§ 10-121 Violation.

   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.

   e.   Any person found in violation of any of the provisions of section 10-119 or 10-120 of the code shall be liable for a civil penalty as provided for in subdivisions b and c of this section.

   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.

§ 10-121.1 Rewards for providing information leading to criminal conviction of a person for unlawful posting.

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.

§ 10-122 Motor boats; operation adjacent to bathing beaches.

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.

§ 10-123 Bathing in public.

It shall be unlawful for any person to swim or bathe in any of the waters within the jurisdiction of the city, except in public or private bathing houses, unless covered with a bathing suit so as to prevent any indecent exposure of the person; and it shall be unlawful for any person to dress or undress in any place exposed to view. 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 ten dollars or by imprisonment not exceeding ten days or by both such fine and imprisonment.

§ 10-124 Wearing of bathing suits on streets prohibited. [Repealed]

§ 10-125 Consumption of alcohol on streets prohibited.

   a.   Definitions. Whenever used in this section, the following terms are defined as follows:

      1.   Alcoholic beverage. Any liquid intended for human consumption containing more than one-half of one percent (.005) of alcohol by volume.

      2.   Public place. A place to which the public or a substantial group of persons has access including, but not limited to, any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park or beach located within the city except that the definition of a public place shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within their own private property. Such public place shall also include the interior of any stationary motor vehicle which is on any highway, street, road, parking area, shopping area, playground, park or beach located within the city.

   b.   No person shall drink or consume an alcoholic beverage, or possess, with intent to drink or consume, an open container containing an alcoholic beverage in any public place except at a block party, feast or similar function for which a permit has been obtained.

   c.   Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this section.

   d.   Nothing in this section shall be deemed to prohibit the consumption of an alcoholic beverage in any duly licensed establishment whose certificate of occupancy extends upon a street.

   e.   The violation of subdivision b of this section shall constitute an offense punishable by a fine of not more than 25 dollars or imprisonment of up to one day, or pursuant to the provisions of the family court act of the state of New York where applicable.

   f.   Any person who violates subdivision b of this section shall be liable for a civil penalty of up to 25 dollars, which may be recoverable in a proceeding before the office of administrative trials and hearings, pursuant to chapter 45-A of the charter.

(Am. L.L. 2016/074, 6/13/2016, eff. 7/13/2016)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076 and L.L. 2016/074.

§ 10-126 Avigation in and over the city.

   a.   Definitions. When used in this section the following words or terms shall mean or include:

      1.   "Aircraft." Any contrivance, now or hereafter invented for avigation or flight in the air, including a captive balloon, except a parachute or other contrivance designed for use, and carried primarily as safety equipment.

      2.   "Place of landing." Any authorized airport, aircraft landing site, sky port or seaplane base in the port of New York or in the limits of the city.

      3.   "Limits of the city." The water, waterways and land under the jurisdiction of the city and the air space above same.

      4.   "Avigate." To pilot, steer, direct, fly or manage an aircraft in or through the air, whether controlled from the ground or otherwise.

      5.   "Congested area." Any land terrain within the limits of the city.

      6.   "Person." A natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization.

   b.   Parachuting. It shall be unlawful for any person to jump or leap from an aircraft in a parachute or any other device within the limits of the city except in the event of imminent danger or while under official orders of any branch of the military service.

   c.   Take offs and landings. It shall be unlawful for any person avigating an aircraft to take off or land, except in an emergency, at any place within the limits of the city other than places of landing designated by the department of transportation or the port of New York authority.

   d.   Advertising.

      1.   It shall be unlawful for any person to use, suffer or permit to be used advertising in the form of towing banners from or upon an aircraft over the limits of the city, or to drop advertising matter in the form of pamphlets, circulars, or other objects from an aircraft over the limits of the city, or to use a loud speaker or other sound device for advertising from an aircraft over the limits of the city. Any person who employs another to avigate an aircraft for advertising in violation of this subdivision shall be guilty of a violation hereof.

      2.   Any person who employs, procures or induces another to operate, avigate, lend, lease or donate any aircraft as defined in this section for the purpose of advertising in violation of this subdivision shall be guilty of a violation hereof.

      3.   The use of the name of any person or of any proprietor, vendor or exhibitor in connection with such advertising shall be presumptive evidence that such advertising was conducted with his or her knowledge and consent.

   e.   Dangerous or reckless operation or avigation. It shall be unlawful for any person to operate or avigate an aircraft either on the ground, on the water or in the air within the limits of the city while under the influence of intoxicating liquor, narcotics or other habit-forming drugs, or to operate or avigate an aircraft in a careless or reckless manner so as to endanger life or property of another. In any proceeding or action charging careless or reckless operation or avigation of aircraft in violation of this section, the court, in determining whether the operation or avigation was careless or reckless, shall consider the standards for safe operation or avigation of aircraft prescribed by federal statutes or regulations governing aeronautics.

   f.   Air traffic rules. It shall be unlawful for any person to navigate an aircraft within the limits of the city in any manner prohibited by any provision of, or contrary to the rules and regulations of, the federal aviation administration.

   g.   Reports. It shall be unlawful for the operator or owner of an aircraft to fail to report to the police department within ten hours a forced landing of aircraft within the limits of the city or an accident to an aircraft where personal injury, property damage or serious damage to the aircraft is involved.

   h.   Rules and regulations. The police commissioner is authorized to make such rules and regulations as the commissioner may deem necessary to enforce the provisions of this section.

   i.   Violations. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.

§ 10-127 Commercial vehicles to display name and address of owner.

   a.   Definition. When used herein:

      1.   The word "commercial vehicle," shall mean any vehicle, either horse drawn or motor driven, used, constructed or equipped for the transportation of goods, wares or merchandise in trade or commerce.

   b.   Vehicles, markings of. Every commercial vehicle operating on the streets of the city shall at all times display permanently, plainly marked on both sides in letters and any numerals in accordance with section 390.21 of title 49 of the code of federal regulations, the name of the owner thereof. The commissioner of transportation may promulgate rules imposing requirements or prohibitions relating to such markings, or both, applicable to such commercial vehicles, provided that any such requirements or prohibitions imposed by such commissioner shall not be more restrictive than any requirements or prohibitions applicable to such vehicles set forth in section 390.21 of title 49 of the code of federal regulations.

   c.   Violations. Any person convicted of a violation of this section shall be punished by not more than thirty days' imprisonment, or by a fine of not more than fifty dollars, or both.

(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.