nyc council bill to decriminalize crime

8/20/2019 NYC COUNCIL BILL TO DECRIMINALIZE CRIME

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Committee Staff:

Committee on Public SafetyDeepa Ambekar, Legislative CounselBeth Golub, Legislative Counsel

Laurie en, Legislative Policy Analyst!llen !ng, Legislative "inancial Analyst

Legislative CounselBrian Cro#

THE COUNCIL OF THE CITY OF NEW YORK

COMMITTEE REPORT OF THE GOVERNMENTAL AFFAIRS DIVISION

Matthew Gewolb, Le!"lat!#e D!$e%to$

Ra%hel Co$&e$o, De'(t) D!$e%to$, Go#e$*+e*tal Aa!$"

COMMITTEE ON PU-LIC SAFETY

Ho*. Va*e""a L. G!b"o*, Cha!$

/a*(a$) 01, 0234

PRECONSIDERED INT. NO. $he Speaker %Council &ember &ark'(iverito)

1



TITLE5 A Local La# to amen* the a*ministrative co*e of the city

of +e# ork, in relation to the enforcement of criminal an*

civil offenses-

PRECONSIDERED INT. NO. Council &embers Lancman an* $he Speaker %Council

&ember &ark'(iverito)


of +e# ork, in relation to the penalties for littering, an* to

repeal sub*ivision . of section /0'//1 of the a*ministrative

co*e of the city of +e# ork, relating to the *istribution of

a*vertising matter-



of +e# ork, in relation to the penalties for e2cessive

noise-

PRECONSIDERED INT. NO. Council &ember Gibson an* $he Speaker %Council

&ember &ark'(iverito)


of +e# ork, in relation to the penalties for possessing an

open container of alcohol-


TITLE5 A Local La# to amen* the +e# ork city charter an* the

a*ministrative co*e of the city of +e# ork, in relation to

penalties for violating certain park rules-

PRECONSIDERED INT. NO. $he Speaker %Council &ember &ark'(iverito) an* Council

&embers Gibson, 3allos, an* Lancman

TITLE5 A Local La# amen* the +e# ork city charter, in relation

to permitting !CB to use community service as an

alternative to fines-

PROPOSED INT. NO. 4678a Council &embers illiams, $orres, Lancman, 4ohnson,

ills, Gibson, Chin, &en*e5, 6ose, 6o*rigue5, 6osenthal

an* &enchaca


of +e# ork, in relation to re7uiring the police *epartment

2



to submit 7uarterly reports relating to the issuance of

summonses-

INT. NO. 440 Council &embers Levine, Dromm, Chin, Cohen, Gibson,

6ose, illiams, ills, 6o*rigue5 an* 6osenthal


of +e# ork, in relation to re7uiring the police *epartment

to submit 7uarterly reports relating to the issuance of *esk

appearance tickets-

3



I. INTRODUCTION

8n 4anuary 9., 9/0, the Committee on Public Safety, chaire* by (anessa L- Gibson, #ill

con*uct a hearing on eight propose* bills regar*ing the e7uitable enforcement of criminal an*

civil offenses establishe* in local la#s- $hese bills amen* la#s governing behavior in five broa*

categories: the possession of an open container of alcohol in public, parks rules, public urination,

unreasonable noise, an* littering- $#o of these bills re7uire reporting relate* to the enforcement

of these la#s, one bill re7uires the +e# ork City Police Department %;+PD<) to create

gui*ance regar*ing the enforcement of these la#s, an* one bill re7uires tribunals of the 8ffice of

A*ministrative $rials an* =earings %;8A$=<) to offer community service as an alternative to

paying civil penalties-

II. -ACKGROUND

A- Levels of 8ffenses$here are three basic levels of offenses in +e# ork that are han*le* through the criminal

court system: felonies, mis*emeanors, an* violations-/ 8nly felonies an* mis*emeanors are

classifie* as crimes9 an* carry the penalty of a permanent criminal recor*, > but violations are

processe* e2clusively in criminal courts-? A mis*emeanor carries a possible penalty of more than

/. *ays in @ail,. but a violation may involve a sentence of either a fine or @ail-0

$he City may create mis*emeanors or violations, but not felonies- $he City may also

create offenses that carry a civil penalty-1 Civil penalties are purely monetary- $hese penalties are

impose* in an entirely *ifferent manner than those processe* in criminal court- n fact, because

civil penalties are in*epen*ent from those impose* in criminal court, an in*ivi*ual may be liable

1 See +e# ork Penal La# /-2 +e# ork Penal La# /-%0)3 See +e# ork Criminal Proce*ure La#, Article /04 +e# ork City Criminal Court Act, Article +e# ork State Constitution, Article (5 +e# ork Penal La# /-%?)6 +e# ork Penal La# /-%/)7 +e# ork &unicipal =ome 6ule Act /8 Id.

4



simultaneously in civil an* criminal courts #ithout violating the principles of *ouble @eopar*y-E

8ffenses that carry only the possibility of a civil penalty are typically han*le* in a civil

a*@u*icative bo*y such as the !nvironmental Control Boar* %;!CB<) of 8A$=-/

B- &etho*s of !nforcement for Local La#s$he enforcement of State an* local la#s *iffer in many respects, most notably in the use

of criminal summonses, commonly kno#n as ;c'summonses-<// A c'summons is a notice to

appear in criminal court that charges an in*ivi*ual #ith either a violation or a mis*emeanor- /9 A

police officer may issue a c'summons charging either a mis*emeanor or violation *efine* in

local la#, but may not issue a c'summons charging a mis*emeanor *efine* in the State Penal

La#-

/>

"or State Penal La# offenses, c'summonses may only be use* to charge violations-

/?

n 9/?, >E/,// criminal summonses #ere issue* in +e# ork City, *o#n from ?.1,E.

in 9/>, an* 0?1,0>1 in 9. ' the highest number in the previous *eca*e- /. As illustrate* in the

follo#ing graph, the use of c'summonses far out#eighs felony an* mis*emeanor arrests- hile

the rate of c'summons has varie* over the last *eca*e, the felony rate has remaine* constant-/0

A$$e"t", S(++o*"e", a*& Sto'" !* New Yo$9 C!t) 02268023:

9 !-g-, 6e2 $railer Co- v- Fnite* States, >. F-S- /?1 %/E.0)

10 +e# ork City Charter /?E'a%c)11 4ohn 4ay College of Criminal 4ustice, $ren*s in the ssuance an* Disposition of Summonses in +e# ork City,release* April 9, 9/., p- /., available athttp:###-@@ay-cuny-e*usites*efaultfilesne#sSummonsH6eportHD6A"$H?H9?H9/.Hv1-p*f As note* in thisreport, from a strictly legal stan*point, a c'summons is actually an ;appearance ticket< pursuant to Article /. of theCriminal Proce*ure La#, as it ;*irects a *esignate* person to appear in a *esignate* local criminal court at a*esignate* future time in connection #ith his allege* commission of a *esignate* offense-< +e# ork CriminalProce*ure La# /.-/- A c'summons is also an ;accusatory instrument< pursuant to Article / of the CriminalProce*ure La#, as it charges a person #ith an offense- +e# ork Criminal Proce*ure La# Article /- "or the purposes of this committee report, ho#ever, criminal summonses #ill be referre* to by their commonly kno#n

*esignation as ;criminal summonses< or ;c'summonses-<12 See Id.13 See +e# ork Criminal Proce*ure La# /0-/%/)14 Id.15 Criminal Court of the City of +e# ork, Annual 6eport, 9/?, p-E- Available at

https:###-nycourts-govC8F6$SnyccriminalccHannlHrptH9/?-p*f 16 4ohn 4ay College, $racking !nforcement 6ates in +e# ork City, 9>'9/?, release* December //, 9/.,available at http:###-@@ay-cuny-e*une#s@ohn'@ay'college'report'tracks'police'enforcement'rates'ne#'york'city +ote that in this chart, the use of ;mis*emeanor< an* ;felony< is in the custo*ial arrest conte2t, an* *oes not inclu*ec'summonses that charge mis*emeanors-

5

http://www.jjay.cuny.edu/sites/default/files/news/Summons_Report_DRAFT_4_24_2015_v8.pdf

http://www.jjay.cuny.edu/news/john-jay-college-report-tracks-police-enforcement-rates-new-york-city


http://www.jjay.cuny.edu/sites/default/files/news/Summons_Report_DRAFT_4_24_2015_v8.pdf





$he most commonly charge* offense for #hich a c'summons is issue* is the consumption

of alcohol in public- Accor*ing to *ata provi*e* to the Council by the 8ffice of Court

A*ministration %;8CA<), in 9/> appro2imately //0, c'summonses alleging the possession

of an open container of alcohol #ere *ockete*- $he secon* most fre7uently *ockete* local la#

offense #as public urination, #hich ha* almost >, c'summons- $he follo#ing chart

in*icates common offenses for #hich c'summonses are issue* for violations of local la#s-/

C$!+!*al S(++o*"e" I""(e& b) the NYPD !* 023:

8f the commonly charge* offenses liste* above, the ma@ority are mis*emeanors: all parks

rules are mis*emeanors,

/1

as is unreasonable noise

/E

an* many of the public urination charges-

9

17 +PD, ;Criminal Court Summonses 9'9/. ear'to'Date,< available at

http:###-nyc-govhtmlnyp*htmlanalysisHan*Hplanningreports-shtml18 +e# ork City Charter .>>19 +e# ork City A*ministrative Co*e 9?'90E20 Public urination is presently charge* un*er t#o *ifferent offenses, an* is a violation un*er A*ministrative Co*e /0'//1%0) an* a mis*emeanor un*er the =ealth Co*e /.>-E- "or the purposes of this chart, these offenses #erecombine*-

6



A*vocates, criminal @ustice scholars an* members of the community have long e2presse*

concern that these penalties are *isproportionate to the respective crime- "or e2ample, the refusal

to obey any park sign carries the threat of a permanent criminal recor*,9/ an* even those offenses

that *o not carry the possibility of a permanent criminal recor* *o carry the possibility of a

#arrant being or*ere* for failing to appear on any court *ate- t is #i*ely believe* that these

outcomes *isproportionately an* a*versely impact those charge*, an* ero*e the public trust in

the @ust enforcement of local la#s-99

Another concern #ith ho# these lo#'level offenses are treate* un*er local la# is that

many of these non'violent offenses, such as public urination, are covere* by multiple local

statutes that create overlapping an* sometimes inconstant penalties for the same behavior- "or

e2ample, public urination is punishable by a mis*emeanor un*er the =ealth Co*e, 9> but is a

violation in the A*ministrative Co*e-9? As *iscusse* in Section (, infra, the Council has

en*eavore* to create consistency in the enforcement of such offenses going for#ar*-

C- 8utcomes of C'Summons !nforcement

"rom 9> to 9/>, 0.I of criminal summonses issue* #ere either *ismisse* or

a*@ourne* in contemplation of *ismissal-9. During the same perio*, *efen*ants in 9/I of the

cases #ere convicte*, an* the over#helming ma@ority of those foun* guilty, EE-0I, #ere

sentence* to fines-90 Summons courts may or*er bench #arrants for the arrest of any person #ho

21

+e# ork City Charter .>> .0 6-C-+-- /'>%c)%9)22 !-g-, 4effrey "agan an* Garth Davies, Street Stops an* Broken in*o#s: $erry, 6ace, an* Disor*er in +e# orkCity, 91 "or*ham Frb- L-4- ?. %9) Davi* A- =arris, Across the =u*son: $aking the Stop an* "risk DebateBeyon* +e# ork City, /0 +--F- 4- Legis- J Pub- PolKy 1.>, 1.? %9/>)23 +e# ork City =ealth Co*e /.0-E24 +e# ork City A*ministrative Co*e /0'//125 Supra note //- An a*@ournment in contemplation of *ismissal involves a case being *ismisse* automatically aftera specifie* perio* of time, typically si2 months, after the person to #hom it #as issue* complies #ith certaincon*itions, typically not to be arreste* #ithin that time perio*- See +e# ork Criminal Proce*ure La# /-..-26 Id.

7



*oes not appear in response to a summons,9 an* at the en* of this //'year perio*, /?I of the

total number of cases still ha* outstan*ing #arrants-91 A chart summari5ing the outcome of cases

*uring this //'year perio* follo#s-9E

27 See CPL .>-28 Supra note //-29 Supra note //-

8



D!"'o"!t!o* o C$!+!*al S(++o*"e" !* New Yo$9 C!t), 022680236

$here is a concern that imposing an actual punishment on only 9/I of those charge*

#ith an offense *oes not meaningfully hol* offen*ers responsible for their behavior, nor *oes it

meaningfully *eter un#ante* behavior- "urthermore, the fact that EE-0I of those convicte* are

sentence* to pay a fine suggests that there is little substantive *ifference bet#een the monetary

penalties impose* in criminal court an* those impose* in civil a*@u*icative bureaus such as

8A$=s !CB,> #hich han*les allegations of various offenses establishe* un*er local la#s,>/ or

the $ransit A*@u*ication Bureau %;$AB<), #hich han*les allegations of miscon*uct in transit

facilities->9 6eports in*icate that $AB collects 19I of those fines it imposes->>

Accor*ing to 8CA *ata provi*e* to the Council, as of December 9/., there #ere /-.

million open summons #arrants *ating back to /E1 an* appro2imately /-/ million of those

%.I) belong to uni7ue in*ivi*uals- "ifty thousan* of these #arrants #ere over > years ol*->?

30 +e# ork City Charter, Chapter ?.'A31 +e# ork City Charter /?E'a%c)32 +e# ork Public Authorities La# /9E'a33 +e# ork Daily +e#s, +e# orkKs &etropolitan $ransportation Authority has an 19I success rate in collectingfines, "ebruary 9, 9/9, available at http:###-ny*ailyne#s-comopinionne#'york'metropolitan'transportation'authority'19'success'rate'collecting'fines'article'/-/91E0E34 Data provi*e* to the Council by the 8ffice of Court 6esearch J Division of $echnology, +e# ork State Fnifie*Court System, as of December //, 9/.-

9



hile the number of outstan*ing summons #arrants at the en* of an //'year perio* #as only

/?I, the rate of #arrants per summons case is significantly higher: >1I in 9/?->. $hese rates

vary *ramatically because at the en* of an //'year perio*, numerous in*ivi*uals have returne* to

court, either voluntarily or after being apprehen*e* by the +PD- $he actual rate of #arrants for

some of the most commonly charge* offenses #as bet#een ?I an* .I in 9/>, as reference*

in the chart belo#->0

Wa$$a*t Rate" !* 0236

$he &ayors 8ffice of Criminal 4ustice has announce* a series of reforms aime* at

re*ucing the number of these #arrants, > an* the Council has supporte* these efforts->1

=o#ever, given the sheer 7uantity of cases being sent to summons court, it has been argue* that

35 +e# ork City &ayors 8ffice, press release, ;&ayor *e Blasio Announces 4ustice 6eboot, an nitiative to

&o*erni5e the Criminal 4ustice System,< April /?, 9/.- Available at http:###/-nyc-govoffice'of'the'mayorne#s9>.'/.mayor'*e'blasio'chief'@u*ge'lippman'@ustice'reboot'initiative'mo*erni5e'the36 Data provi*e* to the Council by the 8ffice of Court A*ministration for the year 9/>-37 +e# ork City &ayors 8ffice of Criminal 4ustice, publicly available information available athttp:###/-nyc-govsitecriminal@ustice#orksummonsHreform-page38 Supra note >.-

10



a more meaningful #ay to re*uce the number of criminal court #arrants is to re*uce the number

of cases being sent to these courts- "urthermore, re*ucing the summons caseloa* in criminal

courts #oul* potentially allo# these courts to focus on more serious crimes-

D- Conse7uences of a arrant

$he conse7uences of a #arrant can be significant- Accor*ing to information provi*e* by

the +PD to the Council, the +PD is re7uire* to arrest an in*ivi*ual #ith an open #arrant at

any point at #hich an officer *etermines that such a #arrant e2ists- $he arrestee then goes

through a booking process that often takes up to 9? hours before the arrestee sees a @u*ge, >E

regar*less of the seriousness of the offense for #hich the #arrant #as issue*- n other #or*s,

summons #arrants can have similar negative outcomes as #arrants for felonies-?

$he conse7uences of #arrants are broa*er than their *irect effect- Fn*er current +PD

policy, officers use *iscretion in *eci*ing #hether to arrest or issue a civil summons to an

in*ivi*ual charge* #ith $heft of Services relate* to not paying a sub#ay or bus fare, commonly

kno#n as ;turnstile @umping,< an* in 9/>, the +PD issue* civil summonses to the vast

ma@ority of these offen*ers-?/ =o#ever, accor*ing to +PD policy, any in*ivi*ual #ith an open

#arrant must be arreste* for such con*uct-?9 t is notable that turnstile @umping #as the secon*

most commonly charge* crime for #hich in*ivi*uals #ere arreste* in 9/?- ?> A similar policy

applies to mari@uana arrests: accor*ing to +PD policy, a person charge* #ith a certain lo#'

39 See People e2 rel- &a2ian on behalf of Damian 6oun*tree et al v- Bro#n et al, /0? A-D-9* .0 %App- Div- /st

Dept- /EE)40 t shoul* be note* that these policies apply only to those situations in #hich an officer is ma*e a#are of a#arrants e2istence, an* it is not the case that the +PD actively seeks out those #ith #arrants for c'summonses asthey *o those #ith #arrants for felony cases- Accor*ing to information provi*e* by the +PD to the Council, the +PD *oes not actively seek out those #ith #arrants for c'summonses-41 Barry Pa**ock an* Sarah 6yley, "are evasion arrests surge in recent years, making it among cityKs top offenseslea*ing to @ail, +e# ork Daily +e#s, August /1, 9/?, available at http:###-ny*ailyne#s-comne#'yorknyc'crimefare'evasion'arrests'surge'years'article'/-/E00042 nformation provi*e* by the +PD to the Council-43 See Supra note /.-

11



level mari@uana offense shoul* be issue* a c'summons charging a non'criminal offense, but if

that person has any outstan*ing #arrant, they must be arreste* an* charge* #ith a mis*emeanor-

!- Conse7uences of a Criminal Conviction

n*ivi*uals foun* guilty of mis*emeanors face conse7uences inclu*ing a criminal

recor*?? an* negative impacts on employment,?. immigration status,?0 an* myria* other

conse7uences- &uch attention in recent years has focuse* on ho# the enforcement of lo#'level

crimes *isproportionately impacts lo#'income communities of color, bur*ening many young

people of color #ith harsh conse7uences for the rest of their lives-?

"- Civil !nforcement

$hough many of the local la#s for #hich c'summonses are most commonly issue*

contain possible civil penalties,?1 the +PD has not enforce* civil penalties for the vast ma@ority

of local la# offenses, instea* enforcing criminal penalties almost e2clusively-?E =o#ever, the

+PD has enforce* civil penalties e2tensively in the conte2t of turnstile @umping, as *escribe*

in Section %D) above- $he tribunal that enforces these penalties, $AB, reporte*ly collects 19I

of the fines it imposes-. n a**ition, in 9/?, the +PD began enforcing civil penalties for

44 See Section %A), supra45 Among other impacts on employment, criminal convictions preclu*e employment in certain la# enforcement an*

fe*eral government agencies an* in various other fiel*s, inclu*ing many health care @obs, e-g-, + Compilation ofCo*es, 6ules, an* 6egulations title / ?9-, as #ell as from obtaining many professional licenses- + CorrectionLa# .9M/N46 See e-g-, 1 F-S-C- ///47Baker, Al- Concerns in Criminal 4ustice System as +e# ork City !ases &ari@uana Policy- +e# ork $imes,

+ovember /, 9/?- Available at http:###-nytimes-com9/?////nyregionconcerns'in'criminal'@ustice'system'as'ne#'york'city'eases'mari@uana'policy-html-48 See +e# ork City A*ministrative Co*e /0'//1, 9?'9.E +e# ork City Charter .>>49 8ffice of A*ministrative $rials an* =earings, !nvironmental Control Boar* $ribunal Data, available athttp:###-nyc-govhtmloathhtmlecbecb'tribunal'*ata-shtml- $his report in*icates that the +PD enforces civil penalties for ven*ing'relate* offenses, an* the +PD also informe* the Council that it is not presently their practiceto enforce the civil penalties in local la#s-50 +e# ork Daily +e#s, +e# orkKs &etropolitan $ransportation Authority has an 19I success rate in collectingfines, "ebruary 9, 9/9, available at http:###-ny*ailyne#s-comopinionne#'york'metropolitan'transportation'authority'19'success'rate'collecting'fines'article'/-/91E0E

12

http://www.nyc.gov/html/oath/html/ecb/ecb-tribunal-data.shtml

http://www.nyc.gov/html/oath/html/ecb/ecb-tribunal-data.shtml



biking on a si*e#alk in lieu of c'summonses-./ +ot#ithstan*ing these specific offenses,

accor*ing to information provi*e* by the +PD to the Council, the +PD *oes not have a

general policy regar*ing #hen to enforce civil penalties, nor *o such policies e2ist for the

specific local la#s being amen*e* by the bills being hear* at this hearing-

$he *ifferences bet#een enforcing civil penalties an* issuing c'summonses are

significant- Among others, one important *istinction is that a #arrant for arrest is typically issue*

for a failure to appear in criminal court, but such #arrants are not issue* in civil tribunals such as

those operate* by 8A$=-.9 Also, cases processe* in criminal court carry a presumption of

innocence an* must be proven beyon* a reasonable *oubt,

.>

#hereas 8A$= tribunals have no

such presumption an* cases must be proven by a prepon*erance of evi*ence-.? =o#ever, in other

#ays 8A$= tribunals an* criminal courts are similar, most notably in that unpai* monetary

penalties are han*le* i*entically: in both courts, civil @u*gments are entere* for those #ith

unpai* monetary penalties-.. Also, as note* in section %C), supra, EE-0I of penalties impose*

in criminal court are monetary, #hile /I of penalties currently impose* in 8A$= are

monetary-.0

III. PROPOSED INT. NO. 4678A

$his bill #oul* re7uire the +PD to issue a 7uarterly report on both criminal an* civil

summonses- $he bill #oul* re7uire a basic report on the number of summonses issue* for any

offense for #hich more than / summonses #ere issue*, an* #oul* re7uire this information to

be *isaggregate* by the offense charge*- $he bill #oul* further re7uire this information to be

51 +PD ;Broken in*o#s an* Ouality of Life Policing in +e# ork City< available athttp:###-nyc-govhtmlnyp**o#nloa*sp*fanalysisHan*Hplanning7ol-p*f 52 See Section %C), supra53 +e# ork Criminal Proce*ure La# >-/54 ?1 6-C-+-- >'.?55 nformation provi*e* to the Council by the States 8ffice of Court A*ministration an* 8A$=-56 See Section %C), supra

13

http://www.nyc.gov/html/nypd/downloads/pdf/analysis_and_planning/qol.pdf





broken *o#n by the precinct, an* the age, race, an* gen*er of the person to #hom a summons

#as issue*- "inally, the bill #oul* re7uire a separate comparison of the number of criminal an*

civil summonses issue* for any offense for #hich either a criminal or civil summons coul* be

issue*- $hese reports #oul* be permanently store* on the +PDs #ebsite an* +PD #oul*

make available a comparison bet#een the current re7uisite *ata an* *ata from previous 7uarters-

IV. INT. NO. 662

$his bill #oul* re7uire the +PD to issue a 7uarterly report on the usage of *esk

appearance tickets- Desk appearance tickets are in many #ays i*entical to summonses both are

technically referre* to as ;appearance tickets< in the Criminal Proce*ure La#-

.

$he key

*ifference bet#een a *esk appearance ticket an* a summons, as these terms are use* by the

+PD an* in the bills being hear*, is that a *esk appearance ticket is issue* to a person only

after their fingerprints are taken-.1 Also, a *esk appearance ticket, as that term is utili5e* by the

+PD an* in these bills, is not an accusatory instrument, #hereas a summons is-.E

$his bill #oul* re7uire the +PD to issue a 7uarterly report on the number of *esk

appearance tickets issue*, *isaggregate* by the race, gen*er, an* age of the person to #hom it

#as issue*- $he report #oul* also i*entify the offense charge*-

V. PRECONSIDERED INT. NO. ;RELATED TO THE POSSESSION OF AN OPEN

CONATINER OF ALCOHOL<

As illustrate* in Section , supra, the +PD issue* over //0, c'summonses for the

possession of an open container of alcohol in 9/?- As the la# presently stan*s, the only possible

penalty for this offense is either a fine of up to 9. or five *ays in @ail- $his bill #oul* a** a

57 See +e# ork Criminal Proce*ure La# Article /.58 See +e# ork Criminal Proce*ure La# /0-/59 See +e# ork Criminal Proce*ure La# /.-/ see also +e# ork Criminal Proce*ure La# Article /

14



possible civil penalty of up to 9. for any violation of this offense- $his penalty #oul* be

returnable to an* a*@u*icate* by 8A$=-

VI. PRECONSIDERED INT. NO. ;RELATED TO LITTERING<

Littering an* *umping are prohibite* in numerous areas of both state an* local la#,

inclu*ing #ithin the seven subsections of section /0'//1 of the A*ministrative Co*e, section /0'

//E of the A*ministrative Co*e, +e# ork Penal La# section /?.-., +e# ork (ehicle an*

$raffic La# section /9/E, an* +e# ork 6ailroa* La# section .9'e- $his bill a**resses the very

broa* prohibition on littering in sub*ivision one of section /0'//1 of the A*ministrative Co*e-

$his offense covers virtually any form of littering, inclu*ing ;rubbish an* refuse of any kin*

#hatsoever, in or upon any street or public place-<0 $his provision is currently punishable by

either a violation, #ith a penalty of up to / *ays in @ail or a fine of bet#een . an* 9., or by

a civil penalty of bet#een . an* 9., #ith escalating civil penalties for multiple convictions

#ithin one year- $his bill #oul* eliminate the possible penalty of a violation, leaving the

possibility of a civil penalty, for this specific sub*ivision-

$his bill #oul* also repeal a *ifferent sub*ivision of section /0'//1 that has been foun*

unconstitutional-0/ t #oul* also eliminate references to civil penalties being returnable to !CB,

an* instea* refer to 8A$=-

&any of the prohibitions in section /0'//1 are presently *uplicative of offenses in the

=ealth Co*e promulgate* by the +e# ork City Boar* of =ealth- &ost notably, the prohibition

on ;offensive animal matter< in section /0'//1%0), #hich is commonly use* to charge public

urination, is very similar to the prohibition against ;offensive animal matter< locate* in =ealth

Co*e section /.>-E- +PD public reports in*icate that thousan*s of c'summonses for violations

60 +e# ork City A*ministrative Co*e /0'//1%/)61 People v- 6emeny, ? +--9* .9 %/E0)

15



of both section /0'//1%0) an* section /.>-E of the =ealth Co*e are issue* every year- $his has

prove* problematic, as all violations of the =ealth Co*e are mis*emeanors,09 #hile violations of

section /0'//1 constitute violations-0> $herefore, in preparing this bill, the Council has *iscusse*

#ith the Boar* of =ealth the possibility of repealing five sections of its Co*e that are *uplicate*

in the A*ministrative Co*e: sections />E-., />E-%a), /.>-/, /.>-//, an* /1/->%a)- f such

sections are repeale*, in or*er to maintain a local la# that a**resses the behavior covere* by

these sections, this bill a**s a prohibition on spitting to the general prohibition on littering-

VII. PRECONSIDERED INT. NO. ;RELATED OFFENSES IN PARKS<

Presently, the violation of any Department of Parks an* 6ecreation %;DP6<) rule is

punishable by a mis*emeanor, #ith a penalty of up to E *ays in @ail an* a fine of up to /,,

or by a civil penalty of up to /,- $his means that any rule passe* by the DP6 automatically

carries a criminal penalty- $his bill #oul* remove the mis*emeanor penalty for DP6 rules an*

replace it #ith a violation an* a penalty of up to a 9 fine- As a result, any rule passe* by the

DP6 #oul* automatically carry a penalty that coul* be enforce* in criminal court, but not one

that #oul* give an offen*er a permanent criminal recor*-0?

+umerous parks rules #oul* be co*ifie* as mis*emeanors in the A*ministrative Co*e,

inclu*ing offenses such as failing to comply #ith the la#ful or*er of a police or peace officer,

unla#ful *umping, unla#ful solicitation, an* violating the e2clusive use of chil*rens

playgroun*s- "urther, all current DP6 rules relate* to ven*ing #oul* be co*ifie* in the

A*ministrative Co*e as mis*emeanors-

VIII. PRECONSIDERED INT. NO. ;RELATED TO UNREASONA-LE NOISE<

62 +e# ork City Charter ..1%e)63 +e# ork City A*ministrative Co*e /0'//1%1)64 See Section , supra-

16



la#s relate* to the possession of an open container of alcohol, public urination, littering, the

noise co*e, an* violating parks rules, #oul* be potentially eligible for community service-

Anyone #ho availe* themselves of the community service option but *oes not complete such

service #oul* have civil @u*gments entere* against them-

19



Propose* nt- +o- 0>E'A

By Council &embers illiams, $orres, Lancman, 4ohnson, ills, Gibson, Chin, &en*e5, 6ose,6o*rigue5, 6osenthal an* &enchaca

A Local La# to amen* the a*ministrative co*e of the city of +e# ork, in relation to re7uiringthe police *epartment to submit 7uarterly reports relating to the issuance of summonses- Be it enacte* by the Council as follo#s:

Section /- $itle /? of the a*ministrative co*e of the city of +e# ork is amen*e* by

a**ing a ne# section /?'/.. to rea* as follo#s:

/?'/..- Summons report- a- $he commissioner shall submit to the council an* the

mayor, an* post to the *epartments #ebsite, #ithin 9 *ays of the beginning of each 7uarter, a

report containing the follo#ing information for the previous 7uarter: %i) the number of

summonses to appear in criminal court that #ere issue*, not inclu*ing *esk appearance tickets,

%ii) the number of summonses to appear at an authori5e* tribunal of the office of a*ministrative

trials an* hearings that #ere issue*-

b- $he *ata to be reporte* in sub*ivision a of this section shall be liste* in total an*

*isaggregate* by the offense charge*, for each offense for #hich at least / summonses #ere

issue*- "or each offense for #hich the *epartment may issue a summons to appear in either

criminal court or at an authori5e* tribunal of the office of a*ministrative trials an* hearings, an*

for #hich at least either / summonses to appear in criminal court or / summonses to appear

at an authori5e* tribunal of the office of a*ministrative trials an* hearings #ere issue*, a separate

report shall compare the number of summonses to appear in criminal court to the number of

summonses to appear at an authori5e* tribunal of the office of a*ministrative trials an* hearings-

c- $he *ata to be reporte* in sub*ivision a of this section shall be liste* in total an*

*isaggregate* by the follo#ing factors for each person to #hom a summons is issue*: %i) race

20



%ii) gen*er an* %iii) age- $he *ata to be reporte* in sub*ivision a of this section shall also be

*isaggregate* by the borough in #hich the summons #as issue*, an* by the each patrol precinct,

housing police service area, or transit *istrict in #hich the summons #as issue*-

*- $he *ata re7ueste* in sub*ivisions a, b, an* c for each 7uarter shall be store*

permanently on the *epartments #ebsite, an* each 7uarterly report shall inclu*e a historical

comparison to previous 7uarters-

9- $his local la# shall take effect imme*iately, provi*e* that the first 7uarterly report

pursuant to section / is *ue #ithin 9 *ays of the 7uarter beginning 4une /, 9/0-

BG6CBCLS 9??9/?//E9/.

21



nt- +o- 009

By Council &embers Levine, Dromm, Chin, Cohen, Gibson, 6ose, illiams, ills, 6o*rigue5an* 6osenthal

A Local La# to amen* the a*ministrative co*e of the city of +e# ork, in relation to re7uiringthe police *epartment to submit 7uarterly reports relating to the issuance of *esk appearance

tickets-

Be it enacte* by the Council as follo#s:

Section /- Section /?'// of title /? of the a*ministrative co*e of the city of +e# ork is

amen*e* by a**ing a ne# sub*ivision c to rea* as follo#s:

c- QDesk appearance ticketQ shall mean a #ritten notice to appear in criminal court

pursuant to article /. of the penal la# of the state of +e# ork that is issue* to an arrestee from

a police precinct after a copy of the arresteeKs fingerprints have been secure*-

9- $itle /? of the a*ministrative co*e of the city of +e# ork is amen*e* by a**ing a

ne# section /?'/.. to rea* as follo#s:

/?'/..- Desk appearance tickets- a- $he commissioner shall submit to the council an*

the mayor on a 7uarterly basis, an* post to the *epartmentKs #ebsite on a 7uarterly basis, a report

for each patrol precinct, housing police service area, transit *istrict, street crime unit an*

narcotics *ivision, of the number of *esk appearance tickets issue* broken *o#n by: %i) race of

suspect %ii) gen*er of suspect %iii) age of suspect an* %iv) the offense charge*, inclu*ing but not

limite* to mari@uana violations-

>- $his local la# shall take effect imme*iately-

BG6CLS >?E9/?/9/., /:P

22



Preconsi*ere* nt- +o-

By Council &ember Gibson an* $he Speaker %Council &ember &ark'(iverito)

A Local La# to amen* the a*ministrative co*e of the city of +e# ork, in relation to the

penalties for possessing an open container of alcohol- Be it enacte* by the Council as follo#s:

Section /- Sub*ivision e of section /'/9. of the a*ministrative co*e of the city of +e#

ork, as amen*e* by local la# number 0 of /EE., is amen*e* to rea* as follo#s:

e- MAny person #ho shall be foun* to have violate* any of the provisionsN $he violation

of sub*ivision b of this section, or any provision of any local la#, rule, or regulation pertaining to

the possession or consumption of alcoholic beverages in public, shall Mbe punishe* byN constitute

a violation punishable by a fine of not more than t#enty'five *ollars %9.) Mor imprisonment of

up to five %.) *ays, or both,N or pursuant to the provisions of the family court act of the state of

+e# ork #here applicable-

9- Section /'/9. of the a*ministrative co*e of the city of +e# ork is amen*e* by

a**ing a ne# sub*ivision f to rea* as follo#s:

f- $he violation of sub*ivision b of this section, or any provision of any local la#, rule, or

regulation pertaining to the possession or consumption of alcoholic beverages in public,

constitutes a civil offense punishable by a civil penalty of up to 9. *ollars, #hich may be

recoverable in a procee*ing before the office of a*ministrative trials an* hearings-

>- $his local la# takes effect si2 months after it becomes la#, an* shall apply to

procee*ings for enforcement of section /'/9. of the a*ministrative co*e commence* on an*

after such *ate-

BCLS R >?//99/0

23



Preconsi*ere* nt- +o- By Council &ember Lancman an* $he Speaker %Council &ember &ark'(iverito) A Local La# to amen* the a*ministrative co*e of the city of +e# ork, in relation to the

penalties for littering, an* to repeal sub*ivision . of section /0'//1 of the a*ministrative co*e ofthe city of +e# ork, relating to the *istribution of a*vertising matter- Be it enacte* by the Council as follo#s:

Section /- Sub*ivisions . of section /0'//1 of the a*ministrative co*e of the city of +e#

ork is 6!P!AL!D-

9- Sub*ivisions /, 1, E, /, an* // of section /0'//1 of the a*ministrative co*e of the

city of +e# ork, sub*ivisions 1 an* E as amen*e* by local la# number .0 for the year 9/>

an* sub*ivision // as amen*e* by local la# number / for the year 9>, are amen*e* to rea* as

follo#s:

/- %a) +o person shall litter, s#eep, thro# or cast, or *irect, suffer or permit any servant,

agent, employee, or other person un*er his or her control, to litter, s#eep, thro# or cast any

ashes, garbage, paper, *ust or other rubbish an* refuse of any kin* #hatsoever, in or upon any

street or public place, vacant lot, air shaft, area#ay, backyar* court, park, or alley

%b) +o person shall spit upon a si*e#alk of a street or public place, or on a floor, #all or

stair#ay of any public or private buil*ing or premises use* in common by the public, or in or on

any public transportation facility-

1- $he violation of sub*ivisions t#o, three, four, si2, an* seven Many provisionN of this

section shall constitute Man offenseN a violation punishable by a fine of not less than fifty *ollars

nor more than t#o hun*re* fifty *ollarsM, or by imprisonment not to e2cee* ten *ays, or bothN-

E- Any person violating the provisions of this section, or any provision of any relate*

local la#, rule, or regulation, shall be liable for a civil penalty of not less than fifty *ollars nor

24



more than t#o hun*re* fifty *ollars, e2cept that for a secon* violation of sub*ivision one, three,

or si2 of this section #ithin any t#elve'month perio*, such person shall be liable for a civil

penalty of not Mless than t#o hun*re* fifty *ollars norN more than three hun*re* fifty *ollars an*

for a thir* or subse7uent violation of sub*ivision one, three, four, or si2 of this section #ithin any

t#elve'month perio* such person shall be liable for a civil penalty of not Mless than three hun*re*

fifty *ollars norN more than four hun*re* fifty *ollars-

/- n the instance #here the notice of violation, appearance ticket or summons is issue*

for breach of the provisions of this section an* sets forth thereon civil penalties only, such

process shall be returnable to the Menvironmental control boar*N office of a*ministrative trials an*

hearings, #hich shall have the po#er to impose the civil penalties hereinabove provi*e* in

sub*ivision nine of this section-

//- n the event that a violator fails to ans#er such notice of violation, appearance ticket

or summons #ithin the time provi*e* therefor by the rules an* regulations of the Menvironmental

control boar*N office of a*ministrative trials an* hearings, he or she shall become liable for

a**itional penalties- $he a**itional penalties shall not e2cee* four hun*re* fifty *ollars for each

violation-


procee*ings for enforcement of section /0'//1 of the a*ministrative co*e commence* on an*

after such *ate-

BCLS R >?//99/.

25



Preconsi*ere* nt- +o- By $he Speaker %Council &ember &ark'(iverito) A Local La# to amen* the +e# ork city charter an* the a*ministrative co*e of the city of +e#

ork, in relation to penalties for violating certain park rules- Be it enacte* by the Council as follo#s:

Section /- Subparagraphs %i) an* %ii) of paragraph E of sub*ivision a of section .>> of the

+e# ork city charter are amen*e* to rea* as follo#s:

%i) MAny violation ofN Any person convicte* of violating such rules or regulations,

Me2cept any violation ofN not#ithstan*ing subparagraph' %ii) of this paragraph, shall be punishe*

by Ma mis*emeanor triable by a @u*ge of the criminal court of the city of +e# ork an*

punishable by not more than ninety *ays imprisonment or by a fine of not more than one

thousan* *ollars or by both- Any violation of such rules or regulations shall also sub@ect the

violator toN a civil penalty of not more than Mten thousan*N t#o hun*re* *ollars for each violation

#hich MmayN shall be recovere* in a procee*ing before the Menvironmental control boar*N office

of a*ministrative trials an* hearings- MSuch procee*ing shall be commence* by the service of a

notice of violation returnable to the environmental control boar*-N Such person may be sub@ect to

a fine of not more than t#o hun*re* *ollars-

%ii) MAny violation of a rule or regulation concerning the unla#ful cutting, removal or

*estruction of any tree shall be a mis*emeanor triable by a @u*ge of the criminal court of the city

of +e# ork an* punishable by not more than one year imprisonment or by a fine of not more

than fifteen thousan* *ollars or by both- Any violation of a rule or regulation concerning the

unla#ful cutting, removal or *estruction of any tree shall also sub@ect the violator to a civil

penalty of not more than ten thousan* *ollars for each violation #hich may be recovere* in a

procee*ing before the environmental control boar*- Such procee*ing shall be commence* by the

26



service of a notice of violation returnable to the environmental control boar*- $he environmental

control boar* shall have the po#er to impose the civil penalties prescribe* hereinN Any action

prohibite* by a rule establishe* by the *epartment in accor*ance #ith this paragraph that is also a

violation of the a*ministrative co*e of the city of +e# ork shall be punishable by the penalty

provi*e* by the a*ministrative co*e, inclu*ing but not limite* to those actions *efine* in

sections /1'/?0 an* /1'/? of the a*ministrative co*e

9- $itle /1 of the a*ministrative co*e of the city of +e# ork is amen*e* by a**ing

ne# sections /1'/?0 an* /1'/? to rea* as follo#s:

/1'/?0- Prohibitions in Parks- /- $he prohibitions in this section apply in any public

park in the city of +e# ork, recreational facilities an* other property un*er the @uris*iction of

the =u*son river park trust, the battery park city authority an* the Brooklyn bri*ge park

corporation provi*e* that such trust, authority or corporation have entere* into agreements #ith

the commissioner to provi*e for the maintenance, protection an*or government of such property

by the *epartment, e2cept to the e2tent that such rules an* regulations are inconsistent #ith

specific rules an* regulations of the =u*son river park trust, the battery park city authority or the

Brooklyn bri*ge park corporation-

a- "ailure to comply #ith la#ful or*er- +o person shall fail, neglect or refuse to comply

#ith the la#ful *irection or comman* of any member of the police force or peace officer-

b- Destruction or abuse of property- +o person shall in@ure, *eface, alter, #rite upon,

*estroy, remove or tamper #ith in any #ay, any real or personal property or e7uipment o#ne* by

or un*er the @uris*iction or control of the *epartment-

27



c- Destruction or abuse of trees- +o person shall *eface, #rite upon, in@ure, sever,

mutilate, kill or remove from the groun* any trees un*er the @uris*iction of the *epartment

#ithout permission of the commissioner-

*- Pollute #aters- +o person shall thro#, *rop, allo# to fall, or *ischarge into or leave in

the #aters #ithin any park, inclu*ing pools an* bathing areas, or any tributary, brook, stream,

se#er or *rain flo#ing into sai* #aters, any substance, li7ui* or soli*, #hich may or #ill result

in the pollution of sai* #aters-

e- Fnla#ful *umping- +o person shall engage in unla#ful *umping #ithin any park

inclu*ing s7uares, public places, playgroun*s or other recreational properties- "or purposes of

this sub*ivision ;unla#ful *umping< shall mean suffering or permitting any *irt, san*, gravel,

clay, loam, stone, rocks, rubble, buil*ing rubbish, sa#*ust, shavings or tra*e or househol* #aste,

refuse, ashes, manure, garbage, rubbish or *ebris of any sort or any other organic or inorganic

material or thing or other offensive matter being transporte* in a *ump truck or other vehicle to

be *umpe*, *eposite* or other#ise *ispose* of-

f- Aviation- +o person shall voluntarily bring, lan* or cause to alight #ithin or upon any

park, any airplane, balloon, parachute, hang gli*er, or other aerial *evice, e2cept that certain

areas may be *esignate* appropriate lan*ing places for me*ical evacuation helicopters- "or the

purposes of this sub*ivision ;voluntarily< shall mean anything other than a force* lan*ing

cause* by mechanical or structural failure of the aircraft or other aerial *evice-

g- !2plosives, firearms an* #eapons- +o person, e2cept a member of the police force or

peace officer, shall bring into or have in his or her possession in any park, any firearms,

slingshots, firecrackers, missile propelling instruments or e2plosives, inclu*ing any substance,

compoun* or mi2ture having properties of such a character that alone or in combination #ith

28



other substances, compoun*s or mi2tures, propel missiles, e2plo*e or *ecompose to pro*uce

flames, combustion, noise, or no2ious or *angerous o*ors- +othing in this sub*ivision shall be

construe* to prohibit the proper use of cigarette lighters, matches or of charcoal lighter flui* in

proper containers in picnic grills #here permissible pursuant to the rules promulgate* by the

commissioner-

h- Animal nests an* eggs- +o person shall #ithin any park, inclu*ing any 5oo area,

molest, chase, #oun*, trap, hunt, shoot, thro# missiles at, kill or remove any animal, any nest, or

the eggs of any amphibian, reptile or bir* or kno#ingly buy, receive, have in his or her

possession, sell or give a#ay any such animal or egg taken from or kille* #ithin any park

inclu*ing any 5oo area-

i- "ailure to control animals- +o person o#ning, possessing or controlling any animal

shall cause or allo# such animal to be unleashe* or unrestraine* in any park unless permitte* by

the Commissioner in accor*ance #ith the rules of the *epartment-

@- $respass- +o person shall kno#ingly enter or remain unla#fully in a buil*ing or upon

real property #hich is fence* or other#ise enclose* in a manner *esigne* to e2clu*e intru*ers, or

shall enter or leave any park e2cept by *esignate* entrance #ays or e2its-

k- "ee evasion- +o person shall gain or attempt to gain a*mittance to the facilities in any

park for the use of #hich charge is ma*e #ithout paying such charge-

l- "ortune telling- +o person shall engage in fortune telling as *efine* by penal la#

section /0.->. or any successor statute, or the attempt to commit such crime un*er section // of

the penal la#- +ot#ithstan*ing any other provision of this section, the penalty for violating this

sub*ivision shall be the penalty for such act as *efine* in the penal la#-

29



m- 6oa* obstruction- +o person shall interfere #ith, encumber, obstruct, or ren*er

*angerous any part of a park or park roa*-

n- Assault- +o person shall commit any act that #oul* constitute assault in the thir*

*egree un*er section /9- of the penal la# or any successor statute, or the attempt to commit

such crime un*er section // of the penal la#- +ot#ithstan*ing any other provision of this

section, the penalty for violating this sub*ivision shall be the penalty for such act as *efine* in

the penal la#-

o- =arassment- +o person shall intentionally an* repeate*ly harasses another person by

follo#ing such person in or about a public place or places or by engaging in a course of con*uct

or by repeate*ly committing acts #hich places such person in reasonable fear of physical in@ury-

p- 6eckless en*angerment- +o person shall commit any act that #oul* constitute reckless

en*angerment in the secon* *egree un*er section /9-9 of the penal la# or any successor

statute, or the attempt to commit such crime un*er section // of the penal la#- +ot#ithstan*ing

any other provision of this section, the penalty for violating this sub*ivision shall be the penalty

for such act as *efine* in the penal la#-

7- Fnla#ful e2posure- +o person shall appear in public on property un*er the @uris*iction

of the Department in such a manner that oneKs genitalia are unclothe* or e2pose*-

r- Fnla#ful solicitation- i- +o person shall engage in any commercial activity or

commercial speech in any park, e2cept pursuant to a permit issue* by the commissioner-

ii- +o person shall solicit money or other property from persons not kno#n to such

person in any park, unless such person possesses a permit for noncommercial solicitation issue*

by the commissioner-

30



s- !vents #ithout permits- +o person shall erect any structure, stan*, booth, platform, or

e2hibit in connection #ith any assembly, meeting, e2hibition or other event #ithout a permit

issue* by the commissioner-

t- Soun* repro*uction *evice- +o person shall play or operate any soun* repro*uction

*evice, as *efine* by the rules of the *epartment, in any park #ithout a permit issue* by the

commissioner an* any other city agency or agencies #ith pertinent @uris*iction- $his paragraph

shall not apply to the regular an* customary use of portable ra*ios, recor* players, compact *isc

players, or television receivers, or tape recor*ers playe* or operate* in full accor*ance #ith the

rules of the *epartment so as not unreasonably to *isturb other persons in their permitte* uses of

the park, e2cept that in areas *esignate* by the commissioner as Q7uiet 5ones,Q such regular an*

customary use of soun* repro*uction *evices shall be prohibite*- Signs shall be poste* in all

7uiet 5ones a*vising the public of such prohibition- Fse of ra*ios an* other soun* repro*uction

*evices listene* to solely by hea*phones or earphones, an* inau*ible to others, is permitte* in all

areas of the parks-

u- &usic or a*vertising noise #ithout a permit- +o person shall play or operate any

musical instrument or *rum or cause any noise for a*vertising or commercial purposes e2cept

un*er the e2press terms of a permit issue* by the Commissioner-

v- Fnauthori5e* commercial cinematic pro*uction- Any person or entity engage* in

filming or photography in a park, #here such activity is sub@ect to the permit re7uirements of the

mayorKs office of film, theatre an* broa*casting may engage in such activity only upon obtaining

such a permit from that office-

#- Fnla#ful fires- i- +o person shall kin*le, buil*, maintain, or use a fire in any place,

portable receptacle, or grill e2cept in places provi*e* by the *epartment an* so *esignate* by

31



sign or by special permit- n no event shall open or groun* camp fires be allo#e* in any park-

Any fire authori5e* by this paragraph shall be containe* in a portable receptacle grill or other

similar *evice, an* continuously un*er the care an* *irection of a competent person over

eighteen years of age, from the time it is kin*le* until it is e2tinguishe*- +o fire shall be #ithin

ten feet of any buil*ing, tree, or un*erbrush or beneath the branches of any tree-

ii- +o person shall leave, thro# a#ay or toss any lighte* match, cigar, or cigarette, hot

coals, or other flammable material #ithin, on, near, or against any tree, buil*ing, structure, boat,

vehicle or enclosure, or in any open area-

2- &otor vehicles in parks- i- &otor vehicles may not be brought into or operate* in any

area of a park e2cept on park roa*s or *esignate* parking areas- Park roa*s may be close* to

motor vehicles at such times an* in such places *esignate* by the commissioner-

ii- A person shall not park any motor vehicle in any park e2cept in areas *esignate* by the

commissioner for parking, an* only *uring the hours of operation of such park-

iii- +o person shall use any area of a park, inclu*ing *esignate* parking areas, for the

purpose of performing non'emergency automotive #ork, inclu*ing, but not limite* to, vehicle

maintenance, repairs, or cleaning-

y- Fnauthori5e* e2cavations- +o person shall perform, cause, suffer or allo# to be

performe* any e2cavations #ithin or a*@acent to any park property #ithout a permit-

5- !2clusive Chil*rens Playgroun*s- +o person shall enter any playgroun* *esignate*

an

e2clusive chil*rens playgroun* unless such person is accompanie* by a chil* un*er the age of

t#elve- Such playgroun*s shall be *esignate* as such by *epartment signage-

32



9- Penalties- Any person #ho violates the provisions of this section shall be guilty of a

mis*emeanor punishable by not more than E *ays imprisonment or by a fine of not more than

one thousan* *ollars or by both, an* shall be sub@ect to a civil penalty of not more than one

thousan* *ollars #hich shall be recoverable in a procee*ing before the office of a*ministrative

trials an* hearings, unless other#ise state*-

/1'/?- (en*ing in Parks- a- Definitions- "or purposes of this section, the follo#ing

terms shall have the follo#ing meanings:

Display stan*- ;Display stan*< shall mean a movable, portable or collapsible structure,

frame#ork, *evice, container or other contrivance use* by a ven*or in any property un*er the

@uris*iction of the Department for the purpose of *isplaying, keeping or storing any goo*s,

#ares, merchan*ise, foo*stuffs or e2pressive matter-

!2pressive matter- ;!2pressive matter< means materials or ob@ects #ith e2pressive

content, such as ne#spapers, books, or #ritings, or visual art such as paintings, prints,

photography, sculpture or entertainment-

Street furniture- ;Street furniture< or ;park furniture< shall mean any City'installe*,

maintaine* or approve* structure, inclu*ing but not limite* to, benches, ne#spaper bo2es, tree

guar*s, fire hy*rants, trash receptacles, telephone kiosks, ne#sstan*s, bus shelters, barrica*es,

bollar*s, traffic signs, traffic lights, #alls, #ater fountains, or fences locate* in any property

un*er the @uris*iction of the Department-

(en*- ;(en*< means to sell, offer for sale, hire, lease or let anything #hatsoever,

inclu*ing, but not limite* to goo*s, services, or entertainment, or provi*e or offer to provi*e

services or items, or entertainment in e2change for a *onation-

(en*or- ;(en*or< or ;ven*ors< mean persons #ho ven* as *efine* herein-

33



b- +o person shall ven* in or on any property un*er the @uris*iction of the Department

e2cept un*er an* #ithin the terms of a permit, or e2cept as other#ise provi*e* by la#-

c- Persons may ven* e2pressive matter on property un*er @uris*iction of the Department

#ithout a permit, but must comply #ith all applicable rules an* regulations- =o#ever, in the

specific locations enumerate* in paragraph %*) e2pressive matter ven*ors may only ven*

e2pressive matter at the specifically *esignate* spots i*entifie* by the Commissioner in the

accompanying maps an* as marke* by a Department *ecal, me*allion, or other form of marking,

on the specific location of the approve* ven*ing spot, unless they are only ven*ing e2pressive

matter #ithout using a cart, *isplay stan* or other *evice an* #ithout occupying a specific

location for longer than necessary to con*uct a transaction an* are other#ise in compliance #ith

Department rules- $hese spots shall be allocate* upon a first come, first serve basis e2cept as

other#ise provi*e* by la# an* any e2pressive matter ven*or may only ven* e2pressive matter

centere* *irectly behin* the Department *ecal, me*allion, or other form of marking- 8nly one

e2pressive matter ven*or is authori5e* to ven* *irectly behin* the Department *ecal, me*allion,

or other form of marking as in*icate* by the Department *ecal, me*allion, or other form of

marking an* if multiple e2pressive matter ven*ors attempt to ven* e2pressive matter at any one

Department *ecal, me*allion, or other form of marking an* if it cannot be other#ise *etermine*

#hich e2pressive matter ven*or arrive* first, then all such e2pressive matter ven*ors at such spot

#ill be in violation of this section an* may be *irecte* to leave the area of that Department *ecal,

me*allion, or other form of marking imme*iately- Any such e2pressive matter ven*or failing to

leave the area of the Department *ecal, me*allion, or other form of marking imme*iately upon

*irection as re7uire* un*er the prece*ing sentence #ill be in violation of this section- !2pressive

matter ven*ors can only occupy the *esignate* spots for the purpose of ven*ing e2pressive

34



matter an* only *uring poste* times, #hich #ill be consistent #ith the hours of operation for the

park #here such *esignate* spots are locate* in or a*@acent to- $he *esignate* spots may *eviate

from the restrictions enumerate* in sub*ivision l%i), l%iv), l%v), or l%vi), if such spots are

*etermine* to be appropriate by the Commissioner given the specific features of the park-

*- !2pressive matter ven*ors may not ven* in the follo#ing general areas unless they

ven* at the specifically *esignate* spots for such ven*ing on the accompanying maps an* in

compliance #ith all other applicable Department rules:

i- Central Park at the follo#ing locations: %A) the perimeter of the park bet#een !ast 1.th

Street an* !ast 0th Street, inclu*ing all si*e#alks an* pla5as %B) the perimeter of the park

bet#een est 10th Street an* est 0th Street, inclu*ing all si*e#alks an* pla5as %C) all of

Central Park South, inclu*ing all si*e#alks an* pla5as %D) ien alk an* allach alk, %!)

pe*estrian path#ays parallel to !ast Drive bet#een Gran* Army Pla5a an* the Center Drive, %")

Gran* Army Pla5a, %G) Pulit5er Pla5a, an* %=) Columbus Circle-

ii- Battery Park, inclu*ing all perimeter si*e#alks-

iii- Fnion S7uare Park, inclu*ing all perimeter si*e#alks-

iv- !levate* portions of =igh Line Park-

e- +o ven*or in or on any property un*er the @uris*iction of the Department shall allo#

any item or items use* or offere* in con@unction #ith ven*ing to touch, lean against or be affi2e*

permanently or temporarily to any street or park furniture installe* on public property or any

rock formation, tree, shrub or other planting-

f- +o ven*or shall block any person from using any street or park furniture installe* on

public property by #ay of the ven*ing activity-

35



g- +o ven*or shall ven* anything in such a manner that #oul* *amage or other#ise

in@ure Department property, inclu*ing, but not limite* to la#ns, plants, animals or buil*ings-

h- +o ven*or shall ven* anything that is place* imme*iately on a si*e#alk or park path,

or on a blanket or boar* place* imme*iately upon such surface or on the top of a trash receptacle

or car*boar* bo2-

i- +o ven*or shall ven* anything over any ventilation grill, cellar *oor, manhole,

transformer vault or sub#ay access grating-

@- +o ven*or shall ven* anything *irectly from any parke* or *ouble parke* motor

vehicle e2cept for foo* ven*ors #ith appropriate Department an* +e# ork City Department of

=eath an* &ental =ygiene permits-

k- +o ven*or shall ven* anything in an unsuitable location because the location is a

speciali5e* area inclu*ing, but not limite* to, a 5oo, s#imming pool, playgroun*, athletic fiel* or

court, or skating rink

l- +o ven*or shall ven* anything #hatsoever using a *isplay stan* that:

i- provi*es less than a t#elve foot #i*e clear pe*estrian path measure* from the *isplay

on the si*e#alk or park path to the opposite e*ge of the si*e#alk or park path, e2cept that #hen

there is street or park furniture on the pe*estrian path the measurement must be taken from the

*isplay to t#o feet from the street or park furniture in or*er to *etermine #hether there is less

than a t#elve foot #i*e clear pe*estrian path

ii- is place* on any other part of a si*e#alk un*er the Departments @uris*iction other than

that #hich abuts the curb, unless other#ise authori5e*

iii- is #ithin any bus stop, carriage horse stan*, pe*icab stan*, or ta2i stan*, or is #ithin

ten feet of any sub#ay entrance or e2it

36



iv- is #ithin five feet from any street or park furniture, public telephone, *isable* access

ramp, tree, or from in*ivi*uals or entities authori5e* by permit or license by the Commissioner

to operate at a specific location

v- is #ithin ten feet from any cross#alk on any path or on any si*e#alk un*er the

@uris*iction of the Department

vi- is place* #ithin fifty feet from any monument or other public art installation,

inclu*ing, but not limite* to ornamental fountains

vii- occupies more than eight linear feet of public space parallel to the curb or park path

viii- occupies more than three linear feet in *epth

i2- is more than five feet high or less than t#enty'four inches above the si*e#alk or park

path #here the *isplay surface is parallel to the si*e#alk or park path, an* may not be less than

t#elve inches above the si*e#alk or park path #here the *isplay surface is vertical

2- #here a rack or other *isplay structure is place* on the top or above a table or other

base, the si5e of the base is not less than the si5e of any rack or *isplay structure place* thereon-

+othing shall be place* on the base so as to e2cee* the si5e limitations containe* in this section

2i- uses any areas other than that area imme*iately beneath the surface of the *isplay

stan* for the storage of items for sale, unless permitte* by Department license or permit for the

use of a fi2e* location to store items for sale or

2ii- fails to use an opa7ue covering to shiel* any items store* beneath the surface of the

*isplay stan*-

m- here e2igent circumstances e2ist an* a Department employee or police officer gives

notice to a ven*or to move temporarily from any location such ven*or shall not ven* from such

location- "or the purposes of this section, e2igent circumstances shall inclu*e, but not be limite*

37



to, unusually heavy pe*estrian or vehicular traffic, the e2istence of any obstruction in the park,

an acci*ent, fire, or other emergency situation, a para*e, special event, *emonstration,

construction pro@ect, maintenance operations, or other such event at or near such location,

inclu*ing perio*s of set up an* take *o#n for such e2igent circumstances-

n- Penalties- Any person #ho violates the provisions of this section shall be guilty of a

mis*emeanor punishable by not more than E *ays imprisonment or by a fine of not more than

one thousan* *ollars or by both, an* shall be sub@ect to a civil penalty of not more than one

thousan* *ollars #hich shall be recoverable in a procee*ing before the office of a*ministrative

trials an* hearings, unless other#ise state*-

>- $his local la# shall take effect imme*iately, an* shall apply to procee*ings for

enforcement of section .>> of the charter commence* on an* after such *ate-

BGBC//E/0LS >?/

38



Preconsi*ere* nt- +o- By $he Speaker %Council &ember &ark'(iverito) A Local La# to amen* the a*ministrative co*e of the city of +e# ork, in relation to the

penalties for e2cessive noise- Be it enacte* by the Council as follo#s:

Section /- Subchapter > of chapter of title 9? of the of the A*ministrative Co*e of the

City of +e# ork is amen*e* by a**ing a ne# section 9?'9/1-9 to rea* as follo#s:

9?'9/1-9- Aggravate* unreasonable noise- A person is guilty of aggravate* unreasonable

noise #hen he or she violates section 9?'9/1 #ithin 9? hours of having violate* section 9?'9/1

an*, pursuant to such violation, either %i) #as charge* #ith a violation pursuant to section 9?'

90E%g) %ii) receive* a notice of violation pursuant to section 9?'9.E or %iii) #as instructe* by a

police or peace officer to cease such unreasonable noise-

9- Section 9?'90E of the A*ministrative Co*e of the City of +e# ork is amen*e* by

a**ing a ne# sub*ivision g to rea* as follo#s:

%g) +ot#ithstan*ing any other provision of this section, the violation of section 9?'9/1

constitutes an offense punishable by a fine of up to 9. *ollars, an* the violation of section 9?'

9/1-9 constitutes a mis*emeanor punishable by a fine of up to / *ollars, or imprisonment of

up to 9 *ays, or both-


procee*ings for enforcement of section 9?'9/1 of the a*ministrative co*e commence* on an*

after such *ate-

BCLS R >?//99/0

39




By $he Speaker %Council &ember &ark'(iverito) A Local La# to amen* the a*ministrative co*e of the city of +e# ork, in relation to the

enforcement of criminal an* civil offenses- Be it enacte* by the Council as follo#s:

Section /- $he a*ministrative co*e of the city of +e# ork is amen*e* by a**ing a ne#

section /?'/.. to rea* as follo#s:

/?'/.. !nforcement criteria-

a- Declaration of legislative fin*ings an* intent- $he Council has analy5e* the application

of criminal an* civil enforcement in numerous lo#'level offenses- Base* upon this analysis, the Council

has i*entifie* concerns #ith the use of criminal enforcement for many of these offenses an* has

conclu*e* that criminal enforcement of these offenses shoul* be use* only in limite*

circumstances an* that, in the absence of such circumstances, civil enforcement shoul* be

utili5e*- $herefore, the Council fin*s that it #oul* be pro*uctive for the Police Department to

communicate to its officers an* to the public gui*ance regar*ing the important *etermination

#hether to utili5e civil or criminal enforcement in particular instances-

b- Definitions- "or the purposes of this section, the follo#ing terms have the follo#ing

meanings:

Civil enforcement- $he term ;civil enforcement< means the issuance of a civil notice of

violation-

Criminal enforcement- $he term ;criminal enforcement< means the charging of a

mis*emeanor or violation-

Specifie* unla#ful act- $he term ;specifie* unla#ful act< means an act that violates the

any of the follo#ing provisions: sub*ivision b of section /'/9. of the co*e, sub*ivisions / an*

40



0 of section /0'//1 of the co*e, sub*ivision a of section 9?'9/1 of the co*e, an* rules an*

regulations of the *epartment of parks an* recreation *escribe* in paragraph E of sub*ivision a

of section .>> of the charter, section /1'/?0 of the co*e, or section /1'/? of the co*e-

c- $he *epartment shall provi*e gui*ance to its uniforme* officers #ith respect to

*etermining #hether to utili5e civil enforcement or criminal enforcement, or both, for any

in*ivi*ual #ho commits a specifie* unla#ful act- Such gui*ance shall be ma*e publicly

available- +othing containe* in this sub*ivision or in the a*ministration or application hereof

shall be construe* as creating:

/- a right to be sub@ect to civil or criminal enforcement or prosecution in connection #ith

any allege* specifie* unla#ful act or

9- a private right of action on the part of any persons or entity against the city of +e#

ork, the *epartment, or any official or employee thereof-

9- $his local la# takes effect /1 *ays after it becomes la#-

BCLS R >?/

/99/0

41




By $he Speaker %Council &ember &ark'(iverito) an* Council &embers Gibson, 3allos an*Lancman

A Local La# to amen* the +e# ork city charter, in relation to permitting !CB to usecommunity service as an alternative to fines-

Be it enacte* by the Council as follo#s:

Section /- Section /?E of chapter ?.'A of the +e# ork city charter is amen*e* by

a**ing a ne# subsection ? to rea* as follo#s:

?- +ot#ithstan*ing any other provision of la# in the con*uct of an a*@u*ication, an

a*ministrative la# @u*ge shall, as an offer of settlement in accor*ance #ith paragraph %a) of

subsection > of this section, for any person #ho meets the stan*ar*s for poverty as *etermine* by

the center for employment opportunity, or any successor formula, offer such person the option of

settling their case by completing community service- $his subsection shall apply in a procee*ing

before the office of a*ministrative trials an* hearings for a violation of the follo#ing provisions

of the a*ministrative co*e: /'/9., /0'//1, /1'/?9, /1'/?>, an* 9?'9.- "or the purposes of this

subsection, one *ay of community service shall be offere* to satisfy liability for a civil penalty of

up to 9. *ollars- $he office of a*ministrative trials an* hearings shall take all necessary

measures to ensure that the option of settlement by completing community service is

communicate* to an* ma*e available to any eligible person, an* that compliance #ith such

settlements is properly monitore*- Shoul* such person fail to comply #ith the terms of any such

settlement, the a*ministrative la# @u*ge may procee* #ith entering a @u*gment for civil penalties

against such person, as authori5e* by la#-

9- $his local la# takes effect 0 months after it becomes la#-

BCS&D

nyc council bill to decriminalize crime

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