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a. Legislative findings. It is hereby declared and found that the possession in public places, streets and parks of the city, of folding knives which lock upon opening, is a menace to the public health, peace, safety and welfare of the people of the city; that the possession in public places, streets and parks of such knives has resulted in the commission of many homicides, robberies, maimings and assaults of and upon the people of the city, that this condition encourages and fosters the commission of crimes, and contributes to juvenile delinquency, youth crime and gangsterism; that if this situation is not addressed, then there is a danger of an increase in crimes of violence, and other conditions detrimental to public peace, safety and welfare. It has been found that folding knives with a blade of four (4) inches or more that locks in an open position are designed and used almost exclusively for the purpose of stabbing or the threat thereof. Therefore for the safety of the city, such weapons should be prohibited from sale within the jurisdiction of the city of New York.
b. It shall be unlawful for any person to sell, or offer for sale within the jurisdiction of the city of New York, any folding knife with a blade length of four or more inches which is so constructed that when it is opened it is locked in an open position and cannot be closed without depressing or moving a release mechanism.
c. Exempt from this section are importers and exporters or merchants who ship or receive locking folding knives, with a blade length of four or more inches, in bulk, which knives are scheduled to travel or have travelled in the course of international, interstate, or intrastate commerce to a point outside the city. Such bulk shipments shall remain in their original shipping package, unopened, except for inspection and possible subdivision for further movement in interstate or intrastate commerce to a point outside the city.
d. Violation of this section shall be an offense punishable by a fine of not more than seven hundred fifty dollars ($750) or by imprisonment not exceeding fifteen days (15) or both such fine and imprisonment. Any person violating this section shall be subject to a civil penalty not to exceed one thousand dollars for each violation.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076.
a. Legislative findings. The council hereby finds that the number of school safety incidents which take place in the city's schools are disturbingly high and are rising, and that these incidents place students and staff at unacceptable risk of injury and disrupt the learning environment. Board of education statistics reveal that for the first half of the 1994-95 school year, 8,333 school safety incidents occurred, representing a 27.6 percent increase as compared with the same period in the prior year. Board of education statistics also reveal that for the entire 1994-95 school year, 19,814 school safety incidents were reported, representing an increase of 16 percent as compared to the prior school year. The council further finds that the board of education's school safety statistics reveal that over 2,000 box cutters and other similar implements were seized during the 1994-95 school year, indicating that these instruments have become the "weapon of choice" in the city's schools. These implements are used as weapons by students as they are relatively inexpensive, readily available, and easily deployable. Used as weapons, box cutters and similar instruments can cause great injury. It is the council's belief that banning the sale of box cutters to minors under eighteen year of age, requiring that those who sell box cutters ensure that they are not displayed in a manner that increases opportunities for minors to steal them, and banning the possession of box cutters by persons under twenty-two years of age on school premises, will significantly help in reducing the number of violent school safety incidents and in ensuring that schools are the safe havens of knowledge and education that children need and deserve.
b. Definitions. For purposes of this section:
(1) "Box cutter" means any knife consisting of a razor blade, retractable, nonretractable, or detachable in segments, attached to or contained within a plastic or metal housing, including utility knives, snap-off knives, and box cart cutters.
(2) "Person" means any natural person, corporation, partnership, firm, organization or other legal entity.
(3) "Public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any hallway, lobby and other portion of an apartment house or hotel not constituting a room or apartment designed for actual residence.
(4) "School premises" means the buildings, grounds, or facilities, or any portion thereof, owned, occupied by, or under the custody or control of public and private institutions for the primary purpose of providing educational instruction to students, and any vehicles owned, operated or leased by such institutions which are used to transport such students or the personnel of such institutions.
c. It shall be unlawful for any person to sell or offer to sell or cause any person to sell or offer to sell a box cutter to any individual under twenty-one years of age.
d. No person who sells or offers for sale box cutters shall place such box cutters on open display so that such implements are accessible to the public without the assistance of such seller, or his or her employee or other agent, offering such implement for sale; provided, however, that the restrictions of this subdivision shall not apply to those box cutters on open display (1) which are clearly and fully visible from a place of payment for goods or services or customer information at which such seller or an employee or other agent of such seller is usually present during hours when the public is invited or (2) which are in a package, box or other container provided by the manufacturer, importer or packager that is larger than 41 square inches.
e. It shall be unlawful for any person under twenty-two years of age to possess a box cutter on school premises, and unlawful for any person under twenty-one years of age to possess a box cutter while in a public place; provided, however, that nothing in this subdivision shall preclude:
(1) the temporary transfer on school premises of such an instrument to a person under twenty-two years of age for a valid instructional, or school-related purpose where such device is used only under the supervision of a school staff person or other authorized instructor; or
(2) the possession or use of such an instrument in a public place by any person under twenty-one years of age or on school premises by any person under twenty-two years of age so long as it occurs under circumstances in which such person is performing work on such premises during the course of his or her employment, and such instrument is used only under the supervision of his or her employer or such employer's agent or a school staff person.
f. When a person is found to possess a box cutter while in a public place in violation of subdivision e of this section, it is an affirmative defense that:
(1) such person is traveling to or from school premises, where it was or will be used for a valid instructional or school related purpose and used only under the supervision of a school staff member or other authorized instructor, and such person has not displayed the box cutter in a menacing or threatening manner, or in a manner that a reasonable person would believe manifests an intent to use such box cutter for a criminal purpose; or
(2) such person is traveling to or from his or her place of employment, where it was or will be used during the course of such employment and used only under the supervision of his or her employer or such employer's agent, and such person has not displayed the box cutter in a menacing or threatening manner, or in a manner that a reasonable person would believe manifests an intent to use such box cutter for a criminal purpose.
g. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
a. Definitions. For purposes of this section:
(1) "Laser pointer" means any device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.
(2) "Person" means any natural person, corporation, partnership, firm, organization or other legal entity.
(3) "Public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, parking lot, plaza, transportation facility, place of amusement, park, playground, and any hallway, lobby and other portion of an apartment house or hotel not constituting a room or apartment designed for actual residence.
(4) "School premises" means the buildings, grounds or facilities, or any portion thereof, owned, occupied by, or under the custody or control of public or private institutions for the primary purpose of providing educational or recreational instruction to students, and any vehicles owned, operated or leased by or on behalf of such institutions that are used to transport such students or the personnel of such institutions.
b. It shall be unlawful for any person to give, sell or offer to sell or cause any person to give, sell or offer to sell a laser pointer to any individual eighteen years of age or younger.
c. No person who sells or offers for sale laser pointers shall place such laser pointers on open display so that such laser pointers are accessible to the public without the assistance of such seller, or his or her employee or other agent, offering such laser pointers for sale, unless: (1) such laser pointers on open display are clearly and fully visible from a place of payment for goods or services or customer information at which such seller or an employee or other agent of such seller is usually present during hours when the public is invited or (2) such laser pointers are in a package, box or other container provided by the manufacturer, importer or packager that is larger than forty-one square inches. Further, it shall be unlawful to display laser pointers in any manner or to post a sign advertising the availability of laser pointers unless a notice has been posted, in a form and manner prescribed by rule of the department of consumer and worker protection, indicating that the sale or giving of laser pointers to persons eighteen years of age or younger is a misdemeanor.
d. It shall be unlawful for any person twenty years of age or younger to possess a laser pointer on school premises, unlawful for any person eighteen years of age or younger to possess a laser pointer while in a public place and unlawful for any person to direct light emitted from a laser pointer into or through a public place; provided, however, that nothing in this section shall preclude:
(1) the temporary transfer on school premises of a laser pointer to, or possession on school premises of a laser pointer by, a person twenty years of age or younger for a valid instructional, school-related or employment purpose, where such laser pointer is used under the supervision of a school staff person, other authorized instructor, employer or employer's agent; or
(2) the temporary transfer in a public place of a laser pointer to, or possession in a public place of a laser pointer by, a person eighteen years of age or younger, during such person's hours of employment, for a valid employment purpose, where such laser pointer is used under the supervision of the employer or employer's agent; or
(3) the direction of light from a laser pointer into or through a public place by a person nineteen years of age or older, during such person's hours of employment, for a valid employment purpose.
e. It shall be unlawful for any person to direct light from a laser pointer at a uniformed police officer, uniformed security guard, uniformed school safety officer, uniformed traffic enforcement agent, uniformed member of a paid or volunteer fire department, uniformed emergency medical service worker or uniformed ambulance worker, or other uniformed city, state or federal peace officer, investigator or emergency service worker, or the marked service vehicle of any such individual.
f. When a person is found to possess a laser pointer while in a public place or on school premises in violation of subdivision d of this section, it is an affirmative defense that:
(1) such person was traveling to or from school premises, where the laser pointer would have been or was used for a valid instructional, school-related or employment purpose under the supervision of a school staff person, other authorized instructor, employer or employer's agent, and such person had not turned on the laser pointer or displayed it in a menacing or threatening manner; or
(2) such person was traveling to or from his or her place of employment, where the laser pointer would have been or was used during such person's hours of employment, for a valid employment purpose, under the supervision of the employer or employer's agent, and such person had not turned on the laser pointer or displayed it in a menacing or threatening manner.
g. Authorized agents and employees of the department of consumer and worker protection, and of any other agency designated by the mayor, shall have the authority to enforce the provisions of subdivisions b and c of this section. A proceeding to recover any civil penalty pursuant to this section shall be commenced by the service of a notice of hearing that shall be returnable to the administrative tribunal of the department of consumer and worker protection. The administrative tribunal of the department shall have the power to impose civil penalties for a violation of subdivision b or c of this section as follows: not more than three hundred dollars for the first violation; not more than five hundred dollars for the second violation by the same person within a two-year period; and not more than one thousand dollars for the third and all subsequent violations by the same person within a two-year period. For purposes of determining whether a violation of subdivision b or subdivision c of this section should be adjudicated as a second, third or subsequent violation, violations of subdivision b and violations of subdivision c of this section by the same person within a two-year period shall be aggregated.
h. Any person who violates subdivision b, c or e of this section shall be guilty of a misdemeanor. Any person who violates subdivision d of this section shall be guilty of a violation for a first offense and a misdemeanor for all subsequent offenses.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.
a. As used in this section, "electronic stun gun" shall mean any device designed primarily as a weapon, the purpose of which is to stun, render unconscious or paralyze a person by passing an electronic shock to such person, but shall not include an "electronic dart gun" as such term is defined in section 265.00 of the penal law.
b. It shall be unlawful for any person to sell or offer for sale or to have in his or her possession within the jurisdiction of the city any electronic stun gun.
c. Violation of this section shall be a class A misdemeanor.
d. The provisions of this section prohibiting the possession of electronic stun guns shall not apply to police officers as defined in the criminal procedure law, who are operating under regular department procedure or operation guidelines established by their department.
e. The provisions of this section shall not apply to manufacturers of electronic stun guns or importers and exporters or merchants of electronic stun guns, when such stun guns are scheduled to travel in the course of international, interstate, or intrastate commerce to a point outside the city. Such bulk shipments shall remain in their original shipping package, unopened, except for inspection and possible subdivision for further movement in interstate or intrastate commerce to a point outside the city.
a. Definitions. For purposes of this section:
(1) "Aggressive manner" shall mean:
(a) Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to (i) fear bodily harm to oneself or to another, damage to or loss of property, or the commission of any offense as defined in section ten of the penal law upon oneself or another, or (ii) otherwise be intimidated into giving money or other thing of value, or (iii) suffer unreasonable inconvenience, annoyance or alarm;
(b) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging;
(c) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; or
(d) Using violent or threatening gestures toward a person solicited.
(2) "Solicit, ask or beg" shall include using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
(3) "Public place" shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any hallway, lobby and other portion of an apartment house or hotel not constituting a room or apartment designed for actual residence.
(4) "Bank" shall mean any banking corporation as defined in section 11-164 of the code.
(5) "Check cashing business" shall mean any person duly licensed by the superintendent of banks to engage in the business of cashing checks, drafts or money orders for consideration pursuant to the provisions of article 9-A of the banking law.
(6) "Automated teller machine" shall mean a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
(7) "Automated teller machine facility" shall mean the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
b. Prohibited acts.
(1) No person shall solicit, ask or beg in an aggressive manner in any public place.
(2) No person shall solicit, ask or beg within ten feet of any entrance or exit of any bank or check cashing business during its business hours or within ten feet of any automated teller machine during the time it is available for customers' use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.
(3) No person shall approach an operator or other occupant of a motor vehicle while such vehicle is located on any street, for the purpose of either performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services, if such approaching, performing, offering or soliciting is done in an aggressive manner as defined in paragraph one of subdivision a of this section. Provided, however, that this paragraph shall not apply to services rendered in connection with the lawful towing of such vehicle or in connection with emergency repairs requested by the operator or other occupant of such vehicle.
c. Exemptions. The provisions of this section shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.
d. Penalties. Any violation of the provisions of this section shall constitute a misdemeanor punishable by imprisonment for not more than sixteen days or by a fine not to exceed one hundred dollars, or by both.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/080.
* Editor's note: there are two sections designated as § 10-137.
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
1. "Department" shall mean the New York city department of education.
2. "Gender" shall mean actual or perceived sex and shall also include a person's gender identity, self-image, appearance, behavior or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth.
3. "Harassment" shall mean the creation of a hostile environment by, in whole or in part, conduct or verbal threats, taunting, intimidation or abuse, including conduct, verbal threats, intimidation or abuse for any reason, including, but not limited to, a person's actual or perceived race, color, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, sex, family composition or circumstance, economic circumstance, physical characteristic, medical condition, school performance or any other characteristic or reason that has or would reasonably have the effect of substantially interfering with a student's educational performance, opportunities or benefits, or a student's mental, emotional or physical well-being, or that reasonably causes or would reasonably be expected to cause a student or other person to fear for his or her physical safety.
4. "Retaliatory action" shall mean, but not be limited to, dismissal, demotion, suspension, disciplinary action, negative performance evaluation, any action resulting in loss of staff, compensation or other benefit, failure to hire, failure to appoint, failure to promote, or transfer or assignment or failure to transfer or assign against the wishes of the affected person.
5. "School" shall mean each school within the New York city public school system that provides educational instruction to students at or below the twelfth grade level.
6. "School function" shall mean a school-sponsored extra-curricular event or activity or any event that takes place on school premises.
7. "School premises" shall mean the buildings, grounds or facilities, or any portion thereof, owned, occupied by, or under the custody or control of the department or of a school, used for the primary purpose of providing educational instruction to students at or below the twelfth grade level, and any vehicles owned, operated or leased by or on behalf of such institutions that are used to transport such students or the personnel of such institutions. School premises shall also include public transportation, such as subways, buses and ferries, when students use such public transportation to attend school or a school function.
b. Prohibition of harassment. No person shall subject another person to harassment on school premises or at a school function.
c. Policies and guidelines.
1. The chancellor of the city public school system shall create policies and guidelines, in accordance with the procedures set forth in subdivision three of section 2801 of the New York state education law, designed to create an environment for each school that is free from harassment. Such policies and guidelines shall include, but not be limited to, penalties or disciplinary measures for those found to have violated such policies and guidelines, and shall indicate when incidents of harassment must be reported to law enforcement authorities. Such policies and guidelines shall also specify that harassment is a basis for granting to a student who has been harassed a transfer to another school, commonly called a "safety transfer," and that harassment is a basis for disciplining any student who engages or has engaged in the harassment of others.
2. Such policies and guidelines required by paragraph 1 of this subdivision shall also:
(i) include guidelines to be used in employee training programs, which training shall be given on a regular basis to all pedagogical staff and school safety officers to discourage the development of harassment by (a) raising the awareness and sensitivity of school employees to potential harassment, and (b) enabling employees to prevent and respond to harassment;
(ii) include guidelines to be used in presentations given to students about conduct and harassment issues; such guidelines shall be designed to discourage the development of harassment by (a) raising the awareness and sensitivity of pupils regarding potential harassment, and (b) fostering empathy and empathetic conduct among students;
(iii) be included in the code of conduct which the chancellor is required to disseminate pursuant to subdivision four of section 2801 of the New York state education law;
(iv) be included in mail to parents or guardians of students at each school at the beginning of each school year, be posted in prominent places within each school and be translated and made available in the ten most common languages spoken in New York city and in any other language spoken by more than ten percent of the parents or guardians of children attending any individual school; and
(v) be distributed to all staff, school safety officers and members of school safety committees.
3. The chancellor of the city public school system shall appoint the principal of each school as the person responsible for ensuring the dissemination of the anti-harassment policies and guidelines to all staff of each school, all school safety officers, all members of the school safety committee, and to all students and their parents or guardians, and for providing training to pedagogical staff and school safety officers. Such principal shall also ensure that the name and contact information of a school employee who can provide copies of such policies and guidelines is made available to all students, parents, guardians, staff and to the school safety committee. Such principal may designate a subordinate to assume the responsibilities required by this paragraph.
d. Reporting.
1. The chancellor of the city public school system shall appoint the principal of each school as the enforcement officer responsible for ensuring the enforcement of the anti-harassment policies and guidelines established pursuant to subdivision c of this section and to whom reports of incidents of harassment on school premises or at a school function may be made. Each such principal may designate a subordinate to assume these responsibilities. The chancellor shall also appoint the superintendent of each region and/or district within his or her jurisdiction or the designee of such superintendent, as the person to whom reports of incidents of harassment on school premises or at a school function may be made when such report concerns the principal or other person appointed or designated as the enforcement officer of a school.
2. The chancellor shall create procedures under which incidents of harassment on school premises or at school functions are tracked centrally for record keeping purposes, and procedures under which such incidents of harassment are reported promptly to the principal or his or her designee, or the superintendent of each region and/or district or his or her designee, who must complete, for each such incident, an incident report indicating information about the incident, including, but not limited to, the parties, the location where such incident took place, the date and time such incident occurred and type of harassment involved.
3. By no later than July 30 of each year, the department shall publish a statistical summary of all incidents of harassment that occurred on school premises or at a school function during the preceding school year. Such summary report shall indicate, at a minimum, the number and nature of incidents of harassment broken down by school, school district, region, borough and grade level, and shall be published on the department's website and by such other means as, in the chancellor's discretion, are reasonably determined to best disseminate such information to the public.
4. The department shall also include, on each school's annual report card or any similar document that the department creates, summary information about incidents of harassment at such school, which information shall include (i) a comparison of all incidents of harassment at such school with all incidents of harassment in all similar schools, as determined by the department and (ii) the number of safety transfers that were granted from such school to another school during the preceding school year.
e. Protection of people who report incidents of harassment. Any person subjected to harassment or having reasonable cause to suspect that another person has been subjected to harassment on school premises or at a school function, who reasonably and in good faith either reports such information to appropriate school officials or to law enforcement authorities, or who initiates, testifies, participates or assists in any formal or informal proceedings pursuant to this section, shall not be liable for civil damages that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings, and no school official or employee shall take, request or cause a retaliatory action against any such person who either makes such a report or initiates, testifies, participates or assists in such formal or informal proceeding.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/042.
* Editor's note: there are two sections designated as § 10-137.
a. Definitions. For the purposes of this section:
(1) "audible burglar alarm for a motor vehicle" shall mean any sound signal device designed and intended to produce an audible response upon unauthorized entry into a motor vehicle.
(2) "dealer" shall mean a person selling or leasing and distributing motor vehicles primarily to purchasers that in good faith purchase the vehicles other than for resale.
(3) "manufacturer" shall mean any person manufacturing or assembling motor vehicles.
(4) "motor vehicle" shall mean any device that is propelled by an engine in or upon which a person or material may be transported on the ground and which is intended to be operated upon a public highway.
(5) "person" shall mean an individual, partnership, company, corporation, association, firm, organization or any principal, director, officer, partner, member or employee thereof.
b. (1) It shall be unlawful for any person to sell or offer or display for sale or cause any other person to sell or offer or display for sale an audible burglar alarm for a motor vehicle that:
i. is not capable of automatically terminating its audible response within three minutes of its being activated;
ii. is capable of being activated by means other than direct physical contact with such motor vehicle or through the use of an individual remote activation device that is designed to be used with the audible burglar alarm system of a particular vehicle which alarm shall be capable of and shall terminate its audible response within three minutes of its being activated; or
iii. is set to automatically terminate its audible response more than three minutes after its being activated.
(2) It shall be unlawful for any person, other than a manufacturer, to install or cause any person to install an audible burglar alarm for a motor vehicle that:
i. is not capable of automatically terminating its audible response within three minutes of its being activated;
ii. is capable of being activated by means other than direct physical contact with such motor vehicle or through the use of an individual remote activation device that is designed to be used with the audible burglar alarm system of a particular vehicle which alarm shall be capable of and shall terminate its audible response within three minutes of its being activated; or
iii. after completion of installation, is not set to automatically terminate its audible response within three minutes of its being activated.
(3) It shall be unlawful for any person to sell, offer or display for sale, or install or cause any other person to sell, offer or display for sale, or install any component that when added to an audible burglar alarm for a motor vehicle would cause such alarm to not meet the requirements of subdivision d of section 24-221* of this code.
c. (1) Notwithstanding the provisions of subdivision b of this section, any dealer or any person who prior to the effective date of this section installed an audible burglar alarm for a motor vehicle that does not comply with subdivision b of this section and who, at the time the audible burglar alarm for a motor vehicle was installed, provided a warranty for the replacement or repair of such alarm that commenced upon the installation of such alarm, shall be authorized to replace or repair such alarm in accordance with the terms of such warranty.
(2) Any dealer or any person to which the provisions of paragraph one of this subdivision apply shall maintain a record of all repairs and replacements of such audible burglar alarm for a motor vehicle performed in accordance with the terms of a warranty. Such records shall include the effective date and expiration date of the warranty, the date on which such repair or replacement was performed and such other information as the police commissioner may require by rule. These records shall be retained for a period of seven years, or such longer period as the police commissioner may establish by rule.
d. (1) Any person who violates subdivision b of this section shall be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars for the first violation, not less than one thousand dollars nor more than two thousand five hundred dollars for the second violation and not less than two thousand five hundred dollars nor more than five thousand dollars for the third and each subsequent violation.
(2) Each sale, offer or display for sale, or installation of an audible burglar alarm for a motor vehicle made or caused to be made in violation of subdivision b of this section shall be deemed a separate violation and a separate civil penalty shall be imposed for each such violation.
e. The provisions of this section shall be enforced by the police department and the department of consumer and worker protection.
f. A proceeding to recover any civil penalty pursuant to this section shall be commenced by the service of a notice of hearing that shall be returnable to an administrative tribunal of the office of administrative trials and hearings.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.
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