§ 10-138 Distribution of a Model Code of Conduct to participants in youth sports programs.

   a.   Legislative findings and intent. Participation in youth sports programs should be a rewarding experience. Through sports programs, our youth learn the importance of teamwork, cooperation, effort, discipline and commitment. Furthermore, regular physical activity is the cornerstone of an active and healthy lifestyle. Unfortunately, good sportsmanship is sometimes lacking on the part of coaches, parents, players, spectators and other persons involved in youth sports programs, resulting in the creation of a hostile environment for participants. The City Council finds that in order to realize the full potential and value of youth sports programs, participants in such programs should follow a Code of Conduct that reflects principles of good sportsmanship at all youth sports events. Furthermore, the City Council finds that organizations that administer youth sports programs should have the option of banning coaches, parents, players, spectators and other participants in youth sports programs from attending youth sports events if they engage in certain egregious behavior at such events. Additionally, such organizations should have the option of requiring individuals to complete some form of anger management counseling before being allowed to resume attendance at youth sports events.

   b.   Definitions. For purposes of this section:

      (1)   The term "youth" shall mean any person under the age of eighteen.

      (2)   The term "organization" shall mean any individual, firm, partnership, trust, association, corporation or other entity.

      (3)   The term "youth sports event" shall mean a competition, practice or instructional event involving one or more youth sports teams, where such youth sports teams utilize city facilities and/or receive city funding.

   c.   Any organization that administers a youth sports program that utilizes city facilities and/or receives city funding shall distribute the following Model Code of Conduct or a similar Code of Conduct containing guidelines for conduct of behavior to be observed at youth sports events to all coaches, parents and players participating in such sports program:

      Model Code of Conduct

         1.   All officials, coaches, parents, players, spectators and participants shall respect one another.

         2.   All officials, coaches, parents, players, spectators and participants shall respect officials' decisions.

         3.   All officials, coaches, parents, players, spectators and participants shall engage in fair play and abide by all game rules.

         4.   All officials, coaches, parents, players, spectators and participants shall refrain from engaging in taunting of officials, coaches, parents, players, spectators or other participants by means of baiting or ridiculing.

         5.   All officials, coaches, parents, players, spectators and participants shall refrain from verbal and/or profane abuse of officials, coaches, parents, players, spectators or other participants.

         6.   All officials, coaches, parents, players, spectators and participants shall refrain from threatening physical violence or engaging in any form of physical violence.

         7.   All officials, coaches, parents, players, spectators and participants shall win and lose with good sportsmanship and shall strive to make youth sports programs rewarding for all participants.

   d.   Any organization that administers a youth sports program that utilizes city facilities or receives city funding shall post or affix the Model Code of Conduct or a similar Code of Conduct containing guidelines for conduct of behavior to be observed at youth sports events at the primary facility where such youth sports events occur, as practicable.

   e.   Any organization that administers a youth sports program that utilizes city facilities and/or receives city funding may ban the presence at youth sports events of any official, coach, parent, player, spectator or other participant who (1) engages in verbal or physical threats or abuse aimed at any official, coach, parent, player, spectator or other participant, (2) initiates a fight or scuffle with any official, coach, parent, player, spectator or other participant or (3) engages in repeated and egregious violations of the Model Code of Conduct or similar Code of Conduct containing guidelines for conduct of behavior to be observed at youth sports events, if the conduct occurs at or in connection with such youth sports event.

   f.   In the event that any official, coach, parent, player, spectator or other participant is banned from attending youth sports events pursuant to subdivision (e) of this section, such person may petition the organization that imposed such ban for permission to resume attendance. Prior to being permitted to resume attendance, such organization may require such person to present proof of completion of anger management counseling or its equivalent.

§ 10-145 Licensing and regulation of towing cars. [Repealed]

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

§ 10-146 Sale of motor vehicles to unlicensed minors.

Any person who sells or gives any motor vehicle or motorcycle to any minor under eighteen years of age who has not been licensed to operate a motor vehicle or motorcycle within the city of New York, is guilty of a misdemeanor punishable by a fine of not more than two hundred fifty dollars, imprisonment for not more than six months, or both.

§ 10-147 Possession of handcuffs, thumb-cuffs or leg irons by unauthorized persons prohibited.

   a.   It shall be unlawful for any person to knowingly possess any type of handcuffs, including disposable cinch cuffs, thumb cuffs or leg irons. This section shall not prohibit the possession of toy handcuffs which by their construction cannot be used to restrain an individual.

   b.   The prohibition of this section shall not apply to the following persons:

      1.   any peace officer, police officer or any person appointed as a police officer by the superintendent of state police; or

      2.   any police officer or peace officer of another state while conducting official business within the state of New York; or

      3.   any employee of the city, charged with the care or custody of a juvenile committed to a secure detention facility, while on duty or while traveling to or from his or her assigned duty; or

      4.   any person in military service or other service of the state, or of the United States, in pursuit of official duty or when duly authorized by federal or state law, regulation or ordered to possess the same articles prohibited by this section; or

      5.   any member of the auxiliary police force; or

      6.   any special patrolman appointed by the police commissioner, while on duty or while traveling to or from his or her assigned place of duty; or

      7.   any licensed private investigator or any employee of a watch, guard, or patrol agency licensed by the secretary of state under article seven of the general business law, or any employee of a person, firm or corporation operating an armored car transportation service, while such person is acting in the course of his or her employment or is traveling to or from his or her place of employment; and

      8.   any employee of a person, firm or corporation engaged in the business of manufacturing, selling or transporting such handcuffs, including disposable cinch cuffs, thumb cuffs or leg irons, which are intended for possession by persons authorized by this section, while such person is acting in the course or his or her employment or is traveling to or from his or her place of employment; or

      9.   any person engaged in a business activity which requires the utilization of such handcuffs, including disposable cinch cuffs, thumbcuffs or leg irons as authorized pursuant to regulations promulgated by the police commissioner, while such person is acting in the course of his or her employment or is traveling to or from his or her place of employment.

   c.   Any person found in violation of this section shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars or imprisonment of not more than ten days or both.

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

§ 10-148 Fines for unlawful cutting of trees on city property other than trees under the jurisdiction of the department of parks and recreation.

It shall be unlawful for any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation to cut, remove or in any way destroy or cause to be destroyed, any tree or other form of vegetation on any public property, without acquiring written consent from the agency having jurisdiction or control of such property. The foregoing provision shall not apply to employees of any agency who are engaged in the proper and authorized performance of their assigned duties.

§ 10-149 Violation.

   a.   Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation violating the provisions of section 10-148 of this code concerning a tree shall be liable to arrest and upon conviction thereof shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than fifteen thousand dollars or by imprisonment of not more than one year or by both such fine and imprisonment for each such violation. Such individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation shall also be liable for a civil penalty of not more than ten thousand dollars for each such violation which may be recovered in a proceeding before the environmental control board. A proceeding to recover any civil penalty authorized by this section shall be commenced by the service of a notice of violation returnable to the environmental control board. The environmental control board shall have the power to impose the civil penalties prescribed herein.

   b.   Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation violating the provisions of section 10-148 of this code concerning any other form of vegetation shall be liable to arrest and upon conviction thereof shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars or by imprisonment of not more than ninety days or by both such fine and imprisonment for each such violation.

   c.   Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation found to be guilty of violating the provisions of section 10-148 of this code or subdivision a of section 18-129 of this code by a court of competent jurisdiction or by the environmental control board shall be denied the opportunity to obtain written consent from the commissioner of parks and recreation or from an agency having control of public property to cut, remove or in any way destroy or cause to be destroyed, any tree or other form of vegetation on such property for a maximum of two years from the date of conviction, or from the date the civil penalty was imposed.

§ 10-150 Declaration and findings; election for non-public office.

The council hereby finds that it is in the public interest to hold certain elections on days other than those which the vast majority of the people of the city respect as a day of worship and a day of rest. The holding of elections on such days of worship is unfair to those citizens who observe such days of worship in that they are unable to participate fully in the election process on an equal basis unless they violate their religious precepts. This poses a threat to the free exercise of religion and equality of access to the electoral process. The council further finds and declares that bigotry, prejudice and intolerance will be discouraged if such elections are forbidden on those days of worship, and that holding elections on other days will permit the participation of a greater number of people.

§ 10-151 Elections for non-public office or position.

   a.   It shall be unlawful to conduct any election for a non-public office or position on Friday after sundown, Saturday or Sunday in which members of the general public are eligible to cast a vote by virtue of the fact that they reside in a particular area of the city.

   b.   It shall be unlawful for any person to direct, mandate, supervise or assist in conducting any such elections.