service of a search warrant on the building, structure or real property where controlled substances, marihuana [marijuana], and/or weapons are seized. v. Finding of illegal controlled substances or illegal firearms or weapons on the building, structure or real property. vi. Investigative purchases of illegal controlled substances on the building, structure or real property by law enforcement agencies or their agents. § Sec. 2-17-6. Administrative hearing. (a) Hearing Panel: There is hereby established, for the purpose of administratively implementing and enforcing the provisions of this chapter, a Public Nuisance  Abatement Hearing Panel (“Hearing Panel”). The Hearing Panel shall consist of a member to be appointed by the chief code enforcement officer, a member to be appointed by the chief of police and a member to be appointed by the fire chief. Each appointing authority shall be authorized to appoint himself/herself or any member of his/her staff to the Hearing Panel. (b) Administrative Hearing: Whenever there is prima facie evidence of a public nuisance at any building, structure or real property within the city, the Corporation Counsel may initiate an administrative hearing. (1) Service of notice: Prior to the issuance of orders by the Hearing Panel, the Hearing Panel shall give notice and opportunity for a hearing to the owner, and also to any known operator, manager, tenant, lessor and lessee, of a building, structure, or real property wherein the public nuisance is being conducted, maintained or permitted. Such notice shall be served upon an owner pursuant to Article 3 of the Civil Practice Law and Rules, and upon a tenant, lessor or lessee pursuant to § 735 of the Real Property Actions and Proceedings Law. The person in whose name the real estate affected by the order of the Hearing Panel is recorded in the office of the County Clerk shall be presumed to be the owner thereof. (2) Content of notice: The notice shall allege the facts constituting the public nuisance. (3) Hearing: At the time and place designated in the notice, the Corporation Counsel or his/her designee shall present all relevant evidence and/or witnesses demonstrating the existence of a public nuisance at the building, structure or real property, and as to appropriate remedies. The owners of the building, structure or real property, or their representatives, shall have the right to examine such evidence and cross-examine any witnesses presented by the Corporation Counsel or his/her designee. The owners of the building, structure or real property, or their representatives, may present any relevant evidence and/or witnesses in their defense. The Corporation Counsel, or his/her designee, shall have the right to examine such evidence and crossexamine any witnesses presented by the owners of the building, structure or real property, or their representatives. (4) Panel's finding and recommendation: Within five (5) business days of the hearing, the Hearing Panel shall issue a Decision and Order. § Sec.2-17-7. Administrative remedies. (a) The Hearing Panel, shall have the following powers in furtherance of the abatement of public nuisances: (1) To order the discontinuance of such activity at the building, structure, or real property where such public nuisance exists; and/or (2) To order the closing of the building, structure, lot and/or separately identifiable portion thereof necessary to abate the nuisance; and/or to suspend or revoke for a period of up to one year a certificate of occupancy issued for such premises, and to prevent the owner from obtaining a new certificate of occupancy for another location for the period of suspension or revocation; and/or (3) To suspend or revoke for a period of up to one year any occupational license or permit issued by the City related to the conduct of a business or trade at the premises, which suspension or revocation shall also apply to any other locations operated by the holder for which the license or permit is required; and/or  (4) To suspend or revoke for a period of up to one year eligibility to secure grants or loans from the City of Utica; and/or (5) To authorize agents of the City to remove and correct any conditions in violation of this Code. The actual costs of removing and correcting the violations, plus a charge of fifty percent (50%) as compensation to the city for administering, supervising and handling such work, shall be imposed and awarded to the city. The costs of removing and correcting the violations, plus a charge of fifty percent (50%) as compensation to the city for administering, supervising and handling such work, shall constitute a lien against the real property and shall be collected in the same manner provided by law for the collection of real property taxes within the city; and/or (6) To issue a decision and order directing the payment of a fine not to exceed $1,000 for each day it is found that the defendant conducted, maintained or permitted the public nuisance after notice to abate has been given by the City. Upon recovery, such fine shall be paid into the general fund of the City; and/or (7) Any combination of the above. (b) Service of Decision and Order: The Decision and Order shall be served upon the owner, and also upon a known operator, manager, tenant, lessor, and/or lessee, of the building, structure or real property in a manner similar to that described in § 2-17-6(b)(1). (c) Nothing within this chapter shall limit the authority of the Commissioner of Public Safety, Mayor or Mayor's designee, to take such other and further actions deemed necessary to abate any existing public nuisance to the extent necessary to ensure the protection of the health, safety and welfare of the general public. § Sec. 2-17-8 Posting of orders. (a) Orders of the Hearing Panel issued pursuant to this § 2-17-7 shall be posted at the building, structure, or real property where a public nuisance exists or is occurring in violation of law and shall be mailed and/or personally served, in the same manner as a summons as provided in the Civil Practice Law and Rules, to the owner of record thereof within five (5) business days of the posting. (b) Five (5) business days after the posting of an order issued pursuant to this chapter, upon the written direction of the Hearing Panel, the police department of the City of Utica is hereby authorized to act upon and enforce such order. Where the Hearing Panel closes a building, structure, or real property pursuant to this chapter, such closing shall be for such period as the Hearing Panel shall direct, but in no event shall the closing be for a period of more than one year from the posting of the order pursuant to this chapter. (c) A closing directed by the Hearing Panel pursuant to this chapter shall not constitute an act of possession, ownership or control by the City of the closed premises. (d) 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 applications of such provisions to other persons and circumstances shall not be rendered invalid thereby. § Sec. 2-17-9 Civil remedies for property and building nuisances. (a) The Corporation Counsel may bring and maintain a civil proceeding in the name of the City of Utica for the following types of relief: (1) Permanent injunction. (2) Temporary closing order. (3) Temporary restraining order.  (4) Temporary injunction. (5) Civil penalties. (b) Procedure (1) The summons. The Corporation Counsel shall name as defendants the building, structure or real property wherein the public nuisance is being conducted, maintained or permitted, by describing it by Tax Map number and/or street address and at least one of the owners of some part of or an interest in the property. The summons may also name as defendants any owner, operator, manager, tenant, lessee or other occupier of the building, structure or real property. (2) The complaint. The Corporation Counsel may bring and maintain a civil proceeding in the name of the City of Utica in any court of competent jurisdiction to permanently enjoin the public nuisance and the persons conducting, maintaining or permitting the public nuisance, as defined in § 2- 17-2 of this chapter, from further conducting, maintaining, or permitting the public nuisance in the manner provided within. The owner, operator, manager, tenant, lessor and/or lessee of a building, structure or real property wherein the public nuisance is being conducted, maintained or permitted may be made defendants in the action. i. The venue of such action shall be in the county where the public nuisance is being conducted, maintained or permitted. ii. The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this chapter. iii. The civil action shall be commenced by the filing of a summons and complaint alleging the facts constituting the nuisance. iv. The complaint shall name as defendants the building, structure or real property wherein the nuisance is being conducted, maintained or permitted, by describing it by Tax Map number and/or street address and at least one of the owners who possess some part of or an interest in the property. v. The complaint may also name as defendants any owner, operator, manager, tenant, lessee or other occupier of the building, structure or real property vi. Any complaint filed under this chapter shall be verified or accompanied by affidavit(s) for purposes of showing that the owner or his/her agent has notice of the nuisance and has had an opportunity to abate the nuisance. vii. The complaint or affidavit shall contain a description of the attempts by the applicant to notify and locate the owner of the property and/or the owner's agent. viii. The complaint or affidavit shall describe the adverse impact associated with the property on the surrounding neighborhood. (3) In rem jurisdiction. In rem jurisdiction shall be complete over the building, structure or real property wherein the public nuisance is being conducted, maintained or permitted by affixing the summons to the door of the building, structure or real property and by mailing the summons by certified or  registered mail, return receipt requested, to one of the owners who possesses some part of or an interest in the property. i. Proof of service shall be filed within two days thereafter with the clerk of the court designated in the summons. Service shall be complete upon such filing. (4) Service of summons on other defendants. Defendant(s), other than the building, structure or real property wherein the public nuisance is being conducted, maintained or permitted, shall be served with the summons as provided in the Civil Practice Law and Rules. (5) Notice of pendency. With respect to any action commenced or to be commenced pursuant to this chapter, the Corporation Counsel may file a notice of pendency pursuant to the provisions of Article 65 of the Civil Practice Law and Rules. (6) Presumption of ownership. The owner of the real estate affected by the action shall be presumed to be the person in whose name the real estate is recorded in the office of the City of Utica Assessor and/or the office of the Oneida County Clerk. (7) Presumption of employment or agency. Whenever there is testimony that a person was the manager, operator, supervisor, or in any other way in charge of the premises at the time a public nuisance was being conducted, maintained or permitted, such evidence shall be presumptive that he or she was an agent or employee of the owner or lessee of the building, structure or real property considered to be a nuisance. (8) Penalty. If, upon the trial of an action under this chapter, or upon a motion for summary judgment in an action under this chapter, a finding is made that the defendant has conducted, maintained or permitted a public nuisance defined in this chapter, a penalty may be awarded in an amount not to exceed $1,000 for each day it is found that the defendant conducted, maintained or permitted the public nuisance after notice to abate has been given by the City. Upon recovery, such penalty shall be paid into the general fund of the City. (9) Enforcement. A judgment pursuant to this chapter shall be enforced by the City of Utica Police Department and the Office of Corporation Counsel. (c) Judgment awarding permanent injunction. (1) If, upon the trial of an action for a public nuisance or upon a motion for summary judgment, a finding is made that defendants have conducted, maintained, permitted or allowed a public nuisance, a permanent injunction may be granted. (2) A judgment awarding a permanent injunction may prohibit defendants from conducting, maintaining, permitting or allowing the public nuisance. (3) A judgment awarding a permanent injunction may authorize agents of the City to remove and correct any conditions in violation of this Code. The judgment may further order that the costs of removing and correcting the violations, plus a charge of fifty percent (50%) as compensation to the city for administering, supervising and handling such work, shall be charged against defendants and awarded to the city. The judgment may further order that the costs of removing and correcting the violations, plus a charge of fifty percent (50%) as compensation to the city for administering, supervising and handling such work, shall constitute a lien against the real property and shall be collected in the same manner provided by law for the collection of real property taxes within the city.  (4) A judgment awarding a permanent injunction may direct the closing of the building, structure or real property by the Utica Police Department, to the extent necessary to abate the nuisance, including but not limited to a warrant of eviction and/or authorization to vacate the premises. (5) A judgment awarding a permanent injunction may direct the Utica Police Department to seize and remove from the building, structure or real property, all material, equipment and instrumentalities used in the creation and maintenance of the public nuisance and shall direct the sale by the Utica Police Department of such property in the manner provided for the sale of personal property under execution pursuant to the provisions of the Civil Practice Law and Rules. The net proceeds of any such sale, after deduction of the lawful expenses involved, shall be paid into the general fund of the City. (6) A judgment awarding a permanent injunction may authorize agents of the City to forthwith remove and correct construction and structural alterations in violation of the City building code. Any and all costs associated with these repairs or alterations shall become a lien against said property and shall have priority before any mortgage or other lien that exists prior to such filing except tax and assessment liens and any nuisance abatement lien. (7) The closing directed by the judgment shall be for such period as the court may direct, but in no event shall the closing be for a period of more than one year from the posting of the judgment provided for in this chapter. (8) If the owner shall file a bond in the value of the property ordered to be closed and submits proof to the court that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, structure or real property has been directed to be closed in the judgment, the court may vacate the provisions of the judgment that directed the closing of the building, structure or real property. (9) A closing by the Utica Police Department pursuant to this chapter shall not constitute an act of possession, ownership or control by the Utica Police Department of the closed premises. (10) Upon the request of the Corporation Counsel or the Commissioner of Public Safety, the City of Utica Police Department shall assist in the enforcement of a judgment awarding a permanent injunction entered in an action brought pursuant to this chapter. (11) A judgment rendered awarding a permanent injunction pursuant to this chapter shall be and become a lien upon the building, structure or real property named in the complaint in such action, such lien to date from the time of filing a notice of liens pending in the office of the Clerk of the county wherein the building, structure or real property is located. Every such nuisance abatement lien shall have priority before any mortgage or other lien that exists prior to such filing except tax and assessment liens. (12) A judgment awarding a permanent injunction pursuant to this chapter shall provide, in addition to the costs and disbursements allowed by the Civil Practice Law and Rules, upon satisfactory proof by affidavit or such other evidence as may be submitted, the actual costs, expenses and disbursements of the City in investigating, bringing and maintaining the action. (d) Preliminary injunction. (1) Generally. Pending an action for a permanent injunction as provided for in this chapter, the Court may grant a preliminary injunction enjoining a public nuisance within the scope of this chapter and the person or persons  conducting, maintaining or permitting the public nuisance from further conducting, maintaining or permitting the public nuisance. i. An order granting the preliminary injunction shall direct a trial of the issues at the earliest possible time. Where preliminary injunction has been granted, the court shall render a decision with respect to a permanent injunction at its earliest convenience after the conclusion of the trial. ii. A temporary closing order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a nuisance within the scope of this chapter is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires the granting of a temporary closing order. iii. A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a nuisance within the scope of this chapter is being conducted, maintained or permitted. (2) Motion papers for preliminary injunction. The Corporation Counsel shall show, by affidavit and such other evidence as may be submitted, that there is a cause of action for an injunction abating a nuisance within the scope of this chapter. (3) Enforcement. A preliminary injunction shall be enforced by the Corporation Counsel and the City of Utica Police Department. If the court grants a preliminary injunction, the provisions of this chapter shall be applicable. (e) Temporary closing order. (1) If, on a motion for a preliminary injunction pursuant to this chapter, the Corporation Counsel shall show by clear and convincing evidence that a nuisance within the scope of this chapter is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires a temporary closing order, a temporary order closing such part of the building, structure or real property wherein the nuisance is being conducted, maintained or permitted may be granted without notice, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary closing order, the court shall hold a hearing for the preliminary injunction. (2) Service of temporary closing order. Unless the court orders otherwise, a temporary closing order together with the papers upon which it was based and a notice of hearing for the preliminary injunction shall be personally served, in the same manner as a summons as provided in the Civil Practice Law and Rules. (f) Temporary restraining order. (1) A temporary restraining order may be granted pending a hearing for preliminary injunction where it appears by clear and convincing evidence that a public nuisance within the scope of this chapter is being conducted, maintained, or permitted and that the public health, safety, or welfare immediately requires the granting of a temporary restraining order. This order shall restrain the defendants and all persons from removing or transferring off the property or in any manner interfering with the fixtures and movable  property used in conducting, maintaining or permitting the public nuisance and from further conducting, maintaining or permitting the public nuisance. A temporary restraining order may be granted without notice, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary restraining order, the court shall direct the holding of a hearing for the preliminary injunction. (2) Service of temporary restraining order. Unless the court orders otherwise, a temporary restraining order and the papers upon which it was based and a notice of hearing for the preliminary injunction shall be personally served in the same manner as a summons as provided in the Civil Practice Law and Rules. (g) Temporary closing order; enforcement of temporary restraining order. (1) If, on motion for a preliminary injunction, the Corporation Counsel submits evidence warranting both a temporary closing order and a temporary restraining order, the court shall grant both orders. (2) Enforcement of temporary closing orders and temporary restraining orders. Temporary closing orders and temporary restraining orders shall be enforced by the Corporation Counsel and the City of Utica Police Department. (h) Inventory upon service of temporary closing orders and temporary restraining orders. The officers serving a temporary restraining order shall forthwith make and return to the court an inventory of personal property situated in and used in conducting, maintaining or permitting a public nuisance within the scope of this chapter and shall enter upon the building, structure or real property for such purpose. Such inventory shall be taken in any manner that is deemed likely to evidence a true and accurate representation of the personal property subject to such inventory, including, but not limited to, photographing such personal property and/or utilizing body-worn cameras of law enforcement personnel to capture inventory electronically. (i) Closing of premises pursuant to temporary closing orders and temporary restraining orders. The officers serving a temporary restraining order shall, upon service of the order, command all persons present in the building, structure or real property to vacate the premises forthwith. Upon the building, structure or real property being vacated, the premises shall be securely locked and all keys delivered to the officers serving the order, who thereafter shall deliver the keys to the fee owner, lessor or lessee of the building, structure or real property involved. If the fee owner, lessor or lessee is not at the building, structure or real property when the order is being executed, the officers shall securely padlock the premises and retain the keys until the fee owner, lessor or lessee of the building is ascertained, at which time the officers shall deliver the keys to such owner, lessor or lessee, if such individual resides within Oneida County. (j) Posting of temporary closing orders and temporary restraining orders. Upon service of a temporary restraining order, the officer shall post a copy thereof in a conspicuous place or upon one or more of the principal doors at entrances of such premises where the public nuisance is being conducted, maintained or permitted. In addition, where a temporary restraining order has been granted, the officers shall affix, in a conspicuous place or upon one or more of the principal doors at entrances of such premises, a printed notice that shall state that certain described activity is prohibited by court order and that removal of property is prohibited by court order. If the temporary restraining order directs that the premises are to be closed by court order, the notice shall contain the legend "Closed by Court Order" in block lettering of sufficient size to be  observed by anyone intending or likely to enter the premises, the date of the order, the court from which issued and the name of the office or agency posting the notice. (k) Temporary restraining order or preliminary injunction bond required. A temporary restraining order or preliminary injunction shall not issue under this chapter, except upon the giving of a bond or security by the applicant, in the amount of $1,000, for the payment of such costs and damages as may be incurred or suffered by any party who is found to be wrongfully restrained or enjoined. A bond or security shall not be required of the State of New York, municipal corporations, or political subdivisions of the State of New York. § Sec. 2-17-10. Temporary restraining order; defendant's remedies. (a) Temporary restraining order to be vacated; inspection provision. (1) A temporary restraining order shall be vacated, upon notice to the Corporation Counsel, if the defendant shows by affidavit and such other proof as may be submitted that the public nuisance within the scope of this chapter has been abated. An order vacating a temporary closing order or a temporary restraining order shall include a provision authorizing agencies of the City to inspect the building, structure or real property, which is the subject of an action pursuant to this chapter, periodically without notice, during the pendency of the action, for the purpose of ascertaining whether or not the public nuisance has been resumed. Intentional disobedience of, or resistance to, an inspection provision of an order vacating a temporary restraining order, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than $1,000 or by imprisonment not exceeding six months, or by both. The Police Department shall, upon the request of the Corporation Counsel, or upon the direction of the Public Safety Commissioner, assist in the enforcement of an inspection provision of an order vacating a temporary restraining order. (2) A temporary restraining order may be vacated by the court, upon notice to the Corporation Counsel, when the defendant gives an undertaking and the court is satisfied that the public health, safety or welfare will be protected adequately during the pendency of the action. The undertaking shall be in an amount equal to the assessed valuation of the building, structure or real property where the public nuisance is being conducted, maintained or permitted or in such other amount as may be fixed by the court. The defendant shall pay to the City, in the event a judgment of permanent injunction is obtained, its actual costs, expenses and disbursements in investigating, bringing and maintaining the action. (b) Vacating a temporary injunction or a temporary restraining order. When the defendant gives an undertaking in the amount of the civil penalty demanded in the complaint together with costs, disbursements and the projected annual costs of the prosecution of the action to be determined by the court, upon a motion on notice to the Corporation Counsel, a temporary injunction or a temporary restraining order shall be vacated by the court. The provisions of the Civil Practice Law and Rules governing undertakings shall be applicable to this chapter. § Sec.2-17-11. Additional notice; release of information; proceeding to remove tenant (a) Upon the arrest and/or conviction of an individual for any of the above- enumerated offenses, the Corporation Counsel of the City of Utica shall notify the legal owner of record of the arrest and/or conviction by regular mail to the address on file with  the Assessor of the City of Utica. This provision shall not apply to § 2-17-12 below herein. (b) In the event that the owner of any building, structure, or real property commences a summary proceeding pursuant to Real Property Actions and Proceedings Law § 711, Subdivision 5, to remove a tenant arrested and/or convicted of any of the above-enumerated offenses, the City of Utica shall, if requested by the owner of record in writing, provide to the court having jurisdiction any and all releasable information in its possession which may support the owner's summary proceeding to evict the offending tenant. This provision shall not apply to §2-17-12 below herein. (c) In the event that the owner of any building, structure, or real property, upon notice from the City of Utica of an arrest and/or conviction, commences and concludes a summary proceeding to remove the tenant so arrested and/or convicted, whether the proceeding is successful or not, the arrest and/or conviction shall not be deemed a conviction pursuant to § 2-17-2. This provision shall not apply to § 2-17-12 below herein. § Sec. 2-17-12. Right to call for police and emergency assistance; victim protections. (a) Any person who is a victim of domestic violence, as defined in § 459(a) of the Social Services Law, or who otherwise believes they are in need of police or emergency assistance has the right to request such assistance and to be free of any direct or indirect penalty or reprisal for accessing assistance, or because they reside at a property where domestic violence or other law enforcement or emergency response activity occurred. No victim of conduct constituting a public nuisance herein shall be directly or indirectly penalized, or otherwise subject to reprisal by application of the Public Nuisance Abatement Law, including by termination or refusal to renew a tenancy or by eviction. These protections shall also extend to any residential occupant upon whose behalf a third party has called for police or emergency assistance. (b) Protections afforded by this provision are not applicable to breaches of lease, illicit activities or other violations of law. The protections shall not be deemed to prohibit the City of Utica from enforcing an ordinance or local law, nor restrict a landlord from terminating, evicting or refusing to renew a tenancy, when such action is premised upon grounds other than access of police or emergency assistance or is otherwise premised on conduct unrelated to the residential occupant's status as a target or victim of violence or harm. (c) Property owners shall be free of penalty for respecting the rights of an occupant to request police or emergency assistance. No landlord or other property owner shall be subject to fines or loss of permits or licenses by the City for failing to penalize or take steps to remove an occupant who has exercised rights under this chapter. § Sec. 2-17-13. Penalties for offenses. (a) It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any building, structure, or real property ordered closed by the Hearing Panel, Corporation Counsel or a court of competent jurisdiction. Mutilation or removal of a posted order of the Hearing Panel, Corporation Counsel or a court of competent jurisdiction while it remains in effect, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $1,000 or by imprisonment not exceeding 90 days, or both, provided that such order contains therein a notice of such penalty. The Utica Police Department shall,  upon the request of the Office of Corporation Counsel, or upon the direction of the Commissioner of Public Safety, assist in the enforcement of this chapter. (b) Any intentional disobedience or resistance to any provision of the orders and/or injunctions issued by the Hearing Panel, Corporation Counsel or a court of competent jurisdiction pursuant to this chapter, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $1,000 or by imprisonment not to exceed six months, or both. (c) It shall be a violation of this chapter for any person who receives notice of commencement of a summary proceeding pursuant to the Real Property Actions and Proceeding Law issued by an owner of a building, structure or real property in response to notification from the City of Utica of an arrest or conviction of any of the enumerated offenses herein thereafter intentionally to cause damage or intentionally allow others to damage any property, real or personal, of the owner. Such conduct shall be punishable by a fine of not more than $250 or by imprisonment not exceeding 15 days, or both. (d) Violations of this chapter may also be referred to the Code Enforcement Office or any other appropriate municipal department and be prosecuted pursuant to the Code of the City of Utica. § Sec. 2-17-14. Chapter not exclusive remedy. This chapter shall not be construed to exclude any other remedy provided by law for the protection of the health, safety and welfare of the people of the City of Utica. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES NAYS 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED / / 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 2 Submitted to council on: 07 / 11 / 25 Proposed Resolution No. Sent to Council Attorney on: 07 / 11 / 25 Thursday Rule Waiver Required? N Date of Legislation: 08 / 27 / 25 Explanation provided to council on: / / CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa RESCIND AND REPLACE SEC. 2-15-45 BE IT ORDAINED, that Section 2-15-45 be RESCINDED and REPLACED with the following: Section 2-15-45: Loitering, Aggressive Begging, Soliciting, Camping (a) Definitions. As used in this section, the following terms shall have the meanings indicated: Intimidate means to engage in conduct through words and/or physical actions which would make a reasonable person fearful or apprehensive for their personal safety. It shall include but not be limited to, coercion and threatening conduct. Loitering means to remain idle in essentially one location, including spending time idly, loafing, lingering, wandering and/or walking about aimlessly. Obstruct means to walk, stand, sit, lie or place an object in such a manner as to hinder or slow progress, to make accomplishment of obtaining a goal slower or more difficult, or to impede another person or vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or legally protest, or acts authorized by permit or otherwise in writing issued by the city or other governmental agency shall not constitute obstruction. Public Place shall mean any public or privately owned place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front, entryway, doorway, stairwell or vestibule and/or immediate access area to any store, shop, restaurant, tavern or other place of business, and shall also include public grounds, public monuments or statues, areas, parks, plazas, streets, sidewalks, stairwells, medians, parking lots, school grounds, trails and rights of way open to the use of the public. (b) Certain types of loitering prohibited. No person shall loiter in a public place in such manner as to: (1). Create or cause to be created a danger of a breach of the peace. (2). Create or cause to be created any disturbance or annoyance to the comfort and repose of any reasonable person. (3). Obstruct the free passage and uninterrupted use of the street, sidewalk, crosswalk or public place by any pedestrian or vehicle. (4). Cause or cause to be created an environment where any reasonable person would feel unsafe. (5). Obstruct, molest or interfere with any person lawfully in any public place. This subsection shall include the making of unsolicited remarks of an offensive, vulgar, coercive, threatening or insulting nature, and/or which are calculated to annoy or disturb the person to, or in whose hearing, they are made. Section 2-15-45 B Loitering for drug-related purposes in a designated area. (a) As used in this section, the following terms shall have the meanings indicated: Public place means any place to which the public or a substantial number of persons have access, including but not limited to any highway, street, sidewalk, right of way, park, playground, school, school grounds or transportation facilities. Designated area means any specific public place designated in writing by the chief of police as an area associated with the criminal sale of controlled substances [or marijuana] or other illegal substance as defined in New York State Penal Law. Loitering for drug-related purposes means remaining in any one public place, with or without one or more persons, under circumstances, actions and activities that would warrant a reasonable person to believe that the purpose of that behavior is to unlawfully sell or buy a controlled substance [or marijuana] or other illegal substance, as defined in New York State Penal Law. Public place means any public or privately owned place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front, entryway, doorway, stairwell or vestibule and/or immediate access area to any store, shop, restaurant, tavern or other place of business, and shall also include public grounds, areas, parks, plazas, streets, sidewalks, stairwells, medians, parking lots, school grounds, trails and rights of way open to the use of the public. Section 2-15-45-C Aggressive Begging The purpose of this section is to regulate acts of coercive and aggressive panhandling and acts of aggressive begging that occur at locations or under circumstances specified herein which create an enhanced sense of fear or intimidation in the person being solicited, or pose a risk to traffic and/or public safety. As used in this section, the following terms shall have the meanings indicated: Aggressive begging means to beg with the intent to intimidate or coerce another person into giving money or goods. Coerce or Coercive means to do any of the following with intent: (i.) To approach, speak or gesture to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with the commission of a criminal act upon the person, another person or personal property, including monies, in the person’s possession; or (ii) To approach within one foot of a person for the purpose of making a solicitation without obtaining said person’s initial consent; or (iii) To persist in a solicitation after the person solicited has given a negative response; or (iv) To block the passage of a person, pedestrian traffic a vehicle or vehicular traffic while making a solicitation; or (v) To engage in conduct that would reasonably be construed as intended to compel or force a person being solicited to accede to demands; or (vi) To make any false or misleading representation in the course of making a solicitation. Intimidate means to engage in conduct which would make a reasonable person fearful or apprehensive for their personal safety. It shall include but not be limited to coercion and threatening behavior Panhandling means: any means of asking, begging, requesting or pleading made in person, orally or in a written or printed manner, directed to another person, requesting an immediate donation of money, contribution, alms, financial aid, charity, gifts of items or service of value, or the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation. Obstruct means to walk, stand, sit, lie or place an object in such a manner as to hinder or slow progress, to retard progress, to make accomplishment of obtaining a goal slower or more difficult, or to impede another person or vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or legally protest, or acts authorized by permit or otherwise in writing issued by the city or other governmental agency shall not constitute obstruction. Public place shall mean any public or privately owned place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front, entryway, doorway, stairwell or vestibule and/or immediate access area to any store, shop, restaurant, tavern or other place of business, and shall also include public grounds, areas, parks, plazas, streets, sidewalks, stairwells, medians, parking lots, school grounds, trails and rights of way open to the use of the public. (i) It shall be unlawful for any person to aggressively beg in public places within the City. (ii) It shall be unlawful for any person to aggressively beg on private property if asked to leave by the owner or owner's representative, or if there is a sign posted on the private property that prohibits, in some manner, aggressive begging or solicitation. (iii) The following factors, while not dispositive of an actor's intent, shall be deemed admissible probative evidence, and may be considered in determining whether the actor intended to aggressively beg in violation of this section: (1) That the actor physically touches the person(s) solicited without consent or express invitation to do so; (2) That the actor follows the person(s) solicited without express invitation to do so and with the specific intent and actual effect of prolonging the solicitation encounter; (3) That the actor directs profane or abusive language, threatening, coercive or fighting words towards persons refusing the solicitation; or (4) That the actor threatens the person(s) solicited with physical violence or harm either verbally or through physical gestures designed to make a reasonable person fear for their safety. Section 2-15-45-D Solicitation on or near street or highway, Panhandling, Pedestrian Interference The purpose of this section is to prevent dangers to persons and property, to prevent delays, and to avoid interference with the traffic flow. Streets or highways that have center medians often are designed to deal with specific traffic flow problems. Any delay or distraction may interfere with traffic planning, flow and safety. It has been determined that persons standing near intersections and traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights cause such distractions and delays. (a) Unless expressly authorized by the City via a paid permit or other written permission, it shall be unlawful for any person to solicit or attempt to solicit employment, business, contributions or sales of any kind or collect monies for such from the occupant of any vehicle traveling upon any street or highway when: (i) Such solicitation or collection causes the person performing the activity to enter onto the traveled portion of a street or highway. (ii) Such solicitation or collection causes the person performing the activity to be located upon any median area, whether raised or on an even plane with the street or highway, which separates traffic lanes for vehicular travel. (iii) Such solicitation or collection causes the person performing the activity to locate him or herself such that vehicles cannot move into a legal parking area to safely conduct the transaction. (iv) For purposes of this section, the traveled portion of the street or highway shall mean that portion of any street or highway located within the city which can be used by moving motor vehicle traffic, including the gutter on the edge of any street or highway. Section 2-15-45-E Prohibited Camping (a) Definitions. As used in this section the following terms shall mean: Camp: means to set up or to remain in or at a campsite. Campsite: means any place for which no building or occupancy permit has been obtained from the City, where bedding, sleeping bag(s) or other material used for bedding purposes, or any stove or fire is placed, established or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. Public Place: shall mean any public or privately owned place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front, entryway, doorway, stairwell or vestibule and/or immediate access area to any store, shop, restaurant, tavern or other place of business, and shall also include public grounds, areas, parks, plazas, streets, sidewalks, stairwells, medians, parking lots, school grounds, trails and rights of way open to the use of the public. (b) Sleeping in Public Places Prohibited. (i) No person may sleep in public places at any time as a matter of individual and public safety. (ii) No person may sleep in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk. (iii) In addition to any other remedy provided by law, any person found in violation of this section may be immediately removed from the premises. (c) Camping Prohibited No person may occupy a campsite in or upon any sidewalk, street, stairwell, alley, lane, public right of way, park, bench or any other publicly-owned property or under any bridge or viaduct, unless: (i) otherwise specifically authorized by this Code (ii) via a formal authorization given by the Mayor in emergency circumstances, or (iii) upon Common Council resolution, the Council may exempt a special event from the prohibitions of this section, if the Council finds such exemption to be in the public interest. Any conditions imposed will include a condition requiring that the applicant provide evidence of adequate insurance coverage and agree to indemnify the City for any liability, damage or expense incurred by the City as a result of activities of the applicant. Any findings by the Council shall specify the exact dates and location covered by the exemption. (d) Removal of Campsite on Public Property Upon discovery of a campsite on public property, removal of the campsite by the City Police Department may occur under the following circumstances: (i) Prior to removing the campsite, the City shall post a notice at the campsite, 48-hours in advance requiring the removal of any and all personal property. (ii) At the time a 48-hour notice is posted, the City shall inform a local agency (delivering social services to individuals in vulnerable situations) of the location of the campsite. (iii) After the 48-hour notice period has passed, the City is authorized to remove the campsite and all personal property related thereto. (e) Personal Property Retained for evidence For purposes of this section, “personal property” means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value. Weapons, drug paraphernalia, items appearing to be stolen and/or evidence of a crime may be retained as evidence by the City Police Department until an alternate disposition is determined. (f) Other Prohibited Camping Camping is prohibited on or in all privately-owned property in the City; provided, however, that camping is permitted, subject to any other conditions, restrictions or prohibitions in this Code (including but not limited to City Zoning Code) on such property with the express permission and consent of the property owner. Penalty for violation of Section 2-15-45-A-E Loitering, Aggressive Begging, Soliciting, Camping Penalty: Any person committing an offense against this article shall be guilty of an offense punishable by a fine for First offense: A $25 fine, with judicial discretion for alternative sentences. Subsequent offenses: Could result in a maximum fine of $250 and up to 15 days in jail. Severability. Should any section or provision of this article be declared to be unconstitutional or invalid by the courts, such decision shall not affect the validity of the balance of this article. BE IT FURTHER ORDAINED, that the City shall establish and implement appropriate enforcement measures to uphold this ordinance while providing avenues for individuals in need of assistance to be connected to relevant social services and resources. BE IT FURTHER ORDAINED, that all city departments and officials are authorized and directed to take any necessary actions to carry out the provisions of this ordinance, ensuring proper public awareness, compliance and enforcement. BE IT FURTHER ORDAINED, that this ordinance shall take effect immediately upon passage and filing in accordance with applicable law.  MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES NAYS 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED / / 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 3 Submitted to council on: 07 / 11 / 25 Proposed Resolution No. Sent to Council Attorney on: 07 / 11 / 25 Thursday Rule Waiver Required? N Date of Legislation: 08 / 27 / 25 Explanation provided to council on: / / CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa ORDINANCE ADDING SECTION 2-15-11: REQUIRED GRAFFITI NOTIFCATION AND REMOVAL PROGRAM, TO THE CITY OF UTICA CODE OF ORDINANCES BE IT ORDAINED: that Section 2-15-11 be amended as follows: SECTION 2-15-11 Required Graffiti Notification and Removal Program: (a) Required Graffiti Notification: The owner of any private property in the City shall be contacted regarding any graffiti from such property within twelve (12) days of the graffiti’s appearance, if such graffiti are visible from the public right-of-way. (1) Property Included: For purposes of this section, "private property" shall include, but not be limited to, structures encroaching on any public right-of-way, including, but not limited to, news boxes, newsstands, dumpsters, trucks, vending carts, utility poles, public telephones, tree planters, and other items of street furniture. (b) Enforcement of Contact Procedures and Removal Program: The enforcement of Section 2-15-11 and Removal Program Policy are as set forth in Section s2-15-11-b.1 through 2-15-11-b.4 (1) Notice and contact: Upon discovery of graffiti on any private property in the City, any person authorized to enforce ordinances is authorized to issue a notice to the owner of such property, or to a responsible agent of such owner, that the graffiti should be removed within twelve (12) days. After twelve (12) days have elapsed from the issuance of such notice, any person authorized to enforce ordinances is authorized to issue notice to any person or to a responsible agent, alerting them of the City of Utica Graffiti of such person by way of reimbursement by the city or the signing of a waiver to allow authorized City personnel to enter premises and abate, (2) Removal Program Section: The City Urban and Economic Development Commissioner (Program Office) is hereby authorized and directed to administer a graffiti Removal Program to the owners of businesses or residential properties where graffiti is visible from a public right of way (i) The reimbursement shall be 100%, or balance of funds available in the budgetary fiscal year though Community Development Block Grant Funding Sources, of verified and certified, by the program office, of clean up and remediation costs of graffiti vandalism. (ii) Within 30 days of the completion of the permitted work, the property owner shall submit a signed claim to the office of the City Urban and Economic Development Department. (iii) The City Urban and Economic Development authorized to adopt reasonable rules and regulations for the purpose of implementing and interpreting the intent of this section based of Federal Housing and Urban Development (HUD) guidelines as HUD allows for graffiti removal under HUD category (§570.202) for property rehabilitation. (3) Abatement by City of Utica: If a property owner chooses to use the City of Utica as it's remediation choice a form will be provided for the owner to complete and will be a general release of liability and consent to enter property. (i) Language for Release Form: As the Property Owner or authorized representative of the Property Owner, I grant consent to the City to enter the property identified below in “Step 2” for the purpose of removing graffiti For the purposes of this Consent, “the City” means personnel and equipment of the City of Utica, and/or its contractors, subcontractors, or agents. The  City may remove graffiti in the manner it deems appropriate, including but not limited to, by power-washing, painting or the use of chemical solvents. The City will, in good faith, attempt to remove the graffiti from the property. However, by signing below, I understand that: 1) the graffiti removal services shall be performed as deemed appropriate by the City; 2) the City does not in any way obligate itself to perform any graffiti removal services other than those deemed appropriate by the City; and 3) the City assumes no responsibility if the area cleaned or painted by the City does not match the remainder of the property, or if some residue of existing graffiti remains. I release, indemnify and hold the City harmless from any liability for physical injury, death, or property damage arising from the performance of graffiti removal services on the property pursuant to this Consent, unless such liability arises entirely from the actions or conduct of the City. This Consent shall be effective until terminated in writing by the Property Owner, or by the Authorized Representative of the Owner. (4) Section Reserved for the Formation of Graffiti Zone (i) This Section is reserved for a future, Common Council zoned area that will allow for the use of graffiti and or artistic expression without the possibility of vandalism persecution. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES NAYS 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED / / 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Clerk’s Office Proposed Ordinance No. Submitted to council on: 07 / 28 / 25 Proposed Resolution No. 4 Sent to Council Attorney on: 07 / 28 / 25 Thursday Rule Waiver Required? N Date of Legislation: 08 / 27 / 25 Explanation provided to council on: / / CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Williamson, Colosimo- Testa, LoMedico AUTHORIZING SALE OF BEER AND WINE TO BANK OF UTICA WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common Council, except in certain instances where permission is granted by the Common Council. BE IT RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to: Name of Sponsor: Bank of Utica/F.X. Matt Brewery Name of Event: Bank of Utica’s New Year’s Eve Date of Event: Wednesday December 31st 2025, 7PM to 12:30AM Tuesday January 1st 2026 Location of Event: Genesee Street, between Devereux Street and Bank Place Utica NY 13501 BE IT FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted activity. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES NAYS 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED / / 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 5 Submitted to council on: 08 / 14 / 25 Proposed Resolution No. Sent to Council Attorney on: 08 / 14 / 25 Thursday Rule Waiver Required? N Date of Legislation: 08 / 27 / 25 Explanation provided to council on: / / CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa ORDINANCE AMENDING SEC. 2-14-141 DEFINITIONS BE IT ORDAINED, that Section 2-14-141 Definitions be amended to include the following: Pecuniary Gain Financial or monetary benefit, essentially any gain that can be measured in terms of money or something that has monetary value. It often involves profit, revenue, or anything that increases one’s wealth MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES NAYS 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED / / 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 6 Submitted to council on: 08 / 14 / 25 Proposed Resolution No. Sent to Council Attorney on: 08 / 14 / 25 Thursday Rule Waiver Required? N Date of Legislation: 08 / 27 / 25 Explanation provided to council on: / / CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa ORDINANCE AMENDING SEC. 2-14-143 EXEMPTIONS BE IT ORDAINED, that Section 2-14-143 Exemptions be amended to include the following: (8) No license will be permitted for pecuniary where a permit has been issued through the State Liquor Authority (Alcoholic Beverage Control Law “ABC Law”) or where there will be consumption of alcohol on premise unless intended for events such as a birthday party/reunion/wedding whereas pecuniary gain is not the intent, (example: ticket sales, ext.) while utilizing City land to have such a party in doing so subverting all the burdens of having such an event like rent of such a venue space, cleanup, utilities, sales tax, etc., hence subverting brick and mortar businesses like bars, restaurants, banquet halls, etc. Any violation will result in automatic revocation of license. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES NAYS 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED / / 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: LAW Proposed Ordinance No. 7 Submitted to council on: 08 / 20 / 25 Proposed Resolution No. Sent to Council Attorney on: 08 / 20 / 25 Thursday Rule Waiver Required? N Date of Legislation: 08 / 27 / 25 Explanation provided to council on: / / CITY OF UTICA Department of Legislation Common Council Sponsored By: ORDINANCE AUTHORIZING SALE AND/OR DISPOSAL OF SURPLUS CITY EQUIPMENT ORDAINED, pursuant to Section 7.007 of the Utica City Charter, the Mayor or his authorized representative is hereby authorized to sell and/or dispose of the City owned personal property described below. Such property shall be offered for sale after public advertisement to the highest responsible bidder, or in whatever manner the Mayor, or his authorized representative deems most appropriate. FURTHER ORDAINED, if, in the opinion of the Mayor or his authorized representative, the condition of the property is such that offering for sale at public auction would be futile, then the Mayor or his authorized representative is authorized of the equipment in whatever manner he or she deems advisable in the best interest of the City, including sale as salvage or disposal as solid waste. In such event, the City officers shall submit the details of any proposed disposition to the Board of Estimate and Apportionment for approval prior to such disposition, and it is FURTHER ORDAINED, in the event that no bids are received for any of such property or that the Board of Estimate and Apportionment determines that any such bids are not in the best interest of the City, the Board of Estimate and Apportionment is hereby authorized to dispose of such property in any manner that it deems to be in the best interest of the City and to make such disposition part of the public record of the proceedings of the Board of Estimate and Apportionment. FURTHER ORDAINED, any such sale or disposition is subject to the approval of the Board of Estimate and Apportionment. FURTHER ORDAINED, the property to be sold and/or disposed of is described as follows: IT Department: 1. Miscellaneous computer equipment located in the garage of City Hall (pictures attached) LAW Department: 2. Miscellaneous handheld tape/voice recording equipment MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES NAYS 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED / / 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  I. .' \ I I /' ' . 1 ,i. .t I .. i ;I I 1  CITY OF UTICA LAW Department 1 Kennedy Plaza, Utica, New York 13502 (315)792-0171 fax: (315)792-0175 THE OFFICE OF THE :MICHAEL P. GALIME CORPORATION COUNSEL MAYOR MEMORANDUM TO: MELISSA SCIORTINO: CITY CLERK HON. ANTHONY GARRAMONE MICHAEL GALIME, COMMON COUNCIL PRESIDENT MEMBERS OF THE COMMON COUNCIL FROM: STEPHANIE R. DIGIORGIO CORPORATION COUNSEL DATE AUGUST 22, 2025 RE: SALE OF AUCTION PROPERTY Enclosed for your review is legislation approving the sale of 2 properties that the City sold pursuant to a public auction that it acquired through foreclosures and nonpayment of taxes. The auction was held on July 16, 2025, totaling $2,250.00. The Board of E&A has already approved the sale with a Resolution on August 21, 2025. RD Attachment cc: Michael P. Galime, Mayor Mike Gentile, Chief of Staff Andrew Castilla, Deputy City Clerk Brian Thomas, Commissioner of Economic Development  Submitted to council by: LAW Proposed Ordinance No. 8 Submitted to council on: 08 / 21 / 25 Proposed Resolution No. Sent to Council Attorney on: 08 / 21 / 25 Thursday Rule Waiver Required? N Date of Legislation: 08 / 27 / 25 Explanation provided to council on: / / CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa By Councilmembers: SALE OF PROPERTY SOLD AT PUBLIC AUCTION ORDAINED, That pursuant to the Utica City Charter § 8.031 establishing the procedure for the sale of real property acquired for unpaid taxes, the Common Council does hereby approve the sale of the following property which was sold at public auction on July 16, 2025, and approved by the Board of Estimate & Apportionment on August 21, 2025: Tax Map # Location Lot Size Bidder Bid 319.72-1-44 507 Tilden Ave 26.5 x 120 Tracy and $750.00 Dennis Bova 307.13-2-72 0 Trenton Rd .33 acres Teresa Wojnas $1,500.00 Total: $2,250.00 MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES NAYS 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED / / 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi