Section 10-101
§ 10-101 Communication of alarms. The owners and proprietors of all
manufactories, hotels, tenement houses, apartment houses, office
buildings, boarding and lodging-houses, warehouses, stores and offices,
theatres and music halls, and the authorities or persons having charge
of all hospitals and asylums, and of the public schools and other public
buildings, churches and other places where large numbers of persons are
congregated for purposes of worship, instruction or amusement, and all
piers, bulkheads, wharves, pier sheds, bulkhead sheds or other
waterfront structures, shall provide such means of communicating alarms
of accident or danger to the police department, as the police
commissioner may prescribe.
Section 10-102
§ 10-102 Permit for equipping automobiles with radio receiving sets
capable of receiving signals on frequencies allocated for police use;
fee. a. It shall be unlawful for any person to equip an automobile with
a radio receiving set capable of receiving signals on the frequencies
allocated for police use, or use or possess an automobile so equipped,
without a permit issued by the police commissioner, in his or her
discretion, and in accordance with such regulations as the commissioner
may prescribe. Such permit shall expire one year from the date of
issuance thereof, unless sooner revoked by the commissioner, and shall
not be transferred from the vehicle in which it was installed at the
time the license was issued. The annual fee shall be twenty-five dollars
for each automobile so equipped. A permit may be renewed upon the
payment of a like sum and under like conditions.
b. The police commissioner is authorized, in his or her discretion, to
issue permits for radio receiving sets capable of receiving signals on
the frequencies allocated to police use to employees of federal, state
and municipal bureaus and departments without requiring the payment of
the annual fee herein provided.
c. Violations. Any person who shall violate any provision of this
section, upon conviction thereof, shall be punished by a fine of not
more than twenty-five dollars, or imprisonment for thirty days, or both.
Section 10-103
§ 10-103 Use of devices to decode coded police transmission via radio
or television prohibited. a. It shall be unlawful in the city of New
York for any person to unscramble or decode or possess or use any
instrument or article capable of unscrambling or decoding, scrambled or
coded police broadcasts by radio or television, unless such person is
duly authorized to do so by permit issued by the police commissioner of
the city of New York.
b. A person who violates this section is guilty of a misdemeanor.
Section 10-104
§ 10-104 Suppression of gaming and other houses. If any two or more
householders shall report in writing, over their signatures, to the
police commissioner or to a deputy police commissioner, that there are
good grounds, stating the same, for believing any house, room or
premises within the city to be kept or used as a common gambling-house,
common gaming-room, or common gaming premises, for playing for wagers of
money at any game of chance therein, or to be kept or used for lewd and
obscene purposes or amusements, or the deposit or sale of lottery
tickets or lottery policies, it shall be lawful for the police
commissioner or either of the commissioner's deputies to authorize, in
writing, any member or members of the force to enter the same who may
forthwith arrest all persons there found offending against law, but none
other; and seize all implements of gaming or lottery policies, and
convey any person so arrested before a judge of the criminal court, and
bring the articles so seized to the office of the property clerk. It
shall be the duty of such police commissioner or deputy police
commissioner to cause such arrested person to be rigorously prosecuted,
and such articles seized to be destroyed, as the orders, rules and
regulations of the commissioner shall direct.
Section 10-105
§ 10-105 Duties re-elections. It shall be the duty of the police
force, or any member thereof, to prevent any booth, or box, or structure
for the distribution of tickets at any election from being erected or
maintained within one hundred fifty feet of any polling place within the
city, and summarily to remove any such booth, box or structure, or to
close and prevent the use thereof.
Section 10-106
§ 10-106 Reporting and depositing lost money or property. a. Any
person who finds any lost money or property of or exceeding the value of
ten dollars shall report such finding to and deposit such money or
property in a police station house within ten days after the finding
thereof. Such money or property shall thereupon be transmitted to the
property clerk who shall make entry of such deposit in his or her
records. Such money or property as shall remain in the custody of the
property clerk for a period of three months without a lawful claimant
entitled thereto shall be turned over to the person who found and
deposited the same. If the person who so found and deposited such money
or property shall not appear and claim the same within thirty days after
notice by registered mail of the expiration of said three months'
period, such money or property shall, in the case of money, be paid into
the general fund of the city established pursuant to section one hundred
nine of the charter, and in the case of property be sold at public
auction after having been advertised in "the City Record" for a period
of ten days and the proceeds of such sale shall be paid into such fund.
b. Any person who shall violate, or refuse, or neglect to comply with
any provision of this section, upon conviction thereof, shall be
punished by a fine of not more than one thousand dollars or imprisonment
not exceeding one year, or both.
Section 10-107
§ 10-107 Yellow flashing lights on volunteer emergency vehicles.
a. Definitions. 1. "Volunteer vehicles". Any commercial or privately
owned non-commercial vehicle, the owner or operator of which is enrolled
as a member of a duly recognized organization whose function is to
volunteer assistance to the New York city police department in the
patrolling of New York city roadways.
2. "Assistance". Serving in any highway patrol activity to keep
traffic moving, direct traffic around accidents, check on stalled cars.
b. Regulation. A flashing yellow light which must be revolving,
rotating, flashing, oscillating or constantly moving light, may be
affixed to a duly recognized volunteer vehicle, and such light may be
displayed on such recognized volunteer vehicle when said vehicle is
engaged in rendering assistance.
Section 10-108
§ 10-108 Regulation of sound devices or apparatus. a. Legislative
declaration. It is hereby declared that the use or operation of any
radio device or apparatus or any device or apparatus for the
amplification of sounds from any radio, phonograph or other sound-making
or sound-producing device, or any device or apparatus for the
reproduction or amplification of the human voice or other sounds, in
front of or outside of any building, place or premises, or in or through
any window, doorway or opening of such building, place or premises,
abutting or adjacent to a public street, park or place, or in or upon
any vehicle operated, standing or being in or upon any public street,
park or place, where the sounds therefrom may be heard upon any public
street, park or place, or from any stand, platform or other structure,
or from any airplane or other device used for flying, flying over the
city, or on a boat or on the waters within the jurisdiction of the city,
or anywhere on or in the public streets, parks or places, is detrimental
to the health, welfare and safety of the inhabitants of the city, in
that such use or operation diverts the attention of pedestrians and
vehicle operators in the public streets, parks and places, thus
increasing traffic hazards and causing injury to life and limb. It is
hereby further declared that such use or operation disturbs the public
peace and comfort and the peaceful enjoyment by the people of their
rights to use the public streets, parks and places for street, park and
other public purposes and disturbs the peace, quiet and comfort of the
neighboring inhabitants. Therefore, it is hereby declared as a matter of
legislative determination that the prohibition of such use or operation
for commercial or business advertising purposes and the proper
regulation of such use and operation for all other purposes is essential
to protect the health, welfare and safety of the inhabitants of the
city, to secure the health, safety, comfort, convenience, and peaceful
enjoyment by the people of their rights to use the public streets, parks
and places for street, park and other public purposes and to secure the
peace, quiet and comfort of the city's inhabitants. It is hereby further
declared as a matter of legislative determination that the expense of
supervising and regulating the use and operation of such sound devices
and apparatus for purposes other than commercial and business
advertising purposes should be borne by the persons using or operating
such devices and apparatus and that the requirement of a nominal fee for
the issuance of a permit for such use and operation as hereinafter
prescribed is intended to defray the expenses of regulating such use or
operation for the health, welfare and safety of all the people.
b. Definitions. As used in this section:
1. The term "public holidays" shall mean those days expressly set
forth in section twenty-four of the general construction law.
2. The term "sound device or apparatus" shall mean any radio device or
apparatus, or any device or apparatus for the amplification of any
sounds from any radio, phonograph, or other sound-making or
sound-producing device, or any device or apparatus for the reproduction
or amplification of the human voice or other sounds;
3. The phrase "to use or operate any sound device or apparatus in, on,
near or adjacent to any public street, park or place," shall mean to use
or operate or cause to be used or operated any sound device or apparatus
in front or outside of any building, place or premises, or in or through
any window, doorway or opening of such building, place or premises,
abutting on or adjacent to a public street, park or place, or in or upon
any vehicle operated, standing or being in or on any public street, park
or place, where the sounds therefrom may be heard upon any public
street, park or place, or from any stand, platform or other structure,
or from any other airplane or other device used for flying, flying over
the city, or on a boat or on the waters within the jurisdiction of the
city, or anywhere on the public streets, parks or places.
c. Use and operation of the sound devices and apparatus for commercial
and business advertising purposes. It shall be unlawful for any person
to use or operate any sound device or apparatus in, on, near or adjacent
to any public street, park or place, for commercial and business
advertising purpose.
d. Use and operation of sound devices and apparatus for other than
commercial and business advertising purposes; permit required. It shall
be unlawful for any person to use or operate any sound device or
apparatus, in, on, near or adjacent to any public street, park or place,
unless such person shall have first obtained a permit to be issued by
the police commissioner in the manner hereinafter prescribed and unless
the police commissioner shall comply with the provisions of this section
and the terms and conditions prescribed in such permit.
e. Applications. Each applicant for a permit to use or operate a sound
device or apparatus in, on, near or adjacent to any public street, park
or place shall file a written application with the police commissioner,
at the police precinct covering the area in which such sound device or
apparatus is to be used or operated, at least five days prior to the
date upon which such sound device or apparatus is to be used or
operated. Such application shall describe the specific location in which
such sound device or apparatus is proposed to be used or operated, the
day and the hour or hours during which it is proposed to be used or
operated, the volume of sound which is proposed to be used measured by
decibels or by any other efficient method of measuring sound, and such
other pertinent information as the police commissioner may deem
necessary to enable the police commissioner to carry out the provisions
of this section.
f. Issuance of permit; terms. The police commissioner shall not deny a
permit for any specific time, location or use, to any applicant who
complies with the provisions of this section, except for one or more of
the reasons specified in subdivision g hereof or for non-payment of the
fee prescribed in subdivision h hereof, or to prevent overlapping in the
granting of permits, provided, however, that a permit issued for
multiple days shall be issued only for multiple days within a period of
five consecutive calendar days and only at the same location. Each
permit issued pursuant to this section shall describe the specific
location in which such sound device or apparatus may be used or operated
thereunder, the exact period of time for which such apparatus or device
may be operated in such location, the maximum volume of sound which may
be employed in such use or operation and such other terms and conditions
as may be necessary, for the purpose of securing the health, safety,
comfort, convenience and peaceful enjoyment by the people of their right
to use the public streets, parks or places for street, park or other
public purposes, protecting the health, welfare and safety of the
inhabitants of the city, and securing the peace, quiet and comfort of
the neighboring inhabitants.
g. Special restrictions. The police commissioner shall not issue any
permit for the use of a sound device or apparatus:
1. In any location within five hundred feet of a school, courthouse or
church, during the hours of school, court or worship, respectively, or
within five hundred feet of any hospital or similar institution;
2. In any location where the commissioner, upon investigation, shall
determine that the conditions of vehicular or pedestrian traffic or both
are such that the use of such a device or apparatus will constitute a
threat to the safety of pedestrians or vehicular operators;
3. In any location where the commissioner, upon investigation, shall
determine that conditions of overcrowding or of street repair or other
physical conditions are such that the use of a sound device or apparatus
will deprive the public of the right to the safe, comfortable,
convenient and peaceful enjoyment of any public street, park or place
for street, park or other public purposes, or will constitute a threat
to the safety of pedestrians or vehicle operators;
4. In or on any vehicle or other device while it is in transit;
5. Between the hours of ten p. m. and nine a. m.; or
6. Between the hours of eight p.m. or sunset, whichever is later, and
nine a.m. on weekdays and between the hours of eight p.m. or sunset,
whichever is later, and ten a.m. on weekends and public holidays, in any
location within fifty feet of any building that is lawfully occupied for
residential use. The distance of fifty feet shall be measured in a
straight line from the point on the exterior wall of such building
nearest to any point in the location for which the permit is sought.
h. Fees. Each applicant for a single-day permit issued under the
provisions of this section shall pay a fee of forty-five dollars for the
use of each such sound device or apparatus and each applicant for a
multiple-day permit issued under the provisions of this section shall
pay a fee of forty-five dollars for the use of each such sound device or
apparatus for the first day and a fee of five dollars for the use of
each such sound device or apparatus for each additional day up to a
maximum of four additional days, provided, however, that permits for the
use of such sound devices or apparatus shall be issued to any bureau,
commission, board or department of the United States government, the
state of New York, and the city of New York, without fee.
i. Exceptions. The provisions of this section shall not apply to the
use or operation of any sound device or apparatus by any church or
synagogue on or within its own premises, in connection with the
religious rites or ceremonies of such church or synagogue.
j. Violations. 1. Any person who shall violate any provision of this
section, upon conviction thereof, shall be punished by a fine of not
more than one hundred dollars or imprisonment for thirty days, or both.
2. Any person who shall violate any provision of this section, any
rule promulgated pursuant thereto or the terms of a permit issued
pursuant to subdivision f of this section, shall be liable for a civil
penalty recoverable in a civil action brought in the name of the police
commissioner or the commissioner of environmental protection or in a
proceeding before the environmental control board in an amount of two
hundred fifty dollars for the first violation, five hundred dollars for
the second violation and seven hundred fifty dollars for the third and
each subsequent violation. However, any person who commits a fourth and
any subsequent violation within a period of six months shall be
classified as a persistent violator and shall be liable for a civil
penalty of one thousand dollars for each such violation.
k. Rules. The police commissioner shall have the power to make such
rules as may be necessary to carry out the provisions of this section.
l. The police department and the department of environmental
protection shall have the authority to enforce the provisions of this
section.
Section 10-110
§ 10-110 Processions and parades. a. Permits. A procession, parade, or
race shall be permitted upon any street or in any public place only
after a written permit therefor has been obtained from the police
commissioner. Application for such permit shall be made in writing, upon
a suitable form prescribed and furnished by the department, not less
than thirty-six hours previous to the forming or marching of such
procession, parade or race. The commissioner shall, after due
investigation of such application, grant such permit subject to the
following restrictions:
1. It shall be unlawful for the police commissioner to grant a permit
where the commissioner has good reason to believe that the proposed
procession, parade or race will be disorderly in character or tend to
disturb the public peace;
2. It shall be unlawful for the police commissioner to grant a permit
for the use of any street or any public place, or material portion
thereof, which is ordinarily subject to great congestion or traffic and
is chiefly of a business or mercantile character, except, upon loyalty
day, or upon those holidays or Sundays when places of business along the
route proposed are closed, or on other days between the hours of
six-thirty post meridian and nine ante meridian;
3. Each such permit shall designate specifically the route through
which the procession, parade or race shall move, and it may also specify
the width of the roadway to be used, and may include such rules and
regulations as the police commissioner may deem necessary;
4. Special permits for occasions of extraordinary public interest, not
annual or customary, or not so intended to be, may be granted by the
commissioner for any street or public place, and for any day or hour,
with the written approval of the mayor;
5. The chief officer of any procession, parade or race, for which a
permit may be granted by the police commissioner, shall be responsible
for the strict observance of all rules and regulations included in said
permit.
b. Exemptions. This section shall not apply:
1. To the ordinary and necessary movements of the United States army,
United States navy, national guard, police department and fire
department; or
2. To such portion of any street as may have already been, or may
hereafter be duly, set aside as a speedway; or
3. To processions or parades which have marched annually upon the
streets for more than ten years, previous to July seventh, nineteen
hundred fourteen.
c. Violations. Every person participating in any procession, parade or
race, for which a permit has not been issued when required by this
section, shall, upon conviction thereof, be punished by a fine of not
more than twenty-five dollars, or by imprisonment for not exceeding ten
days, or by both such fine and imprisonment.
Section 10-111
§ 10-111 Unattended vehicles. a. It shall be unlawful for any person
driving or in charge of a motor vehicle to permit it to stand unattended
on the streets or thoroughfares of the city, without first stopping the
engine, locking the ignition and, where the ignition is locked or
unlocked by a key or other device, removing such key or other device.
b. Violations. Any person who violates the provisions of this section,
upon conviction thereof, shall be punished by a fine of two hundred
fifty dollars or imprisonment not to exceed two days, or both. Whenever
a police officer shall find a motor vehicle standing in violation of
this provision, the officer may stop the engine and/or remove the
ignition key or device therefrom and, in the event that the owner or
operator thereof is not present, shall deliver the ignition key or
device to the nearest patrol precinct station house within one hour
after removing same to be held for and returned to such owner or
operator. In the event the key or device is so delivered to a station
house, the officer shall attach to the vehicle a tag stating where the
ignition key or device may be reclaimed.
c. The provisions of this section shall not apply to any person
driving or in charge of a utility vehicle regulated by the New York
state public service commission when the engine is used to operate a
processing device and the wheels on the vehicle are chocked and an
emergency brake is applied to secure the vehicle in place.
Section 10-112
§ 10-112 Parking of trailers in vacant lots. It shall be unlawful to
park any automobile trailer or house car for living or sleeping purposes
in any vacant lot unless the owner or operator of such trailer or house
car shall have obtained the written permission of the owner of such
vacant lot and there has been full compliance with the provisions of the
health code. Any person who shall violate the provisions of this section
shall be guilty of a misdemeanor.
Section 10-113
§ 10-113 Parking of motor vehicles in vacant lots. It shall be
unlawful to park any motor vehicle in any vacant lot for which a
driveway across the sidewalk has not been authorized pursuant to the
provisions of the code. Any person who shall violate the provisions of
this section and the owner of any motor vehicle parked in violation of
this section by any person using the same with the permission, express
or implied, of said owner, shall be guilty of an offense punishable by a
fine of not to exceed fifty dollars or by imprisonment not to exceed ten
days or by both such fine and imprisonment.
The provisions of this section shall not apply to parking lots or
parking spaces referred to in section 20-322 of the code.
An appearance ticket charging violation of this section may be issued
and served pursuant to the provisions of article one hundred fifty of
the criminal procedure law.
Section 10-114
§ 10-114 Street shows. a. It shall be unlawful to give any exhibition
of climbing or scaling on the front or exterior of any house or
building.
b. It shall likewise be unlawful for any person, from any window or
open space of any house, or building, to exhibit to the public upon the
street, or the sidewalk thereof, any performance of puppet or other
figures, ballet or other dancing, comedy, farce, show with moving
figures, play or other entertainment.
c. Violations. Any person who shall violate any provision of this
section, upon conviction thereof, shall be punished by a fine of not
more than twenty-five dollars, or imprisonment for thirty days, or both.
Section 10-115
§ 10-115 Solicitation of pedestrians by pullers-in. a. It shall be
unlawful for any person to stand, or cause or permit any person to stand
on the sidewalk or street in front of, or in the entrance or hallway of
any store or building for the purpose of calling the attention of
passersby to goods, wares or merchandise displayed or on sale in such
store or any other store or building, or to solicit patronage for any
business or service, or to attempt by word of mouth or gesture, or by
the distribution of handbills or other printed matter, or by the use of
mechanical or sound making devices, to entice or persuade passersby to
enter such store or building, or any other store or building, or to
accept the services of any business.
b. Any person who shall violate any provision of this section shall,
upon conviction thereof, be punished by a fine of not more then fifty
dollars, imprisonment for not exceeding ten days, or both.
Section 10-116
§ 10-116 Damaging houses of religious worship or religious articles
therein prohibited. Any person who wilfully and without authority
breaks, defaces or otherwise damages any house of religious worship or
any portion thereof, or any appurtenances thereto, including religious
figures or religious monuments, or any book, scroll, ark, furniture,
ornaments, musical instrument, article of silver or plated ware, or any
other chattel contained therein for use in connection with religious
worship, or any person who knowingly aids, abets, conceals or in any way
assists any such person shall be guilty of a misdemeanor punishable by
imprisonment of not more than one year or by a fine of not more than two
thousand five hundred nor less than five hundred dollars, or both. In
addition, any person violating this section shall be subject to a civil
penalty of not less than ten thousand dollars and not more than
twenty-five thousand dollars. Such civil penalty shall be in addition to
any criminal penalty or sanction that may be imposed, and such civil
penalty shall not limit or preclude any cause of action available to any
person or entity aggrieved by any of the acts prohibited by this
section.
Section 10-117
§ 10-117 Defacement of property, possession, sale and display of
aerosol spray paint cans, broad tipped markers and etching acid
prohibited in certain instances. a. No person shall write, paint or draw
any inscription, figure or mark or affix, attach or place by whatever
means a sticker or decal of any type on any public or private building
or other structure or any other real or personal property owned,
operated or maintained by a public benefit corporation, the city of New
York or any agency or instrumentality thereof or by any person, firm, or
corporation, or any personal property maintained on a city street or
other city-owned property pursuant to a franchise, concession or
revocable consent granted by the city, unless the express permission of
the owner or operator of the property has been obtained.
a-1. For purposes of this section, "property of another" shall mean
all property, including real property, that is not owned, rented, or
leased by a person; provided that such term shall not include a location
that serves as such person's residence.
a-2. For purposes of this section, "educational facility" shall mean
any building affiliated with an institution that maintains a list of
enrolled students and is used for educational purposes for more than
twelve (12) hours per week for more than six (6) students.
b. No person shall possess an aerosol spray paint can, broad tipped
indelible marker or etching acid with the intent to violate the
provisions of subdivision a of this section.
c. No person shall sell or offer to sell an aerosol spray paint can,
broad tipped indelible marker or etching acid to any person under
twenty-one years of age.
c-1. No person under twenty-one years of age shall possess an aerosol
spray paint can, broad tipped indelible marker or etching acid in or on
the property of another. This subdivision shall not be deemed to
prohibit the possession of an aerosol spray paint can, broad tipped
indelible marker or etching acid where such item is contained in a
manufacturer-sealed package or completely enclosed in a locked
container, which shall include bags, backpacks, briefcases and other
containers that can be closed and secured with a key or combination
lock.
c-2. This section shall not apply to any person possessing an aerosol
spray paint can, broad tipped indelible marker or etching acid while in
or on the property of another in violation of subdivision c-1 of this
section, where:
(1) the owner, operator or other person having control of the
property, building or facility consented in writing to the use or
possession of the aerosol spray paint can, broad tipped indelible marker
or etching acid; or
(2) such person uses or possesses the aerosol spray paint can, broad
tipped indelible marker or etching acid under the supervision of the
owner or person in control of such property; or
(3) such person is at his or her place of employment and the aerosol
spray paint can, broad tipped indelible marker or etching acid was, will
be or is being used during the course of such employment and used only
with written permission from, or under the supervision of his or her
employer or such employer's agent; or
(4) such person is at an educational facility and uses or will use the
aerosol spray paint can, broad tipped indelible marker or etching acid
at the educational facility, where he or she is enrolled, and is
participating in a class at the educational facility that requires the
use or possession of such items; or
(5) such person is on the property of another and uses or will use the
aerosol spray paint can, broad tipped indelible marker or etching acid
in or on the property of another if such use or possession is necessary
to participate in a government-sponsored function or in other
circumstances where a government agency gives its consent to such use or
possession.
d. All persons who sell or offer for sale aerosol spray paint cans,
broad tipped indelible markers or etching acid shall not place such
cans, markers or etching acid on display and may display only facsimiles
of such cans, markers or etching acid containing no paint, ink or
etching acid.
e. For the purpose of this section, the term "broad tipped indelible
marker" shall mean any felt tip marker or similar implement containing a
fluid that is not water soluble and which has a flat or angled writing
surface one-half inch or greater. For the purpose of this section, the
term "etching acid" shall mean any liquid, cream, paste or similar
chemical substance that can be used to etch, draw, carve, sketch,
engrave, or otherwise alter, change or impair the physical integrity of
glass or metal.
f. Any person who violates the provisions of paragraph a of this
section shall be guilty of a class A misdemeanor punishable by a fine of
not more than one thousand dollars or imprisonment of not more than one
year, or both. Any person who violates the provisions of paragraph b of
this section shall be guilty of a class B misdemeanor punishable by a
fine of not more than five hundred dollars or a term of imprisonment of
not more than three months, or both. Any person who violates the
provisions of paragraphs c or d of this section shall be guilty of a
misdemeanor punishable by a fine of not more than five hundred dollars
or imprisonment of not more than three months, or both. Any person who
has been previously convicted of violating the provisions of paragraphs
c or d of this section shall be guilty of a class A misdemeanor
punishable by a fine of not more than one thousand dollars or
imprisonment of not more than one year, or both. Any person who violates
the provisions of paragraph c-1 of this section shall be guilty of a
violation punishable by a fine of not more than two hundred fifty
dollars or imprisonment of not more than fifteen days, or both. When a
person is convicted of an offense defined in subdivision a or b of this
section, or of an attempt to commit such offense, and the sentence
imposed by the court for such conviction includes a sentence of
probation or conditional discharge, the court shall, where appropriate,
include as a condition of such sentence the defendant's successful
participation in a graffiti removal program pursuant to paragraph (h) of
subdivision two of section 65.10 of the penal law.
g. In addition to the criminal penalties imposed pursuant to
subdivision f of this section, a person who violates the provisions of
subdivision a, b, c or d of this section shall be liable for a civil
penalty of not more than five hundred dollars for each violation which
may be recovered in a proceeding before the environmental control board.
Any person who has been previously convicted of violating the provisions
of subdivision a, b, c or d of this section shall be liable for a civil
penalty of not more than one thousand dollars for each violation which
may be recovered in a proceeding before the environmental control board.
Such proceeding shall be commenced by the service of a notice of
violation returnable before such board. Anyone found to have violated
the provisions of subdivision a of this section, by affixing, attaching
or placing by whatever means a sticker or decal, in addition to any
penalty imposed, shall be responsible for the cost of the removal of the
unauthorized stickers or decals.
h. In addition to police officers, officers and employees of the
department of consumer affairs, sanitation, environmental protection and
transportation shall have the power to enforce the provisions of this
section and may issue notices of violation, appearance tickets or
summonses for violations thereof.
i. There shall be a rebuttable presumption that the person whose name,
telephone number, or other identifying information appears on any
sticker or decal affixed, attached or placed by whatever means in
violation of subdivision a of this section violated this section by
either (i) affixing, attaching or placing by whatever means such sticker
or decal or (ii) directing, suffering or permitting a servant, agent,
employee or other individual under such persons control to engage in
such activity.
j. There shall be a rebuttable presumption that if a telephone number
that appears on any sticker or decal affixed, attached or placed by
whatever means in violation of subdivision a of this section belongs to
a telephone answering service and no other telephone number or address
is readily obtainable to locate the person or business advertised
therein, such telephone answering service shall be held liable for a
violation of subdivision a in accordance with the provisions of this
section.
k. The commissioner of the department of sanitation shall be
authorized to issue subpoenas to obtain official telephone records for
the purpose of determining the identity and location of any person or
entity reasonably believed by the commissioner to have violated
subdivision a of this section by affixing, attaching or placing by
whatever means a sticker or decal.
l. For the purposes of imposing a criminal fine or civil penalty
pursuant to this section, every sticker or decal affixed, attached or
placed by whatever means in violation of subdivision a of this section,
shall be deemed to be the subject of a separate violation for which a
separate criminal fine or civil penalty shall be imposed.
Section 10-117.1
§ 10-117.1 Anti-graffiti task force. a. There is hereby established an
anti-graffiti task force consisting of at least seven members. The
speaker of the council shall appoint three members, and the mayor shall
appoint the balance of the members, one of whom shall serve as
chairperson. The members of the task force shall be appointed within
thirty days of the effective date of this section and shall serve
without compensation. The task force shall have a duration of twelve
months.
b. The task force shall:
1. Assess the scope and nature of the city's graffiti problem,
including geographical concentration, perpetrator profile and future
trends.
2. Examine the effectiveness of existing provisions of law aimed at
curbing graffiti vandalism, and propose amendments to strengthen such
legislation.
3. Review current law enforcement activity, clarify enforcement
responsibility and suggest ways to augment enforcement capability.
4. Identify all existing public and private anti-graffiti programs
citywide and in each borough.
5. Survey efforts to combat graffiti in other jurisdictions, consider
the replication of such programs in New York city and recommend further
programmatic initiatives.
6. Propose a coordinated, comprehensive anti-graffiti program
encompassing prevention, education, removal and enforcement.
7. Maintain regular and systematic contact with civic associations,
community boards and other concerned groups and individuals.
8. Assist in the establishment of borough and community anti-graffiti
task forces.
c. The task force shall meet at least quarterly and shall issue a
final report to the mayor and the council detailing its activities and
recommendations.
Section 10-117.2
§ 10-117.2 Rewards for providing information leading to apprehension,
prosecution or conviction of a person for crimes involving graffiti
vandalism. The mayor, upon the recommendation of the police
commissioner, shall be authorized to offer and pay a reward in an amount
not exceeding five hundred dollars to any person who provides
information leading to the apprehension, prosecution or conviction of
any person who may have violated the provisions of subdivision a or b of
section 10-117 of this chapter, or who may have committed any other
crime where the unlawful conduct included the conduct described in
subdivision a or b of such section. No police officer, peace officer or
any other law enforcement officer, and no officer, official or employee
of the city of New York shall be entitled, directly or indirectly, to
collect or receive any such reward.
Section 10-117.3
§ 10-117.3 Remedies for failure to remove graffiti from certain
premises.
a. Definitions. For purposes of this section, the following terms
shall have the following meanings:
1. "Graffiti" means any letter, word, name, number, symbol, slogan,
message, drawing, picture, writing or other mark of any kind visible to
the public from a public place that is drawn, painted, chiseled,
scratched, or etched on a commercial building or residential building,
or any portion thereof, including fencing, that is not consented to by
the owner of the commercial building or residential building. There
shall be a rebuttable presumption that such letter, word, name, number,
symbol, slogan, message, drawing, picture, writing or other mark of any
kind is not consented to by the owner. Such presumption may be rebutted
by the owner informing the city that the owner consents to the marking
and intends that it remain on the building.
2. "Commercial building" means any building that is used, or any
building a portion of which is used, for buying, selling or otherwise
providing goods or services, or for other lawful business, commercial,
professional services or manufacturing activities.
3. "Residential building" means any building containing one or more
dwelling units.
4. "Public place" means 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, plaza, shopping area, place of
amusement, playground, park, beach or transportation facility.
b. Duty to keep property free of graffiti. The owner of every
commercial building and residential building shall keep and cause to be
kept such building free of all graffiti.
c. Availability of city funds; graffiti removal. Subject to the
availability of annual appropriations, an agency or agencies designated
by the mayor shall provide graffiti removal services to abate graffiti
on commercial buildings and residential buildings without charge to the
property owner. The owner of any commercial or residential building may
request that such agency or agencies remove or conceal graffiti from
such building through the city's graffiti removal services.
d. Notification to owner of nuisance. If the owner of a commercial or
residential building is in violation of subdivision b of this section,
the city shall notify the owner of such building that the building has
been determined to be a nuisance and that, after thirty-five days from
the date of such notice, or after fifty days from the date of such
notice if such owner has requested an extension within the initial
thirty-five day period, unless such owner abates the nuisance by
removing or concealing the graffiti and notifies the city of such
abatement or informs the city that the owner consents to the marking and
intends that it remain on the building, the owner shall be deemed to
have given permission to the city and/or its contractors or agents to
enter or access the property and use the means it determines appropriate
to abate the nuisance by removing or concealing the graffiti. Such
permission shall not be deemed to include permission to enter any
commercial or residential building.
e. Content of notice.
1. The notice that the property has been determined to be a nuisance
as a result of graffiti on such property shall be provided (a) to the
owner of a commercial or residential building by mailing a copy of such
notice to the address of such building, if any, appearing in the latest
assessment roll, (b) to the owner of record at the address provided by
such owner to the commissioner of finance for communications from the
commissioner of finance, and (c) if the address filed with the
department of housing preservation and development in compliance with
article two of subchapter four of chapter two of title twenty-seven of
this code is different than the addresses described in subparagraphs (a)
and (b) of this paragraph, to the person registered with the department
of housing preservation and development as the owner or agent of the
premises, at the address filed with such department in compliance with
article two of subchapter four of chapter two of title twenty-seven of
this code.
2. Such written notice shall, at a minimum: (a) describe the city's
graffiti removal services; (b) identify the property that has become a
nuisance; (c) indicate that, if an owner, within thirty-five days of the
date of such notice, or within fifty days of the date of such notice if
such owner has requested an extension within the initial thirty-five day
period, fails: (i) to abate the nuisance by removing or concealing the
graffiti and to notify the city of such abatement, or (ii) to inform the
city that the owner consents to the marking and intends that it remain
on the building, the city and/or its contractors or agents may enter or
access the property and use the means it determines appropriate to abate
the nuisance by removing or concealing the graffiti; (d) indicate the
method by which an owner may contact the city for the purpose of
conveying any information or making any request in accordance with
subdivision d of this section; and (e) provide a telephone number for
the owner to call with any questions regarding the city's graffiti
removal services.
f. Removal of graffiti by the city.
1. If an owner, within thirty-five days of the date of notice provided
pursuant to subdivision d of this section, or within fifty days of the
date of such notice if such owner has requested an extension within the
initial thirty-five day period, fails to abate the nuisance by removing
or concealing the graffiti and to notify the city of such abatement, or
to inform the city that the owner consents to the marking and intends
that it remain on the building, the city and/or its contractors or
agents may enter or access the property and use the means it determines
appropriate to abate the nuisance by removing or concealing the
graffiti.
2. In no case shall the city be required to clean, paint, or repair
any area more extensive than where the graffiti is located.
g. Express permission to enter building.
1. If, after entering or accessing the property pursuant to
subdivision f of this section, the city has determined that it is
necessary to enter a commercial or residential building in order to
provide graffiti removal services, it shall request the express
permission of the owner of such building to enter such building for the
purpose of providing graffiti removal services. In making such request,
the city shall notify the owner of such building that it has determined
that it is necessary to enter the building in order to provide graffiti
removal services, and that the owner may either (a) grant permission for
the city and/or its contractors or agents to enter such building for the
purpose of providing graffiti removal services; (b) abate the nuisance
by removing or concealing the graffiti and notify the city of such
abatement; (c) inform the city that the owner consents to the marking
and intends that it remain on the building. Such request shall indicate
the method by which an owner may contact the city for the purpose of
conveying any information or making any request in accordance with this
section.
2. The failure of the owner to comply with subparagraph (a), (b) or
(c) of paragraph one of this subdivision within thirty-five days of the
date of such request, or within fifty days of the date of such request
if such owner has requested an extension within the initial thirty-five
day period, shall result in the issuance of a notice of violation
pursuant to subdivision h of this section.
3. For purposes of this subdivision, "owner" shall mean the person
registered with the department of housing preservation and development
pursuant to article two of subchapter four of chapter two of title
twenty-seven of this code as the owner or agent of the premises or the
owner identified in records maintained by the commissioner of finance
for communications from the commissioner of finance.
h. Notice of violation. 1. Notwithstanding any provision in this
section to the contrary, where the city has determined that it is unable
to provide graffiti removal services to a particular property, or to a
specific location on the property, an agency or agencies designated by
the mayor shall serve a notice of violation, in the manner prescribed in
paragraph two of subdivision d of section 1049-a of the charter, on the
owner of the property. Such notice shall indicate that the owner is in
violation of subdivision b of this section and that the failure to
remove or conceal the graffiti within sixty days of receipt of the
notice or to consent to the marking shall result in the imposition of a
penalty as set forth in subdivision i of this section.
2. Notwithstanding paragraph one of this subdivision, a residential
building containing fewer than six dwelling units shall not be issued a
notice of violation pursuant to this subdivision.
3. Notwithstanding paragraph one of this subdivision, a residential
building containing six or more dwelling units or a commercial building
shall not be issued a notice of violation pursuant to this subdivision
more than once in any sixty-day period.
4. Notwithstanding paragraph one of this subdivision, a commercial or
residential building whose owner has granted permission for the city
and/or its contractors or agents pursuant to subdivision g of this
section to enter such building for the purpose of providing graffiti
removal services shall not be issued a notice of violation pursuant to
this subdivision.
i. Penalty for failure to remove graffiti from commercial and
residential buildings. The owner of a commercial or residential building
who has been given written notice pursuant to subdivision h of this
section and who fails to remove or conceal such graffiti within sixty
days of receipt of such notice or to consent to the marking shall be
liable for a civil penalty of not less than one hundred fifty dollars
nor more than three hundred dollars. Such civil penalty may be recovered
in a proceeding before the environmental control board.
j. Rulemaking. The agency or agencies designated by the mayor to
provide graffiti removal services shall have the authority to promulgate
rules to implement the provisions of this section.
Section 10-118
§ 10-118 Destruction or removal of property in buildings or
structures. (a) No person other than the owner of a building or
structure, the duly authorized agent of such owner, or an appropriate
legal authority shall destroy or remove any part of such building or
structure.
(b) No person shall transport through, along or across a public street
or way used materials or parts of buildings or structures, including but
not limited to, piping, heating equipment, wiring, or other fixtures,
windows or parts thereof, doors, radiators, bricks, wood beams or other
parts, unless such person shall possess a bill of sale or other proper
proof of ownership or right to possession of same signed by the owner of
the building or structure, or one authorized by an appropriate legal
authority.
(c) No dealer in junk or used materials shall purchase used materials
or parts of buildings or structures, including but not limited to,
piping, heating equipment, wiring, or other fixtures, windows or parts
thereof, doors, radiators, bricks, wood beams or other parts, unless
such dealer shall obtain at the time of purchase a bill of sale or other
proper proof of ownership or right of possession of same signed by the
owner of the building or structure from which said materials were taken,
or by the duly authorized agent of such owner or by an appropriate legal
authority.
(d) Any person who violates this section shall be guilty of a
misdemeanor punishable by a fine not more than five hundred dollars or
imprisonment for not more than three months, or both.
Section 10-118.1
§ 10-118.1 Theft of manhole covers. a. Except as provided in
subdivision d of this section, no person shall remove, or transport
through, along or across a public street, any manhole cover, including
but not limited to the cover of an opening in the ground, street or
sidewalk used by a public utility or authority to access underground
vaults, structures, installations, or other enclosed space; or the cover
of such an opening that is part of a sewer system, fuel storage system,
or water supply system.
b. Any person who violates any provision of this section shall be
liable for a civil penalty of not less than two thousand five hundred
dollars nor more than ten thousand dollars. A notice of violation issued
pursuant to this section shall be returnable to the environmental
control board, which shall have the power to impose such civil penalty.
c. In addition to the civil penalties set forth in subdivision b of
this section, any person who knowingly violates this section shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine of not less than five hundred dollars nor more than ten
thousand dollars, or imprisonment not exceeding thirty days, or both for
each violation.
d. The prohibition in this section shall not apply to the owner of
such cover, the duly authorized agent of such owner, or an appropriate
legal authority.
Section 10-119
§ 10-119 Posting. a. It shall be unlawful for any person to paste,
post, paint, print, nail or attach or affix by any means whatsoever any
handbill, poster, notice, sign, advertisement, sticker or other printed
material upon any curb, gutter, flagstone, tree, lamppost, awning post,
telegraph pole, telephone pole, public utility pole, public garbage bin,
bus shelter, bridge, elevated train structure, highway fence, barrel,
box, parking meter, mail box, traffic control device, traffic stanchion,
traffic sign (including pole), tree box, tree pit protection device,
bench, traffic barrier, hydrant, public pay telephone, city-owned grassy
area adjacent to a street, any personal property maintained on a street
or other city-owned property pursuant to a franchise, concession or
revocable consent granted by the city or other such item or structure in
any street, or to direct, suffer or permit any servant, agent, employee
or other person under his or her control to engage in such activity;
provided, however, that this section shall not apply to any handbill,
poster, notice, sign, advertisement, sticker or other printed material
so posted by or under the direction of the council, or by or under the
direction of any city agency, or pursuant to a franchise concession or
revocable consent granted pursuant to chapter fourteen of the charter.
b. There shall be a rebuttable presumption that the person whose name,
telephone number, or other identifying information appears on any
handbill, poster, notice, sign, advertisement, sticker or other printed
material on any item or structure described in subdivision a of this
section in any street violated this section by either (i) pasting,
posting, painting, printing, nailing or attaching or affixing by any
means whatsoever such handbill, poster, notice, sign, advertisement,
sticker or other printed material, or (ii) directing, suffering or
permitting a servant, agent, employee or other individual under such
persons control to engage in such activity.
c. There shall be a rebuttable presumption that if a telephone number
that appears on any handbill, poster, notice, sign or advertisement
placed in violation of subdivision a of this section belongs to a
telephone answering service and no other telephone number or address is
readily obtainable to locate the person or business advertised therein,
such telephone answering service shall be held liable for a violation of
subdivision a in accordance with the provisions of section 10-121.
d. The commissioner of the department of sanitation shall be
authorized to issue subpoenas to obtain official telephone records for
the purpose of determining the identity and location of any person or
entity reasonably believed by the commissioner to have violated
subdivision a of this section.
Section 10-120
§ 10-120 Protection of city advertisements. It shall be unlawful for
any person to tear down, deface or destroy any notice, handbill, sign,
advertisement, poster, sticker or other printed material, put up or
posted by, or under the direction of the council or by or under the
direction of any city agency or pursuant to a franchise, concession or
revocable consent granted pursuant to chapter fourteen of the charter.
Section 10-121
§ 10-121 Violation. a. Any person convicted of a violation of any of
the provisions of section 10-119 or 10-120 of the code shall be punished
by a fine of not less than seventy-five dollars nor more than one
hundred fifty dollars, for the first offense and not less than one
hundred fifty dollars nor more than two hundred fifty dollars for the
second and each subsequent offense within a twelve month period, plus
the cost of the removal of the unauthorized signs, imprisonment for not
more than ten days, or both; provided, however, that subdivision b of
section 10-119 of the code shall not apply with respect to criminal
prosecutions brought pursuant to this subdivision.
b. In the instance where the notice of violation, appearance ticket or
summons is issued for breach of the provisions of section 10-119 or
10-120 of the code and sets forth thereon civil penalties only, such
process shall be returnable to the environmental control board, which
shall have the power to impose the civil penalties of not less than
seventy five dollars nor more than one hundred fifty dollars for the
first offense and not less than one hundred fifty dollars nor more than
two hundred fifty dollars for the second and each subsequent offense
within a twelve month period. Anyone found to have violated the
provisions of Section 10-119 or 10-120, in addition to any penalty
imposed, shall be responsible for the cost of the removal of the
unauthorized signs. Anyone found to have violated section 10-119 of this
chapter by affixing any handbill, poster, notice, sign or advertisement
to a tree by means of nailing or piercing the tree by any method shall
have an additional penalty imposed equal to the amount of the original
penalty.
c. In the event that a violator fails to answer such notice of
violation, appearance ticket or summons within the time provided
therefor by the rules and regulations of the environmental control
board, he or she shall become liable for additional penalties. The
additional penalties shall not exceed fifty dollars for each violation.
d. Any person found in violation of any of the provisions of section
10-119 or 10-120 of the code shall be liable for a civil penalty as
provided for in subdivision b of this section.
e. Liability and responsibility for any civil penalty imposed pursuant
to this section for any violation of section 10-119 or 10-120 of the
code shall be joint and severable on the part of any corporation found
to be liable and responsible and its officers, principals, and
stockholders owning more than ten percent of its outstanding voting
stock.
g. For the purposes of imposing a criminal fine or civil penalty
pursuant to this section, every handbill, poster, notice, sign or
advertisement pasted, posted, painted, printed or nailed in violation of
section 10-119 of the code or torn down, defaced or destroyed in
violation of section 10-120 of the code, shall be deemed to be the
subject of a separate violation for which a separate criminal fine or
civil penalty shall be imposed.
Section 10-121.1
§ 10-121.1 Rewards for providing information leading to criminal
conviction of a person for unlawful posting. The mayor, upon the
recommendation of the sanitation commissioner, the transportation
commissioner, the parks and recreation commissioner, the citywide
administrative services commissioner or the police commissioner, shall
be authorized to offer and pay a reward in an amount not exceeding five
hundred dollars to any person who provides information leading to the
criminal conviction of any person who may have violated the provisions
of section 10-119 or section 10-120 of the code. No police officer,
peace officer or any other law enforcement officer, and no officer,
official or employee of the city of New York shall be entitled, directly
or indirectly, to collect or receive any such reward.
Section 10-122
§ 10-122 Motor boats; operation adjacent to bathing beaches. It shall
be unlawful for any person to operate a motor boat within three hundred
feet of any public beach used by bathers. Any person who shall violate
or refuse to comply with the provisions of this section shall, upon
conviction thereof, be punished by a fine of not more than one hundred
dollars or by imprisonment not exceeding three months or by both such
fine and imprisonment.
Section 10-123
§ 10-123 Bathing in public. It shall be unlawful for any person to
swim or bathe in any of the waters within the jurisdiction of the city,
except in public or private bathing houses, unless covered with a
bathing suit so as to prevent any indecent exposure of the person; and
it shall be unlawful for any person to dress or undress in any place
exposed to view. Any person who shall violate or refuse to comply with
the provisions of this section shall, upon conviction thereof, be
punished by a fine of not more than ten dollars or by imprisonment not
exceeding ten days or by both such fine and imprisonment.
Section 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.
Section 10-126
§ 10-126 Avigation in and over the city. a. Definitions. When used in
this section the following words or terms shall mean or include:
1. "Aircraft." Any contrivance, now or hereafter invented for
avigation or flight in the air, including a captive balloon, except a
parachute or other contrivance designed for use, and carried primarily
as safety equipment.
2. "Place of landing." Any authorized airport, aircraft landing site,
sky port or seaplane base in the port of New York or in the limits of
the city.
3. "Limits of the city." The water, waterways and land under the
jurisdiction of the city and the air space above same.
4. "Avigate." To pilot, steer, direct, fly or manage an aircraft in or
through the air, whether controlled from the ground or otherwise.
5. "Congested area." Any land terrain within the limits of the city.
6. "Person." A natural person, co-partnership, firm, company,
association, joint stock association, corporation or other like
organization.
b. Parachuting. It shall be unlawful for any person to jump or leap
from an aircraft in a parachute or any other device within the limits of
the city except in the event of imminent danger or while under official
orders of any branch of the military service.
c. Take offs and landings. It shall be unlawful for any person
avigating an aircraft to take off or land, except in an emergency, at
any place within the limits of the city other than places of landing
designated by the department of transportation or the port of New York
authority.
d. Advertising. 1. It shall be unlawful for any person to use, suffer
or permit to be used advertising in the form of towing banners from or
upon an aircraft over the limits of the city, or to drop advertising
matter in the form of pamphlets, circulars, or other objects from an
aircraft over the limits of the city, or to use a loud speaker or other
sound device for advertising from an aircraft over the limits of the
city. Any person who employs another to avigate an aircraft for
advertising in violation of this subdivision shall be guilty of a
violation hereof.
2. Any person who employs, procures or induces another to operate,
avigate, lend, lease or donate any aircraft as defined in this section
for the purpose of advertising in violation of this subdivision shall be
guilty of a violation hereof.
3. The use of the name of any person or of any proprietor, vendor or
exhibitor in connection with such advertising shall be presumptive
evidence that such advertising was conducted with his or her knowledge
and consent.
e. Dangerous or reckless operation or avigation. It shall be unlawful
for any person to operate or avigate an aircraft either on the ground,
on the water or in the air within the limits of the city while under the
influence of intoxicating liquor, narcotics or other habit-forming
drugs, or to operate or avigate an aircraft in a careless or reckless
manner so as to endanger life or property of another. In any proceeding
or action charging careless or reckless operation or avigation of
aircraft in violation of this section, the court, in determining whether
the operation or avigation was careless or reckless, shall consider the
standards for safe operation or avigation of aircraft prescribed by
federal statutes or regulations governing aeronautics.
f. Air traffic rules. It shall be unlawful for any person to navigate
an aircraft within the limits of the city in any manner prohibited by
any provision of, or contrary to the rules and regulations of, the
federal aviation administration.
g. Reports. It shall be unlawful for the operator or owner of an
aircraft to fail to report to the police department within ten hours a
forced landing of aircraft within the limits of the city or an accident
to an aircraft where personal injury, property damage or serious damage
to the aircraft is involved.
h. Rules and regulations. The police commissioner is authorized to
make such rules and regulations as the commissioner may deem necessary
to enforce the provisions of this section.
i. Violations. Any person who violates any of the provisions of this
section shall be guilty of a misdemeanor.
Section 10-127
§ 10-127 Commercial vehicles to display name and address of owner. a.
Definition. When used herein:
1. The word "commercial vehicle," shall mean any vehicle, either horse
drawn or motor driven, used, constructed or equipped for the
transportation of goods, wares or merchandise in trade or commerce.
b. Vehicles, markings of. Every commercial vehicle operating on the
streets of the city shall at all times display permanently, plainly
marked on both sides in letters and numerals not less than three inches
in height, the name and address of the owner thereof.
c. Violations. Any person convicted of a violation of this section
shall be punished by not more than thirty days' imprisonment, or by a
fine of not more than fifty dollars, or both.
Section 10-128
§ 10-128 Declaration of intent; dress of female employees in places of
public accommodation. It is hereby declared, as a matter of public
policy, that the attire and appearance of females employed in cabarets,
dance halls, catering establishments, coffee houses, hotels, restaurants
or other places of public accommodations as hostesses, waitresses,
cashiers, barmaids or in any capacity in which any such female comes in
contact with or is likely to come in contact with the patrons of such
establishments, attired in such a manner so that the breasts of such
female employees are completely uncovered or covered only by a device
attached to the nipples of each breast, is offensive to common decency,
abhorrent to the standards of continence of the community and inimical
to the general welfare of the people of the city of New York and in
order that the peace, health, safety and general welfare of the
inhabitants of the city may be protected and insured such conduct is
prohibited as hereinafter provided.
Section 10-129
§ 10-129 Prohibited acts. a. It shall be unlawful for any female while
employed in, or who in any other way is engaged by any cabaret, dance
hall, catering establishment, coffee house, hotel, restaurant or other
place of public assembly or public accommodation, as a hostess,
waitress, cashier, barmaid or in any other capacity wherein she comes in
contact with or is likely to come in contact with the patrons thereof,
to be clothed or costumed in such a manner so as to appear before the
patrons of such place with less than an opaque covering of any portion
of the breast below the top of the aerola.
b. No person or persons having control of or being in charge of any
cabaret, dance hall, catering establishment, coffee house, hotel,
restaurant or other place of public assembly or public accommodation
shall permit, aid or abet any female to appear in any such place in
violation of the provisions of the preceding subdivision and the
appearance of any female in any such place in violation of the
provisions of the preceding subdivision shall be presumptive evidence
that such appearance was with the permission of the person or persons
having charge of or control of such places.
Section 10-130
§ 10-130 Punishment. Any person or persons who violate any of the
provisions of section 10-129 shall be guilty of an offense and upon
conviction thereof shall be punished by imprisonment for not more than
thirty days or by a fine of not less than fifty dollars nor more than
one hundred dollars or by both such fine and imprisonment and if any
person shall have been previously convicted of a violation of section
10-129, he or she shall upon any subsequent conviction be punished by
imprisonment of not less than ten days nor more than sixty days or by a
fine of not less than one hundred dollars nor more than five hundred
dollars or by both such fine and imprisonment.
Section 10-131
§ 10-131 Firearms. a. Pistols or revolvers, keeping or carrying. 1.
The police commissioner shall grant and issue licenses hereunder
pursuant to the provisions of article four hundred of the penal law.
Unless they indicate otherwise, such licenses and permits shall expire
on the first day of the second January after the date of issuance.
2. Every license to carry or possess a pistol or revolver in the city
may be issued for a term of no less than one or more than three years.
Every applicant for a license to carry or possess a pistol or revolver
in the city shall pay therefor, a fee of three hundred forty dollars for
each original or renewal application for a three year license period or
part thereof, a fee of ten dollars for each replacement application of a
lost license.
3. Every applicant to whom a license has been issued by any person
other than the police commissioner, except as provided in paragraph five
of this subdivision, for a special permit from the commissioner granting
it validity within the city of New York, shall pay for such permit a fee
of three hundred forty dollars, for each renewal a fee of three hundred
forty dollars, for each replacement of a lost permit a fee of ten
dollars.
4. Fees paid as provided herein shall not be refunded in the event
that an original or renewal application, or a special validation permit
application, is denied by the police commissioner.
5. A fee shall not be charged or collected for a license to have and
carry concealed a pistol or revolver which shall be issued upon the
application of the commissioner of correction or the warden or
superintendent of any prison, penitentiary, workhouse or other
institution for the detention of persons convicted or accused of crime
or offense, or held as witnesses in criminal cases in the city.
6. The fees prescribed by this subdivision shall be collected by the
police commissioner, and shall be paid into the general fund of the city
established pursuant to section one hundred nine of the charter, and a
return in detail shall be made to the comptroller by such commissioner
of the fees so collected and paid over by the commissioner.
7. A fee shall not be charged or collected for the issuance of a
license, or the renewal thereof, to have and carry concealed a pistol or
revolver which is issued upon the application of a qualified retired
police officer as defined in subdivision thirty-four of section 1.20 of
the criminal procedure law, or a qualified retired bridge and tunnel
officer, sergeant or lieutenant of the triborough bridge and tunnel
authority as defined under subdivision twenty of section 2.10 of the
criminal procedure law, or a qualified retired uniformed court officer
in the unified court system, or a qualified retired court clerk in the
unified court system in the first and second judicial departments, as
defined in paragraphs a and b of subdivision twenty-one of section 2.10
of the criminal procedure law or a retired correction officer as defined
in subdivision twenty-five of section 2.10 of the criminal procedure law
or a qualified retired sheriff, undersheriff or deputy sheriff of the
city of New York as defined under subdivision two of section 2.10 of the
criminal procedure law.
b. Air pistols and air rifles; selling or possessing. 1. It shall be
unlawful for any person to sell, offer to sell or have in such person's
possession any air pistol or air rifle or similar instrument in which
the propelling force is a spring or air, except that the sale of such
instruments if accompanied by delivery to a point without the city, and
possession for such purpose, shall not be unlawful if such person shall
have secured an annual license from the police commissioner of the city
authorizing such sale and possession. The sale and delivery of such
instruments within the city from one licensee to another licensee, and
the use of such instruments in connection with an amusement licensed by
the department of consumer affairs or at rifle or pistol ranges duly
authorized by law shall not be considered a violation of this
subdivision.
2. All persons dealing in such instruments referred to in this
subdivision, shall keep a record showing the name and address of each
person purchasing such instrument or instruments, together with place of
delivery and said record shall be open to inspection during regular
business hours by the officers of the police department of the city.
3. Every person to whom a license shall be granted to sell, possess
and deliver the instruments described in this subdivision shall pay
therefor an annual fee of ten dollars.
c. Discharge of small-arms. It shall be unlawful for any person to
fire or discharge any gun, pistol, rifle, fowling-piece or other
firearms in the city; provided that the provisions hereof shall not
apply to premises designated by the police commissioner, a list of which
shall be filed with the city clerk and published in the City Record.
d. Sale of toy-pistols. It shall be unlawful for any person to sell or
dispose of to a minor any toy-pistol or pistol that can be loaded with
powder and ball or blank cartridge to be exploded by means of metal
caps; but nothing herein contained shall apply to the sale or disposal
of what are known as firecracker pistols, torpedo pistols or such
pistols as are used for the explosion of paper caps.
e. Tear gas; sale or possession of; fees for permits. 1. It shall be
unlawful for any person to manufacture, sell or offer for sale, possess
or use, or attempt to use, any lachrymating, asphyxiating,
incapacitating or deleterious gas or gases, or liquid or liquids, or
chemical or chemicals, without a permit issued by the police
commissioner under such regulations as the commissioner or the council
may prescribe; nor shall any person manufacture, sell or offer for sale,
possess or use any weapon, candle, device, or any instrument of any kind
designed to discharge, emit, release or use any lachrymating,
asphyxiating, incapacitating or other deleterious gas or gases, or
liquid or liquids, or chemical or chemicals, without a similar permit,
similarly issued, except that the members of the police department in
the line of duty may possess or use any such gas, liquid or chemical.
2. Applicants for permits under the provisions of this subdivision
shall pay annual fees as follows:
(a) To carry or possess such gas or liquid... Ten dollars
Renewals................ Five dollars
(b) To install such gas or liquid on any premises...Twenty-five
dollars
Renewals.................Five dollars
(c) To manufacture such gas or liquid... One hundred dollars
(d) To sell such gas or liquid at wholesale... One hundred dollars
(e) To sell such gas or liquid at retail... Fifty dollars
(f) To sell instruments or devices designed to discharge or emit such
gas or liquid... Fifty dollars
(g) To possess or carry any instrument or device to discharge or emit
such gas or liquid... Five dollars
f. Violations. Except as is otherwise specifically provided in this
section, any person who shall wilfully violate any provisions of this
section shall, upon conviction, be punished by a fine of not more than
fifty dollars, or by imprisonment not exceeding thirty days, or by both
such fine and imprisonment.
g. 1. It shall be unlawful for any person to sell or offer for sell,
possess or use or attempt to use or give away, any toy or imitation
firearm which substantially duplicates or can reasonably be perceived to
be an actual firearm unless:
(a) the entire exterior surface of such toy or imitation firearm is
colored white, bright red, bright orange, bright yellow, bright green,
bright blue, bright pink or bright purple, either singly or as the
predominant color in combination with other colors in any pattern; or
(b) such toy or imitation firearm is constructed entirely of
transparent or translucent materials which permits unmistakable
observation of the imitation or toy firearm's complete contents; and
(c) the barrel of such toy or imitation firearm, other than the barrel
of any such toy or imitation firearm that is a water gun, is closed with
the same material of which the toy or imitation firearm is made for a
distance of not less than one-half inch from the front end of said
barrel, and;
(d) such toy or imitation firearm has legibly stamped thereon, the
name of the manufacturer or some trade name, mark or brand by which the
manufacturer can be readily identified; and
(e) such toy or imitation or firearm does not have attached thereto a
laser pointer, as defined in paragraph one of subdivision a of section
10-134.2 of this code.
2. Paragraph one of this subdivision shall not apply to:
(a) the possession or display of toy or imitation firearms by a
manufacturer or dealer solely for purposes of sales that are accompanied
by delivery to a point without the city;
(b) any toy or imitation firearm that will be used only for or in the
production of television programs or theatrical or motion picture
presentations, provided, however, that such use of any toy or imitation
fireman complies with all applicable laws, rules or regulations
concerning request and receipt of waivers authorizing such use;
(c) non-firing collector replica antique firearms, which look
authentic and may be a scale model but are not intended as toys modeled
on real firearms designed, manufactured and produced prior to 1898;
(d) decorative, ornamental, and miniature objects having the
appearance, shape and/or configuration of a firearm, including those
intended to be displayed on a desk or worn items such as bracelets,
necklaces and key chains, provided that the objects measure no more than
thirty-eight (38) millimeters in height by seventy (70) millimeters in
length, the length measurement excluding any gun stock length
measurement.
3. (a) Authorized agents and employees of the department of consumer
affairs, and of any other agency designated by the mayor, shall have the
authority to enforce the provisions of this subdivision. A proceeding to
recover any civil penalty pursuant to this subdivision shall be
commenced by service of a notice of hearing that shall be returnable to
the administrative tribunal of the department of consumer affairs. The
administrative tribunal of such department shall have the power to
impose civil penalties for a violation of this subdivision of not less
than one thousand dollars ($1000) nor more than five thousand dollars
($5000) for the first offense and not less than three thousand dollars
($3000) nor more than eight thousand dollars ($8000) for each succeeding
offense occurring within two years of the first offense, without regard
to whether the first offense involved a toy or imitation firearm of the
same model involved in any succeeding offense. For the purposes of this
subdivision, selling, offering for sale, possessing, using or attempting
to use or give away any single toy or imitation firearm in violation of
this subdivision shall be considered a single violation.
(b) If any person is found to have violated the provisions of
paragraph one of this subdivision on three or more separate occasions
within two years, then, in addition to imposing the penalties set forth
in subparagraph (a) of this paragraph, the department shall be
authorized to order that any or all premises operated by such person
where the violations occurred be sealed for a period not to exceed five
consecutive days, except that such premises may be entered with the
permission of the department solely for actions necessary to remedy past
violations of this subdivision or prevent future violations. Notice of
any third violation for engaging in a violation of paragraph one of this
subdivision shall state that premises may be ordered sealed after a
finding of a third violation and specify which premises may be subject
to sealing. For the purpose of this subparagraph, any violations at a
place of business operated by a different person shall not be included
in determining the number of violations of any subsequent operator of a
business at that location unless the commissioner establishes that the
subsequent operator of such business did not acquire the premises or
business through an arm's length transaction as defined in subparagraph
(c) of this paragraph or that the sale or lease was conducted, in whole
or in part, for the purpose of permitting the previous operator of the
business who had been found guilty of violating paragraph one at such
premises to avoid the effect of violations on the premises. The
procedures provided for in subdivisions c, e, f, i, and j of section
20-105 of title twenty of this code shall apply to an order of the
commissioner for sealing of such premises.
(c) For purposes of subparagraph (b) of this paragraph, "arm's length
transaction" means a sale of a fee or all undivided interests in real
property, or a lease of any part thereof, or a sale of a business, in
good faith and for valuable consideration, that reflects the fair market
value of such real property or lease, or business, in the open market,
between two informed and willing parties, where neither is under any
compulsion to participate in the transaction, unaffected by any unusual
conditions indicating a reasonable possibility that the sale or lease
was made for the purpose of permitting the original operator to avoid
the effect of violations on the premises. The following sales or leases
shall be presumed not to be arm's length transactions unless adequate
documentation is provided demonstrating that the sale or lease was not
conducted, in whole or in part, for the purpose of permitting the
original operator to avoid the effect of violations on the premises:
(i) a sale between relatives, which term shall mean, for purposes of
this paragraph, a person and his or her spouse, domestic partner,
parent, grandparent, child, stepchild, or stepparent, or any person who
is the direct descendant of the grandparents of the person or of the
spouse or domestic partner of the person;
(ii) a sale between related companies or partners in a business; or
(iii) a sale or lease affected by other facts or circumstances that
would indicate that the sale or lease is entered into for the primary
purpose of permitting the original operator to avoid the effect of
violations on the premises.
(d) For purposes of this paragraph:
(i) the term "department" shall refer to the department of consumer
affairs;
(ii) the term "commissioner" shall refer to the commissioner of the
department of consumer affairs;
(iii) the term "premises" shall refer to land and improvements or
appurtenances or any part thereof; and
(iv) companies shall be deemed "related" if an officer, principal,
director, or stockholder owning more than ten percent of the outstanding
stock of the corporation of one company is or has been an officer,
principal, director, or stockholder owning more than ten percent of the
outstanding stock of the other, but companies shall not be deemed
related solely because they share employees other than officers,
principals, or directors.
(e) A closing directed by the department pursuant to this paragraph
shall not constitute an act of possession, ownership or control by the
city of the closed premises.
(f) Mutilation or removal of a posted order of the commissioner or his
designee shall be a violation punishable by a fine of not more than two
hundred fifty dollars or by imprisonment not exceeding fifteen days, or
both, provided such order contains therein a notice of such penalty. Any
other intentional disobedience or resistance to any provision of the
orders issued pursuant to this paragraph, including using or occupying
or permitting any other person to use or occupy any premises ordered
closed without the permission of the department as described in
subparagraph (b) shall, in addition to any other punishment prescribed
by law, be a misdemeanor punishable by a fine of not more than one
thousand dollars ($1000), or by imprisonment not exceeding six months,
or both.
4. Any person who shall violate this subdivision shall be guilty of a
misdemeanor, punishable by a fine of not more than one thousand dollars
($1000) or imprisonment not exceeding one (1) year or both.
h. Rifles and shotguns; carrying or possessing. 1. It shall be
unlawful for any person to carry or possess a loaded rifle or shotgun in
public within the city limits. Any person who shall violate this
paragraph shall be guilty of a misdemeanor punishable by a fine of not
more than one thousand dollars, or imprisonment not exceeding one year,
or by both such fine and imprisonment.
2. It shall be unlawful for any person to carry or possess an unloaded
rifle or shotgun in public within the city limits unless such rifle or
shotgun is completely enclosed, or contained, in a non-transparent
carrying case. Any person who shall violate this paragraph shall be
guilty of an offense punishable by a fine of not more than fifty dollars
or by imprisonment not exceeding thirty days, or by both such fine and
imprisonment.
3. The above provisions shall not apply to persons in the military
service of the state of New York when duly authorized by regulations
issued by the chief of staff to the governor to possess same, police
officers and peace officers as defined in the criminal procedure law, or
to participants in special events when authorized by the police
commissioner.
i. 1. It shall be unlawful for any person, except as otherwise
authorized pursuant to law, to dispose of any ammunition or any
ammunition feeding device, as defined in section 10-301, designed for
use in a firearm, rifle or shotgun, unless he or she is a dealer in
firearms or a dealer in rifles and shotguns and such disposition is in
accordance with law, provided that a person in lawful possession of such
ammunition or ammunition feeding device may dispose of such ammunition
or ammunition feeding device to a dealer in firearms who is authorized,
or a dealer in rifles and shotguns who is authorized, to possess such
ammunition or ammunition feeding device.
2. It shall be unlawful for any dealer in firearms or dealer in rifles
and shotguns to dispose of any pistol or revolver ammunition of a
particular caliber to any person not authorized to possess a pistol or
revolver of such caliber within the city of New York.
3. It shall be unlawful for any person not authorized to possess a
pistol or revolver within the city of New York to possess pistol or
revolver ammunition, provided that a dealer in rifles and shotguns may
possess such ammunition.
4. It shall be unlawful for any person authorized to possess a pistol
or revolver of a particular caliber within the city of New York to
possess pistol or revolver ammunition of a different caliber.
5. Notwithstanding the provisions of paragraphs two, three and four of
this subdivision, any person authorized to possess a rifle within the
city of New York may possess ammunition suitable for use in such rifle
and a dealer in firearms or dealer in rifles and shotguns may dispose of
such ammunition to such person pursuant to section 10-306.
6. It shall be unlawful for any person to possess any ammunition
feeding device designed for use in a firearm except as provided in
subparagraphs (a), (b), (c), (d) and (e) of this paragraph.
(a) Any pistol or revolver licensee or permittee may possess an
ammunition feeding device designed for use in the pistol or revolver
such licensee or permittee is authorized to possess, provided that such
ammunition feeding device is not capable of holding more than seventeen
rounds of ammunition and provided further that such ammunition feeding
device does not extend below the grip of the pistol or revolver.
(b) Any person who is exempt pursuant to section 265.20 of the penal
law from provisions of the penal law relating to possession of a firearm
and who is authorized pursuant to any provision of law to possess a
firearm without a license or permit therefor, may possess an ammunition
feeding device suitable for use in such firearm, subject to the same
conditions as apply with respect to such person's possession of such
firearm.
(c) Any dealer in firearms may possess such ammunition feeding devices
for the purpose of disposition authorized pursuant to paragraph seven of
this subdivision.
(d) Any person who leases a firearm that has been certified by the
commissioner as deactivated, from a dealer in firearms or a special
theatrical dealer, for use during the course of any television, movie,
stage or other similar theatrical production, or any professional
photographer who leases a firearm that has been certified by the
commissioner as deactivated, from a dealer in firearms or a special
theatrical dealer, for use in the pursuance of his or her profession,
may possess an ammunition feeding device suitable for use in such
firearm, subject to the same conditions as apply with respect to such
person's possession of such firearm.
(e) Any special theatrical dealer may possess such ammunition feeding
devices exclusively for the purpose of leasing such ammunition feeding
devices to such persons as are described in subparagraph (d) of this
paragraph.
7. It shall be unlawful for any person to dispose of to another person
any ammunition feeding device designed for use in a firearm, provided
that a dealer in firearms may dispose of, to such persons as are
described in subparagraphs (a) and (b) of paragraph six of this
subdivision, such ammunition feeding devices as may be possessed by such
persons and provided further that a person in lawful possession of such
ammunition feeding devices may dispose of such ammunition feeding
devices to a dealer in firearms. In addition, a dealer in firearms or a
special theatrical dealer may lease, to such persons as are described in
subparagraph (d) of paragraph six of this subdivision, such ammunition
feeding devices as may be possessed by such persons.
8. Notwithstanding the provisions of paragraphs six and seven of this
subdivision any person may, within ninety days of the effective date of
this local law, dispose of an ammunition feeding device designed for use
in a firearm to a dealer in firearms.
9. The regular and ordinary transport of ammunition or ammunition
feeding devices as merchandise shall not be limited by this subdivision,
provided that the person transporting such ammunition or ammunition
feeding devices, where he or she knows or has reasonable means of
ascertaining what he or she is transporting, notifies, in writing, the
police commissioner of the name and address of the consignee and the
place of delivery and withholds delivery to the consignee for such
reasonable period of time designated in writing by the police
commissioner as the police commissioner may deem necessary for
investigation as to whether the consignee may lawfully receive and
possess such ammunition or ammunition feeding devices.
10. The regular and ordinary transport of ammunition or ammunition
feeding devices by a manufacturer of ammunition or ammunition feeding
devices, or by an agent or employee of such manufacturer who is duly
authorized in writing by such manufacturer to transport ammunition or
ammunition feeding devices on the date or dates specified, directly
between places where the manufacturer regularly conducts business,
provided such ammunition or ammunition feeding devices are transported
in a locked opaque container, shall not be limited by this subdivision,
provided that transportation of such ammunition or ammunition feeding
devices into, out of or within the city of New York may be done only
with the consent of the police commissioner of the city of New York. To
obtain such consent, the manufacturer must notify the police
commissioner in writing of the name and address of the transporting
manufacturer, or agent or employee of the manufacturer who is authorized
in writing by such manufacturer to transport ammunition or ammunition
feeding devices, the quantity, caliber and type of ammunition or
ammunition feeding devices to be transported and the place where the
manufacturer regularly conducts business within the city of New York and
such other information as the commissioner may deem necessary. The
manufacturer shall not transport such ammunition or ammunition feeding
devices between the designated places of business for such reasonable
period of time designated in writing by the police commissioner as such
official may deem necessary for investigation and to give consent. The
police commissioner may not unreasonably withhold his or her consent.
For the purposes of this paragraph, places where the manufacturer
regularly conducts business include, but are not limited to, places
where the manufacturer regularly or customarily conducts development or
design of ammunition or ammunition feeding devices, or regularly or
customarily conducts tests on ammunition or ammunition feeding devices.
11. A person shall be deemed authorized to possess a pistol or
revolver within the city of New York if such person is authorized to
possess a pistol or revolver within the city of New York pursuant to
this section, section 10-302 or section 400.00 of the penal law, or is
exempt pursuant to section 265.20 of the penal law from provisions of
the penal law relating to possession of a firearm and is authorized
pursuant to any provision of law to possess a pistol or revolver within
the city of New York without a license or permit therefor. A person
shall be deemed authorized to possess a rifle within the city of New
York if such person is authorized to possess a rifle within the city of
New York pursuant to section 10-303, or is a person permitted pursuant
to section 10-305 to possess a rifle without a permit therefor.
12. No pistol or revolver ammunition or ammunition feeding device
shall be disposed of to any person pursuant to this subdivision unless
such person exhibits the license or permit authorizing him or her to
possess a pistol or revolver within the city of New York or exhibits
proof that he or she is exempt pursuant to section 265.20 of the penal
law from provisions of the penal law relating to possession of a firearm
and proof that he or she is authorized pursuant to any provision of law
to possess a pistol or revolver within the city of New York without a
license or permit therefor.
13. A record shall be kept by the dealer of each disposition of
ammunition or ammunition feeding devices under this subdivision which
shall show the quantity, caliber and type of ammunition or ammunition
feeding devices disposed of, the name and address of the person
receiving same, the date and time of the transaction, and the number of
the license or permit exhibited or description of the proof of status as
a person not required to have a license or permit as required by
paragraph twelve of this subdivision.
14. Any person who shall violate this subdivision shall be guilty of a
misdemeanor punishable by a fine of not more than one thousand dollars
or by imprisonment not exceeding one year, or by both such fine and
imprisonment.
15. Any person who shall violate this subdivision shall be liable for
a civil penalty of not more than one thousand dollars, to be recovered
in a civil action brought by the corporation counsel in the name of the
city in any court of competent jurisdiction.
16. The provisions of paragraphs three, four and six of this
subdivision shall not apply to a person voluntarily surrendering
ammunition or ammunition feeding devices, provided that such surrender
shall be made to the police commissioner or the commissioner's designee;
and provided, further, that the same shall be surrendered by such person
only after he or she gives notice in writing to the police commissioner
or the commissioner's designee, stating his or her name, address, the
nature of the property to be surrendered, and the approximate time of
day and the place where such surrender shall take place. Such notice
shall be acknowledged immediately upon receipt thereof by such
authority. Nothing in this paragraph shall be construed as granting
immunity from prosecution for any crime or offense except that of
unlawful possession of such ammunition or ammunition feeding devices
surrendered as herein provided. A person who possesses any such
ammunition or ammunition feeding devices as an executor or administrator
or any other lawful possessor of such property of a decedent may
continue to possess such property for a period not over fifteen days. If
such property is not lawfully disposed of within such period, the
possessor shall deliver it to the police commissioner or the
commissioner's designee or such property may be delivered to the
superintendent of state police. When such property is delivered to the
police commissioner or the commissioner's designee, such officer shall
hold it and shall thereafter deliver it on the written request of such
executor, administrator or other lawful possessor of such property to a
named person, provided such named person is licensed to or is otherwise
lawfully permitted to possess the same. If no request to deliver the
property is received within two years of the delivery of such property
to such official, he or she shall dispose of it in accordance with the
provisions of section 400.05 of the penal law.
j. Deceptively colored firearms, rifles, shotguns, and assault
weapons.
(1) Definitions.
(i) When used in this subdivision, the term "deceptively colored
firearm, rifle, shotgun, or assault weapon" shall include any firearm,
rifle, shotgun, or assault weapon any substantial portion of whose
exterior surface is colored any color other than black, dark grey, dark
green, silver, steel, or nickel, except as provided in subparagraph
(iii) of this paragraph. For purposes of this subparagraph, the exterior
surface of either the receiver or the slide of a firearm shall be deemed
to constitute a substantial portion of the exterior surface of the
firearm.
(ii) Any firearm, rifle, shotgun, or assault weapon any substantial
portion of whose exterior surface is colored white, bright red, bright
orange, bright yellow, bright green, bright blue, bright pink or bright
purple, either singly or as the predominant color in combination with
other colors in any pattern shall be deemed to be a deceptively colored
firearm, rifle, shotgun, or assault weapon, except as provided in
subparagraph (iii) of this paragraph.
(iii) Notwithstanding subparagraph (i) and (ii) of this paragraph, a
firearm, rifle, shotgun, or assault weapon shall not be deemed to be a
deceptively colored firearm, rifle, shotgun, or assault weapon merely
because its handle is composed of ivory, colored so as to appear to be
composed of ivory, composed of wood, or colored so as to be composed of
wood.
(iv) The term "deceptive coloring product" shall mean and include any
equipment, product, or material that is designed for use in modifying
any firearm, rifle, shotgun, or assault weapon so as to make it a
deceptively colored firearm, rifle, shotgun, or assault weapon. Any
equipment, product, or material that is held out, offered for sale, or
otherwise disposed of based on its utility, alone or in combination with
other equipment, products, or materials, in modifying any firearm,
rifle, shotgun, or assault weapon so as to make it a deceptively colored
firearm, rifle, shotgun, or assault weapon shall be deemed a deceptive
coloring product. Any combination of equipment, products, or materials
that are jointly held out, offered for sale, or otherwise disposed of
based on their utility, jointly or in combination with other equipment,
products, or materials, in modifying any firearm, rifle, shotgun, or
assault weapon so as to make it a deceptively colored firearm, rifle,
shotgun, or assault weapon shall be deemed a deceptive coloring product.
(v) The definitions set forth in section 10-301 of this title shall
apply to this subdivision.
(2) It shall be unlawful for any person to dispose of a deceptively
colored firearm, rifle, shotgun, or assault weapon or a deceptive
coloring product except as authorized by paragraph six of this
subdivision. It shall be unlawful for any person to modify, attempt to
modify, or offer to modify any firearm, rifle, shotgun, or assault
weapon so as to make it a deceptively colored firearm, rifle, shotgun,
or assault weapon except as authorized by paragraph six of this
subdivision.
(3) It shall be unlawful for any person to possess a deceptively
colored firearm, rifle, shotgun, or assault weapon or a deceptive
coloring product except as authorized by paragraph five or six of this
subdivision or for any person to attempt to possess a deceptively
colored firearm, rifle, shotgun, or assault weapon or a deceptive
coloring product except as authorized by paragraph six of this
subdivision.
(4) Violation of this subdivision or of regulations issued pursuant to
it shall be a misdemeanor punishable by a fine of not more than one
thousand dollars or imprisonment of not more than one year or both.
(5) This subdivision shall not apply to the possession of any
deceptively colored firearm, rifle, shotgun, or assault weapon by any
person who possesses it on the effective date of the local law enacting
this subdivision, or by any person who acquires it by operation of law
after the effective date of the local law enacting this subdivision, or
because of the death of another person for whom such person is an
executor or administrator of an estate or a trustee of a trust created
in a will, provided that, within fifteen days, such person either (i)
surrenders such deceptively colored firearm, rifle, shotgun, or assault
weapon to the commissioner for disposal in accordance with the
provisions of section 400.05 of the penal law; or (ii) modifies such
firearm, rifle, shotgun, or assault weapon so that it is no longer a
deceptively colored firearm, rifle, shotgun, or assault weapon and
cannot be readily converted into one. This subdivision shall not apply
to the possession of any deceptive coloring product by any person who
possesses it on the effective date of the local law enacting this
subdivision, or by any person who acquires it by operation of law after
the effective date of the local law enacting this subdivision, or
because of the death of another person for whom such person is an
executor or administrator of an estate or a trustee of a trust created
in a will, provided that within fifteen days such person surrenders such
deceptive coloring product to the commissioner for disposal.
(6) This subdivision shall not apply to the disposal, possession,
modification, or use of any firearm, rifle, shotgun, assault weapon, or
deceptive coloring product that is purchased for the use of, sold or
shipped to, or issued for the use of, the United States or any
department or agency thereof, or any state or any department, agency, or
political subdivision thereof.
(7) The police commissioner may make and promulgate such rules and
regulations as are necessary to carry out the provisions of this
subdivision. Such rules and regulations may provide that for purposes of
paragraph six of this subdivision, a firearm, rifle, shotgun, assault
weapon, equipment, product, or material that is purchased by, received
by, possessed by, or used by a peace officer or police officer shall be
deemed to have been issued for the use of the agency employing such
officer.
Section 10-132
§ 10-132 Sale of broad head, bladed or hunting arrows. a. It shall be
unlawful for any person to sell or dispose of to a person under sixteen
a broad head, bladed or hunting arrow or arrowhead.
b. Any person who shall violate this section shall, upon conviction,
be punished by a fine of not more than fifty dollars, or by imprisonment
not exceeding thirty days, or by both such fine and imprisonment.
Section 10-133
§ 10-133 Possession of knives or instruments. a. Legislative findings.
It is hereby declared and found that the possession in public places,
streets and parks of the city, of large knives is a menace to the public
health, peace, safety and welfare of the people of the city; that the
possession in public places, streets and parks of such knives has
resulted in the commission of many homicides, robberies, maimings and
assaults of and upon the people of the city; that this condition
encourages and fosters the commission of crimes, and contributes to
juvenile delinquency, youth crime and gangsterism; that unless the
possession or carrying in public places, streets and parks of the city
of such knives without a lawful purpose is prohibited, there is danger
of an increase in crimes of violence and other conditions detrimental to
public peace, safety and welfare. It is further declared and found that
the wearing or carrying of knives in open view in public places while
such knives are not being used for a lawful purpose is unnecessary and
threatening to the public and should be prohibited.
b. It shall be unlawful for any person to carry on his or her person
or have in such person's possession, in any public place, street, or
park any knife which has a blade length of four inches or more.
c. It shall be unlawful for any person in a public place, street or
park, to wear outside of his or her clothing or carry in open view any
knife with an exposed or unexposed blade unless such person is actually
using such knife for a lawful purpose as set forth in subdivision d of
this section.
d. The provisions of subdivisions b and c of this section shall not
apply to (1) persons in the military service of the state of New York
when duly authorized to carry or display knives pursuant to regulations
issued by the chief of staff to the governor; (2) police officers and
peace officers as defined in the criminal procedure law; (3)
participants in special events when authorized by the police
commissioner; (4) persons in the military or other service of the United
States, in pursuit of official duty authorized by federal law; (5)
emergency medical technicians or voluntary or paid ambulance drivers
while engaged in the performance of their duties; or (6) any person
displaying or in possession of a knife otherwise in violation of this
section when such knife (a) is being used for or transported immediately
to or from a place where it is used for hunting, fishing, camping,
hiking, picnicking or any employment, trade or occupation customarily
requiring the use of such knife; or (b) is displayed or carried by a
member of a theatrical group, drill team, military or para-military unit
or veterans organization, to, from, or during a meeting, parade or other
performance or practice for such event, which customarily requires the
carrying of such knife; or (c) is being transported directly to or from
a place of purchase, sharpening or repair, packaged in such a manner as
not to allow easy access to such knife while it is transported; or (d)
is displayed or carried by a duly enrolled member of the Boy or Girl
Scouts of America or a similar organization or society and such display
or possession is necessary to participate in the activities of such
organization or society.
e. Violation of this section shall be an offense punishable by a fine
of not more than three hundred dollars or by imprisonment not exceeding
fifteen days or by both such fine and imprisonment.
Section 10-134
§ 10-134 Prohibition on sale of certain knives. a. Legislative
findings. It is hereby declared and found that the possession in public
places, streets and parks of the city, of folding knives which lock upon
opening, is a menace to the public health, peace, safety and welfare of
the people of the city; that the possession in public places, streets
and parks of such knives has resulted in the commission of many
homicides, robberies, maimings and assaults of and upon the people of
the city, that this condition encourages and fosters the commission of
crimes, and contributes to juvenile delinquency, youth crime and
gangsterism; that if this situation is not addressed, then there is a
danger of an increase in crimes of violence, and other conditions
detrimental to public peace, safety and welfare. It has been found that
folding knives with a blade of four (4) inches or more that locks in an
open position are designed and used almost exclusively for the purpose
of stabbing or the threat thereof. Therefore for the safety of the city,
such weapons should be prohibited from sale within the jurisdiction of
the city of New York.
b. It shall be unlawful for any person to sell, or offer for sale
within the jurisdiction of the city of New York, any folding knife with
a blade length of four or more inches which is so constructed that when
it is opened it is locked in an open position and cannot be closed
without depressing or moving a release mechanism.
c. Exempt from this section are importers and exporters or merchants
who ship or receive locking folding knives, with a blade length of four
or more inches, in bulk, which knives are scheduled to travel or have
travelled in the course of international, interstate, or intrastate
commerce to a point outside the city. Such bulk shipments shall remain
in their original shipping package, unopened, except for inspection and
possible subdivision for further movement in interstate or intrastate
commerce to a point outside the city.
d. Violation of this section shall be an offense punishable by a fine
of not more than seven hundred fifty dollars ($750) or by imprisonment
not exceeding fifteen days (15) or both such fine and imprisonment. Any
person violating this section shall be subject to a civil penalty not to
exceed one thousand dollars for each violation.
Section 10-134.1
§ 10-134.1 Prohibition on sale of box cutters to persons under
twenty-one years of age, open displays of box cutters by sellers, and
possession of box cutters in a public place, or on school premises by
persons under twenty-two years of age. a. Legislative findings. The
council hereby finds that the number of school safety incidents which
take place in the city's schools are disturbingly high and are rising,
and that these incidents place students and staff at unacceptable risk
of injury and disrupt the learning environment. Board of education
statistics reveal that for the first half of the 1994-95 school year,
8,333 school safety incidents occurred, representing a 27.6 percent
increase as compared with the same period in the prior year. Board of
education statistics also reveal that for the entire 1994-95 school
year, 19,814 school safety incidents were reported, representing an
increase of 16 percent as compared to the prior school year.
The council further finds that the board of education's school safety
statistics reveal that over 2,000 box cutters and other similar
implements were seized during the 1994-95 school year, indicating that
these instruments have become the "weapon of choice" in the city's
schools. These implements are used as weapons by students as they are
relatively inexpensive, readily available, and easily deployable. Used
as weapons, box cutters and similar instruments can cause great injury.
It is the council's belief that banning the sale of box cutters to
minors under eighteen years of age, requiring that those who sell box
cutters ensure that they are not displayed in a manner that increases
opportunities for minors to steal them, and banning the possession of
box cutters by persons under twenty-two years of age on school premises,
will significantly help in reducing the number of violent school safety
incidents and in ensuring that schools are the safe havens of knowledge
and education that children need and deserve.
b. Definitions. For purposes of this section:
(1) "Box cutter" means any knife consisting of a razor blade,
retractable, non-retractable, or detachable in segments, attached to or
contained within a plastic or metal housing, including utility knives,
snap-off knives, and box cart cutters.
(2) "Person" means any natural person, corporation, partnership, firm,
organization or other legal entity.
(3) "Public place" means a place to which the public or a substantial
group of persons has access, and includes, but is not limited to, any
street, highway, parking lot, plaza, transportation facility, school,
place of amusement, park, playground, and any hallway, lobby and other
portion of an apartment house or hotel not constituting a room or
apartment designed for actual residence.
(4) "School premises" means the buildings, grounds, or facilities, or
any portion thereof, owned, occupied by, or under the custody or control
of public and private institutions for the primary purpose of providing
educational instruction to students, and any vehicles owned, operated or
leased by such institutions which are used to transport such students or
the personnel of such institutions.
c. It shall be unlawful for any person to sell or offer to sell or
cause any person to sell or offer to sell a box cutter to any individual
under twenty-one years of age.
d. No person who sells or offers for sale box cutters shall place such
box cutters on open display so that such implements are accessible to
the public without the assistance of such seller, or his or her employee
or other agent, offering such implement for sale; provided, however,
that the restrictions of this subdivision shall not apply to those box
cutters on open display (1) which are clearly and fully visible from a
place of payment for goods or services or customer information at which
such seller or an employee or other agent of such seller is usually
present during hours when the public is invited or (2) which are in a
package, box or other container provided by the manufacturer, importer
or packager that is larger than 41 square inches.
e. It shall be unlawful for any person under twenty-two years of age
to possess a box cutter on school premises, and unlawful for any person
under twenty-one years of age to possess a box cutter while in a public
place; provided, however, that nothing in this subdivision shall
preclude:
(1) the temporary transfer on school premises of such an instrument to
a person under twenty-two years of age for a valid instructional, or
school-related purpose where such device is used only under the
supervision of a school staff person or other authorized instructor; or
(2) the possession or use of such an instrument in a public place by
any person under twenty-one years of age or on school premises by any
person under twenty-two years of age so long as it occurs under
circumstances in which such person is performing work on such premises
during the course of his or her employment, and such instrument is used
only under the supervision of his or her employer or such employer's
agent or a school staff person.
f. When a person is found to possess a box cutter while in a public
place in violation of subdivision e of this section, it is an
affirmative defense that:
(1) such person is traveling to or from school premises, where it was
or will be used for a valid instructional or school related purpose and
used only under the supervision of a school staff member or other
authorized instructor, and such person has not displayed the box cutter
in a menacing or threatening manner, or in a manner that a reasonable
person would believe manifests an intent to use such box cutter for a
criminal purpose; or
(2) such person is traveling to or from his or her place of
employment, where it was or will be used during the course of such
employment and used only under the supervision of his or her employer or
such employer's agent, and such person has not displayed the box cutter
in a menacing or threatening manner, or in a manner that a reasonable
person would believe manifests an intent to use such box cutter for a
criminal purpose.
g. Any person who violates the provisions of this section shall be
guilty of a misdemeanor.
Section 10-134.2
§ 10-134.2 Regulation of laser pointers. a. Definitions. For purposes
of this section:
(1) "Laser pointer" means any device that emits light amplified by the
stimulated emission of radiation that is visible to the human eye.
(2) "Person" means any natural person, corporation, partnership, firm,
organization or other legal entity.
(3) "Public place" means a place to which the public or a substantial
group of persons has access, and includes, but is not limited to, any
street, highway, parking lot, plaza, transportation facility, place of
amusement, park, playground, and any hallway, lobby and other portion of
an apartment house or hotel not constituting a room or apartment
designed for actual residence.
(4) "School premises" means the buildings, grounds or facilities, or
any portion thereof, owned, occupied by, or under the custody or control
of public or private institutions for the primary purpose of providing
educational or recreational instruction to students, and any vehicles
owned, operated or leased by or on behalf of such institutions that are
used to transport such students or the personnel of such institutions.
b. It shall be unlawful for any person to give, sell or offer to sell
or cause any person to give, sell or offer to sell a laser pointer to
any individual eighteen years of age or younger.
c. No person who sells or offers for sale laser pointers shall place
such laser pointers on open display so that such laser pointers are
accessible to the public without the assistance of such seller, or his
or her employee or other agent, offering such laser pointers for sale,
unless: (1) such laser pointers on open display are clearly and fully
visible from a place of payment for goods or services or customer
information at which such seller or an employee or other agent of such
seller is usually present during hours when the public is invited or (2)
such laser pointers are in a package, box or other container provided by
the manufacturer, importer or packager that is larger than forty-one
square inches. Further, it shall be unlawful to display laser pointers
in any manner or to post a sign advertising the availability of laser
pointers unless a notice has been posted, in a form and manner
prescribed by rule of the department of consumer affairs, indicating
that the sale or giving of laser pointers to persons eighteen years of
age or younger is a misdemeanor.
d. It shall be unlawful for any person twenty years of age or younger
to possess a laser pointer on school premises, unlawful for any person
eighteen years of age or younger to possess a laser pointer while in a
public place and unlawful for any person to direct light emitted from a
laser pointer into or through a public place; provided, however, that
nothing in this section shall preclude:
(1) the temporary transfer on school premises of a laser pointer to,
or possession on school premises of a laser pointer by, a person twenty
years of age or younger for a valid instructional, school-related or
employment purpose, where such laser pointer is used under the
supervision of a school staff person, other authorized instructor,
employer or employer's agent; or
(2) the temporary transfer in a public place of a laser pointer to, or
possession in a public place of a laser pointer by, a person eighteen
years of age or younger, during such person's hours of employment, for a
valid employment purpose, where such laser pointer is used under the
supervision of the employer or employer's agent; or
(3) the direction of light from a laser pointer into or through a
public place by a person nineteen years of age or older, during such
person's hours of employment, for a valid employment purpose.
e. It shall be unlawful for any person to direct light from a laser
pointer at a uniformed police officer, uniformed security guard,
uniformed school safety officer, uniformed traffic enforcement agent,
uniformed member of a paid or volunteer fire department, uniformed
emergency medical service worker or uniformed ambulance worker, or other
uniformed city, state or federal peace officer, investigator or
emergency service worker, or the marked service vehicle of any such
individual.
f. When a person is found to possess a laser pointer while in a public
place or on school premises in violation of subdivision d of this
section, it is an affirmative defense that:
(1) such person was traveling to or from school premises, where the
laser pointer would have been or was used for a valid instructional,
school-related or employment purpose under the supervision of a school
staff person, other authorized instructor, employer or employer's agent,
and such person had not turned on the laser pointer or displayed it in a
menacing or threatening manner; or
(2) such person was traveling to or from his or her place of
employment, where the laser pointer would have been or was used during
such person's hours of employment, for a valid employment purpose, under
the supervision of the employer of employer's agent, and such person had
not turned on the laser pointer or displayed it in a menacing or
threatening manner.
g. Authorized agents and employees of the department of consumer
affairs, and of any other agency designated by the mayor, shall have the
authority to enforce the provisions of subdivisions b and c of this
section. A proceeding to recover any civil penalty pursuant to this
section shall be commenced by the service of a notice of hearing that
shall be returnable to the administrative tribunal of the department of
consumer affairs. The administrative tribunal of the department shall
have the power to impose civil penalties for a violation of subdivision
b or c of this section as follows: not more than three hundred dollars
for the first violation; not more than five hundred dollars for the
section violation by the same person within a two-year period; and not
more than one thousand dollars for the third and all subsequent
violations by the same person within a two-year period. For purposes of
determining whether a violation of subdivision b or subdivision c of
this section should be adjudicated as a second, third or subsequent
violation, violations of subdivision b and violations of subdivision c
of this section by the same person within a two-year period shall be
aggregated.
h. Any person who violates subdivision b, c or e of this section shall
be guilty of a misdemeanor. Any person who violates subdivision d of
this section shall be guilty of a violation for a first offense and a
misdemeanor for all subsequent offenses.
Section 10-135
* § 10-135 Prohibition on sale and possession of electronic stun guns.
a. As used in this section, "electronic stun gun" shall mean any device
designed primarily as a weapon, the purpose of which is to stun, render
unconscious or paralyze a person by passing an electronic shock to such
person, but shall not include an "electronic dart gun" as such term is
defined in section 265.00 of the penal law.
b. It shall be unlawful for any person to sell or offer for sale or to
have in his or her possession within the jurisdiction of the city any
electronic stun gun.
c. Violation of this section shall be a class A misdemeanor.
d. The provisions of this section prohibiting the possession of
electronic stun guns shall not apply to police officers as defined in
the criminal procedure law, who are operating under regular department
procedure or operation guidelines established by their department.
e. The provisions of this section shall not apply to manufacturers of
electronic stun guns or importers and exporters or merchants of
electronic stun guns, when such stun guns are scheduled to travel in the
course of international, interstate, or intrastate commerce to a point
outside the city. Such bulk shipments shall remain in their original
shipping package, unopened, except for inspection and possible
subdivision for further movement in interstate or intrastate commerce to
a point outside the city.
* NB Added L.L. 38/85 § 2, language juxtaposed per Ch. 907/85 § 14
* NB Number supplied by the Legislative Bill Drafting Commission
Section 10-136
§ 10-136 Prohibition against certain forms of aggressive solicitation.
a. Definitions. For purposes of this section:
(1) "Aggressive manner" shall mean:
(a) Approaching or speaking to a person, or following a person before,
during or after soliciting, asking or begging, if that conduct is
intended or is likely to cause a reasonable person to (i) fear bodily
harm to oneself or to another, damage to or loss of property, or the
commission of any offense as defined in section ten of the penal law
upon oneself or another, or (ii) otherwise be intimidated into giving
money or other thing of value, or (iii) suffer unreasonable
inconvenience, annoyance or alarm;
(b) Intentionally touching or causing physical contact with another
person or an occupied vehicle without that person's consent in the
course of soliciting, asking or begging;
(c) Intentionally blocking or interfering with the safe or free
passage of a pedestrian or vehicle by any means, including unreasonably
causing a pedestrian or vehicle operator to take evasive action to avoid
physical contact; or
(d) Using violent or threatening gestures toward a person solicited.
(2) "Solicit, ask or beg" shall include using the spoken, written, or
printed word, or bodily gestures, signs or other means with the purpose
of obtaining an immediate donation of money or other thing of value or
soliciting the sale of goods or services.
(3) "Public place" shall mean a place to which the public or a
substantial group of persons has access, and includes, but is not
limited to, any street, highway, parking lot, plaza, transportation
facility, school, place of amusement, park, playground, and any hallway,
lobby and other portion of an apartment house or hotel not constituting
a room or apartment designed for actual residence.
(4) "Bank" shall mean any banking corporation as defined in section
11-164 of the code.
(5) "Check cashing business" shall mean any person duly licensed by
the superintendent of banks to engage in the business of cashing checks,
drafts or money orders for consideration pursuant to the provisions of
article 9-A of the banking law.
(6) "Automated teller machine" shall mean a device, linked to a
financial institution's account records, which is able to carry out
transactions, including, but not limited to: account transfers,
deposits, cash withdrawals, balance inquiries, and mortgage and loan
payments.
(7) "Automated teller machine facility" shall mean the area comprised
of one or more automated teller machines, and any adjacent space which
is made available to banking customers after regular banking hours.
b. Prohibited acts. (1) No person shall solicit, ask or beg in an
aggressive manner in any public place.
(2) No person shall solicit, ask or beg within ten feet of any
entrance or exit of any bank or check cashing business during its
business hours or within ten feet of any automated teller machine during
the time it is available for customers' use. Provided, however, that
when an automated teller machine is located within an automated teller
machine facility, such distance shall be measured from the entrance or
exit of the automated teller machine facility. Provided further that no
person shall solicit, ask or beg within an automated teller machine
facility where a reasonable person would or should know that he or she
does not have the permission to do so from the owner or other person
lawfully in possession of such facility. Nothing in this paragraph shall
be construed to prohibit the lawful vending of goods and services within
such areas.
(3) No person shall approach an operator or other occupant of a motor
vehicle while such vehicle is located on any street, for the purpose of
either performing or offering to perform a service in connection with
such vehicle or otherwise soliciting the sale of goods or services, if
such approaching, performing, offering or soliciting is done in an
aggressive manner as defined in paragraph one of subdivision a of this
section. Provided, however, that this paragraph shall not apply to
services rendered in connection with the lawful towing of such vehicle
or in connection with emergency repairs requested by the operator or
other occupant of such vehicle.
c. Exemptions. The provisions of this section shall not apply to any
unenclosed automated teller machine located within any building,
structure or space whose primary purpose or function is unrelated to
banking activities, including but not limited to supermarkets, airports
and school buildings, provided that such automated teller machine shall
be available for use only during the regular hours of operation of the
building, structure or space in which such machine is located.
d. Penalties. Any violation of the provisions of this section shall
constitute a misdemeanor punishable by imprisonment for not more than
sixteen days or by a fine not to exceed one hundred dollars, or by both.
Section 10-137.
* § 10-137. Prohibition on the sale or installation of audible burglar
alarms for motor vehicles. a. Definitions. For the purposes of this
section:
(1) "audible burglar alarm for a motor vehicle" shall mean any sound
signal device designed and intended to produce an audible response upon
unauthorized entry into a motor vehicle.
(2) "dealer" shall mean a person selling or leasing and distributing
motor vehicles primarily to purchasers that in good faith purchase the
vehicles other than for resale.
(3) "manufacturer" shall mean any person manufacturing or assembling
motor vehicles.
(4) "motor vehicle" shall mean any device that is propelled by an
engine in or upon which a person or material may be transported on the
ground and which is intended to be operated upon a public highway.
(5) "person" shall mean an individual, partnership, company,
corporation, association, firm, organization or any principal, director,
officer, partner, member or employee thereof.
b. (1) It shall be unlawful for any person to sell or offer or display
for sale or cause any other person to sell or offer or display for sale
an audible burglar alarm for a motor vehicle that:
i. is not capable of automatically terminating its audible response
within three minutes of its being activated;
ii. is capable of being activated by means other than direct physical
contact with such motor vehicle or through the use of an individual
remote activation device that is designed to be used with the audible
burglar alarm system of a particular vehicle which alarm shall be
capable of and shall terminate its audible response within three minutes
of its being activated; or
iii. is set to automatically terminate its audible response more than
three minutes after its being activated.
(2) It shall be unlawful for any person, other than a manufacturer, to
install or cause any person to install an audible burglar alarm for a
motor vehicle that:
i. is not capable of automatically terminating its audible response
within three minutes of its being activated;
ii. is capable of being activated by means other than direct physical
contact with such motor vehicle or through the use of an individual
remote activation device that is designed to be used with the audible
burglar alarm system of a particular vehicle which alarm shall be
capable of and shall terminate its audible response within three minutes
of its being activated; or
iii. after completion of installation, is not set to automatically
terminate its audible response within three minutes of its being
activated.
(3) It shall be unlawful for any person to sell, offer or display for
sale, or install or cause any other person to sell, offer or display for
sale, or install any component that when added to an audible burglar
alarm for a motor vehicle would cause such alarm to not meet the
requirements of subdivision d of section 24-221 of this code.
c. (1) Notwithstanding the provisions of subdivision b of this
section, any dealer or any person who prior to the effective date of
this section installed an audible burglar alarm for a motor vehicle that
does not comply with subdivision b of this section and who, at the time
the audible burglar alarm for a motor vehicle was installed, provided a
warranty for the replacement or repair of such alarm that commenced upon
the installation of such alarm, shall be authorized to replace or repair
such alarm in accordance with the terms of such warranty.
(2) Any dealer or any person to which the provisions of paragraph one
of this subdivision apply shall maintain a record of all repairs and
replacements of such audible burglar alarm for a motor vehicle performed
in accordance with the terms of a warranty. Such records shall include
the effective date and expiration date of the warranty, the date on
which such repair or replacement was performed and such other
information as the police commissioner may require by rule. These
records shall be retained for a period of seven years, or such longer
period as the police commissioner may establish by rule.
d. (1) Any person who violates subdivision b of this section shall be
liable for a civil penalty of not less than five hundred dollars nor
more than one thousand dollars for the first violation, not less than
one thousand dollars nor more than two thousand five hundred dollars for
the second violation and not less than two thousand five hundred dollars
nor more than five thousand dollars for the third and each subsequent
violation.
(2) Each sale, offer or display for sale, or installation of an
audible burglar alarm for a motor vehicle made or caused to be made in
violation of subdivision b of this section shall be deemed a separate
violation and a separate civil penalty shall be imposed for each such
violation.
e. The provisions of this section shall be enforced by the police
department and the department of consumer affairs.
f. A proceeding to recover any civil penalty pursuant to this section
shall be commenced by the service of a notice of hearing that shall be
returnable to the administrative tribunal of the department of consumer
affairs.
* NB There are 2 § 10-137's
Section 10-138
§ 10-138 Distribution of a Model Code of Conduct to participants in
youth sports programs. a. Legislative findings and intent. Participation
in youth sports programs should be a rewarding experience. Through
sports programs, our youth learn the importance of teamwork,
cooperation, effort, discipline and commitment. Furthermore, regular
physical activity is the cornerstone of an active and healthy lifestyle.
Unfortunately, good sportsmanship is sometimes lacking on the part of
coaches, parents, players, spectators and other persons involved in
youth sports programs, resulting in the creation of a hostile
environment for participants. The City Council finds that in order to
realize the full potential and value of youth sports programs,
participants in such programs should follow a Code of Conduct that
reflects principles of good sportsmanship at all youth sports events.
Furthermore, the City Council finds that organizations that administer
youth sports programs should have the option of banning coaches,
parents, players, spectators and other participants in youth sports
programs from attending youth sports events if they engage in certain
egregious behavior at such events. Additionally, such organizations
should have the option of requiring individuals to complete some form of
anger management counseling before being allowed to resume attendance at
youth sports events.
b. Definitions. For purposes of this section:
(1) The term "youth" shall mean any person under the age of eighteen.
(2) The term "organization" shall mean any individual, firm,
partnership, trust, association, corporation or other entity.
(3) The term "youth sports event" shall mean a competition, practice
or instructional event involving one or more youth sports teams, where
such youth sports teams utilize city facilities and/or receive city
funding.
c. Any organization that administers a youth sports program that
utilizes city facilities and/or receives city funding shall distribute
the following Model Code of Conduct or a similar Code of Conduct
containing guidelines for conduct of behavior to be observed at youth
sports events to all coaches, parents and players participating in such
sports program:
Model Code of Conduct
1. All officials, coaches, parents, players, spectators and
participants shall respect one another.
2. All officials, coaches, parents, players, spectators and
participants shall respect officials' decisions.
3. All officials, coaches, parents, players, spectators and
participants shall engage in fair play and abide by all game rules.
4. All officials, coaches, parents, players, spectators and
participants shall refrain from engaging in taunting of officials,
coaches, parents, players, spectators or other participants by means of
baiting or ridiculing.
5. All officials, coaches, parents, players, spectators and
participants shall refrain from verbal and/or profane abuse of
officials, coaches, parents, players, spectators or other participants.
6. All officials, coaches, parents, players, spectators and
participants shall refrain from threatening physical violence or
engaging in any form of physical violence.
7. All officials, coaches, parents, players, spectators and
participants shall win and lose with good sportsmanship and shall strive
to make youth sports programs rewarding for all participants.
d. Any organization that administers a youth sports program that
utilizes city facilities or receives city funding shall post or affix
the Model Code of Conduct or a similar Code of Conduct containing
guidelines for conduct of behavior to be observed at youth sports events
at the primary facility where such youth sports events occur, as
practicable.
e. Any organization that administers a youth sports program that
utilizes city facilities and/or receives city funding may ban the
presence at youth sports events of any official, coach, parent, player,
spectator or other participant who (1) engages in verbal or physical
threats or abuse aimed at any official, coach, parent, player, spectator
or other participant, (2) initiates a fight or scuffle with any
official, coach, parent, player, spectator or other participant or (3)
engages in repeated and egregious violations of the Model Code of
Conduct or similar Code of Conduct containing guidelines for conduct of
behavior to be observed at youth sports events, if the conduct occurs at
or in connection with such youth sports event.
f. In the event that any official, coach, parent, player, spectator or
other participant is banned from attending youth sports events pursuant
to subdivision (e) of this section, such person may petition the
organization that imposed such ban for permission to resume attendance.
Prior to being permitted to resume attendance, such organization may
require such person to present proof of completion of anger management
counseling or its equivalent.
Section 10-146
§ 10-146 Sale of motor vehicles to unlicensed minors. Any person who
sells or gives any motor vehicle or motorcycle to any minor under
eighteen years of age who has not been licensed to operate a motor
vehicle or motorcycle within the city of New York, is guilty of a
misdemeanor punishable by a fine of not more than two hundred fifty
dollars, imprisonment for not more than six months, or both.
Section 10-147
§ 10-147 Possession of handcuffs, thumb-cuffs or leg irons by
unauthorized persons prohibited. a. It shall be unlawful for any person
to knowingly possess any type of handcuffs, including disposable cinch
cuffs, thumb cuffs or leg irons. This section shall not prohibit the
possession of toy handcuffs which by their construction cannot be used
to restrain an individual.
b. The prohibition of this section shall not apply to the following
persons:
1. any peace officer, police officer or any person appointed as a
police officer by the superintendent of state police; or
2. any police officer or peace officer of another state while
conducting official business within the state of New York; or
3. any employee of the city, charged with the care or custody of a
juvenile committed to a secure detention facility, while on duty or
while traveling to or from his or her assigned duty; or
4. any person in military service or other service of the state, or of
the United States, in pursuit of official duty or when duly authorized
by federal or state law, regulation or ordered to possess the same
articles prohibited by this section; or
5. any member of the auxiliary police force; or
6. any special patrolman appointed by the police commissioner, while
on duty or while traveling to or from his or her assigned place of duty;
or
7. any licensed private investigator or any employee of a watch,
guard, or patrol agency licensed by the secretary of state under article
seven of the general business law, or any employee of a person, firm or
corporation operating an armored car transportation service, while such
person is acting in the course of his or her employment or is traveling
to or from his or her place of employment; and
8. any employee of a person, firm or corporation engaged in the
business of manufacturing, selling or transporting such handcuffs,
including disposable cinch cuffs, thumb cuffs or leg irons, which are
intended for possession by persons authorized by this section, while
such person is acting in the course or his or her employment or is
traveling to or from his or her place of employment; or
9. any person engaged in a business activity which requires the
utilization of such handcuffs, including disposable cinch cuffs, thumb
cuffs or leg irons as authorized pursuant to regulations promulgated by
the police commissioner, while such person is acting in the course or
his or her employment or is traveling to or from his or her place of
employment.
c. Any person found in violation of this section shall be punished by
a fine of not less than fifty dollars nor more than two hundred dollars
or imprisonment of not more than ten days or both.
Section 10-148
§ 10-148 Fines for unlawful cutting of trees on city property other
than trees under the jurisdiction of the department of parks and
recreation. It shall be unlawful for any individual, firm, corporation,
agent, employee or person under the control of such individual, firm or
corporation to cut, remove or in any way destroy or cause to be
destroyed, any tree or other form of vegetation on any public property,
without acquiring written consent from the agency having jurisdiction or
control of such property. The foregoing provision shall not apply to
employees of any agency who are engaged in the proper and authorized
performance of their assigned duties.
Section 10-149
§ 10-149 Violation. a. Any individual, firm, corporation, agent,
employee or person under the control of such individual, firm or
corporation violating the provisions of section 10-148 of this code
concerning a tree shall be liable to arrest and upon conviction thereof
shall be deemed guilty of a misdemeanor and shall be punished by a fine
of not more than fifteen thousand dollars or by imprisonment of not more
than one year or by both such fine and imprisonment for each such
violation. Such individual, firm, corporation, agent, employee or person
under the control of such individual, firm or corporation shall also be
liable for a civil penalty of not more than ten thousand dollars for
each such violation which may be recovered in a proceeding before the
environmental control board. A proceeding to recover any civil penalty
authorized by this section shall be commenced by the service of a notice
of violation returnable to the environmental control board. The
environmental control board shall have the power to impose the civil
penalties prescribed herein.
b. Any individual, firm, corporation, agent, employee or person under
the control of such individual, firm or corporation violating the
provisions of section 10-148 of this code concerning any other form of
vegetation shall be liable to arrest and upon conviction thereof shall
be deemed guilty of a misdemeanor and shall be punished by a fine not
more than one thousand dollars or by imprisonment of not more than
ninety days or by both such fine and imprisonment for each such
violation.
c. Any individual, firm, corporation, agent, employee or person under
the control of such individual, firm or corporation found to be guilty
of violating the provisions of section 10-148 of this code or
subdivision a of section 18-129 of this code by a court of competent
jurisdiction or by the environmental control board shall be denied the
opportunity to obtain written consent from the commissioner of parks and
recreation or from an agency having control of public property to cut,
remove or in any way destroy or cause to be destroyed, any tree or other
form of vegetation on such property for a maximum of two years from the
date of conviction, or from the date the civil penalty was imposed.
Section 10-150
§ 10-150 Declaration and findings; election for non-public office. The
council hereby finds that it is in the public interest to hold certain
elections on days other than those which the vast majority of the people
of the city respect as a day of worship and a day of rest. The holding
of elections on such days of worship is unfair to those citizens who
observe such days of worship in that they are unable to participate
fully in the election process on an equal basis unless they violate
their religious precepts. This poses a threat to the free exercise of
religion and equality of access to the electoral process. The council
further finds and declares that bigotry, prejudice and intolerance will
be discouraged if such elections are forbidden on those days of worship,
and that holding elections on other days will permit the participation
of a greater number of people.
Section 10-151
§ 10-151 Elections for non-public office or position. a. It shall be
unlawful to conduct any election for a non-public office or position on
Friday after sundown, Saturday or Sunday in which members of the general
public are eligible to cast a vote by virtue of the fact that they
reside in a particular area of the city.
b. It shall be unlawful for any person to direct, mandate, supervise
or assist in conducting any such elections.
Section 10-152
§ 10-152 Penalty. a. Any person who shall violate any provision of
section 10-151, upon conviction thereof, shall be punished by a fine of
not more than one hundred dollars, or imprisonment for not more than ten
days, or both such fine and imprisonment.
b. The results of any election held in violation of section 10-151
shall be null and void.
Section 10-153
§ 10-153 First aid kits on vehicles for hire. a. All motor vehicles
for hire, used to transport any persons, with a seating capacity of ten
or more persons, including the driver, whether by charter or for a term
of months shall provide equipment and maintain on board the vehicle at
all times, a complete first aid kit containing all that equipment
reasonably calculated to provide emergency medical aid to injured
persons.
b. Any person, firm or corporation, convicted of a violation of the
provisions of this section shall be punished by a fine of one hundred
dollars or imprisonment for thirty days or both such fine and
imprisonment.
Section 10-154
§ 10-154 False statements in certificates, forms, written statements,
applications or reports. Any person who shall knowingly make a false
statement or who shall knowingly falsify or allow to be falsified any
certificate, form, signed statement, application or report required
under the provisions of this code or any rule or regulation of any
agency promulgated thereunder, shall be guilty of an offense and upon
conviction thereof shall be punishable by a fine of not more than five
hundred dollars or imprisonment of a term of not more than sixty days or
both.
Section 10-155
§ 10-155 Public nuisance defined. For the purpose of this section and
section 10-156 of this chapter, the following are declared to be public
nuisances:
a. Any building, erection or place where violations of any of the
provisions of article two hundred thirty of the penal law are occurring
and where two or more violations of such provisions which have resulted
in one or more criminal convictions and one or more arrests have
occurred within the twelve month period of time prior to the
commencement of a proceeding pursuant to section 10-156 of this chapter.
It shall be prima facie evidence that violations are occurring where an
arrest for a violation of any of the provisions of such article has been
made within thirty days prior to the issuance of notice pursuant to
section 10-156 of this chapter.
b. Any building, erection or place where violations of any of the
provisions of article two hundred twenty, two hundred twenty-one or two
hundred twenty-five of the penal law are occurring and where two or more
violations of such provisions which have resulted in one or more
criminal convictions and one or more arrests have occurred within the
twelve month period of time prior to the commencement of a proceeding
pursuant to section 10-156 of this chapter. It shall be prima facie
evidence that violations are occurring where an arrest for a violation
of any of the provisions of such articles has been made within thirty
days prior to the issuance of notice pursuant to section 10-156 of this
chapter.
c. Any building, erection or place where violations of any of the
unlawful activities set forth in section one hundred twenty-three of the
alcoholic beverage control law are occurring and where two or more
violations of such provisions which have resulted in one or more
criminal convictions and one or more arrests have occurred within the
twelve month period of time prior to the commencement of a proceeding
pursuant to section 10-156 of this chapter. It shall be prima facie
evidence that violations are occurring where an arrest for a violation
of any of the unlawful activities set forth in such section has been
made within thirty days prior to the issuance of notice pursuant to
section 10-156 of this chapter.
d. Any building, erection or place where violations of any of the
provisions of section 165.40, 165.45, 165.50, 170.65, 170.70, or 175.10
of the penal law or section four hundred fifteen-a of the vehicle and
traffic law are occurring and where two or more violations of such
provisions which have resulted in one or more criminal convictions and
one or more arrests have occurred within the twelve month period of time
prior to the commencement of a proceeding pursuant to section 10-156 of
this chapter. It shall be prima facie evidence that violations are
occurring where an arrest for a violation of any of the provisions of
such sections has been made within thirty days prior to the issuance of
notice pursuant to section 10-156 of this chapter.
e. Any building, erection or place where violations of any of the
provisions of section 240.45 of the penal law are occurring and where
two or more violations of such provisions which have resulted in one or
more criminal convictions and one or more arrests have occurred within
the twelve month period of time prior to the commencement of a
proceeding pursuant to section 10-156 of this chapter. It shall be prima
facie evidence that violations are occurring where an arrest for a
violation of any of the provisions of such section has been made within
thirty days prior to the issuance of notice pursuant to section 10-156
of this chapter.
f. For the purposes of this section, "conviction" shall be defined and
applied in accordance with the provisions of section 1.20 of the
criminal procedure law.
Section 10-156
§ 10-156 Powers of the police commissioner with respect to public
nuisances. a. In addition to the enforcement procedures set forth in
chapter seven of title seven of this code and any other law, the police
commissioner or such commissioner's designee after notice and
opportunity for a hearing shall be authorized:
1. to order the discontinuance of such activity at the building,
erection or place where such public nuisance exists, and/or
2. to order the closing of the building, erection or place to the
extent necessary to abate the nuisance.
b. 1. Prior to the issuance of orders by the police commissioner or
such commissioner's designee pursuant to subdivision a of this section,
the police commissioner or such commissioner's designee shall give
notice and opportunity for a hearing to the owner, lessor, lessee and
mortgagee of a building, erection or place wherein the public nuisance
is being conducted, maintained or permitted. Notice shall be given as
follows:
(a) service of a notice of hearing may be made to owners and lessors
by delivering such notice to the owner or lessor or to an agent of the
owner or lessor or to a person of suitable age and discretion at the
residence or place of business of the owner or lessor or, if upon
reasonable application such delivery cannot be completed, by affixing
such notice in a conspicuous place at the owner's or lessor's place of
business or residence or by placing it under the entrance door at either
of such locations or by delivering such notice to a person employed by
the owner or lessor on the premises at which the nuisance is located
and, in all instances except personal delivery upon such owner or
lessor, by mailing the notice of hearing as follows:
(i) to the person registered with the department of housing
preservation and development as the owner or agent of the premises, at
the address filed with such department in compliance with article two of
subchapter four of chapter two of title twenty-seven of the
administrative code; or
(ii) to the person designated as owner of the building or designated
to receive real property tax or water bills for the building at the
address for such person contained in one of the files compiled by the
department of finance for the purpose of the assessment or collection of
real property taxes and water charges or in the file compiled by the
department of finance from real property transfer forms filed with the
city register upon the sale or transfer of real property; or
(iii) to the person in whose name the real estate affected by the
order of the police commissioner or such commissioner's designee is
recorded in the office of the city register or the county clerk as the
case may be.
(b) service of a notice of hearing may be made to an owner or lessor
which is a corporation pursuant to section three hundred six of the
business corporation law;
(c) service of a notice of hearing may be made to lessees (i) by
delivering such notice to the lessee or to a person employed by the
lessee on the premises at which the nuisance is located; or (ii) by
affixing such notice in a conspicuous place to the premises at which the
nuisance is located or placing a copy under the entrance door of such
premises and mailing a copy of such notice to the lessee at such
premises;
(d) service of a notice of hearing may be made to mortgagees by
mailing such notice to the mortgagee at the last known residence or
place of business or employment of the mortgagee;
(e) proof of service pursuant to subparagraphs (a), (b), (c) and (d)
of this paragraph shall be filed with the commissioner or the
commissioner's designee;
2. The lack of knowledge of, acquiescence or participation in or
responsibility for, a public nuisance on the part of the owners,
lessors, lessees, mortgagees and all those persons in possession of or
having charge of as agent or otherwise, or having any interest in the
property, real or personal, used in conducting or maintaining the public
nuisance, shall not be a defense by such owners, lessors and lessees,
mortgagees and such other persons.
c. Orders of the police commissioner or such commissioner's designee
issued pursuant to this section shall be posted at the building,
erection or place where a public nuisance exists or is occurring in
violation of law and shall be mailed to the owner of record thereof
within one business day of the posting.
d. On the fifth business day after the posting of an order issued
pursuant to paragraphs one or two of subdivision a of this section and
upon the written directive of the police commissioner or such
commissioner's designee, officers of the police department are
authorized to act upon and enforce such orders.
e. Where the police commissioner or such commissioner's designee
closes a building, erection or place pursuant to paragraph two of
subdivision a of this section, such closing shall be for such period as
the police commissioner or such commissioner's designee may direct but
in no event shall the closing be for a period of more than one year from
the posting of the order pursuant to subdivision c of this section. If
the owner, lessor or lessee shall (i) file a bond in an amount
determined by the police commissioner or such commissioner's designee
but which may not exceed the value of the property ordered to be closed
and (ii) submit proof satisfactory to the police commissioner or such
commissioner's designee that the nuisance has been abated and will not
be created, maintained or permitted for such period of time as the
building, erection or place has been directed to be closed by the order
of the police commissioner or such commissioner's designee, then the
police commissioner or such commissioner's designee may vacate the
provisions of the order that direct the closing of the building,
erection or place.
f. A closing directed by the police commissioner or such
commissioner's designee pursuant to paragraph two of subdivision a of
this section shall not constitute an act of possession, ownership or
control by the city of the closed premises.
g. It shall be a misdemeanor for any person to use or occupy or to
permit any other person to use or occupy any building, erection or
place, or portion thereof, ordered closed by the police commissioner or
such commissioner's designee. Mutilation or removal of a posted order of
the police commissioner shall be punishable by a fine of not more than
two hundred fifty dollars or by imprisonment not exceeding fifteen days,
or both, provided such order contains therein a notice of such penalty.
h. Intentional disobedience or resistance to any provision of the
orders issued by the police commissioner or such commissioner's designee
pursuant to this section, in addition to any other punishment prescribed
by law, shall be punishable by a fine of not more than one thousand
dollars, or by imprisonment not exceeding six months, or both.
i. The police commissioner may promulgate rules and regulations to
carry out and give full effect to the provisions of section 10-155 and
this section. Such rules and regulations shall be promulgated in
accordance with section eleven hundred five of the charter.
Section 10-157
§ 10-157 Bicycles used for commercial purposes. a. For purposes of
this section, the following terms shall have the following meanings:
(1) "bicycle" shall have the same meaning as in section 19-176 of this
code, and shall also mean any wheeled device propelled exclusively by
human power as well as any motor-assisted device that is not capable of
being registered by the New York state department of motor vehicles;
(2) "business using a bicycle for commercial purposes" shall mean a
person, firm, partnership, joint venture, association, corporation, or
other entity which engages in the course of its business, either on
behalf of itself or others, in delivering packages, parcels, papers or
articles of any type by bicycle. Nothing contained in this section shall
be construed as applying to persons under the age of sixteen who use a
bicycle only to deliver daily newspapers or circulars.
b. A business using a bicycle for commercial purposes shall provide
identification of such business by requiring every bicycle to be
identified by affixing to the rear of each bicycle, bicycle seat or both
sides of the delivery basket, a metal or plastic sign measuring no less
than three inches by five inches, with the name of the business and an
identification number unique to that particular bicycle in lettering and
numerals no less than one inch in height so as to be plainly readable at
a distance of not less than ten feet and maintaining same in good
condition thereon. A sign is no longer in good condition if it is
missing any of its component parts or is otherwise damaged so as to
impair its functionality.
c. Every business using a bicycle for commercial purposes must assign
to every bicycle operator employed by such business a three digit
identification number. Such business must issue to every bicycle
operator an identification card which contains the name, three digit
identification number and photo of the bicycle operator and the name,
address and telephone number of the business by which the bicycle
operator is employed. Such business shall ensure that such
identification card is carried by the bicycle operator while such
bicycle operator is making deliveries, or otherwise riding a bicycle on
behalf of the business, and such bicycle operator shall carry such
identification card while operating a bicycle on behalf of such
business. Such bicycle operator shall be required to produce such
identification upon the demand of an authorized employee of the police
department or department of transportation or any other person
authorized by law.
d. Every business using a bicycle for commercial purposes shall
maintain a roster of bicycle operators employed by such business. Such
roster shall include the name and place of residence address of every
employee operating a bicycle on behalf of such business, the date of
employment and discharge of each such employee, every such employee's
three digit identification number, and whether such employee has
completed the bicycle safety course required by paragraph 3 of
subdivision e of this section. The owner of any business using a bicycle
for commercial purposes shall be responsible for maintaining such
roster. Such roster shall be made available for inspection during
regular and usual business hours or any other such time that such entity
is open for business upon request of an authorized employee of the
police department or department of transportation or any other person
authorized by law.
e. (1) The owner of any business using a bicycle for commercial
purposes shall provide, at its own expense, protective headgear suitable
for each bicycle operator. Such headgear shall:
(i) meet the standards set forth by the consumer product safety
commission in title 16, part 1203 of the code of federal regulations;
(ii) be readily available at each site of the business using a bicycle
for commercial purposes for use by each bicycle operator; and
(iii) be replaced if such headgear is no longer in good condition.
Headgear is no longer in good condition if it is missing any of its
component parts or is otherwise damaged so as to impair its
functionality.
(2) Each bicycle operator shall wear protective headgear that meets
the requirements of paragraph 1 of this subdivision while making
deliveries or otherwise operating a bicycle on behalf of such business.
The term "wear such protective headgear" means having the headgear
fastened securely upon the head with the headgear straps.
(3) Each bicycle operator shall be required to complete a bicycle
safety course. For purposes of this section, "bicycle safety course"
shall mean information provided by the department of transportation,
regarding safe bicycling and adherence to traffic and commercial bicycle
laws. Such requirement shall include, but not be limited to, the
following:
(i) Each bicycle operator shall complete a bicycle safety course prior
to operating a bicycle on behalf of a business using a bicycle for
commercial purposes;
(ii) Each business using a bicycle for commercial purposes shall
indicate on the roster required to be maintained by subdivision d of
this section that each bicycle operator employed by such business has
completed such bicycle safety course;
(iii) The owner of any business using a bicycle for commercial
purposes shall ensure that all bicycle operators employed by such
business shall complete such bicycle safety course prior to operating a
bicycle on behalf of such business, shall maintain records of such
operators' completion of such bicycle safety course, and shall make such
records available for inspection during regular business hours or any
other time such business is open for business upon request of an
authorized employee of the police department or department of
transportation or any other person authorized by law; and
(iv) The commissioner of transportation shall post on the department
of transportation's website the content of the bicycle safety course
required by this section on or before the effective date of this
section.
f. The owner of any business using a bicycle for commercial purposes,
notwithstanding that a bicycle may be provided by an employee thereof,
shall provide at its own expense and ensure that each bicycle is
equipped with a lamp; a bell or other device capable of giving an
audible signal from a distance of at least one hundred feet, provided
however that a siren or whistle shall not be used; brakes; reflective
tires or, alternately, a reflex reflector mounted on the spokes of each
wheel; as well as other devices or material in accordance with section
1236 of the vehicle and traffic law.
g. Any business using a bicycle for commercial purposes shall be
responsible for the compliance with the provisions of this section of
any employees it shall retain. Violation of any of the provisions of
this section by any such business, or of any of the rules or regulations
that may be promulgated pursuant hereto, shall be a violation triable by
a judge of the criminal court of the city of New York and upon
conviction thereof shall be punishable by a fine of not less than one
hundred dollars nor more than two hundred fifty dollars or imprisonment
for not more than fifteen days or both such fine and imprisonment. In
addition, any business using a bicycle for commercial purposes that
violates any of the provisions of this section or any of the rules
promulgated pursuant hereto shall be subject to a civil penalty of one
hundred dollars. Any such business that violates a provision of this
section or rule promulgated pursuant hereto more than thirty days after
such business has already violated the same provision or rule shall be
subject to an additional civil penalty of two hundred fifty dollars.
Such civil penalties may be in addition to any criminal penalty imposed,
and shall be recoverable against such business in an action or
proceeding in any court or tribunal of competent jurisdiction or the
environmental control board.
h. Any person who makes deliveries or otherwise operates a bicycle on
behalf of a business using a bicycle for commercial purposes without
carrying the identification sign required by subdivision b of this
section or without carrying the identification card required by
subdivision c of this section or who fails to produce such
identification sign or card upon demand pursuant to such subdivisions,
or who fails to wear protective headgear required by subdivision e of
this section or the retro-reflective apparel required by subdivision i
of this section, shall be guilty of a traffic infraction and upon
conviction thereof shall be liable for a fine of not less than
twenty-five dollars nor more than fifty dollars. It shall be an
affirmative defense to such traffic infraction that such business did
not provide the protective headgear, the identification or the
retro-reflective apparel required by subdivisions b, c, e or i of this
section. Such traffic infraction may be adjudicated by such an
administrative tribunal as is authorized under article two-A of the
vehicle and traffic law.
i. A business using a bicycle for commercial purposes shall provide
for and require each bicycle operator employed by such business to wear
and each such bicycle operator shall wear a retro-reflective jacket,
vest, or other wearing apparel on the upper part of such operator's body
as the outermost garment while making deliveries, or otherwise riding a
bicycle on behalf of such business, the back of which shall indicate
such business' name and such bicycle operator's individual
identification number as assigned pursuant to subdivision c of this
section in lettering and numerals not less than one inch in height so as
to be plainly readable at a distance of not less than ten feet.
j. The provisions of this section shall be enforceable by an
authorized employee of the police department or department of
transportation or any other person authorized by law.
k. A business using a bicycle for commercial purposes shall not
possess any motorized scooter and shall not permit any employee of such
business to operate such a motorized scooter on behalf of such business.
A business using a bicycle for commercial purposes shall be liable for
any violation of section 19-176.2(b) of this code committed by an
employee of such business while such employee is operating a motorized
scooter on behalf of such business. For purposes of this section,
"motorized scooter" shall be as defined in section 19-176.2 of this
code.
Section 10-157.1
10-157.1 Signs with bicycle safety procedures. a. Every business
using a bicycle for commercial purposes, as defined in subdivision a of
section 10-157 of this chapter, shall post one or more signs at each
business using the bicycle for commercial purposes site summarizing:
(1) the responsibilities of bicycle operators and businesses pursuant
to section 10-157 of this chapter; and
(2) the provisions of the vehicle and traffic law, administrative code
of the city of New York and department of transportation traffic rules
and regulations that the commissioner of transportation in his or her
discretion determines are most important for the safe operation of
bicycles in New York city. Not less than fifteen days prior to the
effective date of this section, the department of transportation shall
post on its website the provisions required to be posted under this
subdivision.
b. Every sign required pursuant to subdivision a of this section shall
be:
(1) in English and Spanish and any other language spoken predominantly
by any bicycle operator utilized by the business; and
(2) posted in a manner conspicuous to bicycle operators utilized by
the business and to patrons of the business present at the employment
site.
c. The commissioner of transportation shall promulgate such rules and
regulations as may be required to effectuate the purposes of this
section, including rules and regulations governing the content, size and
manner of display of signs required pursuant to this section and shall
make a model sign available on the department of transportation's
website.
d. The violation of any provision of subdivision a or b of this
section, or of any of the rules or regulations that may be promulgated
pursuant hereto, shall be a violation triable by a judge of the criminal
court of the city of New York and upon conviction thereof shall be
punishable by a fine of not less than one hundred dollars nor more than
two hundred fifty dollars or imprisonment for not more than fifteen days
or both such fine and imprisonment. In addition, any business using a
bicycle for commercial purposes, as defined in subdivision a of section
10-157 of this chapter who violates any provision of subdivision a or b
of this section or any of the rules or regulations promulgated pursuant
hereto shall be subject to a civil penalty of one hundred dollars. Any
such business that violates a provision of this section or rule
promulgated pursuant hereto more than thirty days after such business
has already violated the same provision or rule shall be subject to an
additional civil penalty of two hundred fifty dollars. Such civil
penalties may be in addition to any criminal penalty imposed, and shall
be recoverable against such business in an action or proceeding in any
court or tribunal of competent jurisdiction or the environmental control
board.
e. The provisions of this section shall be enforceable by an
authorized employee of the police department or department of
transportation or any other person authorized by law.
Section 10-158
§ 10-158 Vessel regulation zone. a. Description. That portion of the
body of water contained within the county of the Bronx, known as the
lagoon within pelham bay park, whose limits are: on the northeast,
latitude 40° 52' 40", longitude 73° 47'; on the northwest, latitude 40°
52' 57", longitude 73° 47' 38"; on the southeast, latitude 40° 51' 54",
longitude 73° 49' 12"; and on the southwest, latitude 40° 52' 4",
longitude 73° 48' 25", and which does not exceed one thousand feet from
the shore line at low water mark, shall be designated a vessel
regulation zone, as set forth under section 46 of the navigation law of
the state of New York.
b. Regulation. The maximum vessel speed limit within this vessel
regulation zone shall be four miles per hour. The commissioners of the
police department and the department of parks and recreation shall be
required to enforce said speed limit. "Vessel", as defined for purposes
of this section, shall not include a crew racing shell. "Crew racing
shell" shall mean any shell, gig, barge or other boat designed primarily
for practice or racing, propelled by oars or sweeps, in the sport of
crew or scull racing conducted by a private or public educational
institution, school, academy, college, university or association of any
of the preceding or by any amateur sports club or association or by the
United States or International Olympics Committee and shall not include
canoes, rowboats or lifeboats.
c. Posting of speed signs. There shall be posted by the commissioner
of the department of parks and recreation on the shore near the
boundaries of this vessel regulation zone, signboards facing the water
and bearing thereon in large letters, "Vessel Regulation Zone, Speed
Limit 4 miles per hour". Such signboards shall be conspicuously placed
and of sufficient size to be easily readable by a person using such
waters.
d. Penalties. Any person violating any of the regulations including
the speed limit as set forth in this section shall be guilty of a
misdemeanor punishable upon conviction by a fine not exceeding fifty
dollars or by imprisonment for not more than ninety days or by both.
e. Exemptions. The provisions of this section shall not apply to any
vessel while actually competing in a duly authorized regatta, provided
notice of such regatta has been filed with the Bronx county clerk and
the department of parks and recreation at least ten days prior to the
occurrence of such event and provided that no single sponsor of such
regatta be allowed to conduct more than six within any calendar year.
Section 10-158.1
§ 10-158.1 Harlem River no wake area. a. For the purposes of this
section the following terms shall be defined as follows: 1. "Idle speed"
shall mean the lowest speed at which a vessel can operate, maintain safe
steerage, and minimize the production of a wake that could unreasonably
interfere with or endanger other persons, property, or water-borne
vessels.
2. "No wake area" shall mean an area in which a vessel must travel at
idle speed.
3. "Vessel" shall mean any motorized floating craft with the exception
of any motorized floating craft that (i) is used primarily as a
residence, (ii) is a vessel operated by an authorized member or employee
of any law enforcement or emergency services agency or organization when
used in the performance of official law enforcement or emergency
services duties, (iii) is provided as an accommodation, advantage,
facility or privilege at any place of public accommodation, resort or
amusement or (iv) is a vessel in commercial service, as defined in
Section 2101 of Title 46 of the United States Code. A vessel operated by
an individual who is compensated to operate such vessel shall not
provide sufficient cause to deem such vessel to be in "commercial
service."
4. "Wake" shall mean all changes in the vertical height of the water's
surface caused by the passage of a vessel including, but not limited to,
such craft's bow wave, stern wake and propeller wash.
b. Swindler Cove and that portion of the Harlem River running from the
University Heights Bridge southerly to the High Bridge; and that portion
of the Harlem River between the Spuyten Duyvil trestle and the Broadway
Bridge are hereby designated "No Wake Areas."
c. 1. All vessels operating within the no wake area shall be operated
at idle speed.
2. The police commissioner, the commissioner of parks and recreation
and the heads of such other agencies as the mayor shall designate shall
have the authority to enforce paragraph one of this subdivision.
d. The commissioner of parks and recreation shall post one or more
signboards at or about seven hundred fifty feet from the northerly-most
and southerly-most boundaries, respectively, or as closely thereto as
practicable, of each such "no wake area" and at or about three hundred
fifty feet from the northerly-most and southerly-most boundaries,
respectively, or as closely thereto as practicable, of each such "no
wake area." Such signboards shall face the water in both directions and
bear thereon, respectively, a notice indicating the distance from the
"no wake area" and a direction to proceed at idle speed. The exact
distances of such signboards shall be subject to the availability of
property upon which to post such signboards. The commissioner of parks
and recreation shall also post additional signboards to indicate to
vessel operators the presence of a boathouse in the "no wake area" or
the shoreline. Such signboards shall be conspicuously placed and be of
sufficient size to be read easily by a person using such waters.
e. Any person violating paragraph one of subdivision c of this section
shall be guilty of a misdemeanor punishable upon conviction by a fine
not exceeding one hundred fifty dollars or by imprisonment for not more
than ninety days or by both. Any such penalty shall be in addition to
any penalty provided for in the New York State navigation law.
f. The provisions of this section shall not apply to the following: 1.
any vessel while actually competing in a duly authorized regatta,
provided notice of such regatta has been filed with and accepted by the
clerk of Bronx and New York counties, and with the United States coast
guard and the department of parks and recreation, at least ten days
prior to the occurrence of such event and
2. any vessel while actually engaged in safety or coaching activities
Section 10-158.2
§ 10-158.2 Wake reduction educational material. The commissioner of
parks and recreation, in consultation with the police commissioner,
shall prepare and make available to operators of water-borne vessels, as
defined in section 19-306 of this code, within the city of New York or
its territorial waters, and operators of piers, marinas and boat repair
yards educational materials related to the dangers of wakes to the
safety of boaters in water-borne vessels in the water; the potentially
adverse impact of wakes to piers and other shoreline structures,
waterfront recreational facilities and parks, the shoreline itself, and
wetlands along the city's waterfront; the importance of minimizing wakes
as a water-borne vessel operates in a vessel regulation zone or "no wake
area;" and which government entities have jurisdiction over rule-making
and enforcement in the territorial waters of the city of New York.
Section 10-159
§ 10-159 Safe streets, safe city advisory board. (a) There is hereby
established a safe streets, safe city advisory board. The safe streets,
safe city advisory board shall consist of the deputy mayor for public
safety, the police commissioner, one person appointed by the speaker of
the city council, one additional person appointed by the mayor, one
person appointed by the governor, one person appointed by the temporary
president of the state senate, one person appointed by the minority
leader of the senate, one person appointed by the speaker of the state
assembly and one person appointed by the minority leader of the
assembly.
(b) The safe streets, safe city advisory board shall meet at least
four times a year, including on the first Thursday in August, November,
February and May. The advisory board may establish its own rules and
procedures with respect to the conduct of its meetings and other affairs
not inconsistent with law.
(c) Membership on the safe streets, safe city advisory board shall not
constitute the holding of a public office, and members of the advisory
board shall not be required to take and file oaths of office before
serving on the advisory board.
(d) No member of the safe streets, safe city advisory board shall be
disqualified from holding any public office or employment, nor shall a
member forfeit any office or employment by reason of appointment as a
member hereunder.
(e) The director of the office of management and budget, in
consultation with the police commissioner and heads of appropriate
agencies of the city, shall make an annual report to the mayor within
thirty days of the release of the preliminary budget in nineteen hundred
ninety-two, nineteen hundred ninety-three, nineteen hundred ninety-four,
nineteen hundred ninety-five, nineteen hundred ninety-six and nineteen
hundred ninety-seven regarding implementation of the safe streets, safe
city program. The mayor shall promptly forward a copy of such report to
the safe streets, safe city advisory board, the governor, the temporary
president of the state senate, the minority leader of the state senate,
the speaker of the state assembly, the minority leader of the state
assembly and the speaker of the city council. The director of the office
of management and budget shall notify the safe streets, safe city
advisory board of any proposed budget modification to the safe streets,
safe city program at the same time such proposed budget modification is
submitted to the city council for approval in the form of an updated
supporting schedule to such proposed budget. Such notification shall
contain a detailed description of the proposed modification and the
impact thereof upon the safe streets, safe city program.
(f) The safe streets, safe city advisory board shall report on August
first, nineteen hundred ninety-one, and on October first of every year
thereafter, through nineteen hundred ninety-six, on the implementation
of the safe streets, safe city program within the city, with particular
emphasis on the city's current efforts with respect to the city's
criminal justice system, as well as the other agencies which are to
receive enhanced funding under the safe streets, safe city program. Any
additional written comments submitted by individual members of the
advisory board regarding the city's implementation of the program shall
be attached to and incorporated within the advisory board report as an
addendum thereto. All comments and observations included in the report
by the safe streets, safe city advisory board shall be responded to by
the mayor.
(g) The advisory board may request and shall receive from any
department, division, board, bureau, commission, borough president,
agency or public authority of the city of New York, such assistance,
information, and data as will enable the advisory board properly to
carry out its functions.
Section 10-160
§ 10-160 Security measures at automated teller machine facilities.
a. Definitions. For purposes of this section:
(1) "Access code" means a series of numbers or letters, unique to each
banking customer, which when entered into an automated teller machine,
grant the customer entry to the customer's account records.
(2) "Automated teller machine" means a device, linked to a financial
institution's account records, which is able to carry out transactions,
including, but not limited to: account transfers, deposits, cash
withdrawals, balance inquiries, and mortgage and loan payments.
(3) "Automated teller machine card" means an instrument authorized by
a bank which permits a customer to gain access to an automated teller
machine facility.
(4) "Automated teller machine facility" means the area comprised of
one or more automated teller machines, and any adjacent space which is
made available to banking customers after regular banking hours.
(5) "Bank" means any banking corporation, as defined in section 11-640
of the code, which operates, owns, or controls an automated teller
machine facility in the city of New York.
(6) "Adequate lighting" with respect to an open and operating
automated teller machine facility located on an exterior wall of a
building open to the outdoor air, and any defined parking area, means
lighting during nighttime hours according to the following standards:
(i) a minimum of ten candlefoot power at the face of the automated
teller machine and extending in an unobstructed direction outward five
feet;
(ii) a minimum of two candlefoot power within fifty feet from all
unobstructed directions from the face of the automated teller machine.
If such machine is located within ten feet of the corner of the building
and the automated teller machine facility is generally accessible from
the adjacent side, there shall be a minimum of two candlefoot power
along the first forty unobstructed feet of the adjacent side of the
building.
With respect to defined parking areas, "adequate lighting" means a
minimum of two candlefoot power in that portion of the parking area
within sixty feet of the automated teller machine facility.
With respect to an automated teller machine facility located within
the interior of a building, "adequate lighting" means lighting, on a
twenty-four hour basis, which permits a person entering the facility to
readily and easily see all persons occupying such facility, and which
permits a person inside the facility to readily and easily see all
persons at the entry door of such facility.
(7) "Defined parking area" means that portion of any parking area open
for bank customer parking which is (i) contiguous to any paved walkway
or sidewalk within fifty feet of an automated teller machine facility;
(ii) regularly, principally and lawfully used for parking by users of
the automated teller machine facility while conducting transactions at
such automated teller machine facility during nighttime hours; and (iii)
owned or leased by the operator of the automated teller machine
facility, or owned or otherwise controlled by the party leasing the
automated teller machine facility site to the operator. The term does
not include any parking area which is not open or regularly used for
parking by the users of the automated teller machine who are conducting
automated teller machine transactions during nighttime hours. A parking
area is not open if it is physically closed to access or if conspicuous
signs indicate that it is closed.
(8) "Nighttime hours" means the period of time beginning at sunset and
ending at sunrise.
(9) "Candlefoot power" means the light intensity of candles on a
horizontal plane at thirty-six inches above ground level and five feet
in front of the area to be measured.
(10) "Regular banking hours" means the period of time during each
weekday, Monday through Friday, commencing at nine o'clock a.m. and
ending at three o'clock p.m.
b. Security measures. A bank shall maintain the following security
measures with respect to each of its automated teller machine
facilities:
(1) a surveillance camera or cameras, which shall view and record all
persons entering, exiting, and moving within or about an automated
teller machine facility located within the interior of a building, or
which shall view and record all activity occurring within a minimum of
three feet in front of an automated teller machine located on an
exterior wall of a building open to the outdoor air. Such camera or
cameras need not view and record banking transactions made at the
automated teller machine. The recordings made by such cameras shall be
preserved by the bank for at least thirty days;
(2) within six months after the submission of the report of the
temporary task force required by subdivision c of this section, entry
doors equipped with locking devices which permit entry to such facility
only to persons using an automated teller machine card or access code
issued by a bank for that purpose. Provided, however, that any automated
teller machine facility located within the interior of a building that
is not equipped with such entry door locking devices within six months
after the submission of such report shall thereafter have at least one
security guard stationed therein during the period of time after regular
banking hours when such automated teller machine facility is available
to banking customers;
(3) entry doors equipped with fire exit bolts pursuant to paragraph
two of subdivision k of section 27-371 of the code;
(4) adequate lighting;
(5) at least one exterior wall made substantially of untinted glass or
other untinted, transparent material, which provides an unobstructed
view of the automated teller machine or machines within the automated
teller machine facility;
(6) reflective mirrors or surfaces at each automated teller machine
which provide the user a rear view;
(7) a reflective mirror or mirrors placed in a manner which permits a
person present in the automated teller machine facility to view areas
within such facility which are otherwise concealed from plain view; and
(8) a clearly visible sign, which at a minimum, states:
(i) the activity within the automated teller machine facility is being
recorded by surveillance camera;
(ii) customers should close the entry door completely upon entering if
the automated teller machine facility is located within the interior of
a building;
(iii) customers should not permit entrance to any unknown person at
any time after regular banking hours when an automated teller machine
facility located within the interior of a building is available to
banking customers;
(iv) customers should place withdrawn cash securely upon their person
before exiting the automated teller machine facility; and
(v) complaints concerning security in the automated teller machine
facility should be directed to the bank's security department or to the
department of consumer affairs, together with telephone numbers for such
complaints. Where emergency assistance is needed due to criminal
activity or medical emergency, call 911 at the nearest available public
telephone. Paragraphs two, three, five and seven of this subdivision
shall not apply to any automated teller machine facility located on an
exterior wall of a building open to the outdoor air.
Paragraph five of this subdivision shall not apply to any automated
teller machine facility located in (i) a landmark building or within an
historic district, if compliance with paragraph five would require the
approval of the landmarks preservation commission, and such approval has
been sought and denied; or (ii) any building, if compliance with
paragraph five would require the removal of a load-bearing wall as
defined in section 27-232 of the code.
c. Temporary task force. There is hereby established a temporary task
force to advise the mayor and the council as to the technological
feasibility of the limited access entry door requirements of paragraph
two of subdivision b of this section. Such task force shall be comprised
of fifteen members, two of whom shall be representatives of
federally-chartered banks, two of whom shall be representatives of
state-chartered banks, and two of whom shall be representatives of
savings and loan associations. The mayor and the speaker of the city
council shall each appoint seven members; the chair of the temporary
task force shall be jointly appointed by the mayor and the speaker. Not
later than twelve months after the appointment of the last member of the
temporary task force, the task force shall submit a report containing
its conclusions to the mayor and the city council.
d. List of facilities. Any bank which operates an automated teller
machine facility shall file a list of such facilities with the police
department, the department of consumer affairs, and the department of
buildings, including the street addresses, intersecting streets, hours
of operation, method of security, and method of surveillance at each
facility, and the telephone number of the bank's security department.
The police department shall distribute to each police precinct a list of
all automated teller machine facilities in the precinct which are
available to banking customers.
e. Violations and penalties. (1) A bank found to be in violation of
any provision of subdivision b of this section shall be subject to a
civil penalty of not more than two hundred fifty dollars. Each violation
of any provision of subdivision b of this section with respect to a
particular automated teller machine facility shall be considered a
separate violation thereof.
(2) Any bank found to be in violation of any provision of subdivision
b of this section shall correct the violation within three days after
such finding. Failure to correct the violation within three days after
such finding shall subject the bank to a civil penalty of not less than
five hundred dollars or more than one thousand dollars and an additional
civil penalty of two hundred fifty dollars per day for each day such
violation continues.
(3) Any bank found to be in violation of subdivision h of this section
shall be liable for a civil penalty of not more than one thousand
dollars for each automated teller machine facility for which a report
has not been filed. Any bank which makes a material false statement or
material omission in any report filed pursuant to subdivision h of this
section shall be liable for a civil penalty of not more than five
thousand dollars for each report.
(4) A proceeding to recover any civil penalty authorized to be imposed
pursuant to this section shall be commenced by the service of a notice
of violation which shall be returnable to the commissioner of consumer
affairs. Such commissioner, after due notice and an opportunity for a
hearing, shall be authorized to impose the civil penalties prescribed by
this section.
f. Consumer safety information. Upon the original issuance or
reissuance of an automated teller machine facility access card or code,
or any other means or device permitting access to an automated teller
machine facility, the issuing bank shall provide its customer with
written information concerning safety precautions to be employed while
using an automated teller machine facility. Such written information
shall include at a minimum the information described in subparagraphs
(i) through (v) of paragraph eight of subdivision b of this section. In
addition, upon the effective date of the local law which added this
section and for one year thereafter, such written information shall also
include a statement indicating that notwithstanding efforts to restrict
access to an automated teller machine facility located within the
interior of a building to persons authorized to use an automated teller
machine card or access code, entrance is sometimes obtained by persons
who are not authorized to use the automated teller machine facility.
g. Enforcement; statistics. (1) The police department, the department
of consumer affairs, and the department of buildings shall be authorized
to enforce this section.
(2) Statistics of crimes associated with the use of automated teller
machines compiled and maintained by the police department shall be made
available upon the request of any bank.
(3) Notwithstanding the provisions of section six hundred sixty-six of
the charter, a notice of violation issued by the department of buildings
pursuant to this section shall not be subject to review by the board of
standards and appeals.
h. Certification of compliance. Within thirty days after the effective
date of the local law which added this section, and each year
thereafter, every bank which has an automated teller machine facility
which is in operation on such date or on such date every year
thereafter, shall submit a written report to the commissioner of
buildings, on a form prescribed by such commissioner, certifying that
such automated teller machine facility is in compliance with the
provisions of this section, or if such facility is not in compliance
with the provisions of this section, such report shall state the manner
in which such facility fails to meet the requirements of this section
and the reasons for such non-compliance. Each such report shall be
accompanied by a fee of one hundred dollars for each automated teller
machine facility operated by the bank.
i. Compliance with building code and all other applicable provisions
of law. Nothing contained in this section shall be construed to exempt
or relieve any bank from complying with all relevant provisions of the
building code and all other applicable provisions of law.
j. Exemptions. The provisions of this section shall not apply to any
unenclosed automated teller machine located in any building, structure
or space whose primary purpose or function is unrelated to banking
activities, including but not limited to supermarkets, airports and
school buildings, provided that such automated teller machine shall be
available for use only during the regular hours of operation of the
building, structure or space in which such machine is located.
Section 10-161
§ 10-161 Three-card monte prohibited. a. Definitions. For the
purposes of this section, "three-card monte" shall mean a game or scheme
in which the player is to receive money if he or she correctly selects
one of any number of objects, which object was designated by the dealer,
operator or any individual working with said dealer or operator of the
game or scheme, as the winning object prior to shuffling or rearranging
the position of such objects. "Objects" shall be defined as any item
capable of being shuffled or rearranged on a surface, including, but not
limited to, cards, shells or caps.
b. It shall be unlawful for any person to deal or operate, or be in
any manner accessory to the dealing or operating, of three-card monte on
any public street, sidewalk or plaza.
c. Any person who violates subdivision b of this section shall be
guilty of a misdemeanor.
Section 10-162
§ 10-162 Interference with professional sporting event.
a. Definitions. For the purposes of this section, the following terms
shall have the following meanings:
1. Major venue sporting event. An athletic competition or practice
involving a professional team or an athletic competition or practice
being conducted in a venue with a permanent seating capacity of more
than five thousand. The duration of such competition or practice is to
include the period from the opening of the venue's gates to the public,
to the closing of the gates after the event.
2. Playing area. Any area designated for use by players, coaches,
officials or other team or league personnel that is on, or adjacent to,
the area of play during the period from the opening of the venue's gates
to the public, to the closing of the gates after the event.
3. Sports participant. An umpire, referee, player, coach, manager,
security employee, groundskeeper, stadium operations employee, or any
other sanctioned participant in which the major venue sporting event is
taking place.
4. Dangerous instrument. Any instrument, article or substance which,
under the circumstances in which it is used, attempted to be used or
threatened to be used, is readily capable of causing death or other
serious physical injury.
5. Substance. The term includes, but is not limited, to any liquid or
saliva.
b. Conduct prohibited. 1. It shall be illegal for any person other
than a sports participant to knowingly enter or remain unlawfully upon
the playing area of a major venue sporting event.
2. It shall be illegal for any person other than a sports participant
to subject a sports participant to contact by means of any substance,
object or dangerous instrument during a major venue sporting event, or
attempt to do so, with the intent to cause physical injury to a sports
participant during a major venue sporting event or with the intent to
disrupt a major venue sporting event.
3. It shall be illegal for any person other than a sports participant
to place, drop, toss or hurl any substance, object or dangerous
instrument onto the playing area of a major venue sporting event, or
attempt to do so, with the intent to cause physical injury to a sports
participant during a major venue sporting event or with the intent to
disrupt a major venue sporting event.
4. It shall be illegal for any person other than a sports participant
to strike, slap, kick or otherwise subject to physical contact a sports
participant during a major venue sporting event, or to attempt to do so,
with the intent to cause physical injury to a sports participant during
a major venue sporting event or with the intent to disrupt a major venue
sporting event.
c. Criminal penalties.
1. Any person who knowingly enters or remains unlawfully upon the
playing area of a major venue sporting event shall be guilty of a
misdemeanor punishable by imprisonment of not more than one year, a fine
of not more than one thousand dollars, or both.
2. Any person who uses a dangerous instrument when violating the
provisions of paragraph two of subdivision b of this section shall be
guilty of a misdemeanor punishable by imprisonment of not more than one
year or a fine of not more than one thousand dollars, or both. Any
person who violates the provisions of such paragraph by using any
substance or object other than a dangerous instrument shall be guilty of
a misdemeanor punishable by imprisonment of not more than ninety days or
a fine of not more than five hundred dollars, or both.
3. Any person who uses a dangerous instrument when violating the
provisions of paragraph three of subdivision b of this section shall be
guilty of a misdemeanor punishable by imprisonment of not more than one
year or a fine of not more than one thousand dollars, or both. Any
person who violates the provisions of such paragraph by using any
substance or object other than a dangerous instrument shall be guilty of
a misdemeanor punishable by imprisonment of not more than ninety days or
a fine of not more than five hundred dollars, or both.
4. Any person who violates the provisions of paragraph four of
subdivision b of this section shall be guilty of a misdemeanor
punishable by imprisonment of not more than one year or a fine of not
more than one thousand dollars, or both.
d. Civil penalties.
1. Any person who violates the provisions of paragraph one or
paragraph three of subdivision b of this section shall be liable, to any
person or entity injured or aggrieved by such action, for a civil
penalty of not less than one thousand dollars and not more than five
thousand dollars.
2. Any person who violates the provisions of paragraph two or
paragraph four of subdivision b of this section shall be liable, to any
person or entity injured or aggrieved by such action, for a civil
penalty of not less than ten thousand dollars and not more than
twenty-five thousand dollars.
3. The civil penalties set forth in paragraphs one and two of this
subdivision shall be in addition to any criminal penalties and/or
sanctions that may be imposed, and such civil penalties shall not limit
or preclude any cause of action available to any person or entity
injured or aggrieved by such action.
Section 10-163.
§ 10-163. Speed contests and races.
a. Except as provided in the vehicle and traffic law, no person shall
engage in or participate in any race, exhibition or contest of speed, or
aid or abet in such race, exhibition or contest of speed, on any
highway, street, alley, sidewalk, or any public or private parking lot
or area. Under this subdivision, "engage in" and "participate" shall
mean actions or circumstances that reasonably indicate that a race,
exhibition or contest of speed has occurred or is imminent, including,
but not limited to, the presence of a canister appearing to hold nitrous
oxide attached to a vehicle; an explicit invitation to race; a starting
or ending point marked in some way; the wagering on the race's outcome;
the operation of a motor vehicle in a manner where the operator, in
competition, accelerates at a high rate of speed; the raising of a
vehicle vertically; the spinning of the vehicle rapidly in a circle.
b. No person shall participate as a spectator in any event or
gathering held for the purpose of a race, exhibition or contest of speed
not authorized pursuant to the vehicle and traffic law. Under this
subdivision, "participate" shall mean acts at the scene of a race,
exhibition or contest of speed that reasonably appear to support such
race, such as wagering on the outcome of the race or actively
encouraging the participants to the race, exhibition or contest of
speed.
c. A violation of subdivision a shall constitute a misdemeanor and be
punishable by imprisonment of not more than six months or a fine of not
more than six hundred dollars, or both such fine and imprisonment. A
second violation of subdivision a of this section committed within ten
years of a violation of subdivision a of this section shall be
punishable upon conviction by imprisonment of not more than one year or
a fine of not more than one thousand dollars, or both such fine and
imprisonment. A violation of subdivision b shall constitute a violation
punishable by imprisonment of up to fifteen days or a fine of not more
than two hundred fifty dollars, or both such fine and imprisonment.
Section 10-164
§ 10-164 Operation of vehicles on approach of authorized emergency
vehicles.
a. Upon the immediate approach of an authorized emergency vehicle, as
defined in the vehicle and traffic law, equipped with at least one
lighted lamp exhibiting red light visible under normal atmospheric
conditions from a distance of five hundred feet to the front of such
vehicle other than a police vehicle or bicycle when operated as an
authorized emergency vehicle, and when audible signals are sounded from
any said vehicle by siren, exhaust whistle, bell, air-horn or electronic
equivalent; the driver of every other vehicle shall yield the right of
way and shall immediately drive to a position parallel to, and as close
as possible to the right-hand edge or curb of the roadway, or to either
edge of a one-way roadway three or more lanes in width, clear of any
intersection, and shall stop and remain in such position until the
authorized emergency vehicle has passed, unless otherwise directed by a
police officer or other authorized employee of the police department.
b. Any person who violates the provisions of this section shall be
guilty of a misdemeanor, and for a first conviction thereof shall be
punishable by a fine of not more than three hundred dollars or by
imprisonment for not more than thirty days or by both such fine and
imprisonment; for a conviction of a second violation, both of which were
committed within a period of ten years, a person shall be punishable by
a fine of not more than six hundred dollars or by imprisonment for not
more than ninety days or by both such fine and imprisonment; upon a
conviction of a third or subsequent violation, all of which were
committed within a period of ten years, a person shall be punishable by
a fine of not more than nine hundred dollars or by imprisonment for not
more than one-hundred eighty days or by both such fine and imprisonment.
Section 10-165.
§ 10-165. Serial acts of public lewdness. A person is guilty of serial
acts of public lewdness when two or more times within any three-year
period he or she intentionally exposes the private or intimate parts of
his or her body in a lewd manner or commits any other lewd act (a) in a
public place, or (b) in private premises under circumstances in which he
or she may readily be observed from either a public place or from other
private premises, and with intent that he or she be so observed. A
person who commits serial acts of public lewdness shall be guilty of a
class A misdemeanor.
Section 10-166
§ 10-166 Use of cellular telephones by schoolchildren. a. Definitions.
For the purposes of this section:
(1) "Cellular telephone" shall mean any mobile analog, wireless,
digital or other similar telephone or communications device, which can
be used to access two-way real time voice telecommunications service
that is interconnected to a public switched telephone network and is
provided by a commercial mobile radio service, as such term is defined
by 47 CFR § 20.3.
(2) "School" shall mean any buildings, grounds, facilities, property,
or portion thereof under the jurisdiction of the New York city
department of education or any nonpublic school that provides
educational instruction to students at or below the twelfth grade level.
(3) "Student" shall mean any person under the age of eighteen enrolled
in a school.
b. Any parent or guardian of any student may provide such student with
a cellular telephone for any lawful use en route to and from school. No
person shall interfere with the provision of such telephone to, or the
use of such telephone by, such student.
c. Any person who is aggrieved by interference prohibited by
subdivision b of this section shall be entitled to seek equitable relief
in any court of competent jurisdiction.
d. Nothing in this section shall be construed to affect or limit the
right of any school or law enforcement official to enforce regulations
regarding the use of cellular telephones.
Section 10-167
§ 10-167 Climbing, jumping or suspending of oneself from structures
prohibited. a. For purposes of this section, the term "structure" shall
mean any building, monument, statue, crane, bridge, sign, tower or other
object, or any combination thereof, exceeding fifty feet in height.
b. It shall be unlawful to: (i) jump or attempt to jump from a
structure, or (ii) climb or attempt to climb up, down or around the
exterior of a structure, or suspend or attempt to suspend oneself from
the exterior of a structure or on a device attached to one or more
structures, unless permission has been granted to climb or suspend
oneself from the structure by the owner of the structure for the sole
purpose of performing construction or maintenance.
c. This section shall not apply to a structure the primary purpose of
which is recreational or instructional climbing or jumping, provided
that permission is granted for such activity by the owner of such
structure.
d. Any person who violates the provisions of subdivision b of this
section shall be guilty of a class A misdemeanor, punishable by up to
one year in jail or a fine of up to one thousand dollars or both.
Section 10-168
§ 10-168 Prohibition of use of non-wood bats. a. Definitions. When
used herein, the following terms shall have the following meanings:
1. "Competitive baseball game" shall mean any organized baseball game
at which a certified umpire officiates and which takes place in the city
of New York.
2. "High school age children" shall mean persons older than thirteen
years of age, but younger than eighteen years of age.
3. "School" shall mean any public or private school which includes any
grade nine through twelve and which is located in the city of New York.
4. "Wood bat" shall mean any baseball bat constructed exclusively of
wood or any wood laminated or wood composite bat, which is approved by
major league baseball, pursuant to such organization's official rules,
for major league or minor league baseball play; provided that such term
shall not include any bat made in whole or in part of metal, including,
but not limited to, aluminum, magnesium, scandium, titanium or any other
alloy compound.
b. Only wood bats shall be used in any competitive baseball game in
which high school age children are participants and which involves the
participation and/or sponsorship of a school.
Section 10-169
§ 10-169 Regulation of publicly accessible collection bins.
a. Definition. For purposes of this section,
"Publicly accessible collection bin" shall mean any outdoor container,
other than any container placed by any government or governmental
agency, or its contractors or licensees, that allows for any member of
the public to deposit items into the container for the purpose of
collection by the provider of such container.
b. Requirements. All publicly accessible collection bins shall comply
with the following provisions:
1. Each individual publicly accessible collection bin shall
prominently display on the front and on at least one other side of the
bin, the name, address and telephone number of the provider of the bin.
This information shall be printed in characters that are plainly
visible. In no event shall a post office box be considered an acceptable
address for purposes of this paragraph.
2. No publicly accessible collection bin may be placed on any city
property or property maintained by the city, or on any public sidewalk
or roadway.
3. No publicly accessible collection bin shall be placed on any
private property without the written permission of the property owner or
the property owner's designated agent.
4. In addition to penalties provided for in any other provisions of
law, in the event that a publicly accessible collection bin is placed on
city property, or property maintained by the city, or on any public
sidewalk or roadway, the owner of the publicly accessible collection
bin, if the address of such owner is ascertainable, shall be notified by
the department of sanitation by certified mail, return receipt
requested, that such publicly accessible collection bin must be removed
within thirty days from the mailing of such notice. A copy of such
notice, regardless of whether the address of such owner is
ascertainable, shall also be affixed to the publicly accessible
collection bin. This notice shall state that if the address of the owner
is not ascertainable and notice is not mailed by the department of
sanitation, such publicly accessible collection bin must be removed
within thirty days from the affixation of such notice. This notice shall
also state that the failure to remove the publicly accessible collection
bin within the designated time period will result in the removal and
disposal of the publicly accessible collection bin by the department of
sanitation. This notice shall also state that if the owner objects to
removal on the grounds that the bin is not on city property, or property
maintained by the city, or on any public sidewalk or roadway, such owner
may send written objection to the department of sanitation at the
address indicated on the notice within twenty days from the mailing of
such notice or, if the address of such owner is not ascertainable and
notice is not mailed by the department of sanitation, within twenty days
from the affixation of such notice, with proof that the bin is on
private property. Proof that the bin is on private property shall
include, but not be limited to, a survey of the property prepared by a
licensed surveyor that is certified to the record owner of such
property.
Section 10-170.
§ 10-170. Criminal street gang initiation activity.
a. A person is guilty of criminal street gang initiation activity
when, in the course of his or her own or another person's initiation or
affiliation into a criminal street gang, he or she:
1. intentionally or recklessly engages in conduct that creates a
substantial risk of physical injury to another person; or
2. by physical menace, intentionally places or attempts to place
another person in fear of death, imminent serious physical injury or
physical injury.
b. Definitions. For purposes of this section, the following terms
shall have the following meanings: 1. "Criminal conduct" shall mean the
felonies or misdemeanors defined in any of the following articles of the
penal law: one hundred twenty, relating to assault and related offenses;
one hundred twenty-five, relating to homicide; one hundred thirty,
relating to sex offenses; one hundred thirty-five, relating to
kidnapping, coercion and related offenses; one hundred forty, relating
to burglary and related offenses; one hundred forty-five, relating to
criminal mischief and related offenses; one hundred fifty, relating to
arson; one hundred fifty-five, relating to larceny; one hundred sixty,
relating to robbery; one hundred sixty-five, relating to theft; two
hundred fifteen, relating to judicial proceedings; two hundred twenty,
relating to controlled substances offenses; two hundred twenty-one,
relating to offenses involving marihuana; two hundred twenty-five,
relating to gambling offenses; two hundred thirty, relating to
prostitution offenses or two hundred sixty-five, relating to firearms
and other dangerous weapons; or harassment in the first degree or
aggravated harassment in the first or second degree, as defined in
article two hundred forty of the penal law.
2. "Criminal street gang" shall mean any ongoing organization,
association, or group of three or more persons, whether formal or
informal, that engages in criminal conduct as one of its primary
purposes or activities.
c. Penalties. Any person who violates the provisions of this section
shall be guilty of a class A misdemeanor.
Section 10-171.
§ 10-171. Prohibited acts during a local state of emergency.
a. Definitions. For purposes of this section, the following terms
shall have the following meanings:
1. "Essential goods or services" shall mean those goods or services
provided by utilities, government or private entities or personnel that
are necessary to sustain or safeguard a person or property and without
which a person or property is vulnerable to harm or damage. Such term
shall include, but not be limited to, electricity, heat or gas service;
mass transportation; telecommunications; fire-fighting, police,
armed-forces, emergency medical, or hospital service; the availability
of sufficient and appropriate food and clothing; temperate, sanitary,
and safe shelter; potable water; and fuel.
2. "Local state of emergency" shall mean the period of time during
which a proclamation issued by the mayor, declaring a local state of
emergency pursuant to executive law section twenty-four, is in effect.
3. "Mandatory evacuation period" shall mean the period of time during
which the occupancy and use of buildings and homes is prohibited for
public safety purposes in response to a natural or man-made disaster, as
determined by the mayor pursuant to section twenty-four of the executive
law, and as declared by the mayor in an executive order during the
pendency of a local state of emergency.
4. "Mandatory evacuation zone" shall mean any area where the occupancy
and use of buildings and dwellings is prohibited for public safety
purposes in response to a natural or man-made disaster as determined by
the mayor pursuant to section twenty-four of the executive law, and as
declared by the mayor in an executive order during the pendency of a
local state of emergency.
b. Prohibited acts. During a local state of emergency, in a mandatory
evacuation zone for the duration of a mandatory evacuation period, or
when the conduct described below occurs during the reduction or loss of
essential goods or services as a result of such emergency, it shall be
unlawful for any person to:
(1) intentionally or recklessly cause, or create a material risk of,
physical injury to a person;
(2) intentionally or recklessly damage, create material risk of damage
to, or wrongfully deprive another person of property;
(3) knowingly enter or remain unlawfully in a building or upon real
property of another person;
(4) intentionally or recklessly impede, or cause a material risk of
impeding, response to the circumstances of the emergency by any
governmental agency, officer or employee; or
(5) impersonate another with the intent to obtain a benefit, or to
injure or defraud a person; provided, however, that such conduct shall
also constitute a violation of this section if it occurs after the
period of a local state of emergency where such conduct is related to
circumstances surrounding or arising out of the emergency.
c. Affirmative defense. In any prosecution under this section, it is
an affirmative defense that the defendant's conduct constituted
reasonable action taken as a result of or in response to the emergency.
d. Penalties. Any person who violates subdivision b of this section
shall be guilty of a misdemeanor punishable by imprisonment of not more
than six months and a fine of not more than two thousand five hundred
dollars, or a civil penalty of not less than one thousand dollars and
not more than five thousand dollars, or both; provided, however, that if
the person harmed or the real or personal property affected is located
in a mandatory evacuation zone and such violation occurs during a
mandatory evacuation period, then the perpetrator of such act shall be
guilty of a misdemeanor punishable by imprisonment of not more than one
year and a fine of not more than five thousand dollars, or a civil
penalty of not less than five thousand dollars and not more than ten
thousand dollars, or both.
e. Each violation of subdivision b of this section shall be deemed a
separate offense for which a separate criminal fine or civil penalty may
be imposed. Penalties imposed pursuant to this section shall not be
deemed to limit or preclude any remedy, penalty, or cause of action
available under any other law.
f. It shall not constitute a defense to an enforcement action taken
pursuant to this section that the real or personal property entered,
damaged, or taken has been previously damaged under the circumstances of
or in connection with the events associated with the declaration of a
local state of emergency.
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.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.