§ 10-145 Licensing and regulation of towing cars. [Repealed]

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

§ 10-146 Sale of motor vehicles to unlicensed minors.

Any person who sells or gives any motor vehicle or motorcycle to any minor under eighteen years of age who has not been licensed to operate a motor vehicle or motorcycle within the city of New York, is guilty of a misdemeanor punishable by a fine of not more than two hundred fifty dollars, imprisonment for not more than six months, or both.

§ 10-147 Possession of handcuffs, thumb-cuffs or leg irons by unauthorized persons prohibited.

   a.   It shall be unlawful for any person to knowingly possess any type of handcuffs, including disposable cinch cuffs, thumb cuffs or leg irons. This section shall not prohibit the possession of toy handcuffs which by their construction cannot be used to restrain an individual.

   b.   The prohibition of this section shall not apply to the following persons:

      1.   any peace officer, police officer or any person appointed as a police officer by the superintendent of state police; or

      2.   any police officer or peace officer of another state while conducting official business within the state of New York; or

      3.   any employee of the city, charged with the care or custody of a juvenile committed to a secure detention facility, while on duty or while traveling to or from his or her assigned duty; or

      4.   any person in military service or other service of the state, or of the United States, in pursuit of official duty or when duly authorized by federal or state law, regulation or ordered to possess the same articles prohibited by this section; or

      5.   any member of the auxiliary police force; or

      6.   any special patrolman appointed by the police commissioner, while on duty or while traveling to or from his or her assigned place of duty; or

      7.   any licensed private investigator or any employee of a watch, guard, or patrol agency licensed by the secretary of state under article seven of the general business law, or any employee of a person, firm or corporation operating an armored car transportation service, while such person is acting in the course of his or her employment or is traveling to or from his or her place of employment; and

      8.   any employee of a person, firm or corporation engaged in the business of manufacturing, selling or transporting such handcuffs, including disposable cinch cuffs, thumb cuffs or leg irons, which are intended for possession by persons authorized by this section, while such person is acting in the course or his or her employment or is traveling to or from his or her place of employment; or

      9.   any person engaged in a business activity which requires the utilization of such handcuffs, including disposable cinch cuffs, thumbcuffs or leg irons as authorized pursuant to regulations promulgated by the police commissioner, while such person is acting in the course of his or her employment or is traveling to or from his or her place of employment.

   c.   Any person found in violation of this section shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisonment of not more than ten days or both.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076.

§ 10-148 Fines for unlawful cutting of trees on city property other than trees under the jurisdiction of the department of parks and recreation.

It shall be unlawful for any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation to cut, remove or in any way destroy or cause to be destroyed, any tree or other form of vegetation on any public property, without acquiring written consent from the agency having jurisdiction or control of such property. The foregoing provision shall not apply to employees of any agency who are engaged in the proper and authorized performance of their assigned duties.

§ 10-149 Violation.

   a.   Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation violating the provisions of section 10-148 of this code concerning a tree shall be liable to arrest and upon conviction thereof shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than fifteen thousand dollars or by imprisonment of not more than one year or by both such fine and imprisonment for each such violation. Such individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation shall also be liable for a civil penalty of not more than ten thousand dollars for each such violation which may be recovered in a proceeding before the environmental control board. A proceeding to recover any civil penalty authorized by this section shall be commenced by the service of a notice of violation returnable to the environmental control board. The environmental control board shall have the power to impose the civil penalties prescribed herein.

   b.   Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation violating the provisions of section 10-148 of this code concerning any other form of vegetation shall be liable to arrest and upon conviction thereof shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars or by imprisonment of not more than ninety days or by both such fine and imprisonment for each such violation.

   c.   Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation found to be guilty of violating the provisions of section 10-148 of this code or subdivision a of section 18-129 of this code by a court of competent jurisdiction or by the environmental control board shall be denied the opportunity to obtain written consent from the commissioner of parks and recreation or from an agency having control of public property to cut, remove or in any way destroy or cause to be destroyed, any tree or other form of vegetation on such property for a maximum of two years from the date of conviction, or from the date the civil penalty was imposed.

§ 10-150 Declaration and findings; election for non-public office.

The council hereby finds that it is in the public interest to hold certain elections on days other than those which the vast majority of the people of the city respect as a day of worship and a day of rest. The holding of elections on such days of worship is unfair to those citizens who observe such days of worship in that they are unable to participate fully in the election process on an equal basis unless they violate their religious precepts. This poses a threat to the free exercise of religion and equality of access to the electoral process. The council further finds and declares that bigotry, prejudice and intolerance will be discouraged if such elections are forbidden on those days of worship, and that holding elections on other days will permit the participation of a greater number of people.

§ 10-151 Elections for non-public office or position.

   a.   It shall be unlawful to conduct any election for a non-public office or position on Friday after sundown, Saturday or Sunday in which members of the general public are eligible to cast a vote by virtue of the fact that they reside in a particular area of the city.

   b.   It shall be unlawful for any person to direct, mandate, supervise or assist in conducting any such elections.