Section 3-101
§ 3-101 Flag of the mayor. The official flag of the mayor shall be the
same in design as the official flag of the city. Upon the middle or
white bar, however, and above the design of the seal in a semi-circle,
there shall be five blue five-pointed stars, typifying the five boroughs
of the city. The dimensions of such flag shall be thirty-three inches by
forty-four inches.
Section 3-102
§ 3-102 Flags and decorations; city hall park. All authority to
display flags or other decorations on, in or about the public buildings
within the city hall park, is vested in the mayor, unless otherwise
ordered by the council.
a. A Prisoner of War/Missing in Action POW/(MIA) flag shall be flown
over City Hall every day the American flag is flown until such time as
all persons listed as missing in action, from any branch of the United
States Armed Forces, and all persons from any branch of our armed forces
who are prisoners of war, are accounted for by the United States
Government.
Section 3-103
§ 3-103 Apprehension and conviction of criminals. The mayor, whenever
he or she shall deem it necessary, may issue a proclamation offering a
reward for information which shall lead to the apprehension or
apprehension and conviction of any person who may have committed a crime
within the city. In such proclamation, the mayor may offer a reward not
exceeding five hundred dollars for the apprehension of any such person
and not exceeding ten thousand dollars for the apprehension and
conviction of any such person, provided, however, that the mayor may
offer a reward not exceeding one hundred thousand dollars for the
apprehension and conviction of any person found guilty in connection
with an act of terrorism involving loss of life or substantial injury to
persons or property. Any such reward shall be paid out of the city
treasury upon a certificate of the mayor that the service required has
been performed. For purposes of this section, "terrorism" means
premeditated, politically motivated violence perpetrated against
noncombatant targets by subnational groups or clandestine agents.
Section 3-104
§ 3-104 Declaration of emergency. Whenever the mayor determines that
there has been an act of violence or a flagrant and substantial defiance
of or resistance to a lawful exercise of public authority, and that,
partly on account thereof, there is reason to believe that there exists
a clear and present danger of a riot or other general public disorder,
widespread disobedience of the law, and substantial injury to persons or
to property, all of which constitutes a threat to public peace or order
and to the general welfare of the city or a part or parts thereof, the
mayor may declare that a state of emergency exists within the city or
any part of parts thereof.
Section 3-105
§ 3-105 Emergency measures. 1. Whenever the mayor, pursuant to section
3-104, declares that a state of emergency exists, (a) the emergency
measures provided in subdivision two of this section shall thereupon be
in effect during the period of said emergency and throughout the city
and (b) the mayor may order and promulgate all or any of the emergency
measures provided in subdivision three of this section, in whole or in
part, and with such limitations and conditions as he or she may deem
appropriate, and any such emergency measure so ordered and promulgated
shall thereupon be in effect during the period of said emergency and in
the area or areas for which the emergency has been declared.
2. (a) The sale or other transfer of possession, with or without
consideration, offer to sell or so transfer, and the purchase of any
ammunition, guns and other firearms of any size or description is
prohibited.
(b) The displaying by or in any store or shop of any ammunition, guns
and other firearms of any size or description is prohibited.
(c) The possession in a public place of a rifle or shotgun by any
person, except a duly authorized law enforcement official or person in
military service acting in the official performance of his or her duty,
is prohibited.
(d) The possession of any rifle or shotgun in any place, public or
private, by a nonresident who has not been issued a permit by the police
commissioner, for the purchase and possession of rifles and shotguns, is
prohibited.
3. (a) The establishment of curfews, including, but not limited to,
the prohibition of or restrictions on pedestrian and vehicular movement,
standing and parking, except for the provision of designated essential
services such as fire, police and hospital services including the
transportation of patients thereto, utility emergency repairs and
emergency calls by physicians.
(b) The prohibition of the sale of any alcoholic beverage.
(c) The prohibition of the possession on the person in a public place
of any portable container containing any alcoholic beverage.
(d) The closing of places of public assemblage with designated
exceptions.
(e) The prohibition of the sale or other transfer of possession, with
or without consideration, of gasoline or any other flammable or
combustible liquid altogether or except by delivery into a tank properly
affixed to an operable motor-driven vehicle, bike, scooter, boat or
airplane and necessary for the propulsion thereof.
(f) The prohibition of the possession in a public place of any
portable container containing gasoline or any other flammable or
combustible liquid.
Section 3-106
§ 3-106 Filing and publication. Any state of emergency or emergency
measure declared or ordered and promulgated by virtue of the terms of
the code shall, as promptly as practicable, be filed in the office of
the city clerk and published in the City Record and shall also be
delivered to appropriate news media for publication and radio and
television broadcast thereby. If practicable, such state of emergency
declaration or emergency measure shall also be publicized by other
appropriate means such as by posting and loud-speakers.
Section 3-107
§ 3-107 Duration and termination of emergency. A state of emergency
established under the code shall commence upon the declaration thereof
by the mayor and shall terminate at the end of a period of five
consecutive days thereafter, unless prior to the end of such five day
period, the mayor shall either terminate such state of emergency or
shall declare an additional state of emergency. Any such additional
state of emergency shall commence and terminate as provided in section
3-104 and in this section.
Section 3-108
§ 3-108 Violations. Any knowing violation of a provision of any
emergency measure established pursuant to this chapter shall be a class
B misdemeanor punishable by a fine of not more than five hundred
dollars, or by imprisonment for not more than three months, or both.
Section 3-109
§ 3-109 Definitions. For the purposes of this chapter:
1. "Alcoholic beverage" shall mean an alcoholic beverage as that term
is defined by section three of the alcoholic beverage control law but
shall not include patented medicine.
2. "Rifle" and "shotgun" shall mean a rifle and shotgun as those terms
are defined by section 10-301 of the code.
Section 3-110
§ 3-110 Parking spaces. a. Notwithstanding any other provision of law,
the mayor, within the appropriation provided therefor, shall have the
power to establish parking spaces, pursuant to section seventy-two-j of
the general municipal law and assign whatever functions are necessary in
connection with the construction, operation and maintenance of such
parking spaces to appropriate city departments or agencies.
b. Any city department or agency to which functions are assigned by
the mayor in connection with the operation and maintenance of such
parking space may adopt rules and regulations necessary for the carrying
out of such functions. Violation of such rules and regulations shall be
triable by a judge of the New York city criminal court and punishable by
not more than thirty days imprisonment, a fine of not more than fifty
dollars, or both.
Section 3-111.
* § 3-111. a. Composition--(1) The mayor shall appoint a drug
enforcement and drug abuse task force which shall be chaired by the
criminal justice coordinator and shall consist of, but not be limited
to, representatives of the police department; human resources
administration; department of health and mental hygiene; department of
correction; department of housing preservation and development;
department of finance; department of probation; and the criminal justice
coordinator.
(2) The substance abuse task force shall request that the following
agencies or officers send their own representatives to serve on this
task force: health and hospitals corporation; board of education; the
New York county, Kings county, Queens county, Richmond county and Bronx
county district attorney's offices; and the special narcotics
prosecutor.
b. Report. The drug enforcement and drug abuse task force shall submit
an informal quarterly report of its ongoing coordination activities and
a formal annual report in September of each year to the mayor and the
council. Such report shall include any findings and recommendations of
the task force.
* NB Enacted without section heading.
Section 3-112.
§ 3-112. On-line reporting of domestic violence and hate crime
statistics. The mayor's office of operations shall include the following
police department statistics among the data presented on the My
Neighborhood Statistics pages of the city's website or on any successor
pages of such website that are substantially similar in form or
function:
(a) the number of domestic violence radio runs;
(b) the number of murders related to domestic violence;
(c) the number of rapes related to domestic violence;
(d) the number of felonious assaults related to domestic violence;
(e) the number of hate crimes;
(f) the number of murders determined by the police department to be
hate crimes; and
(g) the number of felonious assaults determined by the police
department to be hate crimes.
For purposes of subdivisions (e) through (g) of this section, the term
"hate crime" shall have the meaning ascribed to it by section 485.05 of
the New York penal law. Such statistics shall be provided in a manner
consistent with other police department data available on the pages of
such website.
Section 3-113.
§ 3-113. Posting of executive orders and memoranda of understanding on
the city's website.
a. (1) All mayoral executive orders issued on or after January 1, 1974
shall be posted on the city's website.
(2) All mayoral executive orders issued on or after July 1, 2011 shall
be provided to the council and posted on the city's website within five
business days from the date of execution.
b. (1) All memoranda of understanding or similar agreements entered
into between city agencies that materially affect the rights of or
procedures available to the public and could not be withheld from
disclosure under article six of the public officers law shall be posted
on the city's website within thirty days after taking effect and
thereafter during the period that they are in effect, unless their
disclosure would impair law enforcement or emergency response
operations.
(2) All memoranda of understanding or similar agreements entered into
between city agencies and non-city governmental agencies that materially
affect the rights of or procedures available to the public and could not
be withheld from disclosure under article six of the public officers law
shall be posted on the city's website within thirty days after taking
effect and thereafter during the period that they are in effect, unless
their disclosure would impair the ability of the city to enter into such
memoranda or agreements with such non-city agencies or impair law
enforcement or emergency response operations.
(3) The posting requirements set forth in this subdivision shall not
apply if posting could reasonably result in material adverse
consequences for city agency operations.
c. Where the length of a memorandum of understanding or similar
agreement is excessive, an agency may comply with this subdivision by
posting an excerpt and a brief summary of such memorandum or agreement
on the city's website, provided that the full version of such memorandum
of understanding or similar agreement shall be made available upon
request at no charge.
d. The documents posted in accordance with this section shall be made
available to the public on the city's website at no charge.
e. This section shall not be construed to create a private right of
action to enforce its provisions. Failure to comply with this section
shall not result in the invalidation of any mayoral executive order,
memorandum of understanding or similar agreement, or action taken
pursuant to such order or memorandum of understanding or similar
agreement.
Section 3-113
* § 3-113 Notification of status of government services during severe
weather conditions or other emergency. a. An agency or agencies
designated by the mayor shall notify the public of the status of any New
York city government services that are suspended or significantly
disrupted due to severe weather conditions or other emergency. Such
government services shall include, but not be limited to, collection of
solid waste, public transportation, on-street parking, and the operation
of educational facilities. The notification shall be through any medium
that is reasonably expected to reach a substantial proportion of the
community or communities impacted by the suspension or disruption of
government services, provided that, in addition to notification by any
other media, the designated agency or agencies shall maintain a
dedicated website on which all information regarding the status of
disrupted government services shall be made publicly available.
b. An agency or agencies designated by the mayor shall evaluate and
determine the feasibility of posting information regarding the
suspension or significant disruption of services provided by
not-for-profit organizations, who contract with the city to provide such
services, on the dedicated website established pursuant to this section.
* NB There are 3 § 3-113's
Section 3-114
§ 3-114 Agency liaisons. a. The chief business operations officer, or
other representative of the office of the mayor designated by the mayor,
shall ensure that each relevant agency designates an employee or
employees to serve as agency liaison(s) to such agency's regulated
community or communities, including but not limited to relevant chambers
of commerce and industry groups. Each liaison shall report to the chief
business operations officer, or other representative of the office of
the mayor designated by the mayor. Each liaison shall, to the extent
practicable, meet regularly with such liaison's agency's regulated
community or communities. For purposes of this subdivision, relevant
agencies shall include the department of buildings, the department of
consumer affairs, the department of health and mental hygiene, the
department of environmental protection, the department of sanitation,
and the fire department.
b. No later than July 1, 2013, and no later than every July 1
thereafter, the chief business operations officer, or other
representative of the office of the mayor designated by the mayor, shall
provide to the mayor and the speaker of the council a listing of the
name and contact information of designated agency liaisons.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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