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a. Definitions. For the purposes of this section, the following terms shall be defined as follows:
1. "School" shall mean any buildings, grounds, facilities, property, or portion thereof in which educational instruction is provided to at least 250 students at or below the twelfth grade level.
2. "Speed hump" shall mean any raised area in the roadway pavement surface extending transversely across the travel way that is composed of asphalt or another paving material and is installed and designed for the purpose of slowing vehicular traffic.
c. After evaluating every school in the city for the installation of speed humps pursuant to subdivision b of this section, the commissioner may determine not to install any further speed humps and shall inform the speaker of the council in writing of such determination and the reasons therefor; provided, however, that the commissioner shall evaluate the need to install one or more speed humps on roadways adjacent to any school created after such determination.
d. The commissioner may decline to install any speed hump that is otherwise required by this section if such installation would, in the commissioner's judgment, endanger the safety of motorists or pedestrians or not be consistent with the department's guidelines regarding the installation of speed humps.
a. Definition. As used in this section, the term "bollard" means any raised concrete and/or metal post that is designed to slow or stop motor vehicles.
b. By July 30, 2019, and every year thereafter, the commissioner shall submit to the council an annual report on the installation of bollards in the city. Such report shall include:
1. The total number of locations under the jurisdiction of the department where bollards have been installed by the department and the total number of such bollards installed in the 12-month period ending on June 30 of such year; and
2. The total number of authorizations for bollard installation by third parties at locations under the jurisdiction of the department issued during the 12-month period ending on June 30 of such year.
(L.L. 2018/080, 1/19/2018, eff. 1/19/2018)
a. Except as provided in subdivision b of this section, any driver of a motor vehicle who fails to yield to a pedestrian or person riding a bicycle when such pedestrian or person has the right of way shall be guilty of a traffic infraction, which shall be punishable by a fine of not more than fifty dollars or imprisonment for not more than fifteen days or both such fine and imprisonment. In addition to or as an alternative to such penalty, such driver shall be subject to a civil penalty of not more than one hundred dollars which may be recovered in a proceeding before the environmental control board. For purposes of this section, "motor vehicle" shall have the same meaning as in section one hundred twenty-five of the vehicle and traffic law.
b. Except as provided in subdivision c of this section, any driver of a motor vehicle who violates subdivision a of this section and whose motor vehicle causes contact with a pedestrian or person riding a bicycle and thereby causes physical injury, shall be guilty of a misdemeanor, which shall be punishable by a fine of not more than two hundred fifty dollars, or imprisonment for not more than thirty days or both such fine and imprisonment. In addition to or as an alternative to such penalty, such driver shall also be subject to a civil penalty of not more than two hundred fifty dollars which may be recovered in a proceeding before the environmental control board. For purposes of this section, "physical injury" shall have the same meaning as in section 10.00 of the penal law.
c. It shall not be a violation of this section if the failure to yield and/or physical injury was not caused by the driver's failure to exercise due care.
d. This section shall not apply to persons, teams, motor vehicles, and other equipment working on behalf of the city of New York, the state of New York or the federal government while actively engaged in work requiring the presence of a motor vehicle in a location that interferes with the right of way of a pedestrian or person riding a bicycle. Such persons, teams, motor vehicles, and other equipment shall proceed at all times during all phases of such work exercising due regard for the safety of all persons and consistent with all applicable laws, rules, and regulations. Nothing in this section shall relieve such persons or teams or such operators of motor vehicles or other equipment from the consequences of failure to exercise due care or the consequences of their reckless disregard for the safety of others.
a. Except as provided in the vehicle and traffic law, in addition to or as an alternative to any penalties assessed thereunder, any driver who, knowing or having cause to know that damage has been caused to the real property or the personal property of another due to an incident involving the driver's motor vehicle, leaves the scene of an incident without complying with all of the provisions of paragraph a of subdivision one of section six hundred of the vehicle and traffic law, shall be liable for a civil penalty, recoverable at the environmental control board, of not less than five hundred dollars nor more than one thousand dollars for the first violation and not less than one thousand dollars nor more than two thousand dollars for a second or subsequent violation.
b. Except as provided in the vehicle and traffic law, in addition to or as an alternative to any penalties assessed thereunder, any driver who, knowing or having cause to know that physical injury has been caused to another person due to an incident involving the driver's motor vehicle, leaves the scene of an incident without complying with all of the provisions of paragraph a of subdivision two of section six hundred of the vehicle and traffic law, shall be liable for a civil penalty, recoverable at the environmental control board, of not less than one thousand dollars nor more than two thousand dollars for the first violation and not less than two thousand dollars nor more than five thousand dollars for a second or subsequent violation, except where such injury is a serious physical injury, such driver shall be liable for a civil penalty, recoverable at the environmental control board, of not less than two thousand dollars nor more than ten thousand dollars for the first violation and not less than ten thousand dollars nor more than fifteen thousand dollars for a second or subsequent violation, and where such injury results in death, such driver shall be liable for a civil penalty, recoverable at the environmental control board, of not less than ten thousand dollars nor more than fifteen thousand dollars for the first violation and not less than fifteen thousand dollars nor more than twenty thousand dollars for a second or subsequent violation.
c. For purposes of this section, "physical injury" and "serious physical injury" shall have the same meaning as in section 10.00 of the penal law.
(Am. L.L. 2016/004, 1/5/2016, eff. 4/4/2016)
a. Definitions. For the purposes of this section "bike share" means the provision of public bicycles for shared use within the city of New York under a contract with an operator that permits payment for the use of such bicycles.
b. The department shall compile usage data on bike share trips, including the duration, the start date and time, the end date and time, the start station, the end station, the bike number, and the membership type, but shall not include personally-identifiable information.
c. Beginning on January 1, 2016, and quarterly thereafter, the department shall post the bike share usage data required by subdivision b of this section on its website in a commonly available non-proprietary format or spreadsheet format that is suitable for analysis. On each date such information is posted, the department shall also provide the council with a report on such bike share usage data disaggregated by month, quarter, and year as such data is available and disaggregated by council district and community district, as applicable.
(L.L. 2015/099, 11/4/2015
, eff. 11/4/2015
)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Bike share operator. The term "bike share operator" means the company operating the city of New York's bike share program under a contract entered into through the department.
Bike share program. The term "bike share program" means the providing of public bicycles for shared use within the city of New York under a contract with an operator that permits payment for the use of such bicycles.
b. The department shall require financial data be provided under the contract agreement between the city of New York and the bike share operator regarding the bike share program. This data shall include, but not be limited to, revenues generated by the bike share program, whether the program had a deficit or a profit and the amount of such deficit or profit, and the amount of revenue that was allocated to the department and separately to the bike share operator.
c. On or before January 1, 2016, and annually thereafter, the department shall provide a report to the council and post on its website the information compiled pursuant to subdivision b of this section for the prior calendar year.
(L.L. 2015/100, 11/4/2015
, eff. 11/4/2015
)
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