Lark Street Area Public Safety Committee MeetingFriday, June 13, 20085:00 – 6:00 PMLark Street BID Offices245 Lark StreetAGENDA + indicates an attachment associated with the agenda item 1. Door Hanger Distribution Recap 2. Walk & Watch/Stoop Watch Program 3. Merchant Safety Education Forum 4. Park South Update 5. Neighborhood Crime Update+ 6. Pedestrian Safety+ 7. Gun Violence task Force Meeting+ 8. Other Business/New Topics Items for Future Discussion Block-by Block Initiative Aggressive Panhandling Ordinance Abandoned Shopping Carts Merchant/Resident Survey
Agenda Item #5 – Neighborhood Crime UpdateCBS 6 NewsCrimetracker Alert: Center SquareTeresa Priolo May 21, 2008 - 7:05PM About a month ago, The CBS 6 Crime Tracker team alerted you to a series of muggings on Lark Street. In many of those instances, the attacker was holding a knife to the victim and demanding money. Now we understand, the attacker is getting more aggressive. Crime Tracker has learned the Center Square Neighborhood of Albany, has set the scene for a recent rash of purse snatchings continues. This time, the attackers seem to be targeting women of all ages. The crimes have happened at the corner of Lancaster St. and Willett St, near the corner of Lark and Lancaster Streets, at the corner of New Scotland Ave and Madison Avenue. Our Crime Tracker team also learned of a mugging that occurred Tuesday May 20th, around 3pm on Willet street. The suspects in the purse snatchings appear to be a young man and woman. The male suspect is thought to be a light-skinned black male who's around 150 lbs., 5 feet 7 inches and 25 years old. So if you are wondering, "What do I do to stay safe?" Police urge you to remember there is always safety in numbers. Also, if you are approached, make sure to think fast and use common sense; failing to do so may get you hurt or even killed. Also, If you can, try and draw attention to yourself and your attacker. Police urge you should only fight back if you feel as though it's worth it. You can help police with your case by jotting down a license plate number or getting a detailed description. Then call police immediately with that information, while it's still fresh in your mind. Remember, you can also always use your cell phone to take pictures or capture video of an attack. That may also help police close the case.
6/10/2008 2PM
Dear valued neighbor,
There have been numerous car break-in's over the past weekend, and as
recently as last night, in and around the Lark St. neighborhoods and around
Wash. Park.
These cars have each had a window smashed during the evening, usually with
a brick. Valuables that were left visible on the seats have been taken.
The targets have NOT been GPS devices or car stereos.
If you have visitors coming, please also remind them to keep their
valuables hidden in the trunk of their vehicles.
Keep your home's lights on at night. When you're out, keep a careful watch
for a suspicious person peeking into parked cars. Call police immediately
if you think you see this suspect.
As always, if you have any information about public safety issues in the
neighborhood, please share this information with Albany Police (438-4000)
Hudson/Park Yahoo Group Posting 6/12/08 Neighbors - We have observed a few shifts in our immediate vicinity of Hudson/Park this spring. The area I refer to is Jefferson/Elm/Irving/Myrtle, between Dove and South Swan, near the State Museum and Lincoln Park. I wonder if anyone else is noting some of the same things that we are on Irving Street? Individually, these incidents are nothing that you wouldn't expect to see in any urban area, but collectively, they speak to the possibility of a larger problem - although nothing that cannot be addressed by vigilant residents willing to call the police. I have already described what I now believe was an isolated, one-time incident involving a large group of youths who more or less took over the end of our street for a half-hour a few weeks back, blocking traffic and generally sending a message that they weren't going to move unless the police moved them (which they did, promptly.) In the last few weeks, however, Jim and I have also noted an explosion of graffitti, especially on Jefferson and Elm. Several of our neighbors' buildings have been defaced, and one building - the freestanding garage at Elm and Dove that Jeanine and Wes Baird just sold - has been hit twice in three weeks. The new owners painted over the first hit very quickly, and reported it to the police, who came out and documented it. The same garage got hit again two nights ago, smack over the fresh paint. We have lived on Irving 4 1/2 years, and I have never seen graffitti like I'm seeing it now. The same tag - STW - is all over the place. I have spoken to the police, and it's difficult at first to get them to understand that you don't just want them to document individual incidents - you want to speak to them about general and increased enforcement. However, I've been advised to call the detectives today and speak to them directly, and I will do so. Last night, I was parking our car around 10 p.m. in an open, legal curbside space on Myrtle. A woman sitting on her stoop caught my attention as I was backing into this space on the public street, and told me that this particular space "belonged" to another resident on Myrtle. I responded that it was a public space on a public street, and she then told me, "OK, then, you can just take your chances there. Go ahead, just take your chances and leave your car there." I asked her, very politely, if she was threatening me, and she responded, "Do you want me to threaten you? Go ahead lady, just leave your car there and take your chances." Needless to say, Jim and I immediately called the police and reported this threat, and the police responded quickly and headed over to Myrtle. And, we left our car right where it was - we refuse to be intimidated, and if particular residents are going to start staking claim to public spaces, that won't be tolerated, or at least, it won't be tolerated by us. As I said, we've been here 4.5 years, and individually, none of these incidents surprise me. But collectively, I wonder if anyone has any input, thoughts, suggestions - clearly, a vigilant response by residents and the police helps. Any other ideas, especially about the graffitti, which I find very worrisome? Our house is unpainted brick, and I dread the thought of finding it defaced. - Darryl McGrath
Hudson/Park Yahoo Group Posting 6/12/08 Neighbors: Thank you for all of your responses. I did reach the South Station detective bureau this morning, got a helpful cop on the phone and got the sense that he really will call me back, as he promised. He asked a lot of detailed questions about the graffitti and also concurred with my concerns that a number of small incidents suggest, in totality, that yes, people are staking claim to turf, and that's a sign of increased gang activity. I intend to follow up, and, if necessary, take my concerns to a level about the local precinct. It wouldn't be the first time I've been in Phil Calderone's office pointing out that this is why people like us eventually bail on the city.
It is very difficult to prevail against situations such as the one described by Martin at the upper end of Irving. I know the house he described, and I think the suggestion of contacting the owner is excellent. Like Martin, I do not mind seeing a polite group of kids playing basketball in the street. But I do mind absentee landlords who never know what is going on at their property. Also, it's worth it to contact the city codes enforcement - as we learned a couple of years ago at the other end of Irving, when we went through hell's half acre to correct the bad situation at #5 Irving, it can be a violation of city codes if there are repeated calls to the police at an address, or repeated public disturbances. And, if any tenants are under the auspices of the Albany Housing Authority, the AHA will respond promptly to repeated police calls to that address. AHA tenants must comply with AHA rules, and repeated public disturbances are a violation of those rules. Repeat offenders lose their housing, or, if they are under the care of Albany County Mental Health, they are moved to a more appropriate placement.
Regarding that situation with #5 Irving: It was a valuable lesson in how long it can take to get a bad situation corrected. For those of you who remain unaware of what was happening there (and if you've spoken to me at a Christmas party any time in the last five years, you could not possibly be unaware!) - the house directly across the street from us was owned by a well-connected Albany slumlord who was leasing it to the Albany County Department of Mental Health, for the placement of clients from that county department. We had a succession of mental patients there who created constant public disturbances, and in most cases, these patients appeared to be noncompliant with their medications and also drinking heavily. As I always told every public official I spoke to about this - our concern was NOT that mental patients were placed there - our concern was that mental patients were living in a building code nightmare, in conditions of filth, without any apparent supervision. I work from home half the week, and I never saw case workers make routine visits to that house - they were only there during 911 emergency police responses.
For three years, the residents at the lower half of Irving lived with constant loud music; naked, drunk and raving mental patients kicking at their doors at 2 a.m., a parade of drunken street people in and out of the building, and one resident who left a number of threatening notes on our stoop after we called the police. We worried constantly that a fire would start in this house that might take down half the block, and Jim and I had a serious concern that this particular resident might set fire to our home. He also appeared to be threatening our tenant, who is a young African-Amercian? woman. Some of the notes he left on our stoop were incoherent, but the ones we could figure out appeared to be a direct threat to Chloe, and had a frightening and racist tone. Finally, he signed his name to one of these notes, and we were able to have him criminally charged. At that point, the DA's office worked with the Albany Housing Authority, and finally, we got action and got the house emptied out. It may have helped that a group of residents also had decided to band together and file suit against the county, and when I told that to a county official, things did start to finally move. The house was sold to a terrific new neighbor, and we have peace and quiet on our end of the street for the first time in three years. But it was hell - I cannot tell you how stressful this was, and how much precious time it took, including vacation days to appear in court twice. Jim and I came very close to selling our house and leaving downtown Albany in the midst of all of this. The Neighborhood Association, and Roger and Ellen in particular, were a huge help, as was Richard Conti.
This kind of situation is the kind of quality of life issue - akin to absentee landlords, graffitti and turf threats - that can drive you crazy. We did not buy our home in ignorance; if you choose to live in a downtown neighborhood, you have to be willing to get involved. But Jim and I sank a good part of our savings into this house, we've poured a lot of money and time and effort into it, and we both feel the jury is still out on which way our street, and our immediate neighborhood, will go. With two shootings in the last four years around the corner from us, and incidents such as the ones I have described earlier today, and in this note, we are not yet sure this is the house in which we will retire. But we are very sure we're not going to make it easy for anyone to convince us to move. - Darryl McGrath
I moved to Albany last August and have been in your ward since then. I am attending the downtown campus of the University at Albany in the graduate Political Science program. I frequent the pizza shops, bars, coffee shops, bookstores, and the YMCA in the neighborhood. I have had a great opportunity to see the various sights downtown, around Washington Park, and many other places in the city and surrounding region. I really enjoy living here, because it provides the urban amenities and a real community setting with the ability to quickly get out to shopping areas as well as wonderful state parks. One problem, however, with our neighborhood, that has me particularly disturbed is traffic. I don't mean the volume, because rarely is the traffic ever incredibly bad. I am talking about the WAY that people drive through this neighborhood. Although the streets are reasonably narrow and the speeds typically kept down, I rarely feel safe walking around the busier streets in our neighborhood (Lark, Delaware, Madison, Washington, and even sometimes State). On numerous occasions I have been honked at, sworn at, shouted at, laughed at, etc. for simply utilizing my right to walk in a crosswalk during a green light or at a crosswalk not near a light where pedestrians, by law, have the right of way.
Here is where I must confess that while I was born at St. Peter's Hospital here in Albany, I lived nearly my entire life in Minnesota. There are very few areas like this in that state, but even in less pedestrian friendly areas, drivers typically treat those who are walking with a reasonable amount of respect and restraint. I know how annoying it can be when you are trying to make a turn at a light and there is a stream of pedestrians, but to take that frustration out on the pedestrians is not only stupid, but usually results in an illegal and dangerous action. For example, when the city put up a "It's the Law: Yield for Pedestrians in the Crosswalk" sign along the Henry Johnson boulevard extension through Washington Park (near the end of Hudson), it helped for about a week. Then drivers went back to ignoring it and pedestrians, because of this fact, are typically afraid to attempt to walk across until there are no cars coming. Tonight I was walking over to the Price Chopper on Delaware, crossing Lark Street from the corner of the Dunkin Donuts to the Indian restaurant and two guys in a truck HONKED and SWORE at me because I was in there way, even with a green light. They told me to "Get my f-in a$$" out of the road because I was walking too slowly (apparently I should run across a crosswalk on a green light?).
This attitude is unfortunately not the exception, but the norm. I urge you to request police patrols in our area, NOT for bar fights or teenagers stabbing each other, but for TRAFFIC violations. An officer on a bicycle could have stopped those guys tonight without any trouble. I also urge you to have officers posted at crosswalks that ACTUALLY ticket violators. One day I watched an officer in a squad car in Washington Park simply watch as pedestrians were unable to cross because NO DRIVERS were stopping for them, even though I can't imagine the officer was situated in that position for any other reason.
I made a conscious decision to live in this neighborhood, partially because I can get easily from here to most other places in Albany without having to drive. I shouldn't be punished for that decision because others feel their right to drive a two-ton piece of metal straight over me trumps my right to walk in a crosswalk on a green light. I am continually shocked by the lack of respect drivers show to anyone on a bike/rollerblades/skateboard or walking. I ask for your kind consideration of my concerns and that you would take them to the council. I know that I am not alone in these concerns, although others may not have the experiences from other places across the country to know that it can and SHOULD be different.
City of Albany Gun Violence Task ForceFOR IMMEDIATE RELEASE: June 17, 2008 FOR MORE INFORMATION: Cashawna Parker at (518) 434-5087 Public Notice The City of Albany Gun Violence Task Force was created by Albany City Ordinance Number 71.11.06. The Task Force shall be completed within one year after the appointment of its members at which time the Task Force will cease to exist. Common Council appointments were made by Resolution Number 71.111.07R at the Common Council Meeting of November 5, 2007. The Task Force meets twice a month on the first and third Tuesday of each month. The next meeting will be Tuesday, June 17th at 4:00 P.M. It will be held at First Israel AME Church, 381 Hamilton Street. The meeting is open to the public.
By fowlerp
on Sun 01 of June, 2008 12:52 CDT
MEDIA ADVISORY - Residents Urged to Keep a Light on at Night for Safety
MEDIA ADVISORY
From the Lark Street Area Public Safety Committee
For immediate release: Contact: Michael Weidrich,
Monday, May 12, 2008 434-3861
Residents Urged to Keep a Light on at Night for Safety
Volunteers will be canvassing the Center Square, Hudson Park, South Park and Washington Park neighborhoods on Saturday, May 17, to urge residents to keep an outside light on at night.
The volunteers will distribute door hangers with that message and other crime prevention tips. They will also talk to neighbors about how they can get involved in improving and enhancing the quality of life in the Lark Street area. The outreach effort is sponsored by the Lark Street Area Public Safety Committee.
“These historic neighborhoods are among the most vibrant and diverse communities in the City of Albany, providing a unique urban experience, close to downtown and the State Capitol,” said Richard Conti, 6th Ward Council Member and Chairman of the Public Safety Committee. “These neighborhoods are safe places to live and work, but more can be done to make them safer.”
Keeping a porch or stoop light on at night is an effective and inexpensive way to discourage crime. A 60 watt incandescent bulb consumes about 10 cents worth of electricity in 12 hours. Compact fluorescent light bulbs, or CFLs, require only a fraction of the energy and last longer than traditional bulbs.
The Lark Street Area Public Safety Committee was created last year by the Lark Street Business Improvement District (BID) in cooperation with the four neighborhood associations, the Albany Police Department and elected officials.
“This effort is not just about public safety. It’s also about building a sense of community and getting people involved,” Michael Weidrich, executive director of the Lark Street BID. “If we all look out for each other and work together to address neighborhood concerns, we’ll all be better off.”
Volunteers will meet at the Lark Street Bid Office, 245 Lark St., between 8:30 a.m and 9 a.m. for coffee and doughnuts before heading out to their assigned areas.
By fowlerp
on Sun 01 of June, 2008 12:11 CDT
Dove Street Lighting
Lark Street Area Public Safety Committee
Dear Neighbor,
I am writing on behalf of the Lark Street Area Public Safety Committee regarding street lighting issues on Dove Street.
Many of us have long been concerned about the dim lighting on Dove Street between State and Hamilton Streets. The lighting on these blocks, particularly during the warmer months when the trees are in full growth, appears insufficient and is dimmer than the lighting on other blocks.
This is also a major corridor for both pedestrians and motor vehicles.
Beyond pedestrian and vehicle issues, many feel it is important to increase the wattage of the streetlights on these blocks as a way of addressing personal safety concerns on streets that are poorly lit. This includes residents, guests, visitors, etc.
Responding to the long-term concerns of neighborhood residents and various groups, the Albany Police Department has been in discussion with National Grid to increase the wattage of streetlights along Dove Street (but not replace them).
If there are some among us who live on the blocks of Dove Street in question, and are strongly opposed to the additional lighting, we'd appreciate your input.
Should this project happen, we'd like to see it done before the warmer months are upon us, as that is when the need is the greatest. Timely comments would be appreciated so the neighborhood can build a consensus.
Any questions or comments about this from Dove Street neighbors can be addressed directly to Doug Ebersman, co-organizer of Lark Street Community Watch (contact information below).
Sincerely,
Richard Conti
Chair
Lark Street Area Public Safety Committee
(Please, no media inquiries)
Douglas Ebersman
Lark St. Community Watch co-organizer
(518) 449-5069
(alternate)
By fowlerp
on Sun 01 of June, 2008 12:10 CDT
DRAFT (1/10/08) – Capital Neighbors Article
DRAFT (1/10/08) – Capital Neighbors Article
Uniting on Public Safety
Lark Street Area Public Safety Committee Forms
Ensuring public safety is a key component of building strong neighborhoods and vibrant commercial districts. The effort can’t rely solely on public agencies; it must involve building community partnerships.
Late last year, that effort began in the neighborhoods that comprise the Lark Street area community and it coincided with efforts of the Lark Street Business Improvement District (BID) to re-examine and revitalize its committee structure, including the committee that deals with BID security issues. The result is a new partnership that unites neighborhood and merchant voices on public safety.
The Lark Street Area Public Safety Committee has been meeting on an interim basis since November of last year focusing on structure and mission; a more permanent committee is expected to be in place in February.
Our goal is to create a forum to identify public safety issues and concerns within the Lark Street area and methods to address those issues and concerns and identify potential resources. The Committee also seeks to serve as a liaison between the Lark Street area community and the Albany Police Department (APD).
Our focus is on Lark Street and the surrounding residential neighborhoods since there is a shared need to maintain safe neighborhoods for residents, businesses and visitors.
Committee membership is representative of the BID and surrounding residential community and also includes the local elected officials and a representative of the APD who also serves as a liaison.
The Committee is expected to meet monthly to review public safety issues and bring neighborhood and community issues to the table.
Some initial committee initiatives include distribution of a brochure developed by the APD on preventing motor vehicle theft and break-ins; reinvigorating the Lark Street Community Watch, which includes the neighborhood walk and watch program, development of a door hanger for distribution through area neighborhood associations on the importance of front door stoop lighting.
As the committee moves forward we’ll also be identifying opportunities for public safety education geared toward crime prevention and detection for both residents and merchants. We’ll also be looking at crime statistics to help identify particular needs.
We’re working with the four neighborhood associations (Center Square Association, Hudson/Park Neighborhood Association, Park South Neighborhood Association and Washington Park Neighborhood Association) and the Lark BID to identify members, but you don’t have to be a member of a neighborhood association to participate in the committee.
Public safety is a year around concern, not just an ad hoc response when there’s an unfortunate incident.
With the recent reorganization of the Albany Police Department and changes in neighborhood beat patrols, it’s important that the neighborhood and merchant community within our area speak with one untied voice. The Lark Street Area Public Safety Committee is the forum that will bring us together.
But it also recognizes that we’re not separate neighborhoods, but one community that can and must work together to maintain and improve the levels of public safety we should expect. This is a unique partnership and a sign of community strength.
If you’d like more information on this initiative, or would like to get involved, contact myself (Richard Conti at ) or Michael Weidrich at the Lark BID (Michael@Larkstreet.org).
By fowlerp
on Sun 11 of May, 2008 14:42 CDT
AGENDA - Friday, May 9, 2008
Lark Street Area Public Safety Committee Meeting
Friday, May 9, 2008
5:00 – 6:00 PM
Lark Street BID Offices
245 Lark Street
AGENDA
+ indicates an attachment associated with the agenda item
1. Door Hanger Distribution+
2. Letter on Release of Offenders into the Neighborhood +
A
Agenda Item #2 – Letter on Release of Offenders into the Neighborhood
DRAFT April 7, 2008
VIA FIRST CLASS MAIL
District Attorney David Soares Presiding Judge
6 Lodge Street NYS Office of Court Administration
Albany, NY 12207 4 ESP, Suite 2001
Empire State Plaza
Albany, NY 12223-1450
Commissioner Commissioner
New York State Division of Parole N.Y.S. Division of Criminal Justice Services
97 Central Avenue 4 Tower Place
Albany, NY 12206 Albany, New York 12203-3764
State Director
N.Y.S. Division of Probation and Correctional Alternatives
80 Wolf Road
Albany, New York 12205
Re: Case Nos. XXX-XXX and XXX-XXX; Offenders Jane Doe, names, etc; and the burglaries of addresses on dates
Gentlemen:
We, the undersigned, represent the political and community leadership of the Center Square, Hudson/Park, Park South and Washington Park neighborhoods of the City of Albany (otherwise referred to as the “Lark Street Area” or “Capitol Hill”).
We write to you to ask for your assistance and for a commitment of time to, and the willingness to engage in, a dialogue with us concerning public safety and broader quality of life issues in our neighborhood.
We have previously requested and received a similar commitment to open dialogue and assistance from the Albany Police Department (“APD”), and the officers assigned to our neighborhood. We are pleased by the APD’s willingness to listen to our neighborhood’s concerns, and by the assistance the APD has given us in working to better the quality of life where we live.
As you may be aware, the Lark Street Area is an active and vibrant economic zone in the City of Albany, and is a diverse neighborhood composed of civically engaged professionals and other middle-class residents. Despite the beauty of our homes and the quality and variety of restaurants, retail establishments, art galleries and entertainment venues however, a perception has arisen in the media and potential visitors that our neighborhood suffers significant crime problems. We need your help in altering those impressions and in addressing the public safety and quality of life challenges that have given rise to the bad press we have suffered in the past.
Last summer, the Center Square and Hudson/Park neighborhoods were the focus of a string of burglaries. The persons charged with those crimes were Matt? and Matt?, both of whom were arrested, arraigned, tried, sentenced and, we would assume, incarcerated. However, we have discovered that those same individuals were previously incarcerated on Matt?-date and Matt-date?, respectively, for the same or similar offenses to those they were arrested for in the summer of 2007.
We find ourselves at a loss to explain how these criminals could be arrested for burglaries, but out on the streets again quickly enough so that they could resume their criminal activities in our neighborhoods only a few months later. We are turning to each of you, therefore, to help us to understand how these criminals could be released so quickly back into our neighborhood to commit more crimes, and why neither we, nor our neighborhood officers, received any notice. The result of that lack of notice was that our neighborhood suffered a downturn in visitors, our residents were worried and felt unsafe, and the Albany Police Department spent a great deal of effort tracking down and re-arresting offenders that it had recently dealt with.
We would like to propose the following areas where your offices could be helpful to us in combating our neighborhood’s public safety challenges, and in addressing the negative impressions created by last summer’s crimes. First, we would like a commitment from each of your offices to opening and maintaining a dialogue with our neighborhoods, so that we will learn about public safety challenges from you directly, rather than via alarmist newspaper reporting of “crime waves.” Second, we would like each of your offices to designate an individual who can appear at least one time per quarter to each of our neighborhood association’s monthly meetings, so that we can get a report on issues of concern to our neighborhoods; or, alternatively, we would like you to designate an individual to appear at our monthly Lark Street Area Public Safety Committee for at least the next six months so that we can begin the dialogue, and then determine the utility of such individuals appearing at individual neighborhood association meetings.
We demand a great deal of the APD, and it is only fair that we support them when they are providing the services we need. We believe that by finding areas where we can help you deliver better services to our neighborhoods, we will be helping ourselves and our partners at the APD. We are committed to continuing to improve the neighborhoods we represent, and we would be gratified to have your partnership in that task.
Sincerely
Roger Bearden Richard Conti Paul Fowler Jeffrey Gritsavage
H/PNA President Common Council CSA President Lark St. BID Pres.
Andrew Harvey Christopher Higgins William Pettit
PSNA President County Legislator WPNA President
Agenda Item #3 – Leonard Farmer Update
Richard,
You might want to forward my note to the public safety committee.
Leonard Farmer, as in the link above, the man arrested for the previous
string of burglaries in our neighborhoods, has been sentenced to prison,
with an earliest release date of 5/2012. (4 years).
I do not know if this is an appropriate sentence for a man of his
background or if this is the maximum sentence that the DA's office could
request with the evidence that was presented, and am not qualified to make
this judgement. However, he is someone the Public Safety Committee is
addressing in our letter to the DA's office that Rich Berkely drafted and I
just wanted to share this information.
Sincerely,
Doug
Douglas Ebersman, Lark St. Comm. Watch
(518) 449-5069
(alternate)
Leonard Farmer
Identifying and Location Information
As of 05/08/08
DIN (Department Identification Number)
08A2214
Inmate Name FARMER, LEONARD
Sex MALE
Date of Birth 05/21/1959
Race / Ethnicity
BLACK
Custody Status
IN CUSTODY
Housing Releasing Facility
DOWNSTATE
Date Received (Original)
04/23/2008
Date Received (Current)
04/23/2008
Admission Type
NEW COMMITMENT
County of Commitment
ALBANY
Latest Release Date / Type (Released Inmates Only)
Crimes of Conviction
If all 4 crime fields contain data, there may be additional crimes not shown here. In this case, the crimes shown here are those with the longest sentences.
As of 05/08/08
Crime Class
BURGLARY 2ND C
Sentence Terms and Release Dates
Under certain circumstances, an inmate may be released prior to serving his or her minimum term and before the earliest release date shown for the inmate.
As of 05/08/08
Aggregate Minimum Sentence
000 Years, 00 Months, 00 Days
Aggregate Maximum Sentence
005 Years, 00 Months, 00 Days
Earliest Release Date
05/01/2012
Earliest Release Type
CONDITIONAL RELEASE DATE
Parole Hearing Date
03/2012
Parole Hearing Type
RELEASE CONDITIONS
Parole Eligibility Date
Conditional Release Date
05/01/2012
Maximum Expiration Date
01/21/2013
Maximum Expiration Date for Parole Supervision
Post Release Supervision Maximum Expiration Date
Parole Board Discharge Date
Leonard Farmer
Identifying and Location Information
As of 05/08/08
DIN (Department Identification Number)
06A3907
Inmate Name FARMER, LEONARD
Sex MALE
Date of Birth 05/21/1959
Race / Ethnicity
BLACK
Custody Status
DISCHARGED
Housing Releasing Facility
SING SING
Date Received (Original)
07/13/2006
Date Received (Current)
07/13/2006
Admission Type
County of Commitment
ALBANY
Latest Release Date / Type (Released Inmates Only)
01/25/07 RELEASE TO ANOTHER AGENCY
Crimes of Conviction
If all 4 crime fields contain data, there may be additional crimes not shown here. In this case, the crimes shown here are those with the longest sentences.
As of 05/08/08
Crime Class
ATT BURGLARY 2ND D
Sentence Terms and Release Dates
Under certain circumstances, an inmate may be released prior to serving his or her minimum term and before the earliest release date shown for the inmate.
As of 05/08/08
Aggregate Minimum Sentence
000 Years, 00 Months, 00 Days
Aggregate Maximum Sentence
002 Years, 00 Months, 00 Days
Earliest Release Date
Earliest Release Type
Parole Hearing Date
12/2006
Parole Hearing Type
RELEASE CONDITIONS
Parole Eligibility Date
Conditional Release Date
02/17/2007
Maximum Expiration Date
05/31/2007
Maximum Expiration Date for Parole Supervision
Post Release Supervision Maximum Expiration Date
02/16/2010
Parole Board Discharge Date
Agenda Item #8 – Pedestrian Safety
E-mail Regarding Pedestrian Safety
Dear Councilman Conti,
I moved to Albany last August and have been in your ward since then. I am attending the downtown campus of the University at Albany in the graduate Political Science program. I frequent the pizza shops, bars, coffee shops, bookstores, and the YMCA in the neighborhood. I have had a great opportunity to see the various sights downtown, around Washington Park, and many other places in the city and surrounding region. I really enjoy living here, because it provides the urban amenities and a real community setting with the ability to quickly get out to shopping areas as well as wonderful state parks. One problem, however, with our neighborhood, that has me particularly disturbed is traffic. I don't mean the volume, because rarely is the traffic ever incredibly bad. I am talking about the WAY that people drive through this neighborhood. Although the streets are reasonably narrow and the speeds typically kept down, I rarely feel safe walking around the
busier streets in our neighborhood (Lark, Delaware, Madison, Washington, and even sometimes State). On numerous occasions I have been honked at, sworn at, shouted at, laughed at, etc. for simply utilizing my right to walk in a crosswalk during a green light or at a crosswalk not near a light where pedestrians, by law, have the right of way.
Here is where I must confess that while I was born at St. Peter's Hospital here in Albany, I lived nearly my entire life in Minnesota. There are very few areas like this in that state, but even in less pedestrian friendly areas, drivers typically treat those who are walking with a reasonable amount of respect and restraint. I know how annoying it can be when you are trying to make a turn at a light and there is a stream of pedestrians, but to take that frustration out on the pedestrians is not only stupid, but usually results in an illegal and dangerous action. For example, when the city put up a "It's the Law: Yield for Pedestrians in the Crosswalk" sign along the Henry Johnson boulevard extension through Washington Park (near the end of Hudson), it helped for about a week. Then drivers went back to ignoring it and pedestrians, because of this fact, are typically afraid to attempt to walk across until there are no cars coming. Tonight I was walking
over to the Price Chopper on Delaware, crossing Lark Street from the corner of the Dunkin Donuts to the Indian restaurant and two guys in a truck HONKED and SWORE at me because I was in there way, even with a green light. They told me to "Get my f-in a$$" out of the road because I was walking too slowly (apparently I should run across a crosswalk on a green light?).
This attitude is unfortunately not the exception, but the norm. I urge you to request police patrols in our area, NOT for bar fights or teenagers stabbing each other, but for TRAFFIC violations. An officer on a bicycle could have stopped those guys tonight without any trouble. I also urge you to have officers posted at crosswalks that ACTUALLY ticket violators. One day I watched an officer in a squad car in Washington Park simply watch as pedestrians were unable to cross because NO DRIVERS were stopping for them, even though I can't imagine the officer was situated in that position for any other reason.
I made a conscious decision to live in this neighborhood, partially because I can get easily from here to most other places in Albany without having to drive. I shouldn't be punished for that decision because others feel their right to drive a two-ton piece of metal straight over me trumps my right to walk in a crosswalk on a green light. I am continually shocked by the lack of respect drivers show to anyone on a bike/rollerblades/skateboard or walking. I ask for your kind consideration of my concerns and that you would take them to the council. I know that I am not alone in these concerns, although others may not have the experiences from other places across the country to know that it can and SHOULD be different.
REV. JOHN U. MILLER (CHAIR)
MICHAEL P. MCDERMOTT, ESQ.
REV. DR. EDWARD B. SMART (VICE CHAIR) DR. LEONARD I. MORGENBESSER
ALLISON BANKS ROBERT L. SERENKA, JR., ESQ.
HON. BETTY BARNETTE HON. P. DAVID SOARES
REV. VALERIE FAUST CHIEF JAMES W. TUFFEY
LESLIE FISHER, M.P.H. DR. ROBERT E. WORDEN
HON. GERARD E. MANEY
CITY OF ALBANY GUN VIOLENCE TASK FORCE
Interim Report to the Common Council
April 21, 2008
I. Mission Statement
The mission of the Albany Gun Violence Task Force is twofold: assessment and recommendation.
To the end of assessment, it is our purpose:
1. To ascertain the root causes of gun violence;
2. To examine the manifestations of gun violence; and
3. To engage in dialogue with the people concerning gun violence.
To the end of recommendation, it is our purpose:
1. To identify resources to address gun violence;
2. To suggest a strategy to alleviate gun violence; and
3. To recommend programs to combat gun violence.
It is our intention to develop a working partnership inclusive of the Task Force, city agencies, existing programs, and the citizens of Albany to fulfill the purposes identified.
II. Structure
Reverend Dr. Edward B. Smart was appointed Vice Chair of the Task Force.
The Task Force formed three Committees: Data, Prevention, and Community Action a/k/a “Street”. These self-directed bodies have identified and defined their purpose, scope and activities. Each Committee has reported out as indicated in Section IV below.
The Common Council provided the Task Force with an Intern, Tehra Coles, a student at Albany Law School, to:
• Attend meetings, take and provide minutes;
• Undertake research as directed by the Task Force;
• Assist in writing Task Force reports;
• Supervise volunteer community members; and
• Other such tasks as assigned.
III. Meetings
The Task Force has conducted ten of twenty-four regular meetings. These meetings are held on the first and third Tuesdays of each month and are open to the public. The Task Force has also conducted one Public Forum, held at Philip Livingston School, on March 25th, attended by 85-90 members of the community. The Task Force intends to conduct further Public Forums at different locations around the City.
The Task Force prepared a list of individuals and groups it intends to meet with over the course of its year-long span, including: Harris Oberlander and Lisa Good (Trinity Institution), representatives from the School District and Teacher’s Union, Dr. James Crucetti (Albany County Department of Health), Ron “Cook” Barrett (City of Albany Department of Youth and Workforce Services Gang Prevention Program Coordinator), John Cutro (Restorative Justice), Dr. Mark Gestring (Trauma Surgeon at Strong Memorial Hospital) and a representative from the All City PTA.
On March 4, the Task Force met with Dr. Mark Gestring, head of the Trauma Unit at Rochester’s Strong Memorial Hospital. He has created a program aimed at stopping repeat gun violence by mobilizing resources in the emergency room after a penetrative injury (gun shot or knife wound). The program began with the founders making the following key assumptions: (1) no child should ever be shot or stabbed, (2) the injury was probably due to some sort of high-risk activity, (3) Children under the age of 18 typically have someone answerable for their behavior (parent or guardian), (4) Youth who have been shot or stabbed once are more likely to be shot or stabbed again. The program has no funding of its own, but relies on several individual agencies that are brought to bear after the patient is stabilized in the emergency room. This screening process determines where the patient will go if he or she is released, may recommend a psychiatric exam and admission to the hospital and recommends service providers to be deployed within the 24 hours following the injury.
On March 18, the Task Force met with Lisa Good of Trinity Institution. She identified the need for a “coordinated community response” to be mobilized after a shooting to mitigate further violence. This would consist of individuals who have been trained in recognizing and addressing Post Traumatic Stress Syndrome. These resources would be coordinated by a lead organization and available to be deployed immediately after an incident and throughout subsequent days (e.g. funerals, community meetings, etc.).
IV. Committee Reports
Data Committee
Hon. Gerard E. Maney
Dr. Leonard I Morgenbesser
Dr. Robert E. Worden
The Data Committee is performing three tasks:
• to collect and analyze quantitative and qualitative data on risk factors for gun violence in Albany, which may serve to focus potential interventions on conditions that contribute to gun violence;
• to collect and analyze information on violent crime and, in particular, firearms-related crime in other municipalities, to better understand Albany in the context of American urban violence; and
• to collect information on demonstrably effective interventions, organized around the risk factors toward which those interventions are directed, and on the existence and capacity of evidence-based programming in Albany.
The performance of the first task will build on the Worden and McLean? report, Violent Crime in Albany, which includes, in partial satisfaction of the Common Council’s mandate in paragraph A of § 42-76, information on the “number and types of gun related offenses … in the City of Albany from the year 2000 through 2006.” Our attention to risk factors for violence will be guided by extant, scientifically validated research on violence, including distillations of research by expert panels convened by the National Research Council. We have conducted some additional analysis of shootings, and particularly the ages of people involved in shooting incidents, and we will explore the prospects for further analysis of police department data, other numerical data, and of qualitative data to better describe the contours of gun violence in Albany, and to reach informed conclusions about risk factors for gun violence in this city. We are also exploring the utility of analyzing media coverage of gun violence, as an influence on and indicator of public perceptions and policy preferences.
The performance of the second task will be based mainly on Uniform Crime Report information on crime in cities whose populations are comparable to that of Albany, and especially cities that are located in northern, industrial states whose economic conditions can be expected to resemble those of Albany. We are identifying cities whose 2000 rates of violent crime were similar to that of Albany in 2000, with attention to the trends in violent crime in 2001-2006, and also cities whose 2006 rates of violent crime were similar to that of Albany in 2006, with attention to the trends in violent crime in 2000-2005. We will also use extant information on patterns of gun violence in other cities as a point of comparison with that in Albany.
The performance of the third task includes a review and assessment of evidence on programmatic and other interventions, including prevention, treatment, and enforcement, and a review of current programs and practices in Albany. The Center for the Prevention of Violence, at the University of Colorado, has identified violence prevention programs whose effectiveness has been established through research; “the project, called Blueprints for Violence Prevention, has identified 11 prevention and intervention programs that meet a strict scientific standard of program effectiveness” (http://www.colorado.edu/cspv/blueprints/index.html ). In addition, the Office for Juvenile Justice and Delinquency Prevention (OJJDP) has established a model programs guide that “is designed to assist practitioners and communities in implementing evidence-based prevention and intervention programs that can make a difference in the lives of children and communities” (http://www.dsgonline.com/mpg2.5/mpg_index.htm ). We are also assembling information on promising hospital-based interventions, such as Baltimore’s Violence Intervention Program, about which some evidence on effectiveness has accumulated. We are using these resources to identify programming that may be suitable for adoption in Albany, and we will take stock of current programming to identify gaps that might be filled.
Prevention Committee
Hon. Betty J. Barnette
Leslie Fisher
Michael P. McDermott?, Esq.
Rev. John U. Miller
Robert L. Serenka, Esq.
The Prevention Committee is performing three tasks:
• to define “prevention” within the context of gun violence in Albany and identify causes of such violence;
• to investigate prevention and intervention programs and policies from other municipalities; and
• to draft recommendations consistent with the aim of reducing gun violence in Albany.
With regard to the first task, the Committee has constructed a working model of the causes of gun violence in Albany, which can be separated into root and immediate causes:
1) Root causes: lack of education, poverty, feelings of hopelessness, non-supportive or negative home environment, and poor self-image or identity.
2) Immediate causes: triggers for gun violence include disputes over drugs, turf, and women, for perceived slights over respect (the lack thereof), and for revenge/retaliation for prior violence.
With regard to the second task, the Committee has met with Hon. Michael Green, District Attorney of Monroe County, and Dr. John Klofas, Professor of Criminal Justice at Rochester Institute of Technology, to discuss the programs and experience of efforts to reduce gun violence in Rochester and Monroe County. These programs are generally focused on making carry and use of a handgun a costly proposition by developing strategies to reduce the number of guns proximate to crimes. These strategies include maximum sentences for gun crimes, identifying and targeting high risk places and people, “call-ins” with chronic offenders, their families, support groups and associates, and programs to replace the role of gangs in youth’s lives.
The Committee also met with Beverly Jackson, from Pathways to Peace in Rochester. The program is run out of the Mayor’s office and receives some funding through local business grants. The program serves people 12-25 years old and provides parenting programs, violence intervention, anger management, and tours of correctional facilities.
With regard to the third task, the Committee is working on recommendations around:
1) Leveraging pre-established relationships between members of the community and churches, schools, businesses and community organizations;
2) Identifying a responsible entity to take the lead on coordination of existing programs, community organizations and individuals; and
3) Identifying gaps in current programs and suggest new or expanded programs.
COMMUNITY ACTION COMMITTEE a/k/a "Street Committee"
Allison Banks
Rev. Valerie Faust
Rev. Dr. Edward B Smart
Hon. P. David Soares
Chief James W Tuffey
I. Statement of Purpose: Our task is to direct individual and small group conversations with people in the community to hear their concerns, ideas, and experiences with crime and gun violence. We plan to gather this information via meetings at schools with children in elementary, middle and high school settings; door to door conversations in different areas of the city (as Chief Tuffey directs); speaking with children in other settings such as after school programs, juvenile environments, etc; and speaking with clergy at various churches and/or clergy associations/fellowships.
II. Activity to Date: a) There was a meeting attended by several committee members with Ron “Cook” Barrett at the Saturday night youth gathering he directs at the "Y" which was arranged by Chief Tuffey. Rev. Smart and Dr. Morgenbesser met with 200 young people and discussed the topic of gun violence among other things. The meeting was successful. b) Contact was made on several occasions with the Albany Board of Education requesting permission to hold small group meetings at several schools. An effort is still being made to bring it to fruition because there is still no reply from Linda Jackson-Chalmers? who is the contact person. A letter is going to be drafted and sent out in an effort to speed the process. c) Rev. Faust is in contact with a female gang member who is considered the mother of a group of Bloods. She is considered a hardened, tough "OG" which stands for “original gangster” who is highly respected in the family and wants to do something to help stop the violence. Rev. Faust is gathering information that will be helpful in the fight against juvenile crime and gun violence.
III. Planned Activities: Meetings on dates to be set at the above-mentioned venues to discuss gun violence. The following events will occur during National Crime Victims Week: April 14th at 9 AM is an open invitation to meet at the LOB to speak out; April 16th 12 Noon to 2 PM is a “Lie In” at the Capital steps in memory of all those lost to violence; April 17th is a Ceremony in Academy Park where Mayor Jennings will dedicate new benches in honor of victims; April 19th at 1:00 PM is a Brick Ceremony at the Empire State Plaza during which Allison Banks will receive an award for her community work in Albany. These events will be an opportunity for members of the Street/Community Committee to speak with people and record comments made about gun violence. In addition, the Task Force will be meeting with youth at the “Y” on May 10, where we will break into small groups and rotate among the youth. Finally, the Street Committee will be walking the neighborhoods this spring and summer talking to families and youth about their concerns and experiences.
By fowlerp
on Sat 12 of Apr., 2008 15:48 CDT
Agenda - Friday, April 11, 2008
Lark Street Area Public Safety Committee Meeting
Friday, April 11, 2008
6:00 – 7:00 PM
Lark Street BID Offices
245 Lark Street
AGENDA
+ indicates an attachment associated with the agenda item
1. Door Hanger Update
2. Letter on Release of Offenders into the Neighborhood +
District Attorney David Soares Presiding Judge
6 Lodge Street NYS Office of Court Administration
Albany, NY 12207 4 ESP, Suite 2001
Empire State Plaza
Albany, NY 12223-1450
Commissioner Commissioner
New York State Division of Parole N.Y.S. Division of Criminal Justice Services
97 Central Avenue 4 Tower Place
Albany, NY 12206 Albany, New York 12203-3764
State Director
N.Y.S. Division of Probation and Correctional Alternatives
80 Wolf Road
Albany, New York 12205
Re: Case Nos. XXX-XXX and XXX-XXX; Offenders Jane Doe, names, etc; and the burglaries of addresses on dates
Gentlemen:
We, the undersigned, represent the political and community leadership of the Center Square, Hudson/Park, Park South and Washington Park neighborhoods of the City of Albany (otherwise referred to as the “Lark Street Area” or “Capitol Hill”).
We write to you to ask for your assistance and for a commitment of time to, and the willingness to engage in, a dialogue with us concerning public safety and broader quality of life issues in our neighborhood.
We have previously requested and received a similar commitment to open dialogue and assistance from the Albany Police Department (“APD”), and the officers assigned to our neighborhood. We are pleased by the APD’s willingness to listen to our neighborhood’s concerns, and by the assistance the APD has given us in working to better the quality of life where we live.
As you may be aware, the Lark Street Area is an active and vibrant economic zone in the City of Albany, and is a diverse neighborhood composed of civically engaged professionals and other middle-class residents. Despite the beauty of our homes and the quality and variety of restaurants, retail establishments, art galleries and entertainment venues however, a perception has arisen in the media and potential visitors that our neighborhood suffers significant crime problems. We need your help in altering those impressions and in addressing the public safety and quality of life challenges that have given rise to the bad press we have suffered in the past.
Last summer, the Center Square and Hudson/Park neighborhoods were the focus of a string of burglaries. The persons charged with those crimes were Matt? and Matt?, both of whom were arrested, arraigned, tried, sentenced and, we would assume, incarcerated. However, we have discovered that those same individuals were previously incarcerated on Matt?-date and Matt-date?, respectively, for the same or similar offenses to those they were arrested for in the summer of 2007.
We find ourselves at a loss to explain how these criminals could be arrested for burglaries, but out on the streets again quickly enough so that they could resume their criminal activities in our neighborhoods only a few months later. We are turning to each of you, therefore, to help us to understand how these criminals could be released so quickly back into our neighborhood to commit more crimes, and why neither we, nor our neighborhood officers, received any notice. The result of that lack of notice was that our neighborhood suffered a downturn in visitors, our residents were worried and felt unsafe, and the Albany Police Department spent a great deal of effort tracking down and re-arresting offenders that it had recently dealt with.
We would like to propose the following areas where your offices could be helpful to us in combating our neighborhood’s public safety challenges, and in addressing the negative impressions created by last summer’s crimes. First, we would like a commitment from each of your offices to opening and maintaining a dialogue with our neighborhoods, so that we will learn about public safety challenges from you directly, rather than via alarmist newspaper reporting of “crime waves.” Second, we would like each of your offices to designate an individual who can appear at least one time per quarter to each of our neighborhood association’s monthly meetings, so that we can get a report on issues of concern to our neighborhoods; or, alternatively, we would like you to designate an individual to appear at our monthly Lark Street Area Public Safety Committee for at least the next six months so that we can begin the dialogue, and then determine the utility of such individuals appearing at individual neighborhood association meetings.
We demand a great deal of the APD, and it is only fair that we support them when they are providing the services we need. We believe that by finding areas where we can help you deliver better services to our neighborhoods, we will be helping ourselves and our partners at the APD. We are committed to continuing to improve the neighborhoods we represent, and we would be gratified to have your partnership in that task.
Sincerely
Roger Bearden Richard Conti Paul Fowler Jeffrey Gritsavage
H/PNA President Common Council CSA President Lark St. BID Pres.
Andrew Harvey Christopher Higgins William Pettit
PSNA President County Legislator WPNA President
Agenda Item #3
Lark Street Area Public Safety Committee
Dear Neighbor,
I am writing on behalf of the Lark Street Area Public Safety Committee regarding street lighting issues on Dove Street.
Many of us have long been concerned about the dim lighting on Dove Street between State and Hamilton Streets. The lighting on these blocks, particularly during the warmer months when the trees are in full growth, appears insufficient and is dimmer than the lighting on other blocks.
This is also a major corridor for both pedestrians and motor vehicles.
Beyond pedestrian and vehicle issues, many feel it is important to increase the wattage of the streetlights on these blocks as a way of addressing personal safety concerns on streets that are poorly lit. This includes residents, guests, visitors, etc.
Responding to the long-term concerns of neighborhood residents and various groups, the Albany Police Department has been in discussion with National Grid to increase the wattage of streetlights along Dove Street (but not replace them).
If there are some among us who live on the blocks of Dove Street in question, and are strongly opposed to the additional lighting, we'd appreciate your input.
Should this project happen, we'd like to see it done before the warmer months are upon us, as that is when the need is the greatest. Timely comments would be appreciated so the neighborhood can build a consensus.
Any questions or comments about this from Dove Street neighbors can be addressed directly to Doug Ebersman, co-organizer of Lark Street Community Watch (contact information below).
Sincerely,
Richard Conti
Chair
Lark Street Area Public Safety Committee
(Please, no media inquiries)
Douglas Ebersman
Lark St. Community Watch co-organizer
(518) 449-5069
(alternate)
Agenda Item #6
4/4/08 E-Mail? Regarding Police Patrol Car Parking Practices
Richard:
I have to address an issue with you. I live very close to Jackbit & Joltz on Lark Street. I am overjoyed that they seem to be doing a really great business. However there are a number of police men and women who stop in and enjoy take out or a sit down meal. While these police enjoy thier meal - they park in very illegal manners on Lark - I have seen them parked a great number of times on the corner of Lark and State over the corner - totally blocking the handicap ramp on the sidewalk. I have also seen them park a handful of times, half on the sidewalk and half on the street - totally upsetting vehicle traffic and totally upsetting walking traffic. The last time the half on parking happened, they were parked for well over 90 minutes. I always give the benefit of the doubt, but I always eventually see them leaving the resturant with take away bags and go to thier illegally parked cars. I am all for the resturant and realize this is not thier problem, but why are the police allowed to park in illegal manners for dinner?
The Albany Police Dept is pleased to announce the introduction of Interactive Crime Mapping. Crime Mapping is used by analysts and unit commanders to map, visualize, and analyze crime incident patterns. It is a key component of the crime analysis policing strategy, and allows the Albany Police Dept to identify crime hot spots, along with other trends and patterns. We can then formulate strategies and forecast trends, allowing us to re-allocate police resources to needed areas and better dispatch calls for service.
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The Geographical Information System has been designed to be an easy and efficient way for citizens to research calls for police service and reported incidents occurring in the City of Albany.
This system is subject to current public information rules and regulations. Records in the system are subject to changes, corrections, and delays in data entry. In addition, the information provided is susceptible to a degree of error due to the process involved in compiling data and running the application. No guarantee is made regarding the accuracy, precision, timeliness, completeness, or any other aspect of the data provided.
Calls for service and reported incidents that appear on the map may represent substantially estimated locations, not actual locations, of where the events occurred.
The presentation of data in mapped form is being provided as a courtesy of the Albany Police Department rather than as a requirement. Assistance with this site can be provided through a help link (coming soon). The Albany Police Department is under no obligation to extend additional support or assistance regarding this application and / or data contained within.
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http://albanyny.gov/Government/Departments/Police/cmapping/maps.aspx
City of Albany Reported Incidents
This map will display reported incidents to the Albany Police Dept for the previous week, broken down by Neighborhood Association. For the purposes of reporting, a week is Monday through Sunday.
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By fowlerp
on Mon 18 of Feb., 2008 13:28 CST
Agenda - Friday, February 15, 2008
Lark Street Area Public Safety Committee Meeting
Friday, February 15, 2008
5:30 – 6:30 PM
Lark Street BID Offices
245 Lark Street
AGENDA
1. Introductions
2. Door Hanger Update
3. Gun Violence Task Force
4. Armory Bus Stop/After School Issues
5. Neighborhood Crime Update
6. Block-by Block Initiative
7. Walk & Watch
8. Aggressive Panhandling Ordinance
9. Abandoned Shopping Carts
10. Other Business/New Topics
AGENDA ITEM #3
ARTICLE XIA Gun Violence Task Force Added 7-16-2007 by Ord. No. 71.111.06
§ 42-73. Legislative intent; purpose.
A. The City of Albany has been experiencing a rash of violent criminal acts where firearms have been involved. Many of these violent gun incidents have both a youth perpetrator and a youth victim.
B. These violent criminal acts have either taken the lives of many victims or left many victims with great physical as well as emotional injuries. Beyond the immediate harm to the victims and their families, these violent gun acts have a detrimental effect on the social character of the City, leading to a perception that Albany is an unsafe city, which hurts the efforts of the City administration to promote Albany as a place to live, visit, or invest in.
§ 42-74. Establishment.
There shall be, and is hereby, established a Gun Violence Task Force in the City of Albany to research and develop strategies to reduce gun violence.
§ 42-75. Membership; term; compensation; vacancies.
A. The Gun Violence Task Force shall be composed of 13 voting members, seven of whom shall be appointed by the Common Council and six of whom shall be appointed by the Mayor. The majority of Task Force members shall be residents of the City of Albany and shall be individuals who possess a knowledge or interest in gun violence related issues. The members shall serve without compensation. The Task Force may include representatives of federal, state and local law enforcement agencies, governmental departments, academics or other municipalities.
B. The Common Council will designate one of the voting members as Chairperson. Vacancies on the Task Force shall be filled in the same manner as the predecessor to fill the unexpired term.
C. The work of the Task Force shall be completed within one year after the appointment of its members, at which time the Task Force will cease to exist.
§ 42-76. Powers and duties.
The Task Force shall:
A. Prepare a report on the number and types of gun-related offenses, with as much detail as possible, in the City of Albany from the year 2000 to the present.
B. Compare the number and types of incidents to at least five other municipalities of similar size.
C. Research and report on programs used successfully by other municipalities to reduce gun-related violence and the approximate cost of such programs.
D. Have the power to request documents, conduct public hearings, hear testimony of witnesses, and take any other action it deems necessary to carry out its functions. Every department, office, division, agency or public authority of this City shall cooperate with the Task Force to the fullest extent possible and furnish such information and assistance as the Task Force determines is reasonably necessary to accomplish its purpose in a timely fashion.
E. Research and report on other relevant issues related to gun violence and illegal ownership of guns.
§ 42-77. Expenses.
Neither the Task Force nor its members shall incur any cost or expense for or on behalf of or payable by the City of Albany without written authorization of the Common Council.
AGENDA ITEM #4 -Original Message-
From: Ralph William Shields
To: Richard Conti
Cc: Ralph.William.Shields ; ; ; ; ; ; ; ; ; ; ; ; Colleen Ryan
Sent: Tue, 5 Feb 2008 10:14 pm
Subject: Awful conditions at Lark/Washington Bus Stop
Dear Richard, et al:
Had occasion to catch a Washington Ave. bus today, and was astounded at the simply awful conditions at the bus "shelter" in front of the old Armory, at the corner of Lark and Washington, opposite Key Bank. I do not drive and so often rely on buses, but fortunately not so often from that location. It was about 1:00 p.m. this afternoon (Tuesday).
I had been aware that the electronic schedule board had died a long time ago --- and that the place was often filthy. It also did not surprise me that even the clock on the corner is dead. These facts alone make me sad to think of the investment in building this CDTA "shelter" (several hundred thousand dollars, as I recall?).
However, I was not so aware that it has apparently become a regular hangout for folks who gather there to drink, and whatever. It was pretty plain today from the number who sat there sucking cans of beer from paper bags, and having their own little party --- apparently with no concern that anyone would be by to check it out.
People actually waiting for buses had to - or, chose to - stand outside in the cold and rain, rather than deal with the crowd hanging out inside.
When boarding the bus, I asked the driver if anybody at his company (CDTA) cared about the situation there - he knew exactly what I was asking - response was accompanied by a shrug and comment that the police came by from time to time, but there did not seem to be much they could do --- that it had become, "just like New York City."
I differ in opinion on this - I travel to NYC often - and am confident that this would not be allowed to continue in most public places - (at least not in any neighborhood that I visit in NYC - at least not mid-day).
Sadly, this is also a main stop for many children going to and from school. What a lovely example it sets for what we expect for behavior! If I had kids, I would forbid them to go near the place. And if I had guests, I would be ashamed to have them know that this is the state of conditions in my neighborhood.
Note that I do not fault the individuals hanging out there, as much as I do this additional failure of our public authorities to maintain some semblance of order.
What do you think about this, and what might be done about it?
AN ORDINANCE AMENDING CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY BY ADDING THERETO A NEW ARTICLE IX ENTITLED: “PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION”
The City of Albany, in Common Council convened, does hereby ordain and enact as follows:
Section 1. Chapter 255 (Peace and Good Order) of the Code of the City of Albany is amended by adding thereto a new Article IX entitled “Aggressive Solicitation” to read as follows:
ARTICLE IX
Prohibition Against Certain Forms of Aggressive Solicitation
255-57. Findings and intent.
The Common Council of the City of Albany recognizes a constitutional right to beg or solicit in a peaceful and non-threatening manner. The Council finds, however, that an increase in aggressive solicitation within the city has become disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder.
Aggressive panhandling usually includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The council further finds that the presence of individuals who solicit money from persons at or near banks or automated teller machines is especially troublesome.
This law is timely and appropriate because current laws are insufficient to address the aforementioned problems. The restrictions contained herein are neither overbroad nor vague and are narrowly tailored to serve a substantial government interest. Furthermore, in enacting this legislation, the council recognizes the availability of community service and other sentencing alternatives, which may be appropriate remedies for violations of this law.
The law is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity. Its goal is instead to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome and overwhelming presence in the city.
255-58. Definitions.
For the purposes of this Article, the following terms shall have the following meanings unless the context clearly requires otherwise:
A. “Aggressive manner” – (1) Approaching or speaking to a person, or following a person, before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to:
(a) fear bodily harm to oneself or to another, damage to or loss of property, or the commission of any offense as defined in section ten of the penal law upon oneself or another; or
(b) otherwise be intimitaded into giving money or other thing of value; or
(c) suffer unreasonable inconvenience, annoyance or alarm.
(2) Intentionally touching or causing physical contact with another person or an occupied vehicle without that persons consent in the course of soliciting, asking or begging;
(3) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle to take evasive action to avoid physical contact; or
(4) Using violent or threatening gestures toward a person solicited.
B. “Solicit, ask or beg” – Includes using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
C. “Public place” – A place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any hallway, lobby and other portion of an apartment house or hotel not constituting a room or apartment designed for actual residence.
D. “Bank” – Any banking organization as defined in section 2 of the New York State Banking Law which has as its purpose or among its purposes the receipt of deposits.
E. “Check cashing business” - Any person duly licensed by the New York state superintendent of banks to engage in the business of cashing checks, drafts or money orders for consideration pursuant to provisions of article 9-A of the New York State Banking Law.
F. “Automated teller machine” – A device, linked to a financial institutions account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
G. “Automated teller machine facility” – The area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular business hours.
255-59. Prohibited acts.
A. No person shall solicit, ask or beg in an aggressive manner in any public place.
B. No person shall solicit, ask or beg within ten feet of any entrance or exit of any bank or check cashing business during its business hours or within ten feet of any automated teller machine during the time it is available for customers’ use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this subsection shall be construed to prohibit the lawful vending of goods and services within such areas.
C. No person shall approach an operator or other occupant of a motor vehicle while such vehicle is located on any street, for the purpose of either performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services, if such approaching, performing, offering or soliciting is done in an aggressive manner as defined in this article. Provided, however, that this paragraph shall not apply to services rendered in connection with the lawful towing of such vehicle or in connection with emergency repairs requested by the operator or other occupant of such vehicle.
255-60. Exemptions.
The provisions of this article shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.
255-61. Penalties.
Any violation of the provisions of this article shall be punishable by a fine which shall not exceed one hundred dollars in amount or imprisonment for not more than fifteen days or both.
AGENDA ITEM #9
Greenburgh, T. NY
Chapter 420
SHOPPING CARTS HISTORY: Adopted by the Town Board of the Town of Greenburgh 6-28-2000 by L.L. No. 4-2000. Amendments noted where applicable.
§ 420-1. Legislative intent.
The Town Board of the Town of Greenburgh finds and declares that the unlawful taking, the misuse and abandonment of shopping carts and similar conveyances constitute a threat to the protection and preservation of the property of the town and its inhabitants; constitute a hazard to the health, safety and general welfare of the populace of the town; adversely affect the legitimate conduct of business in the Town of Greenburgh; and constitute a nuisance detrimental to individual neighborhoods and the community at large. The purpose of this chapter is to reduce the incidences of unlawful taking, misuse and abandonment of these devices through reasonable safeguards, by discouraging and preventing their removal from the property of the owner and by the establishment of penalties for violations of this chapter. Furthermore, it is the intention of the Town Board of the Town of Greenburgh to make available to qualifying senior citizens and the disabled, who generally rely on shopping carts for the transportation of groceries to their homes, a suitable conveyance for this purpose.
§ 420-2. Definitions and word usage.
As used in this chapter, the following words and terms shall have the meanings indicated. The meanings of all other terms and words not specifically defined shall be their generally accepted definition.
ABANDON — The leaving, discarding, dumping or placing of private property, which shall include shopping carts, in a public place or on private property other than the place of the person who makes the shopping cart available to the public.
ESTABLISHMENT — A person owning, making available or having control of a place where shopping carts are utilized; the place of a person owning, making available or where shopping carts are utilized.
PERSON — An individual, corporation, partnership, association, joint-stock company, society or other legal entity.
PUBLIC PLACE — Every class of road, sidewalk, parking lot and other areas publicly owned and operated, or privately owned and open to the public, or a segment thereof, excluding the interior or parking area of any building where a shopping cart was obtained.
REMOVE — To take, transport or otherwise remove for any purpose, a shopping cart from the interior (if the building should have no parking area accessible to the public) or parking area of the place of the person who makes the shopping cart available to the public. Removal or transport of a shopping cart by the owner or agent of the owner for repair, shipment to another location or for any other legal purpose shall not constitute a violation of this chapter.
SHOPPING CART — A basket, which is mounted on wheels, or a similar device, generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.
TOWN — All areas within the Town of Greenburgh outside of any incorporated village therein.
§ 420-3. Removal of shopping carts from property of owner prohibited.
It shall be unlawful for any person to remove, for any purpose, a shopping cart, with markings as set forth in § 420-5, from the interior of any establishment that does not contain a parking area or from the parking area of any establishment where a shopping cart was obtained. The possession of a shopping cart so marked by a person, other than the owner or agent of the owner, in a place other than that from which the shopping cart was legally made available to the public shall constitute a rebuttable presumption that such person did unlawfully remove such shopping cart from the premises of the owner.
§ 420-4. Abandoning shopping carts prohibited.
It shall be unlawful for any person who obtains possession of a shopping cart from an establishment to leave or abandon the shopping cart in any public place or on private property other than property of the establishment.
§ 420-5. Identification markings required.
Every establishment shall mark or cause to be marked any shopping cart in a conspicuous and permanent manner with the name of and/or company logo, the address and telephone number of the establishment from which it was made available or permitted to be utilized. The markings required by this section shall be affixed within 90 days of the adoption of this chapter. Such identification shall be in the form of a metal or plastic tag securely affixed to the frame of the shopping cart or in some other equally noticeable and permanent manner. Upon expiration of this ninety-day period, any establishment with shopping carts not affixed with the identifying markings required by this section shall be in violation of this chapter.
§ 420-6. Posting of signs required.
Any person owning, making available or having control of a place where shopping carts are utilized shall conspicuously post signs at said establishment, said signs to be posted in the interior of the establishments and in the parking lots of such establishments. The signs shall be in conformance with state standards and shall notify the public that the unauthorized removal of a shopping cart from the premises or parking area and/or the abandonment of a shopping cart is a violation of town law. Such signs shall also list an address and telephone number for returning the shopping cart to the establishment. The signs required by this section shall be erected within 90 days of the adoption of this chapter. The Town Police Department shall, within 15 days of the adoption of this chapter, provide the owner of each establishment with the wording and form for the required signs, as well as indicate the number of signs that must be posted on each owner's property. Upon the expiration of this ninety-day period, it shall be a violation of this chapter for any person to own, make available or permit shopping carts to be utilized in an establishment without first posting the signs required by this section.
§ 420-7. Disposition of abandoned shopping carts; fees.
A. Abandoned shopping carts are declared to be a nuisance and a hazard.
B. The Commissioner of Public Works of the town, or such other person whom the Town Board may by resolution appoint, may, without notice, remove, from time to time, any shopping cart found in any public place. Confiscated shopping carts shall be impounded at Police Headquarters where they will be held until redeemed, sold or otherwise disposed of as hereinafter provided.
C. Whenever the town shall have impounded three or more carts bearing identification of ownership from any one establishment, the Chief of Police, or such other person whom the Town Board may by resolution appoint, shall mail a notice by certified mail, return receipt requested, to the establishment at the address shown on the shopping cart's identification tag. Such notice shall advise that the impounded shopping carts may be redeemed at Police Headquarters upon payment of the administrative fee of $35 for each shopping cart so redeemed. The notice shall also contain the hours and days during which shopping carts may be redeemed.
D. If, after 15 days following the mailing of the notice described in § 420-7C, no person representing the establishment has presented themselves to the Police Department, or such person as may be designated by resolution of the Town Board, to redeem this property, the town shall have the right to dispose of the shopping carts through public auction or in whatever other manner it deems appropriate.
E. Shopping carts that are impounded that do not contain the identifying information required by this chapter shall be held for a reasonable time at Police Headquarters, such time not to be less than 30 calendar days. During this period, these shopping carts may be reclaimed by the establishment, provided that proof of ownership of the shopping carts is produced, and, further, provided that the administrative fee is paid for each shopping cart redeemed.
F. If, after the minimum thirty-calendar-day period described in § 420-7E has elapsed and no person representing the establishment has presented themselves to the Police Department or such person as may be designated by resolution of the Town Board to redeem this property, the town shall have the right to dispose of the shopping carts that do not contain identifying information through public auction or in whatever other manner it deems appropriate.
§ 420-8. Disposition of proceeds.
The proceeds realized from the redemption or sale of shopping carts shall be deposited in the general funds of the town.
§ 420-9. Additional mitigation requirements.
Beginning 90 days after the adoption of this chapter, any new application submitted to any town department or board for the construction or conversion of an establishment shall require, as a condition of approval of the application, that each shopping cart of the establishment be equipped with a security device as follows:
A. Establishments planning to own, make available or have utilized more than 150 shopping carts shall be required to install a system that causes a wheel of the shopping cart to lock when the conveyance is moved across an antenna located at the perimeter of the establishment's parking area.
B. Establishments planning to own, make available or have utilized 150 or fewer shopping carts shall have the option of installing the system described in § 420-9A or a shopping cart handle lock system deactivated through the introduction of a coin or coins that may be redeemed by the user upon return of the shopping cart.
C. Except for establishments utilizing five or fewer shopping carts in their operations, beginning 36 months after adoption of this chapter, all establishments shall be required to have installed the appropriate shopping cart security system mandated for new applicants under § 420-9A and B. At the expiration of this thirty-six month period, it shall be unlawful for any establishment shopping cart not to be equipped with the appropriate security device as described in § 420-9A and B.
§ 420-10. Exceptions.
A. This chapter shall not apply to any cart or personal property which may come into the possession or custody of any department of the town pursuant to any other ordinance, law or regulation.
B. Any person owning, making available or permitting shopping carts to be utilized and actually conducting business in the town at the time this chapter takes effect may apply to the Town Board for an exemption or modification of the requirements of § 420-9. Any such request shall set forth the grounds upon which the exemption or modification is justified, and specifically address concerns of the health, safety and general welfare of the populace; any impacts to the legitimate conduct of business within the town; and the impacts to individual neighborhoods and the community at large. The Board shall not grant any request for an exemption or modification unless the Chief of Police first evaluates the request and makes a favorable recommendation to the Board.
C. The Town Board shall have the authority to rescind any exemption or modification granted under this section upon recommendation from the Chief of Police that shopping carts utilized by an establishment granted the exemption or modification have become either a hazard to the health, safety and general welfare of the populace of the town; adversely affect the legitimate conduct of business within the town; and/or constitute a nuisance detrimental to individual neighborhoods and the community at large. Prior to such rescission, the Town Board shall notify the establishment of the recommendation by the Chief of Police, said notice to be sent by certified mail, return receipt requested, to the person identified in the exception or modification request at the address provided in that request. The establishment shall have 20 days from the date of mailing of the rescission notice to request an opportunity to be heard by the Town Board. The establishment's request shall be made by certified mail, return receipt requested, and shall be deemed timely made if the official postmark of the United States Postal Service is dated within 20 days of the official United States Postal Service postmark on the rescission notice. In the event that an exemption or modification is rescinded, the establishment shall be required to install the additional mitigation measures mandated under § 420-9 within one year of the date notice of the decision was forwarded.
D. The provisions of this section shall not apply to any establishment commencing operations after adoption of this chapter.
E. The provisions of § 420-9 of this chapter shall not apply to establishments with a total of five or fewer shopping carts on their premises.
§ 420-11. Penalties for offenses.
Any person convicted of violating any of the provisions of this chapter shall be guilty of a violation punishable by a fine of not less than $25 or more than $100. In reference to §§ 420-5, 420-6 and 420-9, each day a violation continues shall constitute a separate offense.
§ 420-12. Appropriation of funds.
Commensurate with the adoption of this chapter, the town shall appropriate a sum of money not to exceed $1,000 for the purchase of collapsible shopping carts or some other suitable conveyance for distribution to qualifying senior citizens and the disabled, who have a need for and generally rely on shopping carts for the transportation of groceries and other merchandise to their homes. The criteria and application process employed to decide which persons are entitled to receive such collapsible shopping cart or similar conveyance shall be proposed by the Town's Police Advisory Commission and approved by the Town Board. Carts shall be purchased by the Police Department and stored at Police Headquarters for distribution to qualifying applicants.
§ 420-13. Severability.
If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter, or its application to the person or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
Monroe, C. MI
§ 660.11 SHOPPING CARTS.
(a) Cart Defined. As used in this section, "cart" means any rolling or nonrolling container or basket made of wire, metal, wood or other material commonly used in supermarkets, self-service stores or markets for transporting merchandise or foodstuffs within the establishments and from the business establishment to a motor vehicle or other building. (1989 Code § 12-44)
(b) Abandoning Carts. No person shall leave or abandon, on any public street, sidewalk or any other public place in the City, any cart from any business establishment, market or food dispensing establishment. (1989 Code § 12-45)
(c) Carts in Parking Lots After Business Hours. No store, supermarket or other business establishment shall allow any cart to remain in the parking lot of the establishment after business hours. (1989 Code § 12-46)
(d) Identification Tags. No store, supermarket or business establishment shall provide to or make available for use by any person a cart which can be removed from the premises of the store, supermarket or business establishment, unless the cart shall have securely attached to it a metallic or plastic identification tag or plate identifying the store, supermarket or business establishment. (Ord. 96-018. Passed 8-12-96.)
(e) Inspections. The Police Department may conduct inspections of any premises where carts are provided and available for use during business hours in order to inspect such carts for proper identification tags. (1989 Code § 12-48)
(f) Impounding Abandoned Carts; Redemption by Owner.
(1) The Police Chief shall remove or cause to be removed any cart found abandoned in any public place. Such cart shall be impounded at any City-owned storage facility available for such purpose.
(2) The Police Department shall notify the owner of the cart by ordinary mail within three days of such impoundment.
(3) The owner may reclaim the cart for $2 within fifteen days of the date of the notice of impounding. (1989 Code § 12-49)
(g) Sales of Unredeemed Carts. Carts remaining unclaimed or unredeemed beyond the 15 days after notice shall be disposed of by public auction. Notice of such auction shall be given at least 14 days before the auction in a newspaper of general circulation in the City. (1989 Code § 12-50)
(h) Destruction of Impounded Carts.
(1) If any impounded carts remain unsold at public sale, the Chief of Police may dismantle, destroy, sell or dispose of the unclaimed carts in any manner.
(2) Any public sale or other disposition of the carts shall be without liability on the part of the City to the owner of the carts or any other person legally entitled to or having an interest therein. (1989 Code § 12-51)
(i) Report of Redemptions.
(1) Within 30 days of redemption of the property, the Chief of Police shall pay over to the Clerk/Treasurer the amount received for the redemption.
(2) At the same time, the Chief of Police shall deliver to the Clerk/Treasurer a detailed statement concerning the redemption. The statement shall include:
A. Identity of the property;
B. The name and address of the redemptor; and
C. The amount received from the redemptor. (1989 Code § 12-52)
GENERAL REFERENCES
Fees — See Ch. 108.
ARTICLE I
Users' Responsibilities
§ 187-1. Definitions. Amended 5-28-1996 by Ord. No. 1012-96
As used in this Article, the following terms shall have the meanings indicated:
SHOPPING CART — Those pushcarts of the type or types which are commonly provided by grocery stores, markets and other types of stores for the use of the public in transporting commodities in stores, markets and other types of stores and incidentally from the store to a place outside the store.
§ 187-2. Users to return carts to store premises.
Any person who makes any use of any shopping cart, belonging to or furnished by the owner of the store, market or shopping center, for assembling or moving of groceries, foodstuffs and allied products there purchased shall, after such use, promptly return the shopping cart to the property from whence taken.
§ 187-3. Violations and penalties. Amended 5-28-1996 by Ord. No. 1012-96
Any other use made of said shopping carts, including the abandonment of the same upon the streets, highways, alleys and other public ways of the city, shall be deemed a public nuisance; and any person found guilty of committing such a nuisance shall, upon conviction thereof in summary proceedings, be sentenced to pay a fine of not more than six hundred dollars ($600.) or to confinement to the city jail for not more than ninety (90) days, or both such fine and imprisonment.
ARTICLE II
Redemption of Abandoned Carts
§ 187-4. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
SHOPPING CART — Those pushcarts of the type or types which are commonly provided by grocery stores, markets and other types of stores for the use of the public in transporting commodities in stores, markets and other types of stores and incidentally from the store to a place outside the store. Amended 5-28-1996 by Ord. No. 1012-96
§ 187-5. Abandoned carts to be impounded.
Any shopping cart found abandoned upon the highways, streets, alleys, sidewalks or other public ways shall be deemed to be a public nuisance. Any such cart shall be impounded by the city in a central pound, namely, the City Garage.
§ 187-6. Notice to owners to redeem. Amended 9-9-1996 by Ord. No. 1033-96
The city shall notify the owners of such carts, setting forth the number of carts so impounded and directing said owner to redeem the same within thirty (30) days from the date of said notice.
§ 187-7. Redemption fee. Amended 5-28-1996 by Ord. No. 1012-96; 9-9-1996 by Ord. No. 1033-96
The owner redeeming any such cart shall pay to the city a pound fee as provided in Chapter 108, Fees, for each cart impounded, upon the release of said cart by the city. The fee to be paid to the city shall be as provided for in Chapter 108, Fees.
§ 187-8. Disposal of unredeemed carts.
In the event that any such cart is not redeemed within thirty (30) days from the date of the notice provided for in § 187-6 above and in the case of a cart which cannot be identified because the same is not properly tagged with the owner's name, the city may proceed to sell such cart or carts by following the procedure set forth in the Uniform Commercial Code, governing warehousemen, namely, Subsection 2 of an Act of Assembly dated April 6, 1953, P.L. No. 37-210, as amended.
§ 187-9. Effect on other legislation.
This Article supplements Article I, regulating the use of shopping carts, and is not intended to repeal any of the terms thereof.
GENERAL REFERENCES
Nuisances — See Ch. 218.
§ 273-1. Removal from commercial establishments.
No person shall remove any grocery or shopping cart from the premises of any commercial establishment, including any store, shop, market or supermarket, etc., in the Township of Montclair.
§ 273-2. Notice to be posted.
The owner or person in charge of any such commercial establishment supplying carts for the on-premises convenience of shoppers shall cause to be prominently displayed at all exits therefrom a notice of the provisions of this chapter relating to the prohibition against removal of carts from the premises and penalties for violations thereof.
§ 273-3. Abandonment of carts in public.
It shall be unlawful for any owner or owners to permit any carts to be left unattended or abandoned on any public streets or public place within the Township of Montclair.
§ 273-4. Retrieval of abandoned carts; charge for return.
Shopping carts abandoned upon any sidewalk, street, public or private parking lot or other property, public or private, in the Township of Montclair, other than upon the premises of the commercial establishment which owns such shopping cart, shall constitute a violation of this chapter and shall be so cited and thereafter picked up by the Township of Montclair and returned to the owner thereof. There shall be a charge of $10 per cart assessed against the owner for the return of these carts, and this charge shall be collected at the time the violation is adjudicated by the appropriate court or municipal officials.
§ 273-5. Violations and penalties.
Any person violating the terms of this chapter shall, upon conviction thereof in the Municipal Court of the Township of Montclair or any other court authorized by law to hear and determine the same, be subject to penalty by a fine of not less than $50 nor more than $1,000 or imprisonment in the county jail not exceeding 30 days, or both.
§ 273-6. Payment of fines and charges into treasury.
All fines imposed and charges collected under and by virtue of the provisions of this chapter shall be paid into the treasury of the Township of Montclair.
§ 336-1. Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CART — A hand-drawn or -propelled vehicle or wheeled container such as is generally provided by merchants for the carting or carrying of merchandise or foodstuffs to automobiles or other places.
PARKING YARD and PARKING PLACE — Any place which is open to the public or to which the public is invited, whether maintained or operated separately or in conjunction with any business or enterprise.
PERSON — Includes a person of either sex or a corporation, partnership, association, joint-stock company, societies and other entities capable of being used.
STREET or SIDEWALK — Includes any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert or crosswalk, and every class of road, square, place, municipal park, parking field or area, parks or other places used by the general public, and parking yard and parking place.
§ 336-2. Owner identification on cart.
Any shopping cart made available for use by a retail store shall have securely attached thereto proper identification clearly indicating the name of the owner of the cart.
§ 336-3. Leaving carts on public property prohibited.
It shall be unlawful for any person or his agent or employee to leave or to cause or permit or allow to be left any cart, either owned by him or in his possession, custody or control, upon any street or sidewalk or public property.
§ 336-4. Removal from property of owner.
A. It shall be unlawful for any person or his agent to remove a cart from the property of any food or merchandise dispensing establishment, except where such person removes the cart to a municipal parking lot or public parking area within two hundred (200) feet of such establishment.
B. In any event, the provisions of § 336-3 of this chapter shall remain in full force and effect.
§ 336-5. Posting of notice by business establishment. Amended 12-3-1974 by Ord. No. 994
Every retail business establishment providing carts, as defined herein, for the intended use of the patrons thereof, shall display a notice in a conspicuous place at or near the entrance to said retail business establishment that it is unlawful to leave or suffer or permit to be left any cart upon any sidewalk, street or other public place; that it is unlawful for any person to remove a cart from the property of any food or merchandise dispensing establishment, except where such person removes the cart to a municipal parking lot or public parking area within two hundred (200) feet of such establishment; and that violators thereof are subject to fine or imprisonment.
§ 336-6. Impounding of carts found on public property.
The Department of Public Works shall remove or cause to be removed any cart found upon any street or sidewalk or public property and shall take the same or cause the same to be taken to property or premises of the Department of Public Works where the same shall be held until redeemed or sold, as provided in this chapter.
§ 336-7. Notice of impoundment.
Whenever the Department of Public Works shall receive any cart containing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person, advising that such cart is held by the borough and advising the amount necessary to redeem.
§ 336-8. Redemption of impounded carts.
A. Any impounded cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof, and he shall be entitled to receive such cart upon tendering the sum of five dollars ($5.). Amended 12-3-1974 by Ord. No. 994
B. In addition, the person seeking to redeem shall pay the cost of advertising the sale thereof, if any. No cart shall be delivered to a person seeking to redeem it unless proof is submitted establishing to the satisfaction of the Director of the Department of Public Works such person's ownership or right to possession. Any delivery to a person apparently entitled thereto shall be a good defense to the borough against any other person claiming to be entitled thereto. Amended 8-26-1991 as Ord. No. 1451
§ 336-9. Selling impounded carts at public auction. Amended 8-26-1991 as Ord. No. 1451
Where any impounded cart remains in the custody of the Department of Public Works for a period of ten (10) days after impoundment and with respect to which no person has presented to the Director proof establishing to his satisfaction such person's ownership or right to possession, the Director shall give public notice in a newspaper authorized to publish notices of the borough advising that at a specified place and time, not less than five (5) days after such notice is published, such cart shall be sold at public auction for the best price to be obtained. A general description in such notice of the cart to be sold shall be sufficient. Such sale shall be conducted by the Director or by such person as he or she may designate. In no event shall any cart be sold for less than the cost of redemption, plus the cost of advertising.
§ 336-10. Disposition of impounded carts.
In the event that any impounded cart shall remain unsold at public auction, the Department of Public Works may reoffer such cart for sale at a subsequent public auction held pursuant to this chapter, or it may dismantle, destroy or otherwise sell or dispose of such cart.
§ 336-11. Nonliability of borough.
Any sale or other disposition of such cart pursuant to this chapter shall be without liability on the part of the borough to the owner of such cart or other person lawfully entitled thereto or having interest therein.
§ 336-12. Disposition of moneys received. Amended 8-26-1991 as Ord. No. 1451
Immediately after an impounded cart is redeemed, the Department of Public Works shall pay over to the Borough Treasurer the amount received for redemption costs and expenses of the article redeemed, together with an itemized statement thereof. Immediately after a sale or other disposition of such cart, the Director or person designated by him shall pay over to the Borough Treasurer the proceeds of the sale or other disposition of such cart, with an itemized statement of the article sold, the price received and the costs and expenses of the sale, and the Borough Treasurer shall retain such proceeds and credit them to the general fund.
§ 336-13. Violations and penalties. Amended 3-25-1985 by Ord. No. 1281
A. If this chapter of the Code of the Borough of Ridgefield provides for the licensing or permitting of the violator, the Mayor and Council of the Borough of Ridgefield reserve the right to revoke such permit or license.
B. Any person found guilty of violating this chapter of the Code of the Borough of Ridgefield shall be subject to a penalty consisting of a fine or imprisonment, or both, subject to the discretion of the Judge, the maximum of which shall be the maximum fine or term of imprisonment permitted to be imposed by the court having jurisdiction over the violation of this chapter of the Code of the Borough of Ridgefield.
C. In the event of a continuing violation, each day shall constitute a separate offense.
