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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.
a. Legislative findings and intent. Participation in youth sports programs should be a rewarding experience. Through sports programs, our youth learn the importance of teamwork, cooperation, effort, discipline and commitment. Furthermore, regular physical activity is the cornerstone of an active and healthy lifestyle. Unfortunately, good sportsmanship is sometimes lacking on the part of coaches, parents, players, spectators and other persons involved in youth sports programs, resulting in the creation of a hostile environment for participants. The City Council finds that in order to realize the full potential and value of youth sports programs, participants in such programs should follow a Code of Conduct that reflects principles of good sportsmanship at all youth sports events. Furthermore, the City Council finds that organizations that administer youth sports programs should have the option of banning coaches, parents, players, spectators and other participants in youth sports programs from attending youth sports events if they engage in certain egregious behavior at such events. Additionally, such organizations should have the option of requiring individuals to complete some form of anger management counseling before being allowed to resume attendance at youth sports events.
b. Definitions. For purposes of this section:
(1) The term "youth" shall mean any person under the age of eighteen.
(2) The term "organization" shall mean any individual, firm, partnership, trust, association, corporation or other entity.
(3) The term "youth sports event" shall mean a competition, practice or instructional event involving one or more youth sports teams, where such youth sports teams utilize city facilities and/or receive city funding.
c. Any organization that administers a youth sports program that utilizes city facilities and/or receives city funding shall distribute the following Model Code of Conduct or a similar Code of Conduct containing guidelines for conduct of behavior to be observed at youth sports events to all coaches, parents and players participating in such sports program:
Model Code of Conduct
1. All officials, coaches, parents, players, spectators and participants shall respect one another.
2. All officials, coaches, parents, players, spectators and participants shall respect officials' decisions.
3. All officials, coaches, parents, players, spectators and participants shall engage in fair play and abide by all game rules.
4. All officials, coaches, parents, players, spectators and participants shall refrain from engaging in taunting of officials, coaches, parents, players, spectators or other participants by means of baiting or ridiculing.
5. All officials, coaches, parents, players, spectators and participants shall refrain from verbal and/or profane abuse of officials, coaches, parents, players, spectators or other participants.
6. All officials, coaches, parents, players, spectators and participants shall refrain from threatening physical violence or engaging in any form of physical violence.
7. All officials, coaches, parents, players, spectators and participants shall win and lose with good sportsmanship and shall strive to make youth sports programs rewarding for all participants.
d. Any organization that administers a youth sports program that utilizes city facilities or receives city funding shall post or affix the Model Code of Conduct or a similar Code of Conduct containing guidelines for conduct of behavior to be observed at youth sports events at the primary facility where such youth sports events occur, as practicable.
e. Any organization that administers a youth sports program that utilizes city facilities and/or receives city funding may ban the presence at youth sports events of any official, coach, parent, player, spectator or other participant who (1) engages in verbal or physical threats or abuse aimed at any official, coach, parent, player, spectator or other participant, (2) initiates a fight or scuffle with any official, coach, parent, player, spectator or other participant or (3) engages in repeated and egregious violations of the Model Code of Conduct or similar Code of Conduct containing guidelines for conduct of behavior to be observed at youth sports events, if the conduct occurs at or in connection with such youth sports event.
f. In the event that any official, coach, parent, player, spectator or other participant is banned from attending youth sports events pursuant to subdivision (e) of this section, such person may petition the organization that imposed such ban for permission to resume attendance. Prior to being permitted to resume attendance, such organization may require such person to present proof of completion of anger management counseling or its equivalent.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.
Any person who sells or gives any motor vehicle or motorcycle to any minor under eighteen years of age who has not been licensed to operate a motor vehicle or motorcycle within the city of New York, is guilty of a misdemeanor punishable by a fine of not more than two hundred fifty dollars, imprisonment for not more than six months, or both.
a. It shall be unlawful for any person to knowingly possess any type of handcuffs, including disposable cinch cuffs, thumb cuffs or leg irons. This section shall not prohibit the possession of toy handcuffs which by their construction cannot be used to restrain an individual.
b. The prohibition of this section shall not apply to the following persons:
1. any peace officer, police officer or any person appointed as a police officer by the superintendent of state police; or
2. any police officer or peace officer of another state while conducting official business within the state of New York; or
3. any employee of the city, charged with the care or custody of a juvenile committed to a secure detention facility, while on duty or while traveling to or from his or her assigned duty; or
4. any person in military service or other service of the state, or of the United States, in pursuit of official duty or when duly authorized by federal or state law, regulation or ordered to possess the same articles prohibited by this section; or
5. any member of the auxiliary police force; or
6. any special patrolman appointed by the police commissioner, while on duty or while traveling to or from his or her assigned place of duty; or
7. any licensed private investigator or any employee of a watch, guard, or patrol agency licensed by the secretary of state under article seven of the general business law, or any employee of a person, firm or corporation operating an armored car transportation service, while such person is acting in the course of his or her employment or is traveling to or from his or her place of employment; and
8. any employee of a person, firm or corporation engaged in the business of manufacturing, selling or transporting such handcuffs, including disposable cinch cuffs, thumb cuffs or leg irons, which are intended for possession by persons authorized by this section, while such person is acting in the course or his or her employment or is traveling to or from his or her place of employment; or
9. any person engaged in a business activity which requires the utilization of such handcuffs, including disposable cinch cuffs, thumbcuffs or leg irons as authorized pursuant to regulations promulgated by the police commissioner, while such person is acting in the course of his or her employment or is traveling to or from his or her place of employment.
c. Any person found in violation of this section shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisonment of not more than ten days or both.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076.
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