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a. Definitions. For the purposes of this section, "three-card monte" shall mean a game or scheme in which the player is to receive money if he or she correctly selects one of any number of objects, which object was designated by the dealer, operator or any individual working with said dealer or operator of the game or scheme, as the winning object prior to shuffling or rearranging the position of such objects. "Objects" shall be defined as any item capable of being shuffled or rearranged on a surface, including, but not limited to, cards, shells or caps.
b. It shall be unlawful for any person to deal or operate, or be in any manner accessory to the dealing or operating, of three-card monte on any public street, sidewalk or plaza.
c. Any person who violates subdivision b of this section shall be guilty of a misdemeanor.
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
1. Major venue sporting event. An athletic competition or practice involving a professional team or an athletic competition or practice being conducted in a venue with a permanent seating capacity of more than five thousand. The duration of such competition or practice is to include the period from the opening of the venue's gates to the public, to the closing of the gates after the event.
2. Playing area. Any area designated for use by players, coaches, officials or other team or league personnel that is on, or adjacent to, the area of play during the period from the opening of the venue's gates to the public, to the closing of the gates after the event.
3. Sports participant. An umpire, referee, player, coach, manager, security employee, groundskeeper, stadium operations employee, or any other sanctioned participant in which the major venue sporting event is taking place.
4. Dangerous instrument. Any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury.
5. Substance. The term includes, but is not limited, to any liquid or saliva.
b. Conduct prohibited.
1. It shall be illegal for any person other than a sports participant to knowingly enter or remain unlawfully upon the playing area of a major venue sporting event.
2. It shall be illegal for any person other than a sports participant to subject a sports participant to contact by means of any substance, object or dangerous instrument during a major venue sporting event, or attempt to do so, with the intent to cause physical injury to a sports participant during a major venue sporting event or with the intent to disrupt a major venue sporting event.
3. It shall be illegal for any person other than a sports participant to place, drop, toss or hurl any substance, object or dangerous instrument onto the playing area of a major venue sporting event, or attempt to do so, with the intent to cause physical injury to a sports participant during a major venue sporting event or with the intent to disrupt a major venue sporting event.
4. It shall be illegal for any person other than a sports participant to strike, slap, kick or otherwise subject to physical contact a sports participant during a major venue sporting event, or to attempt to do so, with the intent to cause physical injury to a sports participant during a major venue sporting event or with the intent to disrupt a major venue sporting event.
c. Criminal penalties.
1. Any person who knowingly enters or remains unlawfully upon the playing area of a major venue sporting event shall be guilty of a misdemeanor punishable by imprisonment of not more than one year, a fine of not more than one thousand dollars, or both.
2. Any person who uses a dangerous instrument when violating the provisions of paragraph two of subdivision b of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not more than one thousand dollars, or both. Any person who violates the provisions of such paragraph by using any substance or object other than a dangerous instrument shall be guilty of a misdemeanor punishable by imprisonment of not more than ninety days or a fine of not more than five hundred dollars, or both.
3. Any person who uses a dangerous instrument when violating the provisions of paragraph three of subdivision b of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not more than one thousand dollars, or both. Any person who violates the provisions of such paragraph by using any substance or object other than a dangerous instrument shall be guilty of a misdemeanor punishable by imprisonment of not more than ninety days or a fine of not more than five hundred dollars, or both.
4. Any person who violates the provisions of paragraph four of subdivision b of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not more than one thousand dollars, or both.
d. Civil penalties.
1. Any person who violates the provisions of paragraph one or paragraph three of subdivision b of this section shall be liable, to any person or entity injured or aggrieved by such action, for a civil penalty of not less than one thousand dollars and not more than five thousand dollars.
2. Any person who violates the provisions of paragraph two or paragraph four of subdivision b of this section shall be liable, to any person or entity injured or aggrieved by such action, for a civil penalty of not less than ten thousand dollars and not more than twenty-five thousand dollars.
3. The civil penalties set forth in paragraphs one and two of this subdivision shall be in addition to any criminal penalties and/or sanctions that may be imposed, and such civil penalties shall not limit or preclude any cause of action available to any person or entity injured or aggrieved by such action.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/061 and L.L. 2005/100.
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
1. "Vehicle" shall have the same meaning as such term is defined in article one of the vehicle and traffic law.
2. "Engage" or "aid or abet" shall mean actions or circumstances that reasonably indicate that a race, exhibition or contest of speed or stunt behavior has occurred or is imminent, including, but not limited to: the presence of a canister appearing to hold nitrous oxide attached to a vehicle; an explicit invitation to race; the presence of a starting or ending point marked in some way; wagering on the race's outcome; the exhibiting of stunt behavior; acting as a starter or flagperson; pushing vehicles to a starting line; or directing traffic at such an event or gathering.
3. "Stunt behavior" shall mean operating a vehicle in a public place, or on private property open to the public, in a manner which unreasonably interferes with other persons' use of public streets and/or endangers the health or safety of the public, the vehicle operator or its passengers, by accelerating a vehicle at a high rate of speed; raising a vehicle to the degree that one or more wheels lose contact with the ground, commonly referred to as a "wheelie"; spinning a vehicle rapidly in a circle, commonly referred to as a "donut"; using the power of the engine and braking force to cause the rear wheel of a vehicle to spin, heating the rear tire and producing smoke; or increasing the revolutions per minute of a vehicle whether or not the vehicle is in motion, commonly referred to as "revving," thereby causing unreasonable noise.
b. Except as provided in the vehicle and traffic law, no person shall engage in any race, exhibition or contest of speed involving a vehicle, or aid or abet in such race, exhibition or contest of speed, on any highway, street, alley, sidewalk, or any public or private parking lot or area.
c. Except as provided in the vehicle and traffic law, no person shall engage in stunt behavior involving a vehicle, or aid or abet in such stunt behavior.
d. Except as provided in the vehicle and traffic law, no person shall participate in any event or gathering held for the purpose of a race, exhibition or contest of speed or stunt behavior involving a vehicle. For purposes of this subdivision, "participate" shall mean wagering on the outcome of the race, exhibition or contest of speed or stunt behavior or taking specific overt actions encouraging the people engaging in the race, exhibition, contest of speed or stunt behavior.
e. Except as provided in the vehicle and traffic law, no person shall operate, drive or park a motorcycle, whether or not in motion, unless the number plate is easily readable and is not obstructed by any part of the motorcycle, its equipment, or anything carried thereon, including the operator or a passenger. For purposes of this subdivision, "motorcycle" shall have the same meaning as in section one hundred twenty three of the vehicle and traffic law.
f. A violation of subdivision b or c shall constitute a misdemeanor and be punishable by imprisonment of not more than six months or a fine of not more than six hundred dollars, or both such fine and imprisonment, except that the imprisonment for a violation of subdivision c shall be not more than sixty days. A second or subsequent violation of subdivision b or c of this section committed within ten years of a violation of subdivision b or c of this section shall be punishable upon conviction by imprisonment of not more than one year or a fine of not more than one thousand dollars, or both such fine and imprisonment, except that the imprisonment for a violation of subdivision c shall be not more than one hundred twenty days. A violation of subdivision d or e shall constitute a violation punishable by imprisonment of up to fifteen days or a fine of not more than two hundred fifty dollars, or both such fine and imprisonment.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/046.
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.
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