Loading...
Editor's note: this section has been amended by L.L. 2025/004, 1/13/2025, eff. 7/1/2025.
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
"Administering agency" means one or more agencies designated by the mayor to administer the program or components thereof established by this section. The department of education, with its concurrence, may be designated as an administering agency. The city and such department may enter into an agreement in furtherance of the implementation of this section.
"Allowable costs" means (i) security guard wages equal to the prevailing wage and supplements, subject to provisions of this section governing the reimbursement of such costs, and (ii) reasonable costs, as established by rules promulgated by the administering agency, paid by qualifying nonpublic schools to security guard companies. "Allowable costs" shall include the cost of training that may be required pursuant to this section, but only to the extent that such training is not otherwise required by article 7-A of the general business law or any other federal, state, or local law or regulation, and shall not include any costs for overtime that are greater than fifteen percent of the non-overtime security wages reimbursed to a qualifying nonpublic school.
"City" means the city of New York.
"Prevailing wage and supplements" means the rate of wage and supplemental benefits per hour paid in the city to unarmed security guards as determined by the comptroller in accordance with section 234 of the labor law.
"Qualifying nonpublic school" means any nonprofit elementary or secondary school in the city, other than a public school, which is providing instruction in accordance with the education law, has been assigned a Basic Educational Data System (BEDS) code by the New York state department of education, or a similar successor identifier, and is serving students in any combination of grades pre-kindergarten through twelve.
"Qualified provider list" means a list of security guard companies that meet standards established by the administering agency to provide security services to nonpublic schools, which may include, but shall not be limited to, performance, training and other qualification standards.
"Security guard" means an unarmed individual with a current and valid registration card issued in accordance with article 7-A of the general business law, authorizing such individual to perform security services in New York.
"Security guard company" means a company licensed to provide security guards under contract to other entities pursuant to article 7 of the general business law.
"Security services" means the unarmed protection of individuals and/or property from harm or other unlawful activity, as well as, prevention, deterrence, observation, detection and/or reporting to government agencies of unlawful activity or conditions that present a risk to the safety of students, staff or the public.
b. Nonpublic school security guard reimbursement program. The mayor may authorize a program to reimburse qualifying nonpublic schools for the cost of security services as set forth in this section upon determining that such program would enhance public safety, in which case the remaining provisions of this section shall be applicable.
c. The mayor shall designate an administering agency to administer the program.
d. The administering agency shall establish a qualified provider list. Such list may be developed based upon standards to be promulgated by rule, or may be developed through a procurement to be conducted by such agency.
e. Upon request of a qualifying nonpublic school, the administering agency shall reimburse such qualifying nonpublic school for the allowable costs of a security guard to provide security services at such school at all times that such school is open for school-related instruction or school-related events, including, but not limited to, school-related after school programs and athletic events.
f. Except as set forth in subdivision g of this section, the administering agency shall provide reimbursement of the allowable costs for:
1. one security guard at a qualifying nonpublic school that enrolls from 300 to 499 students;
2. two security guards at a qualifying nonpublic school that enrolls at least 500 students; and
3. an additional security guard at a qualifying nonpublic school for each additional 500 students enrolled.
For purposes of this subdivision, students with respect to whom the city separately provides assistance that includes funding for security shall not be included in the reimbursement determination, and reimbursement for the services of one security guard during periods of school-related instruction or school-related events may include the costs of different individuals providing security services at different times. Further, the term "student" shall be deemed to refer to the full-time equivalent thereof, based upon a six hour and twenty-minute school day for a student.
g. Notwithstanding the provisions of subdivisions e and f, a qualifying nonpublic school shall not be eligible to receive reimbursement from the administering agency unless:
1. such request is made in a form and manner prescribed by the administering agency;
2. each such security guard is employed by a security guard company on the qualified provider list, provided that if such list has not been established by the administering agency or the list contains fewer than three security guard companies, then each such security guard must be employed by a security guard company;
3. each such security guard is paid no less than the prevailing wage and supplements;
4. each such security guard provides security services and no other services;
5. each such security guard and security guard company has been employed or retained in compliance with applicable labor and employment laws;
6. the nonpublic school, acting in coordination with the security guard or security guard company, reports criminal and other significant public safety-related incidents to the police department or other appropriate government agency promptly after such incidents occur and in annual summary reports, in accordance with rules promulgated by the administering agency; and
7. the nonpublic school complies with rules promulgated by the administering agency.
h. The administering agency shall provide reimbursement of allowable costs on a quarterly basis after receiving satisfactory proof from the qualified nonpublic school of compliance with the requirements for reimbursement set forth in this section.
i. The reimbursement authorized by this section shall not interfere with any rights a security guard has pursuant to any collective bargaining agreement.
j. Notwithstanding any provision to the contrary in this local law, the total annual amount of reimbursements authorized by this section shall be a maximum of $19,800,000 dollars per school year, which shall be adjusted annually by the administering agency, if such agency anticipates that such maximum will be reached in the subsequent one-year period, to reflect changes in the prevailing wage and supplements, the number of students attending qualifying nonpublic schools, or the number of qualifying nonpublic schools, provided that such reimbursements shall in no event exceed the amounts appropriated for implementation of this section. To the extent the administering agency anticipates that the amount requested for reimbursement will exceed the funds available, the administering agency shall reimburse for allowable costs on an equitable basis until such funds are exhausted.
k. Nothing in this section shall prohibit a qualifying nonpublic school from paying a wage to a security guard greater than that for which it receives reimbursement pursuant to this section.
l. The provision of reimbursement to a qualifying nonpublic school for allowable costs of a security guard pursuant to this section shall not make the city of New York or any administering agency the employer of such security guard, and such school shall be solely responsible for withholding and payment of any taxes and other government required payments. Further, nothing in this section shall be construed to relieve any qualifying nonpublic school of responsibility for all other elements of security that may be required or appropriate and are not funded pursuant to this section.
m. The administering agency may promulgate any rules as may be necessary for the purposes of carrying out the provisions of this section, including, but not limited to, rules (i) relating to the training of security guards, (ii) ensuring that security guards and security guard companies are appropriately qualified to provide security services to qualifying nonpublic schools, and (iii) providing for prompt reporting of criminal and other significant public safety-related incidents to the police department or other appropriate government agency as well as annual summary reports of such incidents.
(L.L. 2016/002, 1/5/2016, eff. 4/1/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/002.
Notwithstanding any inconsistent provision of law, the civil penalty for the violation of 56 RCNY § 1-05(f)(1), or any successor rule of the department of parks and recreation that prohibits or restricts the consumption or possession with intent to consume an open container of alcohol, shall be no greater than the civil penalties established by section 10-125 of the code.
(L.L. 2016/074, 6/13/2016, eff. 3/13/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/074.
a. As used in this section, the following terms have the following meanings:
Commissioner. The term "commissioner" means the commissioner of information technology and telecommunications.
Deaf and hard of hearing community. The term “deaf and hard of hearing community” means persons who are deaf, hard of hearing, or deaf-blind, and persons who are deaf plus.
Next Generation 911. The term "next generation 911" means an internet protocol based system that allows digital information, including voice, photos, videos, and text messages, to be transmitted from the public to emergency responders in accordance with any national 911 program standards or guidelines applicable pursuant to federal or state law.
Person who is deaf plus. The term “person who is deaf plus” means a natural person who is deaf or hard of hearing and has no less than 1 additional disability.
b. By no later than 6 months after the end of each fiscal year, the commissioner, in consultation with the police commissioner and fire commissioner, shall issue to the mayor and the speaker of the council, and make publicly available online, a report on the implementation of next generation 911 within the 911 emergency assistance system. Such report shall contain (i) a description of the current implementation plan, including planned next steps, (ii) a description of steps taken towards implementation since the prior report, (iii) a description of the feasibility of implementing a 911 text message transmission capability before full implementation of next generation 911, (iv) a description of any efforts to hire or retain an expert on accessibility for the deaf and hard of hearing community to assess the requirements for implementation of next generation 911, (v) information on the qualifications of any such experts hired or retained to assess such requirements, (vi) a description of any plans for informing the deaf and hard of hearing community on the availability of next generation 911, including 911 text message transmission capability, following implementation of next generation 911, and (vii) any other information the commissioner deems relevant.
c. Upon determining that next generation 911 has been fully implemented or that no further implementation will occur, the commissioner shall issue to the mayor and the council, and make publicly available online, a final report under subdivision b of this section and no further reports shall be required. Such final report shall include a conspicuous statement that it is a final report pursuant to this subdivision.
(L.L. 2016/078, 6/28/2016, eff. 6/28/2016; Am. L.L. 2017/089, 5/30/2017, eff. 5/30/2017; Am. L.L. 2025/022, 3/15/2025, eff. 3/15/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/078.
a. Definitions. As used in this section:
Covered employee. The term “covered employee” means an employee of the city who is authorized to issue a notice of violation on behalf of the city, other than an employee of the police department, a firefighter, or a fire marshal.
Business card. The term “business card” means a pre-printed or handwritten paper containing a covered employee’s identifying information.
Electronic business card. The term “electronic business card” means a digital file or link to a website containing a covered employee’s identifying information.
Identifying information. The term “identifying information” means a covered employee’s name and agency, and a telephone number and e-mail address that can be used to communicate with the agency.
Notice of violation. The term “notice of violation” shall have the same meaning as the definition contained in section 1-112 of this code.
b. Whenever a covered employee, acting in their official capacity, questions a natural person, such covered employee shall respond to a request for identifying information from such person with any of the following forms of identification:
1. A business card;
2. An electronic business card; or
3. Verbal provision of identifying information to such natural person, allowing such person sufficient time to record such information; provided that this form is utilized only when such covered employee is unable to provide such information in any of the other forms authorized by this subdivision or such person is unable to access an electronic business card.
c. Any business card or electronic business card used by a covered employee to comply with this section shall, in addition to identifying information, include a phone number and digital contact information, if applicable, for the agency to receive comments or the 311 customer service center and an indication that such phone number and contact information may be used to submit comments about the encounter between such covered employee and such person.
d. Each agency that employs covered employees shall ensure that covered employees have adequate information and support necessary to comply with subdivision b of this section.
e. A covered employee shall not be required to comply with subdivision b of this section where:
1. Such covered employee is engaged in an agency-approved undercover activity or operation;
2. Exigent circumstances require immediate action by such employee; or
3. Such identifying information has been made available to the natural person who requested such information through a certificate of inspection, notice of violation, formal warning, request for corrective action, or similar communication.
f. Nothing in this section or in the implementation thereof shall be construed to:
1. Restrict or limit any activity or proceeding regulated by the criminal procedure law or any other state law; or
2. Create a private right of action on the part of any persons or entity against the city of New York, any agency or any official or employee thereof.
(L.L. 2023/141, 10/29/2023, eff. 4/26/2024)
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
Coordinating agency. The term "coordinating agency" means the agency designated by the mayor to coordinate and oversee implementation of the requirements of this section.
Geographic area. The term "geographic area" means an area no larger than a community district.
Quality of life condition. The term "quality of life condition" means a condition that has an adverse effect on the quality of life for residents and visitors in a geographic area, including but not limited to a condition involving sanitation, transportation, social services, public health, or public safety, as determined by the coordinating agency.
b. Commencing September 1, 2016, and on or before September 1 annually thereafter, the coordinating agency shall review requests from council members, community boards, business improvement districts, and any other sources as determined by the coordinating agency, and develop a priority list of no less than three geographic areas that the coordinating agency deems would benefit from inter-agency collaboration to address and improve quality of life conditions in such areas. The coordinating agency shall create and execute plans in coordination with the appropriate agencies to address the quality of life conditions in such geographic areas, which shall include but not be limited to visits to such areas and community meetings, provided that such plans in no way restrict any power or authority granted by law to a city agency or officer or employee of any city agency. On March 1, 2017, and annually thereafter, the coordinating agency shall report to the council and make publicly available online a written description of the implementation of such plans.
(L.L. 2016/102, 8/31/2016, eff. 8/31/2016; Am. L.L. 2017/089, 5/30/2017, eff. 5/30/2017)
a. As used in this section:
Administering agency. The term "administering agency" means the offices or agencies designated by the mayor, pursuant to subdivision g of this section, to administer and enforce the provisions of this section.
Covered business. The term "covered business" means any sole proprietorship, partnership, association, joint venture, corporation or other form of business organization which opens its facilities to the general public for the sale and purchase of goods or services.
Multi-line telephone system. The term "multi-line telephone system" means a system accessible to the general public comprised of common control units, telephone sets, control hardware and software and adjunct systems which enables users to make and receive telephone calls using shared resources such as telephone network trunks or data link bandwidth. The term "multi-line telephone system" includes, but is not limited to, (i) network-based and premises-based systems, such as centrex services, (ii) premises-based, hosted and cloud-based voice over internet protocols, (iii) private branch exchanges, (iv) key telephone systems, and (v) hybrid key telephone systems.
b. Each multi-line telephone system installed for operation by a covered business or the city on or after the effective date of the local law that added this section shall be configured to allow a person initiating a 911 call on such system to directly access 911 service by dialing the digits 911 without any additional code, digit, prefix, postfix or trunk-access code.
c. By May 1, 2019, each existing multi-line telephone system operated by a covered business or the city shall be configured to allow a person initiating a 911 call on such system to directly access 911 service by dialing the digits 911 without any additional code, digit, prefix, postfix or trunk-access code.
d. Each (i) multi-line telephone system installed for operation by a covered business or the city on or after the effective date of the local law that added this section, and (ii) by May 1, 2019, each existing multi-line telephone system operated by a covered business or the city shall be configured to provide, to a centralized location on such system, notification of any 911 call made on such system.
e. Prior to configuration or in the course of investigation under subdivision f of this section, a covered business or the city may schedule and conduct a test call for their multi-line telephone system to ensure such system can directly access 911 service by dialing the digits 911 without any additional code, digit, prefix, postfix or trunk-access code. Any such test call must be scheduled with and conducted in conjunction with the police department.
f. 1. Upon receipt of a complaint alleging that a covered business has failed to comply with this section or rules promulgated thereunder, the administering agency shall investigate such allegation.
2. Upon substantiating such allegation, such agency shall issue a notice of violation, in a form and manner established by such agency, to such covered business. In addition to any other information prescribed by such agency, such notice shall state that, if within 30 days after issuance of such notice, the condition giving rise to such violation is corrected and such covered business files with such agency, in a form and manner established by such agency, a certification that such condition has been corrected, then such covered business shall not be subject to a civil penalty for such violation.
3. If such covered business fails to correct such condition within 30 days after issuance of such notice or fails to file with the administering agency a certification in accordance with paragraph 2 of this subdivision, such covered business shall be subject to a civil penalty of not less than $250 for the first violation and not less than $500 for each subsequent violation, provided that:
(a) Such covered business shall not be subject to a civil penalty for such violation if (i) such covered business establishes that the requirements of such subdivision would be unduly and unreasonably costly for such covered business to comply with and (ii) such covered business identifies the manufacturer and model number of the multi-line telephone system that needs to be reprogrammed or replaced and establishes that such covered business made a good faith attempt to reprogram or replace the system; and
(b) No covered business shall be subject to more than one violation for the same multi-line telephone system in any 10-day period.
4. The administering agency may recover such penalties in an action in any court of appropriate jurisdiction or in a proceeding before an authorized tribunal of the office of administrative trials and hearings.
g. The mayor shall, in writing, designate one or more offices or agencies to administer and enforce the provisions of this section and may, from time to time at the mayor's discretion, change such designation. Within 10 days after such designation or change thereof, a copy of such designation or change thereof shall be published on the city's website and on the website of each such office or agency, and shall be electronically submitted to the speaker of the council.
(L.L. 2017/089, 5/30/2017, eff. 5/30/2017)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Security guard. The term "security guard" means a person as defined by subdivision 6 of section 89-f of the general business law.
Security guard company. The term "security guard company" means a company licensed to provide security guards under contract to other entities pursuant to article 7 of the general business law.
b. Digital video surveillance cameras. a. The owner of an eating or drinking establishment that (i) operates pursuant to a permitted use under use group 12, section 32-21 of the zoning resolution, as indicated in such establishment's certificate of occupancy or place of assembly certificate of operation; and (ii) is required to have a license to sell liquor at retail pursuant to the alcohol beverage control law, shall equip all entrances and exits used by patrons with digital video surveillance cameras that comply with the following provisions:
1. The video surveillance cameras shall be digital in nature and shall be of sufficient number, type, placement and location to view and record all activity in front of and within 15 feet of either side of each entrance or exit;
2. The video surveillance cameras shall be sufficiently light sensitive and provide sufficient image resolution (supported by additional lighting if necessary) to produce easily discernible images recorded at all times;
3. The video surveillance cameras shall record at a minimum speed of fifteen frames per second;
4. The video surveillance camera images shall be capable of being viewed through use of appropriate technology, including but not limited to a computer screen or closed circuit television monitor;
5. The video surveillance camera or the system affiliated with such camera shall be capable of transferring the recorded images to a portable form of media, including but not limited to compact disc, digital video disc, universal serial bus, secure digital card or portable hard drive;
6. The video surveillance cameras shall not have an audio capability;
7. The video surveillance cameras shall be maintained in good working condition;
8. The video surveillance cameras shall be in operation and recording continuously during all hours of operation and for two hours after such establishment closes;
9. The recordings made by video surveillance cameras installed and maintained pursuant to this section shall be indexed by dates and times and preserved for a minimum of 30 days so that they may be made available to the police department and other government agencies acting in furtherance of a criminal investigation or a civil or administrative law enforcement purpose;
10. All recordings made by video surveillance cameras installed and maintained pursuant to this section while in the possession of such establishment shall be stored in a locked receptacle located in a controlled access area or, if such video recordings are in digital format, in a password-protected digital storage, to which only authorized personnel have access, or shall otherwise be secured so that only authorized personnel may access such video recordings. All personnel authorized to access such video recordings must certify in writing that they have been informed on the appropriate use and retention of recordings as set forth in this section, and on the legal issues associated with video surveillance and the use and retention of recordings. Such establishment shall keep a log of all instances of requests for, access to, dissemination and use of, recorded materials made by video surveillance cameras installed and maintained pursuant to this section; and
11. Signage shall be posted to notify the public of the use of video surveillance equipment so that the public has sufficient warning that surveillance is in operation.
c. Security guards.
1. An eating or drinking establishment that (i) operates pursuant to a permitted use under use group 12, section 32-21 of the zoning resolution, as indicated in such establishment's certificate of occupancy or place of assembly certificate of operation; (ii) is required to have a license to sell liquor at retail pursuant to the alcohol beverage control law; and (iii) employs or retains the services of one or more security guards or a security guard company, shall maintain and make available during all hours of operation, proof that each such security guard is registered pursuant to article 7-A of the general business law or that such security guard company is licensed pursuant to article 7 of the general business law.
2. Such establishment shall maintain a roster of all security guards working at any given time when such establishment is open to the public, and shall require each security guard to maintain on his or her person proof of registration at all times when on the premises.
3. There shall be a rebuttable presumption that a person employed or whose services are retained at such establishment whose job functions include (i) the monitoring or guarding of the entrance or exit of such nightclub to manage ingress and egress to such establishment for security purposes during the hours of operation of such establishment and/or (ii) protection of such establishment from disorderly or other unlawful conduct by such patrons is a security guard, provided, however, that such rebuttable presumption shall not apply to the owner of such establishment.
4. Any violation of this subdivision may be reported to the state liquor authority.
d. Exemptions. This section does not apply to:
1. Premises owned, occupied and used exclusively by a membership corporation, club, society or association, provided such membership corporation, club, society or association was in actual existence prior to January 1, 1926.
2. Premises owned, occupied and used exclusively by a religious, charitable, eleemosynary or educational corporation or institution.
3. Premises licensed pursuant to subchapters one and three of chapter two of title 20.
e. An eating or drinking establishment that is required to comply with subdivisions b and c of this section shall make available to the police department, upon request, such establishment's certificate of occupancy or place of assembly certificate of operation.
f. Penalties. Any violation of this section shall be subject to a civil penalty of not more than $1,000 for each such violation, except that the use or dissemination of recordings made by video surveillance cameras installed and maintained pursuant to subdivision b of this section in violation of the penal law or section 50 of the civil rights law shall result in a civil penalty of not less than $5,000 nor more than $50,000.
(L.L. 2017/214, 11/27/2017, eff. 3/27/2018)
a. Definitions. As used in this section, the following terms have the following meanings:
City property. The term "city property" means any real property leased or owned by the city that serves a city governmental purpose and over which the city has operational control.
Immigration enforcement. The term "immigration enforcement" means the enforcement of any civil provision of the immigration and nationality act and any provision of such law that penalizes a person's presence in, entry into, or reentry into the United States.
b. No agency shall subject its officers or employees to the direction and supervision of the secretary of homeland security primarily in furtherance of immigration enforcement.
c. No city resources, including, but not limited to, time spent by employees, officers, contractors, or subcontractors while on duty, or the use of city property, shall be utilized for immigration enforcement.
d. Whenever any city officer or employee receives a request from a non-local law enforcement agency for the city to provide support or assistance intended to further immigration enforcement, such officer or employee's agency shall make a record relating to such request, including any response or actions taken in response. An office of the mayor, or an agency the head of which is appointed by the mayor, shall be designated by the mayor to submit to the speaker of the council a quarterly report containing an anonymized compilation or summary of such requests and actions taken in response, disaggregated by the requesting non-local law enforcement agency and the agency receiving such a request; provided, however, disclosure of any such information shall not be required if: (i) such disclosure would interfere with law enforcement investigations or (ii) such disclosure is related to actions taken pursuant to clause (i) of subdivision e of this section and would compromise public safety. Such report shall not be required to include information contained in reports required pursuant to section 9-131, 9-205, or 14-154.
e. Nothing in this section shall prohibit city officers and employees from performing their duties in accordance with state and local law by, including, but not limited to: (i) participating in cooperative arrangements with city, state, or federal law enforcement agencies that are not primarily intended to further immigration enforcement or utilizing city resources in connection with such cooperative arrangements and (ii) taking actions consistent with sections 9-205, 9-131, and 14-154. In addition, nothing in this section shall prevent any city officer or employee from complying with federal law or restrict their discretion to take any action if such restriction is prohibited by federal law.
(L.L. 2017/228, 12/1/2017, eff. 1/30/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/228.
a. Prohibition. A person is guilty of disorderly behavior when, with intent to cause public inconvenience, annoyance or alarm, or recklessly or with criminal negligence creating a risk thereof, such person:
1. Engages in fighting or in violent, tumultuous or threatening behavior;
2. Makes unreasonable noise;
3. In a public place, uses abusive or obscene language, or makes an obscene gesture;
4. Without lawful authority, disturbs any lawful assembly or meeting of persons;
5. Obstructs vehicular or pedestrian traffic;
6. Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
7. Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
b. Criminal penalty. The violation of subdivision a of this section constitutes an offense punishable by imprisonment of up to 5 days or a fine of up to 200 dollars.
c. Civil penalty. Any person who violates subdivision a of this section shall be liable for a civil penalty of up to 75 dollars, which may be recoverable in a proceeding before the office of administrative trials and hearings, pursuant to chapter 45-A of the charter.
(L.L. 2017/229, 12/1/2017, eff. 12/1/2017; Am. L.L. 2018/192, 12/1/2018, eff. 3/1/2019)
Loading...