Section 17-101
§ 17-101 Definitions. Whenever used in this title the following terms
shall have the following meanings:
(a) "Board" means the board of health.
(b) "Commissioner" means the commissioner of the department of health
and mental hygiene.
(c) "Department" means the department of health and mental hygiene.
Section 17-102
§ 17-102 Secretary; certification by chief clerk. a. The secretary of
the department, subject to the direction of the commissioner, shall keep
and authenticate the acts, records, papers and proceedings of the
department, preserve its books and papers, conduct its correspondence,
and aid generally in accomplishing the purposes of the department.
b. Papers certified by the chief clerk of the department or by an
assistant chief clerk shall be of the same effect as evidence and
otherwise, as if certified by the secretary.
Section 17-103
§ 17-103 Proofs and affidavits. Proofs, affidavits and examinations as
to any matter under the jurisdiction of the department may be taken by
or before the board or other person as the commissioner or board shall
authorize. The commissioner, the secretary and any member of the
department, shall, severally have authority to administer oaths in such
matters.
Section 17-104
§ 17-104 Measures to prevent the spread of disease. a. It shall be the
duty of the department:
1. To cause any avenue, street, alley or other passage whatever, to be
fenced up or otherwise inclosed if it shall deem the public safety
requires it, and to adopt suitable measures for preventing all persons
from going to any part of the city so inclosed;
2. To forbid all communication with the house or family infected with
any communicable disease except by means of physicians, nurses or
messengers to carry the necessary advice, medicines and provisions to
the afflicted;
3. To adopt such means for preventing all communication between any
part of the city infected with a disease of communicable character and
all other parts of the city, as shall be prompt and effectual.
b. Failure to comply with the provisions adopted by the department
pursuant to this section shall constitute a misdemeanor, punishable by a
fine of not exceeding two hundred fifty dollars, or imprisonment not
exceeding six months, or both.
Section 17-105
§ 17-105 Commercial paper during epidemic; duties of city clerk. a.
Whenever the board of health, by public notice, shall designate any
portion or district of the city as being the seat of any infectious or
contagious disease, and declare communication with such portion or
district to be dangerous, or shall prohibit such communication, the city
clerk, during the continuance of such disease in such district, shall
provide and keep in his or her office a book for the purpose of
registering in alphabetical order, the names, firms and places of
business of any inhabitant of the city who shall request such registry
to be made.
b. All persons and firms usually resident or doing business within
such infected district shall register, in the books so provided, their
names or firms, with the place or places out of such infected district,
but within the city to which they may have removed the transaction of
their business, or to which they may desire any notices to be sent or
served, or any notes, drafts, or bills to be presented for acceptance or
for payment. Twenty-five cents may be claimed and received by the city
clerk for every such registry; but the book in which the same shall be
entered shall be open to public examination free of all charges at all
times during office hours.
c. During the continuance of any such disease in such infected
district, all drafts, notes and bills, which by law are required to be
presented for acceptance or for payment, may be presented for such
purpose at the place so designated in such registry, and all notices of
non-acceptance and non-payment of any note, draft or bill, or of protest
for such non-acceptance or non-payment, may be served by leaving the
same at the place so designated.
d. In case any person or firm usually resident or doing business
within such infected district shall neglect to make and cause to be
entered in the book so provided, the registry herein required, all
notes, drafts or bills which by law are required to be presented to such
person or firm for acceptance or for payment, may be presented to the
city clerk during the continuance of such disease, at any time during
office hours, and demand of acceptance or payment thereof may be made of
such city clerk, to the same purpose and with the same effect as if the
same had been presented and acceptance or payment demanded of such
person or firm at their usual place of doing business.
e. In case of omission to make the registry herein required, all
notices of the non-acceptance or non-payment of any note, draft, or
bill, or of protest for such non-acceptance or non-payment, may be
served on any person or firm usually resident or doing business within
such infected district, by leaving the same at one of the post-offices
in the city. Such service shall be as valid and effectual as if the
notices had been served personally on such person or one of such firm at
his, her or their usual place of doing business.
f. Whenever proclamation shall be made by the board of health, that an
infectious or contagious disease in any infected district has subsided,
it shall be deemed to have subsided for all purposes contemplated in
this section.
Section 17-106
§ 17-106 Inspection of sick; reports. Any officer or employee of the
department may visit any person who shall be reported to the department
as being apparently or presumably sick of any communicable disease and
report his or her opinion of such sickness to it in writing.
Section 17-107
§ 17-107 Inspection of vessels; removal; violation of orders,
punishment for. a. An officer or employee of the department shall visit
and inspect all vessels coming to the wharves, landing places, or shores
of the city, or within three hundred yards thereof, which are suspected
of having on board any communicable disease, or of being likely to
communicate such disease to the inhabitants of the city. Such officer or
employee shall report in writing, stating the vessel so inspected and
the nature, state, and situation thereof, and his or her opinion as to
the probability of disease being communicated by or from the same, and
shall file such report in the main office of the department.
b. If the department deem it probable that any such disease may be
brought into the city or communicated to the inhabitants thereof, it may
by order direct any vessel lying at a place within three hundred yards
of any wharf, landing place or shore of the city to be removed at least
three hundred yards therefrom within six hours after a copy of such
order, certified by the secretary of the department, shall be delivered
to the person or persons having command of such vessel, or to the
master, owner or consignee thereof. Every person to whom such copy of
such order shall be delivered shall forthwith comply with the same.
c. Failure to comply with the provisions of this section shall
constitute a misdemeanor, punishable by a fine of not exceeding two
hundred fifty dollars, or imprisonment not exceeding six months, or
both.
Section 17-108
§ 17-108 Infected places outside the city; proclamation. a. The board
may issue a proclamation declaring any place where there shall be reason
to believe a communicable disease actually exists, to be an infected
place within the meaning of the health laws of this state. Such
proclamation shall fix the time when it shall cease to have effect but
such period, from time to time, may be extended by the board if it shall
judge the public health to require such extension. Notice of an
extension shall be published in one or more newspapers of the city.
b. After such proclamation shall have been issued, all vessels
arriving in the port of New York from such infected place shall be
subject to a quarantine of at least thirty days or until the termination
of the proclamation period, and together with their officers, crews,
passengers and cargoes, shall be subject to all the provisions,
regulations and penalties in relation to vessels subject to quarantine.
c. The board may prohibit or regulate the internal intercourse by land
or water between the city and the infected place; and may direct that
all persons who come into the city contrary to its prohibition or
regulations shall be apprehended and conveyed to the vessel or places
from where they last came, or if sick, to such place as the board shall
direct.
d. Failure to comply with the provisions of this section shall
constitute a misdemeanor, punishable by a fine of not exceeding two
hundred fifty dollars, or imprisonment not exceeding six months, or
both.
Section 17-109
§ 17-109 Vaccinations. a. The department is empowered to collect and
preserve pure vaccine lymph or virus, produce diphtheria antitoxin and
other vaccines and antitoxins, and add necessary additional provisions
to the health code in order to most effectively prevent the spread of
communicable diseases.
b. The department may take measures, and supply agents and offer
inducements and facilities for general and gratuitous vaccination,
disinfection, and for the use of diphtheria antitoxin and other vaccines
and antitoxins.
Section 17-110
§ 17-110 Sale and exchange of lymph and antitoxin. a. The department
may authorize the sale at reasonable rates to be fixed by it, of surplus
vaccine lymph, virus, diphtheria antitoxin and other vaccines and
antitoxins, when the amount collected shall exceed the amount required
by it in the proper performance of its duties. The avails of such sales
shall be credited by the department to the general fund of the city of
New York and included in its semi-monthly transmission of revenue
collections to the commissioner of finance of the city of New York.
b. The bureau of laboratories of the department may also exchange,
upon authority and approval of the commissioner, and upon the written
approval of the mayor, a portion of its laboratory products for other
and different laboratory products, manufactured by the laboratories of
the United States government and of other cities and laboratories, which
the department may need for the prevention of the spread of disease.
Section 17-111
§ 17-111 Appropriation for prevention of communicable diseases. The
city shall appropriate funds for the use of the department, for the
prevention of dangers from communicable diseases found to exist in any
part of the city, or for the care of persons exposed to danger from
communicable diseases.
Section 17-112
§ 17-112 Publication of reports and statistics. The department, to
promote the public good and public service, may establish reasonable
regulations as to the publicity of any of its papers, files, reports,
records and proceedings; and may publish such information as, in its
opinion, may be useful, concerning births, deaths, marriages, sickness
and the general sanitary conditions of the city, or any matter, place or
thing therein.
Section 17-113
§ 17-113 Repairs of buildings; removal of obstructions; regulation of
public markets. a. The powers of the department shall include the
ordering and enforcing in the same manner as other orders are provided
to be enforced, the repairs of buildings, houses and other structures;
the regulation and control of all public markets in relation to the
cleanliness, ventilation and drainage thereof and the prevention of sale
or offering for sale of improper articles; the removal of any
obstruction, matter or thing in or upon the public streets, sidewalks or
places, which, in the opinion of the department, may lead to conditions
dangerous to life or health; the prevention of accidents by which life
or health may be endangered; and generally the abatement of all
nuisances.
b. The department shall possess full power with reference to the
ventilation, drainage and cleanliness, of the stands or stalls in or
around all markets.
Section 17-114
§ 17-114 Nuisances; abatement without suit. The department shall have
within the city all common law rights to abate any nuisance without
suit, which can or does in this state belong to any person.
Section 17-115
§ 17-115 Right of inspection. It is hereby made the duty of all
departments, officers, and agents, having the control, charge or custody
of any public structure, work, ground, or erection, or of any plan,
description, outline, drawing or charts thereof, or relating thereto,
made, kept or controlled under any public authority, to permit and
facilitate the examination and inspection, and the making of copies of
the same by any officer or person, authorized to do so by the department
of health and mental hygiene.
Section 17-116
§ 17-116 Medical examiners' returns. The department, from time to time
may make rules and regulations fixing the time of rendering, and
defining the form of returns and reports to be made to it by the chief
medical examiner, in all cases of death which shall be investigated by
him or her. The chief medical examiner shall conform to such rules and
regulations.
Section 17-117
§ 17-117 Removal of bodies. a. It shall be the duty of the department
upon receiving a certificate of death, made in accordance with its
rules, to grant a permit for the removal from the city, of the body of
the person described in such certificate if such body has not been
buried.
b. It may grant a permit for the removal of the remains of any person
interred within the city to a place without the city, on the application
of a relative or friend of such person, when there shall appear to be no
just objection to the same.
Section 17-118
§ 17-118 Putrid cargoes, et cetera, may be destroyed. The department,
when it shall judge it necessary, may cause any cargo or part thereof,
or any matter or thing within the city, that may be putrid or otherwise
dangerous to the public health, to be destroyed or removed. Such
removal, when ordered, shall be to such place as the department shall
direct; such removal or destruction shall be made at the expense of the
owner or owners of the property so removed or destroyed. Money expended
for the same may be recovered from such owner or owners, in an action at
law by the department.
Section 17-119
§ 17-119 Drainage; orders therefor; maps. a. Whenever in its opinion
the protection of the public health requires the drainage of any lands
in the city, by means other than sewers, the department may make an
order describing the location of such lands, and directing the proper
drainage thereof, and construction of drains therefor, by the
commissioner of design and construction.
b. The department after making such order, shall cause a map to be
made on which shall be shown the location of such proposed drains and
the lands required for the construction thereof.
c. The order shall be entered at length in the records of the
department and a copy thereof shall be delivered to the commissioner of
design and construction.
d. The map shall be filed in the department. A copy thereof shall be
filed in the office of the register or county clerk of the county in
which the lands are situated; another copy thereof shall be filed with
the borough president of the borough in which the lands are situated;
another copy with the copy of the order shall be filed with the
commissioner of design and construction, who shall immediately
thereafter have the power, and is hereby directed to make and adopt
proper and suitable plans for the construction of such drains.
Section 17-120
§ 17-120 Orders for paving, et cetera, yards and cellars; notice. An
order for the paving, filling, concreting, draining or regulating of any
yards or cellars within the city shall be made by the department only
upon reasonable notice to the owner or agent thereof.
Section 17-121
§ 17-121 Care and treatment of physically handicapped children. a. As
used in this section, the following terms shall mean or include:
1. "Physically handicapped child." A person under twenty-one years of
age who, by reason of a physical defect or infirmity, whether congenital
or acquired by accident, injury or disease, is or may be expected to be
totally or partially incapacitated for education or for remunerative
occupation.
2. "Legally responsible relatives." The parent or parents of a
physically handicapped child or any other person or persons liable under
the law for the support of such child.
3. "Legal custodian." The parent or parents of a physically
handicapped child having lawful custody of such child, or any other
person or persons having lawful custody of such child.
b. Whenever the commissioner shall find, after investigation, that any
physically handicapped child is in need of surgical, medical or
therapeutic treatment or hospital care or appliances or devices, the
commissioner, upon the request or with the consent of the legal
custodian of such child, may order such surgical, medical or therapeutic
treatment, hospital care or appliances or devices, and after
investigation as provided in subdivision c hereof, may order the legally
responsible relatives to pay the cost thereof.
c. The commissioner shall investigate the financial responsibility of
the legally responsible relatives of such physically handicapped child.
If the commissioner shall find, after such investigation, that the
legally responsible relatives of such child are able to pay the whole or
any part of the cost of such treatment, care or appliances and devices,
and if such legally responsible relatives shall fail or refuse to comply
with an order of the commissioner requiring them to pay the whole or any
part of such cost, he or she may institute a proceeding in the family
court of the state of New York within the city of New York, pursuant to
the provisions of sections two hundred thirty-two through two hundred
thirty-five of the family court act. Such a proceeding may likewise be
instituted in the absence of an order requiring payment, where ability
to pay is found.
Section 17-122
§ 17-122 Judicial notice of seal and presumptions. All courts shall
take judicial notice of the seal of the department and of the signature
of its secretary, chief clerk and assistant chief clerks.
Section 17-123.
§ 17-123. Window guards; notification to tenants.
a. All leases offered to tenants in multiple dwellings must contain a
notice, conspicuously set forth therein, which advises tenants of the
obligation of the owner, lessee, agent or other person who manages or
controls a multiple dwelling to install window guards, and where further
information regarding the procurement of such window guards is
available.
b. The owner, lessee, agent or other person who manages or controls a
multiple dwelling must cause to be delivered to each residential unit a
notice advising occupants of the obligation of such owner, lessee, agent
or other person who manages or controls a multiple dwelling to install
window guards and where further information regarding the procurement of
such window guards is available. Such notice must be provided on an
annual basis in a form and manner approved by the department.
c. The department of health and mental hygiene shall promulgate such
regulations as it deems necessary to comply with the provisions of this
section, with respect to the annual notice to tenants, and the notice
requirement in all multiple dwelling leases.
d. Any person who violates the provisions of this section, or the
regulations promulgated hereunder, shall be guilty of a misdemeanor
punishable by a fine of up to five hundred dollars or imprisonment for
up to six months or both. In addition, any violation of this section
shall constitute a civil violation subject to a penalty of not more than
five hundred dollars per violation. A civil violation under this section
shall be adjudicated before the administrative tribunal of the
department.
Section 17-124
§ 17-124 Aliens. The commissioner may send to such place as he or she
may direct, all aliens and other persons in the city, not residents
thereof, who shall be sick of any communicable disease. The expense of
the support of such aliens or other persons shall be defrayed by the
city, unless such aliens or other persons shall be entitled to support
from the commissioner of immigration and naturalization of the United
States.
Section 17-127
§ 17-127 Oxygen in courthouses. There shall be placed at least two
resuscitation devices in every courthouse in the city which shall be
maintained in a conventionally available and safe place. The
commissioner of citywide administrative services shall promulgate such
rules and regulations as may be necessary for the training of department
of citywide administrative services personnel in the operation and use
of same and at the end of their course they shall receive a
certification from the department.
Section 17-128
§ 17-128 The department as party. The department may institute and
maintain all suits and proceedings which are reasonable, necessary and
proper, to carry out the provisions of the laws under which it acts.
Section 17-129
§ 17-129 Proceedings presumed legal; presumptions. a. The actions,
proceedings, authority, and orders of the department shall at all times
be regarded as in their nature judicial, and be treated as prima facie
just and legal.
b. In any action or proceeding the right of such department or police
department to make any order or cause the execution thereof, shall be
presumed.
c. All meetings of the board shall in every action and proceeding be
taken to have been duly called and regularly held, and all orders and
proceedings to have been duly authorized, unless the contrary be proved.
Section 17-130
§ 17-130 Copies of records; authentication. Copies of the records of
the proceedings of the department or board, of the rules, regulations,
by-laws and books and papers, constituting part of their archives and at
any time in force in the city, when authenticated by the secretary or
secretary pro tempore of the department, shall be presumptive evidence
of the facts, statements and recitals therein contained, and the
authentication taken as presumptively correct, in any court of justice
or judicial proceeding, when they may be relevant to the point or matter
in controversy.
Section 17-131
§ 17-131 Order for examination before justice of supreme court. a. Any
justice of the supreme court of the first or second department, or who
is holding court or chambers therein, upon the written application of
the commissioner, may issue his or her order by him or her subscribed,
for the examination without unreasonable delay by or before such justice
of any person or persons, and the production of books or papers or the
inspection and taking of copies of the whole or parts thereof, at a time
and place within the city, and in such order to be named, provided it
shall appear to the satisfaction of such justice or court that any
matter or point affecting life or health is involved. It shall be the
duty of such justice to take or superintend such examination, which
shall be under oath, and shall be signed by the party or parties
examined and be certified by the justice, and with any copies of books
or papers, to be delivered to the department for the use of the
department.
b. Such examination, and any proceeding connected therewith, or under
such order, may wholly or in part be had, conducted or continued by or
before any other of such justices, as well as that one who made the
order; and in and about the same, every such justice shall have as full
power and authority to punish for contempt, and enforce obedience to
such or other order or direction or that of any other judge respecting
the matter as any such justice of the supreme court may now have, or
shall possess, to enforce obedience or punish contempt in any case or
matter whatsoever. Such application shall name or describe the person or
persons whose examination is sought, and so far as possible the books or
papers desired to be inspected, and the matter or points affecting life
or health as to which the commissioner requests the examination to take
place, and the justice shall on the proceedings, decide what questions
are pertinent and allowable in respect thereto, and shall require the
same to be properly answered; but no answer of any person so examined
shall be used in any criminal proceeding. Service of any order of any
such justice may be made, and the same proved in the same manner as the
service of either an injunction or a subpoena. And it shall be the duty
of the justice to facilitate the early determination of the proceedings.
Section 17-132
§ 17-132 Appearance and examination of witnesses. Upon the application
of any party in interest in any matter pending examination before the
department, by affidavit, stating the grounds of such application, to
any judge of a court of record, and asking that any person or persons
therein named shall appear before the department, or any person taking
or about to take such examination, at some time or times and place to be
stated in the affidavit, it shall be the duty of such judge, if he or
she shall discover reasonable cause so to do, to issue his or her order
requiring such person or persons named to appear and submit to such
examination as, and to the extent such order may state, at the time and
place to be in the order named; and the order, signed by such judge, may
be served, and shall in all respects be obeyed as a subpoena duly
issued. A refusal to submit to the proper examination may be punished by
such judge or by any judge of such court as a contempt of court, upon
the facts as to such refusal being brought before any such judge by
affidavit.
Section 17-133
§ 17-133 Penalties. Every person, corporation, or body that shall
violate or not conform to any provisions of the health code of the city
of New York, or any rule or sanitary regulation duly made, shall be
liable to pay a penalty not exceeding the maximum amount allowed by the
health code of the city of New York, or any other applicable law, rule
or regulation. The judge, justice, administrative law judge or hearing
examiner who presided at a trial or hearing where such penalty is
determined and assessed shall fix, in writing, the amount of the penalty
to be recovered, and shall direct that such amount be included in the
judgment or decision.
Section 17-133.1
§ 17-133.1 Failure to abate rodents; penalties. Every person,
corporation, or body that shall violate or not conform to any provisions
of the health code of the city of New York or any applicable law, rule
or regulation pertaining to the eradication of rodents, the elimination
of rodent harborages or other rodent related nuisances shall be liable
to pay a civil penalty of not less than three hundred dollars for the
first violation. The penalty for each subsequent violation of the same
provision of law, rule or regulation, at the same premises and under the
same ownership or control, within a two-year period, shall be double the
amount of the previous violation; provided, however, that such penalty
shall not exceed the maximum allowable penalty set forth in section
17-133 of this code. Such penalties may be sued for and recovered by and
in the name of the department, with costs, before any judge, justice,
administrative law judge or hearing examiner in the city having
jurisdiction of such or similar actions. The judge, justice,
administrative law judge or hearing examiner who presided at a trial or
hearing where such penalty is determined and assessed shall fix, in
writing, the amount of the penalty to be recovered, and shall direct
that such amount be included in the judgment or decision.
Section 17-134
§ 17-134 Joinder of defendants. Any suit instituted by the department
for the recovery of a penalty may be against one or more of those who
participate in the acts, refusals or omissions complained of, and the
recovery may be against one or more of those joined in the action as the
justice of the court shall direct.
Section 17-135
§ 17-135 Court fees not to be charged. The department shall not be
subject to the payment of any fees to any court, magistrate or clerk for
the issuance of any paper or process or for the performance of any duty
in suits brought for the recovery of a penalty.
Section 17-136
§ 17-136 Costs. a. If the department, in an action for a penalty,
recover judgment in any amount, costs of the court in which the action
is brought shall also be recovered without reference to the amount of
the recovery, provided payment was demanded before suit brought, and the
defendant or defendants against whom recovery is had, did not, as
article thirty-two of the civil practice law and rules authorizes, offer
to pay an amount equal to the recovery against him or them, except that
where the recovery shall be less than fifty dollars, the amount of costs
shall be ten dollars.
b. The department shall not be subject to the payment of costs unless
the judge or justice, at the conclusion of the trial, shall certify in
writing that there was not reasonable cause for bringing the action. In
such case the costs shall not exceed ten dollars, unless the amount
claimed exceeded fifty dollars.
Section 17-137
§ 17-137 Jurisdiction; title to real estate. If the defendant is
sought by the pleadings to be charged in an action for the recovery of a
penalty on any grounds other than by virtue of ownership of real estate,
no court shall lose jurisdiction by reason of the plea that title to
such real estate is involved.
Section 17-138
§ 17-138 Officers to be peace officers. Every officer and inspector of
the department is hereby declared to be a peace officer, pursuant to
section 2.10 of the criminal procedure law, and is hereby authorized and
empowered, subject to the regulations of the department, to proceed in
the same manner and with like force and effect as a police officer in
respect to procuring, countersigning and serving the summons referred to
therein.
Section 17-139
§ 17-139 Injunctions against department; undertakings. a. A
preliminary injunction shall be granted against the department or its
officers, only by the supreme court at a special term thereof after
service of at least five days notice of a motion for such injunction,
together with copies of the papers on which the motion for such
injunction is to be made.
b. Whenever the department shall seek any provisional remedy or
prosecute any appeal, it shall be unnecessary to give any undertaking
before obtaining or prosecuting the same.
Section 17-140
§ 17-140 Officers and judges to act promptly. It shall be the duty of
all prosecuting officers of criminal courts, and judges of the New York
city criminal court to act promptly upon all complaints, and in all
suits or proceedings for a violation of any health law, and in all
proceedings approved or promoted by the department, and to bring the
same to a speedy hearing and termination and to render judgment and
direct execution therein without delay.
Section 17-141
§ 17-141 Service of orders. a. Service of any order of the department
or board shall be deemed sufficient if made:
1. Upon a principal person interested in the business, property,
matter or thing, or the nuisance or abuse to which such order relates;
or
2. Upon a principal officer charged with a duty in relation thereto;
or
3. Upon a person, officer or deparment, or an officer or employee of
such a department, who may be most interested in or affected by its
execution.
b. If such order relate to any building or the drainage, sewerage,
cleaning, purification or ventilation thereof, or of any lot or ground
on or in which such building stands, used for or intended to be rented
as the residence or lodging place of several persons or as a multiple
dwelling, service of such order on the agent of any person or persons
for the renting or for the collecting of rent thereof, or of the parts
thereof to which such order may relate, shall be of the same effect and
validity as due service made upon the principal of such agent or upon
the owners, lessees, tenants or occupants of such buildings, or parts
thereof, or of the subject matter to which such order relates.
Section 17-142
§ 17-142 Definition of nuisance. The word "nuisance", shall be held to
embrace public nuisance, as known at common law or in equity
jurisprudence; whatever is dangerous to human life or detrimental to
health; whatever building or erection, or part or cellar thereof, is
overcrowded with occupants, or is not provided with adequate ingress and
egress to and from the same or the apartments thereof, or is not
sufficiently supported, ventilated, sewered, drained, cleaned or lighted
in reference to its intended or actual use; and whatever renders the air
or human food or drink, unwholesome. All such nuisances are hereby
declared illegal.
Section 17-143
§ 17-143 Nuisances; punishment. A wilful omission or refusal of any
individual, corporation or body to forthwith abate any nuisance, as
ordered by the department or board, such order having been duly served
upon them, shall be a misdemeanor.
Section 17-144
§ 17-144 Nuisances; who is liable. It is hereby declared to be the
duty, of which there shall be a joint and several liability, of every
owner, part owner, person interested, and every lessee, tenant, and
occupant, of, or in, any place, water, ground, room, stall, apartment,
building, erection, vessel, vehicle, matter and thing in the city, and
of every person conducting or interested in business therein or thereat,
and of every person who has undertaken to clean any place, ground or
street therein, and of every person, public officer and board having
charge of any ground, place, building or erection therein, to keep,
place and preserve the same and every part, and the sewerage, drainage
and ventilation thereof in such condition, and to conduct the same in
such manner that it shall not be dangerous or prejudicial to life or
health, subject to the health code and orders of the department.
Section 17-145
§ 17-145 Dangerous buildings, places and things; declaration as
nuisance. Whenever any building, erection, excavation, premises,
business pursuit, matter or thing, or the sewerage, drainage or
ventilation thereof, in the city, in the opinion of the board, whether
as a whole or in any particular, shall be in a condition or in effect
dangerous to life or health, and whenever there shall be growing on any
property any ragweed or other species of weed, plant or growth which is
noxious or detrimental to the public health, or the seed, pollen or
other emanation whereof, when carried through the air or otherwise
dispersed, is noxious or detrimental to the public health, the board may
take and file among its records what it shall regard as sufficient proof
to authorize its declaration that the same, to the extent it may
specify, is a public nuisance, or dangerous to life or health; and may
thereupon enter the same in its records as a nuisance, and order the
same to be removed, abated, suspended, altered, or otherwise improved or
purified, as such order shall specify. The borough presidents and the
commissioner of transportation are authorized to furnish the department
with information in writing as to properties and locations where such
noxious weeds and growths may be found.
Section 17-146
§ 17-146 Stay of execution; modification. If any party, within three
days after service or attempted service of such order upon him or her
and before its execution is commenced, shall apply to the board, or the
chairperson thereof, to have such order or its execution stayed or
modified, it shall then be the duty of the board to temporarily suspend
or modify it at the execution thereof, save in cases of imminent peril
to the public health, when the board may exercise extraordinary powers,
as specified in section five hundred sixty-three of the charter and to
give such party or parties together, as the case in the opinion of such
board may require, a reasonable and fair opportunity to be heard before
it and to present facts and proofs, according to its rules and
directions, against such declaration and the execution of such order, or
in favor of its modification, according to the regulation of the board.
Such board shall enter in its minutes such facts and proofs as it may
receive and its proceedings on such hearing, and any other proof it may
take; and thereafter may rescind, modify or reaffirm its declaration and
order, and require execution of the original, or of a new or modified
order to be made in such form and effect as it may finally determine.
Section 17-147
§ 17-147 Execution. If such order is not complied with, or so far
complied with as the board may regard as reasonable, within five days
after service or attempted service or within any shorter time, which, in
case of imminent peril to the public health, the board may have
designated, or is not thereafter speedily and fully executed, then such
order may be executed as any of the orders of the board or department.
Any agency of the city is authorized to act as agent of the department
in executing such order. In the event that any agency shall so act, it
shall certify and transmit to the department its expenses in the
execution of such order separately in respect of each separately owned
parcel of property. Such expenses shall be reimbursed to such agency and
shall be chargeable and collectible as expenses of the department in
connection with the execution of an order as referred to in this
chapter.
Section 17-148
§ 17-148 Substituted service; posting; service by publication. a. If
personal service of any such order cannot be made by reason of absence
from the district, or inability to find one or more of the owners,
occupants, lessees or tenants of the subject matter to which such order
relates, or one or more of the persons whose duty it was to have done
what is therein required to be done, as the case may render just and
proper in the opinion of the board, to be shown by the official
certificates of the officer having such order to serve, then service may
be made through the mail, or by copy left at the residence or place of
business of the person sought to be served, with a person of suitable
age and discretion.
b. In any case where personal service of any such order cannot be made
for the reasons stated in subdivision a of this section and service
cannot be made as provided in such subdivision through the mail or by
leaving a copy with a person of suitable age and discretion, because of
inability to obtain the name or address of the person sought to be
served, and such inability to effect service is shown by the official
certificate of the officer having such order to serve, service may be
made by conspicuously posting a copy of such order upon the property to
which it relates. The posting of such order shall be sufficient notice
of such order and of the nuisance therein mentioned to all persons
having any duty or liability in relation thereto under the provisions of
this chapter.
c. Whenever the board shall have declared any condition, matter or
thing to be a nuisance, including ragweed or any other species of weed,
plant or growth, and has entered the same in its records as a nuisance,
the board may also take and file among its records what it shall regard
as sufficient proof to authorize a declaration that such nuisance is
widespread throughout the city or in any area thereof, and that personal
service or service pursuant to subdivision a or b of this section of an
order or orders requiring the abatement, removal or correction of such
nuisance would result in delay prejudicial to the public health, welfare
or safety, and upon the filing of such proof and the making of such
declaration, the board may order that such nuisance be removed, abated
or corrected, as prescribed by the board, by an order addressed
generally, without specification of names or addresses, to all persons
who, pursuant to the provisions of this chapter, have any duty or
liability in relation to any such nuisance which may exist upon or in
any real or personal property or place located within the area or areas
specified in such order. Such order may be served by publishing the same
for a period of not less than three days in the City Record and in a
newspaper circulated in the area or areas mentioned in such order.
Service of such order shall be complete at the expiration of the third
day of such publication and such publication shall be sufficient notice
of such order and of the nuisance therein mentioned to all persons
having any duty or liability in relation thereto under the provisions of
this chapter.
Section 17-149
§ 17-149 On what expenses to be a lien. The expenses attending the
execution of any and all orders duly made by the department shall
respectively be a several and joint personal charge against each of the
owners or part owners and each of the lessees and occupants of the
building, business, place, property, matter or thing to which such order
relates, and in respect to which such expenses were incurred; and also
against every person or body who was by law or contract bound to do that
in regard to such business, place, street, property, matter or thing
which such order requires. Such expenses shall also be a lien on all
rent and compensation due, or to grow due, for the use of any place,
room, building, premises, matter or thing to which such order relates,
and in respect of which such expenses were incurred, and also a lien on
all compensation due, or to grow due, for the cleaning of any street,
place, ground, or thing, or for the cleaning, or removal, of any matter,
thing, or place, the failure to do which by the party bound so to do, or
doing of the same in whole or in part by order of such department, was
the cause or occasion of any such order or expense.
Section 17-150
§ 17-150 Suits for expenses. The department, in case it has incurred
any expense, or has rendered service for which payment is due, and as
the rules of the department may provide, may institute and maintain a
suit against any one liable for such expenses, or against any person,
firm, or corporation, owing or who may owe such rent or compensation,
and may recover the expenses so incurred under any such order. One or
more of such parties liable or interested may be made parties to such
action as the department may elect; but the parties made responsible
herein for such expenses shall be liable to contribute or to make
payment as between themselves, in respect of such expenses, and of any
sum recovered for such expenses or compensation, or by any party paid on
account thereof, according to the legal or equitable obligation existing
between them.
Section 17-151
§ 17-151 Lien on premises. a. There shall be filed in the office of
the department a record of all work caused to be performed by or on
behalf of the department in executing any order of the board or
department. Such records shall be kept on a building by building basis
and shall be accessible to the public during business hours. Within
thirty days after the issuance of a purchase or work order to cause such
work to be done, entry of such order shall be made on the records of the
department. Such entry shall constitute notice to all parties.
b. All expenses incurred by or on behalf of the department for such
work, pursuant to this title or any other applicable provision of law,
shall constitute a lien upon the land and buildings upon or in respect
to which, or either of which, the work required by such order has been
done, or expenses incurred, when the amount thereof shall have been
definitely computed as a statement of account by the department and the
department shall cause to be filed in the office of the city collector
an entry of the account stated in the book in which such charges against
the premises are to be entered. Such lien shall have a priority over all
other liens and encumbrances except for the lien of taxes and
assessments. However, no lien created pursuant to this title shall be
enforced against a subsequent purchaser in good faith or mortgagee in
good faith unless the requirements of subdivision a of this section are
satisfied; this limitation shall only apply to transactions occurring
after the date such record should have been entered pursuant to
subdivision a and before the date such entry was made.
c. A notice thereof, stating the amount due and the nature of the
charge, shall be mailed by the city collector, within five days after
such entry, to the last known address of the person whose name appears
on the records in the office of the city collector as being the owner or
agent or as the person designated by the owner to receive tax bills or,
where no name appears, to the premises, addressed to either the owner or
the agent.
d. If such charge is not paid within thirty days from the date of
entry, it shall be the duty of the city collector to receive interest
thereon at the rate of interest applicable to such property for a
delinquent tax on real property, to be calculated to the date of payment
from the date of entry.
e. Such charge and the interest thereon shall continue to be, until
paid, a lien on the premises. Such lien shall be a tax lien within the
meaning of sections 11-319 and 11-401 of the code and may be sold,
enforced or foreclosed in the manner provided in chapters three and four
of title eleven of the code or may be satisfied in accordance with the
provisions of section thirteen hundred fifty-four of the real property
actions and proceedings law.
f. Such notice mailed by the city collector pursuant to this section
shall have stamped or printed thereon a reference to this section of the
code.
Section 17-152
§ 17-152 Validity of lien; grounds for challenge. a. In any
proceedings to enforce or discharge the lien, the validity of the lien
shall not be subject to challenge based on:
(1) The lawfulness of the work done; or
(2) The propriety and accuracy of the items of expenses for which a
lien is claimed, except as provided in this section.
b. No such challenge may be made except by (1) the owner of the
property, or (2) a mortgagee or lienor whose mortgage or lien would, but
for the provision of section 17-151, have priority over the department's
lien.
c. With respect to any issue specified in subdivision a of this
section the certificate of the department filed pursuant to section
17-153 shall be presumptive evidence of the facts stated therein.
Section 17-153
§ 17-153 Statement of expenses of executing orders. a. When the
department shall have executed, or so far executed as the department may
require, any order, a certificate setting forth the expenses of such
execution, itemized generally, and the date thereof shall be filed among
the records of the department with the order so executed; and the
department shall take care by, or through some proper officer, or
otherwise, that the expenses of such execution be so stated with
fairness and accuracy.
b. When it shall appear that such execution or the expenses thereof,
related to several lots or buildings belonging to different persons,
such certificate shall state what belongs to, or arose in respect to
each lot of such several lots or buildings, as the department or its
authorized officer may direct; and the department may revise the
correctness of such apportionment of expenses as truth and justice may
require.
c. Whenever the expenses attending the execution of any order of the
department may be made the subject of a suit by it, there may be joined
in the same suit a claim or claims for any penalty or penalties for
violation of any health provisions, or for the violation or omission to
perform or obey such order, or any prior order of the department, or for
the not doing of that, or any portion of that, for the doing of which
such expenses arose or were incurred; and the proper joint or several
judgment may be had against one or more of the defendants in the suit,
as they or either of them may be liable in respect of both such claims,
or either or any of them.
Section 17-154
§ 17-154 Service of order or judgment. The department may serve a copy
of the order under or by reason of which such expenses were authorized
or incurred with a copy of the affidavit stating the expenses of the
execution of such order, or if the claim be a judgment, may serve a
transcript of such judgment, and an affidavit showing the expense of its
execution if there be any, upon any person or corporation, owing, or who
is about to owe any such compensation, or owing or about to owe any rent
or compensation for the use or occupation of any grounds, premises or
buildings or any part thereof, to which such order or judgment relates,
and in respect of which such expenses embraced in such judgment related
or were incurred, and may, at the time of such service, demand in
writing that such rent, or any such compensation to the extent of such
claim for such expenses, or for any such judgment or expenses in
executing the same, when such rent or compensation becomes due and
payable, be paid to the department.
Section 17-155
§ 17-155 Payments to department. After the service of such papers and
such demand, any tenant, lessee, occupant, or other person owing, or
about to owe, any such rent or any such compensation when it shall
mature, or become payable, shall pay the same, and from time to time pay
any other amount thereof, as the same may become due and payable, or so
much thereof as is sufficient to satisfy any such judgment or claim for
expenses, or both, so served, to the department, and a receipt shall be
given therefor, stating on account of what order or judgment and
expenses the same has been paid and received; and the amount so received
shall be deposited where other funds of the department are kept, to the
special account of the department.
Section 17-156
§ 17-156 Refusal to pay department. Any person or corporation refusing
or omitting to make such payment to the department after service of such
paper and demand, shall be personally liable to the department for the
amount that should have been paid to it, and may by the department be
sued therefor; and such persons shall not in such suit dispute or call
in question the authority of the department to incur, or order such
expense or the validity or correctness of such expenses of judgment in
any particular, or the right of the department to have the same paid
from such rent or compensation.
Section 17-157
§ 17-157 Payment to department; effect. The receipt of the department
for any sum so paid, in all suits and proceedings, and for every
purpose, shall be as effectual in favor of any person holding the same
as actual payment of the amount thereof to the proper landlord, lessor,
owner, or other person or persons who would, except for the provisions
of section 17-155 of this title, and of such demand, have been entitled
to receive the sum so paid. No tenant or occupant of any lot, building
or premises, shall be dispossessed or disturbed, nor shall any lease or
contract, or rights, be forfeited or impaired, nor any forfeiture or
liability be incurred by reason of any omission to pay to any landlord,
owner, lessor, contractor, party, or other person, the sum so paid to
the department, or any part thereof.
Section 17-158
§ 17-158 Department to retain moneys until twelve days after notice.
The department shall retain money so paid until twelve days after it
shall be made to appear to it or some proper officer thereof, by
satisfactory affidavit, that the party or parties, or his, her or their
agent for the collection of any such rent or compensation, who, but for
the provisions hereof would have been entitled to receive the same, has
had written notice of such payment being made; and if at the end of such
twelve days such party or parties, so notified, have not instituted suit
to recover such money, then it shall, by the department be paid to the
commissioner of finance.
Section 17-159
§ 17-159 Infected and uninhabitable houses; vacation orders. Whenever
it shall be certified to the department by an officer or inspector of
the department that any building or any part thereof in the city is
infected with communicable disease, or by reason of want of repair has
become dangerous to life or is unfit for human habitation because of
defects in drainage, plumbing, ventilation, or the construction of the
same, or because of the existence of a nuisance on the premises which is
likely to cause sickness among its occupants, the department may issue
an order requiring all persons therein to vacate such building or part
thereof for the reasons to be stated therein. The department shall cause
such order to be affixed conspicuously in such building or part thereof
and to be personally served on the owner, lessee, agent, occupant, or
any person having the charge or care thereof. If the owner, lessee or
agent can not be found in the city or does not reside therein, or evades
or resists service, then such order may be served by depositing a copy
thereof in the post-office in the city, properly enclosed and addressed
to such owner, lessee or agent, at his or her last known place of
business and residence, and prepaying the postage thereon; such building
or part thereof within ten days after such order shall have been so
posted and mailed, or within such shorter time, not less than
twenty-four hours, as in such order may be specified, shall be vacated,
but the department whenever it shall become satisfied that the danger
from such building or part thereof has ceased to exist, or that such
building has been repaired so as to be habitable, may revoke such order.
Section 17-160
§ 17-160 Proceedings for condemnation. Whenever any building or part
thereof in the city, in the opinion of the department, by reason of:
1. Age, or
2. Defects in drainage, plumbing or ventilation, or
3. Infection with communicable disease, or
4. The existence of a nuisance on the premises, which is likely to
cause sickness among its occupants, or among the occupants of other
property in such city, or
5. Its stopping ventilation in other buildings, or otherwise making or
conducing to make them unfit for human habitation, or dangerous or
injurious to health, or
6. Its preventing proper measures from being taken for remedying any
nuisance injurious to health, or
7. Other sanitary evils in respect of such other buildings, is so
unfit for human habitation that the evils in, or caused by such
building, can not be remedied by repairs or otherwise except by the
destruction of such building or a portion thereof, the department having
first made an order to vacate such building, if it deem such course just
and proper, may condemn the same and order it removed. The department
may institute proceedings in the supreme court in the city for the
condemnation of such building, provided, however, that the owner or
owners of such building may demand that it be surveyed in the manner
provided for in case of unsafe buildings.
Section 17-161
§ 17-161 Institution of proceedings. Such proceeding shall be
instituted through a petition addressed to such court containing a brief
statement of the reasons therefor, and shall not be required to contain
further allegations of facts than those which have actuated the
department in this proceeding, which shall then be carried on in the
manner prescribed for a capital project proceeding by subchapter one of
chapter three of title five of the code. The owner of such building or
any person interested therein may in his or her answer dispute the
necessity of the destruction of such building or part thereof, as the
case may be. In such case, the court shall not take steps to ascertain
the value of the property unless proof is made of the necessity of such
destruction.
Section 17-162
§ 17-162 Admissible evidence. In such proceeding, evidence shall be
receivable by the court without a jury to prove:
1. That the rental of the building was enhanced by reason of the same
being used for illegal purposes, or being so overcrowded as to be
dangerous or injurious to the health of the inmates; or
2. That the building is in a state of defective sanitation, or is not
in reasonably good repair; or
3. That the building is unfit, and not reasonably capable of being
made fit, for human habitation.
Section 17-163
§ 17-163 Amount of compensation. If the court is satisfied by such
evidence, then the compensation:
1. Shall in the first case, so far as it is based on rental, be on the
rental of the building, as distinct from the ground rent, which would
have been obtainable if the building was occupied for legal purposes,
and only by the number of persons whom the building, under all
circumstances of the case, was fitted to accommodate without such
overcrowding as is dangerous or injurious to the health of the inmates;
and
2. Shall in the second case be the amount estimated as the value of
the building if it had been put into a sanitary condition, or into
reasonably good repair, after deducting the estimated expense of putting
it into such condition or repair; and
3. Shall in the third case be the value of the materials of the
building.
Section 17-164
§ 17-164 Inspection reports; publication. The department may make and
publish a report of the sanitary condition and the result of the
inspection of any place, matter or thing in the city, so far as, in the
opinion of the department, such publication may be useful.
Section 17-165
§ 17-165 Inspection and removal of articles. a. An officer or employee
of the department shall visit and inspect all stores and places within
the city which are suspected of containing putrid or unsound provisions
or other articles unfit for human consumption or use or likely to
communicate disease to the inhabitants, and make and sign a report in
writing stating the stores, places and articles so inspected and the
nature, state and situation thereof and such officer's or employee's
opinion in relation thereto. Such report shall be filed in an office of
the department.
b. The department may by order direct the removal, to a place to be
designated by it, of all things within the city which, in its opinion
are unfit for human consumption or use or which shall be infected in any
manner likely to communicate disease to the inhabitants.
c. Failure to comply with the provisions of this section shall
constitute a misdemeanor, punishable by a fine of not exceeding two
hundred fifty dollars, or imprisonment not exceeding six months, or
both.
Section 17-166
§ 17-166 Record of births, fetal deaths and deaths. a. The department
shall keep a record of the births, fetal deaths and deaths filed with
it, the births, fetal deaths and deaths shall be numbered separately and
recorded in the order in which they are respectively received.
b. There shall be no specific statement on the record or report of
birth as to whether the child is born in or out of wedlock or as to the
marital name or status of the mother.
c. It shall be unlawful to demand or receive any fees by reason of the
duties imposed by this section.
d. The name of the putative father of a child born out of wedlock
shall not be entered on the birth certificate by the person preparing
the birth certificate without the putative father's consent in writing,
duly verified by him and given to the physician, midwife or person
acting as midwife who was in attendance upon the birth and filed with
the hospital record of the birth, or, in the case of a birth in a place
other than a hospital or on an ambulance service connected therewith,
filed with the records of the physician, midwife or person acting as
midwife who was in attendance upon the birth. In the event the consent
in writing of the putative father is not given, particulars relating to
the putative father, other than his name, may be entered.
e. The certificate of induced termination of pregnancy shall not,
unless requested by the woman contain the name of the woman, her social
security number or any other information which would permit her to be
identified except as provided in this subdivision. The department shall
develop a unique, confidential identifier to be used on the certificate
of induced termination of pregnancy, to be used in connection with the
exercise of the commissioner's authority to monitor the quality of care
provided by any individual or entity licensed to perform an abortion in
this state and to permit coordination of data concerning the medical
history of the woman for purposes of conducting surveillance scientific
studies and research.
Section 17-167
§ 17-167 Supplemental birth records. a. A new birth record shall be
made whenever:
1. Proof is submitted to the department that the previously unwed
parents of a person have intermarried subsequent to the birth of such
person;
2. Notification is received by the department from the clerk of a
court of competent jurisdiction or proof is submitted of a judgment,
order or decree relating to the parentage of the person;
3. Notification is received by the department from the clerk of a
court of competent jurisdiction or proof is submitted of a judgment,
order or decree relating to the adoption of the person.
b. On every birth record made because of adoption, a notation that it
is filed pursuant to paragraph three of subdivision a of this section of
the code shall be entered.
c. When a new birth record is made the department shall substitute
such new record for the birth record then on file. The department shall
place the original birth record and the proof, notification and papers
pertaining to the new birth record under seal. Seals shall not be broken
except by order of a court of competent jurisdiction. Thereafter when a
certified copy of the certificate of birth of such a person is issued,
it shall be a copy of the new certificate of birth, except when an order
of a court of competent jurisdiction shall require the issuance of a
copy of the original certificate of birth and provided further however,
that information contained in the original certificate of birth shall be
divulged to the state commissioner of health pursuant to section
forty-one hundred thirty-eight-c or forty-one hundred thirty-eight-d of
the public health law.
Section 17-168
§ 17-168 Certificate of registration of birth. Within ten days after
the receipt of the report of any birth, the department shall furnish,
without charge, to the parents or guardian of the child or to the mother
at the address designated by her for the purpose, a certificate of
registration of birth. Such certificate of registration shall be issued
on forms furnished by the department.
Section 17-169
§ 17-169 Certified copies of records of birth, fetal death, and death;
certificates of birth. a. Upon request the department shall issue a
certified copy of the birth record or a certification of birth under the
following conditions:
1. A certified copy of the record of birth shall be issued only upon
order of a court of competent jurisdiction or upon a specific request
therefor by the person, if eighteen years of age or more, or by a parent
or to the legal representative of the person to whom the record of birth
relates or by an attorney of law authorized in writing by the person if
of the age of eighteen years or over to whom the record of birth
relates. The department may issue a certified copy of a birth record for
official use upon the request of a department, agency, or officer of any
state government or subdivision thereof or the United States government.
2. Upon request in all other cases, a certification of birth shall be
issued by the department unless it does not appear to be necessary or
required for a proper purpose. A certification of birth shall contain
only the name, sex, date of birth and place of birth and date of filing
in the department of the original certificate of birth of the person to
whom it relates, and if upon request by, or on behalf of the person to
whom it relates, or by a parent or legal representative of such person,
the name or names of the parent or parents listed on the original
certificate of birth, and none of the other data on the record of birth.
Whenever a certification of birth may be issued, the department may,
upon request, issue a wallet-size certification of birth, in a form and
bearing a design provided by the department. Each applicant for a
wallet-size certification of birth shall remit to the department with
such application, a fee determined by the department.
b. A transcript of a record of fetal death, or death, upon such forms
as the department shall prescribe, shall be issued upon request unless
it does not appear to be necessary or required for a proper purpose. The
board may prescribe reasonable fees for searches made of records of
birth, fetal death, or death, and the usual fees for copies of records
to be paid for certifications of birth and for transcripts of records of
birth, fetal death, or death, and in what cases the payment of fees may
be waived.
c. The United States department of health and human services may
obtain, without expense to the city, transcripts of records of birth,
fetal deaths and deaths without payment of fees here prescribed for use
solely as statistical data. Any copy of the record of a birth, fetal
death, or death, or any certificate of registration of birth, or
certification of birth, when properly certified by the commissioner or
persons authorized to act for such commissioner, shall be prima facie
evidence of the facts therein stated, in all courts, and places, and in
all actions, proceedings or applications, judicial, administrative or
otherwise, and any such certificate of registration of birth or
certification of birth shall be accepted with the same force and effect
with respect to the facts therein stated as the original birth record or
a certified copy thereof.
d. Notwithstanding any other provision of law, any person born in the
city of New York being released from a New York state correctional
facility shall, prior to release, be provided by the department, at no
cost to such person, a certified copy of his or her birth certificate to
be used for any lawful purpose; provided that such person has requested
a copy of his or her birth certificate at least ninety days prior to his
or her release, from the (a) department, or (b) New York state
department of correctional services and the New York state department of
correctional services has submitted such request to the department. No
person shall receive more than one birth certificate without charge
pursuant to this subdivision.
Section 17-170
§ 17-170 Records of births, deaths and marriages on file with the
department and the clerk of the county of Kings; transfer to the
department of general services; certification. a. The department and the
clerk of the county of Kings are authorized to transfer to and the
department of general services is authorized to receive all original
records of births, deaths and marriages filed prior to the year eighteen
hundred sixty-six with the department or the office of the city
inspector or any such records transferred to the clerk of the county of
Kings together with the indexes to such records and the department of
general services shall file and maintain such records as public records.
b. Original records of births, deaths, and fetal deaths filed with the
department or the office of the city inspector subsequent to the year
eighteen hundred sixty-five and the indexes to such records shall be
transferred by the department to the department of records and
information services at such times as the board of health shall
determine; said records shall be filed and maintained by the department
of records and information services as public records.
c. Upon the transfer of such records the commissioner of the
department of records and information services shall have the authority
to issue upon request certified copies of or extracts from such records.
Section 17-171
§ 17-171 Records of marriages on file with the department of health
and mental hygiene; transfer to the city clerk; certification. a. The
department is authorized to transfer to and the city clerk of the city
of New York is authorized to receive and maintain all original records
of marriages filed with the department or the office of the city
inspector subsequent to the year eighteen hundred sixty-six together
with the indexes to such records.
b. Upon the transfer of such records the city clerk of the city of New
York shall have the authority to issue upon request certified copies of
or extracts from such records.
c. Any copy or extract of the record of marriage, when properly
certified by the city clerk or his or her deputy duly authorized to act
for such city clerk, shall be prima facie evidence of the facts therein
stated, in all courts, and places, and in all actions, proceedings or
applications, judicial, administrative or otherwise, and any such
certificate of marriage shall be accepted with the same force and effect
with respect to the facts therein stated as the original marriage record
or a certified copy thereof.
Section 17-172
§ 17-172 Dislodging food from person choking; poster. a. Every
establishment where food is sold and space is designated specifically as
eating areas shall have posted in a conspicuous place, easily accessible
to all employees and customers, a sign graphically depicting the
Heimlich Maneuver or a comparable technique instructing on how to
dislodge food from a choking person. Such sign shall be drafted and
printed by the department.
b. No duty to act. Nothing contained in this section shall impose any
duty or obligation on any proprietor, employee or other person to
remove, assist in removing, or attempt to remove food from the throat of
the victim of a choking emergency.
c. Fees. The department shall make signs available, and may charge a
fee to cover printing, postage and handling expenses.
Section 17-173
§ 17-173 Dangers of consuming alcoholic beverages during pregnancy;
warning sign. a. For the purposes of this section, the following terms
shall be defined and applied as follows:
1. "Alcoholic beverage" means and includes alcohol, spirits, liquor,
wine and beer.
2. "Vendor" means any person who owns or operates a business
establishment such as a bar or restaurant, which sells at retail any
alcoholic beverages for on-premises consumption; and any person who owns
or operates a liquor store, or any other business establishment which
has as its primary purpose, the retail sale of alcoholic beverages.
b. All vendors of alcoholic beverages shall have posted, in a
conspicuous place, a sign which clearly reads, "Warning: Drinking
alcoholic beverages during pregnancy can cause birth defects."
c. The department shall make such warning signs available to vendors
of alcoholic beverages, and shall promulgate regulations with respect to
the posting of said signs. A fee may be charged by the department to
cover printing, postage and handling expenses.
d. Any violation of the provisions of this section or any of the
regulations promulgated hereunder, shall be prosecuted as a civil
violation subject to a penalty of a sum ranging from zero to not more
than one hundred dollars. A civil violation under this section, shall be
adjudicated before the administrative tribunal of the department.
Section 17-174
* § 17-174 Provision of interpretation services in hospitals. The
board shall require the immediate provision of interpretation services
for non-English speaking residents in all hospital emergency rooms
located in New York City, when such non-English speaking residents
comprise at least ten percent of the patient population of the service
area of a particular hospital.
* NB Added L.L. 10/86 language juxtaposed per ch 907/85 § 14
Section 17-175
§ 17-175 Waste reduction study. a. The department shall, within six
months of the effective date of this section, complete a study of the
feasibility of reducing the amount of medical waste and other solid
waste generated by any person licensed by the city or state of New York
to provide health, medical, pharmaceutical or laboratory services. The
study shall include, but not be limited to, an analysis of:
1. the feasibility of switching from the use of disposable to reusable
medical equipment, laboratory equipment, clothing, food service
equipment and any other product for which there is a reusable
substitute;
2. availability of reusable medical equipment, laboratory equipment,
clothing, food service equipment and any other product for which there
is a reusable substitute;
3. the historical shift from the use of reusable to disposable
products;
4. the current composition of medical and other solid waste generated
by hospitals and other health care facilities;
5. the present and future cost of using reusable products compared to
the cost of using disposable products, including the costs associated
with substituting products and any special physical needs, such as space
requirements or new equipment;
6. the effects of waste reduction on hospital costs and the city's
economy;
7. the environmental impacts of an increased use of reusable products
compared to the continued incineration and landfilling of disposable
products, both on and off-site of the generating facility; and
8. all relevant federal, state and local legislation and regulations.
b. The study shall also include a comprehensive waste reduction plan
for medical waste and other solid waste generated by any person licensed
by the city or state of New York to provide health, medical,
pharmaceutical or laboratory services that shall include annual waste
reduction goals for the next five years, a strategy for implementing
such goals, a list of reusable materials and products that can be
substituted for dispoable materials and products where feasible, and any
revisions to the city health code that are necessary to implement the
waste reduction plan.
c. The commissioner shall, within six months of the effective date of
this section, submit to the council a report on the findings of such
study and any recommendations as to legislation or regulations that are
necessary to implement the recommendations of the study.
Section 17-176.
* § 17-176. Prohibitions on the distribution of tobacco products. a.
Definitions. For purposes of this section:
(1) "Distribute" means to give, sell, deliver, offer to give, sell or
deliver, or cause or hire any person to give, sell, deliver or offer to
give, sell or deliver.
(2) "Less than basic cost" means free of charge, a nominal or discount
price, or any other price less than the distributor's cost, to which
shall be added the full value of any stamps or taxes which may be
required by law.
(3) "Person" means any natural person, corporation, partnership, firm,
organization or other legal entity.
(4) "Public event" means any event to which the general public is
invited or permitted, including but not limited to musical concerts or
performances, athletic competitions, public fairs, carnivals, flea
markets, bazaars and artistic or cultural performances or exhibitions. A
private function such as a wedding, party, testimonial dinner or other
similar gathering in which the seating arrangements are under the
control of the organizer or sponsor of the event, and not the person who
owns, manages, operates or otherwise controls the use of the place in
which the function is held, is not a public event within the meaning of
this paragraph.
(5) "Public place" means any area to which the general public is
invited or permitted, including but not limited to parks, streets,
sidewalks or pedestrian concourses, sports arenas, pavilions,
gymnasiums, public malls and property owned, occupied or operated by the
city of New York or an agency thereof.
(6) "Tobacco product" means any substance which contains tobacco,
including but not limited to cigarettes, cigars, smoking tobacco and
smokeless tobacco.
b. Distribution of tobacco products to the general public at less than
basic cost prohibited in public places and at public events. No persons
shall distribute a tobacco product for commercial purposes at less than
the basic cost of such product to members of the general public in
public places or at public events.
c. Exemptions. The provisions of subdivision b shall not apply to (i)
the serving of free samples of smoking tobacco or smokeless tobacco to
persons of legal age in stores that sell tobacco products to the general
public; or (ii) the distribution of tobacco products at less than basic
cost by retailers, manufacturers or distributors of such products to any
employees of such companies who are of legal age.
d. Penalties. (1) Any person found to be in violation of this section
shall be guilty of a misdemeanor and liable for a civil penalty of not
more than five hundred dollars for the first violation and not more than
one thousand dollars for the second and each subsequent violation.
(2) A proceeding to recover any civil penalty authorized pursuant to
the provisions of this section shall be commenced by the service of a
notice of violation which shall be returnable to the administrative
tribunal established by the board of health or to any body succeeding
the administrative tribunal. Such tribunal or its successor shall have
the power to impose the civil penalties prescribed by this section.
(3) The corporation counsel may make an application to the supreme
court for an order restraining the continued violation of this section
or enjoining the future commission of such practice.
* NB Effective until March 19, 2014
* § 17-176 Prohibitions on the distribution of tobacco products. a.
Definitions. For purposes of this section:
(1) "Distribute" means to give, sell, deliver, offer to give, sell or
deliver, or cause or hire any person to give, sell, deliver or offer to
give, sell or deliver.
(2) "Less than basic cost" means free of charge, a nominal or discount
price, or any other price less than the distributor's cost, to which
shall be added the full value of any stamps or taxes which may be
required by law.
(3) "Person" means any natural person, corporation, partnership, firm,
organization or other legal entity.
(4) "Public event" means any event to which the general public is
invited or permitted, including but not limited to musical concerts or
performances, athletic competitions, public fairs, carnivals, flea
markets, bazaars and artistic or cultural performances or exhibitions. A
private function such as a wedding, party, testimonial dinner or other
similar gathering in which the seating arrangements are under the
control of the organizer or sponsor of the event, and not the person who
owns, manages, operates or otherwise controls the use of the place in
which the function is held, is not a public event within the meaning of
this paragraph.
(5) "Public place" means any area to which the general public is
invited or permitted, including but not limited to parks, streets,
sidewalks or pedestrian concourses, sports arenas, pavilions,
gymnasiums, public malls and property owned, occupied or operated by the
city of New York or an agency thereof.
(6) "Tobacco product" means any product which contains tobacco that is
intended for human consumption, including any component, part, or
accessory of such product. Tobacco product shall include, but not be
limited to, any cigar, little cigar, chewing tobacco, pipe tobacco,
roll-your-own tobacco, snus, bidi, snuff, tobacco- containing shisha, or
dissolvable tobacco product. Tobacco product shall not include
cigarettes or any product that has been approved by the United States
food and drug administration for sale as a tobacco use cessation product
or for other medical purposes and that is being marketed and sold solely
for such purposes.
b. Distribution of tobacco products to the general public at less than
basic cost prohibited in public places and at public events. No persons
shall distribute a tobacco product for commercial purposes at less than
the basic cost of such product to members of the general public in
public places or at public events.
d. Penalties. (1) Any person found to be in violation of this section
shall be guilty of a misdemeanor and liable for a civil penalty of not
more than five hundred dollars for the first violation and not more than
one thousand dollars for the second and each subsequent violation.
(2) A proceeding to recover any civil penalty authorized pursuant to
the provisions of this section shall be commenced by the service of a
notice of violation which shall be returnable to the administrative
tribunal established by the board of health or to any body succeeding
the administrative tribunal. Such tribunal or its successor shall have
the power to impose the civil penalties prescribed by this section.
(3) The corporation counsel may make an application to the supreme
court for an order restraining the continued violation of this section
or enjoining the future commission of such practice.
* NB Effective March 19, 2014
Section 17-176.1
* § 17-176.1 Prohibition on the sale of discounted cigarettes and
tobacco products. a. Definitions. For purposes of this section:
"Cigar" means any roll of tobacco for smoking that is wrapped in leaf
tobacco or in any substance containing tobacco, with or without a tip or
mouthpiece. Cigar does not include a little cigar as defined in this
section.
"Cigarette" means any roll for smoking made wholly or in part of
tobacco or any other substance, irrespective of size or shape and
whether or not such tobacco or substance is flavored, adulterated or
mixed with any other ingredient, the wrapper or cover of which is made
of paper or any other substance or material but is not made in whole or
in part of tobacco.
"Cigarette price floor" means the minimum price, including all
applicable taxes, for which one package of twenty cigarettes or more may
be sold by a retail dealer.
"Listed price" means the price listed for cigarettes or tobacco
products on their packages or on any related shelving, posting,
advertising or display at the place where the cigarettes or tobacco
products are sold or offered for sale, including all applicable taxes.
"Little cigar" means any roll of tobacco for smoking that is wrapped
in leaf tobacco or in any substance containing tobacco and that weighs
no more than four pounds per thousand or has a cellulose acetate or
other integrated filter.
"Little cigar price floor" means the minimum price, including all
applicable taxes, for which one package of twenty little cigars or more
may be sold by a retail dealer.
"Person" means any natural person, corporation, partnership, firm,
organization or other legal entity.
"Price reduction instrument" means any coupon, voucher, rebate, card,
paper, note, form, statement, ticket, image, or other issue, whether in
paper, digital, or any other form, used for commercial purposes to
receive an article, product, service, or accommodation without charge or
at a discounted price.
"Retail dealer" means retail dealer as defined in section 11-1301 of
the code, and any employee or other agent of such retail dealer.
"Tobacco product" means any product which contains tobacco that is
intended for human consumption, including any component, part, or
accessory of such product. Tobacco product shall include, but not be
limited to, any cigar, little cigar, chewing tobacco, pipe tobacco,
roll-your-own tobacco, snus, bidi, snuff, tobacco-containing shisha, or
dissolvable tobacco product. Tobacco product shall not include
cigarettes or any product that has been approved by the United States
food and drug administration for sale as a tobacco use cessation product
or for other medical purposes and that is being marketed and sold solely
for such purposes.
b. Prohibition on the sale of cigarettes for less than the listed
price. No person shall:
(1) honor or accept a price reduction instrument in any transaction
related to the sale of cigarettes to a consumer;
(2) sell or offer for sale cigarettes to a consumer through any
multi-package discount or otherwise provide to a consumer any cigarettes
for less than the listed price in exchange for the purchase of any other
cigarettes by the consumer;
(3) sell, offer for sale, or otherwise provide any product other than
cigarettes to a consumer for less than the listed price in exchange for
the purchase of cigarettes by the consumer; or
(4) sell, offer for sale, or otherwise provide cigarettes to a
consumer for less than the listed price.
c. Prohibition on the sale of tobacco products for less than the
listed price. No person shall:
(1) honor or accept a price reduction instrument in any transaction
related to the sale of tobacco products to a consumer;
(2) sell or offer for sale tobacco products to a consumer through any
multi-package discount or otherwise provide to a consumer any tobacco
product for less than the listed price in exchange for the purchase of
any other tobacco product by the consumer;
(3) sell, offer for sale, or otherwise provide any product other than
a tobacco product to a consumer for less than the listed price in
exchange for the purchase of a tobacco product by the consumer; or
(4) sell, offer for sale, or otherwise provide tobacco products to a
consumer for less than the listed price.
d. Price floor for cigarettes and little cigars. (1) Prohibition on
the sale of cigarettes below the cigarette price floor. No person shall
sell or offer for sale a package of cigarettes to a consumer for a price
less than the cigarette price floor. The cigarette price floor shall be
$10.50 per package of cigarettes, provided that the cigarette price
floor may be modified pursuant to paragraph three of this subdivision.
(2) Prohibition on the sale of little cigars below the little cigar
price floor. No person shall sell or offer for sale a package of little
cigars for a price less than the little cigar price floor. The little
cigar price floor shall be equal to the cigarette price floor.
(3) The department may modify by rule the cigarette price floor and
little cigar price floor to account for changes in the New York -
northern New Jersey - Long Island consumer price index, adjusted for
inflation, or changes in taxes for cigarettes or little cigars.
e. The department shall promulgate any rules as may be necessary for
the purpose of carrying out this section.
f. Penalties. (1) Any person who violates subdivision b, c, or d of
this section or any rule promulgated pursuant to any of such
subdivisions shall be liable for a civil penalty in the following
amounts:
(i) one thousand dollars for a first violation within a five-year
period;
(ii) two thousand dollars for a second violation within a five-year
period; and
(iii) five thousand dollars for a third violation within a five-year
period.
(2) No person shall be liable under this section for more than one
violation of any of subdivisions b, c, or d during a single day.
(3) A violation of subdivision b, c, or d of this section by a retail
dealer shall constitute a basis, pursuant to section 20-206 of the code,
for the suspension or revocation of the license issued to such retail
dealer for the place of business where such violation occurred.
g. Enforcement. The department, the department of consumer affairs,
and the department of finance shall enforce the provisions of this
section at the tribunals that are authorized to hear violations issued
by such departments.
* NB Effective March 19, 2014
Section 17-177.
§ 17-177. Prohibition on the distribution of tobacco products through
vending machines. a. Definitions. For purposes of this section:
(1) "Distribution" means to give, sell, deliver, dispense, issue,
offer to give, sell, deliver, dispense or issue, or cause or hire any
person to give, sell, deliver, dispense, issue or offer to give, sell,
deliver, dispense or issue.
(2) "Person" means any natural person, corporation, partnership, firm,
organization or other legal entity.
(3) "Public place" means any area to which the public is invited or
permitted.
(4) "Retail dealer" means "retail dealer" as defined in section
11-1301 of the administrative code.
(5) "Tavern" means an establishment where alcoholic beverages are sold
and served for on-site consumption and in which the service of food, if
served at all, is incidental to the sale of such beverages. Service of
food shall be considered incidental if the food service generates less
than forty percent of total annual gross sales. As used herein, the term
"tavern" shall not be deemed to include a bar located in a public place
in which the sale of alcoholic beverages is incidental to the primary
purpose of the business or establishment conducted therein, except for a
bar located in a public place which offers overnight accommodations.
Examples of public places not deemed to be taverns within the definition
of this paragraph include, but are not limited to, restaurants, catering
halls, bowling alleys, billiard parlors, discotheques, theatres and
arenas.
(6) "Tobacco product" means any substance which contains tobacco,
including but not limited to cigarettes, cigars, smoking tobacco and
smokeless tobacco.
(7) "Wholesale dealer" means "wholesale dealer" as defined in section
11-1301 of the administrative code.
(8) "Vending machine" means any mechanical, electronic or other
similar device which dispenses tobacco products.
b. Distribution of tobacco products through vending machines
prohibited. No person shall permit the distribution of a tobacco
product through the operation of a vending machine in a public place.
This prohibition shall not apply to the distribution of tobacco products
in a tavern.
c. Distribution of tobacco products in a tavern. Tobacco products may
be distributed in a tavern only in the following ways:
(1) through a vending machine which must be (i) placed at a distance
of a minimum of 25 feet from any entrance to the premises; and (ii)
directly visible by the owner of the premises, or his or her employee or
agent, during the operation of such vending machine; or
(2) directly by the owner of the premises, or his or her employee or
agent.
d. Identification of vending machines. A wholesale dealer or retail
dealer shall post a durable sign on any vending machine which such
dealer is licensed to own, operate or maintain. Such sign shall be
visible to the general public and provide the applicable cigarette
license number and expiration date and the license holder's name, place
of business and phone number.
e. Enforcement. The department shall enforce the provisions of this
section. In addition, designated enforcement employees of the department
of buildings, the department of consumer affairs, the department of
environmental protection, the fire department and the department of
sanitation shall have the power to enforce the provisions of this
section.
f. Violations and penalties. (1) Any person found to be in violation
of this section shall be liable for a civil penalty of not more than
three hundred dollars for the first violation; not more than five
hundred dollars for the second violation; and not more than one thousand
dollars for the third and all subsequent violations. In addition, for a
third and subsequent violations, any person who engages in business as a
wholesale dealer or retail dealer shall be subject to the suspension of
his or her cigarette license, for a period not to exceed one year, after
notice and the opportunity for a hearing before the commissioner of
finance or his or her designee. A wholesale dealer who owns, operates or
maintains a vending machine placed in violation of subdivision b or
paragraph (1) of subdivision c of this section shall be liable only if
he or she has knowledge of the violation. The department shall promptly
give written notice to the wholesale dealer identified on the sign
required by subdivision d of this section of any such violation by an
owner of the premises, or his or her employee or agent. For purposes of
this section, such notice shall be prima facie evidence that the
wholesale dealer has knowledge of future violations of subdivision b or
paragraph (1) of subdivision c of this section.
(2) A proceeding to recover any civil penalty authorized pursuant to
the provisions of this subdivision shall be commenced by the service of
a notice of violation which shall be returnable to the administrative
tribunal established by the board of health or to any body succeeding
the administrative tribunal. Such tribunal or its successor shall have
the power to impose the civil penalties prescribed by this section.
(3) The penalties provided by this subdivision shall be in addition to
any other penalty imposed by any other provision of law or regulation
thereunder.
g. Construction. Nothing in this section shall be construed to
prohibit the following:
(1) the transfer of an existing vending machine from placement in a
premises prohibited pursuant to subdivision b of this section to
placement in a tavern; or
(2) the initial placement of a vending machine in a tavern.
Section 17-178
§ 17-178 Availability of resuscitation equipment in certain public
places. a. Definitions. For the purposes of this section, the following
terms shall be defined as follows:
1. "Bar" means any establishment which is devoted to the sale and
service of alcoholic beverages for on-premises consumption and in which
the service of food, if served at all, is incidental to the consumption
of such beverages.
2. "Health club" means any commercial establishment offering
instruction, training or assistance or the facilities for the
preservation, maintenance, encouragement or development of physical
fitness or well being. "Health club" as defined herein shall include,
but not be limited to health spas, sports, tennis, racquet ball, and
platform tennis clubs, figure salons, health studios, gymnasiums, weight
control studios, martial arts and self-defense schools or any other
commercial establishment offering a similar course of physical training.
3. "Owner or operator" means the owner, manager, operator or other
person having control of an establishment.
4. "Public place" means a restaurant, bar, theatre or health club.
5. "Restaurant" means any commercial eating establishment which is
devoted, wholly or in part, to the sale of food for on-premises
consumption.
6. "Resuscitation equipment" means (i) an adult exhaled air
resuscitation mask, for which the federal food and drug administration
has granted permission to market, accompanied by a pair of latex gloves
and (ii) a pediatric exhaled air resuscitation mask, for which the
federal food and drug administration has granted permission to market,
accompanied by a pair of latex gloves.
7. "Theatre" means a motion picture theatre, concert hall, auditorium
or other building used for, or designed for the primary purpose of,
exhibiting movies, stage dramas, musical recitals, dance or other
similar performances.
b. Resuscitation equipment required. The owner or operator of a public
place shall have available in such public place resuscitation equipment
in quantities deemed adequate by the department. Such equipment shall be
readily accessible for use during medical emergencies. Any information
deemed necessary by the commissioner shall accompany the resuscitation
equipment. Resuscitation equipment shall be discarded after a single
use.
c. Notice required. The owner or operator of a public place shall
provide notice to patrons, by means of signs, printed material or other
means of written communication, indicating the availability of
resuscitation equipment for emergency use and providing information on
how to obtain cardiopulmonary resuscitation training. The type, size,
style, location and language of such notice shall be determined in
accordance with rules promulgated by the commissioner. In promulgating
such rules, the commissioner shall take into consideration the concerns
of the public places within the scope of this section. If the department
shall make signs available pursuant to this subdivision, it may charge a
fee to cover printing, postage and handling expenses.
d. Rescue liability limited. Any owner or operator of a public place,
his or her employee or other agent, or any other person who voluntarily
and without expectation of monetary compensation renders emergency
treatment using the resuscitation equipment required pursuant to this
section, to a person who is unconscious, ill or injured, shall not be
liable for damages for injuries alleged to have been sustained by such
person or for damages for the death of such person alleged to have
occurred by reason of an act or omission in the rendering of such
emergency treatment unless it is established that the injuries were or
death was caused by gross negligence on the part of the rescuer.
e. No duty to act. Nothing contained in this section shall impose any
duty or obligation on any owner or operator of a public place, his or
her employee or other agent, or any other person to provide
resuscitation assistance to the victim of a medical emergency.
Section 17-179
§ 17-179 Department Screening, Diagnosis, and Treatment. a. The
department shall refer to appropriate medical providers any person who
requests assistance in blood lead screening, testing, diagnosis or
treatment, and upon the request of a parent or guardian, arrange for
blood lead screening of any child who requires screening and whose
parent or guardian is unable to obtain a lead test because the child is
uninsured or the child's insurance does not cover such screening.
b. The department shall develop a pamphlet explaining the hazards
associated with lead-based paint and describing the procedures to be
used in order for a violation of sections 27-2056.6 and 27-2056.7 of
this code to be corrected. The pamphlet shall include appropriate
telephone numbers to obtain lead poisoning screening, diagnosis and
treatment information and to report unsafe lead-based paint work
practices. Such pamphlet shall be made available in accordance with
section 27-2056.9 of this code. Such pamphlet shall also be made
available to any member of the public upon request.
Section 17-180
§ 17-180 Training of Department Personnel. The department, in
conjunction with the department of housing preservation and development,
shall provide training for lead-based paint inspection and supervisory
personnel. No department personnel shall conduct an inspection for
lead-based paint pursuant to the health code unless that individual has
received such training. At a minimum, such training shall (1) be
equivalent to the training required under regulations issued by the
United States environmental protection agency for the certification of
lead-based paint inspectors and supervisors, (2) include background
information pertaining to applicable state and local lead-based paint
laws and guidance on identifying violations in a multiple dwelling, and
(3) require that the individual has successfully demonstrated knowledge
of the responsibilities of a certified inspector or certified
supervisor, as the case may be, and the requirements of sections 173.13
and 173.14 of the health code or successor rules. The department shall
provide for the continuing education of inspection and supervisory
personnel.
Section 17-181
§ 17-181 Lead-based paint; dry scraping and dry sanding prohibited.
The dry scraping or dry sanding of lead-based paint or paint of unknown
lead content in any dwelling, day care center or school is hereby
declared to constitute a public nuisance and a condition dangerous to
life and health. For the purpose of this section, dry scraping and dry
sanding shall mean the removal of paint or similar surface-coating
material by scraping or sanding without using water misting to reduce
dust levels or other method approved by the department. The department
shall promulgate such additional rules as necessary for the enforcement
of this section.
Section 17-182
§ 17-182 City-funded public hospitals and health facilities required
to utilize peace officers.
a. Any corporation of government, the expenses of which are paid in
whole or in part from the city treasury, which provides health and
medical services and operates health facilities and which is authorized
to employ special officers having peace officer status as defined in New
York Criminal Procedure Law § 2.10(40), shall utilize peace officers
appointed pursuant to said subdivision to perform the duties of special
officer, senior special officer and hospital security officer. The
commissioner of the department of health and mental hygiene shall
enforce this requirement.
b. Any person, including but not limited to any labor organization,
claiming to be aggrieved by a violation of subdivision a of this section
shall have a cause of action in any court of competent jurisdiction for
damages, including punitive damages, and for injunctive relief and such
other remedies as may be appropriate.
Section 17-183
§ 17-183 Publication and dissemination of public health insurance
program options. a. The department shall develop a pamphlet containing
information regarding the availability of public health insurance
programs. At a minimum, such pamphlet shall include: (i) the name and a
brief description of each public health insurance program available to
New York city residents; and (ii) appropriate telephone numbers to
obtain enrollment information for such programs. Such pamphlet shall be
produced annually and shall be printed in multiple languages, including,
but not limited to, English, Spanish, Chinese, Russian, Yiddish, Korean,
and Haitian-Creole, and shall be made available to any member of the
public upon request.
b. The department shall ensure that pamphlets on public health
insurance program options are provided to all day care centers in
sufficient quantity to enable such day care centers to satisfy the
requirements of section 1069.1 of the New York city charter. For the
purposes of this subdivision, "day care center" shall mean any child day
care facility operating in New York city that is required to obtain a
license from, or to register with, the department pursuant to section
47.05 of the New York city health code and/or the New York state
department of social services pursuant to section 390 of the New York
state social services law.
Section 17-184.
§ 17-184. Availability of emergency contraception. The department
shall make available emergency contraception at each health center,
health station, health clinic or other health facility operated or
maintained by the department which also offers services relating to the
diagnosis and treatment of sexually transmitted diseases. For purposes
of this section, the term "emergency contraception" shall mean one or
more prescription drugs, used separately or in combination, to be
administered to or self-administered by a patient in a dosage and manner
intended to prevent pregnancy when used within a medically recommended
amount of time following sexual intercourse and dispensed for that
purpose in accordance with professional standards of practice, and which
has been found safe and effective for such use by the United States food
and drug administration.
Section 17-185
§ 17-185 Inspection by the Department of Unsafe Work Practices. The
department shall promulgate rules requiring the department to respond to
complaints regarding unsafe lead-based paint work practices.
Section 17-186
§ 17-186 Lead poisoning prevention in children. a. The department
shall develop a brochure which, at a minimum, advises all appropriate
medical providers of their obligations to screen and test children for
lead poisoning according to all relevant federal, state and local laws,
rules and regulations. Such pamphlet shall be distributed to all
appropriate medical providers on an annual basis, starting on September
15, 2004.
b. The department shall develop a pamphlet regarding lead poisoning
prevention in children. Such pamphlet shall, at a minimum, be printed in
English and Spanish and shall include, at a minimum: (i) the manner in
which children are most likely poisoned by lead; (ii) the effects of
lead poisoning on a child's health; (iii) the intervals at which a child
is required by New York state law to be tested for blood lead levels;
(iv) the appropriate telephone numbers to obtain lead poisoning
screening, diagnosis and treatment information; (v) the steps a parent
or guardian may take to protect his or her child from lead poisoning;
and (vi) the requirement of landlords to inspect and repair lead-based
paint hazards.
c. At a minimum, the department shall distribute the pamphlet produced
pursuant to paragraph b of this section with each birth certificate
furnished to the parent or guardian of a child pursuant to section
17-168 of this title. Such pamphlet shall also be made available to any
member of the public upon request.
Section 17-187
§ 17-187 School nurses. a. Definitions. For purposes of this section,
the following items shall have the following meanings:
(1) "Nurse" means an individual licensed as a registered professional
nurse pursuant to section 6905 of the New York state education law.
(2) "Public health advisor" includes, but is not limited to, an
individual who supports medical and/or professional staff in schools by
performing health related duties and who has satisfied the requirements
set forth by the department.
b. Primary Schools. The department shall provide on a full-time basis
at least one nurse at each public and private primary school which i)
had at least two hundred students enrolled on the last day of the second
month of the preceding school year; ii) submits a written request to the
department that such nurse be provided; and iii) maintains, pursuant to
any rules promulgated by the commissioner, an appropriate medical room
wherein such nurse can carry out his or her nursing duties.
c. Intermediate Schools. The department shall provide at least one
nurse, provided that a nurse has not been provided pursuant to
subdivision b of this section, or public health advisor or school health
service aide, as appropriate, at each public and private intermediate
school which i) had at least two hundred students enrolled on the last
day of the second month of the preceding school year; ii) submits a
written request to the department that such nurse or public health
advisor or school health service aide be provided; and iii) maintains
pursuant to any rules promulgated by the commissioner, an appropriate
medical room wherein such nurse or public health advisor or school
health service aide can carry out his or her duties.
d. The provision of any nurses, or public health advisors when
applicable, assigned to a school pursuant to this section shall be
consistent with any applicable collective bargaining agreements.
e. For the purposes of this section, references to the "department"
shall mean the department, either individually or jointly with the board
of education as appropriate. The requirements or implementation of this
section shall not be construed to cause the layoff or loss of any wages,
benefits or other terms and conditions of employment of, and shall not
be construed to reduce the employment opportunities of nurses, public
health advisors, public health assistants, or school health services
aides, as defined by the department, or any other health related
position, currently employed, or to be employed by primary and
intermediate schools.
f. The commissioner may promulgate any rules deemed necessary for the
purposes of implementing and carrying out the provisions of this
section.
Section 17-188
§ 17-188 Automated external defibrillators. a. Definitions. For the
purposes of this section, the following terms shall have the following
meanings:
1. "Automated external defibrillator" means a medical device, approved
by the United States food and drug administration, that: (i) is capable
of recognizing the presence or absence in a patient of ventricular
fibrillation and rapid ventricular tachycardia; (ii) is capable of
determining, without intervention by an individual, whether
defribrillation should be performed on a patient; (iii) upon determining
that defribrillation should be performed, automatically charges and
requests delivery of an electrical impulse to a patient's heart; and
(iv) upon action by an individual, delivers an appropriate electrical
impulse to a patient's heart to perform defibrillation.
2. "Owner or operator" means the owner, manager, operator, or other
person or persons having control of a public place.
3. "Public place" means the publicly accessible areas of the following
places to which the public is invited or permitted: (i) public buildings
maintained by the division of facilities management and construction of
the department of citywide administrative services or any successor;
(ii) parks under the jurisdiction of the department of parks and
recreation identified pursuant to subdivision e of this section; (iii)
ferry terminals owned and operated by the city of New York served by
ferry boats with a passenger capacity of one thousand or more persons;
(iv) nursing homes, as defined in section 2801 of the New York state
public health law; (v) senior centers, which include facilities operated
by the city of New York or operated by an entity that has contracted
with the city to provide services to senior citizens on a regular basis,
such as meals and other on-site activities; (vi) golf courses, stadia
and arenas; and (vii) health clubs that are commercial establishments
offering instruction, training or assistance and/or facilities for the
preservation, maintenance, encouragement or development of physical
fitness or well-being that have a membership of at least two hundred and
fifty people, and which shall include, but not be limited to, health
spas, health studios, gymnasiums, weight control studios, martial arts
and self-defense schools or any other commercial establishment offering
a similar course of physical training.
b. Automated external defibrillators required. Except as provided in
subdivision j of this section, the owner or operator of a public place
shall make available in such public place automated external
defibrillators in quantities and locations deemed adequate in accordance
with rules promulgated pursuant to subdivisions e and f of this section
and in accordance with section 3000-b of the New York state public
health law. Such automated external defibrillators shall be readily
accessible for use during medical emergencies. Any information regarding
use of automated external defibrillators deemed necessary by the
department in accordance with rules promulgated pursuant to subdivision
f of this section shall accompany and be kept with each automated
external defibrillator. Any automated external defibrillator required
pursuant to this subdivision shall be acquired, possessed and operated
in accordance with the requirements of section 3000-b of the New York
state public health law.
c. Notice required. The owner or operator of a public place shall
provide written notice to the public, by means of signs, printed
material or other form of written communication, indicating the
availability of automated external defibrillators for emergency use in
such public place and providing information on how to obtain automated
external defibrillator training. The type, size, style, location and
language of such notice shall be determined in accordance with rules
promulgated by the department pursuant to subdivision f of this section.
Should such rules require or allow the posting of signs made available
by the department to owners or operators of a public place to serve as
appropriate notice pursuant to this subdivision, the department may
charge a fee to cover printing, postage and handling expenses.
d. Reports. The department shall conduct a comprehensive study and
submit a report to the mayor and the council twelve months after the
effective date of the local law that added this section. Such report
shall include, but not be limited to, the quantities and locations of
automated external defibrillators placed in public places pursuant to
subdivision b of this section and the identification of any additional
locations throughout the city of New York that warrant the placement of
automated external defibrillators. Twenty-four months after the
effective date of the local law that added this section, and annually
thereafter for the next succeeding three years, the department shall
submit to the mayor and the council a report indicating the quantities
and locations of automated external defibrillators placed in public
places pursuant to subdivision b of this section.
e. Parks. The commissioner of the department of parks and recreation
shall, no later than seven calendar days after the effective date of the
local law that added this section, promulgate rules identifying at least
six parks in each borough under the jurisdiction of the department of
parks and recreation to be considered a public place for the purposes of
this section, and determining the quantity and location of automated
external defibrillators to be placed in such parks; provided, however,
that at least one of the parks identified in each borough must be over
one hundred and seventy acres.
f. Rules. The department shall promulgate such rules as may be
necessary for the purpose of implementing the provisions of this
section, including, but not limited to, rules regarding the quantity and
location of automated external defibrillators to be placed in a
particular public place or general category of public place; the form of
notice in which the availability of automated external defibrillators in
a public place shall be made known to the public and any accompanying
fee; and any information on the use of automated external defibrillators
that must accompany and be kept with each automatic external
defibrillator; provided, however, that the department of parks and
recreation shall determine the quantity and location of automated
external defibrillators placed in parks, pursuant to subdivision e of
this section. Such rules shall also include, but not be limited to,
required training in the use of automated external defibrillators.
g. Liability limited. Any person who, in accordance with the
provisions of this section, voluntarily and without expectation of
monetary compensation renders first aid or emergency treatment using an
automated external defibrillator that has been made available pursuant
to this section, to a person who is unconscious, ill or injured, and any
person, owner or operator, entity, partnership, corporation, firm or
society that purchases or makes available an automated external
defibrillator as required by this section, shall be entitled to the
limitation of liability provided in section 3000-a of the New York state
public health law.
h. No duty to act. Nothing contained in this section shall impose any
duty or obligation on any owner or operator of a public place, his or
her employee or other agent, or any other person to provide assistance
with an automated external defibrillator to a victim of a medical
emergency.
i. Standard of care. Nothing contained in this section shall be deemed
to affect the obligations or liability of emergency health providers
pursuant to section 3000-b of the New York state public health law.
j. Exception. During such times as an owner or operator of a public
place provides, at such public place, advanced life support by a
physician, registered professional nurse or advanced emergency medical
technician acting within his or her lawful scope of practice, or the use
of automated external defibrillators by a physician, registered
professional nurse, or advanced emergency medical technician acting
within his or her lawful scope of practice, such provision shall be
deemed to satisfy the requirements of subdivision b of this section,
subject to rules of the department promulgated pursuant to subdivision f
of this section. For purposes of this subdivision, advanced emergency
medical technician shall mean an advanced emergency medical technician
as defined in section three thousand one of the New York state public
health law.
k. Public awareness. Within ninety days of the effective date of the
local law that added this section, the department shall conduct public
awareness and education campaigns in English and Spanish regarding
cardiopulmonary resuscitation training.
Section 17-189
§ 17-189 Prohibition on sale of certain substances containing lead. a.
For purposes of this section, the following terms shall have the
following meanings:
1. "Candy products containing lead" shall mean any confection
containing lead which the department, pursuant to rules promulgated
hereunder, determines to present a risk to public health or a nuisance
as defined in § 17-142 of this code.
2. "Litargirio" shall mean any powder containing lead intended for
sale for personal use, including, but not limited to, use as an
anti-perspirant, deodorant, foot fungicide or as a treatment for burns
and wounds.
3. "Person" shall mean any natural person, individual, corporation,
unincorporated association, proprietorship, firm, partnership, joint
venture, joint stock association or other entity or business
organization.
b. No person shall sell or offer for sale, or cause any person to sell
or offer for sale, candy products containing lead or products containing
litargirio.
c. Violations and penalties. 1. Any person who violates any provision
of this section shall be liable for a civil penalty not to exceed two
hundred and fifty dollars for each violation, provided that for a first
such violation, such person may be issued a written warning in lieu of
such civil penalty.
Notwithstanding any provision of law to the contrary, any person who
intentionally or knowingly violates any provision of this section shall
be guilty of a misdemeanor punishable by a fine of not more than two
hundred and fifty dollars for each violation and/or a prison term of not
more than six months, and a civil penalty of not more than two hundred
and fifty dollars for each violation.
d. Enforcement. The department and the department of consumer affairs
shall enforce the provisions of this section. A proceeding to recover
any civil penalty authorized pursuant to subdivision c of this section
shall be commenced by the service of a notice of violation returnable to
the administrative tribunal established by the board of health where the
department issues such a notice or to the adjudication division of the
department of consumer affairs where such department issues such a
notice. The notice of violation or copy thereof when filled in and
served shall constitute notice of the violation charged. The
administrative tribunal of the board of health and the adjudication
division of the department of consumer affairs shall have the power to
render decisions and to impose the remedies and penalties provided for
in subdivision c of this section, in addition to any other remedies or
penalties provided for the enforcement of such provisions under any
other law including, but not limited to, civil or criminal actions or
proceedings.
e. Rules. The commissioner shall promulgate any rules as may be
necessary for the purposes of carrying out the provisions of this
section.
Section 17-190
17-190 Deaths of homeless persons and homeless shelter residents;
report. a. Definitions. For the purposes of this section, the following
terms shall be defined as follows:
1. "Homeless person" means a person who at the time of death did not
have a known street address of a residence at which he or she was known
or reasonably believed to have resided.
2. "Homeless shelter resident" means a person who at the time of death
lived in a homeless shelter as defined in paragraph 3 of this
subdivision.
3. "Homeless shelter" means (i) a residence operated by or on behalf
of the department of homeless services; (ii) an emergency residence
operated by or on behalf of the department of social services/human
resources administration which is available primarily for homeless
persons with HIV or AIDS related illness; or (iii) a residence operated
by or on behalf of the department of housing preservation and
development to the extent that such residence houses clients of the
department of homeless services; provided, however, that such term shall
not include any residence that is available primarily for battered
women.
b. Annual report regarding deaths of homeless persons and homeless
shelter residents. 1. The department shall, by January first, April
first, July first and October first of each year collect information as
necessary to comply with the provisions of paragraph 3 of this
subdivision regarding the incidence of deaths of homeless persons and
homeless shelter residents during the quarter year which began on the
first day of the sixth month preceding the month by which the
information is required to be collected.
2. In addition to the collection of quarterly information required
pursuant to this subdivision, the department shall, subject to paragraph
4 of this subdivision, submit an annual report to the council and the
mayor by January fifteenth of each year, (i) summarizing and
aggregating, as well as updating and amending if necessary, the
information collected in the immediately preceding four quarter years
for which information was collected pursuant to paragraph 1 of this
subdivision; and (ii) indicating the causes of death for all deaths in
such report disaggregated by cause, including, but not limited to, how
many such deaths were related to exposure to outdoor conditions.
3. Such report shall also include, at a minimum, (i) the number of
homeless persons who died during the preceding year, disaggregated by
month, for whom there was an investigation by the office of chief
medical examiner as required pursuant to section 557 of the charter, the
number of homeless shelter residents who died during the preceding year,
disaggregated by month, and, to the extent such information is readily
available, the number of other homeless persons who died during the
preceding year, disaggregated by month; (ii) the community board
district where each such decedent died, disaggregated within each such
district by whether the death occurred outdoors, in a hospital, in a
nursing home and/or other residential health care facility, in a
homeless shelter, or, to the extent such information is available, in
another facility, residence or other type of location, provided,
however, that the location of decedents who died in a residence operated
by or on behalf of the department of social services/human resources
administration which is available primarily for homeless persons with
HIV or AIDS related illness shall be provided by borough; (iii) an
indication as to whether the decedent was known to be living in a
homeless shelter at the time of death and the community board district
in which such homeless shelter is located, provided, however, that the
location of the residence of decedents known to be living in a homeless
shelter operated by or on behalf of the department of social
services/human resources administration which is available primarily for
homeless persons with HIV or AIDS related illness shall be provided by
borough; and (iv) the age or approximate age and gender of each such
decedent; provided, however, that in cases where the identity of a
decedent is unknown or in cases where it is unknown whether such
decedent was a homeless person or a homeless shelter resident, the
department shall provide the information required by this paragraph
during the year that such information becomes available, as well as the
date or approximate date such death occurred.
4. The department may withhold information from an annual report about
an individual decedent otherwise required pursuant to this subdivision
to the extent that such withholding is necessary to avoid disclosing the
identity of such decedent, provided that the department shall specify
when such information is withheld and shall report all other information
about such decedent that will not reveal the identity of such decedent.
5. In each annual report required pursuant to this subdivision, the
department shall describe the methodologies used to identify homeless
persons and homeless shelter residents and provide an analysis of the
reliability and validity of such methodologies.
6. The quarterly information and annual reports required pursuant to
this subdivision shall be made available to any member of the public
upon request.
c. Rules. The department after public hearings shall promulgate such
rules as are necessary to implement the provisions of this section.
Section 17-191
§ 17-191 Child fatality review advisory team. a. For purposes of this
section, the term "child fatality" shall mean the death of any person in
the city of New York under the age of thirteen where (1) the death is
unanticipated, (2) the death is the result of trauma, or (3) the
circumstances of the death are suspicious, obscure or otherwise
unexplained; provided, however, that such term shall not include the
death of any person under the age of thirteen where such death is the
subject of a pending criminal investigation, prosecution or appeal.
b. There shall be established within the department, in accordance
with all applicable state and local laws, a child fatality review
advisory team to examine the facts and circumstances relating to child
fatalities. The team shall consist of the commissioner of the
administration of children's services, or his or her designee; the
commissioner of the police department, or his or her designee; the chief
medical examiner, or his or her designee; the commissioner of the
department of health and mental hygiene, or his or her designee; and, if
required by applicable law, the commissioner of the New York state
office of children and family services, or his or her designee. The
chancellor of the department of education, or his or her designee, may
become a member of the team at his or her discretion. The mayor shall
appoint to the team a maximum of two additional individuals, including
at least one pediatrician and at least one person who advocates on
child-related issues; provided, however, that such individuals shall not
hold any other public office, employment or trust. The speaker of the
city council shall appoint to the team a maximum of two additional
individuals, including at least one pediatrician and at least one person
who advocates on child-related issues; provided, however, that such
individuals shall not hold any other public office, employment or trust.
The public advocate shall appoint to the team one additional individual;
provided, however, that such individual shall not hold any other public
office, employment or trust.
c. Each member of the child fatality review advisory team, other than
any member serving in an ex officio capacity, or such member's designee,
and, if he or she chooses to serve, the chancellor of the department of
education, or his or her designee, shall serve for a term of two years,
and may be removed from office for cause. Any vacancy shall be filled in
the same manner as the original appointment.
d. All members of the child fatality review advisory team shall serve
without compensation, except that each member shall be allowed actual
and necessary expenses to be audited in the same manner as other city
charges.
e. Except as otherwise provided in this section, no person shall be
ineligible for membership on the child fatality review advisory team
because such person holds any other public office, employment or trust,
nor shall any person be made ineligible to or forfeit such person's
right to any public office, employment or trust by reason of such
appointment.
f. The child fatality review advisory team shall meet at least four
times a year. The commissioner of the department of health and mental
hygiene shall serve as chairperson of the team and shall convene the
first meeting of the team within ninety days after the effective date of
the local law that added this section.
g. The child fatality review advisory team's work shall include, but
not be limited to, reviewing aggregate data relating to child fatalities
and formulating recommendations regarding methods of improving the
protection of children in order to decrease the future incidence of
child fatalities in the city of New York.
h. The child fatality review advisory team may request information
from any agency as may be necessary to carry out the provisions of this
section, in accordance with all applicable laws, rules and regulations,
including, but not limited to, laws related to attorney-client
privilege, attorney work product, material prepared for litigation and
disclosure of agency records under the public officers law. The team may
also request such information from any not-for-profit organization which
provided services to the victim of a child fatality or to the family
members of such victim, in accordance with all applicable laws, rules
and regulations, including, but not limited to, laws related to
attorney-client privilege, attorney work product, material prepared for
litigation and confidentiality. Nothing in this subdivision shall be
construed as limiting any right or obligation of agencies pursuant to
the public officers law, including the exceptions to disclosure of
agency records contained in such law, with respect to access to or
disclosure of records or portions thereof. The team shall keep
confidential all information that it receives and protect the privacy of
all individuals involved in the child fatality cases that it reviews to
the extent provided by law.
i. The child fatality review advisory team shall submit to the mayor,
the speaker of the city council and the public advocate, annually, a
report including, but not limited to, the number of child fatality cases
which occurred in the city of New York during the previous year;
statistics regarding the causes of child fatalities; specific
non-identifying data with respect to the victims of child fatalities,
such as gender, age and race, and, if available, religion and ethnicity;
statistics regarding the location of child fatalities, disaggregated by
borough; and recommendations regarding ways to decrease the future
incidence of child fatalities in the city of New York.
Section 17-192
* § 17-192 Foods containing artificial trans fat. a. Definitions. The
following terms shall have the following meanings:
1. "Artificial trans fat" shall have the meaning as such term is
defined in section 81.08 of the health code of the city of New York or
any successor provision.
2. "Food service establishment" shall have the meaning as such term is
defined in section 81.03 of the health code of the city of New York or
any successor provision.
3. "Mobile food unit commissary" shall have the meaning as such term
is defined in section 89.01 of the health code of the city of New York
or any successor provision.
b. Artificial trans fat restricted. No foods containing artificial
trans fat shall be stored, distributed, held for service, used in
preparation of any menu item or served by any food service establishment
or by any mobile food unit commissary; provided that this subdivision
shall not apply to food that is served directly to patrons in a
manufacturer's original sealed package.
c. Rules. The department may promulgate such rules as may be necessary
to implement the provisions of this section.
* NB Certain provisions apply July 1, 2007; certain provisions apply
July 1, 2008
Section 17-193
§ 17-193 Trauma scenes. a. Definitions. For purposes of this section,
the following terms shall have the following meanings:
1. "City" shall mean the city of New York.
2. "City property" shall mean any property owned and managed by the
city.
3. "Trauma" shall mean any serious physical injury or death.
4. "Trauma scene" shall mean any area where a trauma occurred that has
been visibly contaminated by human blood or bodily fluids as a result of
such trauma.
5. "Trauma scene management" shall mean the use of procedures and
materials sufficient to clean and decontaminate a trauma scene and
safely remove human blood or bodily fluids and other appropriate waste
as determined by the department from such scene.
b. City property. The department shall establish guidelines for trauma
scene management on city property that shall be followed by city
agencies, subject to applicable emergency response protocols, which
shall include, but not be limited to, procedures regarding:
1. the immediate restriction of access to a trauma scene;
2. the cleaning and decontamination of a trauma scene including, but
not limited to, the application of appropriate disinfectants to such
scene; and
3. the removal of any waste, including but not limited to, waste
generated from cleaning and decontamination activities and the disposal
of such waste in accordance with applicable laws and guidelines.
c. Property other than city property. The department shall establish
guidelines for trauma scene management on property other than city
property within the city and post such guidelines on an appropriate
website. Where a trauma scene occurs on or within any portion of such
property, a member of the police department or fire department
responding to such scene shall inform the owner, resident or occupant of
such property that such guidelines may be obtained by calling 311 or
accessing the website established by the city for such purpose. Such
guidelines shall include, but not be limited to:
1. guidelines for trauma scene management established pursuant to
subdivision b of this section and modified, where appropriate, to
include procedures for trauma scene management that may be undertaken by
such owner, resident or occupant on such property;
2. contact information for the New York state office of victim
services and information indicating how such owner, resident or occupant
can apply to such office for financial assistance to help cover the cost
of professional clean up of a trauma scene, including how application
forms can be obtained at the office's local office or website;
3. contact information for any organization that certifies
professional trauma scene clean-up companies in the New York city area;
and
4. a statement indicating that private insurance might cover the cost
of professional clean-up of a trauma scene and that such owner, resident
or occupant should contact his or her insurance carrier for further
information.
d. Rules. The commissioner shall promulgate rules and regulations as
may be necessary to carry out the provisions of this section.
Section 17-194.
§ 17-194. Drinking water tank inspections a. Definitions. For purposes
of this section, the following terms shall have the following meanings:
1. "Building" shall mean any building, structure, premises, or part
thereof.
2. "Drinking water" shall mean water used for human consumption or
used directly or indirectly in connection with the preparation of food
for human consumption, including, but not limited to, the cleaning of
utensils used in the preparation of food.
3. "Owner" shall mean any owner, manager, operator or other person or
persons having control of a building and any authorized agent thereof.
4. "Water heater" shall mean any heating appliance or equipment that
heats potable water and supplies such water to the potable hot water
distribution system.
5. "Water tank" shall mean any device used to store drinking water
that is distributed as part of the water supply system of a building,
however such term shall not apply to domestic hot water heaters.
b. Any owner of a building that has a water tank as part of its
drinking water supply system shall have such water tank inspected at
least once annually. Such inspection shall ensure that the water tank
complies with all provisions of the administrative code of the city of
New York, the construction codes of the city of New York and the health
code of the city of New York. The results of such inspection shall be
recorded in a manner prescribed by the commissioner. Such results shall
be maintained by the owner for at least five years from the date of
inspection and shall be made available to the department upon request
within five business days. The department shall request such information
from the building owner or manager when contacted pursuant to
subdivision c of this section.
c. The owner of a building shall post a notice stating that (i) the
water tank inspection results are maintained on file in a specific
location and will be made available when a person makes such a request
to either the building owner or manager and (ii) that a person may
contact the department if the inspection results are not made available
to such person by the building owner or manager. Upon receipt of such
request, the owner or manager shall make a copy of the inspection
results available within five business days. Such notice shall be posted
in a location easily accessible to tenants and in a frame with a
transparent cover, and may be combined with similar notices where not
otherwise prohibited by law.
d. Beginning March 1, 2010, and each year thereafter for three years,
the department shall submit to the council a report which shall provide
information about water tank inspections for the preceding calendar year
including, but not limited to:
1. the estimated number of building water tanks and the estimated
number of buildings serviced by such tanks;
2. the number of building water tank inspection results examined by
the department and the number that were in compliance with subdivision b
of this section;
3. the estimated compliance rate with subdivision b of this section
for the city; and
4. the number of violations issued by the department pursuant to
subdivision e of this section.
e. Any owner of a building who violates subdivision b of this section
or any of the rules promulgated thereunder shall be liable for a civil
penalty not less than two hundred and not to exceed two thousand dollars
for each violation. Any owner of a building who violates subdivision c
of this section or any of the rules promulgated thereunder shall be
liable for a civil penalty not to exceed two hundred fifty dollars for
each violation.
Section 17-195.
§ 17-195. Food allergy posters. a. Definitions. 1. "Covered languages"
shall mean Chinese, English, Korean, Russian and Spanish, and any other
language determined by the department.
2. "Food service establishment" shall have the meaning as such term is
defined in section 81.03 of the health code of the city of New York,
except that it shall apply exclusively to restaurants where food is sold
and space is designated specifically as an eating area.
b. The department shall create a poster containing information on food
allergy to be posted in food service establishments. Such poster shall
be printed in the covered languages and shall be made available by the
department to food service establishments.
c. Every food service establishment shall post, in accordance with the
rules of the department, the poster containing information on food
allergy created by the department pursuant to subdivision b of this
section in a conspicuous location accessible to all employees involved
in the preparation of food and the service of food.
d. The department may charge a fee to cover printing, postage and
handling expenses in connection with making the poster available to food
service establishments.
e. Any food service establishment that violates subdivision c of this
section or any of the rules promulgated thereunder shall be liable for a
civil penalty not to exceed one hundred dollars for each violation.
Section 17-196
§ 17-196 Electronic death registration system. a. Definition. For the
purposes of this section, the term "responsible person" shall mean any
individual, governmental body or division thereof or corporate entity
authorized by the department to use the electronic death registration
system.
b. Development of an electronic death registration system. The
department shall, subject to the approval of the board of health,
develop an electronic death registration system. Such electronic death
registration system shall include an internet based electronic method of
collecting, storing, recording, transmitting, amending and
authenticating information necessary to complete a death registration.
Such system shall enable the department to produce certified death
certificates and amended death certificates, as well as burial,
transportation, cremation and disinterment permits, and any such other
related documents determined by the department as capable of being
produced and transmitted by such system. Such system shall, with the
exception of certified death certificates and amended death
certificates, be able to transmit information and documents to remote
local printers or facsimile machines of responsible persons for
printing. Such system shall include an electronic payment system by
which all fees, including, but not limited to, those relating to data
recordation and the issuance of permits and certified copies of death
certificates, may be transmitted to the department. The department shall
ensure that the electronic death registration system be designed in such
a way so as to best facilitate convenient access by responsible persons
in a manner consistent with ensuring system security.
c. Implementation. (i) By October 1, 2006, the department shall ensure
that at least sixty percent of all deaths occurring within the city of
New York are registered via the electronic death registration system.
(ii) By October 1, 2008, the department shall ensure that the electronic
death registration system is accessible to all responsible persons who
seek to use such system for the registration of deaths occurring within
the city of New York and that at least seventy-five percent of all
deaths occurring within the city of New York are registered via such
system.
d. Emergency events; exceptions. In the event of an emergency declared
by the commissioner or the mayor, or exigent circumstances declared by
the commissioner or chief medical examiner on a case-by-case basis, the
electronic death registration system shall not be required as the means
for the registration of deaths.
e. Training and certification. By October 1, 2004, the department
shall develop a training curriculum and implement a training program
based on such curriculum to train all responsible persons and their
designees pursuant to subdivision f of this section in the operation and
use of the electronic death registration system. The department shall
ensure that such training program be offered at least four times a year
at various locations throughout the city of New York at a price
reasonably related to the cost of providing such training. Such programs
may be operated by the department or by a private entity, including, but
not limited to, health care facilities and relevant professional
associations and societies, pursuant to an agreement with the
department. At the successful completion of such training, such
responsible persons and their designees shall receive a certification
from the department indicating that such training was successfully
completed.
f. Access. (i) A responsible person may designate one or more
employees of such responsible person to input information into the
electronic death registration system under the supervision of such
responsible person, but who are not authorized to authenticate such
information. (ii) By November 1, 2004, the department shall provide at
least two computer workstations at all burial desks operated by the
office of vital statistics for the use of responsible persons to input
information into the electronic death registration system.
g. Violations. Any responsible person who violates any rules
promulgated pursuant to this section shall be liable to pay a penalty as
provided by the health code of the city of New York, the administrative
code of the city of New York or any other applicable law, rule or
regulation.
h. Advisory panel. Not later than sixty days after the effective date
of the local law that added this section, there shall be established
within the department an advisory panel to advise the commissioner on
issues relating to the design, implementation and maintenance of the
electronic death registration system. Such advisory panel shall consist
of the commissioner or his or her designee, the chief medical examiner
or his or her designee and at least eight additional members, four of
whom shall be appointed by the mayor and four of whom shall be appointed
by the speaker of the city council. With respect to the mayor's
appointments, one shall represent the interests of private hospitals
operating within the city, one shall represent the interests of public
hospitals operating within the city and two shall represent the
interests of funeral directors operating within the city. With respect
to the appointments by the speaker of the city council, one shall
represent the interests of private hospitals operating within the city,
one shall represent the interests of public hospitals operating within
the city and two shall represent the interests of funeral directors
operating within the city. All members of the advisory panel shall serve
without compensation. The commissioner or his or her designee shall
serve as the chair of such advisory panel. The advisory panel shall be
convened at least four times each year and shall be disbanded on October
1, 2009.
i. Report. Not later than six months after the effective date of the
local law that added this section, and every six months thereafter, the
department shall submit a report to the mayor and the council reviewing
the development and implementation of the electronic death registration
system.
j. Rules. By November 1, 2004, the department shall promulgate rules
in accordance with this section, and such other rules as may be
necessary for the purpose of implementing and carrying out the
provisions of this section. Such rules shall include a schedule of fees
relating to the issuance of permits and certified death certificates
that are reasonably related to the cost of operating and maintaining the
electronic death registration system.
Section 17-197
§ 17-197 Restraining animals outdoors. a. (1) No person shall tether,
leash, fasten, secure, restrain, chain or tie an animal to a stationary
object outdoors, or cause such animal to be so restrained, for longer
than three continuous hours in any continuous twelve-hour period. (2)
Any person who tethers, leashes, fastens, secures, restrains, chains or
ties an animal to a stationary object outdoors for a permissible period
of time shall provide such animal with adequate food, water and shelter,
and shall restrain the animal with a device having swivels at both ends
that is of an adequate length for the type and size of animal being
restrained, provided, however, that the requirement to provide adequate
food, water and shelter shall not apply to a person who restrains an
animal while completing a task for a period of time that is fifteen
minutes or less in duration.
b. Notwithstanding the provisions of subdivision a of this section, no
person shall tether, leash, fasten, chain, tie, secure or restrain any
animal for any amount of time with a device that:
(1) is a choke collar or pinch collar;
(2) has weights attached or contains links that are more than
one-quarter inch thick;
(3) because of its design or placement is likely to become entangled;
(4) is long enough to allow the animal to move outside of its owner's
property; and
(5) would allow the restrained animal to move over an object or edge
that could result in the strangulation of or injury to such animal.
c. Any person who violates the provisions of this section or any of
the rules promulgated thereunder shall, for a first offense, be guilty
of a violation punishable by a fine not to exceed two hundred fifty
dollars, provided that such person shall be issued a written warning
instead of such fine for such first offense where such animal was not
injured as a result of being restrained in violation of this section.
For any subsequent offense within a continuous twelve-month period, such
person shall be guilty of a class B misdemeanor punishable by a fine not
to exceed five hundred dollars or by imprisonment of not more than three
months, or both. In addition to such penalties, any person who violates
this section shall be liable for a civil penalty of not less than two
hundred fifty dollars nor more than five hundred dollars.
d. Authorized officers, veterinarians and employees of the department,
agents of the American Society for the Prevention of Cruelty to Animals
and any other persons designated by the commissioner shall be empowered
to enforce the provisions of this section or any rule promulgated
hereunder. Violations of this section may be supported by evidence
including, but not limited to, time-stamped photographs and video,
records of complaints, and sworn witness statements.
e. The provisions of this section shall not be construed to prohibit
the department, the American Society for the Prevention of Cruelty to
Animals or any law enforcement officer from enforcing any other law,
rule or regulation regarding the humane treatment of animals.
f. The provisions of subdivision (a) of this section shall not apply
to the officers or employees of any federal, state or city law
enforcement agency.
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.