The Syracuse Common Council voted unanimously Monday to pass a new ‘nuisance house’ ordinance, expanding on a local law that was first established in 1848.

The bill refocuses the law on domiciles: houses, apartments and tenant houses that “exhibit a continued pattern of activities that disrupt the quiet enjoyment of the surrounding neighborhoods and threaten public safety,” according to the amendment. Under the new law, officers can more effectively enforce laws on noise, open container violations, illegal gambling, prostitution, assaults and “general mayhem.”

The Common Council had discussed, revised and debated the bill since its proposal in October, District Councilor Bob Dougherty said. The law, which is formally referred to as a ‘nuisance abatement’, used to be more lax, requiring three separate arrests at a residence before action could be taken, Dougherty said.

“With a gambling house or a party house, it (was) hard to make any kind of charges stick,” Dougherty said. “The difference with this is we don’t have to prove that there’s gambling going on there, we just need the neighbors to call and complain.”

Now, if a disturbance is reported to the police three times in a 30-day period, the owner of the household is asked to speak with the police chief on how best to remedy the issue. Failure to comply results in a $150 fine.

Deputy Chief of Police Joe Cecile said the ordinance will give police an additional tool for houses that have caused multiple disruptions but dodged police intervention. He added that law enforcement can “work with the property owner to remedy the problems” more easily.

Councilors referenced Buffalo’s recent ‘Bawdy house’ legislation, which was effective, Dougherty said.

“Syracuse is not unique; a lot of different problems we have are happening in a lot of different cities across the country, especially in the Northeast,” Dougherty said. “Whenever we try to look for examples, the rest of the councilors and I try to look at what’s being done in New York state.”

Cecile, who participated in drafting “a workable, enforceable ordinance” with the council, said that the law gives the police more authority when complaints are registered.

“Residents routinely contact the police for houses that are causing chronic strife, everything from quality of life issues to more serious incidents like drugs and stabbings and shootings,” Cecile said.

Some organizations, including the New York Civil Liberties Union, have expressed fear that the police and state will mistreat the bill.

In a statement, Barrie Gewanter, director of the Central New York chapter of the NYCLU, criticized the ordinance’s vagueness, calling it “too subject to abuse and misuse by disgruntled neighbors.”

In order to avoid these possible abuses, the council and police department will have to carefully observe how the new law is applied.

“We don’t want this bill used as a loophole, a way to get a tenant evicted on a technicality,” Dougherty said.

The bill does not apply to complaints over domestic violence disputes, attempting to avoid “re-victimizing victims,” he added. The council had met with NYCLU representatives to compromise on the bill’s reach.

When asked about how the bill affects off-campus housing for university students, Cecile said the bill would affect Syracuse University students the same way it would any other resident of the city.

“People want to live in safe neighborhoods, that’s really what it comes down to,” Dougherty said. “I don’t know why anyone would be against this, as long as it’s done right, protections are there and it isn’t misused.”

Published on January 15, 2014 at 2:08 am