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Buffalo Police Department
Mayor Byron W. Brown
Commissioner Daniel Derenda

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Quality of Life Charter and Codes

Class C - Drinking and/or Possessing Alcohol in Public Places and Vehicles-Chapter 69 Sections 1 & 2 – Fine $52.50

  1. Drinking in public places and vehicles prohibited: No person shall drink any alcoholic beverage, as the same is defined in section 3 of the Alcoholic Beverage Control Law of the State of New York, in any public place not duly Licensed to sell the same or in any moving, standing or parked vehicle in a public place.
  2. Possession: Possession of any open alcoholic beverage container by any person as described in the foregoing section 69-1 shall create the presumption that such person did drink or intends to drink the contents thereof in violation of this chapter.

Class C - Soliciting money-License Required-Chapter 316 Section 27 - Fine $52.50

  1. No person shall solicit money, donations, property or financial assistance of any kind or sell or offer to sell any article, service, publication, advertisement, ticket, chance or subscription on the direct or implied plea or representation that such solicitation, sale or offer is for charitable, educational, civic, patriotic, benevolent, religious or philanthropic purposes, upon the streets or public place of the City or by house-to-house canvass, or by telephone or by mail or in any other way, unless the person making the solicitation, sale or offer shall possess a license issued pursuant to the provisions of this article.
  2. Any person violating the provisions of this section may be liable for penalties as prescribed in Chapter 137, Article I, of this Code.

Class C - Upholstered Furniture on Open Porches Prohibited-Chapter 242 Section 3.1 - Fine $52.50

Upholstered furniture may not be located, store or used on any porch unless such porch is fully enclosed year-round in such a fashion as to prevent any access to or use of the furniture by rodents or other pests as harborage or nesting, or for nest-building material.

Class C - Improper Usage (Storage Location) of City Provided Receptacles or Totes-Chapter 216 Section 14 & 15 - Fine $52.50

Section 14:

  1. No person shall deposit or leave or cause or allow any agents, subordinates, occupants or employees to deposit or leave in any public street, curb line or public place any solid waste, unless the same is in proper receptacles, no earlier than 7:00 p.m. on the evening prior to the day of the regular collection as provided. All City-issued receptacles shall be removed from the street, curb line or public place following public collection and shall not be left in the street, curb line or public place after 8:00 p.m. on the day of regular collection. All garbage receptacles shall be kept in rear yards, or side yards if stored at least 10 feet from the front of the house, and may not be stored in the front of properties, unless authorization is received from the Commissioner of Public Works and Streets.
  2. Any person violating the provisions of this section may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Code Enforcement, Article I, of this Code

Section 15:

  1. The Commissioner shall designate days for the removal of solid waste from the several streets of the city, and on those days it shall be lawful for any person to place at the curb line in front of the premises occupied by him all solid waste collected from the lot owned or occupied by him in receptacles or plastic bags properly closed with a twist tie or string. The Commissioner is authorized to adopt rules and regulations for receptacles to provide for uniform types of receptacles. All owners shall assure that occupants comply with this requirement.
  2. All refuse offered for collection shall be divided into two classes, as follows:
    1. Class 1: combustible material. Such material may be placed in a receptacle with the garbage being covered by a properly fitted cover.
    2. Class 2: incombustible material. Such material shall not be placed in the same receptacles with combustible materials and garbage.

Class C - Garbage & Rubbish accumulation Chapter 3 Section 305.1 of Property Maintenance Codes of NYS - Fine $52.50

  1. Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse in accordance with the provisions of the Code of the City of Buffalo and also the following:
    1. In any dwelling two or more living units, it shall be prohibited to store or accumulate garbage or rubbish of any type in any public hall or stairway.
    2. Every dwelling shall be provided with adequate covered containers of nondestructible and noncombustible material, and every occupant shall dispose of all garbage or rubbish in a clean and sanitary manner.
    3. Every welling shall be provided with adequate garbage disposal facilities or covered containers off noncombustible and nondestructible material for garbage.
    4. No person shall place ashes, garbage, rubbish, filth, urine or fecal matter in any place in any dwelling other than the place provided therefor nor keep any such matter in his apartment or upon his premises or in his dwelling area such length of time as to create a nuisance.
  2. It shall be the duty of every owner of all multiple dwellings to provide proper, suitable and convenient receptacles or containers as outlined above, and it shall be the duty of all tenants of one- and two-family dwellings to provide the above-required receptacles or containers where suitable and proper garbage disposal systems are not available.
  3. Garbage chutes other than those directly connected to an incinerator shall be prohibited. All existing garbage chutes that are not directly connected to incinerators shall either be removed or all openings to the same permanently sealed.

Class D-Storage of unregistered motor vehicle more than 10 days - Chapter 511 Section 93 - Fine $75.00

The outside storage on private property is prohibited of any unregistered and/or unlicensed motor vehicle for a period longer than 10 days, unless such unregistered and/or unlicensed motor vehicle, notwithstanding the year in which the same shall have been manufactured, is, at all times while being so stored, kept in such condition and maintained with such equipment that it will meet the minimum requirements to pass the New York State motor vehicle inspection standards as provided by the Vehicle and Traffic Law of the State of New York and all rules and regulations promulgated by the Commissioner of Motor Vehicles for the periodic inspection of motor vehicles in the State of New York and as the same may be amended from time to time. This section shall not apply to an owner of such unregistered and/or unlicensed motor vehicle who is a member of the armed forces while serving on active duty. This prohibition shall not apply to the storage of such vehicles where the storage may be considered to be a legitimate accessory or implied part of a permitted use.

Class D-First Excessive Noise Violation (residential, public vehicle) - Chapter 293 Sections 4 amp; 7 - Fine $75.00

Section 4:

The following acts and the causes thereof are declared to be in violation of this chapter and to constitute unreasonable noise:

  1. The use of any sound-reproduction device outside a structure either on private property or on a public right-of-way or public space at any time within the residential areas or within the commercial areas which by causing noise, annoys or disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities. This provision shall not be construed to prohibit public performances being conducted in accordance with the provisions of a special permit granted by the city.
  2. The use of any sound-reproduction device inside a structure in such a manner as to result in the sound or any part thereof from such apparatus to be projected therefrom outside of the structure or out of doors at any time within the residential areas or during night hours in the commercial areas whereby the sound can be audibly heard more than one hundred (100) feet from the real property boundary line from which the noise emanates. Sound which crosses any real property boundary shall be deemed to be projected within the meaning of this chapter. Nothing within Subsections A and B herein shall be construed to prevent the operation of any such apparatus by any person within any building or structure, provided that the sound therefrom or any part thereof is not projected outside of any building or out of doors, or to prohibit the use of any apparatus with a person earphone so that the sound therefrom or any part thereof is not audible to persons other than the user of the earphone.
  3. The operation of any sound-reproduction device on a vessel so that the sound therefrom is audible on land, which annoys or disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities.
  4. To read the remainder of this summons, please refer to the City of Buffalo's Website.

Section 7: Penalties for offenses

  1. Any person violating the provisions of this chapter may be liable for penalties as prescribed in Chapter 137, Article I, of this Code and section 1-15 of the City Charter and Code which states: "Every violation of any of the Code of the City of Buffalo shall be punishable by a fine or penalty of not more than $1,500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment, for each offense, in every case wherein no punishment or fine for a violation there of is provided. Each day that a violation continues shall be deemed a separate violation, in addition to the aforesaid fines and penalties, a licensee who violates any provision of the Code shall be subject to a suspension or revocation of his license. Any payment returned by the Director of Treasury for insufficient funds will be subject to an additional charge as outlined in Chapter 175, Fees.
  2. A Buffalo police officer who in the course of his/her duties and with firsthand knowledge observes a person in violation of the City's noise ordinance may make and arrest without a warrant as authorized and provided by Criminal Procedure Law section 140.10. in the vent a police officer makes an arrest without a warrant pursuant to this chapter, he/she must without unnecessary delay bring the arrested person before a local criminal court and file an appropriate accusatory instrument charging the individual with the appropriate offense as required by Criminal Procedure Law section 140.20.
    1. Alternatively, the arresting officer may issue and serve an appearance ticket upon the arrested person and release him/her from custody, provided that the police officer who has issued and served the appearance ticket, at or before the time the appearance ticket is returnable files with the local criminal court in which the ticket is returnable an accusatory instrument charging the named person with the appropriate offense pursuant to this chapter and in accordance with Criminal Procedure Law sections 140 and 150.
    2. If the defendant does not appear in the designated local criminal court on the return date of the appearance ticket, the court may issue a summons or a warrant of arrest based on the accusatory instrument filed as authorized by all applicable provisions of the Criminal Procedure Law.

Class D - Deposits on streets or public places prohibited (littering, snow, yard debris, car fluids) Chapter 413 Section 4 - Fine $75.00

Section 4:

  1. No person shall place, put or deposit in or upon any public street, place or grounds any substance or material whatsoever, except as permitted by ordinance.
  2. No person shall sweep or permit any person in his employ to sweep from any building or lot, owned by or occupied by him or from the sidewalk in front of such building or lot or so load and operate a vehicle so as to permit the falling upon or deposit of any dirt, materials, paper, or rubbish of any kind into a public street or place, nor shall any person throw, scatter or place within the limits of any public street or place any paper, rags, dirt, garbage, ashes or any refuse whatever, except as permitted by ordinance.

Class F - Junk Vehicle on public or private property-Chapter 413 Section 4(F) - Fine $150.00

"Any person who willfully abandons any junk automobile on the streets or public property of the City of Buffalo or upon private property except at a place licensed by the city for dumping or at a city dump or at a licensed junk yard shall be subject to a fine or penalty as provided in Chapter 137, Article I of this Code."

Class F - Duty of Owner to Cut grass, Weeds, Brush-Chapter 3 Section 302.4 of Property Maintenance Code of NYS - Fine $150.00

"It shall be the duty of every owner, occupant or person having charge of lands within the City to cut down or cause to be cut down all overgrown weeds, grass, brush and other vegetation and to remove or cause to be removed all garbage and tree limbs or other debris on said land each and every year between May 1 and June 1 and so often thereafter as necessary to maintain such land in a sanitary and orderly condition."

Failure to comply with this section shall b constitute a violation of this section and shall be punishable by a Class F fine in the amount of $150. This shall be in addition to any other penalty provided in the Code of the City of Buffalo or in any other law.

Enforcing official; notification of noncompliance: it shall be the duty of the Commissioner of Street Sanitation to see that the provisions of this article are enforced. Where violations of this article exist, the Commissioner of Street Sanitation shall notify the owner of such land of the violation. Such notice shall give the owner five days to comply with this article. Such notice may be mailed by first class mail to the owner pursuant to Buffalo Charter Sec. 160. In the alternative, the notice may be personally served upon the owner by delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business.

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