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NYC pink summons confusion

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stewie74

Junior Member
What is the name of your state? New York

Issued 2 summons this past weekend
NY Health Code violation 153.09 public urination and 240.20(5) impeding pedestian traffic

My questions are:
§153.09 is supposedly a NYC Health Code violation and a misdemeanor charge as opposed to NYC Sanitation Code §16-118 which is a violation
What's the difference?

240.20(5), I have no idea why I was given this I was'nt in anyone's way.

This is going to be a major pain for me as I live 3 hours away in PA. Will this show up on a background check?

Will some old trouble with the law as a frat boy in the early 90s stop me from being offered an ACD? No felonies, criminal mischeif, assualt and tresspass.
My record is clean for 15+years.
 


FlyingRon

Senior Member
Misdemeanors are criminal charges. Techically you could do some jail time.

As for the impeding, perhaps the pedestrians didn't want to walk through your piss.

Your best bet would be to get a NY-based lawyer to give you advice.
 

You Are Guilty

Senior Member
My questions are:
§153.09 is supposedly a NYC Health Code violation and a misdemeanor charge as opposed to NYC Sanitation Code §16-118 which is a violation
What's the difference?
My answers are:
Despite similar language, they are two different statutes.
Health Code said:
§153.09 Throwing or dropping offensive matter into streets, public places, rivers and other places prohibited.
No person shall throw or put any blood, swill, brine, offensive animal matter, noxious liquid, dead animals, offal, putrid or stinking vegetable or animal matter or other filthy matter of any kind, and no person shall allow any such matter to run or fall into any street, public place, sewer, receiving basin or river, any standing or running water or into any other waters of the City as defined in §145.01.
Sanitation Code said:
§ 16-118 Littering prohibited. 1. No person shall litter, sweep, throw
or cast, or direct, suffer or permit any servant, agent, employee, or
other person under his or her control, to litter, sweep, throw or cast
any ashes, garbage, paper, dust or other rubbish and refuse of any kind
whatsoever, in or upon any street or public place, vacant lot, air
shaft, areaway, backyard court or alley.

6. No swill, brine, offensive animal matter, noxious liquid, or other
filthy matter of any kind, shall be allowed by any person to fall upon
or run into any street, or public place, or be taken to or put therein.
I'm not so sure the Health Code violation is a misdemeanor though - where did you get that idea? (If you got an ECB ticket, then that's a violation - misdemeanors are handled in criminal court.)
240.20(5), I have no idea why I was given this I was'nt in anyone's way.
NYS PL said:
§ 240.20 Disorderly conduct.
A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:
1. He engages in fighting or in violent, tumultuous or threatening
behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an
obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
Disorderly conduct is a violation.
Where, precisely, were you taking the leak?
This is going to be a major pain for me as I live 3 hours away in PA. Will this show up on a background check?
Which background check?
Will some old trouble with the law as a frat boy in the early 90s stop me from being offered an ACD? No felonies, criminal mischeif, assualt and tresspass.
My record is clean for 15+years.
For prior violations, generally, no, particularly if they were from another jurisdiction. For multiple misdemeanors, quite possible (assuming the current court knows about them).
 

stewie74

Junior Member
From what I can dig up online:
urinating in a public place violates New York City Health Code (24 RCNY) § 153.09, and is a misdemeanor pursuant to New York City Charter § 558(e).

I was'nt even peeing on the streets/sidewalk. I am so confused by this.
 

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