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a. Prohibition. A person is guilty of disorderly behavior when, with intent to cause public inconvenience, annoyance or alarm, or recklessly or with criminal negligence creating a risk thereof, such person:
1. Engages in fighting or in violent, tumultuous or threatening behavior;
2. Makes unreasonable noise;
3. In a public place, uses abusive or obscene language, or makes an obscene gesture;
4. Without lawful authority, disturbs any lawful assembly or meeting of persons;
5. Obstructs vehicular or pedestrian traffic;
6. Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
7. Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
b. Criminal penalty. The violation of subdivision a of this section constitutes an offense punishable by imprisonment of up to 5 days or a fine of up to 200 dollars.
c. Civil penalty. Any person who violates subdivision a of this section shall be liable for a civil penalty of up to 75 dollars, which may be recoverable in a proceeding before the office of administrative trials and hearings, pursuant to chapter 45-A of the charter.
(L.L. 2017/229, 12/1/2017, eff. 12/1/2017; Am. L.L. 2018/192, 12/1/2018, eff. 3/1/2019)
a. Definitions. As used in this section, the following terms have the following meanings:
Consent. The term "consent" means permission that is knowingly, intelligently and voluntarily given for the particular disclosure at issue.
Covered recipient. The term "covered recipient" means an individual who gains possession of, or access to, an intimate image from a depicted individual, including through the recording of the intimate image.
Depicted individual. The term "depicted individual" means an individual depicted in a photograph, film, videotape, recording or any other reproduction of an image that portrays such individual (i) with fully or partially exposed intimate body parts, (ii) with another individual whose intimate body parts are exposed, as recorded immediately before or after the occurrence of sexual activity between those individuals, or (iii) engaged in sexual activity.
Disclose. The term "disclose" means to disseminate as defined in subdivision 5 of section 250.40 of the penal law, or to publish as defined in subdivision 6 of section 250.40 of the penal law.
Intimate body parts. The term "intimate body parts" means the genitals, pubic area or anus of any person, or the female nipple or areola of a person who is 11 years old or older.
Intimate image. The term "intimate image" means a photograph, film, videotape, recording or any other reproduction of an image of a depicted individual that has been disclosed or threatened to be disclosed in a manner in which, or to a person or audience to whom, the depicted individual intended it would not be disclosed, at the time at which the covered recipient gained possession of, or access to, the intimate image. An intimate image does not include any image taken in a public place as defined in section 240.00 of the penal law, except if, at the time the image was recorded, an individual in the depicted individual's position would reasonably have believed that no one other than the covered recipient could view the applicable intimate body parts or sexual activity while such body parts were exposed or such activity was occurring.
Sexual activity. The term "sexual activity" means sexual intercourse as defined in subdivision 1 of section 130.00 of the penal law, oral sexual conduct or anal sexual conduct as those terms are defined in subdivision 2 of section 130.00 of the penal law, touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire, sexual penetration with any object or the transmission or appearance of semen upon any part of the depicted individual's body.
b. Unlawful disclosure of an intimate image.
1. It is unlawful for a covered recipient to disclose an intimate image, without the depicted individual's consent, with the intent to cause economic, physical or substantial emotional harm to such depicted individual, where such depicted individual is or would be identifiable to another individual either from the intimate image or from the circumstances under which such image is disclosed.
2. It is unlawful for a covered recipient to make a threat to violate paragraph 1 of this subdivision, provided that for the purposes of this paragraph a depicted individual shall be considered to be identifiable where the covered recipient states or implies that such person would be so identifiable.
c. Criminal penalty. Any individual who violates subdivision b of this section shall be guilty of a misdemeanor punishable by up to one year in jail, or a fine of up to $1,000, or both.
d. Civil cause of action.
1. Any individual who suffers harm from a violation of subdivision b of this section shall have a civil cause of action in any court of competent jurisdiction against the individual who violated that subdivision.
2. The defendant may be held liable to the plaintiff for any or all of the following relief:
(a) Compensatory and punitive damages;
(b) Injunctive and declaratory relief;
(c) Attorneys' fees and costs; and
(d) Such other relief as a court may deem appropriate.
3. This subdivision shall not be construed to require that a criminal charge be brought, or a criminal conviction be obtained, as a condition of bringing a civil action or receiving a civil judgment pursuant to this subdivision.
e. Provisos. The prohibitions contained in subdivision b do not apply if:
1. Such disclosure or threat of disclosure is made in the course of reporting unlawful activity, in the course of a legal proceeding or by law enforcement personnel in the conduct of their authorized duties;
2. Such disclosure is made by a provider of an interactive computer service, as defined in paragraph (2) of subsection (f) of section 230 of title 47 of the United States code, with regard to content provided by another information content provider, as defined in paragraph (3) of such subsection; or
3. Such disclosure or threat of disclosure is made in relation to a matter of legitimate public concern or is otherwise protected by the first amendment of the United States constitution.
(L.L. 2017/242, 12/17/2017, eff. 12/17/2017; Am. L.L. 2018/192, 12/1/2018, eff. 3/1/2019)
a. Unlawful methods of restraint. No person shall restrain an individual in a manner that restricts the flow of air or blood by compressing the windpipe or the carotid arteries on each side of the neck, or sitting, kneeling, or standing on the chest or back in a manner that compresses the diaphragm, in the course of effecting or attempting to effect an arrest.
b. Penalties. Any person who violates subdivision a of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not more than $2,500, or both.
c. Any penalties resulting from a violation of subdivision a of this section shall not limit or preclude any cause of action available to any person or entity injured or aggrieved by such violation.
(L.L. 2020/066, 7/15/2020, eff. 7/15/2020)
a. It shall be unlawful for any person or entity to sell, offer for sale or distribute any artificial or synthetic material or substance for the purpose of concealing or obscuring the number on a license plate or distorting a recorded or photographic image of such license plate.
b. Authorized agents and employees of the police department, and of any other agency designated by the mayor, shall have the authority to enforce the provisions of subdivision a of this section.
c. Civil penalty. Any person who violates subdivision a of this section shall be liable for a civil penalty of not less than $300 for the first violation and not less than $500 for each subsequent violation, which may be recoverable in a proceeding before the office of administrative trials and hearings, pursuant to chapter 45-A of the charter.
(L.L. 2022/022, 1/9/2022, eff. 4/9/2022)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Advisory board. The term "advisory board" means the street harassment prevention advisory board established pursuant to this section.
Street harassment. The term "street harassment" means unwanted or unwelcome disrespectful, offensive or threatening statements, gestures or other conduct directed at a natural person in public based on the person's actual or perceived age, race, creed, color, national origin, gender, disability, sexual orientation or any other trait, status or condition.
b. Advisory board established. There shall be an advisory board to advise the mayor and the council on the issue of street harassment and its prevention.
c. Duties. The advisory board shall have the following duties:
1. To study the occurrence of street harassment;
2. To identify persons and communities most at risk of street harassment, and most impacted by its occurrence;
3. To develop and recommend programming and training materials for appropriate agencies to prevent and respond to street harassment, including recommendations for communication and outreach;
4. To develop and recommend programming, training and educational materials to promote public awareness and prevention of street harassment, including recommendations for communication and outreach;
5. To develop and recommend forms of support and resources for victims of street harassment, which may include identifying existing avenues for individuals to file complaints regarding discrimination or harassment;
6. To develop and recommend programming regarding non-criminalization responses to street harassment;
7. No later than December 31, 2022, to identify, recommend and make available to city agencies, for publicizing on their websites and through other methods, relevant information and resources addressing the prevention of street harassment, including, but not limited to a resource guide for victims of street harassment;
8. No later than 18 months after the effective date of the local law that added this section, and as frequently thereafter as the advisory board determines is necessary to fulfill the duties set forth in subdivision c of this section, to develop a survey for members of the public regarding the occurrence of street harassment. The advisory board shall determine the specific data elements to be collected in such survey, including but not limited to questions aimed at identifying high-risk locations, and shall collaborate with the members of the participating city offices and agencies to recommend which such city offices and agencies should conduct such survey;
9. Beginning on December 31, 2022, and no later than December 31 annually thereafter, to submit a report to the mayor and the speaker of the council that contains a summary of the advisory board's activities for the relevant reporting period, including but not limited to public outreach conducted by the participating city offices and agencies; the advisory board's recommendations for legislation and programming; and a list of materials the advisory board considered in making its recommendations;
10. Beginning with the report due December 31, 2023, and annually thereafter, the report due pursuant to paragraph 9 of this subdivision shall include a summary of findings of any survey conducted in the prior year pursuant to paragraph 8 of this subdivision; and
11. The report due pursuant to paragraph 9 of this subdivision shall be posted on the websites of the commission on gender equity and the office to end domestic and gender-based violence no later than 10 days after its submission to the mayor and the speaker of the council.
d. Members. The advisory board shall be composed of the following members:
1. The director of the commission on gender equity or their designee and the director of the office to end domestic and gender-based violence or their designee, who shall serve as co-chairs of the advisory board;
2. The chair of the city commission on human rights or their designee;
3. The executive director of the office of nightlife or their designee;
4. A representative from the department of transportation;
5. A representative from the metropolitan transit authority shall be invited to participate as a member;
6. Four members appointed by the mayor;
7. Two members appointed by the speaker of the council; and
8. Two members appointed by the public advocate.
Members appointed by the mayor, speaker of the council and the public advocate pursuant to paragraphs 6 through 8 of this subdivision shall: (i) be representative of all five boroughs; and (ii) have demonstrated expertise on the topic of street harassment prevention, including expertise as it relates to gender-based violence prevention, gender equity, LGBTQ rights, racial equity, religious tolerance, poverty and homelessness prevention, and immigrants' rights.
e. Other participants. The co-chairs may invite officers and representatives of relevant federal, state and local agencies and authorities to participate in the work of the advisory board.
f. Appointments. All appointments required by this section shall be made no later than May 1, 2022. Each member of the advisory board shall serve for a term of two years at the pleasure of the officer who appointed the member. In the event of a vacancy on the advisory board, a successor shall be appointed in the same manner as the original appointment for the remainder of the unexpired term. All members of the advisory board shall serve without compensation.
g. Meetings.
1. The co-chairs shall convene the first meeting of the advisory board no later than June 1, 2022, except that where not all members of the advisory board have been appointed within the time specified in subdivision f, the co-chairs shall convene the first meeting of the advisory board within 10 days of the appointment of a quorum.
2. The advisory board shall meet no less frequently than once each quarter to carry out the duties set forth in subdivision c of this section.
3. The advisory board may invite, or accept requests from, experts and stakeholders to attend its meetings and to provide testimony and information relevant to its duties.
4. The advisory board shall, during each calendar year, make at least one of its meetings open to members of the public to solicit their input. The advisory board shall seek assistance from agencies and organizations associated with members of the advisory board to publicize such public meetings to as broad a scope of the public as possible.
(L.L. 2022/046, 1/15/2022, eff. 1/15/2022)
a. Definitions. As used in this section, the following terms have the following meanings:
Abortion. The term "abortion" means the procedure to terminate a pregnancy for purposes other than producing a live birth, including a termination using pharmacological agents, and any services related to such procedure, including pre-procedure and post-procedure counseling.
City property. The term "city property" means any real property leased or owned by the city that serves a city governmental purpose and over which the city has operational control.
b. No city resources, including, but not limited to, time spent by employees, officers, contractors, or subcontractors while on duty, or the use of city property, shall be utilized for:
1. The detention of a person known to have performed or aided in the performance of an abortion, or to have procured an abortion, unless there is reasonable cause to believe the abortion was not performed in accordance with article 25-a of the public health law or any state or local law that applies in New York city; or
2. Cooperating with or providing information to any individual or out-of-state agency or department that would confirm, deny, or identify any person associated with an abortion that has been lawfully performed.
c. Nothing in this section shall prohibit the investigation of criminal activity which may involve the performance of an abortion not performed in accordance with article 25-a of the public health law or any other applicable state or local law, provided that no information that would identify any person associated with an abortion that has been lawfully performed may be shared with an out-of-state agency or any other individual without the prior consent of such person associated with such abortion.
d. Nothing in this section shall affect any other law or rule of this state or this city that provides a person a right to any information or document to which they are legally entitled.
e. Nothing in this section shall prevent a city agency from cooperating with or providing information to any individual or out-of-state agency or department for scientific study or research being undertaken for the purpose of the reduction of morbidity and mortality or the improvement of the quality of medical care.
(L.L. 2022/074, 8/12/2022, eff. 8/12/2022)
a. Definitions. As used in this section, the following terms have the following meanings:
1. City property. The term “city property” means any real property leased or owned by the city that serves a city governmental purpose and over which the city has operational control.
2. Gender-affirming care. The term “gender-affirming care” means medical, surgical, behavioral health, psychosocial, and other services intended to support and affirm a person’s self-determined gender identity or expression. The term “gender-affirming care” does not include sexual orientation, gender identity, and gender expression change efforts.
3. Seeking, obtaining, providing, or facilitating gender-affirming care. The term “seeking, obtaining, providing, or facilitating gender-affirming care” includes, but is not limited to, any of the following: expressing interest in, inducing, using, performing, furnishing, paying for, disseminating information about, arranging, insuring, assisting, or otherwise taking action to engage in gender-affirming care; or attempting any of the same.
4. Sexual orientation, gender identity, and gender expression change efforts. The term “sexual orientation, gender identity, and gender expression change efforts” means efforts intended to change a person’s self-determined gender identity or expression, or sexual orientation, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same gender. The term “sexual orientation, gender identity, and gender expression change efforts" does not include counseling or treatment for a person seeking to transition from one gender to another, or therapy that (i) provides acceptance, support, and understanding of a person or the facilitation of a person’s coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, and (ii) does not seek to change sexual orientation, gender identity, or gender expression.
b. No city resources, including, but not limited to, time spent by employees, city officers, or any person under contract to perform work or provide services for the city, while on duty, or use of city property, shall be utilized for:
1. The detention of a person on grounds that they are known or believed to have lawfully sought, obtained, provided, or facilitated gender-affirming care in the state of New York; or known or believed to have sought, obtained, provided, or facilitated gender-affirming care outside the state of New York in circumstances where such conduct would have been lawful had it occurred in the state of New York; or
2. Cooperation with an investigation of a person on grounds that such person is known or believed to have sought, obtained, provided, or facilitated gender-affirming care outside the state of New York under circumstances where their conduct would have been lawful had it occurred in the state of New York.
c. For the purposes of this section, a provider whose professional license in the state where they practice would have qualified them to provide such care if it were lawful to do so in such state shall be considered to have been qualified to provide such care in the state of New York.
d. Nothing in this section shall prohibit the civil or criminal investigation of a person suspected or alleged to have provided or facilitated gender-affirming care not in accordance with applicable provisions of the laws of the city and the state of New York, or cooperation in such an investigation, provided that, to the extent legally permissible, no information that may identify any person alleged to have sought or obtained gender-affirming care shall be disclosed to investigating personnel or defense counsel without the prior consent of the person alleged to have sought or obtained such care.
e. Nothing in this section shall prohibit the civil or criminal investigation of a person suspected or alleged to have provided or facilitated gender-affirming care in another state in a manner that would be prohibited by the laws of the city and the state of New York, or cooperation in such an investigation, provided that, to the extent legally permissible, no information that may identify any person alleged to have sought or obtained gender-affirming care shall be disclosed to investigating personnel or defense counsel without the prior consent of the person alleged to have sought or obtained such care.
f. Nothing in this section shall prohibit an agency or employee, city officer, or any person under contract to perform work or provide services for the city, while on duty, from making a disclosure relating to a person who has sought or obtained gender-affirming care when such person has consented in writing to the disclosure.
g. Nothing in this section shall prohibit an agency or employee, city officer, or any person under contract to perform work or provide services for the city, while on duty, from complying with a request for information relating to a proceeding that sounds in tort or contract, or is based on or brought under federal law or regulation, statute or regulation of the state of New York, or the laws of the city, or law of another state for which there is an equivalent or similar cause of action in the state of New York; and has been brought by a person who claims to have sought or obtained gender-affirming care.
h. Nothing in this section shall require an agency or employee, city officer, or any person under contract to perform work or provide services for the city, while on duty, to fail to comply with a court order from a court of competent jurisdiction.
i. Nothing in this section shall prevent compliance with laws that provide persons a right to any information or document pertaining to their own gender-affirming care.
j. Nothing in this section shall prevent an agency or employee, city officer, or any person under contract to perform work or provide services for the city, while on duty, from cooperating with or providing information to any person or out-of-state agency or department for scientific study or research being undertaken for the purpose of the reduction of morbidity and mortality or the improvement of the quality of medical care, provided that no information relating to any medical care provided to a specific person or that would identify any person associated with gender-affirming care that has been lawfully provided may be shared without the prior consent of such person.
k. Nothing in this section shall prevent an agency or employee, city officer, or any person under contract to perform work or provide services for the city, while on duty, from taking such actions as are necessary to carry out their legal responsibilities with respect to a minor. Any disclosure made for such purposes that identifies persons who have sought, obtained, provided, or facilitated gender-affirming care, or the services related to gender-affirming care that were sought, obtained, provided, or facilitated shall be limited to the amount of information reasonably necessary to achieve the purpose of the disclosure.
(L.L. 2023/120, 8/13/2023, eff. 8/13/2023)
a. Definitions. For purposes of this section, the term "etching" means the affixing or engraving of a unique identifying number onto a catalytic converter of a motor vehicle by the police department or with a kit provided by the police department.
b. Etching program for the public. Subject to appropriation, the police department shall establish a program to:
1. Provide etching to the public; and
2. Engage in an outreach campaign to inform the public about the etching program and the means by which etching may prevent theft of catalytic converters.
(L.L. 2023/005, 1/7/2023, eff. 4/7/2023)
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