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a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
Coordinating agency. The term "coordinating agency" means the agency designated by the mayor to coordinate and oversee implementation of the requirements of this section.
Geographic area. The term "geographic area" means an area no larger than a community district.
Quality of life condition. The term "quality of life condition" means a condition that has an adverse effect on the quality of life for residents and visitors in a geographic area, including but not limited to a condition involving sanitation, transportation, social services, public health, or public safety, as determined by the coordinating agency.
b. Commencing September 1, 2016, and on or before September 1 annually thereafter, the coordinating agency shall review requests from council members, community boards, business improvement districts, and any other sources as determined by the coordinating agency, and develop a priority list of no less than three geographic areas that the coordinating agency deems would benefit from inter-agency collaboration to address and improve quality of life conditions in such areas. The coordinating agency shall create and execute plans in coordination with the appropriate agencies to address the quality of life conditions in such geographic areas, which shall include but not be limited to visits to such areas and community meetings, provided that such plans in no way restrict any power or authority granted by law to a city agency or officer or employee of any city agency. On March 1, 2017, and annually thereafter, the coordinating agency shall report to the council and make publicly available online a written description of the implementation of such plans.
(L.L. 2016/102, 8/31/2016, eff. 8/31/2016; Am. L.L. 2017/089, 5/30/2017, eff. 5/30/2017)
a. As used in this section:
Administering agency. The term "administering agency" means the offices or agencies designated by the mayor, pursuant to subdivision g of this section, to administer and enforce the provisions of this section.
Covered business. The term "covered business" means any sole proprietorship, partnership, association, joint venture, corporation or other form of business organization which opens its facilities to the general public for the sale and purchase of goods or services.
Multi-line telephone system. The term "multi-line telephone system" means a system accessible to the general public comprised of common control units, telephone sets, control hardware and software and adjunct systems which enables users to make and receive telephone calls using shared resources such as telephone network trunks or data link bandwidth. The term "multi-line telephone system" includes, but is not limited to, (i) network-based and premises-based systems, such as centrex services, (ii) premises-based, hosted and cloud-based voice over internet protocols, (iii) private branch exchanges, (iv) key telephone systems, and (v) hybrid key telephone systems.
b. Each multi-line telephone system installed for operation by a covered business or the city on or after the effective date of the local law that added this section shall be configured to allow a person initiating a 911 call on such system to directly access 911 service by dialing the digits 911 without any additional code, digit, prefix, postfix or trunk-access code.
c. By May 1, 2019, each existing multi-line telephone system operated by a covered business or the city shall be configured to allow a person initiating a 911 call on such system to directly access 911 service by dialing the digits 911 without any additional code, digit, prefix, postfix or trunk-access code.
d. Each (i) multi-line telephone system installed for operation by a covered business or the city on or after the effective date of the local law that added this section, and (ii) by May 1, 2019, each existing multi-line telephone system operated by a covered business or the city shall be configured to provide, to a centralized location on such system, notification of any 911 call made on such system.
e. Prior to configuration or in the course of investigation under subdivision f of this section, a covered business or the city may schedule and conduct a test call for their multi-line telephone system to ensure such system can directly access 911 service by dialing the digits 911 without any additional code, digit, prefix, postfix or trunk-access code. Any such test call must be scheduled with and conducted in conjunction with the police department.
f. 1. Upon receipt of a complaint alleging that a covered business has failed to comply with this section or rules promulgated thereunder, the administering agency shall investigate such allegation.
2. Upon substantiating such allegation, such agency shall issue a notice of violation, in a form and manner established by such agency, to such covered business. In addition to any other information prescribed by such agency, such notice shall state that, if within 30 days after issuance of such notice, the condition giving rise to such violation is corrected and such covered business files with such agency, in a form and manner established by such agency, a certification that such condition has been corrected, then such covered business shall not be subject to a civil penalty for such violation.
3. If such covered business fails to correct such condition within 30 days after issuance of such notice or fails to file with the administering agency a certification in accordance with paragraph 2 of this subdivision, such covered business shall be subject to a civil penalty of not less than $250 for the first violation and not less than $500 for each subsequent violation, provided that:
(a) Such covered business shall not be subject to a civil penalty for such violation if (i) such covered business establishes that the requirements of such subdivision would be unduly and unreasonably costly for such covered business to comply with and (ii) such covered business identifies the manufacturer and model number of the multi-line telephone system that needs to be reprogrammed or replaced and establishes that such covered business made a good faith attempt to reprogram or replace the system; and
(b) No covered business shall be subject to more than one violation for the same multi-line telephone system in any 10-day period.
4. The administering agency may recover such penalties in an action in any court of appropriate jurisdiction or in a proceeding before an authorized tribunal of the office of administrative trials and hearings.
g. The mayor shall, in writing, designate one or more offices or agencies to administer and enforce the provisions of this section and may, from time to time at the mayor's discretion, change such designation. Within 10 days after such designation or change thereof, a copy of such designation or change thereof shall be published on the city's website and on the website of each such office or agency, and shall be electronically submitted to the speaker of the council.
(L.L. 2017/089, 5/30/2017, eff. 5/30/2017)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Security guard. The term "security guard" means a person as defined by subdivision 6 of section 89-f of the general business law.
Security guard company. The term "security guard company" means a company licensed to provide security guards under contract to other entities pursuant to article 7 of the general business law.
b. Digital video surveillance cameras. a. The owner of an eating or drinking establishment that (i) operates pursuant to a permitted use under use group 12, section 32-21 of the zoning resolution, as indicated in such establishment's certificate of occupancy or place of assembly certificate of operation; and (ii) is required to have a license to sell liquor at retail pursuant to the alcohol beverage control law, shall equip all entrances and exits used by patrons with digital video surveillance cameras that comply with the following provisions:
1. The video surveillance cameras shall be digital in nature and shall be of sufficient number, type, placement and location to view and record all activity in front of and within 15 feet of either side of each entrance or exit;
2. The video surveillance cameras shall be sufficiently light sensitive and provide sufficient image resolution (supported by additional lighting if necessary) to produce easily discernible images recorded at all times;
3. The video surveillance cameras shall record at a minimum speed of fifteen frames per second;
4. The video surveillance camera images shall be capable of being viewed through use of appropriate technology, including but not limited to a computer screen or closed circuit television monitor;
5. The video surveillance camera or the system affiliated with such camera shall be capable of transferring the recorded images to a portable form of media, including but not limited to compact disc, digital video disc, universal serial bus, secure digital card or portable hard drive;
6. The video surveillance cameras shall not have an audio capability;
7. The video surveillance cameras shall be maintained in good working condition;
8. The video surveillance cameras shall be in operation and recording continuously during all hours of operation and for two hours after such establishment closes;
9. The recordings made by video surveillance cameras installed and maintained pursuant to this section shall be indexed by dates and times and preserved for a minimum of 30 days so that they may be made available to the police department and other government agencies acting in furtherance of a criminal investigation or a civil or administrative law enforcement purpose;
10. All recordings made by video surveillance cameras installed and maintained pursuant to this section while in the possession of such establishment shall be stored in a locked receptacle located in a controlled access area or, if such video recordings are in digital format, in a password-protected digital storage, to which only authorized personnel have access, or shall otherwise be secured so that only authorized personnel may access such video recordings. All personnel authorized to access such video recordings must certify in writing that they have been informed on the appropriate use and retention of recordings as set forth in this section, and on the legal issues associated with video surveillance and the use and retention of recordings. Such establishment shall keep a log of all instances of requests for, access to, dissemination and use of, recorded materials made by video surveillance cameras installed and maintained pursuant to this section; and
11. Signage shall be posted to notify the public of the use of video surveillance equipment so that the public has sufficient warning that surveillance is in operation.
c. Security guards.
1. An eating or drinking establishment that (i) operates pursuant to a permitted use under use group 12, section 32-21 of the zoning resolution, as indicated in such establishment's certificate of occupancy or place of assembly certificate of operation; (ii) is required to have a license to sell liquor at retail pursuant to the alcohol beverage control law; and (iii) employs or retains the services of one or more security guards or a security guard company, shall maintain and make available during all hours of operation, proof that each such security guard is registered pursuant to article 7-A of the general business law or that such security guard company is licensed pursuant to article 7 of the general business law.
2. Such establishment shall maintain a roster of all security guards working at any given time when such establishment is open to the public, and shall require each security guard to maintain on his or her person proof of registration at all times when on the premises.
3. There shall be a rebuttable presumption that a person employed or whose services are retained at such establishment whose job functions include (i) the monitoring or guarding of the entrance or exit of such nightclub to manage ingress and egress to such establishment for security purposes during the hours of operation of such establishment and/or (ii) protection of such establishment from disorderly or other unlawful conduct by such patrons is a security guard, provided, however, that such rebuttable presumption shall not apply to the owner of such establishment.
4. Any violation of this subdivision may be reported to the state liquor authority.
d. Exemptions. This section does not apply to:
1. Premises owned, occupied and used exclusively by a membership corporation, club, society or association, provided such membership corporation, club, society or association was in actual existence prior to January 1, 1926.
2. Premises owned, occupied and used exclusively by a religious, charitable, eleemosynary or educational corporation or institution.
3. Premises licensed pursuant to subchapters one and three of chapter two of title 20.
e. An eating or drinking establishment that is required to comply with subdivisions b and c of this section shall make available to the police department, upon request, such establishment's certificate of occupancy or place of assembly certificate of operation.
f. Penalties. Any violation of this section shall be subject to a civil penalty of not more than $1,000 for each such violation, except that the use or dissemination of recordings made by video surveillance cameras installed and maintained pursuant to subdivision b of this section in violation of the penal law or section 50 of the civil rights law shall result in a civil penalty of not less than $5,000 nor more than $50,000.
(L.L. 2017/214, 11/27/2017, eff. 3/27/2018)
a. Definitions. As used in this section, the following terms have the following meanings:
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.
Immigration enforcement. The term "immigration enforcement" means the enforcement of any civil provision of the immigration and nationality act and any provision of such law that penalizes a person's presence in, entry into, or reentry into the United States.
b. No agency shall subject its officers or employees to the direction and supervision of the secretary of homeland security primarily in furtherance of immigration enforcement.
c. 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 immigration enforcement.
d. Whenever any city officer or employee receives a request from a non-local law enforcement agency for the city to provide support or assistance intended to further immigration enforcement, such officer or employee's agency shall make a record relating to such request, including any response or actions taken in response. An office of the mayor, or an agency the head of which is appointed by the mayor, shall be designated by the mayor to submit to the speaker of the council a quarterly report containing an anonymized compilation or summary of such requests and actions taken in response, disaggregated by the requesting non-local law enforcement agency and the agency receiving such a request; provided, however, disclosure of any such information shall not be required if: (i) such disclosure would interfere with law enforcement investigations or (ii) such disclosure is related to actions taken pursuant to clause (i) of subdivision e of this section and would compromise public safety. Such report shall not be required to include information contained in reports required pursuant to section 9-131, 9-205, or 14-154.
e. Nothing in this section shall prohibit city officers and employees from performing their duties in accordance with state and local law by, including, but not limited to: (i) participating in cooperative arrangements with city, state, or federal law enforcement agencies that are not primarily intended to further immigration enforcement or utilizing city resources in connection with such cooperative arrangements and (ii) taking actions consistent with sections 9-205, 9-131, and 14-154. In addition, nothing in this section shall prevent any city officer or employee from complying with federal law or restrict their discretion to take any action if such restriction is prohibited by federal law.
(L.L. 2017/228, 12/1/2017, eff. 1/30/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/228.
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)
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