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a. Definitions. For the purposes of this section, the following terms have the following meanings:
Caregiver. The term "caregiver" means any individual responsible for the well-being of a child, including but not limited to a parent, legal guardian, relative, or other individual supervising a child.
Displaying. The term "displaying" means removing from a holster or utility belt.
Partner organization. The term "partner organization" means an agency or non-profit organization with the capacity to safeguard a child from potential trauma and minimize the effects of trauma to a child of an incarcerated parent.
Trauma. The term "trauma" means an experience that results from an event, series of events, or set of circumstances that are physically or emotionally harmful or threatening to an individual and that has lasting adverse effects on such individual's functioning and physical, mental, social, emotional, or spiritual well-being.
b. The department shall develop guidance for its officers with respect to the arrest of a caregiver in the presence of such caregiver's child and post such guidance on the department's website. Such guidance shall be designed to reduce the traumatic impact that the arrest of a caregiver may have on a child, and include the following:
1. Promptly ascertaining whether a child is present, relying on all available information including any information received from emergency call operators and any indications at the scene of arrest that a child may be present.
2. Only displaying firearms and other weapons within the sight of a child when necessary and consistent with departmental policy and officer safety.
3. Handcuffing and questioning an arrested caregiver in a location outside the presence of the sight and hearing of a child of such caregiver.
4. Reasonably avoiding the use of force to physically separate a child from the arrested caregiver.
5. Providing an arrested caregiver the opportunity to speak with a child who is present, prior to such caregiver being transported to a police facility. If such an opportunity is not practicable, having a police officer explain to such child, using age appropriate language, that that such child did nothing wrong and that the child will be safe and cared for.
6. Providing objects that provide comfort to the child of an arrested caregiver, such as toys, clothing, blankets, photographs, or food.
7. Ascertaining any medical, behavioral, or psychological conditions or required treatments of the child of an arrested caregiver and securing any required medication for such child.
8. Permitting an arrested caregiver a reasonable opportunity, including providing access to telephone numbers stored in a mobile telephone or other location, to make alternate arrangements for the care of a child, including a child who is not present at the scene of the arrest, and to provide the department or a partner organization with contact information of a preferred alternate caregiver.
9. When an alternate caregiver is unable to arrive at the scene of arrest within a reasonable amount of time, making a referral to a partner organization or bringing the child to the borough's child advocacy center. If no alternate caregiver is identified or the identified caregiver does not arrive in a reasonable amount of time, or if the child advocacy center or partner organization is unavailable, notifying the New York state central register of the office of children and family services and notifying the administration for children's services borough field office or the administration for children's services' emergency children's services program or its equivalent.
10. Not notifying the administration for children's services and the state central register of the office of children and family services unless required by law.
11. After arrest and prior to arraignment in a criminal court, affording arrested caregivers adequate opportunities to make phone calls to check on the status and well-being of a child.
12. After an arrest and prior to arraignment in a criminal court, offering to make a referral to a partner organization that could provide appropriate services to the child and, with the caregiver's consent, making such referral.
c. Training. The department shall ensure that police officers whose duties include routine daily interaction with the public receive training in accordance with subdivision b of this section within one year of the date this law takes effect. Such training shall be developed with input from an outside entity with expertise in child and youth development.
d. Reporting. Within 30 days of January 1, 2020, January 1, 2021, and January 1, 2022, the department shall submit to the speaker of the council and post on its website a report on the number of instances requiring a referral to a partner organization or transportation of the child to a child advocacy center pursuant to paragraph 9 of subdivision b of this section.
(L.L. 2019/166, 9/14/2019, eff. 3/14/2020 and 3/14/2021*)
* Editor's note: Pursuant to Section 2 of L.L. 2019/166, paragraph 12 of subdivision b is effective 3/14/2021.
b. The department shall publish on its website on a semi-annual basis, no later than January 30 and July 30 of each year beginning in 2020, the following data regarding animal cruelty complaints:
(1) the number of complaint reports the department receives alleging an act of animal cruelty and
(2) the number of arrests made as a result of responses by the department to complaints of animal cruelty.
The data required pursuant to this section shall be disaggregated by police precinct.
(L.L. 2019/205, 11/25/2019, eff. 1/24/2020)
a. The department may issue parking permits to city, state, or federal law enforcement agencies that indicate permission to park in certain areas during certain times has been granted.
b. Such permits shall be valid for no more than one year unless suspended or revoked.
c. 1. Except for department fleet vehicles, an application for a parking permit or renewal thereof shall include, but need not be limited to, the following information:
(a) the name of the applicant;
(b) the license plate number of the vehicle or vehicles to be associated with such permit; and
(c) a statement articulating the justification for the permit need.
2. Upon the approval of an application, the department shall issue a parking permit to the applicant that may only be used in the vehicle identified on such application.
3. Parking permits shall not be transferrable to another person or vehicle.
4. Whenever any information provided on such an application has changed, the permittee shall notify the department within 10 days of such change.
d. A parking permit may be a physical permit or a programmable feature associated with a license plate number. Such permit issued to a city shall contain the name of the agency. Such permit issued to an agency of the United States shall indicate that such permit is issued for federal law enforcement purposes. Such permit issued to an agency of the state of New York shall indicate that such permit is issued for state law enforcement purposes. All parking permits shall contain at least the expiration date of the permit and a unique identifier or other technology designed to allow the city to detect valid permits.
e. 1. Parking with a permit shall be permitted in areas specified on or programmed into the permit, and may allow for parking in some or all of the following areas:
(a) at parking meters;
(b) in truck loading and unloading zones;
(c) in "no standing/parking" except "authorized vehicles" or "authorized vehicle" only, when such permit authorizes such use; and
(d) in "no parking" areas.
2. Parking with a permit shall not permitted in the following areas:
(a) "no standing" areas;
(b) "no stopping" areas;
(c) fire hydrants;
(d) bus stops;
(e) areas where such parking would constitute double parking;
(f) driveways;
(g) bridges and highways;
(h) carsharing parking spaces; and
(i) any other location as designated by the commissioner, taking into consideration traffic rules promulgated by the department of transportation after the effective date of this law.
f. The department may promulgate such rules as are necessary to implement the provisions of this section.
g. Any violation of subdivision c of this section involving a material false statement or material fact concealed in connection with an application for a parking permit or renewal thereof shall upon conviction thereof be punishable by a civil penalty of not less than $250 nor more than $1,000. Civil violations issued pursuant to this section shall be adjudicated at the environmental control board or any tribunal established within the office of administrative trials and hearings designated by the commissioner.
h. No later than January 31, 2021, the department shall post information online regarding the issuance of city-issued parking permits, including, but not limited to, the number of applications submitted and the number of such permits issued in the previous year. Such information shall be updated annually.
i. Individuals holding permits issued pursuant to this section shall be subject to the rules of the department of transportation relating to the issuance of separate parking violations for the misuse or fraudulent use of city-issued parking permits, as provided for in subparagraph (iv) of paragraph (3) of subdivision (o) of section 4-08 of chapter 4 of title 34 of the rules of the city of New York.
(L.L. 2020/009, 12/27/2019, eff. 3/26/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/009.
a. For the purposes of this section, the term "city-issued parking permit" means a permit issued by a city agency that indicates permission to park in certain areas during certain times has been granted.
b. The department shall create a centralized electronic system to track all city-issued parking permits and to record all summonses issued by the department in connection with the improper use of city-issued parking permits. Such system shall allow the department to verify in real time the validity of city-issued parking permits.
c. The department of transportation and the department of education, if authority to issue city-issued parking permits is delegated pursuant to section 19-162.3, shall provide the department with information about city-issued parking permits to be included in the electronic system, including but not limited to the vehicle or vehicles and the permissible and non-permissible locations and uses associated with such permit.
d. The department shall report each month on summonses issued for misuse of a city-issued parking permit to the city agency whose employee was issued the permit for which the summons was issued. Such city agencies shall also have the ability to access such information on an as-needed basis.
(L.L. 2020/003, 12/27/2019, eff. 12/31/2021)
When a vehicle is situated so as to constitute an obstruction of a sidewalk, crosswalk, fire hydrant, bicycle lane, or bus lane and such vehicle is unattended or the person in charge of such vehicle has not arranged for its immediate removal, a person designated by the commissioner may direct its removal by a police department tow truck upon a determination that such vehicle poses a threat to safety or would inhibit the safe and expeditious passage of buses operated by the metropolitan transportation authority.
(L.L. 2020/013, 1/10/2020, eff. 2/9/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/013.
a. Before an establishment becomes the subject of a multi-agency response to community hotspots operation, as defined in subdivision e of section 20-d of the charter, the department shall provide written notice to such an establishment at least 30 days prior to commencing such an operation, unless (i) providing such notice or complying with such waiting period would compromise an active criminal investigation or (ii) the department has specific reason to believe that providing such notice or complying with such waiting period would pose a serious risk to the health or safety of persons inside the establishment or in the vicinity thereof or to the health or safety of a particular person. Such notice shall contain information about the alleged conduct or complaint that could warrant making such an establishment the subject of such an operation and provide a means for the establishment owner, or an agent acting on behalf of such establishment, to provide information or materials to the department relevant to the resolution or attempted resolution of the conduct or complaint described in the notice. Such notice shall include contact information for the office of nightlife and a notice that such recipient may contact such office with any questions or concerns The department shall make such written notice available to any establishment, upon request, during or immediately subsequent to an operation.
b. Nothing in this section shall be construed to create a private right of action on the part of any person or entity against the city of New York or any agency, official, or employee thereof, to enforce the provisions of this section.
c. Nothing in this section shall be construed to prevent the city of New York or any agency, official, or employee thereof, from taking any action within its jurisdiction, including but not limited to enforcing any law, rule or regulation.
(L.L. 2019/220, 12/15/2019, eff. 4/13/2020; Am. L.L. 2020/069, 7/15/2020, eff. 7/15/2020)
a. Internal disciplinary matrix. Within six months of the date this local law takes effect, the department shall post on its website a disciplinary matrix that sets forth an advisory schedule of violations, penalties, and mitigating and aggravating circumstances, or any other factors considered by the commissioner to be relevant to the process of determining the appropriate discipline for police department personnel for substantiated violations of department rules or other policies.
b. Disciplinary matrix development. Within three months of the date this local law takes effect, the department shall prepare and file with the mayor and the speaker of the council, and post on its website:
1. Factors relevant to developing the internal disciplinary matrix and steps undertaken by the department in developing the internal disciplinary matrix, including consultation with outside entities including stakeholders and community groups.
2. The proposed schedule of violations, penalties, and mitigating and aggravating circumstances, or any other factors considered by the commissioner to be relevant to the process of determining appropriate discipline.
c. Nothing in this section shall be construed to limit the discretion of the commissioner to impose discipline, and the commissioner may modify the disciplinary matrix at any time. A description of any such modifications shall be posted on the department website.
d. No later than January 30, 2022, and by each January 30 in each year thereafter, the department shall post on its website and deliver to the speaker of the council a report that includes the number and percentage of instances within the preceding calendar year in which the commissioner imposed a discipline penalty that is different from the disciplinary matrix penalty.
(L.L. 2020/069, 7/15/2020, eff. 7/15/2020)
a. An officer's shield number or rank designation shall be visible at all times while such officer is in uniform and performing any activity under the color of law.
b. 1. A claim of refusal to make a shield number or rank designation visible is established under this section when an individual demonstrates that they requested that an officer make their shield number or rank designation visible pursuant to subdivision a of this section and such officer did not comply.
2. An individual subject to refusal to make a shield number or rank designation visible as described in paragraph 1 of subdivision b of this section may bring an action in any court of competent jurisdiction for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate.
3. In any action or proceeding to enforce this section, the court shall award a prevailing plaintiff reasonable attorney's fees and court costs, and may include expert fees as part of the attorney's fees.
4. Any action or proceeding to enforce this section shall be commenced no later than one year and 90 days after the date on which the violation of this section is committed.
c. This section does not limit or abrogate any claim or cause of action a person has under common law or by other law or rule. The provisions of this section are in addition to any other remedies that may be provided for under common law or by other law or rule.
(L.L. 2020/070, 7/15/2020, eff. 7/15/2020)
a. Definitions. As used in this section, the following terms have the following meanings:
Surveillance technology. The term "surveillance technology" means equipment, software, or systems capable of, or used or designed for, collecting, retaining, processing, or sharing audio, video, location, thermal, biometric, or similar information, that is operated by or at the direction of the department. Surveillance technology does not include:
1. routine office equipment used primarily for departmental administrative purposes;
2. parking ticket devices;
3. technology used primarily for internal department communication; or
4. cameras installed to monitor and protect the physical integrity of city infrastructure.
Surveillance technology impact and use policy. The term "surveillance impact and use policy" means a written document that includes the following information:
1. a description of the capabilities of a surveillance technology;
2. rules, processes and guidelines issued by the department regulating access to or use of such surveillance technology as well as any prohibitions or restrictions on use, including whether the department obtains a court authorization for such use of a surveillance technology, and, if so, the specific type of court authorization sought;
3. safeguards or security measures designed to protect information collected by such surveillance technology from unauthorized access, including but not limited to the existence of encryption and access control mechanisms;
4. policies and/or practices relating to the retention, access, and use of data collected by such surveillance technology;
5. policies and procedures relating to access or use of the data collected through such surveillance technology by members of the public;
6. whether entities outside the department have access to the information and data collected by such surveillance technology, including: (a) whether the entity is a local governmental entity, state governmental entity, federal governmental entity or a private entity, (b) the type of information and data that may be disclosed by such entity, and (c) any safeguards or restrictions imposed by the department on such entity regarding the use or dissemination of the information collected by such surveillance technology;
7. whether any training is required by the department for an individual to use such surveillance technology or access information collected by such surveillance technology;
8. a description of internal audit and oversight mechanisms within the department to ensure compliance with the surveillance technology impact and use policy governing the use of such surveillance technology;
9. any tests or reports regarding the health and safety effects of the surveillance technology; and
10. any potentially disparate impacts of the surveillance technology impact and use policy on any protected groups as defined in the New York city human rights law.
b. Publication of surveillance technology impact and use policy. The department shall propose a surveillance technology impact and use policy and post such proposal on the department's website, at least 90 days prior to the use of any new surveillance technology.
c. Existing surveillance technology. For existing surveillance technology as of the effective date of the local law that added this section, the department shall propose a surveillance technology impact and use policy and post such proposal on the department's website within 180 days of such effective date.
d. Addendum to surveillance technology impact and use policies. When the department seeks to acquire or acquires enhancements to surveillance technology or uses such surveillance technology for a purpose or in a manner not previously disclosed through the surveillance technology impact and use policy, the department shall provide an addendum to the existing surveillance technology impact and use policy describing such enhancement or additional use.
e. Upon publication of any proposed surveillance technology impact and use policy, the public shall have 45 days to submit comments on such policy to the commissioner.
f. The commissioner shall consider public comments and provide the final surveillance technology impact and use policy to the speaker and the mayor, and shall post it on the department's website no more than 45 days after the close of the public comment period established by subdivision e of this section.
(L.L. 2020/065, 7/15/2020, eff. 7/15/2020)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Officer. The term "officer" means any peace officer or police officer as defined in the criminal procedure law who is employed by the city of New York, or any special patrolman appointed by the police commissioner pursuant to section 14-106.
Police activities. The term "police activities" means any activity of an officer acting under the color of law.
Record. The term "record" means to capture or attempt to capture any moving or still image, sound, or impression through the use of any recording device, camera, or any other device capable of capturing audio, moving or still images, or by way of written notes or observations.
b. Right to record police activities. A person may record police activities and maintain custody and control of any such recording and of any property or instruments used in such recording. Nothing in this chapter shall be construed to permit a person to engage in actions that physically interfere with an official and lawful police function, or to prevent the seizure of any property or instruments used in a recording of police activities where the seizure is otherwise authorized by law, or to prohibit any officer from enforcing any other provision of law.
c. Private right of action.
1. A claim of unlawful interference with recording police activities is established under this section when an individual demonstrates that he or she recorded or attempted to record police activities in accordance with subdivision b and an officer interfered with such person's recording of police activities. Such interference includes but is not limited to the following actions:
(a) preventing or attempting to prevent the recording of police activities;
(b) threatening or making any effort to intimidate a person recording police activities;
(c) stopping, seizing, searching, issuing any summons, or arresting any individual because such individual recorded police activities; or
(d) seizing property or instruments used by any individual to record police activities.
2. It shall be an affirmative defense that (i) a reasonable officer in the position of such officer would have had probable cause to believe that the person recording police activities physically interfered with an official and lawful police function, or that such officer's actions were otherwise authorized by law or (ii) such officer did not know, and a reasonable officer in the position of such officer would not know, that such person was recording or attempting to record police activities.
3. A person subject to unlawful interference with recording police activities as described in subdivision b of this section may bring an action in any court of competent jurisdiction for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate.
4. In any action or proceeding to enforce this section, the court shall allow a prevailing plaintiff reasonable attorney's fees as part of the costs, and may include expert fees as part of the attorney's fees.
5. Any action or proceeding to enforce this section shall be commenced no later than one year and 90 days after the date on which the violation of this section is committed.
d. Preservation of rights. This section shall be in addition to all rights, procedures, and remedies available under the United States constitution, section 1983 of title 42 of the United States code, the constitution of the state of New York and all other federal laws, state laws, laws of the city of New York including the administrative code, and all pre-existing civil remedies, including monetary damages, created by statute, ordinance, regulation or common law.
e. Reporting. The commissioner shall submit to the speaker of the council, the public advocate and the mayor, and post on the department's website, within 20 days after the beginning of the quarter that commences on January 1, 2021 and each quarter thereafter, a report containing the following information for the previous quarter: the number of arrests, criminal summonses, and civil summonses in which the person arrested or summonsed was recording police activities as defined in subdivision a of this section. Such report shall include this information in total and disaggregated by the following factors: the patrol precinct in which such arrest or summons occurred, the offense charged, and the apparent race, ethnicity, gender, and age of the person arrested or summonsed. The information to be reported pursuant to this section shall be compared with previous reporting periods, shall be permanently stored on the department's website, and shall be stored in alphanumeric form that can be digitally transmitted or processed and not in portable document format or scanned copies of original documents.
(L.L. 2020/067, 7/15/2020, eff. 8/14/2020)
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