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a. Upon the immediate approach of an authorized emergency vehicle, as defined in the vehicle and traffic law, equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle other than a police vehicle or bicycle when operated as an authorized emergency vehicle, and when audible signals are sounded from any said vehicle by siren, exhaust whistle, bell, air-horn or electronic equivalent; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge or curb of the roadway, or to either edge of a one-way roadway three or more lanes in width, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer or other authorized employee of the police department.
b. Any person who violates the provisions of this section shall be guilty of a misdemeanor, and for a first conviction thereof shall be punishable by a fine of not more than three hundred dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of ten years, a person shall be punishable by a fine of not more than six hundred dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of ten years, a person shall be punishable by a fine of not more than nine hundred dollars or by imprisonment for not more than one-hundred eighty days or by both such fine and imprisonment.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/098.
A person is guilty of serial acts of public lewdness when two or more times within any three-year period he or she intentionally exposes the private or intimate parts of his or her body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he or she may readily be observed from either a public place or from other private premises, and with intent that he or she be so observed. A person who commits serial acts of public lewdness shall be guilty of a class A misdemeanor.
a. Definitions. For the purposes of this section:
(1) "Cellular telephone" shall mean any mobile analog, wireless, digital or other similar telephone or communications device, which can be used to access two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 CFR § 20.3.
(2) "School" shall mean any buildings, grounds, facilities, property, or portion thereof under the jurisdiction of the New York city department of education or any non-public school that provides educational instruction to students at or below the twelfth grade level.
(3) "Student" shall mean any person under the age of eighteen enrolled in a school.
b. Any parent or guardian of any student may provide such student with a cellular telephone for any lawful use en route to and from school. No person shall interfere with the provision of such telephone to, or the use of such telephone by, such student.
c. Any person who is aggrieved by interference prohibited by subdivision b of this section shall be entitled to seek equitable relief in any court of competent jurisdiction.
d. Nothing in this section shall be construed to affect or limit the right of any school or law enforcement official to enforce regulations regarding the use of cellular telephones.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2007/046.
a. For purposes of this section, the term "structure" shall mean any building, monument, statue, crane, bridge, sign, tower or other object, or any combination thereof, exceeding fifty feet in height.
b. It shall be unlawful to:
(i) jump or attempt to jump from a structure, or
(ii) climb or attempt to climb up, down or around the exterior of a structure, or suspend or attempt to suspend oneself from the exterior of a structure or on a device attached to one or more structures, unless permission has been granted to climb or suspend oneself from the structure by the owner of the structure for the sole purpose of performing construction or maintenance.
c. This section shall not apply to a structure the primary purpose of which is recreational or instructional climbing or jumping, provided that permission is granted for such activity by the owner of such structure.
d. Any person who violates the provisions of subdivision b of this section shall be guilty of a class A misdemeanor, punishable by up to one year in jail or a fine of up to one thousand dollars or both.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/042.
a. Definitions. When used herein, the following terms shall have the following meanings:
1. "Competitive baseball game" shall mean any organized baseball game at which a certified umpire officiates and which takes place in the city of New York.
2. "High school age children" shall mean persons older than thirteen years of age, but younger than eighteen years of age.
3. "School" shall mean any public or private school which includes any grade nine through twelve and which is located in the city of New York.
4. "Wood bat" shall mean any baseball bat constructed exclusively of wood or any wood laminated or wood composite bat, which is approved by major league baseball, pursuant to such organization's official rules, for major league or minor league baseball play; provided that such term shall not include any bat made in whole or in part of metal, including, but not limited to, aluminum, magnesium, scandium, titanium or any other alloy compound.
b. Only wood bats shall be used in any competitive baseball game in which high school age children are participants and which involves the participation and/or sponsorship of a school.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2007/020 and L.L. 2013/030.
a. Definitions. For purposes of this section: "Commissioner" shall mean the commissioner of sanitation. "Department" shall mean the department of sanitation. "Publicly accessible collection bin" shall mean any outdoor container, other than any container placed by any government or governmental agency, or its contractors or licensees, that allows for any member of the public to deposit items into the container for the purpose of collection by the owner of such container.
b. Requirements. All publicly accessible collection bins shall comply with the following provisions:
1. Each individual publicly accessible collection bin shall prominently display on the front and on at least one other side of the bin, the name, address and telephone number of the owner of the bin. This information shall be printed in characters that are plainly visible. In no event shall a post office box be considered an acceptable address for purposes of this paragraph.
2. No publicly accessible collection bin may be placed on any city property, or property maintained by the city, or on any public sidewalk or roadway.
3. No publicly accessible collection bin shall be placed on any private property without the written permission of the property owner or the property owner's designated agent.
4. The owner of a publicly accessible collection bin placed on private property with the written permission of the property owner, or the property owner's designated agent, and the owner of the property where the bin is located shall be responsible for maintaining such bin in a clean and neat condition.
5. All owners of publicly accessible collection bins that are placed on private property with the written permission of the property owner, or the property owner's designated agent, shall be required to register with the department. Such registration, at a minimum, shall include the location of the publicly accessible collection bin, the type of material collected in the bin, and the name, address, and telephone number of the owner. On or before August first, two thousand fifteen, and annually thereafter, each such owner shall submit a report to the commissioner identifying the weight of the material collected during the period beginning on July first of the year preceding the year the report is due and ending on June thirtieth of the year the report is due. It shall be unlawful for the owner of any publicly accessible collection bin to submit a report containing false or misleading information or to fail to submit a report in accordance with this paragraph.
6. In addition to penalties provided for in any other provisions of law, in the event that a publicly accessible collection bin is placed on any city property, or property maintained by the city, or on any public sidewalk or roadway, the department shall have the authority to remove such bin. Any publicly accessible collection bin placed on any city property, or property maintained by the city, or on any public sidewalk or roadway, shall be presumed to have been placed there intentionally. If the name and address of the owner of such publicly accessible collection bin are located on the bin and are legible, such owner shall be notified by the department by certified mail, return receipt requested, that such publicly accessible collection bin was removed by the department and that the owner can claim such bin through the procedure established by rule. If the name and address of the owner of such publicly accessible collection bin are not located on the bin or are not legible, the commissioner may dispose of such bin in accordance with applicable law and rules thirty days after removal. Any owner who seeks to claim a publicly accessible collection bin that has been removed by the department shall pay the penalty established by this section and the costs of removal and storage, unless, after adjudication by the environmental control board, the owner is found not liable for violating this section, in which case such bin shall be released forthwith, and no removal or storage costs shall be imposed as a condition of such release. If any publicly accessible collection bin is not claimed within thirty days of the mailing of notice to the owner, the commissioner may dispose of such bin in accordance with applicable law and rules.
c. Any person who violates the provisions of paragraph two of subdivision b of this section shall be liable for a civil penalty recoverable in a proceeding before the environmental control board of one hundred dollars for the first offense and three hundred fifty dollars for each subsequent offense within any eighteen-month period. Any person who violates the provisions of paragraph two of subdivision b of this section or any rules promulgated pursuant thereto by attaching or enclosing by any means any publicly accessible collection bin to or on any city property, or property maintained by the city, or on any public sidewalk or roadway, shall be liable for a civil penalty recoverable in a proceeding before the environmental control board of three hundred fifty dollars for the first offense and eight hundred fifty dollars for each subsequent offense within any eighteen-month period. For purposes of this section, each publicly accessible collection bin placed on any city property, or property maintained by the city, or on any public sidewalk or roadway, shall be deemed a separate violation.
d. Any person who violates the provisions of paragraphs one, four or five of subdivision b of this section or any rules promulgated pursuant thereto shall be liable for a civil penalty recoverable in a proceeding before the environmental control board of fifty dollars for the first offense and one hundred dollars for each subsequent offense within any eighteen-month period.
e. The commissioner may promulgate such rules as are necessary to implement the provisions of this section including, but not limited to, rules relating to:
1. payment, by the owner, of removal and storage costs incurred by the commissioner,
2. registration and reporting requirements for publicly accessible collection bins placed on private property,
3. the procedures for claiming publicly accessible collection bins that are removed by the department, and
4. the disposal of publicly accessible collection bins that have been removed by the department and claimed by an owner in cases where there is a subsequent failure to collect such bins.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/030 and L.L. 2021/080.
a. A person is guilty of criminal street gang initiation activity when, in the course of his or her own or another person's initiation or affiliation into a criminal street gang, he or she:
1. intentionally or recklessly engages in conduct that creates a substantial risk of physical injury to another person; or
2. by physical menace, intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury.
b. Definitions. For purposes of this section, the following terms shall have the following meanings:
1. "Criminal conduct" shall mean the felonies or misdemeanors defined in any of the following articles of the penal law: one hundred twenty, relating to assault and related offenses; one hundred twenty-five, relating to homicide; one hundred thirty, relating to sex offenses; one hundred thirty-five, relating to kidnapping, coercion and related offenses; one hundred forty, relating to burglary and related offenses; one hundred forty-five, relating to criminal mischief and related offenses; one hundred fifty, relating to arson; one hundred fifty-five, relating to larceny; one hundred sixty, relating to robbery; one hundred sixty-five, relating to theft; two hundred fifteen, relating to judicial proceedings; two hundred twenty, relating to controlled substances offenses; two hundred twenty-one, relating to offenses involving marihuana; two hundred twenty-five, relating to gambling offenses; two hundred thirty, relating to prostitution offenses or two hundred sixty-five, relating to firearms and other dangerous weapons; or harassment in the first degree or aggravated harassment in the first or second degree, as defined in article two hundred forty of the penal law.
2. "Criminal street gang" shall mean any ongoing organization, association, or group of three or more persons, whether formal or informal, that engages in criminal conduct as one of its primary purposes or activities.
c. Penalties. Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/001.
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.
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