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Cheektowaga, NY Public Conduct: Loitering Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Trigger
2+ loitering-related incidents in 2 years
Max civil penalty
$1,000 per day after notice
Possible remedy
court-ordered closing up to 1 year
Who sues
Town Attorney, Erie County Supreme Court
Governing chapter
Town Code Ch. 172, Nuisances

Summary

Cheektowaga has no stand-alone anti-loitering ordinance. Instead, its nuisance law counts a building or property used for loitering, as defined by the New York Penal Law, toward a civil public-nuisance finding. Two or more documented incidents within two years can trigger a Town Attorney lawsuit, penalties up to $1,000 a day, and even a court-ordered closing of the property.

PUBLIC NUISANCE Includes, but shall not be limited to: ... G. Any building, structure, or real property used for purposes of loitering as defined by the New York State Penal Law.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

' Cheektowaga does not separately criminalize loitering as personal conduct; the Town Code folds loitering into its civil nuisance-abatement scheme alongside illegal drug activity, prostitution, illegal gambling, and unlicensed alcohol sales. Under § 172-4 and § 172-5, two or more criminal convictions, arrests, or other qualifying incidents connected to loitering at the same property within a two-year period create prima facie evidence that the property is a public nuisance. Once that evidence exists, § 172-6 authorizes the Town Attorney to file a civil action in Erie County Supreme Court naming the property itself as a defendant by tax map number or address.

If the court finds a public nuisance, § 172-7 allows a civil penalty of up to $1,000 for each day the nuisance continued after the Town gave notice to abate, and §§ 172-8 through 172-9 let the court grant a permanent injunction and direct the Cheektowaga Police Department to close the building for up to one year. Section 172-12 also gives the Town Attorney an administrative-hearing track before a three-member panel appointed by the Building Commissioner, Chief of Police, and Town Supervisor, as an alternative to going straight to court.

Violations & Fines

A finding of public nuisance built on loitering-related incidents can bring a civil penalty of up to $1,000 per day the violation continued after notice to abate (§ 172-7), a permanent injunction (§ 172-8), and a Police Department-enforced closing of the property for up to one year (§ 172-9). Administrative remedies under § 172-13 also let the Town Supervisor suspend or revoke a certificate of occupancy for up to a year.

Frequently Asked Questions

Does Cheektowaga have a criminal loitering law?
No. The Town Code doesn't create its own loitering offense. Section 172-1 instead defines a 'public nuisance' to include property used for loitering as defined by the New York State Penal Law, which lets the Town pursue a civil nuisance case against the property rather than charge an individual with loitering directly.
How many loitering incidents does it take before the Town can act?
Section 172-4 and § 172-5 require two or more qualifying incidents, convictions, arrests, or accusatory instruments connected to loitering at the same building or property within a two-year period before those incidents become prima facie evidence of a public nuisance that the Town Attorney can act on.
What can happen to a property found to be a loitering nuisance?
Under §§ 172-7 through 172-9, a court can impose a civil penalty of up to $1,000 per day after notice to abate, grant a permanent injunction, and order the Cheektowaga Police Department to close the building for up to one year.

Sources & Official References

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