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L.L. 2018/046
Enactment date: 1/11/2018
Int. No. 1661-A
By Council Members Espinal, Torres, Greenfield, Salamanca, Grodenchik, Richards, Reynoso, Maisel, Gentile, Cornegy, Menchaca, Cumbo, Deutsch, Treyger, Johnson, Williams, Garodnick, Levin, Levine, Chin, Vacca, Lander, Eugene, Koslowitz, Cohen, Constantinides, Cabrera, Rose and Kallos (by request of the Brooklyn Borough President)
A Local Law in relation to requiring the department of city planning, department of small business services, and the department of parks and recreation to develop urban agriculture website
Be it enacted by the Council as follows:
Section 1. Urban agriculture website. An urban agriculture website shall be developed on nyc.gov
or any successor website maintained by or on behalf of the city of New York and shall include such information as is set forth in subdivisions a and b of this section.
a. Commercial urban agriculture uses. The department of city planning and the department of small business services, in cooperation with other relevant agencies and stakeholders, including but not limited to food policy educators and representatives from urban farming businesses, shall prepare content for such urban agriculture website. Such content shall include, but not be limited to, the following:
(i) zoning regulations for agricultural uses, including but not limited to, farms, greenhouses, nurseries and truck gardens;
(ii) assistance available from the department of city planning in obtaining information about specific properties;
(iii) a link to ZoLa (Zoning and Land Use Application) or its successor resource; and
(iv) other existing business resources relevant to urban agricultural businesses available from city agencies.
b. Community urban agriculture uses. The department of parks and recreation, in cooperation with other relevant agencies and stakeholders as needed, including but not limited to, food policy educators and representatives from community gardens, shall prepare content for such urban agriculture website. Such content shall include, but not be limited to, the following:
(i) a list of existing urban agricultural spaces, and those city-owned spaces, which are available and potentially suitable for community urban agricultural use, including community gardens and urban farms. When compiling or revising such list, the department of parks and recreation shall consult with other relevant agencies, including the department of housing preservation and development and the department of citywide administrative services;
(ii) information on how such spaces can be established and supported; and
(iii) information on how produce grown on-site at community urban agriculture sites can be distributed within communities.
c. For purposes of the uses specified in subdivision a of this section, "commercial urban agriculture" shall be as determined by the department of city planning and the department of small business services. For purposes of the uses specified in subdivision b of this section, "community urban agriculture" shall be as determined by the department of parks and recreation.
d. The website specified in subdivisions a and b of this section shall be active no later than July 1, 2018. Relevant agencies responsible for the construction and maintenance of the website shall issue a review of the website's efficacy to the city council due no later than January 1, 2019.
§ 2. This local law takes effect immediately.
L.L. 2018/049
Enactment date: 1/11/2018
Int. No. 1696-A
By Council Members Vacca, Rosenthal, Johnson, Salamanca, Gentile, Cornegy, Williams, Kallos and Menchaca
A Local Law in relation to automated decision systems used by agencies
Be it enacted by the Council as follows:
Section 1.
a. For purposes of this local law:
Agency. The term "agency" means an agency, as defined in section 1-112 of the administrative code of the city of New York, the head of which is appointed by the mayor.
Automated decision system. The term "automated decision system" means computerized implementations of algorithms, including those derived from machine learning or other data processing or artificial intelligence techniques, which are used to make or assist in making decisions.
Automated decision system, agency. The term "agency automated decision system" means an automated decision system used by an agency to make or assist in making decisions concerning rules, policies or actions implemented that impact the public.
Charitable corporation. The term "charitable corporation" shall have the meaning ascribed to such term by section 102 of the not-for-profit corporation law.
b. 1. No later than 120 days after the effective date of this local law, the mayor or a designee thereof shall convene an automated decision systems task force.
2. Such task force and the chair thereof shall be appointed by the mayor or a designee thereof and shall include, but need not be limited to, persons with expertise in the areas of fairness, accountability and transparency relating to automated decision systems and persons affiliated with charitable corporations that represent persons in the city affected by agency automated decision systems, provided that nothing herein shall prohibit the mayor, the designee thereof or the chair from limiting participation in or attendance at meetings of such task force that may involve consideration of information that, if disclosed, would violate local, state or federal law, interfere with a law enforcement investigation or operations, compromise public health or safety or result in the disclosure of proprietary information.
3. No later than 18 months after such task force is established, it shall electronically submit to the mayor and the speaker of the council a report that shall include, at a minimum, recommendations on:
(a) Criteria for identifying which agency automated decision systems should be subject to one or more of the procedures recommended by such task force pursuant to this paragraph;
(b) Development and implementation of a procedure through which a person affected by a decision concerning a rule, policy or action implemented by the city, where such decision was made by or with the assistance of an agency automated decision system, may request and receive an explanation of such decision and the basis therefor;
(c) Development and implementation of a procedure that may be used by the city to determine whether an agency automated decision system disproportionately impacts persons based upon age, race, creed, color, religion, national origin, gender, disability, marital status, partnership status, caregiver status, sexual orientation, alienage or citizenship status;
(d) Development and implementation of a procedure for addressing instances in which a person is harmed by an agency automated decision system if any such system is found to disproportionately impact persons based upon a category described in subparagraph (c);
(e) Development and implementation of a process for making information publicly available that, for each agency automated decision system, will allow the public to meaningfully assess how such system functions and is used by the city, including making technical information about such system publicly available where appropriate; and
(f) The feasibility of the development and implementation of a procedure for archiving agency automated decision systems, data used to determine predictive relationships among data for such systems and input data for such systems, provided that this need not include agency automated decision systems that ceased being used by the city before the effective date of this local law.
4. Such task force shall dissolve 60 days after submission of the report required by paragraph 3.
5. The mayor shall, no later than 10 days after receipt of the report required by paragraph 3, make such report publicly available online through the city's website.
6. Nothing herein shall require compliance with the task force's recommendations or disclosure of any information where such disclosure would violate local, state, or federal law, interfere with a law enforcement investigation or operations, compromise public health or safety, or that would result in the disclosure of proprietary information.
§ 2. This local law takes effect immediately.
L.L. 2018/053
Enactment date: 1/17/2018
Int. No. 1653-B
By Council Members Kallos, Constantinides, Dromm, Mendez and Menchaca
A Local Law to amend the administrative code of the city of New York, in relation to responses to noise complaints
Be it enacted by the Council as follows:
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[Consolidated provisions are not included in this Appendix A]
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§ 9. This local law takes effect 180 days after it becomes law, provided that section three takes effect on the same date that a local law for the year 2017 amending the administrative code of the city of New York relating to public access to noise mitigation plans, as proposed in introduction number 1300-A, takes effect and except that the department of environmental protection may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, prior to such date and further provided that the amendments to section 24-221, 24-223 and 24-228 of title 24 of the administrative code of the city of New York made by sections four, five and eight of this local law that increase or impose new decibel level limits and the amendments to section 24-224 of such code made by section seven of this local law shall not apply to construction sites where construction work is performed pursuant to a permit issued prior to the effective date of sections four, five, seven and eight of this local law or in case of construction by or on behalf of a city agency where construction work is performed under a contract bid out prior to the effective date of sections four, five, seven and eight of this local law.
L.L. 2018/054
Enactment date: 1/19/2018
Int. No. 182-D
By Council Members Torres, Williams, Levine, Mendez, Reynoso, Dromm, Johnson, Palma, Rosenthal, Kallos, Rodriguez, Levin, King, Menchaca, Miller, Cumbo, Ferreras-Copeland, Cornegy, Lancman, Espinal, Eugene, Koslowitz, Cohen, Salamanca, Mealy, Van Bramer, Treyger and Gentile
A Local Law to amend the administrative code of the city of New York, in relation to requiring officers to identify themselves to the public
Be it enacted by the Council as follows:
Section 1. Declaration of legislative intent and findings. The Council finds that the people of the City of New York are in great debt to the hard work and dedication of police officers in their daily duties. The Council further finds that mistrust of law enforcement officers based on allegations of discrimination hinders law enforcement efforts and that greater transparency during encounters with the public would build trust in the work of the police. New York City Police Department policy already requires that officers wear shields and nameplates at all times while in uniform, and that they provide identifying information and offer a contact card when asked. Additionally, when an officer reasonably suspects that a person has committed, is committing or is about to commit a crime, Department policy directs that an officer provide identifying information and the factors that contributed to the officer's suspicion. In adopting this law, it is the intent of the Council to increase transparency in police practices and to build trust between police officers and members of the public by requiring the Department to provide members of the public with officer identification information and notice of the reasons behind their encounters with the police.
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[Consolidated provisions are not included in this Appendix A]
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§ 3. Severability. If any portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this local law, which remaining portions shall continue in full force and effect.
§ 4. This local law takes effect 9 months after it becomes law.
L.L. 2018/056
Enactment date: 1/19/2018
Int. No. 541-C
By Council Members Reynoso, Torres, Williams, Lander, Dromm, Menchaca, Rose, Richards, Palma, Rosenthal, Johnson, Cornegy, Rodriguez, Levin, Chin, Kallos, Levine, Cumbo, Mendez, King, Ferreras-Copeland, Barron, Mealy, Espinal, Lancman, Miller, Salamanca, Eugene, Van Bramer, Gentile, Perkins, Treyger and Adams
A Local Law to amend the administrative code of the city of New York, in relation to requiring the New York police department to develop and provide guidance for its officers on obtaining consent to search individuals
Be it enacted by the Council as follows:
Section 1. Declaration of legislative intent and findings. The Council finds that many New Yorkers are unaware of their constitutional rights when interacting with law enforcement officers. The Council further finds that, according to reports issued by the Civilian Complaint Review Board from 2014-2016, alleged improper searches of persons, vehicles, and homes are a persistent source of civilian complaints related to alleged officer misconduct. Therefore, the Council finds that it is necessary for the Police Department to develop, with input from the community and Council, and provide guidance regarding advising individuals of their right to be secure against unreasonable searches and seizures, as provided by the Fourth Amendment to the United States Constitution, so that searches that are based solely on an individual's consent are predicated on an individual's voluntary, knowing, and intelligent consent. Furthermore, in the event the Department has to develop a procedure to document voluntary, knowing, and intelligent consent to search other than through the use of body-worn cameras, such procedure should be developed with community and Council input.
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[Consolidated provisions are not included in this Appendix A]
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§ 3. Severability. If any portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this local law, which remaining portions shall continue in full force and effect.
§ 4. This local law takes effect 120 days after it becomes law, provided that paragraph 2 of subdivision b of section 14-173 of the administrative code of the city of New York, as added by section 2 of this local law, takes effect 9 months after it becomes law.
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