Lackawanna, N.Y., Code of Ordinances ch. 116 § 116-1
Definitions
Operative Text
As used in this division, the following terms shall have the meanings indicated. CRIMINAL CONVICTION The entry of a plea of guilty to or a verdict of guilty for one or more counts set forth in an accusatory instrument. ILLEGAL DRUG ACTIVITY Use or possession of a controlled substance or marihuana (marijuana), as defined by the New York State Penal Law . OWNER The landlord of the premises, including his/her agent. PREMISES A building or structure, or any part thereof. PUBLIC NUISANCE The following are declared to be public nuisances. A. Any premises, building, structure or real property used for the purposes of prostitution as defined by New York State Penal Law Article 230 . B. Any premises, building, structure or real property used for purposes of indecency, obscene performances and/or promotion of obscene materials as defined by New York State Penal Law Article 235 . C. Any premises, building, structure or real property used for purposes of illegal gambling activity as defined by New York State Penal Law Article 225 . D. Any premises, building, structure or real property used for the purpose of illegal possession, use or sale of a firearm or weapon as defined by New York State Penal Law Article 265 . E. Any premises, building, structure or real property used for the purpose of illegal sale, manufacturing or consumption of alcohol beverages as defined by the New York State Alcohol Beverage Control Law. F. Any premises, building, structure or real property wherein there exists or has occurred a criminal nuisance as defined by the New York State Penal Law Section 240.45 or 240.46 . TENANT In addition to its ordinary meaning, shall include an occupant of one or more rooms in a rooming house or a resident, not including a transient occupant, of one or more rooms in a hotel who has been in possession for 30 consecutive days or longer.
Section 116-1 of Lackawanna, N.Y., Code of Ordinances Chapter 116 establishes the foundational definitions that govern the rest of the division's rules on public nuisances and related property conduct. Key terms—such as 'criminal conviction,' 'illegal drug activity,' 'owner,' 'premises,' 'public nuisance,' and 'tenant'—are given specific meanings that may differ from everyday usage. For example, a 'public nuisance' under this section encompasses a range of activities on a property, from prostitution and illegal gambling to unlawful firearm possession and criminal nuisance as defined by New York State Penal Law. These definitions set the interpretive boundaries for all obligations and prohibitions that follow in the division.
Plain English — not legal advice.
Property owners and their agents operating in Lackawanna should be familiar with the definitions established in § 116-1, because terms like 'owner,' 'premises,' and 'public nuisance' carry precise legal meanings that shape compliance obligations throughout Chapter 116. A compliant operator generally ensures that no activity occurring on their property falls within the enumerated public nuisance categories—such as illegal drug activity, unlawful gambling, or criminal nuisance under New York State Penal Law §§ 240.45–240.46. Understanding that 'owner' explicitly includes agents means that property managers acting on behalf of a landlord are also captured by this framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Lackawanna should be aware that § 116-1 defines 'tenant' broadly to include long-term hotel residents and rooming-house occupants who have been in continuous possession for 30 or more days, meaning protections and obligations under Chapter 116 may extend beyond traditional lease arrangements. The definition of 'public nuisance' in this section identifies specific categories of prohibited activity that, if occurring on a property, can trigger enforcement action under the broader ordinance. Tenants who believe their building is being used for activities that qualify as a public nuisance under § 116-1 may wish to consult a local tenant-rights organization or review the complaint processes available through the City of Lackawanna to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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