L.L. 2005/098

Enactment date: 12/1/2005

Int. No. 343-A

By Council Members Vallone Jr., Clarke, Fidler, Foster, Gennaro, Gentile, Gerson, Nelson, Reed, Rivera, Sanders Jr., Sears, Weprin, Liu, Palma, Katz, Seabrook and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to increasing the fines for the offense of failing to yield the right of way to emergency vehicles en route to an emergency.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. Traffic congestion in New York presents an ongoing problem to emergency services. Emergency vehicles en route to an emergency are often forced to contend with stubbornly apathetic drivers who refuse to yield the right of way.

State law currently sets the fine schedule for consecutive traffic infractions. The density of the population in New York City, however, increases not only automobile congestion, but also the number of emergency situations that arise and the scale of the response required to address many emergencies, thus posing a risk to public safety and health. Drivers who are unwilling to yield the roadway for emergency vehicles obstruct not only emergency vehicles, but also other drivers who attempt to yield the roadway. Many of the city's roadways are narrow enough that one such unwilling driver has the ability to obstruct completely the progress of an emergency vehicle.

The City Council, in an effort to protect those in emergency situations by opening up the city's streets to emergency vehicles, creates a new section of the administrative code that increases the fines for failing to yield the right of way for an emergency vehicle.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect immediately.

L.L. 2005/100

Enactment date: 12/1/2005

Int. No. 528-A

By Council Members Vallone Jr., Addabbo Jr., Fidler, Gennaro, Jennings, Katz, Koppell, Nelson, Recchia Jr., Rivera, Vann, Seabrook, Gentile and Liu

A Local Law to amend the administrative code of the city of New York, in relation to proscribing certain conduct at major venue sporting events.

Be it enacted by the Council as follows:

Section 1. Legislative intent and findings. Unruly behavior at professional sporting events, and at sporting events at major venues, has increased in recent years. In 2003, local law 61 was adopted to make it illegal to enter the playing area of a professional sporting event or to enter such area and assault or attempt to assault a professional sports participant. This local law, however, only penalizes the entering of the playing area or the assault or attempted assault of a professional sports participant after entering the playing area of the professional sporting event, but does not address the tossing or hurling of objects, substances or dangerous instruments onto the playing area of a sporting event, the tossing or hurling of an object, substance or dangerous instrument at a sports participant during a sporting event, or the assault or attempted assault of a professional sports participant from the viewing area of a sporting event.

The Council finds that tossing or hurling objects, substances or dangerous instruments onto the playing area of a professional sporting event, and at sporting events at major venues, may cause serious injury and may result in violence, particularly in a crowded venue during a sporting event. It is not the intent of this local law to penalize traditional fan participation in sports events, including but not limited to throwing a ball back onto the field after a home run, or the tossing of hats onto the rink after a hat trick in a hockey game. Rather, this local law is intended to address that behavior which is not part of a sports tradition but is intended to cause physical injury or disrupt an event.

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[Consolidated provisions are not included in this Appendix A]

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§ 5. This local law shall take effect 30 days after its enactment into law.

L.L. 2005/105

Enactment date: 12/17/2005

Int. No. 564-A

By Council Members DeBlasio, Comrie, Palma, Perkins, Avella, Brewer, Clarke, Fidler, Gennaro, Gentile, James, Jennings, Koppell, Martinez, McMahon, Nelson, Recchia Jr., Rivera, Seabrook, Sears, Stewart, Weprin, Foster, Katz, Quinn, Addabbo Jr., Gerson, Barron, Boyland, Gonzalez and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to the definition of campaign contribution under the Campaign Finance Law.

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. Section 2 of this local law shall not have any effect on any adjustments made prior to the effective date of this law pursuant to subdivision 7 of section 3-703 of the administrative code.

§ 4. The provisions of this section shall govern all proceedings before the board and be effective upon enactment.

L.L. 2005/107

Enactment date: 12/19/2005

Int. No. 379-A

By the Speaker (Council Member Miller) and Council Members Clarke, Perkins, Gentile, Barron, Gennaro, Gerson, James, Koppell, Lopez, Nelson, Palma, Quinn, Vallone Jr., Weprin, Jackson, Brewer, Monserrate, Recchia Jr., DeBlasio, Baez, Moskowitz, Fidler, Yassky, Liu, Foster, Gioia, Sanders Jr., McMahon, Addabbo Jr., Reyna, Katz, Reed, Avella and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to requiring the purchase of Energy Star certified appliances whenever appliances in certain apartments are replaced.

Be it enacted by the Council as follows:

Section 1. Statement of findings and purpose. Home electricity and gas expenses represent a substantial cost for many low-income New Yorkers in rental apartments. For example, nationally in 1997, households in multi-family buildings spent an average of $848 per year on energy. In addition, since much of New York City's electricity is produced within the City, energy consumption translates directly into greater local pollution, including emissions of sulfur dioxide, nitrogen oxides, particulate matter, carbon dioxide and mercury. These pollutants contribute to respiratory disease, heart disease, smog, acid rain and climate change. Moreover, as energy demand rises, so does our reliance on dirty, inefficient power plants and the City and nation's dependence on foreign oil and natural gas.

The United States Environmental Protection Agency and the Department of Energy certify a wide range of household appliances and building materials as energy efficient through the ENERGY STAR program, including refrigerators, room air conditioners, dishwashers, clothes washers and windows. For example, ENERGY STAR qualified dishwashers use 25% less energy than the federal minimum standard for energy consumption. ENERGY STAR certified products are widely available and generally have little or no cost premium compared with uncertified products. Even when Energy Star products are more expensive than conventional options, these products more than pay for the increased price over time through reduced energy costs.

When people buy appliances for their own homes, they have an incentive to ensure that the appliances use the least energy possible because homeowners pay for their energy costs. When landlords or developers, however, purchase appliances, they do not have the same incentive. Since it is tenants or future owners who generally pay for energy costs, the primary financial concern for landlords and developers is to limit the up-front costs of appliances, without regard for energy consumption.

The Council finds that the increased use of ENERGY STAR certified appliances for apartments in New York City will substantially reduce household energy costs as well as the City's electricity consumption and air pollution. Accordingly, the Council declares that it is reasonable and necessary to require those who receive certain tax benefits from the City to purchase Energy Star certified appliances when they replace appliances in rental apartments.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect ninety days after its enactment, except that the provisions of subdivision c of section 11-245.8 of bill section 2 shall take effect one year after enactment, and except that the commissioner of housing preservation and development shall take all actions necessary to implement this local law on or before the date upon which this local law shall take effect.

L.L. 2005/109

Enactment date: 12/29/2005

Int. No. 700

By Council Members Moskowitz, the Speaker (Council Member Miller), Quinn, Katz, Rivera, Comrie, Brewer, Sears, Reyna, Weprin, Liu, Seabrook and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the effective date of local law one of the year 2002.

Be it enacted by the Council as follows:

Section 1. Section five of local law one of the year 2002 is amended to read as follows:

§ 5. Effective date. This local law shall take effect one hundred eighty days after its enactment[; provided, however, that section three of this local law shall have no further force or effect and shall be deemed repealed on October 1, 2005]. Actions necessary to prepare for the implementation of this local law may be taken prior to its effective date.

§ 2. This local law shall take effect immediately.

L.L. 2005/111

Enactment date: 12/29/2005

Int. No. 299-A

By Council Members Monserrate, Vallone Jr., Addabbo, Avella, Gentile, Gerson, Koppell, Martinez, Nelson, Rivera, Sears, Liu, Clarke, Gennaro, Weprin, McMahon, Jackson, Gonzalez and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to the removal of graffiti from commercial and residential buildings, and in relation to establishing a process whereby the city may clean graffiti from these buildings.

Be it enacted by the Council as follows:

Section 1. Legislative Findings and Intent.

The City Council finds that graffiti is a public nuisance, one that degrades the quality of life in neighborhoods and communities across the city. Graffiti creates an atmosphere of neglect, inviting criminal activity and contributing to a feeling of disorderliness and fear.

In light of these considerations, it is important that graffiti in public view be cleaned as quickly as possible, while respecting property rights and First Amendment free speech rights.

The goal of this legislation is to accommodate these important interests and to craft a solution to the City's graffiti problem that both adequately addresses the need to rid our communities of graffiti as well as protect our important freedoms. By imposing fines against the owners of certain property who fail to remove graffiti from their premises, coupled with granting to the City the ability to clean graffiti in public view from commercial and residential buildings, after an adequate notification process to property owners of such buildings, this legislation will improve the quality of life for our residents.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect 90 days after its enactment.

L.L. 2005/113

Enactment date: 12/29/2005

Int. No. 397-A

By Council Members Gennaro, Avella, Comrie, Fidler, Jackson, Provenzano, Recchia, Weprin, Liu, Addabbo (by request of the Mayor) and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to the noise control code and the repeal of subchapters 4, 5 and 6 of chapter 2 of title 24 of such code.

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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§ 16. All actions and proceedings, civil or criminal, or administrative proceedings commenced under or by virtue of any provision repealed by this local law and pending immediately prior to the taking effect of such repeal may be prosecuted and defended to final effect in the same manner as they might if such provisions were not so repealed.

§ 17. On or prior to January 1, 2007 the commissioner of environmental protection shall promulgate noise mitigation rules in accordance with section 24-219 of the administrative code, as added by section 10 of this local law.

§ 18. This local law shall take effect on July 1, 2007 provided that prior to such effective date agencies may promulgate rules or take other administrative actions necessary for the timely implementation of this local law including the appointment of any advisory committee and provided further that section 17 of this local law shall take effect immediately upon its enactment into law.

L.L. 2005/114

Enactment date: 12/29/2005

Int. No. 470-A

By Council Members Addabbo, Jr., Vallone, Jr., Baez, Brewer, Comrie, Felder, Fidler, Gennaro,Gerson, Jackson, Katz, Liu, Martinez, Monserrate, Nelson, Perkins, Quinn, Recchia, Sanders, Seabrook, Stewart, Weprin, Moskowitz, Rivera, Avella, Clarke, Foster, Gonzalez, James, Palma, Reed, Sears, Vann, McMahon, Gentile, DeBlasio, the Speaker (Council Member Miller), Yassky, Koppell, Gioia, Dilan, Reyna, Barron, Arroyo, Lopez and The Public Advocate (Ms. Gotbaum)

A Local Law to amend the administrative code of the city of New York, in relation to requiring the police department to submit to the council reports of crime in parks and playgrounds.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. Although the police department gathers data about crime in parks, such information is not readily available to the council. The police department reports to the council on the number of crimes within each precinct, including a subset of housing bureau and transit bureau complaints within each precinct, but information on crime in parks is not separately provided.

Parks provide an oasis for residents and visitors, and it is vitally important that just as precinct crime information is sent to the council on a quarterly basis, data about the safety of parks should also be provided to the council.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall become effective 30 days after its enactment into law.