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L.L. 1997/080
Enactment date: 10/17/1997
Int. No. 971
By Council Members Sabini, Albanese, Koslowitz and Marshall; also Council Members Leffler, McCaffrey, O'Donovan and Abel
A Local Law in relation to a street name, Robert R. Tilitz Place, Borough of Queens
Be it enacted by the Council as follows:
Section 1. The following street name is hereby designated as hereafter indicated.
New Name | Present Name | Limits |
Robert R. Tilitz Street | Broadway |
between Justice Avenue and 51st Avenue |
§ 2. This local law shall take effect immediately.
L.L. 1997/083
Enactment date: 10/29/1997
Int. No. 1038-B
By Council Members Miller, Michels, Duane, Eldridge, Freed, Pagan, Eisland, Leffler, Marshall and Eristoff (in conjunction with the Mayor); also Council Members Albanese, Linares and Stabile
A Local Law to amend the administrative code of the city of New York, in relation to civil penalties for second, third and subsequent violations of the noise control code.
Be it enacted by the Council as follows:
Section one. Legislative Intent and Findings. In 1993 Local Law 115 was enacted which established a licensing and regulatory structure for the operation of commuter van services, the performance of the drivers who drive for such services and the commuter vans used in such operations. This allowed for licensing and enforcement to be performed by City agencies. Previously, the licensing and regulation of commuter van services was within the exclusive jurisdiction of the New York State Department of Transportation.
Local Law 115 contained a provision by which the Council could, at its discretion, review those commuter van service applications which were approved by the Taxi and Limousine Commission and could, by local law, either approve or disapprove those determinations. In the two years since the first commuter van service application became subject to Council review the Council has chosen to review each approval of a commuter van service that was presented to it and, in fact, has approved more determinations than it has disapproved. However, the independent analyses conducted by the Council during its review of these applications has disclosed significant weaknesses in the manner in which the Taxi and Limousine Commission and the New York City Department of Transportation, the agencies charged under Local Law 115 with evaluating those applications, meet that obligation. Moreover, it has become readily apparent that the decisions made by those agencies to authorize the operation of a commuter van service in specific geographic areas have been made without the benefit of any comprehensive study having been made of where in the City commuter vans are needed as a complement to existing mass transit services, not as competitors, the number of vans actually necessary to provide this complementary service, the hours during which complementary service is really needed and concerns related to traffic congestion and physical safety as the number of commuter vans proliferates. Recognition of this deficiency led the Department of City Planning to initiate a Commuter Van Service Policy Study this Spring, whose mission includes identifying areas underserved by existing mass transit and the creation of a Technical Advisory Committee comprised largely of representatives from a number of City, State and Federal agencies. A Final Report is scheduled to be completed by March 31, 1998.
Finally, for many years, even prior to the enactment of Local Law 115, many members of the Council have decried the lack of effective enforcement against those who operate commuter van services without legal authorization and those with legal authorization to operate but who do so in an illegal manner.
For these reasons, it is the strongly held view of the Council that no further applications for authorization to operate or expand the operations of commuter van services should be approved for a period of one year during which period the Final Report of the Department of City Planning should be issued and the Council will have had a reasonable period of time to consider its contents, and/or until the Council has conducted its own study of these issues. During this period the Council will also have a fair and reasonable opportunity to consider regulatory changes which may be appropriate and to undertake any necessary legislative action.
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[Consolidated provisions are not included in this Appendix A]
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§ 4. This local law shall take effect immediately.
L.L. 1997/084
Enactment date: 10/31/1997
Int. No. 837-A
By Council Members Miller, Michels, Duane, Eldridge, Freed, Pagan, Eisland, Leffler, Marshall and Eristoff (in conjunction with the Mayor); also Council Members Albanese, Linares and Stabile
A Local Law to amend the administrative code of the city of New York, in relation to civil penalties for second, third and subsequent violations of the noise control code.
Be it enacted by the Council as follows:
Section 1. Legislative Intent. Twenty-five years ago, when the comprehensive New York City Noise Control Code was enacted, it was declared as the public policy of the City that "... every person is entitled to ambient noise levels that are not detrimental to life, health and enjoyment of his or her property ..." and that "... the making, creation or maintenance of excessive and unreasonable noises within the city affects and is a menace to public health, comfort, convenience, safety, welfare and the prosperity of the people of the city." The ability of the City's residents, workers and visitors to secure a minimum level of quiet and freedom from noise is critical to the quality of life and the enjoyment of their homes, workplaces, places of recreation and the exterior environment.
It is axiomatic that strong enforcement is essential to the effectiveness of any regulatory program and a significant component of such enforcement is the penalty to be imposed for a violation of the law. Strong civil penalty provisions serve as a deterrent to violations of the Noise Control Code and preserve and advance the public policy reflected therein. However, it is the view of the Council that the existing civil penalties no longer serve as an adequate deterrent. This bill strengthens enforcement by establishing two new tiers of civil penalties in which those penalties are substantially increased for a second violation of the same provision of the Noise Control Code by the same person and for third and subsequent violations of the same provision of the Noise Control Code by the same person.
The Council also declares that nothing in this legislation is intended to limit the authority of the Environmental Control Board to issue "cease and desist" orders under existing provisions of the Noise Control Code.
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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 the sixtieth day after it shall have become law; provided, however, that this law shall apply only to notices of violation issued on or after the effective date of this law.
L.L. 1997/085
Enactment date: 10/31/1997
Int. No. 907
By Council Members Eisland, Fusco and Linares; also Council Members Dear, Fisher, McCaffrey, O'Donovan, Rivera, Robles and Abel
A Local Law in relation to a street name, Police Officer Vincent Guidice Place, Borough of The Bronx
Be it enacted by the Council as follows:
Section 1. The following street name is hereby designated as hereafter indicated.
New Name | Present Name | Limits |
Police Officer Vincent Guidice Place | West 236th Street |
between Kingsbridge Avenue and Broadway |
§ 2. This local law shall take effect immediately.
L.L. 1997/086
Enactment date: 10/31/1997
Int. No. 1029
By Council Members McCabe, Albanese, Abel and Linares; also Council Members DiBrienza, O'Donovan, Perez and Fusco
A Local Law in relation to a street name, Monchito Place, Borough of Brooklyn
Be it enacted by the Council as follows:
Section 1. The following street name is hereby designated as hereafter indicated.
New Name | Present Name | Limits |
Monchito Place | 5th Avenue |
between 44th Street and 45th Street |
§ 2. This local law shall take effect immediately.
L.L. 1997/087
Enactment date: 10/31/1997
Int. No. 1046
By Council Members Powell IV and Linares; also Council Members Williams and Fusco
A Local Law in relation to a street name, R. Lonnie Williams Place, Borough of Manhattan
Be it enacted by the Council as follows:
Section 1. The following street name is hereby designated as hereafter indicated.
New Name | Present Name | Limits |
R. Lonnie Williams Place | E. 104th Street |
between Fifth Avenue and Madison Avenue |
§ 2. This local law shall take effect immediately.
L.L. 1997/089
Enactment date: 11/17/1997
Int. No. 1039-A
By Council Members Dear and Linares; also Council Members O'Donovan, Robles, Williams and Abel
A Local Law in relation to a playground name, Lt. Federico Narvaez Tot-Lot, Borough of Brooklyn
Be it enacted by the Council as follows:
Section 1. The following playground name is hereby designated as hereafter indicated.
New Name | Present Name | Limits |
Lt. Federico Narvaez Tot-Lot | Argyle Road Tot Lot |
an existing playground located at Cortelyou Road and Argyle Road |
§ 2. This local law shall take effect immediately.
L.L. 1997/091
Enactment date: 11/25/1997
Int. No. 961
By the Speaker (Council Member Vallone) and Council Members Pinkett, Leffler, Clarke, Fisher, White, Robles, Henry, Marshall, Michels and the Public Advocate (Mr. Green); also Council Members Cruz, Eisland, Foster, Harrison, O'Donovan, Povman, Watkins, Williams, Spigner, Koslowitz, Linares and Robinson
A Local Law to amend the New York city charter, in relation to the establishment of an independent police investigation and audit board
Be it enacted by the Council as follows:
Section 1. Legislative Findings of Fact and Declaration of Policy. The Council hereby finds that it is essential to the safety and well-being of the residents of the City of New York that members of the New York City Police Department be held to the highest standard of conduct and integrity in the performance of their professional responsibilities. As a society, we confer upon police officers the power to make arrests and, where necessary, use force, in order to protect public order, prevent crime and apprehend criminals. If the trust and confidence of the public is to be maintained, members of the police force must conduct themselves honestly, in a manner commensurate with the high degree of trust placed in them.
The Council finds that the vast majority of police officers discharge their duties honestly and with integrity. A relatively small number of police officers, however, have been found to engage in serious criminal activities, particularly in connection with the illegal drug trade. This was the finding of the Commission to Investigate Allegations of Police Corruption and the Anti-Corruption Procedures of the Police Department, better known as the "Mollen Commission." In July 1994, after an extensive investigation lasting almost two years, the Mollen Commission issued its final report. Among its key findings, the Commission concluded that the Police Department's internal anti-corruption systems had been allowed to deteriorate to the point where they "minimized, ignored and at times concealed corruption, rather than root it out."
The Commission concluded that the Department must retain primary responsibility for policing itself and maintaining integrity within its ranks. To that end, the Commission recommended a "dual track approach" calling for reform of the Department's internal anti-corruption structure and the creation of an independent police monitor to insure that the structure is working effectively.
The Council finds, as did the Mollen Commission, that once the glare of publicity has dimmed, the Police Department's commitment to zealously root out corruption will eventually diminish unless an independent entity continues to closely monitor the Department's anti-corruption efforts as well as independently investigate allegations of illegal activities. The purpose of this legislation is to create such an independent mechanism based upon the model proposed by the Mollen Commission.
The Independent Police Investigation and Audit Board created herein will have both the power to audit and examine the Police Department's own anti-corruption efforts and the ability to conduct independent corruption investigations backed by the power to issue subpoenas. It is, however, the Council's intention that the Police Department continue to have the primary responsibility for detecting and preventing internal corruption. The Council is also aware of the vital role played by other offices, such as the City's District Attorneys, in exposing and prosecuting acts of official corruption. The Council recognizes the need for cooperation and coordination among the responsible agencies in order to avoid duplication of efforts and interference with ongoing investigations and other legitimate law enforcement activities. For these reasons, the legislation requires the Board to enter into protocols with the Police Commissioner, the District Attorneys and the Civilian Complaint Review Board in order to create a structure in which such cooperation and coordination will be facilitated.
On November 23, 1994, after extensive public debate and consideration, the Council adopted Int. No. 402-A, which created an Independent Police Investigation and Audit Board. The legislation was vetoed by Mayor Giuliani on December 23, 1994. On January 19, 1995, the Council overrode the Mayor's veto, and Int. No. 402-A became Local Law 13 of 1995. Subsequently, Mayor Giuliani instituted a judicial proceeding against the City Council seeking to declare Local Law 13 invalid.
On June 28, 1995, Justice Beatrice Shainswit of the New York State Supreme Court, New York County, held Local Law 13 to be invalid on the ground that, absent a referendum, the Council's power to appoint members of the Independent Police Investigation and Audit Board unlawfully interfered with the Mayor's authority to appoint "officers of the City" pursuant to § 6(a) of the Charter. The court found that the Board's authority pursuant to Local Law 13 to "assist the police department to formulate and implement policies to detect and eliminate corruption" was sufficient to confer the status of "officers of the City" upon Board members, for the purposes of Charter § 6(a).
On January 9, 1997, the First Department of the Supreme Court Appellate Division affirmed the Supreme Court's ruling that Local Law 13 was invalid. The Appellate Division's sole basis for this ruling was that the law interfered with the Mayor's appointment powers under the Charter. The Appellate Division declined to sever the Council's appointment power from Local Law 13, pointing to the fact that the law was adopted without a severability clause. The Court failed to give effect to § 1153 of the Charter, which expressly provides that "[i]f any provision of this charter ... shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, it is the purpose and intent of this charter that all other provisions thereof shall nevertheless be separately and fully effective and that the application of any such provision to other persons or situations shall not be affected."
The New York State Court of Appeals has refused to grant the Council leave to appeal the decision of the Appellate Division. It is therefore the intention of the Council to amend and re-adopt the disputed legislation, curing those purported legal defects found by the two lower courts.
The Council hereby reaffirms its conviction that the creation of an Independent Police Investigation and Audit Board would benefit the police force and enhance the public's trust and confidence in the Police Department. In order to address the issues raised by the courts, the five members of the Board created by this legislation shall be appointed by the Mayor; two of those members shall be designated by the City Council. The chair shall be appointed by the Mayor after consultation with the Speaker of the Council. This appointment structure is based on that of the Civilian Complaint Review Board (Charter § 440(b)(1)) and the Campaign Finance Board (Charter § 1052(a)(1)).
Contrary to the finding of the lower court, it was not the Council's intention to vest the Board with policy-making authority by allowing it to "assist" the Police Department to formulate and implement policies to detect and eliminate corruption. The plain language of the bill, and the statement of legislative intent, made clear that the legislation was not intended to interfere with the Police Commissioner's primary role in investigating corruption and disciplining members, nor the executive authority to manage the Police Department. In order to clarify the Council's intention in this regard, the language of the bill has been amended to permit the Board to make non-binding recommendations to the Police Department regarding the formulation and implementation of anti-corruption policies and programs, similar to its authority to make recommendations for the improvement of the Department's anti-corruption systems.
Finally, an express severability clause is contained in the law, making clear the Council's intention that should any portion of the law be held invalid, the court should use its power to strike only the invalid portion of the law, leaving the rest intact.
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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 into law.
L.L. 1997/093
Enactment date: 12/1/1997
Int. No. 1028
By Council Members Foster and Robinson; also Council Members O'Donovan and Williams
A Local Law in relation to a corner name, Kudirat Abiola Corner, Borough of Manhattan
Be it enacted by the Council as follows:
Section 1. The following corner name is hereby designated as hereafter indicated.
New Name | Present Name | Limits |
Kudirat Abiola Corner | (none) |
the northeast corner at the intersection of Second Avenue and East 44th Street |
§ 2. This local law shall take effect immediately.
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