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a. Definitions. As used in this section, the following terms have the following meanings:
Daylighting. The term "daylighting" means street design elements for enhancing visibility of cross traffic and pedestrians for motorists approaching an intersection.
Daylighting barrier. The term "daylighting barrier" means a physical object that prevents vehicles from occupying the portion of a city street where daylighting has been implemented pursuant to this section, but that does not obstruct visibility for motorists, pedestrians, and cyclists, such as planters or bicycle corrals.
High priority intersection. The term "high priority intersection" means an intersection designated by the commissioner based on a consideration of factors, including but not limited to the number of serious vehicular crashes occurring at such intersection each year.
Serious vehicular crash. The term "serious vehicular crash" means any collision between a motor vehicle and a pedestrian, cyclist, motorist or any other person that results in significant injury to or the death of any person.
Significant injury. The term "significant injury" means any injury categorized as an "A" injury by the New York state department of motor vehicles, or any injury which requires hospitalization, or any other injury as determined by the department.
b. No later than May 1, 2024, the department shall complete a study of the safety benefits provided by daylighting and post such study on the department's website. Such study shall include, but need not be limited to:
1. An assessment of the types of intersections where the implementation of daylighting or daylighting barriers is most effective at enhancing safety, including an assessment of whether daylighting or daylighting barriers should be implemented at intersections located on roadways or portions of roadways that are designated as part of a truck route pursuant to section 4-13 of title 34 of the rules of the city of New York; and
2. A description of the factors that should be considered to determine whether daylighting or daylighting barriers should be implemented at an intersection, including but not limited to whether an intersection is a high priority intersection.
c. Beginning January 1, 2025, each year the department shall implement daylighting at a minimum of 100 intersections where daylighting is not already implemented. Such intersections shall be determined by the department based on a consideration of the factors described pursuant to paragraph 2 of subdivision b of this section.
d. Whenever the commissioner determines it is feasible and will meaningfully contribute to the safety of motorists, pedestrians, or cyclists, in addition to daylighting an intersection, the department shall install daylighting barriers within that portion of the street where daylighting has been implemented in order to prevent vehicles from occupying the space.
e. Notwithstanding subdivision c of this section, the commissioner shall not be required to install daylighting at any intersection where such installation would, in the commissioner's judgement, endanger the safety of motorists, pedestrians, or cyclists, or otherwise not be in the public interest based on a consideration of the factors described pursuant to paragraph 2 of subdivision b of this section.
f. The commissioner may cease the implementation of daylighting as provided in subdivision c of this section on or after January 1, 2030, provided that the commissioner determines that such implementation would not meaningfully contribute to the safety of motorists, pedestrians, or cyclists. The department shall inform the speaker of the council in writing of such determination and the reasons therefore; provided, however, that the commissioner may continue to install daylighting at any intersection after such determination, at the commissioner's discretion.
g. No later than February 1, 2026, and annually thereafter, the commissioner shall submit to the mayor and the speaker of the council, and post on the department's website, a report on the implementation of daylighting during the prior year pursuant to this section. Such report shall include, but need not be limited to:
1. Every intersection, disaggregated by borough and council district, at which the department implemented daylighting during the prior year; and
2. Every intersection, disaggregated by borough, at which the department discontinued or removed daylighting during the prior year, and an explanation describing the reason for such discontinuance or removal.
h. The report required by subdivision g of this section may be submitted as part of the update required to be submitted pursuant to paragraph 2 of subdivision d of section 19-199.1 of this code, provided that such report shall not be required following a determination to cease the implementation of daylighting pursuant to subdivision f of this section.
(L.L. 2023/066, 5/29/2023, eff. 5/29/2023; Am. L.L. 2023/171, 12/16/2023, eff. 12/16/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/171.
a. For purposes of this section:
(1) The term "bicycle" shall mean a two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by a child.
(2) The term "sidewalk" shall mean that portion of the street, whether paved or unpaved, between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. Where it is not clear which section is intended for the use of pedestrians the sidewalk will be deemed to be that portion of the street between the building line and the curb.
(3) The term "child" shall mean a person less than fourteen years of age.
b. No person shall ride a bicycle upon any sidewalk unless permitted by an official sign. A person who violates this subdivision may be issued a notice of violation and shall be liable for a civil penalty of not more than one hundred dollars which may be recovered in a proceeding before the environmental control board.
c. A person who violates subdivision b of this section in a manner that endangers any other person or property shall be guilty of a misdemeanor, punishable by a fine of not more than one hundred dollars or imprisonment for not more than twenty days or both such fine and imprisonment. Such person shall also be liable for a civil penalty of not less than one hundred dollars nor more than three hundred dollars, except where a hearing officer has determined that where there was physical contact between the rider and another person, an additional civil penalty of not less than one hundred dollars nor more than two hundred dollars may be imposed. Such civil penalties may be recovered in a proceeding before the environmental control board. Enforcement agents shall indicate on the summons or notice of violation issued pursuant to this subdivision whether physical contact was made between the rider and another person. Any person who violates any provision of this subdivision more than once within any six month period shall be subject to the imposition of civil penalties in an amount that is double what would otherwise have been imposed for the commission of a first violation. It shall be an affirmative defense that physical contact between a rider and another person was in no way the fault of the rider.
d. Where a summons or notice of violation is issued for a violation of subdivision c of this section, the bicycle may be seized and impounded.
e. A bicycle impounded pursuant to this section shall be released to the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set forth in the rules of the police department and proof of payment of any fine or civil penalty for the violation or, if a proceeding for the violation is pending in a court or before the environmental control board, upon the posting of a bond or other form of security acceptable to the police department in an amount which will assure the payment of such costs and any fine or civil penalty which may be imposed for the violation. If the court or the environmental control board finds in favor of the defendant or respondent, the owner shall be entitled forthwith to possession of the bicycle without charge or to the extent that any amount has been previously paid for release of the bicycle, such amount shall be refunded. The police department shall establish by rule the time within which bicycles which are not redeemed may be deemed abandoned and the procedures for disposal.
f. The owner of a bicycle shall be given the opportunity for a post seizure hearing within five business days before the environmental control board regarding the impoundment. The environmental control board shall render a determination within three business days after the conclusion of the hearing. Where the board finds that there was no basis for the impoundment, the owner shall be entitled forthwith to possession of the bicycle without charge or to the extent that any amount has been previously paid for release of the bicycle, such amount shall be refunded.
g. Upon the impoundment of a bicycle, the rider shall be given written notice of the procedure for redemption of the bicycle and the procedure for requesting a post seizure hearing. Where the rider of a bicycle is not the owner thereof notice provided to the rider shall be deemed to be notice to the owner. Where the defendant or respondent is less than eighteen years old such notice shall also be mailed to the parent, guardian or where relevant, employer of the respondent, if the name and address of such person is reasonably ascertainable.
h. In any proceeding under this section it shall be an affirmative defense that the defendant or respondent was less than fourteen years old at the time the violation was committed.
i. The provisions of this section may be enforced by the police department or designated employees of the department, the department of sanitation, the department of parks and recreation.
a. For purposes of this section:
(1) The term "in-line skate" shall mean a manufactured or assembled device consisting of an upper portion that is intended to be secured to a human foot, with a frame or chassis attached along the length of the bottom of such upper portion, with such frame or chassis holding two or more wheels that are longitudinally aligned and used to skate or glide, by means of human foot and leg power while having such device attached to each such foot or leg.
(2) The term "reckless operation" shall mean operating roller skates, in-line skates or a skateboard on a public street, highway or sidewalk in such a manner as to endanger the safety or property of another.
(3) The term "roller skate" shall mean a manufactured or assembled device consisting of a frame or shoe having clamps or straps or both for fastening, with a pair of small wheels near the toe and another pair at the heel mounted or permanently attached thereto, for skating or gliding by means of human foot and leg power.
(4) The term "sidewalk" shall mean that portion of the street, whether paved or unpaved, between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. Where it is not clear which section is intended for the use of pedestrians the sidewalk will be deemed to be that portion of the street between the building line and the curb.
(5) The term "skateboard" shall mean a device consisting of a platform usually curved upwards at each end, to which are mounted or permanently attached two swiveling frames, each of which is used to support and guide a pair of small wheels, which device glides or is propelled by means of human foot or leg power.
b. No person shall engage in the reckless operation of roller skates, in-line skates or a skateboard.
c. A violation of subdivision b of this section shall be a traffic infraction and shall be punishable in accordance with section 1800 of the vehicle and traffic law. Any person who is found guilty of the reckless operation of roller skates, in-line skates or a skateboard shall be subject to a fine of not less than fifty dollars nor more than one hundred dollars.
d. The provisions of this section shall be enforced by the department, the police department and the department of parks and recreation.
a. For purposes of this section, the term "motorized scooter" shall mean any wheeled device that has handlebars that is designed to be stood or sat upon by the operator, is powered by an electric motor or by a gasoline motor that is capable of propelling the device without human power and is not capable of being registered with the New York State Department of Motor Vehicles. For the purposes of this section, the term motorized scooter shall not include wheelchairs or other mobility devices designed for use by persons with disabilities; or an electric scooter as such term is defined in section 114-e of the vehicle and traffic law or successor provision; or a bicycle with electric assist as defined in section 102-c of the vehicle and traffic law or successor provision.
b. No person shall operate a motorized scooter on streets or in parks and other public places in the city of New York.
c. Any person who violates subdivision b of this section shall be liable for a civil penalty in the amount of $250. Authorized employees of the police department and department of parks and recreation shall have the authority to enforce the provisions of this section. Such penalties shall be recovered in a civil action or in a proceeding commenced by the service of a notice of violation that shall be returnable before the environmental control board. In addition, such violation shall be a traffic infraction and shall be punishable in accordance with section eighteen hundred of the New York state vehicle and traffic law.
d. Any motorized scooter that has been used or is being used in violation of the provisions of this section that has been operated in a manner that endangers the safety of the operator or the safety or property of another may be impounded and shall not be released until any and all removal charges and storage fees and the applicable fines and civil penalties have been paid or a bond has been posted in an amount satisfactory to the commissioner of the agency that impounded such device.
e. Operators of electric scooters as defined in section 114-e of the vehicle and traffic law, and operators of bicycles with electric assist as defined in section 102-c of the vehicle and traffic law, or successor provisions, shall be subject to the same rights and responsibilities attributed to operators of bicycles pursuant to the vehicle and traffic law, this code and the rules of the department, and shall be subject to any additional applicable provisions of the vehicle and traffic law, this code and rules of the department.
(Am. L.L. 2020/072, 7/26/2020, eff. 11/23/2020; Am. L.L. 2020/073, 7/26/2020, eff. 11/23/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/051.
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