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L.L. 2016/044
Enactment date: 4/21/2016
Int. No. 704-A
By Council Members Crowley, Mealy, Chin, Gibson, Palma, Rose, Koslowitz, Ferreras-Copeland, Dickens, Mendez, Cumbo, Barron, Rosenthal, Lancman, Cornegy, King, Espinal, Reynoso, Torres, Kallos, Maisel, Wills, Menchaca, Garodnick and Cohen
A Local Law in relation to requiring a survey and study of racial, ethnic and gender diversity among the directors, officers and executive level staff members of city contractors
Be it enacted by the Council as follows:
Section 1. By January 15, 2017, the department of small business services shall create a voluntary survey, to be distributed to and completed by proposed city contractors and subcontractors in conjunction with employment reports pursuant to subdivision e of section 1305 of the New York city charter. That survey shall solicit information regarding the selection and employment practices, policies, and procedures pertaining to the racial, ethnic and gender composition of such entities' directors, officers, and other executive-level staff members and such entities' plans for diversity in leadership. No information submitted to the department through such survey may be the basis for any decision by the city in relation to any contract award or renewal unless otherwise authorized by law.
§ 2. a. By July 1, 2018, the mayor, or such office or agency as the mayor may designate, shall submit to the speaker of the city council and publish on the website of the department of small business services a report analyzing:
1. Racial, ethnic and gender diversity among directors, officers and executive-level staff members of entities holding goods or service contracts with the city;
2. Such entities' plans for improving racial, ethnic and gender diversity in such positions and such entities' efforts to achieve those plans.
b. The report described in subdivision a of this section may be based on data and information from the surveys described in section one of this local law and any other available source. The information generated for or used in preparing such report shall not be the basis for any decision by the city in relation to any contract award or renewal unless otherwise authorized by law. The report shall not name or identify any contracting entity.
§ 3. This local law takes effect immediately.
L.L. 2016/045
Enactment date: 4/21/2016
Int. No. 806-B
By Council Members Ferreras-Copeland, Constantinides, Dickens, Eugene, Gentile, Kallos and Rosenthal (in conjunction with the Mayor)
A Local Law to establish a temporary program to resolve outstanding judgments imposed by the environmental control board
Be it enacted by the Council as follows:
Section 1. Temporary program to resolve outstanding judgments.
a. Definitions. For purposes of this section, the following definitions apply:
"Base penalty" means, with respect to any notice of violation returnable to the environmental control board, the penalty that would be imposed upon a timely admission by the respondent or finding of liability after an adjudication, pursuant to the environmental control board penalty schedule, without regard to reductions of penalty in cases of mitigation or involving stipulations.
"Default decision and order" means a decision and order of the environmental control board, pursuant to subparagraph (d) of paragraph one of subdivision d of section 1049-a of the charter of the city of New York, determining a respondent's liability for a violation charged based upon that respondent's failure to plead within the time allowed by the rules of the environmental control board or failure to appear before the environmental control board on a designated adjudication date or on a subsequent date following an adjournment.
"Default penalty" means, with respect to any notice of violation returnable to the environmental control board, the penalty imposed by the environmental control board, pursuant to subparagraph (d) of paragraph one of subdivision d of section 1049-a of the charter of the city of New York, in an amount up to the maximum amount prescribed by law for the violation charged.
"Environmental control board" means a division of the office of administrative trials and hearings and its tribunal, as described in section 1049-a of the charter of the city of New York.
"Environmental control board penalty schedule" means the schedule of penalties adopted as a rule by the environmental control board in title 48 of the rules of the city of New York, or such predecessor schedule as may have applied on the date of the violation.
"Imposed penalty" means, with respect to any notice of violation returnable to the environmental control board, the penalty imposed by the environmental control board after an adjudication, pursuant to subparagraph (a) of paragraph one of subdivision d of section 1049-a of the charter of the city of New York.
"Judgment" means monies owed to the city of New York as a result of a final order of the environmental control board imposing a civil penalty, either as a result of a default decision and order or after a hearing and finding of violation, that was entered in the civil court of the city of New York or any other place provided for the entry of civil judgments within the state, pursuant to subparagraph (g) of paragraph one of subdivision d of section 1049-a of the charter of the city of New York, no later than ninety days prior to the commencement of the temporary program to resolve outstanding judgments pursuant to subdivision b of this local law and determining a respondent's liability for a violation charged in accordance with the environmental control board penalty schedule.
"Resolve" means, with respect to an outstanding judgment of the environmental control board, to conclude all legal proceedings in connection with a notice of violation.
"Respondent" means a person or entity named as the subject of a notice of violation returnable to, or a judgment issued by, the environmental control board.
b. Temporary program to resolve outstanding judgments. Subject to an appropriate concurring resolution of the environmental control board described in subdivision a of section 1049-a of the charter of the city of New York, and notwithstanding any other provision of law to the contrary, the commissioner of finance shall establish a temporary program to resolve outstanding judgments imposed by the environmental control board, for a ninety day period to be effective during the fiscal year that commences on July first, two thousand sixteen, that permits respondents who are subject to:
1. judgments resulting from a default decision and order to resolve such judgments by payment of base penalties without payment of default penalties and accrued interest; and
2. judgments entered after an adjudication and finding of violation to resolve such judgments by payment of seventy-five percent of the imposed penalties without payment of accrued interest.
c. Resolution of outstanding judgments.
1. A judgment resulting from a default decision and order may not be resolved under the temporary program to resolve outstanding judgments pursuant to paragraph one of subdivision b of this local law unless the base penalty of the violation that is the subject of the default decision and order can be determined from the notice of the violation, default decision and order, and environmental control board penalty schedule alone.
2. A judgment may not be resolved under the temporary program to resolve outstanding judgments pursuant to subdivision b of this local law if the judgment had been the subject of a settlement agreement with the department of finance or the department of law that was executed after the expiration of the temporary default resolution program established by the department of finance pursuant to local law number forty-seven for the year two thousand nine.
3. A judgment arising out of a notice of violation that includes an order requiring the correction of the violation may not be resolved under the temporary program to resolve outstanding judgments pursuant to subdivision b of this local law unless the respondent:
(i) enters into a written agreement with the department of finance providing that the violation shall be corrected within six months from the date of the written agreement;
(ii) pays to the department of finance a deposit equal to twenty-five percent of the amount that would resolve the judgment under the temporary program to resolve outstanding judgments pursuant to subdivision b of this local law;
(iii) demonstrates to the satisfaction of the city agency that issued the notice of violation that the condition cited in the notice of violation has been corrected; and
(iv) pays to the department of finance the balance of the amount that would resolve the judgment, provided that the violation has been corrected within such six month period pursuant to subparagraph (iii) of this paragraph.
4. If a violation that is the subject of a written agreement with the department of finance pursuant to paragraph three of this subdivision is not corrected to the satisfaction of the city agency that issued the notice of violation within the required six month period, judgment in the amount of the default penalty plus accrued interest less the deposit, or judgment in the amount of the imposed penalty plus accrued interest less the deposit, as applicable, shall continue to have full legal effectiveness and enforceability.
d. Conditions for participation in the temporary program to resolve outstanding judgments.
1. A respondent seeking resolution of a judgment resulting from a default decision and order under the temporary program to resolve outstanding judgments pursuant to paragraph one of subdivision b of this local law shall admit liability for the violation that resulted in the default decision and order. A judgment resulting from a default decision and order may not be resolved under the temporary program to resolve outstanding judgments pursuant to paragraph one of subdivision b of this local law if the respondent seeking resolution of the judgment fails or refuses to admit liability.
2. A respondent seeking resolution of a judgment under the temporary program to resolve outstanding judgments pursuant to subdivision b of this local law shall seek resolution of all outstanding judgments against such respondent.
3. A judgment shall not be resolved under the temporary program to resolve outstanding judgments pursuant to subdivision b of this local law if a respondent fails to pay the amounts described in subdivision b of this local law to the department of finance within the three month period of such temporary program.
4. A respondent who is the subject of a criminal investigation relating to the violation that is the subject of the judgment shall not be eligible to participate in the temporary program to resolve outstanding judgments.
5. A resolution of a judgment under the temporary program to resolve outstanding judgments shall constitute a waiver of all legal and factual defenses to liability for the judgment.
e. Certificates of correction. Nothing contained herein shall require a city agency to issue or approve certificates of correction or the equivalent if such city agency does not have a program to do so as of the effective date of this local law.
f. Duration of program. The duration of the program shall be ninety days. After the program has concluded, any judgment that remains outstanding and has not been resolved by this program shall continue to have full legal effectiveness and enforceability regardless of whether it could have been resolved under this program.
g. Authority to resolve a judgment resulting from a default decision and order. Notwithstanding any law to the contrary, for three years following the conclusion of the temporary program to resolve outstanding judgments pursuant to subdivision b of this local law, the department of finance, when acting pursuant to a delegation from the environmental control board, shall not resolve any judgment resulting from a default decision and order that had been eligible for resolution pursuant to such temporary program by accepting payment of any amount that is less than half the default penalty and the accrued interest on such recalculated default penalty.
h. Notification of public. The commissioner of finance shall publicize the temporary program to resolve outstanding judgments so as to maximize public awareness of and participation in such program.
§ 2. This local law shall take effect immediately.
L.L. 2016/053
Enactment date: 4/21/2016
Int. No. 1109-B
By Council Members Johnson, Garodnick, Lander, Rodriguez, Torres, Chin and Cohen
A Local Law to amend the administrative code of the city of New York, in relation to pedestrian plazas
Be it enacted by the Council as follows:
Section 1. Declaration of legislative intent and findings.
a. The Council finds and declares that as public amenities, pedestrian plazas enhance quality of life in New York City and help to attract tourism by providing a place for community gathering, entertainment, and cultural events, recreation, and active and passive enjoyment of the unique urban spaces in this City. However, there is a need to coordinate the wide variety of sometimes conflicting civic and commercial uses of these finite spaces, as well as to create an ambiance that helps enrich local communities and attract tourists, who are vital to the City's economy and foster economic development. Among other concerns, some pedestrian plazas face high levels of pedestrian congestion and/or activity that interfere with residents' and tourists' ability to enjoy these spaces and their unique qualities.
b. The Council finds that it is necessary and appropriate to confer authority on the New York City Department of Transportation to promulgate reasonable time, place, and manner regulations governing pedestrian plazas in order to manage the competing uses of finite public space. Given the wide diversity of pedestrian plazas, this law will allow the Department to draft both uniform pedestrian plaza rules and rules appropriately tailored to individual pedestrian plazas and the communities they serve. Further, it is necessary and appropriate to authorize the Department of Transportation to designate and remove the designation of plazas, with all existing plazas grandfathered in, and for an agency or office designated by the Mayor to promulgate rules establishing a process for the issuance of permits for events within pedestrian plazas and pertaining to the management of pedestrian plaza operations during events.
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[Consolidated provisions are not included in this Appendix A]
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§ 3. This local law takes effect 60 days after it becomes law, except that subdivision d of section 19-157, as added by section two of this local law, takes effect 120 days after it becomes law, and the commissioner of transportation and any agency or office designated by the mayor pursuant to subdivision d of section 19-157, as added by section two of this local law, shall take all actions necessary for its implementation, including the promulgation of rules, prior to such effective dates.
L.L. 2016/054
Enactment date: 5/10/2016
Int. No. 448-A
By Council Members Maisel, Treyger, Constantinides, Gentile, Rodriguez, Dickens, Deutsch, Koslowitz, Richards, Cohen, Levin, Vallone, Kallos and Ulrich
A Local Law to amend the administrative code of the city of New York, in relation to civil and criminal penalties for building code violations resulting from certain work done in response to a natural or man-made disaster
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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§ 3. The commissioner of buildings may refund or waive any penalties or fines paid or imposed after October 29, 2012 and before the effective date of this local law for any violation that would have been subject to exception 3 of section 28-202.1 of the administrative code of the city of New York or exception 3 of section 28-203.1 of such code, as added by section one and section two of this local law, if such exceptions had been in effect during such period.
§ 4. This local law takes effect 90 days after it becomes law.
L.L. 2016/059
Enactment date: 5/10/2016
Int. No. 1037-A
By Council Members Treyger, Gentile, Koo, Mealy, Mendez, Rodriguez, Rose, Deutsch, Dickens, Koslowitz, Reynoso, Richards, Cohen, Levin, Vallone, Kallos, Greenfield and Ulrich
A Local Law to amend the administrative code of the city of New York, in relation to violations received after a disaster
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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§ 4. The commissioner of buildings may refund or waive any penalties or fines paid or imposed after October 29, 2012 and before the effective date of this local law for any violation that would have been subject to exception 1 or 2 of section 28-202.1 of the administrative code of the city of New York or exception 1 or 2 of section 28-203.1 of such code, as added by section one and section two of this local law, if such exceptions had been in effect during such period.
§ 5. The commissioner of sanitation may refund or waive any penalties or fines, paid or imposed, after October 29, 2012 and before the effective date of this local law for any violation that would have been subject to subdivision b or c of section 16-142 of the administrative code of the city of New York, as added by section three of this local law, if such section had been in effect during such period.
§ 6. This local law takes effect 90 days after it becomes law.
L.L. 2016/068
Enactment date: 6/13/2016
Int. No. 639-B
By Council Members Williams, Torres, Lancman, Johnson, Wills, Gibson, Chin, Mendez, Rose, Rodriguez, Rosenthal, Menchaca, Cohen, Dromm, the Speaker (Council Member Mark-Viverito), Levine, Cumbo, Levin, Richards, Palma, Garodnick, Eugene and Lander
A Local Law to amend the administrative code of the city of New York, in relation to requiring the police department to submit quarterly reports relating to the issuance of summonses
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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§ 2. This local law takes effect immediately, provided that the first quarterly report pursuant to section 1 is due within 30 days of the quarter beginning October 1, 2017.
L.L. 2016/069
Enactment date: 6/13/2016
Int. No. 662-A
By Council Members Levine, Dromm, Chin, Cohen, Gibson, Rose, Williams, Wills, Rodriguez, Rosenthal, Kallos, Torres, the Speaker (Council Member Mark-Viverito), Cumbo, Levin, Richards, Palma, Garodnick, Eugene and Lander
A Local Law to amend the administrative code of the city of New York, in relation to requiring the police department to submit quarterly reports relating to the issuance of desk appearance tickets
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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§ 2. This local law takes effect immediately, provided that the first quarterly report pursuant to section 1 is due within 30 days of the quarter beginning July 1, 2016.
L.L. 2016/070
Enactment date: 6/13/2016
Int. No. 1056-A
By the Speaker (Council Member Mark-Viverito) and Council Members Rosenthal, Torres, Williams, Gibson, Levine, Cumbo, Rodriguez, Levin, Richards, Palma, Garodnick, Eugene and Lander
A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to penalties for violating park rules
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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§ 4. Sections 1 and 3 of this local law take effect one year after they become law and apply to proceedings for enforcement of section 533 of the charter commenced on and after such date. Section 2 of this local law takes effect 30 days after it becomes law and expires and is deemed repealed one year after it becomes law, and applies to proceedings for enforcement of section 533 of the charter commenced 30 days after it becomes law.
L.L. 2016/071
Enactment date: 6/13/2016
Int. No. 1057-A
By the Speaker (Council Member Mark-Viverito) and Council Members Rosenthal, Torres, Gibson, Levine, Cumbo, Rodriguez, Levin, Richards, Williams, Palma, Garodnick, Eugene, Wills and Lander
A Local Law to amend the administrative code of the city of New York, in relation to the enforcement of criminal and civil offenses
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 immediately, except that paragraph 5 of subdivision a of section 14-150 of the administrative code, as amended by section 6 of this local law, subdivision b of section 14-152 of the administrative code, as amended by section 7 of this local law, and section 14-155 of the administrative code, as added by section 8 of this local law, take effect 1 year after such sections become law, provided that paragraph 5 of subdivision a of section 14-150 of the administrative code, as amended by section 4 of this local law, and subdivision b of section 14-152 of the administrative code, as amended by section 5 of this local law, are deemed repealed 1 year after this local law takes effect.
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