L.L. 1995/072

Enactment date: 9/1/1995

Int. No. 537-A

By Council Members Koslowitz, Dear, Public Advocate (Mr. Green) and Council Member Pagan (by the request of the Mayor); also Council Member Wooten

A Local Law to amend the administrative code of the city of New York, in relation to the placement of fixed stand coin operated rides placed on sidewalks and the licensing of amusement devices, amusement arcades and amusement operators, and to repeal subchapter 3 of chapter 2 of title 20 of the administrative code

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 4. Notwithstanding any other provision of law, any license issued by the commissioner of consumer affairs pursuant to subchapter 11 of chapter 2 of title 20 of the administrative code of the city of New York prior to the effective date of this local law shall become null and void and be of no further effect as of the effective date of this local law. Notwithstanding any other provision of law, if the holder of any such license surrenders the license within 60 days after the effective date of this local law to the department of consumer affairs, such holder shall be entitled to receive a refund of an amount equal to the fee for such license prorated to the unexpired portion of the license term.

§ 5. No action or proceeding, civil or criminal, pending at the time when this local law shall take effect shall be affected or abated by the adoption of this local law or by anything contained herein and all such actions or proceedings may be continued notwithstanding the adoption of this local law.

§ 6. This local law shall take effect on January 16, 1996.

L.L. 1995/073

Enactment date: 9/21/1995

Int. No. 611

By Council Member Leffler

A Local Law in relation to fire department street alarm boxes

Be it enacted by the Council as follows:

Section 1. Pursuant to the provisions of Local Law 20 for the year 1995, as amended, the council hereby approves the pilot program for deactivation of fire department street alarm boxes, as set forth in the proposal of the fire department entitled "Planned Removal of Street Alarm Boxes & Notification Alternatives", dated June 21, 1995, as amended and modified by the document entitled "Modification to Planned Removal of Street Alarm Boxes & Notification Alternatives", dated August 17, 1995 and presented to the council pursuant to such local law.

§ 2. Upon completion of the pilot program, the fire department shall, as soon as practicable thereafter, submit to the mayor and the city council a report on such pilot program. Such report shall contain statistics on the pilot program, as set forth in the proposal of the fire department entitled "Planned Removal of Street Alarm Boxes & Notification Alternatives", dated June 21, 1995, as amended and modified by the document entitled "Modification to Planned Removal of Street Alarm Boxes & Notification Alternatives", dated August 17, 1995, and shall assess the results of such pilot program.

§ 3.   a.   Notwithstanding any inconsistent provision of law, if the city council does not act by means of appropriate legislative action within sixty days after the first stated meeting of the council following the receipt of the report provided for by section two of this local law, the fire department may thereafter deactivate and remove alarm boxes in the city of New York in a manner consistent with such report and the proposal of the fire department entitled "Planned Removal of Street Alarm Boxes & Notification Alternatives", dated June 21, 1995, as amended and modified by the document entitled "Modification to Planned Removal of Street Alarm Boxes & Notification Alternatives", dated August 17, 1995. Unless the city council so authorizes by appropriate legislative action, the fire department shall not deactivate and/or remove any alarm box, other than those alarm boxes deactivated pursuant to the pilot program authorized by section one of this local law, prior to (i) the submission of the report required by section two of this local law; and (ii) the conclusion of such sixty-day period, provided that alarm boxes deactivated pursuant to the pilot program authorized by section one of this local law may remain deactivated during such sixty-day period.

   b.   Consistent with the report required by section two of this local law and the proposal of the fire department entitled "Planned Removal of Street Alarm Boxes & Notification Alternatives", dated June 21, 1995, as amended and modified by the document entitled "Modification to Planned Removal of Street Alarm Boxes & Notification Alternatives", dated August 17, 1995, if the fire department determines that a public pay telephone or cellular telephone is necessary at a location, the alarm box at such location shall not be deactivated until such telephone is in service at such location.

§ 4. This local law shall take effect immediately.

L.L. 1995/074

Enactment date: 9/22/1995

Int. No. 539-A

By Council Members Spigner, Dear, Pagan, Williams, Wooten, Marshall, Rosado and Ognibene

A Local Law to amend the administrative code of the city of New York, in relation to the installation of food waste disposals in residential dwellings

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent and findings. The council finds that lifting the ban on the installation of food waste disposals in residential dwellings served by combined storm and sanitary sewers could afford all city residents the potential convenience of using this household appliance. Moreover, the council finds that the installation of food waste disposals in residential dwellings could assist the city in its effort to manage solid waste by diverting putrescible solid waste from disposal in landfills.

However, the council finds that there are potential adverse impacts associated with lifting the ban on the installation of food waste disposals in residential dwellings served by combined storm and sanitary sewers. These adverse impacts could include a decrease in the quality of the city's receiving waters, obstruction of the city's sewer system, increased water consumption, impact on the city's ability to comply with applicable statutes, rules, regulations, permits, and orders, and increased operating costs for conveying and treating wastewater.

Accordingly, the council hereby authorizes the department of environmental protection to conduct a pilot program to determine the relative costs, benefits and problems associated with the installation of food waste disposals in residential dwellings served by combined storm and sanitary sewers. If at the conclusion of the pilot program it is determined that food waste disposals should be allowed on a more widespread basis in residential dwellings served by combined storm and sanitary sewers, the council may act to permit further installation by local law.

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[Consolidated provisions are not included in this Appendix A]

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§ 5. This local law shall take effect immediately.

L.L. 1995/075

Enactment date: 9/22/1995

Int. No. 587-A

By Council Members DiBrienza, Clarke, Duane, Freed, Henry, Koslowitz, Linares and Watkins; also Council Members Cruz, Eisland, Michels and Ruiz

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to the department of homeless services and coordination by such department with the department of social services

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 4. This local law shall be effective immediately and shall be deemed in full force and effect on September 6, 1995; provided, however, that section 21-125 of the administrative code of the city of New York as added by section three of this local law and the department of homeless services as established by chapter 24-A of the New York city charter and chapter 3 of title 21 of the administrative code of the city of New York as amended by sections one and two of this local law shall expire on July 1, 1998 and the functions, powers and duties of the department of homeless services set forth in chapter 24-A of the New York city charter and chapter 3 of title 21 of the administrative code of the city of New York as amended by sections one and two of this local law, including section 21-309 prohibiting referrals to non-compliant hotel units, shall devolve upon the department of social services; provided, however, that if the commissioner of the department of homeless services fails to eliminate the use of all non-compliant hotel units for the purposes of housing homeless families with children by September 30, 1996, then section 21-125 of the administrative code of the city of New York as added by section three of this local law and the department of homeless services as established by chapter 24-A of the New York city charter and chapter 3 of title 21 of the administrative code of the city of New York as amended by sections one and two of this local law shall expire on October 1, 1996 and the functions, powers and duties of the department of homeless services set forth in chapter 24-A of the New York city charter and chapter 3 of title 21 of the administrative code of the city of New York as amended by sections one and two of this local law, including section 21-309 prohibiting referrals to non-compliant hotel units, shall devolve upon the department of social services. Notwithstanding the foregoing requirement to eliminate the use of all non-compliant hotel units for the purposes of housing homeless families with children by September 30, 1996, if such use is necessary to comply with a court order as authorized pursuant to section 21-309 of the administrative code of the city of New York as added by this local law, then section 21-125 of the administrative code of the city of New York as added by section three of this local law and the department of homeless services as established by chapter 24-A of the New York city charter and chapter 3 of title 21 of the administrative code of the city of New York as amended by sections one and two of this local law shall not expire on October 1, 1996.

L.L. 1995/076

Enactment date: 9/28/1995

Int. No. 628

By Council Members Pinkett and Pagan (by the request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to certain offenses classified as violations under the penal law

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 12. This local law shall take effect immediately and shall expire and be of no further force or effect as of March 1, 1996, provided, however, that in the event the effectiveness of the amendments made to section 31 of the New York City criminal court act by section 206 of chapter 83 of the laws of 1995 is enjoined by reason of a temporary restraining order or preliminary injunction issued prior to October 1, 1995, such that the city of New York may continue after such date to prosecute in the criminal court of the city of New York violations of the administrative code of the city of New York which are not classified as misdemeanors, it shall not take effect for so long as such temporary restraining order or preliminary injunction remains in effect; and provided, further, that such expiration and repeal as of March 1, 1996 shall not apply to any actions, proceedings or charges commenced or filed, or for which arrests were made or any other form of process issued, prior to such date.

L.L. 1995/077

Enactment date: 10/24/1995

Int. No. 599-A

By Council Members Berman, DeMarco, Henry, and Pagan (by the request of the Mayor); also Council Members Fisher, Leffler and Eristoff

A Local Law to amend the charter of the city of New York, and the administrative code of the city of New York, in relation to creating a department of design and construction, and, in furtherance thereof, amending procedures relating to scope of projects, review by the art and landmarks preservation commissions and community boards

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 18. Any agency or officer to which are assigned by or pursuant to sections one through six and sections thirteen through sixteen of this local law any functions, powers and duties shall exercise such functions, powers and duties in continuation of their exercise by the agency or officer by which the same were heretofore exercised and shall have power to continue any business, proceeding or other matter commenced by the agency or officer by which such functions, powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to the subject matter of such functions, powers or duties, and applicable to the agency or officer formerly exercising the same shall, so far as not inconsistent with the provisions of this local law, apply to the agency or officer to which such functions, powers and duties are assigned by or pursuant to this local law.

§ 19. Any rule or regulation in force on the effective date of this local law, and promulgated by an agency or officer whose power to promulgate such type of rule or regulation is assigned by or pursuant to sections one through six and sections thirteen through sixteen of this local law to some other agency or officer, shall continue in force as the rule or regulation of the agency or officer to whom such power is assigned, except as such other agency or officer may hereafter duly amend, supersede or repeal such rule or regulation.

§ 20. If any of the functions, powers or duties of any agency or part thereof is by or pursuant to sections one through six and sections thirteen through sixteen of this local law assigned to another agency, all records, property and equipment relating to such transferred function, power or duty shall be transferred and delivered to the agency to which such function, power or duty is so assigned.

§ 21. No existing right or remedy of any character accruing to the City shall be lost or impaired or affected by reason of the adoption of this local law.

§ 22. No action or proceeding, civil or criminal, pending at the time when this local law shall take effect, brought by or against the city or any agency or officer, shall be affected or abated by the adoption of this local law or by anything herein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer party thereto may by or pursuant to this local law be assigned or transferred to another agency or officer, but in that event the same may be prosecuted or defended by the head of the agency or the officer to which such functions, powers and duties have been assigned or transferred by or pursuant to this local law.

§ 23. Whenever by or pursuant to any provision of sections one through six and sections thirteen through sixteen of this local law functions, powers or duties may be assigned to any agency or officer which have been heretofore exercised by any other agency or officer, officers and employees in the classified city civil service who are engaged in the performance of such functions, powers or duties may be transferred to the agency to which such functions, powers or duties may be assigned by or pursuant to this local law.

§ 24. Any license, permit or other authorization in force on the effective date of this local law, and issued by an agency, where the power of such agency to issue such license, permit or authorization is assigned by or pursuant to sections one through six and sections thirteen through sixteen of this local law to another agency or officer, shall continue in force as the license, permit or authorization of such other agency, or officer, except as such license, permit or authorization may expire or be altered, suspended or revoked by the appropriate agency or office pursuant to law. Such license, permit or authorization shall be renewable in accordance with the applicable law by the agency or officer with such power pursuant to law, including this local law.

§ 25. The provisions of this local law shall be severable and if any phrase, clause, sentence, paragraph, subdivision or section of this local law, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of this local law and the application thereof shall not be affected thereby.

§ 26.   a.   No later than eighteen months from the effective date of this local law, the department of design and construction shall assume jurisdiction over design and construction work now performed by the division of design and construction services of the department of general services, design and construction work relating to streets and highways now performed by the department of transportation, and design and construction work relating to sewers and water mains now performed by the department of environmental protection, and no later than thirty-six months from the effective date of this local law, the department of design and construction shall assume jurisdiction over design and construction work relating to buildings now performed by the department of parks and recreation and design and construction work relating to garages now performed by the department of sanitation.

   b.   Notwithstanding subdivision a of this section, if the mayor, pursuant to subdivision b of section 1202 of the New York city charter, assigns to any agency other than the department of design and construction work described in subdivision a of this section, the mayor shall notify the council at least thirty days prior to the later of (1) the date by which the department of design and construction would otherwise have assumed such jurisdiction pursuant to subdivision a of this section, or (2) the date that the assignment is to take effect.

§ 27. This local law shall take effect thirty days after its enactment into law, provided that:

   (1)   the mayor may confer jurisdiction over pending construction projects or over categories of construction projects to the agency that had jurisdiction over such projects prior to the effective date of this local law to the extent and for the period the mayor deems appropriate except as provided in section twenty-six of this local law;

   (2)   that sections seven, eight, nine and twelve of this local law shall not apply to matters submitted to the art commission prior to the effective date of this local law; and

   (3)   that section ten of this local law shall not apply to matters submitted to a community board prior to the effective date of this local law.

L.L. 1995/079

Enactment date: 11/8/1995

Int. No. 633

By Council Members Koslowitz and Stabile (by the request of the Mayor); also Council Members Wooten and Cruz

A Local Law to amend local law 112 for the year 1993, in relation to the towing of vehicles and the removal of accident vehicles

Be it enacted by the Council as follows:

Section 1. Section 27 of local law 112 for the year 1993 is amended to read as follows:

§ 27. The commissioner of consumer affairs shall submit a report to the council on the implementation of the special accident response districts designated pursuant to section 20-518.1 of the administrative code of the city of New York, as added by section twenty-one of this local law, no later than [one year after the effective date of the first special accident response district designated by the commissioner pursuant to such section 20-518.1, which effective date shall be prescribed by rule of the commissioner] August 1, 1996. No later than [sixty] thirty days after the commissioner of consumer affairs has submitted such report to the council, the mayor shall submit to the council any proposed legislation necessary to implement such report's recommendations. No later than [one hundred twenty] sixty days after the commissioner of consumer affairs has submitted such report to the council, the council's consumer affairs committee shall conduct a hearing to review the effectiveness of special accident response districts and to consider legislation proposed by the mayor, if any, to implement the report's recommendations.

§ 2. Section 28 of local law 112 for the year 1993 is amended to read as follows:

§ 28. This local law shall take effect one hundred twenty days after it shall have been enacted into law, provided, however, that sections six, ten, thirteen, fifteen, seventeen, twenty, twenty-one and twenty-four shall expire and shall be of no further force and effect [eighteen months after the effective date of the first special accident response district designated by the commissioner of consumer affairs pursuant to section 20-518.1 of the administrative code of the city of New York, as added by section twenty-one of this local law, which effective date shall be prescribed by rule of the commissioner, provided, however, that if the effective date of the first special accident response district is more than sixty days after the effective date of this local law, such sections shall expire and be of no further force and effect eighteen months after the effective date of this local law,] on October 28, 1996, and, provided, further, that the commissioner of consumer affairs may promulgate any necessary rules and take any other actions necessary for the timely implementation of this local law prior to such effective date.

§ 3. This local law shall take effect immediately and shall be retroactive to and shall be deemed to have been in full force and effect on October 28, 1995.