FINED for using my building's roof access

Subject: FINED for using my building's roof access

A great summer feel for this Memorial Day Weekend, this Sunday was perfect for get-together with friends and having a little BBQ. We were having a great time, until the NYPD came up to the roof and gave us all a summons. Here's how it went:

171 Rogers Ave between St John & Lincoln
3:00 PM - 8:33 PM - We are sitting on the roof, drinking some beer, all seated around a table and playing a card game of Bullshit. Music is on, but low. It's the Beach Boys. Bass-thumping rap music below is coming from a BBQ on street level next door. The roof is surrounded by gates and the floor is finished, and management encourages us to use the space. It's a selling point for them-- roof access, yippay! If you look in their craigslist ads, there's no hiding the fact that they want you to get excited about having a private roof. ( One ad can be found here for now http://newyork.craigslist.org/brk/abo/1767730362.html )

- 8:34 PM - The NYPD walks through the door of the rooftop connected to our building (Building 169 Rogers) and walks over to our side and asks who lives here. I get up, give them my id, and then they tell me it is illegal for us to be up here on the roof. I explain there must be a misunderstanding because this is private property, and I'm the leaseholder, and management has allowed us to use this space. The officer's argument was that it was a "Common Space" and that's why it's an issue. I said but it isn't PUBLIC. He said he had two options: Cuff us all and take us to the station, or two, give us all a summons which will result in $25 tickets per person. A summons for what? I thought we were getting it for being on the roof...

He wrote us up for Open Container. We weren't being rowdy or causing any harm, we were just sitting around, calmly, having a couple beers.

Then my friend mentioned to me that it was the end of the month, so maybe it had to do with quotas. A possibility, I thought. So I asked them. They said they received a call (but wouldn't tell me from who) that people were on the roof, and its their job to investigate. Now, if they find something, they need to enforce the law. And again, he stated in NEW YORK CITY, IT IS ILLEGAL TO BE ON THE ROOF OF ANY BUILDING UNLESS IT IS YOUR OWN PROPERTY. I contested, saying everybody does it (knowing that isn't an excuse), but why wouldn't we hear more of this? Especially since everybody is doing it, let's seem some crack-downs and more summons written. Then we'll get the idea that we aren't supposed to do it. I've never, ever heard of this.

In the meantime, I texted my building manager and he said we have every right to be on the roof. The police officers said the only way to contest this is to get a letter in writing from our management stating such and go to court to explain it.

Has anybody heard of this before?

I believe somebody could have called the cops because this neighborhood is full of dickheads. My superintendant came up to the roof and spoke to me after the police arrived and said "Somebody somewhere just doesn't want you to have a good time." But, on the other hand, these officers could have been monitoring the streets below at this crazy party where music is loud enough to shake buildings, and kids are running around on the sidewalk and street with bikes and little push scooters... So did they only come up here to get a couple quick summons on a party of 7 white, not-so-intimidating young adults? Really?

Here's the kicker: At the end of this all, the officer (Thomas) said, "Look, I'm going to tell you all now that we patrol these streets and these buildings and you're not going to see another group of officers come up here. It will only be us. So, enjoy your night and don't let this ruin it, continue on in the way you are. If we come up here again in the future, now we know you, and we'll dismiss it. But I'll tell ya right now that if my boss came up here with us, you'd all be leaving in hand cuffs." They proceeded to call me a patriot because of my party and my American flag shorts and huge American flag behind us all, giving attention to and petting my Great Dane and said she was a beautiful dog, made small talk about her, and bullshitted with us and laughed for a couple minutes before leaving.

I've lived in Brooklyn for only 4 years, but 2.5 years in this current apartment. What say you?

Here's the NYC Penal Code sec 10-125:
§ 10-125 Consumption of alcohol on streets prohibited. a. Definitions.
Whenever used in this section, the following terms are defined as
follows:
1. Alcoholic beverage. Any liquid intended for human consumption
containing more than one-half of one percent (.005) of alcohol by
volume.
2. Public place. A place to which the public or a substantial group of
persons has access including, but not limited to, any highway, street,
road, sidewalk, parking area, shopping area, place of amusement,
playground, park or beach located within the city except that the
definition of a public place shall not include those premises duly
licensed for the sale and consumption of alcoholic beverages on the
premises or within their own private property. Such public place shall
also include the interior of any stationary motor vehicle which is on
any highway, street, road, parking area, shopping area, playground, park
or beach located within the city.
b. No person shall drink or consume an alcoholic beverage, or possess,
with intent to drink or consume, an open container containing an
alcoholic beverage in any public place except at a block party, feast or
similar function for which a permit has been obtained.
c. Possession of an open container containing an alcoholic beverage by
any person shall create a rebuttable presumption that such person did
intend to consume the contents thereof in violation of this section.
d. Nothing in this section shall be deemed to prohibit the consumption
of an alcoholic beverage in any duly licensed establishment whose
certificate of occupancy extends upon a street.
e. Any person who shall be found to have violated any of the
provisions of this section shall be punished by a fine of not more than
twenty-five dollars ($25) or imprisonment of up to five (5) days, or
both, or pursuant to the provisions of the family court act of the state
of New York where applicable.