General loitering in Buffalo is largely unenforceable after New York courts struck down vague statutes, but Buffalo Police use targeted New York Penal Law Article 240 provisions covering loitering for prostitution, drug sales, and trespass on school grounds.
New York's general loitering statute (Penal Law §240.35) has been narrowed substantially by Court of Appeals rulings finding several subsections unconstitutional, including loitering for begging (Loper v. NYC Police Dept., 1993) and loitering for prostitution-related offenses (repealed 2021 by the Walking While Trans Ban repeal). Surviving provisions cover loitering on school grounds, in transit facilities for unlawful purposes, and at controlled-substance locations. Buffalo Police rely on these specific subsections plus general trespass under §140.05. Constitutional challenges have made broad anti-loitering enforcement risky for cities.
Remaining on school grounds without a legitimate purpose, loitering at transit facilities for unlawful purposes, or trespassing on private property after warning can result in citations or arrest.
See how Buffalo's loitering rules rules stack up against other locations.
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