§ 10-101 Communication of alarms.
The owners and proprietors of all manufactories, hotels, tenement houses, apartment houses, office buildings, boarding and lodging-houses, warehouses, stores and offices, theatres and music halls, and the authorities or persons having charge of all hospitals and asylums, and of the public schools and other public buildings, churches and other places where large numbers of persons are congregated for purposes of worship, instruction or amusement, and all piers, bulkheads, wharves, pier sheds, bulkhead sheds or other waterfront structures, shall provide such means of communicating alarms of accident or danger to the police department, as the police commissioner may prescribe.
§ 10-102 Permit for equipping automobiles with radio receiving sets capable of receiving signals on frequencies allocated for police use; fee.
§ 10-103 Use of devices to decode coded police transmission via radio or television prohibited.
§ 10-104 Suppression of gaming and other houses.
If any two or more householders shall report in writing, over their signatures, to the police commissioner or to a deputy police commissioner, that there are good grounds, stating the same, for believing any house, room or premises within the city to be kept or used as a common gambling-house, common gaming-room, or common gaming premises, for playing for wagers of money at any game of chance therein, or to be kept or used for lewd and obscene purposes or amusements, or the deposit or sale of lottery tickets or lottery policies, it shall be lawful for the police commissioner or either of the commissioner’s deputies to authorize, in writing, any member or members of the force to enter the same who may forthwith arrest all persons there found offending against law, but none other; and seize all implements of gaming or lottery policies, and convey any person so arrested before a judge of the criminal court, and bring the articles so seized to the office of the property clerk. It shall be the duty of such police commissioner or deputy police commissioner to cause such arrested person to be rigorously prosecuted, and such articles seized to be destroyed, as the orders, rules and regulations of the commissioner shall direct.
§ 10-105 Duties re-elections.
It shall be the duty of the police force, or any member thereof, to prevent any booth, or box, or structure for the distribution of tickets at any election from being erected or maintained within one hundred fifty feet of any polling place within the city, and summarily to remove any such booth, box or structure, or to close and prevent the use thereof.
§ 10-106 Reporting and depositing lost money or property.
§ 10-107 Yellow flashing lights on volunteer emergency vehicles.
1. “Volunteer vehicles”. Any commercial or privately owned non-commercial vehicle, the owner or operator of which is enrolled as a member of a duly recognized organization whose function is to volunteer assistance to the New York city police department in the patrolling of New York city roadways.
2. “Assistance”. Serving in any highway patrol activity to keep traffic moving, direct traffic around accidents, check on stalled cars.
§ 10-108 Regulation of sound devices or apparatus.
1. The term “public holidays” shall mean those days expressly set forth in section twenty-four of the general construction law.
2. The term “sound device or apparatus” shall mean any radio device or apparatus, or any device or apparatus for the amplification of any sounds from any radio, phonograph, or other sound-making or sound-producing device, or any device or apparatus for the reproduction or amplification of the human voice or other sounds;
3. The phrase “to use or operate any sound device or apparatus in, on, near or adjacent to any public street, park or place,” shall mean to use or operate or cause to be used or operated any sound device or apparatus in front or outside of any building, place or premises, or in or through any window, doorway or opening of such building, place or premises, abutting on or adjacent to a public street, park or place, or in or upon any vehicle operated, standing or being in or on any public street, park or place, where the sounds therefrom may be heard upon any public street, park or place, or from any stand, platform or other structure, or from any other airplane or other device used for flying, flying over the city, or on a boat or on the waters within the jurisdiction of the city, or anywhere on the public streets, parks or places.
1. In any location within five hundred feet of a school, courthouse or church, during the hours of school, court or worship, respectively, or within five hundred feet of any hospital or similar institution;
2. In any location where the commissioner, upon investigation, shall determine that the conditions of vehicular or pedestrian traffic or both are such that the use of such a device or apparatus will constitute a threat to the safety of pedestrians or vehicular operators;
3. In any location where the commissioner, upon investigation, shall determine that conditions of overcrowding or of street repair or other physical conditions are such that the use of a sound device or apparatus will deprive the public of the right to the safe, comfortable, convenient and peaceful enjoyment of any public street, park or place for street, park or other public purposes, or will constitute a threat to the safety of pedestrians or vehicle operators;
4. In or on any vehicle or other device while it is in transit;
5. Between the hours of ten p.m. and nine a.m.; or
6. Between the hours of eight p.m. or sunset, whichever is later, and nine a.m. on weekdays and between the hours of eight p.m. or sunset, whichever is later, and ten a.m. on weekends and public holidays, in any location within fifty feet of any building that is lawfully occupied for residential use. The distance of fifty feet shall be measured in a straight line from the point on the exterior wall of such building nearest to any point in the location for which the permit is sought.
1. Any person who shall violate any provision of this section, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars or imprisonment for thirty days, or both.
2. Any person who shall violate any provision of this section, any rule promulgated pursuant thereto or the terms of a permit issued pursuant to subdivision f of this section, shall be liable for a civil penalty recoverable in a civil action brought in the name of the police commissioner or the commissioner of environmental protection or in a proceeding before the environmental control board in an amount of two hundred fifty dollars for the first violation, five hundred dollars for the second violation and seven hundred fifty dollars for the third and each subsequent violation. However, any person who commits a fourth and any subsequent violation within a period of six months shall be classified as a persistent violator and shall be liable for a civil penalty of one thousand dollars for each such violation.
§ 10-110 Processions and parades.
1. It shall be unlawful for the police commissioner to grant a permit where the commissioner has good reason to believe that the proposed procession, parade or race will be disorderly in character or tend to disturb the public peace;
2. It shall be unlawful for the police commissioner to grant a permit for the use of any street or any public place, or material portion thereof, which is ordinarily subject to great congestion or traffic and is chiefly of a business or mercantile character, except, upon loyalty day, or upon those holidays or Sundays when places of business along the route proposed are closed, or on other days between the hours of six thirty post meridian and nine ante meridian;
3. Each such permit shall designate specifically the route through which the procession, parade or race shall move, and it may also specify the width of the roadway to be used, and may include such rules and regulations as the police commissioner may deem necessary;
4. Special permits for occasions of extraordinary public interest, not annual or customary, or not so intended to be, may be granted by the commissioner for any street or public place, and for any day or hour, with the written approval of the mayor;
5. The chief officer of any procession, parade or race, for which a permit may be granted by the police commissioner, shall be responsible for the strict observance of all rules and regulations included in said permit.
1. To the ordinary and necessary movements of the United States army, United States navy, national guard, police department and fire department; or
2. To such portion of any street as may have already been, or may hereafter be duly, set aside as a speedway; or
3. To processions or parades which have marched annually upon the streets for more than ten years, previous to July seventh, nineteen hundred fourteen.
§ 10-111 Unattended vehicles.
§ 10-112 Parking of trailers in vacant lots.
It shall be unlawful to park any automobile trailer or house car for living or sleeping purposes in any vacant lot unless the owner or operator of such trailer or house car shall have obtained the written permission of the owner of such vacant lot and there has been full compliance with the provisions of the health code. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor.
§ 10-113 Parking of motor vehicles in vacant lots.
It shall be unlawful to park any motor vehicle in any vacant lot for which a driveway across the sidewalk has not been authorized pursuant to the provisions of the code. Any person who shall violate the provisions of this section and the owner of any motor vehicle parked in violation of this section by any person using the same with the permission, express or implied, of said owner, shall be guilty of an offense punishable by a fine of not to exceed fifty dollars or by imprisonment not to exceed ten days or by both such fine and imprisonment. The provisions of this section shall not apply to parking lots or parking spaces referred to in section 20-322 of the code. An appearance ticket charging violation of this section may be issued and served pursuant to the provisions of article one hundred fifty of the criminal procedure law.
§ 10-114 Street shows.
§ 10-115 Solicitation of pedestrians by pullers-in.
§ 10-116 Damaging houses of religious worship or religious articles therein prohibited.
Any person who wilfully and without authority breaks, defaces or otherwise damages any house of religious worship or any portion thereof, or any appurtenances thereto, including religious figures or religious monuments, or any book, scroll, ark, furniture, ornaments, musical instrument, article of silver or plated ware, or any other chattel contained therein for use in connection with religious worship, or any person who knowingly aids, abets, conceals or in any way assists any such person shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or by a fine of not more than two thousand five hundred nor less than five hundred dollars, or both. In addition, any person violating this section shall be subject to a civil penalty of not less than ten thousand dollars and not more than twenty-five thousand dollars. Such civil penalty shall be in addition to any criminal penalty or sanction that may be imposed, and such civil penalty shall not limit or preclude any cause of action available to any person or entity aggrieved by any of the acts prohibited by this section.
§ 10-117 Defacement of property, possession, sale and display of aerosol spray paint cans, broad tipped markers and etching acid prohibited in certain instances.
a-1. For purposes of this section, “property of another” shall mean all property, including real property, that is not owned, rented, or leased by a person; provided that such term shall not include a location that serves as such person’s residence.
a-2. For purposes of this section, “educational facility” shall mean any building affiliated with an institution that maintains a list of enrolled students and is used for educational purposes for more than twelve (12) hours per week for more than six (6) students.
c-1. No person under twenty-one years of age shall possess an aerosol spray paint can, broad tipped indelible marker or etching acid in or on the property of another. This subdivision shall not be deemed to prohibit the possession of an aerosol spray paint can, broad tipped indelible marker or etching acid where such item is contained in a manufacturer-sealed package or completely enclosed in a locked container, which shall include bags, backpacks, briefcases and other containers that can be closed and secured with a key or combination lock.
c-2. This section shall not apply to any person possessing an aerosol spray paint can, broad tipped indelible marker or etching acid while in or on the property of another in violation of subdivision c-1 of this section, where:
(1) the owner, operator or other person having control of the property, building or facility consented in writing to the use or possession of the aerosol spray paint can, broad tipped indelible marker or etching acid; or
(2) such person uses or possesses the aerosol spray paint can, broad tipped indelible marker or etching acid under the supervision of the owner or person in control of such property; or
(3) such person is at his or her place of employment and the aerosol spray paint can, broad tipped indelible marker or etching acid was, will be or is being used during the course of such employment and used only with written permission from, or under the supervision of his or her employer or such employer’s agent; or
(4) such person is at an educational facility and uses or will use the aerosol spray paint can, broad tipped indelible marker or etching acid at the educational facility, where he or she is enrolled, and is participating in a class at the educational facility that requires the use or possession of such items; or
(5) such person is on the property of another and uses or will use the aerosol spray paint can, broad tipped indelible marker or etching acid in or on the property of another if such use or possession is necessary to participate in a government-sponsored function or in other circumstances where a government agency gives its consent to such use or possession.
§ 10-117.1 Anti-graffiti task force.
1. Assess the scope and nature of the city’s graffiti problem, including geographical concentration, perpetrator profile and future trends.
2. Examine the effectiveness of existing provisions of law aimed at curbing graffiti vandalism, and propose amendments to strengthen such legislation.
3. Review current law enforcement activity, clarify enforcement responsibility and suggest ways to augment enforcement capability.
4. Identify all existing public and private anti-graffiti programs citywide and in each borough.
5. Survey efforts to combat graffiti in other jurisdictions, consider the replication of such programs in New York city and recommend further programmatic initiatives.
6. Propose a coordinated, comprehensive anti-graffiti program encompassing prevention, education, removal and enforcement.
7. Maintain regular and systematic contact with civic associations, community boards and other concerned groups and individuals.
8. Assist in the establishment of borough and community anti-graffiti task forces.
§ 10-117.2 Rewards for providing information leading to apprehension, prosecution or conviction of a person for crimes involving graffiti vandalism.
The mayor, upon the recommendation of the police commissioner, shall be authorized to offer and pay a reward in an amount not exceeding five hundred dollars to any person who provides information leading to the apprehension, prosecution or conviction of any person who may have violated the provisions of subdivision a or b of section 10-117 of this chapter, or who may have committed any other crime where the unlawful conduct included the conduct described in subdivision a or b of such section. No police officer, peace officer or any other law enforcement officer, and no officer, official or employee of the city of New York shall be entitled, directly or indirectly, to collect or receive any such reward.
§ 10-117.3 Remedies for failure to remove graffiti from certain premises.
1. “Graffiti” means any letter, word, name, number, symbol, slogan, message, drawing, picture, writing or other mark of any kind visible to the public from a public place that is drawn, painted, chiseled, scratched, or etched on a commercial building or residential building, or any portion thereof, including fencing, that is not consented to by the owner of the commercial building or residential building. There shall be a rebuttable presumption that such letter, word, name, number, symbol, slogan, message, drawing, picture, writing or other mark of any kind is not consented to by the owner. Such presumption may be rebutted by the owner informing the city that the owner consents to the marking and intends that it remain on the building.
2. “Commercial building” means any building that is used, or any building a portion of which is used, for buying, selling or otherwise providing goods or services, or for other lawful business, commercial, professional services or manufacturing activities.
3. “Residential building” means any building containing one or more dwelling units.
4. “Public place” means a place to which the public or a substantial group of persons has access including, but not limited to, any highway, street, road, sidewalk, parking area, plaza, shopping area, place of amusement, playground, park, beach or transportation facility.
1. The notice that the property has been determined to be a nuisance as a result of graffiti on such property shall be provided (a) to the owner of a commercial or residential building by mailing a copy of such notice to the address of such building, if any, appearing in the latest assessment roll, (b) to the owner of record at the address provided by such owner to the commissioner of finance for communications from the commissioner of finance, and (c) if the address filed with the department of housing preservation and development in compliance with article two of subchapter four of chapter two of title twenty-seven of this code is different than the addresses described in subparagraphs (a) and (b) of this paragraph, to the person registered with the department of housing preservation and development as the owner or agent of the premises, at the address filed with such department in compliance with article two of subchapter four of chapter two of title twenty-seven of this code.
2. Such written notice shall, at a minimum: (a) describe the city’s graffiti removal services; (b) identify the property that has become a nuisance; (c) indicate that, if an owner, within thirty-five days of the date of such notice, or within fifty days of the date of such notice if such owner has requested an extension within the initial thirty-five day period, fails: (i) to abate the nuisance by removing or concealing the graffiti and to notify the city of such abatement, or (ii) to inform the city that the owner consents to the marking and intends that it remain on the building, the city and/or its contractors or agents may enter or access the property and use the means it determines appropriate to abate the nuisance by removing or concealing the graffiti; (d) indicate the method by which an owner may contact the city for the purpose of conveying any information or making any request in accordance with subdivision d of this section; and (e) provide a telephone number for the owner to call with any questions regarding the city’s graffiti removal services.
1. If an owner, within thirty-five days of the date of notice provided pursuant to subdivision d of this section, or within fifty days of the date of such notice if such owner has requested an extension within the initial thirty-five day period, fails to abate the nuisance by removing or concealing the graffiti and to notify the city of such abatement, or to inform the city that the owner consents to the marking and intends that it remain on the building, the city and/or its contractors or agents may enter or access the property and use the means it determines appropriate to abate the nuisance by removing or concealing the graffiti.
2. In no case shall the city be required to clean, paint, or repair any area more extensive than where the graffiti is located.
1. If, after entering or accessing the property pursuant to subdivision f of this section, the city has determined that it is necessary to enter a commercial or residential building in order to provide graffiti removal services, it shall request the express permission of the owner of such building to enter such building for the purpose of providing graffiti removal services. In making such request, the city shall notify the owner of such building that it has determined that it is necessary to enter the building in order to provide graffiti removal services, and that the owner may either
(a) grant permission for the city and/or its contractors or agents to enter such building for the purpose of providing graffiti removal services;
(b) abate the nuisance by removing or concealing the graffiti and notify the city of such abatement;
(c) inform the city that the owner consents to the marking and intends that it remain on the building. Such request shall indicate the method by which an owner may contact the city for the purpose of conveying any information or making any request in accordance with this section.
2. The failure of the owner to comply with subparagraph (a), (b) or (c) of paragraph one of this subdivision within thirty-five days of the date of such request, or within fifty days of the date of such request if such owner has requested an extension within the initial thirty-five day period, shall result in the issuance of a notice of violation pursuant to subdivision h of this section.
3. For purposes of this subdivision, “owner” shall mean the person registered with the department of housing preservation and development pursuant to article two of subchapter four of chapter two of title twenty-seven of this code as the owner or agent of the premises or the owner identified in records maintained by the commissioner of finance for communications from the commissioner of finance.
1. Notwithstanding any provision in this section to the contrary, where the city has determined that it is unable to provide graffiti removal services to a particular property, or to a specific location on the property, an agency or agencies designated by the mayor shall serve a notice of violation, in the manner prescribed in paragraph two of subdivision d of section 1049-a of the charter, on the owner of the property. Such notice shall indicate that the owner is in violation of subdivision b of this section and that the failure to remove or conceal the graffiti within sixty days of receipt of the notice or to consent to the marking shall result in the imposition of a penalty as set forth in subdivision i of this section.
2. Notwithstanding paragraph one of this subdivision, a residential building containing fewer than six dwelling units shall not be issued a notice of violation pursuant to this subdivision.
3. Notwithstanding paragraph one of this subdivision, a residential building containing six or more dwelling units or a commercial building shall not be issued a notice of violation pursuant to this subdivision more than once in any sixty-day period.
4. Notwithstanding paragraph one of this subdivision, a commercial or residential building whose owner has granted permission for the city and/or its contractors or agents pursuant to subdivision g of this section to enter such building for the purpose of providing graffiti removal services shall not be issued a notice of violation pursuant to this subdivision.
§ 10-118 Destruction or removal of property in buildings or structures.
(a) No person other than the owner of a building or structure, the duly authorized agent of such owner, or an appropriate legal authority shall destroy or remove any part of such building or structure.
§ 10-118.1 Theft of manhole covers.
§ 10-119 Posting.
§ 10-120 Protection of city advertisements.
It shall be unlawful for any person to tear down, deface or destroy any notice, handbill, sign, advertisement, poster, sticker or other printed material, put up or posted by, or under the direction of the council, or by or under the direction of any city agency or pursuant to a franchise, concession or revocable consent granted pursuant to chaper fourteen of the charter.
§ 10-121 Violation.
§ 10-121.1 Rewards for providing information leading to criminal conviction of a person for unlawful posting.
The mayor, upon the recommendation of the sanitation commissioner, the transportation commissioner, the parks and recreation commissioner, the citywide administrative services commissioner or the police commissioner, shall be authorized to offer and pay a reward in an amount not exceeding five hundred dollars to any person who provides information leading to the criminal conviction of any person who may have violated the provisions of section 10-119 or section 10-120 of the code. No police officer, peace officer or any other law enforcement officer, and no officer, official or employee of the city of New York shall be entitled, directly or indirectly, to collect or receive any such reward.
§ 10-122 Motor boats; operation adjacent to bathing beaches.
It shall be unlawful for any person to operate a motor boat within three hundred feet of any public beach used by bathers. Any person who shall violate or refuse to comply with the provisions of this section shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars or by imprisonment not exceeding three months or by both such fine and imprisonment.
§ 10-123 Bathing in public.
It shall be unlawful for any person to swim or bathe in any of the waters within the jurisdiction of the city, except in public or private bathing houses, unless covered with a bathing suit so as to prevent any indecent exposure of the person; and it shall be unlawful for any person to dress or undress in any place exposed to view. Any person who shall violate or refuse to comply with the provisions of this section shall, upon conviction thereof, be punished by a fine of not more than ten dollars or by imprisonment not exceeding ten days or by both such fine and imprisonment.
§ 10-124 Wearing of bathing suits on streets prohibited. [Repealed]
1. Alcoholic beverage. Any liquid intended for human consumption containing more than one-half of one percent (.005) of alcohol by volume.
2. Public place. A place to which the public or a substantial group of persons has access including, but not limited to, any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park or beach located within the city except that the definition of a public place shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within their own private property. Such public place shall also include the interior of any stationary motor vehicle which is on any highway, street, road, parking area, shopping area, playground, park or beach located within the city.
§ 10-126 Avigation in and over the city.
1. “Aircraft.” Any contrivance, now or hereafter invented for avigation or flight in the air, including a captive balloon, except a parachute or other contrivance designed for use, and carried primarily as safety equipment.
2. “Place of landing.” Any authorized airport, aircraft landing site, sky port or seaplane base in the port of New York or in the limits of the city.
3. “Limits of the city.” The water, waterways and land under the jurisdiction of the city and the air space above same.
4. “Avigate.” To pilot, steer, direct, fly or manage an aircraft in or through the air, whether controlled from the ground or otherwise.
5. “Congested area.” Any land terrain within the limits of the city.
6. “Person.” A natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization.
1. It shall be unlawful for any person to use, suffer or permit to be used advertising in the form of towing banners from or upon an aircraft over the limits of the city, or to drop advertising matter in the form of pamphlets, circulars, or other objects from an aircraft over the limits of the city, or to use a loud speaker or other sound device for advertising from an aircraft over the limits of the city. Any person who employs another to avigate an aircraft for advertising in violation of this subdivision shall be guilty of a violation hereof.
2. Any person who employs, procures or induces another to operate, avigate, lend, lease or donate any aircraft as defined in this section for the purpose of advertising in violation of this subdivision shall be guilty of a violation hereof.
3. The use of the name of any person or of any proprietor, vendor or exhibitor in connection with such advertising shall be presumptive evidence that such advertising was conducted with his or her knowledge and consent.
§ 10-127 Commercial vehicles to display name and address of owner.
1. The word “commercial vehicle,” shall mean any vehicle, either horse drawn or motor driven, used, constructed or equipped for the transportation of goods, wares or merchandise in trade or commerce.
§ 10-128 Declaration of intent; dress of female employees in places of public accommodation.
It is hereby declared, as a matter of public policy, that the attire and appearance of females employed in cabarets, dance halls, catering establishments, coffee houses, hotels, restaurants or other places of public accommodations as hostesses, waitresses, cashiers, barmaids or in any capacity in which any such female comes in contact with or is likely to come in contact with the patrons of such establishments, attired in such a manner so that the breasts of such female employees are completely uncovered or covered only by a device attached to the nipples of each breast, is offensive to common decency, abhorrent to the standards of continence of the community and inimical to the general welfare of the people of the city of New York and in order that the peace, health, safety and general welfare of the inhabitants of the city may be protected and insured such conduct is prohibited as hereinafter provided.
§ 10-129 Prohibited acts.
§ 10-130 Punishment.
Any person or persons who violate any of the provisions of section 10-129 shall be guilty of an offense and upon conviction thereof shall be punished by imprisonment for not more than thirty days or by a fine of not less than fifty dollars nor more than one hundred dollars or by both such fine and imprisonment and if any person shall have been previously convicted of a violation of section 10-129, he or she shall upon any subsequent conviction be punished by imprisonment of not less than ten days nor more than sixty days or by a fine of not less than one hundred dollars nor more than five hundred dollars or by both such fine and imprisonment.
§ 10-131 Firearms.
1. The police commissioner shall grant and issue licenses hereunder pursuant to the provisions of article four hundred of the penal law. Unless they indicate otherwise, such licenses and permits shall expire on the first day of the second January after the date of issuance.
2. Every license to carry or possess a pistol or revolver in the city may be issued for a term of no less than one or more than three years. Every applicant for a license to carry or possess a pistol or revolver in the city shall pay therefor, a fee of three hundred forty dollars for each original or renewal application for a three year license period or part thereof, a fee of ten dollars for each replacement application of a lost license.
3. Every applicant to whom a license has been issued by any person other than the police commissioner, except as provided in paragraph five of this subdivision, for a special permit from the commissioner granting it validity within the city of New York, shall pay for such permit a fee of three hundred forty dollars, for each renewal a fee of three hundred forty dollars, for each replacement of a lost permit a fee of ten dollars.
4. Fees paid as provided herein shall not be refunded in the event that an original or renewal application, or a special validation permit application, is denied by the police commissioner.
5. A fee shall not be charged or collected for a license to have and carry concealed a pistol or revolver which shall be issued upon the application of the commissioner of correction or the warden or superintendent of any prison, penitentiary, workhouse or other institution for the detention of persons convicted or accused of crime or offense, or held as witnesses in criminal cases in the city.
6. The fees prescribed by this subdivision shall be collected by the police commissioner, and shall be paid into the general fund of the city established pursuant to section one hundred nine of the charter, and a return in detail shall be made to the comptroller by such commissioner of the fees so collected and paid over by the commissioner.
7. A fee shall not be charged or collected for the issuance of a license, or the renewal thereof, to have and carry concealed a pistol or revolver which is issued upon the application of a qualified retired police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law, or a qualified retired bridge and tunnel officer, sergeant or lieutenant of the triborough bridge and tunnel authority as defined under subdivision twenty of section 2.10 of the criminal procedure law, or a qualified retired uniformed court officer in the unified court system, or a qualified retired court clerk in the unified court system in the first and second judicial departments, as defined in paragraphs a and b of subdivision twenty-one of section 2.10 of the criminal procedure law or a retired correction officer as defined in subdivision twenty-five of section 2.10 of the criminal procedure law or a qualified retired sheriff, undersheriff or deputy sheriff of the city of New York as defined under subdivision two of section 2.10 of the criminal procedure law.
1. It shall be unlawful for any person to sell, offer to sell or have in such person’s possession any air pistol or air rifle or similar instrument in which the propelling force is a spring or air, except that the sale of such instruments if accompanied by delivery to a point without the city, and possession for such purpose, shall not be unlawful if such person shall have secured an annual license from the police commissioner of the city authorizing such sale and possession. The sale and delivery of such instruments within the city from one licensee to another licensee, and the use of such instruments in connection with an amusement licensed by the department of consumer affairs or at rifle or pistol ranges duly authorized by law shall not be considered a violation of this subdivision.
2. All persons dealing in such instruments referred to in this subdivision, shall keep a record showing the name and address of each person purchasing such instrument or instruments, together with place of delivery and said record shall be open to inspection during regular business hours by the officers of the police department of the city.
3. Every person to whom a license shall be granted to sell, possess and deliver the instruments described in this subdivision shall pay therefor an annual fee of ten dollars.
1. It shall be unlawful for any person to manufacture, sell or offer for sale, possess or use, or attempt to use, any lachrymating, asphyxiating, incapacitating or deleterious gas or gases, or liquid or liquids, or chemical or chemicals, without a permit issued by the police commissioner under such regulations as the commissioner or the council may prescribe; nor shall any person manufacture, sell or offer for sale, possess or use any weapon, candle, device, or any instrument of any kind designed to discharge, emit, release or use any lachrymating, asphyxiating, incapacitating or other deleterious gas or gases, or liquid or liquids, or chemical or chemicals, without a similar permit, similarly issued, except that the members of the police department in the line of duty may possess or use any such gas, liquid or chemical.
2. Applicants for permits under the provisions of this subdivision shall pay annual fees as follows:
|
$10.00 |
|---|---|
| Renewals | $5.00 |
|
$25.00 |
| Renewals | $5.00 |
|
$100.00 |
|
$100.00 |
|
$50.00 |
|
$50.00 |
|
$5.00 |
~
(a) the entire exterior surface of such toy or imitation firearm is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or
(b) such toy or imitation firearm is constructed entirely of transparent or translucent materials which permits unmistakable observation of the imitation or toy firearm’s complete contents; and
(c) the barrel of such toy or imitation firearm, other than the barrel of any such toy or imitation firearm that is a water gun, is closed with the same material of which the toy or imitation firearm is made for a distance of not less than one-half inch from the front end of said barrel, and;
(d) such toy or imitation firearm has legibly stamped thereon, the name of the manufacturer or some trade name, mark or brand by which the manufacturer can be readily identified; and
(e) such toy or imitation or firearm does not have attached thereto a laser pointer, as defined in paragraph one of subdivision a of section 10-134.2 of this code.
2. Paragraph one of this subdivision shall not apply to:
(a) the possession or display of toy or imitation firearms by a manufacturer or dealer solely for purposes of sales that are accompanied by delivery to a point without the city;
(b) any toy or imitation firearm that will be used only for or in the production of television programs or theatrical or motion picture presentations, provided, however, that such use of any toy or imitation firearm complies with all applicable laws, rules or regulations concerning request and receipt of waivers authorizing such use;
(c) non-firing collector replica antique firearms, which look authentic and may be a scale model but are not intended as toys modeled on real firearms designed, manufactured and produced prior to 1898;
(d) decorative, ornamental, and miniature objects having the appearance, shape and/or configuration of a firearm, including those intended to be displayed on a desk or worn on items such as bracelets, necklaces and key chains, provided that the objects measure no more than thirty-eight (38) millimeters in height by seventy (70) millimeters in length, the length measurement excluding any gun stock length measurement.
3. (a) Authorized agents and employees of the department of consumer affairs, and of any other agency designated by the mayor, shall have the authority to enforce the provisions of this subdivision. A proceeding to recover any civil penalty pursuant to this subdivision shall be commenced by service of a notice of hearing that shall be returnable to the administrative tribunal of the department of consumer affairs. The administrative tribunal of such department shall have the power to impose civil penalties for a violation of this subdivision of not less than one thousand dollars nor more than five thousand dollars for the first offense and not less than three thousand dollars nor more than eight thousand dollars for each succeeding offense occurring within two years of the first offense, without regard to whether the first offense involved a toy or imitation firearm of the same model involved in any succeeding offense. For the purposes of this subdivision, selling, offering for sale, possessing, using or attempting to use or give away any single toy or imitation firearm in violation of this subdivision shall be considered a single violation.
(b) If any person is found to have violated the provisions of paragraph one of this subdivision on three or more separate occasions within two years, then, in addition to imposing the penalties set forth in subparagraph (a) of this paragraph, the department shall be authorized to order that any or all premises operated by such person where the violations occurred be sealed for a period not to exceed five consecutive days, except that such premises may be entered with the permission of the department solely for actions necessary to remedy past violations of this subdivision or prevent future violations. Notice of any third violation for engaging in a violation of paragraph one of this subdivision shall state that premises may be ordered sealed after a finding of a third violation and specify which premises may be subject to sealing. For the purpose of this subparagraph, any violations at a place of business operated by a different person shall not be included in determining the number of violations of any subsequent operator of a business at that location unless the commissioner establishes that the subsequent operator of such business did not acquire the premises or business through an arm’s length transaction as defined in subparagraph (c) of this paragraph or that the sale or lease was conducted, in whole or in part, for the purpose of permitting the previous operator of the business who had been found guilty of violating paragraph one at such premises to avoid the effect of violations on the premises. The procedures provided for in subdivisions c, e, f, i, and j of section 20-105 of title twenty of this code shall apply to an order of the commissioner for sealing of such premises.
(c) For purposes of subparagraph (b) of this paragraph, “arm’s length transaction” means a sale of a fee or all undivided interests in real property, or a lease of any part thereof, or a sale of a business, in good faith and for valuable consideration, that reflects the fair market value of such real property or lease, or business, in the open market, between two informed and willing parties, where neither is under any compulsion to participate in the transaction, unaffected by any unusual conditions indicating a reasonable possibility that the sale or lease was made for the purpose of permitting the original operator to avoid the effect of violations on the premises. The following sales or leases shall be presumed not to be arm’s length transactions unless adequate documentation is provided demonstrating that the sale or lease was not conducted, in whole or in part, for the purpose of permitting the original operator to avoid the effect of violations on the premises:
(i) a sale between relatives, which term shall mean, for purposes of this paragraph, a person and his or her spouse, domestic partner, parent, grandparent, child, stepchild, or stepparent, or any person who is the direct descendant of the grandparents of the person or of the spouse or domestic partner of the person;
(ii) a sale between related companies or partners in a business; or
(iii) a sale or lease affected by other facts or circumstances that would indicate that the sale or lease is entered into for the primary purpose of permitting the original operator to avoid the effect of violations on the premises.
(d) For purposes of this paragraph:
(i) the term “department” shall refer to the department of consumer affairs; (ii) the term “commissioner” shall refer to the commissioner of the department of consumer affairs;
(iii) the term “premises” shall refer to land and improvements or appurtenances or any part thereof; and
(iv) companies shall be deemed “related” if an officer, principal, director, or stockholder owning more than ten percent of the outstanding stock of the corporation of one company is or has been an officer, principal, director, or stockholder owning more than ten percent of the outstanding stock of the other, but companies shall not be deemed related solely because they share employees other than officers, principals, or directors.
(e) A closing directed by the department pursuant to this paragraph shall not constitute an act of possession, ownership or control by the city of the closed premises.
(f) Mutilation or removal of a posted order of the commissioner or his designee shall be a violation punishable by a fine of not more than two hundred fifty dollars or by imprisonment not exceeding fifteen days, or both, provided such order contains therein a notice of such penalty. Any other intentional disobedience or resistance to any provision of the orders issued pursuant to this paragraph, including using or occupying or permitting any other person to use or occupy any premises ordered closed without the permission of the department as described in subparagraph (b) shall, in addition to any other punishment prescribed by law, be a misdemeanor punishable by a fine of not more than one thousand dollars , or by imprisonment not exceeding six months, or both.
4. Any person who shall violate this subdivision shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or imprisonment not exceeding one (1) year or both.
1. It shall be unlawful for any person to carry or possess a loaded rifle or shotgun in public within the city limits. Any person who shall violate this paragraph shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars, or imprisonment not exceeding one year, or by both such fine and imprisonment.
2. It shall be unlawful for any person to carry or possess an unloaded rifle or shotgun in public within the city limits unless such rifle or shotgun is completely enclosed, or contained, in a non-transparent carrying case. Any person who shall violate this paragraph shall be guilty of an offense punishable by a fine of not more than fifty dollars or by imprisonment not exceeding thirty days, or by both such fine and imprisonment.
3. The above provisions shall not apply to persons in the military service of the state of New York when duly authorized by regulations issued by the chief of staff to the governor to possess same, police officers and peace officers as defined in the criminal procedure law, or to participants in special events when authorized by the police commissioner.
2. It shall be unlawful for any dealer in firearms or dealer in rifles and shotguns to dispose of any pistol or revolver ammunition of a particular caliber to any person not authorized to possess a pistol or revolver of such caliber within the city of New York.
3. It shall be unlawful for any person not authorized to possess a pistol or revolver within the city of New York to possess pistol or revolver ammunition, provided that a dealer in rifles and shotguns may possess such ammunition.
4. It shall be unlawful for any person authorized to possess a pistol or revolver of a particular caliber within the city of New York to possess pistol or revolver ammunition of a different caliber.
5. Notwithstanding the provisions of paragraphs two, three and four of this subdivision, any person authorized to possess a rifle within the city of New York may possess ammunition suitable for use in such rifle and a dealer in firearms or dealer in rifles and shotguns may dispose of such ammunition to such person pursuant to section 10-306.
6. It shall be unlawful for any person to possess any ammunition feeding device designed for use in a firearm except as provided in subparagraphs (a), (b), (c), (d) and (e) of this paragraph.
(a) Any pistol or revolver licensee or permittee may possess an ammunition feeding device designed for use in the pistol or revolver such licensee or permittee is authorized to possess, provided that such ammunition feeding device is not capable of holding more than seventeen rounds of ammunition and provided further that such ammunition feeding device does not extend below the grip of the pistol or revolver.
(b) Any person who is exempt pursuant to section 265.20 of the penal law from provisions of the penal law relating to possession of a firearm and who is authorized pursuant to any provision of law to possess a firearm without a license or permit therefor, may possess an ammunition feeding device suitable for use in such firearm, subject to the same conditions as apply with respect to such person’s possession of such firearm.
(c) Any dealer in firearms may possess such ammunition feeding devices for the purpose of disposition authorized pursuant to paragraph seven of this subdivision.
(d) Any person who leases a firearm that has been certified by the commissioner as deactivated, from a dealer in firearms or a special theatrical dealer, for use during the course of any television, movie, stage or other similar theatrical production, or any professional photographer who leases a firearm that has been certified by the commissioner as deactivated, from a dealer in firearms or a special theatrical dealer, for use in the pursuance of his or her profession, may possess an ammunition feeding device suitable for use in such firearm, subject to the same conditions as apply with respect to such person’s possession of such firearm.
(e) Any special theatrical dealer may possess such ammunition feeding devices exclusively for the purpose of leasing such ammunition feeding devices to such persons as are described in subparagraph (d) of this paragraph.
7. It shall be unlawful for any person to dispose of to another person any ammunition feeding device designed for use in a firearm, provided that a dealer in firearms may dispose of, to such persons as are described in subparagraphs (a) and (b) of paragraph six of this subdivision, such ammunition feeding devices as may be possessed by such persons and provided further that a person in lawful possession of such ammunition feeding devices may dispose of such ammunition feeding devices to a dealer in firearms. In addition, a dealer in firearms or a special theatrical dealer may lease, to such persons as are described in subparagraph (d) of paragraph six of this subdivision, such ammunition feeding devices as may be possessed by such persons.
8. Notwithstanding the provisions of paragraphs six and seven of this subdivision any person may, within ninety days of the effective date of this local law, dispose of an ammunition feeding device designed for use in a firearm to a dealer in firearms.
9. The regular and ordinary transport of ammunition or ammunition feeding devices as merchandise shall not be limited by this subdivision, provided that the person transporting such ammunition or ammunition feeding devices, where he or she knows or has reasonable means of ascertaining what he or she is transporting, notifies, in writing, the police commissioner of the name and address of the consignee and the place of delivery, and withholds delivery to the consignee for such reasonable period of time designated in writing by the police commissioner as the police commissioner may deem necessary for investigation as to whether the consignee may lawfully receive and possess such ammunition or ammunition feeding devices.
10. The regular and ordinary transport of ammunition or ammunition feeding devices by a manufacturer of ammunition or ammunition feeding devices, or by an agent or employee of such manufacturer who is duly authorized in writing by such manufacturer to transport ammunition or ammunition feeding devices on the date or dates specified, directly between places where the manufacturer regularly conducts business, provided such ammunition or ammunition feeding devices are transported in a locked opaque container, shall not be limited by this subdivision, provided that transportation of such ammunition or ammunition feeding devices into, out of or within the city of New York may be done only with the consent of the police commissioner of the city of New York. To obtain such consent, the manufacturer must notify the police commissioner in writing of the name and address of the transporting manufacturer, or agent or employee of the manufacturer who is authorized in writing by such manufacturer to transport ammunition or ammunition feeding devices, the quantity, caliber and type of ammunition or ammunition feeding devices to be transported and the place where the manufacturer regularly conducts business within the city of New York and such other information as the commissioner may deem necessary. The manufacturer shall not transport such ammunition or ammunition feeding devices between the designated places of business for such reasonable period of time designated in writing by the police commissioner as such official may deem necessary for investigation and to give consent. The police commissioner may not unreasonably withhold his or her consent. For the purposes of this paragraph, places where the manufacturer regularly conducts business include, but are not limited to, places where the manufacturer regularly or customarily conducts development or design of ammunition or ammunition feeding devices, or regularly or customarily conducts tests on ammunition or ammunition feeding devices.
11. A person shall be deemed authorized to possess a pistol or revolver within the city of New York if such person is authorized to possess a pistol or revolver within the city of New York pursuant to this section, section 10-302 or section 400.00 of the penal law, or is exempt pursuant to section 265.20 of the penal law from provisions of the penal law relating to possession of a firearm and is authorized pursuant to any provision of law to possess a pistol or revolver within the city of New York without a license or permit therefor. A person shall be deemed authorized to possess a rifle within the city of New York if such person is authorized to possess a rifle within the city of New York pursuant to section 10-303, or is a person permitted pursuant to section 10-305 to possess a rifle without a permit therefor.
12. No pistol or revolver ammunition or ammunition feeding device shall be disposed of to any person pursuant to this subdivision unless such person exhibits the license or permit authorizing him or her to possess a pistol or revolver within the city of New York or exhibits proof that he or she is exempt pursuant to section 265.20 of the penal law from provisions of the penal law relating to possession of a firearm and proof that he or she is authorized pursuant to any provision of law to possess a pistol or revolver within the city of New York without a license or permit therefor.
13. A record shall be kept by the dealer of each disposition of ammunition or ammunition feeding devices under this subdivision which shall show the quantity, caliber and type of ammunition or ammunition feeding devices disposed of, the name and address of the person receiving same, the date and time of the transaction, and the number of the license or permit exhibited or description of the proof of status as a person not required to have a license or permit as required by paragraph twelve of this subdivision.
14. Any person who shall violate this subdivision shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment not exceeding one year, or by both such fine and imprisonment.
15. Any person who shall violate this subdivision shall be liable for a civil penalty of not more than one thousand dollars, to be recovered in a civil action brought by the corporation counsel in the name of the city in any court of competent jurisdiction.
16. The provisions of paragraphs three, four and six of this subdivision shall not apply to a person voluntarily surrendering ammunition or ammunition feeding devices, provided that such surrender shall be made to the police commissioner or the commissioner’s designee; and provided, further, that the same shall be surrendered by such person only after he or she gives notice in writing to the police commissioner or the commissioner’s designee, stating his or her name, address, the nature of the property to be surrendered, and the approximate time of day and the place where such surrender shall take place. Such notice shall be acknowledged immediately upon receipt thereof by such authority. Nothing in this paragraph shall be construed as granting immunity from prosecution for any crime or offense except that of unlawful possession of such ammunition or ammunition feeding devices surrendered as herein provided. A person who possesses any such ammunition or ammunition feeding devices as an executor or administrator or any other lawful possessor of such property of a decedent may continue to possess such property for a period not over fifteen days. If such property is not lawfully disposed of within such period, the possessor shall deliver it to the police commissioner or the commissioner’s designee or such property may be delivered to the superintendent of state police. When such property is delivered to the police commissioner or the commissioner’s designee, such officer shall hold it and shall thereafter deliver it on the written request of such executor, administrator or other lawful possessor of such property to a named person, provided such named person is licensed to or is otherwise lawfully permitted to possess the same. If no request to deliver the property is received within two years of the delivery of such property to such official, he or she shall dispose of it in accordance with the provisions of section 400.05 of the penal law.
(1) Definitions.
(i) When used in this subdivision, the term “deceptively colored firearm, rifle, shotgun, or assault weapon” shall include any firearm, rifle, shotgun, or assault weapon any substantial portion of whose exterior surface is colored any color other than black, dark grey, dark green, silver, steel, or nickel, except as provided in subparagraph (iii) of this paragraph. For purposes of this subparagraph, the exterior surface of either the receiver or the slide of a firearm shall be deemed to constitute a substantial portion of the exterior surface of the firearm.
(ii) Any firearm, rifle, shotgun, or assault weapon any substantial portion of whose exterior surface is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern shall be deemed to be a deceptively colored firearm, rifle, shotgun, or assault weapon, except as provided in subparagraph (iii) of this paragraph.
(iii) Notwithstanding subparagraph (i) and (ii) of this paragraph, a firearm, rifle, shotgun, or assault weapon shall not be deemed to be a deceptively colored firearm, rifle, shotgun, or assault weapon merely because its handle is composed of ivory, colored so as to appear to be composed of ivory, composed of wood, or colored so as to be composed of wood.
(iv) The term “deceptive coloring product” shall mean and include any equipment, product, or material that is designed for use in modifying any firearm, rifle, shotgun, or assault weapon so as to make it a deceptively colored firearm, rifle, shotgun, or assault weapon. Any equipment, product, or material that is held out, offered for sale, or otherwise disposed of based on its utility, alone or in combination with other equipment, products, or materials, in modifying any firearm, rifle, shotgun, or assault weapon so as to make it a deceptively colored firearm, rifle, shotgun, or assault weapon shall be deemed a deceptive coloring product. Any combination of equipment, products, or materials that are jointly held out, offered for sale, or otherwise disposed of based on their utility, jointly or in combination with other equipment, products, or materials, in modifying any firearm, rifle, shotgun, or assault weapon so as to make it a deceptively colored firearm, rifle, shotgun, or assault weapon shall be deemed a deceptive coloring product.
(v) The definitions set forth in section 10-301 of this title shall apply to this subdivision.
(2) It shall be unlawful for any person to dispose of a deceptively colored firearm, rifle, shotgun, or assault weapon or a deceptive coloring product except as authorized by paragraph six of this subdivision. It shall be unlawful for any person to modify, attempt to modify, or offer to modify any firearm, rifle, shotgun, or assault weapon so as to make it a deceptively colored firearm, rifle, shotgun, or assault weapon except as authorized by paragraph six of this subdivision.
(3) It shall be unlawful for any person to possess a deceptively colored firearm, rifle, shotgun, or assault weapon or a deceptive coloring product except as authorized by paragraph five or six of this subdivision or for any person to attempt to possess a deceptively colored firearm, rifle, shotgun, or assault weapon or a deceptive coloring product except as authorized by paragraph six of this subdivision.
(4) Violation of this subdivision or of regulations issued pursuant to it shall be a misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment of not more than one year or both.
(5) This subdivision shall not apply to the possession of any deceptively colored firearm, rifle, shotgun, or assault weapon by any person who possesses it on the effective date of the local law enacting this subdivision, or by any person who acquires it by operation of law after the effective date of the local law enacting this subdivision, or because of the death of another person for whom such person is an executor or administrator of an estate or a trustee of a trust created in a will, provided that, within fifteen days, such person either (i) surrenders such deceptively colored firearm, rifle, shotgun, or assault weapon to the commissioner for disposal in accordance with the provisions of section 400.05 of the penal law; or (ii) modifies such firearm, rifle, shotgun, or assault weapon so that it is no longer a deceptively colored firearm, rifle, shotgun, or assault weapon and cannot be readily converted into one. This subdivision shall not apply to the possession of any deceptive coloring product by any person who possesses it on the effective date of the local law enacting this subdivision, or by any person who acquires it by operation of law after the effective date of the local law enacting this subdivision, or because of the death of another person for whom such person is an executor or administrator of an estate or a trustee of a trust created in a will, provided that within fifteen days such person surrenders such deceptive coloring product to the commissioner for disposal.
(6) This subdivision shall not apply to the disposal, possession, modification, or use of any firearm, rifle, shotgun, assault weapon, or deceptive coloring product that is purchased for the use of, sold or shipped to, or issued for the use of, the United States or any department or agency thereof, or any state or any department, agency, or political subdivision thereof.
(7) The police commissioner may make and promulgate such rules and regulations as are necessary to carry out the provisions of this subdivision. Such rules and regulations may provide that for purposes of paragraph six of this subdivision, a firearm, rifle, shotgun, assault weapon, equipment, product, or material that is purchased by, received by, possessed by, or used by a peace officer or police officer shall be deemed to have been issued for the use of the agency employing such officer.
§ 10-132 Sale of broad head, bladed or hunting arrows.
§ 10-133 Possession of knives or instruments.
§ 10-134 Prohibition on sale of certain knives.
§ 10-134.1 Prohibition on sale of box cutters to persons under twenty-one years of age, open displays of box cutters by sellers, and possession of box cutters in a public place, or on school premises by persons under twenty-two years of age.
(1) “Box cutter” means any knife consisting of a razor blade, retractable, nonretractable, or detachable in segments, attached to or contained within a plastic or metal housing, including utility knives, snap-off knives, and box cart cutters.
(2) “Person” means any natural person, corporation, partnership, firm, organization or other legal entity.
(3) “Public place” means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any hallway, lobby and other portion of an apartment house or hotel not constituting a room or apartment designed for actual residence.
(4) “School premises” means the buildings, grounds, or facilities, or any portion thereof, owned, occupied by, or under the custody or control of public and private institutions for the primary purpose of providing educational instruction to students, and any vehicles owned, operated or leased by such institutions which are used to transport such students or the personnel of such institutions.
(1) the temporary transfer on school premises of such an instrument to a person under twenty-two years of age for a valid instructional, or school-related purpose where such device is used only under the supervision of a school staff person or other authorized instructor; or
(2) the possession or use of such an instrument in a public place by any person under twenty-one years of age or on school premises by any person under twenty-two years of age so long as it occurs under circumstances in which such person is performing work on such premises during the course of his or her employment, and such instrument is used only under the supervision of his or her employer or such employer’s agent or a school staff person.
(1) such person is traveling to or from school premises, where it was or will be used for a valid instructional or school related purpose and used only under the supervision of a school staff member or other authorized instructor, and such person has not displayed the box cutter in a menacing or threatening manner, or in a manner that a reasonable person would believe manifests an intent to use such box cutter for a criminal purpose; or
(2) such person is traveling to or from his or her place of employment, where it was or will be used during the course of such employment and used only under the supervision of his or her employer or such employer’s agent, and such person has not displayed the box cutter in a menacing or threatening manner, or in a manner that a reasonable person would believe manifests an intent to use such box cutter for a criminal purpose.
§ 10-134.2 Regulation of laser pointers.
(1) “Laser pointer” means any device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.
(2) “Person” means any natural person, corporation, partnership, firm, organization or other legal entity.
(3) “Public place” means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, parking lot, plaza, transportation facility, place of amusement, park, playground, and any hallway, lobby and other portion of an apartment house or hotel not constituting a room or apartment designed for actual residence.
(4) “School premises” means the buildings, grounds or facilities, or any portion thereof, owned, occupied by, or under the custody or control of public or private institutions for the primary purpose of providing educational or recreational instruction to students, and any vehicles owned, operated or leased by or on behalf of such institutions that are used to transport such students or the personnel of such institutions.
(1) the temporary transfer on school premises of a laser pointer to, or possession on school premises of a laser pointer by, a person twenty years of age or younger for a valid instructional, school-related or employment purpose, where such laser pointer is used under the supervision of a school staff person, other authorized instructor, employer or employer’s agent; or
(2) the temporary transfer in a public place of a laser pointer to, or possession in a public place of a laser pointer by, a person eighteen years of age or younger, during such person’s hours of employment, for a valid employment purpose, where such laser pointer is used under the supervision of the employer or employer’s agent; or
(3) the direction of light from a laser pointer into or through a public place by a person nineteen years of age or older, during such person’s hours of employment, for a valid employment purpose.
(1) such person was traveling to or from school premises, where the laser pointer would have been or was used for a valid instructional, school-related or employment purpose under the supervision of a school staff person, other authorized instructor, employer or employer’s agent, and such person had not turned on the laser pointer or displayed it in a menacing or threatening manner; or
(2) such person was traveling to or from his or her place of employment, where the laser pointer would have been or was used during such person’s hours of employment, for a valid employment purpose, under the supervision of the employer of* employer’s agent, and such person had not turned on the laser pointer or displayed it in a menacing or threatening manner.
§ 10-135 Prohibition on sale and possession of electronic stun guns.
§ 10-136 Prohibition against certain forms of aggressive solicitation.
(1) “Aggressive manner” shall mean:
(a) Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to (i) fear bodily harm to oneself or to another, damage to or loss of property, or the commission of any offense as defined in section ten of the penal law upon oneself or another, or (ii) otherwise be intimidated into giving money or other thing of value, or (iii) suffer unreasonable inconvenience, annoyance or alarm;
(b) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging;
(c) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; or
(d) Using violent or threatening gestures toward a person solicited.
(2) “Solicit, ask or beg” shall include using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
(3) “Public place” shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any hallway, lobby and other portion of an apartment house or hotel not constituting a room or apartment designed for actual residence.
(4) “Bank” shall mean any banking corporation as defined in section 11-164 of the code.
(5) “Check cashing business” shall mean any person duly licensed by the superintendent of banks to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of article 9-A of the banking law.
(6) “Automated teller machine” shall mean a device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
(7) “Automated teller machine facility” shall mean the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
(1) No person shall solicit, ask or beg in an aggressive manner in any public place.
(2) No person shall solicit, ask or beg within ten feet of any entrance or exit of any bank or check cashing business during its business hours or within ten feet of any automated teller machine during the time it is available for customers’ use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.
(3) No person shall approach an operator or other occupant of a motor vehicle while such vehicle is located on any street, for the purpose of either performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services, if such approaching, performing, offering or soliciting is done in an aggressive manner as defined in paragraph one of subdivision a of this section. Provided, however, that this paragraph shall not apply to services rendered in connection with the lawful towing of such vehicle or in connection with emergency repairs requested by the operator or other occupant of such vehicle.
§ 10-137 Prevention of harassment on school premises.*
1. “Department” shall mean the New York city department of education.
2. “Gender” shall mean actual or perceived sex and shall also include a person’s gender identity, self-image, appearance, behavior or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth.
3. “Harassment” shall mean the creation of a hostile environment by, in whole or in part, conduct or verbal threats, taunting, intimidation or abuse, including conduct, verbal threats, intimidation or abuse for any reason, including, but not limited to, a person’s actual or perceived race, color, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex, family composition or circumstance, economic circumstance, physical characteristic, medical condition, school performance or any other characteristic or reason that has or would reasonably have the effect of substantially interfering with a student’s educational performance, opportunities or benefits, or a student’s mental, emotional or physical well-being, or that reasonably causes or would reasonably be expected to cause a student or other person to fear for his or her physical safety.
4. “Retaliatory action” shall mean, but not be limited to, dismissal, demotion, suspension, disciplinary action, negative performance evaluation, any action resulting in loss of staff, compensation or other benefit, failure to hire, failure to appoint, failure to promote, or transfer or assignment or failure to transfer or assign against the wishes of the affected person.
5. “School” shall mean each school within the New York city public school system that provides educational instruction to students at or below the twelfth grade level.
6. “School function” shall mean a school-sponsored extra-curricular event or activity or any event that takes place on school premises.
7. “School premises” shall mean the buildings, grounds or facilities, or any portion thereof, owned, occupied by, or under the custody or control of the department or of a school, used for the primary purpose of providing educational instruction to students at or below the twelfth grade level, and any vehicles owned, operated or leased by or on behalf of such institutions that are used to transport such students or the personnel of such institutions. School premises shall also include public transportation, such as subways, buses and ferries, when students use such public transportation to attend school or a school function.
1. The chancellor of the city public school system shall create policies and guidelines, in accordance with the procedures set forth in subdivision three of section 2801 of the New York state education law, designed to create an environment for each school that is free from harassment. Such policies and guidelines shall include, but not be limited to, penalties or disciplinary measures for those found to have violated such policies and guidelines, and shall indicate when incidents of harassment must be reported to law enforcement authorities. Such policies and guidelines shall also specify that harassment is a basis for granting to a student who has been harassed a transfer to another school, commonly called a “safety transfer,” and that harassment is a basis for disciplining any student who engages or has engaged in the harassment of others.
2. Such policies and guidelines required by paragraph 1 of this subdivision shall also:
(i) include guidelines to be used in employee training programs, which training shall be given on a regular basis to all pedagogical staff and school safety officers to discourage the development of harassment by (a) raising the awareness and sensitivity of school employees to potential harassment, and (b) enabling employees to prevent and respond to harassment;
(ii) include guidelines to be used in presentations given to students about conduct and harassment issues; such guidelines shall be designed to discourage the development of harassment by (a) raising the awareness and sensitivity of pupils regarding potential harassment, and (b) fostering empathy and empathetic conduct among students;
(iii) be included in the code of conduct which the chancellor is required to disseminate pursuant to subdivision four of section 2801 of the New York state education law;
(iv) be included in mail to parents or guardians of students at each school at the beginning of each school year, be posted in prominent places within each school and be translated and made available in the ten most common languages spoken in New York city and in any other language spoken by more than ten percent of the parents or guardians of children attending any individual school; and
(v) be distributed to all staff, school safety officers and members of school safety committees.
3. The chancellor of the city public school system shall appoint the principal of each school as the person responsible for ensuring the dissemination of the anti-harassment policies and guidelines to all staff of each school, all school safety officers, all members of the school safety committee, and to all students and their parents or guardians, and for providing training to pedagogical staff and school safety officers. Such principal shall also ensure that the name and contact information of a school employee who can provide copies of such policies and guidelines is made available to all students, parents, guardians, staff and to the school safety committee. Such principal may designate a subordinate to assume the responsibilities required by this paragraph.
1. The chancellor of the city public school system shall appoint the principal of each school as the enforcement officer responsible for ensuring the enforcement of the anti-harassment policies and guidelines established pursuant to subdivision c of this section and to whom reports of incidents of harassment on school premises or at a school function may be made. Each such principal may designate a subordinate to assume these responsibilities. The chancellor shall also appoint the superintendent of each region and/or district within his or her jurisdiction or the designee of such superintendent, as the person to whom reports of incidents of harassment on school premises or at a school function may be made when such report concerns the principal or other person appointed or designated as the enforcement officer of a school.
2. The chancellor shall create procedures under which incidents of harassment on school premises or at school functions are tracked centrally for record keeping purposes, and procedures under which such incidents of harassment are reported promptly to the principal or his or her designee, or the superintendent of each region and/or district or his or her designee, who must complete, for each such incident, an incident report indicating information about the incident, including, but not limited to, the parties, the location where such incident took place, the date and time such incident occurred and type of harassment involved.
3. By no later than July 30 of each year, the department shall publish a statistical summary of all incidents of harassment that occurred on school premises or at a school function during the preceding school year. Such summary report shall indicate, at a minimum, the number and nature of incidents of harassment broken down by school, school district, region, borough and grade level, and shall be published on the department’s website and by such other means as, in the chancellor’s discretion, are reasonably determined to best disseminate such information to the public.
4. The department shall also include, on each school’s annual report card or any similar document that the department creates, summary information about incidents of harassment at such school, which information shall include (i) a comparison of all incidents of harassment at such school with all incidents of harassment in all similar schools, as determined by the department and (ii) the number of safety transfers that were granted from such school to another school during the preceding school year.
§ 10-137 Prohibition on the sale or installation of audible burglar alarms for motor vehicles.*
(1) “audible burglar alarm for a motor vehicle” shall mean any sound signal device designed and intended to produce an audible response upon unauthorized entry into a motor vehicle.
(2) “dealer” shall mean a person selling or leasing and distributing motor vehicles primarily to purchasers that in good faith purchase the vehicles other than for resale.
(3) “manufacturer” shall mean any person manufacturing or assembling motor vehicles.
(4) “motor vehicle” shall mean any device that is propelled by an engine in or upon which a person or material may be transported on the ground and which is intended to be operated upon a public highway.
(5) “person” shall mean an individual, partnership, company, corporation, association, firm, organization or any principal, director, officer, partner, member or employee thereof.
i. is not capable of automatically terminating its audible response within three minutes of its being activated;
ii. is capable of being activated by means other than direct physical contact with such motor vehicle or through the use of an individual remote activation device that is designed to be used with the audible burglar alarm system of a particular vehicle which alarm shall be capable of and shall terminate its audible response within three minutes of its being activated; or
iii. is set to automatically terminate its audible response more than three minutes after its being activated.
(2) It shall be unlawful for any person, other than a manufacturer, to install or cause any person to install an audible burglar alarm for a motor vehicle that:
i. is not capable of automatically terminating its audible response within three minutes of its being activated;
ii. is capable of being activated by means other than direct physical contact with such motor vehicle or through the use of an individual remote activation device that is designed to be used with the audible burglar alarm system of a particular vehicle which alarm shall be capable of and shall terminate its audible response within three minutes of its being activated; or
iii. after completion of installation, is not set to automatically terminate its audible response within three minutes of its being activated.
(3) It shall be unlawful for any person to sell, offer or display for sale, or install or cause any other person to sell, offer or display for sale, or install any component that when added to an audible burglar alarm for a motor vehicle would cause such alarm to not meet the requirements of subdivision d of section 24-221* of this code.
(2) Any dealer or any person to which the provisions of paragraph one of this subdivision apply shall maintain a record of all repairs and replacements of such audible burglar alarm for a motor vehicle performed in accordance with the terms of a warranty. Such records shall include the effective date and expiration date of the warranty, the date on which such repair or replacement was performed and such other information as the police commissioner may require by rule. These records shall be retained for a period of seven years, or such longer period as the police commissioner may establish by rule.
(2) Each sale, offer or display for sale, or installation of an audible burglar alarm for a motor vehicle made or caused to be made in violation of subdivision b of this section shall be deemed a separate violation and a separate civil penalty shall be imposed for each such violation.
§ 10-138 Distribution of a Model Code of Conduct to participants in youth sports programs.
(1) The term “youth” shall mean any person under the age of eighteen.
(2) The term “organization” shall mean any individual, firm, partnership, trust, association, corporation or other entity.
(3) The term “youth sports event” shall mean a competition, practice or instructional event involving one or more youth sports teams, where such youth sports teams utilize city facilities and/or receive city funding.
Model Code of Conduct
1. All officials, coaches, parents, players, spectators and participants shall respect one another.
2. All officials, coaches, parents, players, spectators and participants shall respect officials’ decisions.
3. All officials, coaches, parents, players, spectators and participants shall engage in fair play and abide by all game rules.
4. All officials, coaches, parents, players, spectators and participants shall refrain from engaging in taunting of officials, coaches, parents, players, spectators or other participants by means of baiting or ridiculing.
5. All officials, coaches, parents, players, spectators and participants shall refrain from verbal and/or profane abuse of officials, coaches, parents, players, spectators or other participants.
6. All officials, coaches, parents, players, spectators and participants shall refrain from threatening physical violence or engaging in any form of physical violence.
7. All officials, coaches, parents, players, spectators and participants shall win and lose with good sportsmanship and shall strive to make youth sports programs rewarding for all participants.
§ 10-145 Licensing and regulation of towing cars. [Repealed]
Any person who sells or gives any motor vehicle or motorcycle to any minor under eighteen years of age who has not been licensed to operate a motor vehicle or motorcycle within the city of New York, is guilty of a misdemeanor punishable by a fine of not more than two hundred fifty dollars, imprisonment for not more than six months, or both.
§ 10-147 Possession of handcuffs, thumb-cuffs or leg irons by unauthorized persons prohibited.
1. any peace officer, police officer or any person appointed as a police officer by the superintendent of state police; or
2. any police officer or peace officer of another state while conducting official business within the state of New York; or
3. any employee of the city, charged with the care or custody of a juvenile committed to a secure detention facility, while on duty or while traveling to or from his or her assigned duty; or
4. any person in military service or other service of the state, or of the United States, in pursuit of official duty or when duly authorized by federal or state law, regulation or ordered to possess the same articles prohibited by this section; or
5. any member of the auxiliary police force; or
6. any special patrolman appointed by the police commissioner, while on duty or while traveling to or from his or her assigned place of duty; or
7. any licensed private investigator or any employee of a watch, guard, or patrol agency licensed by the secretary of state under article seven of the general business law, or any employee of a person, firm or corporation operating an armored car transportation service, while such person is acting in the course of his or her employment or is traveling to or from his or her place of employment; and
8. any employee of a person, firm or corporation engaged in the business of manufacturing, selling or transporting such handcuffs, including disposable cinch cuffs, thumb cuffs or leg irons, which are intended for possession by persons authorized by this section, while such person is acting in the course or his or her employment or is traveling to or from his or her place of employment; or
9. any person engaged in a business activity which requires the utilization of such handcuffs, including disposable cinch cuffs, thumbcuffs or leg irons as authorized pursuant to regulations promulgated by the police commissioner, while such person is acting in the course of his or her employment or is traveling to or from his or her place of employment.
§ 10-148 Fines for unlawful cutting of trees on city property other than trees under the jurisdiction of the department of parks and recreation.
It shall be unlawful for any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation to cut, remove or in any way destroy or cause to be destroyed, any tree or other form of vegetation on any public property, without acquiring written consent from the agency having jurisdiction or control of such property. The foregoing provision shall not apply to employees of any agency who are engaged in the proper and authorized performance of their assigned duties.
§ 10-149 Violation.
§ 10-150 Declaration and findings; election for non-public office.
The council hereby finds that it is in the public interest to hold certain elections on days other than those which the vast majority of the people of the city respect as a day of worship and a day of rest. The holding of elections on such days of worship is unfair to those citizens who observe such days of worship in that they are unable to participate fully in the election process on an equal basis unless they violate their religious precepts. This poses a threat to the free exercise of religion and equality of access to the electoral process. The council further finds and declares that bigotry, prejudice and intolerance will be discouraged if such elections are forbidden on those days of worship, and that holding elections on other days will permit the participation of a greater number of people.
§ 10-151 Elections for non-public office or position.
§ 10-152 Penalty.
§ 10-153 First aid kits on vehicles for hire.
§ 10-154 False statements in certificates, forms, written statements, applications or reports.
Any person who shall knowingly make a false statement or who shall knowingly falsify or allow to be falsified any certificate, form, signed statement, application or report required under the provisions of this code or any rule or regulation of any agency promulgated thereunder, shall be guilty of an offense and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or imprisonment of a term of not more than sixty days or both.
§ 10-155 Public nuisance defined. [Repealed]
*§ 10-156 Powers of the police commissioner with respect to public nuisances. [Repealed]* ::
§ 10-157 Bicycles used for commercial purposes.
Bicycle. The term “bicycle” has the same meaning as in section 19-176, and also means any wheeled device propelled exclusively by human power as well as any motor-assisted device that is not capable of being registered by the New York state department of motor vehicles.
Bicycle operator. The term “bicycle operator” means a person who delivers packages, parcels, papers, or articles of any type by bicycle on behalf of a business using a bicycle for commercial purposes and who is paid by such business.
Business using a bicycle for commercial purposes. The term “business using a bicycle for commercial purposes” means a person, firm, partnership, joint venture, association, corporation, or other entity that, either on behalf of itself or others, delivers packages, parcels, papers, or articles of any type by bicycle. Nothing contained in this section shall be construed as applying to persons under the age of sixteen who use a bicycle only to deliver daily newspapers or circulars.
(1) the name under which such business is authorized to do business in the state, pursuant to the business corporation law,
(2) the registered agent upon whom process against such business may be served and the address of such agent, or, if the business has designated the secretary of state as its agent for receiving such process, the post office address to which the secretary of state may mail a copy of such process, and
(3) any other information requested by the department.
(i) meet the standards set forth by the consumer product safety commission in title 16, part 1203 of the code of federal regulations; and
(ii) be replaced if such headgear is no longer in good condition. Headgear is no longer in good condition if it is missing any of its component parts or is otherwise damaged so as to impair its functionality.
(2) Each bicycle operator shall wear protective headgear that meets the requirements of paragraph 1 of this subdivision while making deliveries or otherwise operating a bicycle on behalf of a business using a bicycle for commercial purposes. The term “wear protective headgear” means having the headgear fastened securely upon the head with the headgear straps.
(3) Each bicycle operator shall complete a bicycle safety course prior to making deliveries or otherwise operating a bicycle on behalf of a business using a bicycle for commercial purposes. For purposes of this section, “bicycle safety course” shall mean information provided by the department of transportation regarding safe bicycling and adherence to traffic and commercial bicycle laws.
(4) The commissioner of transportation shall post on the department of transportation’s website the content of the bicycle safety course required by this section.
§ 10-157.1 Signs with bicycle safety procedures.
(1) the responsibilities of bicycle operators and businesses using a bicycle for commercial purposes pursuant to section 10-157; and
(2) the provisions of the vehicle and traffic law, administrative code of the city of New York and department of transportation traffic rules and regulations that the commissioner of transportation in his or her discretion determines are most important for the safe operation of bicycles in the city. The department of transportation shall post on its website the provisions required to be summarized on such sign or notice under this subdivision.
(1) in English and Spanish and any other language spoken predominantly by any bicycle operator of a business using a bicycle for commercial purposes; and
(2) in the case of a sign, posted in a manner conspicuous to such business’s bicycle operators and to patrons of such business present at the business site; or
(3) in the case of a notice, provided to such business’s bicycle operators.
§ 10-158 Vessel regulation zone.
§ 10-158.1 Harlem River no wake area.
1. “Idle speed” shall mean the lowest speed at which a vessel can operate, maintain safe steerage, and minimize the production of a wake that could unreasonably interfere with or endanger other persons, property, or water-borne vessels.
2. “No wake area” shall mean an area in which a vessel must travel at idle speed.
3. “Vessel” shall mean any motorized floating craft with the exception of any motorized floating craft that (i) is used primarily as a residence, (ii) is a vessel operated by an authorized member or employee of any law enforcement or emergency services agency or organization when used in the performance of official law enforcement or emergency services duties, (iii) is provided as an accommodation, advantage, facility or privilege at any place of public accommodation, resort or amusement or (iv) is a vessel in commercial service, as defined in 46 U.S.C. § 2101. A vessel operated by an individual who is compensated to operate such vessel shall not provide sufficient cause to deem such vessel to be in “commercial service.”
4. “Wake” shall mean all changes in the vertical height of the water’s surface caused by the passage of a vessel including, but not limited to, such craft’s bow wave, stern wake and propeller wash.
2. The police commissioner, the commissioner of parks and recreation and the heads of such other agencies as the mayor shall designate shall have the authority to enforce paragraph one of this subdivision.
1. any vessel while actually competing in a duly authorized regatta, provided notice of such regatta has been filed with and accepted by the clerk of Bronx and New York counties, and with the United States coast guard and the department of parks and recreation, at least ten days prior to the occurrence of such event and
2. any vessel while actually engaged in safety or coaching activities
§ 10-158.2 Wake reduction educational material.
The commissioner of parks and recreation, in consultation with the police commissioner, shall prepare and make available to operators of water-borne vessels, as defined in section 19-306 of this code, within the city of New York or its territorial waters, and operators of piers, marinas and boat repair yards educational materials related to the dangers of wakes to the safety of boaters in water-borne vessels in the water; the potentially adverse impact of wakes to piers and other shoreline structures, waterfront recreational facilities and parks, the shoreline itself, and wetlands along the city’s waterfront; the importance of minimizing wakes as a water-borne vessel operates in a vessel regulation zone or “no wake area;” and which government entities have jurisdiction over rule-making and enforcement in the territorial waters of the city of New York.
§ 10-159 Safe streets, safe city advisory board.
(a) There is hereby established a safe streets, safe city advisory board. The safe streets, safe city advisory board shall consist of the deputy mayor for public safety, the police commissioner, one person appointed by the speaker of the city council, one additional person appointed by the mayor, one person appointed by the governor, one person appointed by the temporary president of the state senate, one person appointed by the minority leader of the senate, one person appointed by the speaker of the state assembly and one person appointed by the minority leader of the assembly.
§ 10-160 Security measures at automated teller machine facilities.
(1) “Access code” means a series of numbers or letters, unique to each banking customer, which when entered into an automated teller machine, grant the customer entry to the customer’s account records.
(2) “Automated teller machine” means a device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
(3) “Automated teller machine card” means an instrument authorized by a bank which permits a customer to gain access to an automated teller machine facility.
(4) “Automated teller machine facility” means the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
(5) “Bank” means any banking corporation, as defined in section 11-640 of the code, which operates, owns, or controls an automated teller machine facility in the city of New York.
(6) “Adequate lighting” with respect to an open and operating automated teller machine facility located on an exterior wall of a building open to the outdoor air, and any defined parking area, means lighting during nighttime hours according to the following standards:
(i) a minimum of ten candlefoot power at the face of the automated teller machine and extending in an unobstructed direction outward five feet;
(ii) a minimum of two candlefoot power within fifty feet from all unobstructed directions from the face of the automated teller machine. If such machine is located within ten feet of the corner of the building and the automated teller machine facility is generally accessible from the adjacent side, there shall be a minimum of two candlefoot power along the first forty unobstructed feet of the adjacent side of the building. With respect to defined parking areas, “adequate lighting” means a minimum of two candlefoot power in that portion of the parking area within sixty feet of the automated teller machine facility. With respect to an automated teller machine facility located within the interior of a building, “adequate lighting” means lighting, on a twenty-four hour basis, which permits a person entering the facility to readily and easily see all persons occupying such facility, and which permits a person inside the facility to readily and easily see all persons at the entry door of such facility.
(7) “Defined parking area” means that portion of any parking area open for bank customer parking which is (i) contiguous to any paved walkway or sidewalk within fifty feet of an automated teller machine facility, (ii) regularly, principally and lawfully used for parking by users of the automated teller machine facility while conducting transactions at such automated teller machine facility during nighttime hours; and (iii) owned or leased by the operator of the automated teller machine facility, or owned or otherwise controlled by the party leasing the automated teller machine facility site to the operator. The term does not include any parking area which is not open or regularly used for parking by the users of the automated teller machine who are conducting automated teller machine transactions during nighttime hours. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it is closed.
(8) “Nighttime hours” means the period of time beginning at sunset and ending at sunrise.
(9) “Candlefoot power” means the light intensity of candles on a horizontal plane at thirty-six inches above ground level and five feet in front of the area to be measured.
(10) “Regular banking hours” means the period of time during each weekday, Monday through Friday, commencing at nine o’clock a.m. and ending at three o’clock p.m.
(1) a surveillance camera or cameras, which shall view and record all persons entering, exiting, and moving within or about an automated teller machine facility located within the interior of a building, or which shall view and record all activity occurring within a minimum of three feet in front of an automated teller machine located on an exterior wall of a building open to the outdoor air. Such camera or cameras need not view and record banking transactions made at the automated teller machine. The recordings made by such cameras shall be preserved by the bank for at least thirty days;
(2) within six months after the submission of the report of the temporary task force required by subdivision c of this section, entry doors equipped with locking devices which permit entry to such facility only to persons using an automated teller machine card or access code issued by a bank for that purpose. Provided, however, that any automated teller machine facility located within the interior of a building that is not equipped with such entry door locking devices within six months after the submission of such report shall thereafter have at least one security guard stationed therein during the period of time after regular banking hours when such automated teller machine facility is available to banking customers;
(3) entry doors equipped with fire exit bolts pursuant to paragraph two of subdivision k of section 27-371 of the code:
(4) adequate lighting;
(5) at least one exterior wall made substantially of untinted glass or other untinted, transparent material, which provides an unobstructed view of the automated teller machine or machines within the automated teller machine facility;
(6) reflective mirrors or surfaces at each automated teller machine which provide the user a rear view;
(7) a reflective mirror or mirrors placed in a manner which permits a person present in the automated teller machine facility to view areas within such facility which are otherwise concealed from plain view; and
(8) a clearly visible sign, which at a minimum, states:
(i) the activity within the automated teller machine facility is being recorded by surveillance camera;
(ii) customers should close the entry door completely upon entering if the automated teller machine facility is located within the interior of a building;
(iii) customers should not permit entrance to any unknown person at any time after regular banking hours when an automated teller machine facility located within the interior of a building is available to banking customers;
(iv) customers should place withdrawn cash securely upon their person before exiting the automated teller machine facility; and
(v) complaints concerning security in the automated teller machine facility should be directed to the bank’s security department or to the department of consumer affairs, together with telephone numbers for such complaints. Where emergency assistance is needed due to criminal activity or medical emergency, call 911 at the nearest available public telephone. Paragraphs two, three, five and seven of this subdivision shall not apply to any automated teller machine facility located on an exterior wall of a building open to the outdoor air. Paragraph five of this subdivision shall not apply to any automated teller machine facility located in (i) a landmark building or within an historic district, if compliance with paragraph five would require the approval of the landmarks preservation commission, and such approval has been sought and denied; or (ii) any building, if compliance with paragraph five would require the removal of a load-bearing wall as defined in section 27-232 of the code.
(1) A bank found to be in violation of any provision of subdivision b of this section shall be subject to a civil penalty of not more than two hundred fifty dollars. Each violation of any provision of subdivision b of this section with respect to a particular automated teller machine facility shall be considered a separate violation thereof.
(2) Any bank found to be in violation of any provision of subdivision b of this section shall correct the violation within three days after such finding. Failure to correct the violation within three days after such finding shall subject the bank to a civil penalty of not less than five hundred dollars or more than one thousand dollars and an additional civil penalty of two hundred fifty dollars per day for each day such violation continues.
(3) Any bank found to be in violation of subdivision h of this section shall be liable for a civil penalty of not more than one thousand dollars for each automated teller machine facility for which a report has not been filed. Any bank which makes a material false statement or material omission in any report filed pursuant to subdivision h of this section shall be liable for a civil penalty of not more than five thousand dollars for each report.
(4) A proceeding to recover any civil penalty authorized to be imposed pursuant to this section shall be commenced by the service of a notice of violation which shall be returnable to the commissioner of consumer affairs. Such commissioner, after due notice and an opportunity for a hearing, shall be authorized to impose the civil penalties prescribed by this section.
(1) The police department, the department of consumer affairs, and the department of buildings shall be authorized to enforce this section.
(2) Statistics of crimes associated with the use of automated teller machines compiled and maintained by the police department shall be made available upon the request of any bank.
(3) Notwithstanding the provisions of section six hundred sixty-six of the charter, a notice of violation issued by the department of buildings pursuant to this section shall not be subject to review by the board of standards and appeals.
§ 10-161 Three-card Monte Prohibited.
§ 10-162 Interference with professional sporting event.
1. Major venue sporting event. An athletic competition or practice involving a professional team or an athletic competition or practice being conducted in a venue with a permanent seating capacity of more than five thousand. The duration of such competition or practice is to include the period from the opening of the venue’s gates to the public, to the closing of the gates after the event.
2. Playing area. Any area designated for use by players, coaches, officials or other team or league personnel that is on, or adjacent to, the area of play during the period from the opening of the venue’s gates to the public, to the closing of the gates after the event.
3. Sports participant. An umpire, referee, player, coach, manager, security employee, groundskeeper, stadium operations employee, or any other sanctioned participant in which the major venue sporting event is taking place.
4. Dangerous instrument. Any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury.
5. Substance. The term includes, but is not limited, to any liquid or saliva.
1. It shall be illegal for any person other than a sports participant to knowingly enter or remain unlawfully upon the playing area of a major venue sporting event.
2. It shall be illegal for any person other than a sports participant to subject a sports participant to contact by means of any substance, object or dangerous instrument during a major venue sporting event, or attempt to do so, with the intent to cause physical injury to a sports participant during a major venue sporting event or with the intent to disrupt a major venue sporting event.
3. It shall be illegal for any person other than a sports participant to place, drop, toss or hurl any substance, object or dangerous instrument onto the playing area of a major venue sporting event, or attempt to do so, with the intent to cause physical injury to a sports participant during a major venue sporting event or with the intent to disrupt a major venue sporting event.
4. It shall be illegal for any person other than a sports participant to strike, slap, kick or otherwise subject to physical contact a sports participant during a major venue sporting event, or to attempt to do so, with the intent to cause physical injury to a sports participant during a major venue sporting event or with the intent to disrupt a major venue sporting event.
1. Any person who knowingly enters or remains unlawfully upon the playing area of a major venue sporting event shall be guilty of a misdemeanor punishable by imprisonment of not more than one year, a fine of not more than one thousand dollars, or both.
2. Any person who uses a dangerous instrument when violating the provisions of paragraph two of subdivision b of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not more than one thousand dollars, or both. Any person who violates the provisions of such paragraph by using any substance or object other than a dangerous instrument shall be guilty of a misdemeanor punishable by imprisonment of not more than ninety days or a fine of not more than five hundred dollars, or both.
3. Any person who uses a dangerous instrument when violating the provisions of paragraph three of subdivision b of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not more than one thousand dollars, or both. Any person who violates the provisions of such paragraph by using any substance or object other than a dangerous instrument shall be guilty of a misdemeanor punishable by imprisonment of not more than ninety days or a fine of not more than five hundred dollars, or both.
4. Any person who violates the provisions of paragraph four of subdivision b of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not more than one thousand dollars, or both.
1. Any person who violates the provisions of paragraph one or paragraph three of subdivision b of this section shall be liable, to any person or entity injured or aggrieved by such action, for a civil penalty of not less than one thousand dollars and not more than five thousand dollars.
2. Any person who violates the provisions of paragraph two or paragraph four of subdivision b of this section shall be liable, to any person or entity injured or aggrieved by such action, for a civil penalty of not less than ten thousand dollars and not more than twenty-five thousand dollars.
3. The civil penalties set forth in paragraphs one and two of this subdivision shall be in addition to any criminal penalties and/or sanctions that may be imposed, and such civil penalties shall not limit or preclude any cause of action available to any person or entity injured or aggrieved by such action.
§ 10-163 Speed contests and races.
1. “Vehicle”shall have the same meaning as such term is defined in article one of the vehicle and traffic law.
2. “Engage”or “aid or abet”shall mean actions or circumstances that reasonably indicate that a race, exhibition or contest of speed or stunt behavior has occurred or is imminent, including, but not limited to: the presence of a canister appearing to hold nitrous oxide attached to a vehicle; an explicit invitation to race; the presence of a starting or ending point marked in some way; wagering on the race’s outcome; the exhibiting of stunt behavior; acting as a starter or flagperson; pushing vehicles to a starting line; or directing traffic at such an event or gathering.
3. “Stunt behavior”shall mean operating a vehicle in a public place, or on private property open to the public, in a manner which unreasonably interferes with other persons’ use of public streets and/or endangers the health or safety of the public, the vehicle operator or its passengers, by accelerating a vehicle at a high rate of speed; raising a vehicle to the degree that one or more wheels lose contact with the ground, commonly referred to as a “wheelie”; spinning a vehicle rapidly in a circle, commonly referred to as a “donut”; using the power of the engine and braking force to cause the rear wheel of a vehicle to spin, heating the rear tire and producing smoke; or increasing the revolutions per minute of a vehicle whether or not the vehicle is in motion, commonly referred to as “revving,” thereby causing unreasonable noise.
§ 10-164 Operation of vehicles on approach of authorized emergency vehicles.
§ 10-165 Serial acts of public lewdness.
A person is guilty of serial acts of public lewdness when two or more times within any three-year period he or she intentionally exposes the private or intimate parts of his or her body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he or she may readily be observed from either a public place or from other private premises, and with intent that he or she be so observed. A person who commits serial acts of public lewdness shall be guilty of a class A misdemeanor.
§ 10-166 Use of cellular telephones by schoolchildren.
(1) “Cellular telephone” shall mean any mobile analog, wireless, digital or other similar telephone or communications device, which can be used to access two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 CFR § 20.3.
(2) “School” shall mean any buildings, grounds, facilities, property, or portion thereof under the jurisdiction of the New York city department of education or any non-public school that provides educational instruction to students at or below the twelfth grade level.
(3) “Student” shall mean any person under the age of eighteen enrolled in a school.
§ 10-167 Climbing, jumping or suspending of oneself from structures prohibited.
(i) jump or attempt to jump from a structure, or
(ii) climb or attempt to climb up, down or around the exterior of a structure, or suspend or attempt to suspend oneself from the exterior of a structure or on a device attached to one or more structures, unless permission has been granted to climb or suspend oneself from the structure by the owner of the structure for the sole purpose of performing construction or maintenance.
§ 10-168 Prohibition of use of non-wood bats.
1. “Competitive baseball game” shall mean any organized baseball game at which a certified umpire officiates and which takes place in the city of New York.
2. “High school age children” shall mean persons older than thirteen years of age, but younger than eighteen years of age.
3. “School” shall mean any public or private school which includes any grade nine through twelve and which is located in the city of New York.
4. “Wood bat” shall mean any baseball bat constructed exclusively of wood or any wood laminated or wood composite bat, which is approved by major league baseball, pursuant to such organization’s official rules, for major league or minor league baseball play; provided that such term shall not include any bat made in whole or in part of metal, including, but not limited to, aluminum, magnesium, scandium, titanium or any other alloy compound.
§ 10-169 Regulation of publicly accessible collection bins.
1. Each individual publicly accessible collection bin shall prominently display on the front and on at least one other side of the bin, the name, address and telephone number of the owner of the bin. This information shall be printed in characters that are plainly visible. In no event shall a post office box be considered an acceptable address for purposes of this paragraph.
2. No publicly accessible collection bin may be placed on any city property, or property maintained by the city, or on any public sidewalk or roadway.
3. No publicly accessible collection bin shall be placed on any private property without the written permission of the property owner or the property owner’s designated agent.
4. The owner of a publicly accessible collection bin placed on private property with the written permission of the property owner, or the property owner’s designated agent, and the owner of the property where the bin is located shall be responsible for maintaining such bin in a clean and neat condition.
5. All owners of publicly accessible collection bins that are placed on private property with the written permission of the property owner, or the property owner’s designated agent, shall be required to register with the department. Such registration, at a minimum, shall include the location of the publicly accessible collection bin, the type of material collected in the bin, and the name, address, and telephone number of the owner. On or before August first, two thousand fifteen, and annually thereafter, each such owner shall submit a report to the commissioner identifying the weight of the material collected during the period beginning on July first of the year preceding the year the report is due and ending on June thirtieth of the year the report is due. It shall be unlawful for the owner of any publicly accessible collection bin to submit a report containing false or misleading information or to fail to submit a report in accordance with this paragraph.
6. In addition to penalties provided for in any other provisions of law, in the event that a publicly accessible collection bin is placed on any city property, or property maintained by the city, or on any public sidewalk or roadway, the department shall have the authority to remove such bin. Any publicly accessible collection bin placed on any city property, or property maintained by the city, or on any public sidewalk or roadway, shall be presumed to have been placed there intentionally. If the name and address of the owner of such publicly accessible collection bin are located on the bin and are legible, such owner shall be notified by the department by certified mail, return receipt requested, that such publicly accessible collection bin was removed by the department and that the owner can claim such bin through the procedure established by rule. If the name and address of the owner of such publicly accessible collection bin are not located on the bin or are not legible, the commissioner may dispose of such bin in accordance with applicable law and rules thirty days after removal. Any owner who seeks to claim a publicly accessible collection bin that has been removed by the department shall pay the penalty established by this section and the costs of removal and storage, unless, after adjudication by the environmental control board, the owner is found not liable for violating this section, in which case such bin shall be released forthwith, and no removal or storage costs shall be imposed as a condition of such release. If any publicly accessible collection bin is not claimed within thirty days of the mailing of notice to the owner, the commissioner may dispose of such bin in accordance with applicable law and rules.
1. payment, by the owner, of removal and storage costs incurred by the commissioner,
2. registration and reporting requirements for publicly accessible collection bins placed on private property,
3. the procedures for claiming publicly accessible collection bins that are removed by the department, and
4. the disposal of publicly accessible collection bins that have been removed by the department and claimed by an owner in cases where there is a subsequent failure to collect such bins.
§ 10-170 Criminal street gang initiation activity.
1. intentionally or recklessly engages in conduct that creates a substantial risk of physical injury to another person; or
2. by physical menace, intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury.
1. “Criminal conduct” shall mean the felonies or misdemeanors defined in any of the following articles of the penal law: one hundred twenty, relating to assault and related offenses; one hundred twenty-five, relating to homicide; one hundred thirty, relating to sex offenses; one hundred thirty-five, relating to kidnapping, coercion and related offenses; one hundred forty, relating to burglary and related offenses; one hundred forty-five, relating to criminal mischief and related offenses; one hundred fifty, relating to arson; one hundred fifty-five, relating to larceny; one hundred sixty, relating to robbery; one hundred sixty-five, relating to theft; two hundred fifteen, relating to judicial proceedings; two hundred twenty, relating to controlled substances offenses; two hundred twenty-one, relating to offenses involving marihuana; two hundred twenty-five, relating to gambling offenses; two hundred thirty, relating to prostitution offenses or two hundred sixty-five, relating to firearms and other dangerous weapons; or harassment in the first degree or aggravated harassment in the first or second degree, as defined in article two hundred forty of the penal law.
2. “Criminal street gang” shall mean any ongoing organization, association, or group of three or more persons, whether formal or informal, that engages in criminal conduct as one of its primary purposes or activities.
§ 10-171 Prohibited acts during a local state of emergency.
1. “Essential goods or services” shall mean those goods or services provided by utilities, government or private entities or personnel that are necessary to sustain or safeguard a person or property and without which a person or property is vulnerable to harm or damage. Such term shall include, but not be limited to, electricity, heat or gas service; mass transportation; telecommunications; fire-fighting, police, armed-forces, emergency medical, or hospital service; the availability of sufficient and appropriate food and clothing; temperate, sanitary, and safe shelter; potable water; and fuel.
2. “Local state of emergency” shall mean the period of time during which a proclamation issued by the mayor, declaring a local state of emergency pursuant to executive law section twenty-four, is in effect.
3. “Mandatory evacuation period” shall mean the period of time during which the occupancy and use of buildings and homes is prohibited for public safety purposes in response to a natural or man-made disaster, as determined by the mayor pursuant to section twenty-four of the executive law, and as declared by the mayor in an executive order during the pendency of a local state of emergency.
4. “Mandatory evacuation zone” shall mean any area where the occupancy and use of buildings and dwellings is prohibited for public safety purposes in response to a natural or man-made disaster as determined by the mayor pursuant to section twenty-four of the executive law, and as declared by the mayor in an executive order during the pendency of a local state of emergency.
(1) intentionally or recklessly cause, or create a material risk of, physical injury to a person;
(2) intentionally or recklessly damage, create material risk of damage to, or wrongfully deprive another person of property;
(3) knowingly enter or remain unlawfully in a building or upon real property of another person;
(4) intentionally or recklessly impede, or cause a material risk of impeding, response to the circumstances of the emergency by any governmental agency, officer or employee; or
(5) impersonate another with the intent to obtain a benefit, or to injure or defraud a person; provided, however, that such conduct shall also constitute a violation of this section if it occurs after the period of a local state of emergency where such conduct is related to circumstances surrounding or arising out of the emergency.
§ 10-172 Security guards in nonpublic schools.
“Administering agency” means one or more agencies designated by the mayor to administer the program or components thereof established by this section. The department of education, with its concurrence, may be designated as an administering agency. The city and such department may enter into an agreement in furtherance of the implementation of this section.
“Allowable costs” means (i) security guard wages equal to the prevailing wage and supplements, subject to provisions of this section governing the reimbursement of such costs, and (ii) reasonable costs, as established by rules promulgated by the administering agency, paid by qualifying nonpublic schools to security guard companies. “Allowable costs” shall include the cost of training that may be required pursuant to this section, but only to the extent that such training is not otherwise required by article 7-A of the general business law or any other federal, state, or local law or regulation, and shall not include any costs for overtime that are greater than fifteen percent of the non-overtime security wages reimbursed to a qualifying nonpublic school.
“City” means the city of New York.
“Prevailing wage and supplements” means the rate of wage and supplemental benefits per hour paid in the city to unarmed security guards as determined by the comptroller in accordance with section 234 of the labor law.
“Qualifying nonpublic school” means any nonprofit elementary or secondary school in the city, other than a public school, which is providing instruction in accordance with the education law, has been assigned a Basic Educational Data System (BEDS) code by the New York state department of education, or a similar successor identifier, and is serving students in any combination of grades pre-kindergarten through twelve.
“Qualified provider list” means a list of security guard companies that meet standards established by the administering agency to provide security services to nonpublic schools, which may include, but shall not be limited to, performance, training and other qualification standards.
“Security guard” means an unarmed individual with a current and valid registration card issued in accordance with article 7-A of the general business law, authorizing such individual to perform security services in New York.
“Security guard company” means a company licensed to provide security guards under contract to other entities pursuant to article 7 of the general business law.
“Security services” means the unarmed protection of individuals and/or property from harm or other unlawful activity, as well as, prevention, deterrence, observation, detection and/or reporting to government agencies of unlawful activity or conditions that present a risk to the safety of students, staff or the public.
1. one security guard at a qualifying nonpublic school that enrolls from 300 to 499 students;
2. two security guards at a qualifying nonpublic school that enrolls at least 500 students; and
3. an additional security guard at a qualifying nonpublic school for each additional 500 students enrolled.
For purposes of this subdivision, students with respect to whom the city separately provides assistance that includes funding for security shall not be included in the reimbursement determination, and reimbursement for the services of one security guard during periods of school-related instruction or school-related events may include the costs of different individuals providing security services at different times. Further, the term “student” shall be deemed to refer to the full-time equivalent thereof, based upon a six hour and twenty-minute school day for a student.
1. such request is made in a form and manner prescribed by the administering agency;
2. each such security guard is employed by a security guard company on the qualified provider list, provided that if such list has not been established by the administering agency or the list contains fewer than three security guard companies, then each such security guard must be employed by a security guard company;
3. each such security guard is paid no less than the prevailing wage and supplements;
4. each such security guard provides security services and no other services;
5. each such security guard and security guard company has been employed or retained in compliance with applicable labor and employment laws;
6. the nonpublic school, acting in coordination with the security guard or security guard company, reports criminal and other significant public safety-related incidents to the police department or other appropriate government agency promptly after such incidents occur and in annual summary reports, in accordance with rules promulgated by the administering agency; and
7. the nonpublic school complies with rules promulgated by the administering agency.
§ 10-173 Uniform civil penalties for possessing an open container of alcohol.
Notwithstanding any inconsistent provision of law, the civil penalty for the violation of 56 RCNY § 1-05(f)(1), or any successor rule of the department of parks and recreation that prohibits or restricts the consumption or possession with intent to consume an open container of alcohol, shall be no greater than the civil penalties established by section 10-125 of the code.
§ 10-174 Next generation 911.
Commissioner. The term “commissioner” means the commissioner of information technology and telecommunications.
Next Generation 911. The term “next generation 911” means an internet protocol based system that allows digital information, including voice, photos, videos, and text messages, to be transmitted from the public to emergency responders in accordance with any national 911 program standards or guidelines applicable pursuant to federal or state law.
Editor’s note: this section’s enacting legislation provides that “[t]his local law … is deemed repealed six months after the final report required by subdivision c of [this section] is issued.” See L.L. 2016/078 § 2, 6/28/2016.
§ 10-175 Neighborhood support teams.
Coordinating agency. The term “coordinating agency” means the agency designated by the mayor to coordinate and oversee implementation of the requirements of this section.
Geographic area. The term “geographic area” means an area no larger than a community district.
Quality of life condition. The term “quality of life condition” means a condition that has an adverse effect on the quality of life for residents and visitors in a geographic area, including but not limited to a condition involving sanitation, transportation, social services, public health, or public safety, as determined by the coordinating agency.
§ 10-176 Direct telephone access to emergency services.
Administering agency. The term “administering agency” means the offices or agencies designated by the mayor, pursuant to subdivision g of this section, to administer and enforce the provisions of this section.
Covered business. The term “covered business” means any sole proprietorship, partnership, association, joint venture, corporation or other form of business organization which opens its facilities to the general public for the sale and purchase of goods or services.
Multi-line telephone system. The term “multi-line telephone system” means a system accessible to the general public comprised of common control units, telephone sets, control hardware and software and adjunct systems which enables users to make and receive telephone calls using shared resources such as telephone network trunks or data link bandwidth. The term “multi-line telephone system” includes, but is not limited to, (i) network-based and premises-based systems, such as centrex services, (ii) premises-based, hosted and cloud-based voice over internet protocols, (iii) private branch exchanges, (iv) key telephone systems, and (v) hybrid key telephone systems.
2. Upon substantiating such allegation, such agency shall issue a notice of violation, in a form and manner established by such agency, to such covered business. In addition to any other information prescribed by such agency, such notice shall state that, if within 30 days after issuance of such notice, the condition giving rise to such violation is corrected and such covered business files with such agency, in a form and manner established by such agency, a certification that such condition has been corrected, then such covered business shall not be subject to a civil penalty for such violation.
3. If such covered business fails to correct such condition within 30 days after issuance of such notice or fails to file with the administering agency a certification in accordance with paragraph 2 of this subdivision, such covered business shall be subject to a civil penalty of not less than $250 for the first violation and not less than $500 for each subsequent violation, provided that:
(a) Such covered business shall not be subject to a civil penalty for such violation if (i) such covered business establishes that the requirements of such subdivision would be unduly and unreasonably costly for such covered business to comply with and (ii) such covered business identifies the manufacturer and model number of the multi-line telephone system that needs to be reprogrammed or replaced and establishes that such covered business made a good faith attempt to reprogram or replace the system; and
(b) No covered business shall be subject to more than one violation for the same multi-line telephone system in any 10-day period.
4. The administering agency may recover such penalties in an action in any court of appropriate jurisdiction or in a proceeding before an authorized tribunal of the office of administrative trials and hearings.
§ 10-177 Security measures at certain eating or drinking establishments.
Security guard. The term “security guard” means a person as defined by subdivision 6 of section 89-f of the general business law.
Security guard company. The term “security guard company” means a company licensed to provide security guards under contract to other entities pursuant to article 7 of the general business law.
1. The video surveillance cameras shall be digital in nature and shall be of sufficient number, type, placement and location to view and record all activity in front of and within 15 feet of either side of each entrance or exit;
2. The video surveillance cameras shall be sufficiently light sensitive and provide sufficient image resolution (supported by additional lighting if necessary) to produce easily discernible images recorded at all times;
3. The video surveillance cameras shall record at a minimum speed of fifteen frames per second;
4. The video surveillance camera images shall be capable of being viewed through use of appropriate technology, including but not limited to a computer screen or closed circuit television monitor;
5. The video surveillance camera or the system affiliated with such camera shall be capable of transferring the recorded images to a portable form of media, including but not limited to compact disc, digital video disc, universal serial bus, secure digital card or portable hard drive;
6. The video surveillance cameras shall not have an audio capability;
7. The video surveillance cameras shall be maintained in good working condition;
8. The video surveillance cameras shall be in operation and recording continuously during all hours of operation and for two hours after such establishment closes;
9. The recordings made by video surveillance cameras installed and maintained pursuant to this section shall be indexed by dates and times and preserved for a minimum of 30 days so that they may be made available to the police department and other government agencies acting in furtherance of a criminal investigation or a civil or administrative law enforcement purpose;
10. All recordings made by video surveillance cameras installed and maintained pursuant to this section while in the possession of such establishment shall be stored in a locked receptacle located in a controlled access area or, if such video recordings are in digital format, in a password-protected digital storage, to which only authorized personnel have access, or shall otherwise be secured so that only authorized personnel may access such video recordings. All personnel authorized to access such video recordings must certify in writing that they have been informed on the appropriate use and retention of recordings as set forth in this section, and on the legal issues associated with video surveillance and the use and retention of recordings. Such establishment shall keep a log of all instances of requests for, access to, dissemination and use of, recorded materials made by video surveillance cameras installed and maintained pursuant to this section; and
11. Signage shall be posted to notify the public of the use of video surveillance equipment so that the public has sufficient warning that surveillance is in operation.
1. An eating or drinking establishment that (i) operates pursuant to a permitted use under use group 12, section 32-21 of the zoning resolution, as indicated in such establishment’s certificate of occupancy or place of assembly certificate of operation; (ii) is required to have a license to sell liquor at retail pursuant to the alcohol beverage control law; and (iii) employs or retains the services of one or more security guards or a security guard company, shall maintain and make available during all hours of operation, proof that each such security guard is registered pursuant to article 7-A of the general business law or that such security guard company is licensed pursuant to article 7 of the general business law.
2. Such establishment shall maintain a roster of all security guards working at any given time when such establishment is open to the public, and shall require each security guard to maintain on his or her person proof of registration at all times when on the premises.
3. There shall be a rebuttable presumption that a person employed or whose services are retained at such establishment whose job functions include (i) the monitoring or guarding of the entrance or exit of such nightclub to manage ingress and egress to such establishment for security purposes during the hours of operation of such establishment and/or (ii) protection of such establishment from disorderly or other unlawful conduct by such patrons is a security guard, provided, however, that such rebuttable presumption shall not apply to the owner of such establishment.
4. Any violation of this subdivision may be reported to the state liquor authority.
1. Premises owned, occupied and used exclusively by a membership corporation, club, society or association, provided such membership corporation, club, society or association was in actual existence prior to January 1, 1926.
2. Premises owned, occupied and used exclusively by a religious, charitable, eleemosynary or educational corporation or institution.
3. Premises licensed pursuant to subchapters one and three of chapter two of title 20.
§ 10-178 Immigration enforcement.
City property. The term “city property” means any real property leased or owned by the city that serves a city governmental purpose and over which the city has operational control.
Immigration enforcement. The term “immigration enforcement” means the enforcement of any civil provision of the immigration and nationality act and any provision of such law that penalizes a person’s presence in, entry into, or reentry into the United States.
§ 10-179 Disorderly behavior.
1. Engages in fighting or in violent, tumultuous or threatening behavior;
2. Makes unreasonable noise;
3. In a public place, uses abusive or obscene language, or makes an obscene gesture;
4. Without lawful authority, disturbs any lawful assembly or meeting of persons;
5. Obstructs vehicular or pedestrian traffic;
6. Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
7. Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
§ 10-180 Unlawful disclosure of an intimate image.
Consent. The term “consent” means permission that is knowingly, intelligently and voluntarily given for the particular disclosure at issue.
Covered recipient. The term “covered recipient” means an individual who gains possession of, or access to, an intimate image from a depicted individual, including through the recording of the intimate image.
Depicted individual. The term “depicted individual” means an individual depicted in a photograph, film, videotape, recording or any other reproduction of an image that portrays such individual (i) with fully or partially exposed intimate body parts, (ii) with another individual whose intimate body parts are exposed, as recorded immediately before or after the occurrence of sexual activity between those individuals, or (iii) engaged in sexual activity.
Disclose. The term “disclose” means to disseminate as defined in subdivision 5 of section 250.40 of the penal law, or to publish as defined in subdivision 6 of section 250.40 of the penal law.
Intimate body parts. The term “intimate body parts” means the genitals, pubic area or anus of any person, or the female nipple or areola of a person who is 11 years old or older.
Intimate image. The term “intimate image” means a photograph, film, videotape, recording or any other reproduction of an image of a depicted individual that has been disclosed or threatened to be disclosed in a manner in which, or to a person or audience to whom, the depicted individual intended it would not be disclosed, at the time at which the covered recipient gained possession of, or access to, the intimate image. An intimate image does not include any image taken in a public place as defined in section 240.00 of the penal law, except if, at the time the image was recorded, an individual in the depicted individual’s position would reasonably have believed that no one other than the covered recipient could view the applicable intimate body parts or sexual activity while such body parts were exposed or such activity was occurring.
Sexual activity. The term “sexual activity” means sexual intercourse as defined in subdivision 1 of section 130.00 of the penal law, oral sexual conduct or anal sexual conduct as those terms are defined in subdivision 2 of section 130.00 of the penal law, touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire, sexual penetration with any object or the transmission or appearance of semen upon any part of the depicted individual’s body.
1. It is unlawful for a covered recipient to disclose an intimate image, without the depicted individual’s consent, with the intent to cause economic, physical or substantial emotional harm to such depicted individual, where such depicted individual is or would be identifiable to another individual either from the intimate image or from the circumstances under which such image is disclosed.
2. It is unlawful for a covered recipient to make a threat to violate paragraph 1 of this subdivision, provided that for the purposes of this paragraph a depicted individual shall be considered to be identifiable where the covered recipient states or implies that such person would be so identifiable.
1. Any individual who suffers harm from a violation of subdivision b of this section shall have a civil cause of action in any court of competent jurisdiction against the individual who violated that subdivision.
2. The defendant may be held liable to the plaintiff for any or all of the following relief:
(a) Compensatory and punitive damages;
(b) Injunctive and declaratory relief;
(c) Attorneys’ fees and costs; and
(d) Such other relief as a court may deem appropriate.
3. This subdivision shall not be construed to require that a criminal charge be brought, or a criminal conviction be obtained, as a condition of bringing a civil action or receiving a civil judgment pursuant to this subdivision.
1. Such disclosure or threat of disclosure is made in the course of reporting unlawful activity, in the course of a legal proceeding or by law enforcement personnel in the conduct of their authorized duties;
2. Such disclosure is made by a provider of an interactive computer service, as defined in paragraph (2) of subsection (f) of section 230 of title 47 of the United States code, with regard to content provided by another information content provider, as defined in paragraph (3) of such subsection; or
3. Such disclosure or threat of disclosure is made in relation to a matter of legitimate public concern or is otherwise protected by the first amendment of the United States constitution.
§ 10-201 Unlawful possession of controlled substances.
No person shall unlawfully posses or sell any controlled substance the possession or sale of which would constitute a felony pursuant to articles two hundred twenty or two hundred twenty-one of the penal law.
§ 10-202 Civil Action.
§ 10-203 Unlawful manufacture, distribution or sale of a synthetic cannabinoid or synthetic phenethylamine.
1. any synthetic cannabinoid or synthetic phenethylamine, as such terms are defined by part 9 of title 10 of the New York codes, rules and regulations as of the date of the violation, or as included in schedule I of the federal drug enforcement administration schedules of controlled substances, as listed in 21 CFR § 1308.11, or successor regulation, as of the date of the violation, or any cannabimimetic agent, as defined in 21 U.S.C. § 812, as of the date of the violation; or
2. any analogue of a synthetic cannabinoid, synthetic phenethylamine or cannabimimetic agent. For the purposes of this paragraph, “analogue of a synthetic cannabinoid, synthetic phenethylamines or cannabimimetic agent” means a substance that has a chemical structure that is substantially similar to the chemical structure of a substance described in paragraph 1 of this subdivision and has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of such a substance described in paragraph 1 of this subdivision; or
3. any substance commonly known as synthetic marijuana, K-2 or bath salts, including but not limited to a substance so identified as an embargoed product by order of the commissioner of the department of health and mental hygiene, that is represented as being intended for human consumption. Evidence of representations that a substance commonly known as synthetic marijuana, K-2 or bath salts is intended for human consumption may include, but is not limited to, oral, visual or written representations by the manufacturer, distributor or seller about the substance with regard to its nature, use or effect; or
4. any purported synthetic drug. In any proceeding commenced in connection with an alleged violation of this paragraph, it shall be necessary to prove that the purported synthetic drug was represented to be a substance described in paragraph 1, 2 or 3 of this subdivision; provided, however, that it shall not be a defense to prosecution under this section that the accused believed the purported synthetic drug to be such a substance. For the purposes of this subdivision, the term “purported synthetic drug” means a substance that, by dosage unit appearance, including color, shape and size, and by a representation, is represented to be a substance described in paragraph 1, 2 or 3 of this subdivision. Evidence of such a representation may include, but is not limited to, oral, visual or written representations by the manufacturer, distributor or seller about the substance with regard to:
(a) its price, nature, use or effect as a substance described in paragraph 1, 2 or 3 of this subdivision; or
(b) its packaging in a manner normally used for substances described in paragraph 1, 2 or 3 of this subdivision.
1. a mandatory suspension of his or her retail dealer license for a period of thirty days for a violation of this section; or
2. a mandatory revocation of his or her retail dealer license, or of any subsequent license holder, for a second or subsequent violation of this section occurring on a different day at the same place of business within a three-year period, unless the subsequent license holder provides the commissioner of the agency that has commenced the proceeding to recover a civil penalty pursuant to subdivision d of this section with adequate documentation demonstrating that such subsequent license holder acquired the premises or business through an arm’s length transaction, as defined in paragraph 5 of subdivision d of section 20-202 of the code, and that the sale or lease was not conducted, in whole or in part, for the purpose of permitting the original licensee to avoid the effect of violations on the premises.
§ 10-301 Control and regulation of the disposition, purchase and possession of firearms, rifles, shotguns and assault weapons.
Definitions. Whenever used in this chapter the following terms shall mean and include:
(a) Any pistol or revolver;
(b) a shotgun having one or more barrels less than eighteen inches in length; or
(c) a rifle having one or more barrels less than sixteen inches in length; or
(d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches. For the purpose of this subdivision the length of the barrel on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breechlock when closed and when the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Firearm does not include an antique firearm. The provisions of this chapter relating to firearms shall not apply to assault weapons except as specifically provided.
(a) Any semiautomatic centerfire or rimfire rifle or semiautomatic shotgun which has one or more of the following features:
1. folding or telescoping stock or no stock;
2. pistol grip that protrudes conspicuously beneath the action of the weapon;
3. bayonet mount;
4. flash suppressor or threaded barrel designed to accommodate a flash suppressor;
5. barrel shroud;
6. grenade launcher; or
7. modifications of such features, or other features, determined by rule of the commissioner to be particularly suitable for military and not sporting purposes. In addition, the commissioner shall, by rule, designate specific semiautomatic centerfire or rimfire rifles or semiautomatic shotguns, identified by make, model and/or manufacturer’s name, as within the definition of assault weapon, if the commissioner determines that such weapons are particularly suitable for military and not sporting purposes. The commissioner shall inspect such specific designated semiautomatic centerfire or rimfire rifles or semiautomatic shotguns at least three times per year, and shall revise or update such designations as he or she deems appropriate.
(b) Any shotgun with a revolving-cylinder magazine.
(c) Any part, or combination of parts, designed or redesigned or intended to readily convert a rifle or shotgun into an assault weapon.
(d) “Assault weapon” shall not include any rifle or shotgun modified to render it permanently inoperative.
§ 10-302 Licensing of gunsmiths, of wholesale manufacturers of firearms, or assemblers of firearms, dealers in firearms, dealers in rifles and shotguns, and special theatrical dealers.
(1) of good moral character;
(2) who has not been convicted anywhere of a felony or of any serious offense;
(3) who has stated whether he or she has ever suffered any mental illness or been confined to any hospital or institution, public or private, for mental illness and who is free from any mental disorder, defects or diseases that would impair the ability safely to possess or use a firearm, rifle or shotgun;
(4) who has not been convicted of violating section 10-303.1 of this chapter; and
(5) concerning whom no good cause exists for the denial of a license.
(2) Each applicant to engage in such business shall comply with all the requirements set forth in this section. If the applicant is a partnership, each partner thereof shall comply with all the requirements set forth in this section and if the applicant is a corporation, each officer thereof shall so comply.
(3) No applicant for a special theatrical dealer’s license or renewal thereof shall be issued such license or renewal unless the applicant submits proof, in such form as the commissioner may require, that at least ten percent of the gross income earned by the applicant as a dealer in firearms, dealer in rifles and shotguns and, in the case of an application for renewal, special theatrical dealer, in the year preceding the application for such license or renewal, was earned from the lease for theatrical purposes of such ammunition feeding devices, firearms, rifles, shotguns or assault weapons as the applicant was authorized to lease. No applicant for a special theatrical dealer’s license or renewal thereof shall be issued such license or renewal unless the gross income earned by the applicant as a dealer in firearms, dealer in rifles and shotguns and, in the case of an application for renewal, special theatrical dealer, in the year preceding the application for such license or renewal, exceeded fifty thousand dollars.
(1) Any person licensed under this section shall keep an accurate book record of every transaction involving a firearm, machine gun, rifle, shotgun or assault weapon. Such record shall be kept in the manner prescribed and contain the information required by the police commissioner.
(2) The records required by this section shall be subject to inspection at all times by members of the police department. Such records shall be maintained on the premises mentioned and described in the license, and preserved for record. In the event of suspension, cancellation or revocation of a license, or discontinuance of business by a licensee, such record shall be immediately surrendered to the police commissioner.
(3) Any person licensed under this section as a dealer in firearms or special theatrical dealer shall cause a physical inventory to be taken within the first five business days of April and October of each year, which shall include a listing of each firearm by make, caliber and serial number. The original copy of such inventory shall be securely maintained on the premises for which the license was issued. One or more additional copies shall be forwarded to such addresses as the commissioner may direct, by such means as the commissioner may direct.
(4) With each copy of the inventory required under paragraph three of this subdivision shall be included an affidavit signed by the licensee (or, if the licensee is not a natural person, by an officer, general manager, or other principal of the licensee) stating under penalties of perjury that within the first five business days of that April or October, as the case may be, the signer has personally observed the firearms reported. The affidavit shall also describe the date and contents of any report required to be made pursuant to section 400.10 of the penal law.
(5) In addition to the penalties specified in section 10-310, any act or omission that constitutes a violation of this subdivision or of rules and regulations issued by the commissioner pursuant thereto shall be grounds for the revocation of a license issued by the commissioner pursuant to this section.
(1) The police commissioner may make and promulgate such rules and regulations regarding the issuance and renewal of such licenses and the reporting of inventory of firearms, loss of firearms, and theft of firearms and may prescribe such forms as are necessary to carry out the provisions of this section.
(2) Such rules and regulations shall prescribe reasonable standards and conditions under which firearms, component parts of firearms, rifles, shotguns, assault weapons and ammunition shall be kept at the store or premises of gunsmiths, including store and plant security, employment, record keeping and product quality control for the protection of the public safety, health and welfare. The foregoing enumeration shall not be construed as a limitation of the police commissioner’s authority to promulgate rules and regulations hereunder.
(3) The violation of such rules and regulations shall be triable by a judge of the criminal court of the city of New York and punishable by not more than thirty days imprisonment or by a fine of not more than fifty dollars, or both.
§ 10-302.1 Preventing the diversion of firearms, rifles and shotguns to criminals.
(i) any transaction in which a person acquires a firearm, rifle or shotgun by operation of law, or because of the death of another person for whom such person is an executor or administrator of an estate or a trustee of a trust created in a will, provided that within fifteen days such person surrenders such firearm, rifle or shotgun to the commissioner until it can be reacquired without violation of this section or other applicable law. If a firearm, rifle or shotgun is surrendered pursuant to this subdivision but no written request to reacquire it is received by the commissioner within two years of such surrender, the commissioner shall dispose of such firearm in accordance with the provisions of section 400.05 of the penal law;
(ii) the exchange of a firearm, rifle or shotgun by a dealer in firearms or a dealer in rifles and shotguns for another firearm, rifle or shotgun previously purchased from such dealer by the person requesting such exchange, provided that such exchange takes place within thirty days of such request;
(iii) the acquisition or disposal of an antique firearm, rifle or shotgun which is incapable of being fired or discharged or which does not fire fixed ammunition, or a firearm, rifle or shotgun manufactured prior to eighteen hundred ninety-four or whose design was patented and whose commercial manufacture commenced prior to eighteen hundred ninety-four and whose manufacture continued after such year without any substantial alteration in design or function, and for which cartridge ammunition is not commercially available and is possessed as a curiosity or ornament or for its historical significance and value;
(iv) the acquisition or disposal of a firearm at an indoor or outdoor pistol range when such acquisition or disposal begins a period of possession or use of the firearm that is authorized by paragraphs 7-a, 7-b, or 7-e of subdivision a of section 265.20 of the penal law;
(v) the sale of a firearm by a dealer in firearms to a person whose firearm is stolen or irretrievably lost, provided that:
(1) such person has complied with any legal requirement to report the loss or theft, including but not limited to the applicable provisions of title thirty-eight of the rules of the city of New York and section 400.10 of the penal law;
(2) such person provides to such dealer a copy of a police report of the loss or theft or of any report made pursuant to the applicable provisions of title thirty-eight of the rules of the city of New York and section 400.10 of the penal law, which copy the dealer shall attach to the record book required to be kept by subdivision n of section 10-302;
(3) the copy provided pursuant to subparagraph two of this paragraph contains the name and address of the regulated firearm owner, a description of the regulated firearm, the location of the loss or theft, if known, the date of the loss or theft, if known, and the date when the loss or theft was reported to the law enforcement agency; and
(4) such person’s attempt to replace the regulated firearm occurs within thirty days of the loss or theft of such firearm, if known, or, if such date is not known, within thirty days of the date when the loss or theft was reported to the law enforcement agency, as reflected by the information recorded on the police report; and
(vi) any other transaction authorized in advance in writing by the commissioner.
(i) In addition to the penalties specified in section 10-310, any act or omission that constitutes or would constitute a violation of this section or of rules and regulations issued by the commissioner pursuant thereto shall be grounds for the revocation of a license to deal in firearms, deal in rifles and shotguns, possess firearms, or possess a rifle or shotgun.
(ii) Any firearm disposed of or acquired in violation of this section shall be a nuisance subject to surrender and forfeiture in accordance with the procedures specified in section 400.05 of the penal law.
(i) procedures for implementation of this section by the commissioner;
(ii) establishment of a database of firearm, rifle and shotgun purchases for the purpose of enforcing the requirements of this chapter; and
(iii) the specification of reasonable efforts required to comply with subdivision d of this section.
§ 10-303 Permits for possession and purchase of rifles and shotguns.
It shall be unlawful to dispose of any rifle or shotgun to any person unless said person is the holder of a permit for possession and purchase of rifles and shotguns; it shall be unlawful for any person to have in his or her possession any rifle or shotgun unless said person is the holder of a permit for the possession and purchase of rifles and shotguns. The disposition of a rifle or shotgun, by any licensed dealer in rifles and shotguns, to any person presenting a valid rifle and shotgun permit issued to such person, shall be conclusive proof of the legality of such disposition by the dealer.
(1) is under the age of twenty-one; or
(2) is not of good moral character; or
(3) has been convicted anywhere of a felony; of a serious offense as defined in §265.00 (17) of the New York State Penal Law; of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a); of a misdemeanor crime of assault as defined in the penal law where the applicant was convicted of such assault within the ten years preceding the submission of the application; or of any three misdemeanors as defined in local, state or federal law, however nothing in this paragraph shall preclude the denial of a permit to an applicant with fewer than three misdemeanor convictions; or
(4) has not stated whether he or she has ever suffered any mental illness or been confined to any hospital or institution, public or private, for mental illness; or
(5) is not now free from any mental disorders, defects or diseases that would impair the ability safely to possess or use a rifle or shotgun; or
(6) has been the subject of a suspension or ineligibility order issue pursuant to §530.14 of the New York State Criminal Procedure Law or §842-a of the New York State Family Court Act; or
(7) who is subject to a court order that
(a) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate;
(b) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(c) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;
(d) For purposes of this section only, “intimate partner” means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person; or
(8) has been convicted of violating section 10-303.1 of this chapter; or
(9) unless good cause exists for the denial of the permit.
(1) Upon completion of the investigation, and in no event later than thirty days from the submission of the application, unless the police commissioner determines more time is needed for an investigation and then it shall not exceed sixty days, the commissioner shall issue the permit or shall notify the applicant of the denial of the application and the reason or reasons therefor. The applicant shall have the right to appeal said denial pursuant to procedures established by the police commissioner for administrative review.
(2) Any person holding a valid license to carry a concealed weapon in accordance with the provisions of the penal law, shall be issued such permit upon filing an application and upon paying the established fee therefor, without the necessity of any further investigation, affidavits or fingerprinting, unless the police commissioner has reason to believe that the status of the applicant has changed since the issuance of the prior license.
§ 10-303.1 Prohibition of the possession or disposition of assault weapons.
(1) peaceably surrender his or her assault weapon pursuant to subdivision f of section 10-305 for the purpose of destruction of such weapon by the commissioner, provided that the commissioner may authorize the use of such weapon by the department; or
(2) lawfully remove such assault weapon from the city of New York. All assault weapons possessed by such permittees, licensees and previously exempt persons shall be subject to the provisions of this subdivision, whether defined as assault weapons in subdivision 16 of section 10-301 or in rules promulgated by the commissioner pursuant to subparagraph 7 of paragraph a of subdivision 16 of section 10-301.
(1) peaceably surrender such assault weapon pursuant to subdivision f of section 10-305 for the purpose of destruction of such weapon by the commissioner, provided that the commissioner may authorize the use of such weapon by the department; or
(2) lawfully remove such assault weapon from the city of New York.
§ 10-303.2 Civil penalty; firearms dealers and manufacturers.
(1) The manufacturer or dealer executes no transfers or agreements to transfer at gun shows except for gun shows that maintain a practice of performing instant criminal background checks consistent with 18 U.S.C. § 922 (t), as such subsection may be amended from time to time and any successor provision thereto, on all transfers, whether by licensed or unlicensed sellers.
(2) Any place of business operated by the manufacturer or dealer is located at a fixed address where:
(a) a record is maintained, as may be required by any statute, law or regulation, of the make, model, caliber or gauge, and serial number of all firearms held in inventory or offered for sale; and
(b) a record is maintained, as may be required by any statute, law or regulation, of the make, model, caliber or gauge, and serial number of all firearms sold, and of any identifying information required by any such statute, law or regulation to be obtained from purchasers;
(3) The manufacturer or dealer provides access to the aforementioned records to officers, employees and agents of public agencies conducting inspections, to the full extent required by applicable statutes, laws and regulations;
(4) The manufacturer or dealer limits transfers to any individual or entity to one handgun in any given thirty-day period, provided that this paragraph shall not apply to lawful transfers to (a) public agencies in furtherance of official business; (b) law enforcement officers employed by public agencies; (c) private security firms, holding any permits or licenses required by applicable statutes, laws and regulations, for the use of their agents and employees; (d) private operators of state and local correctional facilities, for the use of their agents and employees; or (e) licensed manufacturers, licensed dealers or licensed collectors, as those terms are defined by 18 U.S.C. § 921, as such section may be amended from time to time, or any successor provision thereto;
(5) The manufacturer or dealer has complied with all applicable statutes, laws and regulations governing the transfer of firearms; and
(6) The manufacturer or dealer has not transferred a firearm to any other manufacturer or dealer in circumstances in which the manufacturer or dealer transferring such firearm knew or should have known that such manufacturer or dealer had not complied with the standards set forth in this subdivision.
(1) No action may be commenced pursuant to this section by any person injured or killed by the discharge of a firearm that is lawfully possessed by a law enforcement official employed by a public agency.
(2) This section shall not limit in scope any cause of action, other than that provided by this section, available to a person injured by or killed by a firearm.
(3) Nothing in this section shall prevent a manufacturer or dealer from seeking whole or partial indemnity or contribution for any liability incurred under this section from any third party wholly or partially responsible for the injury or death.
(4) Notwithstanding the provisions of subdivision b, there shall be no basis for liability under this section if the manufacturer or dealer proves by a preponderance of the evidence that: (i) the person injured or killed by the discharge of a firearm was committing or attempting to commit a crime (whether or not such crime is actually charged); (ii) the unlawful transfer or possession of the firearm is solely a result of the failure of the owner of the firearm to renew a license, permit or registration within six months of the date such renewal is required; or (iii) prior to the injury or death caused by the firearm, a lawful possessor of the firearm has reported its theft to a federal, state or local law enforcement agency, or reported its loss to an appropriate public agency.
(5) Notwithstanding the provisions of subdivision b, there shall be no basis for liability under this section if the manufacturer or dealer proves by a preponderance of the evidence that the manufacturer or dealer lawfully transferred the firearm to: (i) a public agency in furtherance of official business; (ii) a law enforcement officer employed by a public agency; (iii) a private security firm, holding any permits or licenses required by applicable statutes, laws and regulations, for the use of its agents and employees; or (iv) a private operator of a state or local correctional facility for the use of its agents and employees.
(6) Notwithstanding the provisions of subdivision b, there shall be no basis for liability under this section if the manufacturer or dealer proves by a preponderance of the evidence that the injury or death is not directly or indirectly related to any act or omission by such manufacturer or dealer, including but not limited to any failure by the manufacturer or dealer to comply with the standards set forth in subdivision b of this section.
§ 10-304 Certificates of registration.
1. If the seller is a licensed dealer, he or she shall at the time of the sale issue a certificate of registration to the purchaser provided to the dealer for that purpose by the police commissioner and shall forward to the police commissioner the duplicate thereof, together with the report of disposition.
2. If the seller is not a licensed dealer, the police commissioner shall, if the purchaser’s rifle permit is valid, issue the certificate of registration within ten days of the receipt by the police commissioner of the report of disposition. Pending receipt of the certificate, but in no event for any longer than fourteen days from the date of purchase, the copy of the report of disposition shall serve in lieu of the purchaser’s certificate of registration.
§ 10-305 Exemptions.
The sections requiring rifle and shotgun permits and certificates and prohibiting the possession or disposition of assault weapons shall not apply as follows:
(2) Non-residents purchasing a rifle or shotgun from a licensed dealer. Any other provision of this chapter notwithstanding, a non-resident of the city of New York may purchase a rifle or shotgun from a licensed dealer provided that he or she presents the dealer with documentary evidence of his or her identity and place of residence, and the rifle or shotgun purchased is either personally delivered to the purchaser or transmitted by the dealer directly to the purchaser’s residence. In the event the purchaser is traveling from the city by rail, ship or plane, the dealer is hereby authorized to deliver such rifle or shotgun at the appropriate terminal to a representative of the railroad, airline or shipping company, for placement aboard such train, plane or ship. If the rifle or shotgun is personally delivered to the non-resident purchaser within the city of New York, the purchaser shall have the rifle or shotgun removed from the city no later than twenty-four hours after the time of purchase. This exemption shall not apply to assault weapons.
§ 10-306 Disposition, purchase and possession of ammunition and ammunition feeding devices.
§ 10-307 Supply of forms.
The commissioner shall provide all dealers in rifles and shotguns with adequate supplies of all forms including applications for permits as required by this chapter, without charge.
§ 10-308 Vehicles, rooms, dwellings or structures; possession therein.
The presence of a rifle, or shotgun, or rifle or shotgun ammunition, in a vehicle, room, dwelling or structure, without a rifle and shotgun permit therefor and a certificate of registration therefor, or the presence of an assault weapon in a vehicle, room, dwelling or structure, shall be presumptive evidence of possession thereof by all persons occupying the vehicle, room, dwelling or structure at the time.
§ 10-309 Identifying marks.
§ 10-310 Violation.
Except as is otherwise provided in sections 10-302 and 10-303.1, violation of sections 10-301 through 10-309 and of rules and regulations issued by the commissioner pursuant thereto shall be a misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment of not more than one year or both, provided that the first violation of such sections involving possession of an unregistered rifle or shotgun or rifle or shotgun ammunition or an ammunition feeding device which is designed for use in a rifle or shotgun and which is capable of holding no more than five rounds of rifle or shotgun ammunition shall be an offense punishable by a fine of not more than three hundred dollars or imprisonment of not more than fifteen days, or both on condition that (a) the first violation of possession of an unregistered rifle and shotgun or rifle and shotgun ammunition or an ammunition feeding device which is designed for use in a rifle or shotgun and which is capable of holding no more than five rounds of rifle or shotgun ammunition is not in conjunction with the commission of a crime and (b) the possessor has not been previously convicted of a felony or a serious offense and (c) the possessor has not previously applied for and been denied a permit for such possession.
§ 10-311 Sale of weapons without safety locking device prohibited.
(2) The police commissioner shall provide written notice of the requirements of this section and section 10-312 to all persons who receive an official authorization to purchase a weapon and all persons applying for renewal of a license or permit issued pursuant to chapters one or three of title ten, including any rules promulgated under this subdivision. All persons applying for a license or permit or applying for the renewal of a license or permit pursuant to chapters one or three of title ten of this code, shall receive from the commissioner information concerning the importance of using a safety locking device while a weapon is not in use, and a warning that weapons should be stored unloaded and locked in a location that is both separate from their ammunition and inaccessible to [their] children and any other unauthorized persons.
§ 10-312 Use of safety locking device required under certain circumstances.
§ 10-313 Mandatory disclosure of gun violence information.
Prior to issuing a license or permit for possession of a firearm, the department must provide applicants with the following statement in printed form:“Warning: The presence of a firearm in the home is associated with an increased risk of suicide, death during domestic violence disputes, and unintentional deaths to children and others.”
§ 10-314 Prohibition on unfinished frames or receivers.
§ 10-401 Short title.
This local law shall be known as the “Victims of Violent Crime Protection Act”.
§ 10-402 Definition.
For purposes of this chapter:
§ 10-403 Civil cause of action.
Except as otherwise provided by law, any person claiming to be injured by an individual who commits a crime of violence as defined in section 10-402 of this chapter, shall have a cause of action against such individual in any court of competent jurisdiction for any or all of the following relief:
§ 10-404 Limitations.
§ 10-405 Burden of proof.
Conviction of a crime arising out of the same transaction, occurrence or event giving rise to a cause of action under this chapter shall be considered conclusive proof of the underlying facts of that crime for purposes of an action brought under this chapter. That such crime was a crime of violence must be proved by preponderance of the evidence.
§ 10-406 Severability.
If any section, subsection, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.
§ 10-501 Definitions.
For the purposes of this chapter,
§ 10-502 Agency disclosure of a security breach.
1. Written notice to the individual at his or her last known address; or
2. Verbal notification to the individual by telephonic communication; or
3. Electronic notification to the individual at his or her last known e-mail address.
§ 10-503 Agency disposal of personal identifying information.
An agency that discards records containing any individual’s personal identifying information shall do so in a manner intended to prevent retrieval of the information contained therein or thereon.
§ 10-504 Agency disposal of electronics.
§ 10-601 Short Title.
This local law shall be known as the “Gun Offender Registration Act.”
§ 10-602 Definitions.
For purposes of this chapter:
§ 10-603 Duty to register and to verify.
1. The gun offender’s name, all aliases used, date of birth, sex, race, height, weight, eye color, number of any driver’s license or non-driver photo ID card, home address and/or expected place of residence.
2. A photograph, updated during the period of registration as described in subdivision d of this section.
3. A description of the offense for which the gun offender was convicted, the date of conviction and the sentence imposed.
4. The name and address of any institution of career education, higher education or secondary education at which the gun offender is or expects to be enrolled or attending, and whether such offender resides in or will reside in a facility owned or operated by such institution.
5. The gun offender’s expected place of employment, including name and phone number of supervisor and mailing address of employer.
6. Any other information deemed pertinent by the department.
1. Except as specified in paragraph 2 of this subdivision, within twenty days of each six month anniversary of the gun offender’s initial registration date, the gun offender shall personally appear at such office as the commissioner may direct for the purpose of verifying such information as may be required under subdivision c of this section with the department. The department may at such time photograph the gun offender. The commissioner may require the gun offender to provide such documentation as the commissioner deems acceptable verifying such information.
2. If a gun offender required to register under this chapter who is a resident of the City of New York is confined to any state or local correctional facility, hospital or institution throughout the twenty-day period described in paragraph 1 of this subdivision, such gun offender shall personally appear as required by paragraph 1 within forty-eight hours of release. The department may at such time photograph the gun offender.
§ 10-604 Duration of registration and verification.
A gun offender shall register and verify for a period of four years from the date of conviction of a gun offense, if the conviction does not include imprisonment, or for a period of four years from the date of release after conviction of a gun offense, in the event the gun offender receives a sentence of imprisonment.
§ 10-605 Sharing of registration information.
The department is authorized to make the registry available to any regional or national government-operated registry of gun offenders for the purpose of sharing information. The department may accept files from any regional or national registry of gun offenders. The department is also authorized to make the registry available to other City agencies.
§ 10-606 Cooperation with other agencies.
The department is authorized to cooperate with state and City agencies and the judiciary to facilitate implementation of this chapter. Assistance and cooperation in the implementation of this chapter shall be provided by other City departments and agencies upon request by the commissioner.
§ 10-607 Regulations.
The commissioner may make and promulgate such rules and regulations and establish such forms as are necessary to carry out the provisions of this chapter.
§ 10-608 Penalties.
Any violation by a gun offender of this chapter or of rules and regulations established pursuant to this chapter, including any failure to register or to verify pursuant in the manner and within the time periods provided for in this chapter, shall be a misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment of not more than one year or both. Failure to receive any form shall not excuse any violation of this chapter.
§ 10-701 Definitions.
Whenever used in this chapter, the following terms shall have the following meanings:
§ 10-702 Unauthorized operation of a recording device in a place of public performance prohibited.
No person may engage in or cause or permit another to engage in the unauthorized operation of a recording device in a place of public performance.
§ 10-703 Penalties.
Any person who violates the provisions of this chapter shall be guilty of a misdemeanor which, upon a first conviction, shall be punishable by a term of imprisonment not to exceed six months, by a fine of not less than one thousand dollars nor more than five thousand dollars, or both such fine and imprisonment, and be subject to a civil penalty not to exceed five thousand dollars. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor which, upon a second and any subsequent conviction occurring within one year of a first conviction, shall be punishable by a term of imprisonment not to exceed one year, by a fine of not less than five thousand dollars nor more than ten thousand dollars, or both such fine and imprisonment, and be subject to a civil penalty not to exceed ten thousand dollars. Such penalty shall be in addition to any other penalties or sanctions that may be imposed, and such penalties shall not limit or preclude any cause of action available to any person or entity injured or aggrieved by such action.
§ 10-704 Exception.
This section shall not be interpreted to impair or restrict any law enforcement personnel or employees of governmental agencies or other entities, public or private, who, in the course of their employment, attempt to capture any visual image, sound recording, or other physical impression: (i) of a person engaging in criminal or otherwise illegal activity; or (ii) while conducting an investigation, surveillance, or monitoring of any person to obtain evidence of suspected illegal activity, including the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other suspected fraudulent conduct or activity involving a violation of law or pattern of business practices adversely affecting public health or safety.
§ 10-705 Signage.
The operator of a venue as defined by paragraph (2) of subdivision b of § 10-701 of this subchapter may prominently display at the entrance to such venue, a sign stating in conspicuous letters that are at least three-fourths of an inch high that the unauthorized operation of a recording device at such place of public performance is prohibited by law and is punishable by criminal and civil penalties.
§ 10-706 Rule-making authority.
The police department may promulgate rules as necessary to carry out the provisions of this chapter.
§ 10-801 Definitions.
§ 10-802 Silver alert system.
The administering agency shall establish a silver alert system, pursuant to the provisions of this chapter of the code, that will provide rapid notification to the public when a vulnerable senior is reported missing under circumstances indicating that the person is in imminent danger of serious bodily harm or death.
§ 10-803 Procedures.
§ 10-901 Definitions.
As used in this chapter, the following terms have the following meanings:
Administering agency. The term “administering agency” means any city agency, office, department, division, bureau or institution of government, the expenses of which are paid in whole or in part from the city treasury, as the mayor designates.
Hit-and-run. The term “hit-and-run” means when any driver who, knowing or having cause to know that serious physical injury has been caused to another person due to an incident involving the driver’s motor vehicle, leaves the scene of an incident without complying with all of the provisions of paragraph a of subdivision two of section six hundred of the vehicle and traffic law.
Serious physical injury. The term “serious physical injury” has the same meaning as in section 10.00 of the penal law.
§ 10-902 Hit-and-run alert system.
§ 10-1001 Short title.
This chapter shall be known and may be cited as the “access to reproductive health care facilities law”.
§ 10-1002 Definitions.
As used in this chapter, the following terms have the following meanings:
Person. The term “person” means an individual, corporation, not-for-profit organization, partnership, association, group or any other entity.
Premises of a reproductive health care facility. The term “premises of a reproductive health care facility” means the driveway, entrance, entryway, or exit of a reproductive health care facility and the building in which such facility is located and any parking lot in which the facility has an ownership or leasehold interest.
Reproductive health care facility. The term “reproductive health care facility” means any building, structure or place, or any portion thereof, at which licensed, certified or otherwise legally authorized persons provide health care services or health care counseling relating to the human reproductive system.
§ 10-1003 Prohibition of activities to prevent access to reproductive health care facilities.
1. To knowingly physically obstruct or block another person from entering into or exiting from the premises of a reproductive health care facility by physically striking, shoving, restraining, grabbing, or otherwise subjecting a person to unwanted physical contact, or attempting to do the same;
2. To knowingly obstruct or block the premises of a reproductive health care facility, so as to impede access to or from the facility, or to attempt to do the same;
3. To follow and harass another person within 15 feet of the premises of a reproductive health care facility;
4. To engage in a course of conduct or repeatedly commit acts within 15 feet of the premises of a reproductive health care facility when such behavior places another person in reasonable fear of physical harm, or to attempt to do the same;
5. To physically damage a reproductive health care facility so as to interfere with its operation, or to attempt to do the same; or
6. To knowingly interfere with the operation of a reproductive health care facility, or to attempt to do the same, by activities that include, but are not limited to, interfering with, or attempting to interfere with (i) medical procedures being performed at such facility or (ii) the delivery of goods to such facility.
§ 10-1004 Civil cause of action.
Where there has been a violation of subdivision a of section 10-1003, any person whose ability to access a reproductive health care facility has been interfered with, and any owner or operator of a reproductive health care facility or owner of a building in which such a facility is located, may bring a civil action in any court of competent jurisdiction for any or all of the following relief:
§ 10-1005 Civil action by city to enjoin interference with access to reproductive health care facilities.
The corporation counsel may bring a civil action on behalf of the city in any court of competent jurisdiction for injunctive and other appropriate equitable relief in order to prevent or cure a violation of subdivision a of section 10-1003.
§ 10-1006 Joint and several liability.
If it is found, in any action brought pursuant to the provisions of this chapter, that two or more of the named defendants acted in concert pursuant to a common plan or design to violate any provision of subdivision a of section 10-1003, such defendants shall be held jointly and severally liable for any fines or penalties imposed or any damages awarded.
§ 10-1007 Construction.
§ 10-1101 Short title.
This chapter shall be known and may be cited as the “Victims of Gender-Motivated Violence Protection Law”.
§ 10-1102 Declaration of legislative findings and intent.
Gender-motivated violence inflicts serious physical, psychological, emotional and economic harm on its victims. Congressional findings have documented that gender-motivated violence is widespread throughout the United States, representing the leading cause of injuries to women ages 15 to 44. Further statistics have shown that three out of four women will be the victim of a violent crime sometime during their lives, and as many as 4,000,000 women a year are victims of domestic violence. Senate hearings, various task forces and the United States department of justice have concluded that victims of gender-motivated violence frequently face a climate of condescension, indifference and hostility in the court system and have documented the legal system’s hostility towards sexual assault and domestic violence claims. Recognizing this widespread problem, congress in 1994 provided victims of gender-motivated violence with a cause of action in federal court through the violence against women act (VAWA) (section 13981 of title 42 of the United States code). In a May 15, 2000, decision, the United States supreme court held that the constitution provided no basis for a federal cause of action by victims of gender-motivated violence against perpetrators of offenses committed against them either under the commerce clause or the equal protection clause of the fourteenth amendment. In so ruling, the court held that it could “think of no better example of the police power, which the Founders denied the National Government and reposed in the States, than the suppression of violent crime and vindication of its victims.”
§ 10-1103 Definitions.
As used in this chapter, the following terms have the following meanings:
Crime of violence. The term “crime of violence” means an act or series of acts that would constitute a misdemeanor or felony against the person as defined in state or federal law or that would constitute a misdemeanor or felony against property as defined in state or federal law if the conduct presents a serious risk of physical injury to another, whether or not those acts have actually resulted in criminal charges, prosecution, or conviction.
Crime of violence motivated by gender. The term “crime of violence motivated by gender” means a crime of violence committed because of gender or on the basis of gender, and due, at least in part, to an animus based on the victim’s gender.
§ 10-1104 Civil cause of action.
Except as otherwise provided by law, any person claiming to be injured by an individual who commits a crime of violence motivated by gender has a cause of action against such individual in any court of competent jurisdiction for any or all of the following relief:
§ 10-1105 Limitations.
§ 10-1106 Burden of proof.
Conviction of a crime arising out of the same transaction, occurrence or event giving rise to a cause of action under this chapter is conclusive proof of the underlying facts of that crime for purposes of an action brought under this chapter. That such crime was a crime of violence motivated by gender must be proved by a preponderance of the evidence.
§ 10-1107 Severability.
If any section, subsection, sentence, clause, phrase or other portion of this chapter is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.
FAIR USE NOTICE. The Website may contain copyrighted material the use of which may not always be specifically authorized by the copyright owner. In such a case we are making the material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. Read the full Fair Use Declaration. Please contact us at wegov.nyc/get-involved with questions, comments, requests, offers, etc.