L.L. 2009/010

Enactment date: 2/11/2009

Int. No. 837

By Council Members Jackson, Martinez, Gerson, Liu, Mendez, Felder, Weprin, Gioia, Gentile, Sears, Seabrook, Vallone Jr., Yassky, Gonzalez, Avella, White Jr., Nelson, De Blasio, Recchia Jr., Barron, Vacca, Stewart, James, Palma, Rivera, Lappin, Dickens, Fidler, Mealy, Katz, Sanders Jr., Gennaro, Mark-Viverito, Eugene, Comrie, Baez, Reyna, Garodnick, Oddo, Ignizio, and the Speaker (Council Member Quinn)

A Local Law to amend the administrative code of the city of New York, in relation to the residency requirement for city employees.

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

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§ 3. The amendments to the administrative code enacted by this local law shall not be construed to affect administrative or judicial actions taken to enforce the residency requirements in effect prior to the effective date of this local law, or to supersede, alter or affect any provision of the public officers law requiring that a person appointed to a position in city service be a resident. In addition, such amendments shall not be construed to require the termination of any certification issued by the commissioner of citywide administrative services pursuant to subdivision a of section 12-121 of such code, as such subdivision was in effect prior to the effective date of this local law, or to require the recertification of any positions so certified prior to such effective date.

§ 4. This local law shall take effect immediately.

L.L. 2009/014

Enactment date: 3/18/2009

Int. No. 57-A

By Council Members Brewer, the Speaker (Council Member Quinn), Foster, Gentile, Gerson, Gonzalez, James, Mark-Viverito, Martinez, Mendez, Nelson, Palma, Sanders Jr., Weprin, White Jr., Koppell, Liu, Recchia Jr., Sears, Vallone Jr., Garodnick, Jackson, Avella, Arroyo, Dickens, Mealy, Lappin, Stewart, Rivera and Gennaro

A Local Law in relation to the creation of a Bed Bug Advisory Board.

Be it enacted by the Council as follows:

Section 1. Legislative findings and declaration. Sometimes referred to as "red coats," "chinches," or "mahogany flats," bed bugs, Cimex lectularius Linnaeus, are blood-feeding parasites of humans, chickens, bats and occasionally domesticated animals. Bed bugs are wingless and spread from infested to non-infested areas through the transportation of clothing, luggage, furniture and bedding. In the early stages of infestation, bed bugs are found mainly in the tufts, seems and folds of the mattress and bed covers. However, they later spread to cracks and crevices in the bedsteads.

According to the Department of Health and Mental Hygiene ("DOHMH"), bed bugs often seek refuge in bedding during the day and feed on occupants at night. Bed bugs feed primarily on humans by piercing the skin as people sleep. Although bed bugs are not generally considered human disease carriers, they inject a fluid to assist in drawing blood, which causes a welt that becomes irritated, inflamed and uncomfortable. After feeding, bed bugs crawl back into hiding, where they may remain for 80 to 140 days before returning to feed.

Bed bug infestations diminished substantially after the development and use of modern insecticides, such as DDT. However, pest management professionals have noticed a marked increase in bed-bug related complaints since 1995. Experts believe this may be related to the increased number of people traveling and returning from abroad with these insects hiding in their suitcases and clothing.

According to the DOHMH, the use of appropriate pesticides and the thorough cleaning of all bedding with water at extremely high temperature may help reduce the chance of infestation. However, even with professional extermination, a bed bug problem may be impossible to eliminate. If even one adult female bed bug survives, the area may quickly become infested again as the adult female lays one to five eggs every day and each egg takes only 17 to 28 days to hatch.

The Council finds that the Cimex lectularius population is ubiquitous and affects the quality of life of residents throughout the City. Based on this finding, the Council determines that it is necessary to create an advisory board to study this issue further and draft concrete recommendations for the most effective methods for treating and preventing bed bug infestations in New York City.

§ 2. Bed Bug Advisory Board.

   a.   There shall be an advisory board to study health concerns associated with cimex lectularius, commonly referred to as the bed bug, and to make specific recommendations to the mayor and council for the prevention and treatment of bed bug infestations throughout the city.

   b.   Such advisory board shall consist of ten members as follows:

      i.   Three members shall be appointed by the mayor, provided that at least one such member shall be from the pest management industry and shall have experience in bed bug control and/or extermination and at least one member shall have advanced specialized training in and knowledge of entomology;

      ii.   Two members shall be appointed by the speaker of the council, provided that at least one such member shall have a background in community health;

      iii.   The commissioners of the department of health and mental hygiene, the department of consumer affairs, the department of sanitation, the department of information technology and telecommunications, and the department of housing and preservation, or the designees of such commissioners, shall serve ex officio.

      iv.   At its first meeting, the advisory board shall select a chairperson from among its members by majority vote of the advisory board.

   c.   Each member, other than members serving in an ex officio capacity, shall serve for a term of 9 months, to commence after the final member of the advisory board is appointed. Any vacancies in the membership of the advisory board shall be filled in the same manner as the original appointment. A person filling such vacancy shall serve for the unexpired portion of the term of the succeeded member.

   d.   No member of the advisory board shall be removed from office except for cause and upon notice and hearing by the appropriate appointing official.

   e.   Members of the advisory board shall serve without compensation and shall meet as necessary.

   f.   The advisory board shall issue a report to the mayor and council no later than nine months after the final member of the advisory board is appointed. Such report shall include specific recommendations on the following topics:

      i.   Prevention and treatment of bed bug infestations in private dwellings;

      ii.   Prevention and treatment of bed bug infestations in public accommodations and institutions, including, but not limited to, schools, hotels, hospitals, nursing homes, jails and residential shelters;

      iii.   Tracking and reporting of bed bug infestations;

      iv.   Disposal of bed bug infested items;

      v.   Bed bug training and/or education for urban pest management professionals;

      vi.   Bed bug training and/or education for city workers;

      vii.   The development and most effective distribution of public education and resource materials on bed bug prevention and treatment, including, but not limited to, information on the rights and responsibilities of landlords, tenants and homeowners.

   g.   The advisory board shall terminate upon the publication of the report.

§ 3. This local law shall take effect immediately.

L.L. 2009/021

Enactment date: 3/18/2009

Int. No. 919-A

By Council Members Vann, Comrie, De Blasio, Fidler, Gerson, James, Koppell, Recchia Jr., Sanders Jr., White Jr., Arroyo, Garodnick, Eugene, Gennaro and Weprin.

A Local Law to amend the administrative code of the city of New York, in relation to coordination between the department of buildings and other governmental agencies when development is proposed for the city's coastal and water-sensitive inland zones.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The Council finds that development in the New York City coastal zone is subject to the jurisdiction of the New York State Department of Environmental Conservation (DEC) and typically requires issuance of a tidal wetlands permit and a coastal erosion hazard permit. Such development may also require the issuance of a freshwater wetlands permit if regulated freshwater wetlands are on the property or a floating objects permit, depending on development planned. DEC's Coastal Erosion Management Regulations are designed, in part, to restrict or prohibit development in natural protective feature areas so that new buildings or structures are placed a safe distance from areas of active erosion and the impacts of coastal storms. These regulations are also intended to restrict development involving public investment in services or facilities likely to encourage new permanent development in coastal erosion hazard areas. Other approvals may be required for development in the coastal zone, including approvals by the United States Army Corps of Engineers.

The Council finds, however, that applicants may not be aware of the need to coordinate with the Department of Environmental Conservation and other appropriate agencies when projects are located within the coastal or water-sensitive inland zones or that applicants for permits may deliberately fail to disclose on their permit application to the Department of Buildings that their properties are located within the such zones. Therefore the Council finds that coordination with the Department of Environmental Conservation and other agencies must be required by the Department of Buildings in any case where an application for development is located within the coastal and/or water sensitive inland zones of New York City.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect on July 1, 2009 and shall apply to applications for construction document approval pending on such date, except that the commissioner of buildings shall take such measures as are necessary for its implementation prior to such date, including the promulgation of rules.

L.L. 2009/024

Enactment date: 4/20/2009

Int. No. 826-A

By the Speaker (Council Member Quinn) and Council Members Reyna, Lappin, Foster, Yassky, Seabrook, Sears, de Blasio, Arroyo, Comrie, Fidler, Garodnick, Gonzalez, Jackson, James, Koppell, Liu, Mark-Viverito, Martinez, Nelson, Palma, Sanders Jr., Stewart, Weprin, White Jr., Gerson, Mendez, Gennaro, Brewer, Rivera, Dickens and The Public Advocate (Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to the prohibition of activities to prevent access to reproductive health care facilities.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The council of the city of New York finds that the right to access reproductive health services is an important personal right protected by state and federal law. Likewise, the right to peaceably protest and express one's views is protected by state and federal law. Such actions include, but are not limited to, the right to speak, march, demonstrate, picket, pray, associate with others in expressive behavior or engage in other activity protected by the First Amendment. The council is aware that there are individuals or groups of individuals who may exceed the boundaries of lawful First Amendment expression by engaging in physical activities that prevent access to reproductive health care facilities or by engaging in activities that unlawfully harass or intimidate individuals trying to access such facilities. Such activities unlawfully interfere with both the operators of reproductive health care facilities and all individuals seeking free entrance and egress from such facilities.

The council finds that current law does not adequately protect reproductive health care facilities and those who work in or seek services from such facilities. Therefore, the council finds it appropriate for the protection of the public health, safety and welfare, to enact new legislation to strengthen the prohibitions on interference with access to reproductive health care facilities and services.

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[Consolidated provisions are not included in this Appendix A]

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§ 7. This local law shall take effect ninety days after its enactment into law.

Chart 1.

 

	Federal Freedom of Access to Clinic Entrances (FACE) (42 USC § 248)	State Penal Law (NY Penal Law § 240.70)
Intent	· Requires that intent be established when proving that any of the prohibited activities occurred.	· Requires that intent be established when proving that any of the prohibited activities occurred.
Protection of Persons	· Prohibits someone from using force, the threat of force or physical obstruction in order to injure, intimidate or interfere with anyone obtaining or providing reproductive health services. · Also prohibits the attempt to do any of the above	· Prohibits someone from using force, the threat of force or physical obstruction to injure, intimidate or interfere with anyone: o obtaining or providing health care services. o in order to discourage him or her from obtaining or providing health care services. · Also prohibits the attempt to do any of the above.
Protection of Facilities	· Prohibits damaging or destroying the property of a reproductive health care facility (or attempting to do so).	· Prohibits damaging the property of a reproductive health care facility (or attempting to do so).
Remedies & Penalties	· Any person can bring civil action to enforce. o But, a violation of the prohibitions related to persons can only be brought by someone obtaining, trying to obtain, providing or trying to provide services in a reproductive health care facility. · U.S. Attorney General and state attorney generals may seek civil remedies injunctive relief and compensatory damages.	· Second degree is class A misdemeanor. · First degree is a class E felony.

 

Chart 2.

Current Law	What will change?
Intent to prevent another from obtaining or rendering, or assisting in obtaining or rendering any reproductive health care services or counseling must be proven in all cases, including prosecutions for: Physically obstructing or blocking another person from (a) accessing an entryway or exit of a clinic, or (b) the premises in which a clinic is located. Following and harassing another in or about a public place placing another in reasonable fear of physical harm.	Current law is difficult to enforce because of its intent requirement. Under the new legislation, all the same activities (plus new ones) are illegal, police would not need to "see" intent to make an arrest, and proof of such intent would no longer be required for any prosecution under the law.
As long as the above elements, including intent, are met, the police can make an arrest under this statute anywhere around a clinic	Because intent is impossible to "see," it the old law made it difficult for the police to determine whether the law was being broken so arrests rarely occurred. Under the new law, if any illegal behavior occurs within 15 feet of a clinic, it would be clear the law is being broken.
If intent can be discerned and is proven, the prohibited conduct is an A misdemeanor, if not it is likely to be a B misdemeanor or violation	If prohibited conduct occurs within 15 feet of clinic premises, it would be an A misdemeanor, if not it would likely be a B misdemeanor or violation.
All arrests AND prosecutions require a complainant who was obtaining or rendering or assisting another in obtaining or rendering reproductive health services or counseling - "merely" blocking an entrance or exit does not violate the law.	Arrests can be made based on observation alone if a protestor is knowingly obstructing or blocking the premises of a clinic - no complainant is required
Clinics and premises in which they are located are protected, but premises is not defined	Premises would be specifically defined to include both parking lots and driveways, which is critically important for clinics in the outer boroughs and expands the 15 foot area.
No opportunity for a clinic to complain based on protesters' activities.	Knowingly interfering with the operation of a clinic would be a violation of the law.
Peaceful protest is not unlawful	No change.

 

L.L. 2009/025

Enactment date: 4/20/2009

Int. No. 931-A

By Council Members Arroyo, Comrie, DeBlasio, Gioia, Gonzalez, Ignizio, Jackson, Mealy, Palma, Reyna, Sanders, Jr., Vacca and Weprin

A Local Law in relation to the naming of 18 thoroughfares and public places, Firefighter Peter A. Bielfeld Way, Borough of The Bronx, Citizens of Pozzallo Way, Borough of Brooklyn, Giorgio Perlasca Way, Borough of Brooklyn, Anthony Suraci Place, Borough of Queens, Jason Ruiz Way, Borough of Brooklyn, Lt Brendan D Pearson EMS Sta 23 Way, Borough of Staten Island, Thurgood Marshall Boulevard, Borough of Manhattan, Homer Young Kennedy Way, Borough of Manhattan, Lucille Bulger Place, Borough of Manhattan, Alexander Felix Place, Borough of Manhattan, Mother Gloria A. Boyce Way, Borough of Brooklyn, Franciscan Way, Borough of The Bronx, Reverend Dr. Jerry Mosby Way, Borough of The Bronx, Jose Sucuzhañay Place, Borough of Brooklyn, Joseph Albergo Way, Borough of Queens, Michael A. Clarke Avenue, Borough of Queens, Mother Teresa Way, Borough of The Bronx, Poor Freddie's Avenue, Borough of Queens and the repeal of section 38 of local law number 28 for the year 2007 and the repeal of section 21 of local law number 64 for the year 2008.

Be it enacted by the Council as follows:

Section 1. The following intersection name, in the Borough of The Bronx, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Firefighter Peter A. Bielfeld Way	None	At the intersection of Prospect Avenue and Kelly Street

 

§ 2. The following street name, in the Borough of Brooklyn, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Citizens of Pozzallo Way	Henry Street	Between Sackett Street and Union Street

 

§ 3. The following street name, in the Borough of Brooklyn, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Giorgio Perlasca Way	Dahill Road	Between 41st Street and 42nd Street

 

§ 4. The following street name, in the Borough of Queens, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Anthony Suraci Place	39th Place	Between 47th Avenue and 48th Avenue

 

§ 5. The following street name, in the Borough of Brooklyn, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Jason Ruiz Way	60th Street	Between 6th Avenue and 7th Avenue

 

§ 6. The following intersection name, in the Borough of Staten Island, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Lt Brendan D Pearson EMS Sta 23 Way	None	At the intersection of Rossville Avenue and Veterans Road East

 

§ 7. The following street name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Thurgood Marshall Boulevard	Edgecombe Avenue	Between 150th Street and 155th Street

 

§ 8. The following intersection name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Homer Young Kennedy Way	None	At the southeast corner of Indian Road at West 218th Street

 

§ 9. The following street name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Lucille Bulger Place	West 159th Street	Between Broadway and Amsterdam Avenue

 

§ 10. The following intersection name, in the Borough of Manhattan, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Alexander Felix Place	None	At the southwest corner of West 161st Street and Riverside Drive

 

§ 11. The following street name, in the Borough of Brooklyn, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Mother Gloria A. Boyce Way	Pitkin Avenue	Between Eastern Parkway and Van Sinderen Avenue

 

§ 12. The following intersection name, in the Borough of The Bronx, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Franciscan Way	None	At the intersection of Theriot Avenue and Randall Avenue

 

§ 13. The following intersection name, in the Borough of The Bronx, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Reverend Dr. Jerry Mosby Way	None	At the intersection of Homer Avenue and Castle Hill Avenue

 

§ 14. The following intersection name, in the Borough of Brooklyn, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Jose Sucuzhañay Place	None	At the intersection of Bushwick Avenue and Kossuth Place

 

§ 15. The following intersection name, in the Borough of Queens, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Joseph Albergo Way	None	At the intersection of Brookville Boulevard and Hook Creek Boulevard

 

§ 16. The following street name, in the Borough of Queens, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Michael A. Clarke Avenue	137th Avenue	Between 226th Street and 230th Street

 

§ 17. The following intersection name, in the Borough of The Bronx, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Mother Teresa Way	None	At the intersection of Lydig Avenue and Holland Avenue

 

§ 18. The following street name, in the Borough of Queens, is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Poor Freddie's Avenue	129th Avenue	Between Merrick Boulevard and 174th Street

 

§ 19. Section 38 of local law number 28 for the year 2007 is hereby REPEALED.

§ 20. Section 21 of local law number 64 for the year 2008 is hereby REPEALED.

§ 21. This local law shall take effect immediately.