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a. Definitions. For purposes of this section, the following terms shall have the following meanings:
1. "Essential goods or services" shall mean those goods or services provided by utilities, government or private entities or personnel that are necessary to sustain or safeguard a person or property and without which a person or property is vulnerable to harm or damage. Such term shall include, but not be limited to, electricity, heat or gas service; mass transportation; telecommunications; fire-fighting, police, armed-forces, emergency medical, or hospital service; the availability of sufficient and appropriate food and clothing; temperate, sanitary, and safe shelter; potable water; and fuel.
2. "Local state of emergency" shall mean the period of time during which a proclamation issued by the mayor, declaring a local state of emergency pursuant to executive law section twenty-four, is in effect.
3. "Mandatory evacuation period" shall mean the period of time during which the occupancy and use of buildings and homes is prohibited for public safety purposes in response to a natural or man-made disaster, as determined by the mayor pursuant to section twenty-four of the executive law, and as declared by the mayor in an executive order during the pendency of a local state of emergency.
4. "Mandatory evacuation zone" shall mean any area where the occupancy and use of buildings and dwellings is prohibited for public safety purposes in response to a natural or man-made disaster as determined by the mayor pursuant to section twenty-four of the executive law, and as declared by the mayor in an executive order during the pendency of a local state of emergency.
b. Prohibited acts. During a local state of emergency, in a mandatory evacuation zone for the duration of a mandatory evacuation period, or when the conduct described below occurs during the reduction or loss of essential goods or services as a result of such emergency, it shall be unlawful for any person to:
(1) intentionally or recklessly cause, or create a material risk of, physical injury to a person;
(2) intentionally or recklessly damage, create material risk of damage to, or wrongfully deprive another person of property;
(3) knowingly enter or remain unlawfully in a building or upon real property of another person;
(4) intentionally or recklessly impede, or cause a material risk of impeding, response to the circumstances of the emergency by any governmental agency, officer or employee; or
(5) impersonate another with the intent to obtain a benefit, or to injure or defraud a person; provided, however, that such conduct shall also constitute a violation of this section if it occurs after the period of a local state of emergency where such conduct is related to circumstances surrounding or arising out of the emergency.
c. Affirmative defense. In any prosecution under this section, it is an affirmative defense that the defendant's conduct constituted reasonable action taken as a result of or in response to the emergency.
d. Penalties. Any person who violates subdivision b of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than six months and a fine of not more than two thousand five hundred dollars, or a civil penalty of not less than one thousand dollars and not more than five thousand dollars, or both; provided, however, that if the person harmed or the real or personal property affected is located in a mandatory evacuation zone and such violation occurs during a mandatory evacuation period, then the perpetrator of such act shall be guilty of a misdemeanor punishable by imprisonment of not more than one year and a fine of not more than five thousand dollars, or a civil penalty of not less than five thousand dollars and not more than ten thousand dollars, or both.
e. Each violation of subdivision b of this section shall be deemed a separate offense for which a separate criminal fine or civil penalty may be imposed. Penalties imposed pursuant to this section shall not be deemed to limit or preclude any remedy, penalty, or cause of action available under any other law.
f. It shall not constitute a defense to an enforcement action taken pursuant to this section that the real or personal property entered, damaged, or taken has been previously damaged under the circumstances of or in connection with the events associated with the declaration of a local state of emergency.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/030.
Editor's note: this section has been amended by L.L. 2025/004, 1/13/2025, eff. 7/1/2025.
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
"Administering agency" means one or more agencies designated by the mayor to administer the program or components thereof established by this section. The department of education, with its concurrence, may be designated as an administering agency. The city and such department may enter into an agreement in furtherance of the implementation of this section.
"Allowable costs" means (i) security guard wages equal to the prevailing wage and supplements, subject to provisions of this section governing the reimbursement of such costs, and (ii) reasonable costs, as established by rules promulgated by the administering agency, paid by qualifying nonpublic schools to security guard companies. "Allowable costs" shall include the cost of training that may be required pursuant to this section, but only to the extent that such training is not otherwise required by article 7-A of the general business law or any other federal, state, or local law or regulation, and shall not include any costs for overtime that are greater than fifteen percent of the non-overtime security wages reimbursed to a qualifying nonpublic school.
"City" means the city of New York.
"Prevailing wage and supplements" means the rate of wage and supplemental benefits per hour paid in the city to unarmed security guards as determined by the comptroller in accordance with section 234 of the labor law.
"Qualifying nonpublic school" means any nonprofit elementary or secondary school in the city, other than a public school, which is providing instruction in accordance with the education law, has been assigned a Basic Educational Data System (BEDS) code by the New York state department of education, or a similar successor identifier, and is serving students in any combination of grades pre-kindergarten through twelve.
"Qualified provider list" means a list of security guard companies that meet standards established by the administering agency to provide security services to nonpublic schools, which may include, but shall not be limited to, performance, training and other qualification standards.
"Security guard" means an unarmed individual with a current and valid registration card issued in accordance with article 7-A of the general business law, authorizing such individual to perform security services in New York.
"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.
"Security services" means the unarmed protection of individuals and/or property from harm or other unlawful activity, as well as, prevention, deterrence, observation, detection and/or reporting to government agencies of unlawful activity or conditions that present a risk to the safety of students, staff or the public.
b. Nonpublic school security guard reimbursement program. The mayor may authorize a program to reimburse qualifying nonpublic schools for the cost of security services as set forth in this section upon determining that such program would enhance public safety, in which case the remaining provisions of this section shall be applicable.
c. The mayor shall designate an administering agency to administer the program.
d. The administering agency shall establish a qualified provider list. Such list may be developed based upon standards to be promulgated by rule, or may be developed through a procurement to be conducted by such agency.
e. Upon request of a qualifying nonpublic school, the administering agency shall reimburse such qualifying nonpublic school for the allowable costs of a security guard to provide security services at such school at all times that such school is open for school-related instruction or school-related events, including, but not limited to, school-related after school programs and athletic events.
f. Except as set forth in subdivision g of this section, the administering agency shall provide reimbursement of the allowable costs for:
1. one security guard at a qualifying nonpublic school that enrolls from 300 to 499 students;
2. two security guards at a qualifying nonpublic school that enrolls at least 500 students; and
3. an additional security guard at a qualifying nonpublic school for each additional 500 students enrolled.
For purposes of this subdivision, students with respect to whom the city separately provides assistance that includes funding for security shall not be included in the reimbursement determination, and reimbursement for the services of one security guard during periods of school-related instruction or school-related events may include the costs of different individuals providing security services at different times. Further, the term "student" shall be deemed to refer to the full-time equivalent thereof, based upon a six hour and twenty-minute school day for a student.
g. Notwithstanding the provisions of subdivisions e and f, a qualifying nonpublic school shall not be eligible to receive reimbursement from the administering agency unless:
1. such request is made in a form and manner prescribed by the administering agency;
2. each such security guard is employed by a security guard company on the qualified provider list, provided that if such list has not been established by the administering agency or the list contains fewer than three security guard companies, then each such security guard must be employed by a security guard company;
3. each such security guard is paid no less than the prevailing wage and supplements;
4. each such security guard provides security services and no other services;
5. each such security guard and security guard company has been employed or retained in compliance with applicable labor and employment laws;
6. the nonpublic school, acting in coordination with the security guard or security guard company, reports criminal and other significant public safety-related incidents to the police department or other appropriate government agency promptly after such incidents occur and in annual summary reports, in accordance with rules promulgated by the administering agency; and
7. the nonpublic school complies with rules promulgated by the administering agency.
h. The administering agency shall provide reimbursement of allowable costs on a quarterly basis after receiving satisfactory proof from the qualified nonpublic school of compliance with the requirements for reimbursement set forth in this section.
i. The reimbursement authorized by this section shall not interfere with any rights a security guard has pursuant to any collective bargaining agreement.
j. Notwithstanding any provision to the contrary in this local law, the total annual amount of reimbursements authorized by this section shall be a maximum of $19,800,000 dollars per school year, which shall be adjusted annually by the administering agency, if such agency anticipates that such maximum will be reached in the subsequent one-year period, to reflect changes in the prevailing wage and supplements, the number of students attending qualifying nonpublic schools, or the number of qualifying nonpublic schools, provided that such reimbursements shall in no event exceed the amounts appropriated for implementation of this section. To the extent the administering agency anticipates that the amount requested for reimbursement will exceed the funds available, the administering agency shall reimburse for allowable costs on an equitable basis until such funds are exhausted.
k. Nothing in this section shall prohibit a qualifying nonpublic school from paying a wage to a security guard greater than that for which it receives reimbursement pursuant to this section.
l. The provision of reimbursement to a qualifying nonpublic school for allowable costs of a security guard pursuant to this section shall not make the city of New York or any administering agency the employer of such security guard, and such school shall be solely responsible for withholding and payment of any taxes and other government required payments. Further, nothing in this section shall be construed to relieve any qualifying nonpublic school of responsibility for all other elements of security that may be required or appropriate and are not funded pursuant to this section.
m. The administering agency may promulgate any rules as may be necessary for the purposes of carrying out the provisions of this section, including, but not limited to, rules (i) relating to the training of security guards, (ii) ensuring that security guards and security guard companies are appropriately qualified to provide security services to qualifying nonpublic schools, and (iii) providing for prompt reporting of criminal and other significant public safety-related incidents to the police department or other appropriate government agency as well as annual summary reports of such incidents.
(L.L. 2016/002, 1/5/2016, eff. 4/1/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/002.
Notwithstanding any inconsistent provision of law, the civil penalty for the violation of 56 RCNY § 1-05(f)(1), or any successor rule of the department of parks and recreation that prohibits or restricts the consumption or possession with intent to consume an open container of alcohol, shall be no greater than the civil penalties established by section 10-125 of the code.
(L.L. 2016/074, 6/13/2016, eff. 3/13/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/074.
a. As used in this section, the following terms have the following meanings:
Commissioner. The term "commissioner" means the commissioner of information technology and telecommunications.
Deaf and hard of hearing community. The term “deaf and hard of hearing community” means persons who are deaf, hard of hearing, or deaf-blind, and persons who are deaf plus.
Next Generation 911. The term "next generation 911" means an internet protocol based system that allows digital information, including voice, photos, videos, and text messages, to be transmitted from the public to emergency responders in accordance with any national 911 program standards or guidelines applicable pursuant to federal or state law.
Person who is deaf plus. The term “person who is deaf plus” means a natural person who is deaf or hard of hearing and has no less than 1 additional disability.
b. By no later than 6 months after the end of each fiscal year, the commissioner, in consultation with the police commissioner and fire commissioner, shall issue to the mayor and the speaker of the council, and make publicly available online, a report on the implementation of next generation 911 within the 911 emergency assistance system. Such report shall contain (i) a description of the current implementation plan, including planned next steps, (ii) a description of steps taken towards implementation since the prior report, (iii) a description of the feasibility of implementing a 911 text message transmission capability before full implementation of next generation 911, (iv) a description of any efforts to hire or retain an expert on accessibility for the deaf and hard of hearing community to assess the requirements for implementation of next generation 911, (v) information on the qualifications of any such experts hired or retained to assess such requirements, (vi) a description of any plans for informing the deaf and hard of hearing community on the availability of next generation 911, including 911 text message transmission capability, following implementation of next generation 911, and (vii) any other information the commissioner deems relevant.
c. Upon determining that next generation 911 has been fully implemented or that no further implementation will occur, the commissioner shall issue to the mayor and the council, and make publicly available online, a final report under subdivision b of this section and no further reports shall be required. Such final report shall include a conspicuous statement that it is a final report pursuant to this subdivision.
(L.L. 2016/078, 6/28/2016, eff. 6/28/2016; Am. L.L. 2017/089, 5/30/2017, eff. 5/30/2017; Am. L.L. 2025/022, 3/15/2025, eff. 3/15/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/078.
a. Definitions. As used in this section:
Covered employee. The term “covered employee” means an employee of the city who is authorized to issue a notice of violation on behalf of the city, other than an employee of the police department, a firefighter, or a fire marshal.
Business card. The term “business card” means a pre-printed or handwritten paper containing a covered employee’s identifying information.
Electronic business card. The term “electronic business card” means a digital file or link to a website containing a covered employee’s identifying information.
Identifying information. The term “identifying information” means a covered employee’s name and agency, and a telephone number and e-mail address that can be used to communicate with the agency.
Notice of violation. The term “notice of violation” shall have the same meaning as the definition contained in section 1-112 of this code.
b. Whenever a covered employee, acting in their official capacity, questions a natural person, such covered employee shall respond to a request for identifying information from such person with any of the following forms of identification:
1. A business card;
2. An electronic business card; or
3. Verbal provision of identifying information to such natural person, allowing such person sufficient time to record such information; provided that this form is utilized only when such covered employee is unable to provide such information in any of the other forms authorized by this subdivision or such person is unable to access an electronic business card.
c. Any business card or electronic business card used by a covered employee to comply with this section shall, in addition to identifying information, include a phone number and digital contact information, if applicable, for the agency to receive comments or the 311 customer service center and an indication that such phone number and contact information may be used to submit comments about the encounter between such covered employee and such person.
d. Each agency that employs covered employees shall ensure that covered employees have adequate information and support necessary to comply with subdivision b of this section.
e. A covered employee shall not be required to comply with subdivision b of this section where:
1. Such covered employee is engaged in an agency-approved undercover activity or operation;
2. Exigent circumstances require immediate action by such employee; or
3. Such identifying information has been made available to the natural person who requested such information through a certificate of inspection, notice of violation, formal warning, request for corrective action, or similar communication.
f. Nothing in this section or in the implementation thereof shall be construed to:
1. Restrict or limit any activity or proceeding regulated by the criminal procedure law or any other state law; or
2. Create a private right of action on the part of any persons or entity against the city of New York, any agency or any official or employee thereof.
(L.L. 2023/141, 10/29/2023, eff. 4/26/2024)
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