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(a) No person other than the owner of a building or structure, the duly authorized agent of such owner, or an appropriate legal authority shall destroy or remove any part of such building or structure.
(b) No person shall transport through, along or across a public street or way used materials or parts of buildings or structures, including but not limited to, piping, heating equipment, wiring, or other fixtures, windows or parts thereof, doors, radiators, bricks, wood beams or other parts, unless such person shall possess a bill of sale or other proper proof of ownership or right to possession of same signed by the owner of the building or structure, or one authorized by an appropriate legal authority.
(c) No dealer in junk or used materials shall purchase used materials or parts of buildings or structures, including but not limited to, piping, heating equipment, wiring, or other fixtures, windows or parts thereof, doors, radiators, bricks, wood beams or other parts, unless such dealer shall obtain at the time of purchase a bill of sale or other proper proof of ownership or right of possession of same signed by the owner of the building or structure from which said materials were taken, or by the duly authorized agent of such owner or by an appropriate legal authority.
(d) Any person who violates this section shall be guilty of a misdemeanor punishable by a fine not more than five hundred dollars or imprisonment for not more than three months, or both.
a. Except as provided in subdivision d of this section, no person shall remove, or transport through, along or across a public street, any manhole cover, including but not limited to the cover of an opening in the ground, street or sidewalk used by a public utility or authority to access underground vaults, structures, installations, or other enclosed space; or the cover of such an opening that is part of a sewer system, fuel storage system, or water supply system.
b. Any person who violates any provision of this section shall be liable for a civil penalty of not less than two thousand five hundred dollars nor more than ten thousand dollars. A notice of violation issued pursuant to this section shall be returnable to the environmental control board, which shall have the power to impose such civil penalty.
c. In addition to the civil penalties set forth in subdivision b of this section, any person who knowingly violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than ten thousand dollars, or imprisonment not exceeding thirty days, or both for each violation.
d. The prohibition in this section shall not apply to the owner of such cover, the duly authorized agent of such owner, or an appropriate legal authority.
a. It shall be unlawful for any person to paste, post, paint, print, nail or attach or affix by any means whatsoever any handbill, poster, notice, sign, advertisement, sticker or other printed material upon any curb, gutter, flagstone, tree, lamppost, awning post, telegraph pole, telephone pole, public utility pole, public garbage bin, bus shelter, bridge, elevated train structure, highway fence, barrel, box, parking meter, mail box, traffic control device, traffic stanchion, traffic sign (including pole), tree box, tree pit protection device, bench, traffic barrier, hydrant, public pay telephone, city-owned grassy area adjacent to a street, any personal property maintained on a street or other city-owned property pursuant to a franchise, concession or revocable consent granted by the city or other such item or structure in any street, or to direct, suffer or permit any servant, agent, employee or other person under his or her control to engage in such activity; provided, however, that this section shall not apply to any handbill, poster, notice, sign, advertisement, sticker or other printed material so posted by or under the direction of the council, or by or under the direction of any city agency, or pursuant to a franchise, concession or revocable consent granted pursuant to chapter fourteen of the charter.
b. There shall be a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on any handbill, poster, notice, sign, advertisement, sticker or other printed material on any item or structure described in subdivision a of this section in any street violated this section by either (i) pasting, posting, painting, printing, nailing or attaching or affixing by any means whatsoever such handbill, poster, notice, sign, advertisement, sticker or other printed material, or (ii) directing, suffering or permitting a servant, agent, employee or other individual under such person's control to engage in such activity.
c. There shall be a rebuttable presumption that if a telephone number that appears on any handbill, poster, notice, sign or advertisement placed 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 section 10-121.
d. 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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/068.
It shall be unlawful for any person to tear down, deface or destroy any notice, handbill, sign, advertisement, poster, sticker or other printed material, put up or posted by, or under the direction of the council, or by or under the direction of any city agency or pursuant to a franchise, concession or revocable consent granted pursuant to chapter fourteen of the charter.
a. Any person convicted of a violation of any of the provisions of section 10-119 or 10-120 of the code shall be punished by a fine of not less than seventy-five dollars nor more than one hundred fifty dollars, for the first offense and not less than one hundred fifty dollars nor more than two hundred fifty dollars for the second and each subsequent offense within a twelve month period, plus the cost of the removal of the unauthorized signs, imprisonment for not more than ten days, or both; provided, however, that subdivision b of section 10-119 of the code shall not apply with respect to criminal prosecutions brought pursuant to this subdivision.
b. In the instance where the notice of violation, appearance ticket or summons is issued for breach of the provisions of section 10-119 of the code and sets forth thereon civil penalties only, such process shall be returnable to the environmental control board, which shall have the power to impose the civil penalties of seventy five dollars for the first offense and one hundred fifty dollars for the second and each subsequent offense within a twelve month period. Anyone found to have violated the provisions of section 10-119, in addition to any penalty imposed, shall be responsible for the cost of the removal of the unauthorized signs. Anyone found to have violated section 10-119 of this chapter by affixing any handbill, poster, notice, sign or advertisement to a tree by means of nailing or piercing the tree by any method shall have an additional penalty imposed equal to the amount of the original penalty.
c. In the instance where the notice of violation, appearance ticket or summons is issued for breach of the provisions of section 10-120 of the code and sets forth thereon civil penalties only, such process shall be returnable to the environmental control board, which shall have the power to impose a civil penalty of not less than seventy five dollars nor more than one hundred fifty dollars for the first offense and not less than one hundred fifty dollars nor more than two hundred fifty dollars for the second and each subsequent offense within a twelve month period. Anyone found to have violated the provisions of section 10-120, in addition to any penalty imposed, shall be responsible for the cost of the removal of the signs that were torn down, defaced or destroyed.
d. In the event that a violator fails to answer such notice of violation, appearance ticket or summons within the time provided therefor by the rules and regulations of the environmental control board, he or she shall become liable for additional penalties. The additional penalties shall not exceed fifty dollars for each violation.
f. Liability and responsibility for any civil penalty imposed pursuant to this section for any violation of section 10-119 or 10-120 of the code shall be joint and severable on the part of any corporation found to be liable and responsible and its officers, principals, and stockholders owning more than ten percent of its outstanding voting stock.
g. For the purposes of imposing a criminal fine or civil penalty pursuant to this section, every handbill, poster, notice, sign or advertisement pasted, posted, painted, printed or nailed in violation of section 10-119 of the code or torn down, defaced or destroyed in violation of section 10-120 of the code, 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. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
The mayor, upon the recommendation of the sanitation commissioner, the transportation commissioner, the parks and recreation commissioner, the citywide administrative services commissioner or the police commissioner, shall be authorized to offer and pay a reward in an amount not exceeding five hundred dollars to any person who provides information leading to the criminal conviction of any person who may have violated the provisions of section 10-119 or section 10-120 of the code. No police officer, peace officer or any other law enforcement officer, and no officer, official or employee of the city of New York shall be entitled, directly or indirectly, to collect or receive any such reward.
It shall be unlawful for any person to operate a motor boat within three hundred feet of any public beach used by bathers. Any person who shall violate or refuse to comply with the provisions of this section shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars or by imprisonment not exceeding three months or by both such fine and imprisonment.
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