§ 122-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed:

CRIMINAL CONVICTION

The entry of a plea of guilty or a verdict of guilty for one or more counts as set forth in an accusatory instrument.

ILLEGAL DRUG ACTIVITY

The use or possession of a controlled substance or marijuana, as defined by the State Penal Law.

OWNER

The owner(s) or landlord(s) of a building, structure or real property, including his or her agent.

PREMISES

Real property or a building or structure, or any part thereof.

PUBLIC NUISANCE

A. 

Includes, but shall not be limited to:

(1) 

Any building, structure or real property used for the illegal use, possession or distribution of a controlled substance or marijuana, as defined by the State Penal Law.

(2) 

Any building, structure or real property used for prostitution as defined by the State Penal Law.

(3) 

Any building, structure or real property used for indecent or obscene performances and/or promotion of obscene material as defined by the State Penal Law and this Code.

(4) 

Any building, structure or real property used for illegal gambling activity as defined by the State Penal Law.

(5) 

Any building, structure or real property used for the commission of illegal possession, use or sale of firearms or weapons as defined by the State Penal Law.

(6) 

Any building, structure or real property used for the illegal sale, manufacture or consumption of alcohol beverages as defined by the State Alcohol Beverage Control Law.

(7) 

Any building, structure or real property wherein there exists or has occurred a criminal nuisance, as defined by the State Penal Law.

(8) 

Any building, structure or real property used for loitering, as defined by the State Penal Law.

(9) 

Any building, structure or real property wherein an occupant, guest or business invitee commits criminal activities involving assault, gang assault, harassment or disorderly conduct as said criminal activities are defined by the State Penal Law.

(10) 

Any building, structure or real property wherein there exists or has occurred any violation of this Code, including, but not limited to, Chapter 190, Zoning, and the New York State Uniform Fire Prevention and Building Code, including the Property Maintenance Code of New York State, and any subsequent amendments or superseding provisions thereto, all of which have been previously adopted and incorporated into this Code by reference.

B. 

The above definition of a public nuisance is not intended and shall not be interpreted to cover or include requests for police, medical, fire or ambulance services in the face of a threat or a perceived threat to person or property, or any request for the assistance of the police to enforce a court order, including, but not limited to, circumstances in which the request for police, medical, fire or ambulance services or public service intervention arises from an incident relating to intimate partner violence, sexual assault, child abuse or stalking against any person at or near the premises.

TENANT

The lessee or occupant of a building, structure or real property. For purposes of this chapter, the term "tenant" shall include an occupant of one or more rooms in a rooming house or a residence, not including a transient occupant, of one or more rooms in a hotel for 30 consecutive days or longer.