L.L. 1997/079

Enactment date: 9/30/1997

Int. No. 1007

By Council Member Dear

A Local Law in relation to disapproval of the application of Early Bird Transportation, Inc., properly known as Early Bird Transportation, for authorization to operate commuter van services in the Borough of Queens

Be it enacted by the Council as follows:

Section one. Notwithstanding any other provision of law, the determination of the taxi and limousine commission to authorize the operation of commuter van services in the Borough of Queens is disapproved as hereafter indicated.

 

Applicant	Geographic Area
Early Bird Transportation, Inc., properly known as Early Bird Transportation	A residential area in Queens bounded on the north by 99th Avenue from Francis Lewis Blvd. to the Cross Island Parkway, on the east by the Cross Island Parkway from 99th Avenue to 121st Avenue, on the south by 121st Avenue from the Cross Island Parkway to Francis Lewis Blvd., on the west by Francis Lewis Blvd. from 121st Avenue to 99th Avenue to and from the subway station located at Parsons and Archer Avenue, 153rd Street and Archer Avenue, 153rd Street and Hillside Avenue, and at 179th Street and Hillside Avenue.
Hours of Operation	Number of Authorized Vans
Daily / 5:00 am - 9:00 pm	12

 

§ 2. In the event that the mayor disapproves this local law, the determination of the taxi and limousine commission to authorize the operation of commuter van services as set forth in section one of this local law shall not be deemed approved until the council shall have failed to repass such local law in accordance with section thirty-seven of the charter or the period within which such repassing may occur has elapsed. In the event that such local law is repassed in accordance with section thirty-seven of the charter, such determination of the taxi and limousine commission shall be deemed to be disapproved.

§ 3. This local law shall take effect immediately and shall be deemed to have been in full force and effect on the date it was first passed by the council.

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.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 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.