Public Conduct in Schenectady, NY

If you live in Schenectady or are thinking about moving there, public conduct are one of those things you probably won't think about until they affect you directly. Schenectady has 4 specific rules on the books covering different aspects of public conduct, and some of them might surprise you.

Skateboarding Rules

Riding a skateboard anywhere in Schenectady's Downtown Special Assessment District or the Upper Union Street Business Improvement District is banned outside specially designated areas under § 248-39(B). A violation is a traffic infraction carrying up to a $125 fine, and the city can impound the skateboard for up to 30 days.

Key details: Banned zones: Downtown SAD and Upper Union St BID. What's banned: Riding/propelling a skateboard outside designated areas. Classification: Traffic infraction, not a crime. Maximum fine: $125. Impound period: Up to 30 days.

A skateboarding violation in the Downtown Special Assessment District or the Upper Union Street Business Improvement District is a traffic infraction punishable by a fine of up to $125, impoundment of the skateboard for up to 30 days, or a court-ordered term of community service, and any combination of the three (§ 248-39(B)(4)). A parent or guardian who knowingly lets a child break the rule is separately responsible for permitting the violation under § 248-39(B)(3).

This is one of the stricter rules in Schenectady's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Loitering Rules

Schenectady's Peace and Good Order code bans loitering, loafing, wandering or standing idle in a public place when it blocks a street, sidewalk or business entrance. City Code § 192-12 lets any officer order the person to move on first; refusing that order, not loitering itself, is what turns into a violation punishable by up to $1,000 or 15 days in jail.

Key details: Penalty: Up to $1,000 fine or 15 days jail (§ 192-12C). Trigger: Refusing a police order to disperse. Continuing offense: Each day counts as a separate violation. Coverage: Streets, sidewalks, storefronts, public grounds. Amended: Ordinance No. 90-67 (1990).

Loitering alone is not charged: the violation is refusing a police officer's order to disperse after loitering in a way that blocks a sidewalk, street or business entrance under § 192-12B and C. A conviction brings a fine up to $1,000, up to 15 days in jail, or both, and each day the conduct continues counts as a new offense.

Public Alcohol Use

Drinking alcohol or holding an open, unsealed bottle or container of liquor, beer, or wine on any Schenectady street, sidewalk, or in a vehicle is unlawful unless the location is a licensed on-premises establishment. A first offense carries up to $250 or 15 days in jail.

Key details: Governing law: Ch. 126, Art. I, Open Bottles and Containers. First-offense fine: Up to $250 or 15 days jail. Repeat-offense fine: Up to $500 or 30 days jail. Exempt locations: Premises licensed for on-site consumption. Vehicle rule: Open bottle presumed possessed by all occupants.

A first violation of the open-container ban is punishable by a fine up to $250 or up to 15 days in jail under § 126-3. Each subsequent offense carries a fine up to $500 or up to 30 days in jail. An open container found in a vehicle is presumptive evidence against every occupant under § 126-2.

Compared to other cities, Schenectady takes a harder line on public alcohol use. The enforcement and penalty structure reflects that.

Outdoor Smoking Restrictions

Schenectady bars using tobacco products, including e-cigarettes, within 50 feet of any building the City owns or operates that is open to the public. City Code § 192-38, added in 2017, backs the buffer with a $50 fine per violation and bans placing ashtrays inside the no-smoking zone.

Key details: Buffer: 50 feet from City-owned public buildings. Fine: $50 per violation (§ 192-40C). Coverage: Includes e-cigarettes and vaping devices. Ashtrays: Banned inside the buffer zone (§ 192-39). Enforcement: Schenectady Police Department.

Smoking or using any tobacco product, including vaping, within 50 feet of a City-owned public building violates § 192-38 and carries a $50 fine per instance, with each occurrence charged separately. Leaving out an ashtray or other smoking receptacle inside the buffer zone is its own violation under § 192-39, enforced by the Schenectady Police Department.

The Bottom Line

Schenectady is tougher than many cities when it comes to public conduct. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Schenectady, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Schenectady's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.