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a. Permits. A procession, parade, or race shall be permitted upon any street or in any public place only after a written permit therefor has been obtained from the police commissioner. Application for such permit shall be made in writing, upon a suitable form prescribed and furnished by the department, not less than thirty-six hours previous to the forming or marching of such procession, parade or race. The commissioner shall, after due investigation of such application, grant such permit subject to the following restrictions:
1. It shall be unlawful for the police commissioner to grant a permit where the commissioner has good reason to believe that the proposed procession, parade or race will be disorderly in character or tend to disturb the public peace;
2. It shall be unlawful for the police commissioner to grant a permit for the use of any street or any public place, or material portion thereof, which is ordinarily subject to great congestion or traffic and is chiefly of a business or mercantile character, except, upon loyalty day, or upon those holidays or Sundays when places of business along the route proposed are closed, or on other days between the hours of six thirty post meridian and nine ante meridian;
3. Each such permit shall designate specifically the route through which the procession, parade or race shall move, and it may also specify the width of the roadway to be used, and may include such rules and regulations as the police commissioner may deem necessary;
4. Special permits for occasions of extraordinary public interest, not annual or customary, or not so intended to be, may be granted by the commissioner for any street or public place, and for any day or hour, with the written approval of the mayor;
5. The chief officer of any procession, parade or race, for which a permit may be granted by the police commissioner, shall be responsible for the strict observance of all rules and regulations included in said permit.
b. Exemptions. This section shall not apply:
1. To the ordinary and necessary movements of the United States army, United States navy, national guard, police department and fire department; or
2. To such portion of any street as may have already been, or may hereafter be duly, set aside as a speedway; or
3. To processions or parades which have marched annually upon the streets for more than ten years, previous to July seventh, nineteen hundred fourteen.
c. Violations. Every person participating in any procession, parade or race, for which a permit has not been issued when required by this section, shall, upon conviction thereof, be punished by a fine of not more than twenty-five dollars, or by imprisonment for not exceeding ten days, or by both such fine and imprisonment.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076.
a. It shall be unlawful for any person driving or in charge of a motor vehicle to permit it to stand unattended on the streets or thoroughfares of the city, without first stopping the engine, locking the ignition and, where the ignition is locked or unlocked by a key or other device, removing such key or other device.
b. Violations. Any person who violates the provisions of this section, upon conviction thereof, shall be punished by a fine of two hundred fifty dollars or imprisonment not to exceed two days, or both. Whenever a police officer shall find a motor vehicle standing in violation of this provision, the officer may stop the engine and/or remove the ignition key or device therefrom and, in the event that the owner or operator thereof is not present, shall deliver the ignition key or device to the nearest patrol precinct station house within one hour after removing same to be held for and returned to such owner or operator. In the event the key or device is so delivered to a station house, the officer shall attach to the vehicle a tag stating where the ignition key or device may be reclaimed.
c. The provisions of this section shall not apply to any person driving or in charge of a utility vehicle regulated by the New York state public service commission when the engine is used to operate a processing device and the wheels on the vehicle are chocked and an emergency brake is applied to secure the vehicle in place.
It shall be unlawful to park any automobile trailer or house car for living or sleeping purposes in any vacant lot unless the owner or operator of such trailer or house car shall have obtained the written permission of the owner of such vacant lot and there has been full compliance with the provisions of the health code. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor.
It shall be unlawful to park any motor vehicle in any vacant lot for which a driveway across the sidewalk has not been authorized pursuant to the provisions of the code. Any person who shall violate the provisions of this section and the owner of any motor vehicle parked in violation of this section by any person using the same with the permission, express or implied, of said owner, shall be guilty of an offense punishable by a fine of not to exceed fifty dollars or by imprisonment not to exceed ten days or by both such fine and imprisonment. The provisions of this section shall not apply to parking lots or parking spaces referred to in section 20-322 of the code. An appearance ticket charging violation of this section may be issued and served pursuant to the provisions of article one hundred fifty of the criminal procedure law.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076.
a. It shall be unlawful to give any exhibition of climbing or scaling on the front or exterior of any house or building.
b. It shall likewise be unlawful for any person, from any window or open space of any house, or building, to exhibit to the public upon the street, or the sidewalk thereof, any performance of puppet or other figures, ballet or other dancing, comedy, farce, show with moving figures, play or other entertainment.
c. Violations. Any person who shall violate any provision of this section, upon conviction thereof, shall be punished by a fine of not more than twenty-five dollars, or imprisonment for thirty days, or both.
a. It shall be unlawful for any person to stand, or cause or permit any person to stand on the sidewalk or street in front of, or in the entrance or hallway of any store or building for the purpose of calling the attention of passersby to goods, wares or merchandise displayed or on sale in such store or any other store or building, or to solicit patronage for any business or service, or to attempt by word of mouth or gesture, or by the distribution of handbills or other printed matter, or by the use of mechanical or sound making devices, to entice or persuade passersby to enter such store or building, or any other store or building, or to accept the services of any business.
b. Any person who shall violate any provision of this section shall, upon conviction thereof, be punished by a fine of not more then fifty dollars, imprisonment for not exceeding ten days, or both.
Any person who willfully and without authority breaks, defaces or otherwise damages any house of religious worship or any portion thereof, or any appurtenances thereto, including religious figures or religious monuments, or any book, scroll, ark, furniture, ornaments, musical instrument, article of silver or plated ware, or any other chattel contained therein for use in connection with religious worship, or any person who knowingly aids, abets, conceals or in any way assists any such person shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or by a fine of not more than $2,500 nor less than $1,000, or both. In addition, any person violating this section shall be subject to a civil penalty of not less than $10,000 and not more than $25,000. Such civil penalty shall be in addition to any criminal penalty or sanction that may be imposed, and such civil penalty shall not limit or preclude any cause of action available to any person or entity aggrieved by any of the acts prohibited by this section.
(Am. L.L. 2021/068, 6/12/2021, eff. 8/11/2021)
a. No person shall write, paint or draw any inscription, figure or mark or affix, attach or place by whatever means a sticker or decal of any type on any public or private building or other structure or any other real or personal property owned, operated or maintained by a public benefit corporation, the city of New York or any agency or instrumentality thereof or by any person, firm, or corporation, or any personal property maintained on a city street or other city-owned property pursuant to a franchise, concession or revocable consent granted by the city, unless the express permission of the owner or operator of the property has been obtained.
a-1. For purposes of this section, "property of another" shall mean all property, including real property, that is not owned, rented, or leased by a person; provided that such term shall not include a location that serves as such person's residence.
a-2. For purposes of this section, "educational facility" shall mean any building affiliated with an institution that maintains a list of enrolled students and is used for educational purposes for more than twelve (12) hours per week for more than six (6) students.
b. No person shall possess an aerosol spray paint can, broad tipped indelible marker or etching acid with the intent to violate the provisions of subdivision a of this section.
c. No person shall sell or offer to sell an aerosol spray paint can, broad tipped indelible marker or etching acid to any person under twenty-one years of age.
c-1. No person under twenty-one years of age shall possess an aerosol spray paint can, broad tipped indelible marker or etching acid in or on the property of another. This subdivision shall not be deemed to prohibit the possession of an aerosol spray paint can, broad tipped indelible marker or etching acid where such item is contained in a manufacturer-sealed package or completely enclosed in a locked container, which shall include bags, backpacks, briefcases and other containers that can be closed and secured with a key or combination lock.
c-2. This section shall not apply to any person possessing an aerosol spray paint can, broad tipped indelible marker or etching acid while in or on the property of another in violation of subdivision c-1 of this section, where:
(1) the owner, operator or other person having control of the property, building or facility consented in writing to the use or possession of the aerosol spray paint can, broad tipped indelible marker or etching acid; or
(2) such person uses or possesses the aerosol spray paint can, broad tipped indelible marker or etching acid under the supervision of the owner or person in control of such property; or
(3) such person is at his or her place of employment and the aerosol spray paint can, broad tipped indelible marker or etching acid was, will be or is being used during the course of such employment and used only with written permission from, or under the supervision of his or her employer or such employer's agent; or
(4) such person is at an educational facility and uses or will use the aerosol spray paint can, broad tipped indelible marker or etching acid at the educational facility, where he or she is enrolled, and is participating in a class at the educational facility that requires the use or possession of such items; or
(5) such person is on the property of another and uses or will use the aerosol spray paint can, broad tipped indelible marker or etching acid in or on the property of another if such use or possession is necessary to participate in a government-sponsored function or in other circumstances where a government agency gives its consent to such use or possession.
d. All persons who sell or offer for sale aerosol spray paint cans, broad tipped indelible markers or etching acid shall not place such cans, markers or etching acid on display and may display only facsimiles of such cans, markers or etching acid containing no paint, ink or etching acid.
e. For the purpose of this section, the term "broad tipped indelible marker" shall mean any felt tip marker or similar implement containing a fluid that is not water soluble and which has a flat or angled writing surface one-half inch or greater. For the purpose of this section, the term "etching acid" shall mean any liquid, cream, paste or similar chemical substance that can be used to etch, draw, carve, sketch, engrave, or otherwise alter, change or impair the physical integrity of glass or metal.
f. Any person who violates the provisions of paragraph a of this section shall be guilty of a class A misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment of not more than one year, or both. Any person who violates the provisions of paragraph b of this section shall be guilty of a class B misdemeanor punishable by a fine of not more than five hundred dollars or a term of imprisonment of not more than three months, or both. Any person who violates the provisions of paragraphs c or d of this section shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars or imprisonment of not more than three months, or both. Any person who has been previously convicted of violating the provisions of paragraphs c or d of this section shall be guilty of a class A misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment of not more than one year, or both. Any person who violates the provisions of paragraph c-1 of this section shall be guilty of a violation punishable by a fine of not more than two hundred fifty dollars or imprisonment of not more than fifteen days, or both. When a person is convicted of an offense defined in subdivision a or b of this section, or of an attempt to commit such offense, and the sentence imposed by the court for such conviction includes a sentence of probation or conditional discharge, the court shall, where appropriate, include as a condition of such sentence the defendant's successful participation in a graffiti removal program pursuant to paragraph (h) of subdivision two of section 65.10 of the penal law.
g. In addition to the criminal penalties imposed pursuant to subdivision f of this section, a person who violates the provisions of subdivision a, b, c or d of this section shall be liable for a civil penalty of not more than five hundred dollars for each violation which may be recovered in a proceeding before the environmental control board. Any person who has been previously convicted of violating the provisions of subdivision a, b, c or d of this section shall be liable for a civil penalty of not more than one thousand dollars for each violation which may be recovered in a proceeding before the environmental control board. Such proceeding shall be commenced by the service of a notice of violation returnable before such board. Anyone found to have violated the provisions of subdivision a of this section, by affixing, attaching or placing by whatever means a sticker or decal, in addition to any penalty imposed, shall be responsible for the cost of the removal of the unauthorized stickers or decals.
h. In addition to police officers, officers and employees of the department of consumer and worker protection, sanitation, environmental protection and transportation shall have the power to enforce the provisions of this section and may issue notices of violation, appearance tickets or summonses for violations thereof.
i. There shall be a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on any sticker or decal affixed, attached or placed by whatever means in violation of subdivision a of this section violated this section by either (i) affixing, attaching or placing by whatever means such sticker or decal or (ii) directing, suffering or permitting a servant, agent, employee or other individual under such persons control to engage in such activity.
j. There shall be a rebuttable presumption that if a telephone number that appears on any sticker or decal affixed, attached or placed by whatever means in violation of subdivision a of this section belongs to a telephone answering service and no other telephone number or address is readily obtainable to locate the person or business advertised therein, such telephone answering service shall be held liable for a violation of subdivision a in accordance with the provisions of this section.
k. The commissioner of the department of sanitation shall be authorized to issue subpoenas to obtain official telephone records for the purpose of determining the identity and location of any person or entity reasonably believed by the commissioner to have violated subdivision a of this section by affixing, attaching or placing by whatever means a sticker or decal.
l. For the purposes of imposing a criminal fine or civil penalty pursuant to this section, every sticker or decal affixed, attached or placed by whatever means in violation of subdivision a of this section, shall be deemed to be the subject of a separate violation for which a separate criminal fine or civil penalty shall be imposed.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/068, L.L. 2007/039 and L.L. 2020/080.
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