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Public Conduct

Why Yonkers Has Some of the Strictest Public Conduct in the State

By CityRuleLookup Editorial Team

If you live in Yonkers or are thinking about moving there, public conduct are one of those things you probably won't think about until they affect you directly. Yonkers has 3 specific rules on the books covering different aspects of public conduct, and some of them might surprise you.

Aggressive Panhandling

Yonkers bans aggressive solicitation everywhere in the city and bans all begging within 10 feet of a bank, check-cashing business or ATM entrance during business hours. City Code Chapter 86, adopted February 25, 2020, defines aggressive manner as touching, blocking passage, following, or approaching in a way that would make a reasonable person fear harm. Violations are a Class II offense.

Key details: Governing chapter: City Code Chapter 86, adopted 2-25-2020. Prohibited conduct: Solicit in an aggressive manner in any public place. Buffer zone: 10 feet from bank, check-cashing business or ATM. Penalty: Class II offense: $100-$5,000 fine or 15 days jail. Enforcing agency: Yonkers Police Department.

A violation of Chapter 86 is a Class II offense under § 86-4, punishable under the citywide penalty schedule in § 1-21 by a fine of $100 to $5,000, up to 15 days in jail, or both. Repeat Class II violations within three years escalate to Class I criminal penalties (fine up to $10,000 or up to one year in jail) under § 1-22. Each day of continued violation is a separate offense.

This is not one of those rules that cities tend to ignore. Yonkers actively enforces its aggressive panhandling requirements.

Public Alcohol Use

Yonkers makes it unlawful to drink alcohol on any City-owned sidewalk, street, highway, or Parking Authority and Board of Education property. Simply carrying an open container there, covered or not, creates a legal presumption that you've already violated the ban, unless the drinking happens at an approved block party.

Key details: Banned locations: City sidewalks, streets, highways, Parking Authority/BOE property. Open-container rule: Possession presumed to be consumption, covered or not. Exception: Approved block parties, § 103-85. Adopted: 1974, G.O. No. 25-1974. Default penalty: Class II offense, § 1-21.

Article X sets no fine of its own, so an open-container or public-drinking violation defaults to § 1-21's citywide Class II schedule: a criminal fine of $100 to $5,000, up to 15 days in jail, or a civil penalty of $250 to $5,000, enforced by the Yonkers Police Department. A second conviction for the same offense within three years is bumped up to Class I penalties, up to $10,000 or a year in jail.

This is not one of those rules that cities tend to ignore. Yonkers actively enforces its public alcohol use requirements.

Outdoor Smoking Restrictions

Yonkers City Code § 68-12 bans smoking, including e-cigarettes and vaping, inside any playground or within 50 feet of play equipment run by the Department of Parks and Recreation. § 68-13 sets a flat $50 fine for a violation of the Article IV playground-smoking rule.

Key details: Buffer zone: Inside playground or within 50 feet of equipment. Governing section: Yonkers City Code § 68-12. Includes: Vaping and marijuana smoking, added 2022. Penalty: Flat $50 fine (§ 68-13). Exception: Sidewalks immediately adjoining a playground.

Smoking inside a City playground, or within 50 feet of Parks and Recreation play equipment, violates § 68-12. § 68-13 fixes the penalty at a flat $50 fine per violation, distinct from the Class III fine that applies to other Chapter 68 smoking violations under § 68-10. The sidewalk immediately adjoining a playground is excluded from enforcement.

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

The Bottom Line

Yonkers is tougher than many cities when it comes to public conduct. Out of the 3 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Yonkers, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Yonkers's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.