Loading...
a. For purposes of this section and section 10-157.1, the following terms have the following meanings:
Bicycle. The term "bicycle" has the same meaning as in section 19-176, and also means any wheeled device propelled exclusively by human power as well as any motor-assisted device that is not capable of being registered by the New York state department of motor vehicles.
Bicycle operator. The term "bicycle operator" means a person who delivers packages, parcels, papers, or articles of any type by bicycle on behalf of a business using a bicycle for commercial purposes and who is paid by such business.
Business using a bicycle for commercial purposes. The term "business using a bicycle for commercial purposes" means a person, firm, partnership, joint venture, association, corporation, or other entity that, either on behalf of itself or others, delivers packages, parcels, papers, or articles of any type by bicycle. Nothing contained in this section shall be construed as applying to persons under the age of sixteen who use a bicycle only to deliver daily newspapers or circulars.
b. A business using a bicycle for commercial purposes that does not have a site within the city that is open and available to the public must provide to the department of transportation, upon a form prescribed by the department, the following information:
(1) the name under which such business is authorized to do business in the state, pursuant to the business corporation law,
(2) the registered agent upon whom process against such business may be served and the address of such agent, or, if the business has designated the secretary of state as its agent for receiving such process, the post office address to which the secretary of state may mail a copy of such process, and
(3) any other information requested by the department.
c. A business using a bicycle for commercial purposes must assign to each of its bicycle operators a three digit identification number, except that the department of transportation may promulgate a rule to require an identification number with four or more digits. Such business must issue to each of its bicycle operators an identification card that contains the name, identification number and photo of the bicycle operator and the name, address and telephone number of such business. A bicycle operator shall carry such identification card while making deliveries or otherwise operating a bicycle on behalf of any such business. A bicycle operator shall be required to produce such identification card upon the demand of an authorized employee of the police department or department of transportation or any other person authorized by law.
d. A business using a bicycle for commercial purposes shall maintain a roster of its bicycle operators. Such roster shall include for each such bicycle operator: name; home address; start date; discharge date, if applicable; identification number; and date of completion of the bicycle safety course required by paragraph 3 of subdivision e of this section. Such roster shall be made available for inspection upon request of an authorized employee of the police department or department of transportation or any other person authorized by law.
e. (1) A business using a bicycle for commercial purposes shall provide at its own expense or ensure the availability of protective headgear suitable for each of its bicycle operators. Such business may not require any of its bicycle operators to provide such headgear at such operator's expense. Such headgear shall:
(i) meet the standards set forth by the consumer product safety commission in title 16, part 1203 of the code of federal regulations; and
(ii) be replaced if such headgear is no longer in good condition. Headgear is no longer in good condition if it is missing any of its component parts or is otherwise damaged so as to impair its functionality.
(2) Each bicycle operator shall wear protective headgear that meets the requirements of paragraph 1 of this subdivision while making deliveries or otherwise operating a bicycle on behalf of a business using a bicycle for commercial purposes. The term "wear protective headgear" means having the headgear fastened securely upon the head with the headgear straps.
(3) Each bicycle operator shall complete a bicycle safety course prior to making deliveries or otherwise operating a bicycle on behalf of a business using a bicycle for commercial purposes. For purposes of this section, "bicycle safety course" shall mean information provided by the department of transportation regarding safe bicycling and adherence to traffic and commercial bicycle laws.
(4) The commissioner of transportation shall post on the department of transportation's website the content of the bicycle safety course required by this section.
f. A business using a bicycle for commercial purposes, notwithstanding that a bicycle may be provided by any of its bicycle operators, shall provide at its own expense or ensure that each bicycle is equipped with: a lamp; a bell or other device capable of giving an audible signal from a distance of at least one hundred feet, provided however that a siren or whistle shall not be used; brakes; reflective tires or, alternately, a reflex reflector mounted on the spokes of each wheel; as well as other devices or material in accordance with section 1236 of the vehicle and traffic law. Such business may not require any of its bicycle operators to provide such equipment at such operator's expense.
g. A business using a bicycle for commercial purposes shall be responsible for the compliance with the provisions of this section of its bicycle operators.
(1) Violation of any of the provisions of this section by any such business, or of any of the rules or regulations that may be promulgated pursuant hereto, shall be a violation triable by a judge of the criminal court of the city of New York and upon conviction thereof shall be punishable by a fine of not less than $100 nor more than $250 or imprisonment for not more than 15 days or both such fine and imprisonment.
(2) Any such business that violates any of the provisions of this section or any of the rules promulgated pursuant hereto, except subdivision d of this section and any of the rules promulgated pursuant to such subdivision, shall be subject to a civil penalty of $100. Any such business that violates a provision of this section or rule promulgated pursuant hereto more than 30 days after such business has already violated the same provision or rule shall be subject to an additional civil penalty of $250. Any such business that violates subdivision d of this section or any of the rules promulgated pursuant hereto shall be subject to a civil penalty of $100, except that with respect to first time violations of such subdivision, the commissioner of transportation shall notify such business of such violation and request that action be taken to correct such violation in such a manner within 30 days and shall afford such business an opportunity to contest the commissioner’s finding in a manner set forth in the rules of the department of transportation. Civil penalties issued pursuant to this paragraph may be in addition to any criminal penalty imposed, and shall be recoverable against such business in an action or proceeding in any court or tribunal of competent jurisdiction or the environmental control board.
h. Any bicycle operator who makes deliveries or otherwise operates a bicycle on behalf of a business using a bicycle for commercial purposes without carrying the identification card required by subdivision c of this section, or who fails to produce such identification card upon demand pursuant to such subdivision, or who fails to wear protective headgear required by subdivision e of this section or the retro-reflective apparel required by subdivision i of this section, shall be guilty of a traffic infraction and upon conviction thereof shall be liable for a fine of not less than $25 nor more than $50. It shall be an affirmative defense to such traffic infraction that such business did not provide the protective headgear, the identification card or the retro-reflective apparel required by subdivisions c, e or i of this section. Such traffic infraction may be adjudicated by an administrative tribunal authorized under article 2-A of the vehicle and traffic law.
i. A business using a bicycle for commercial purposes shall provide for and require each of its bicycle operators to wear, and each such bicycle operator shall wear, a retro-reflective jacket, vest, or other wearing apparel on the upper part of such operator's body as the outermost garment while making deliveries or otherwise operating a bicycle on behalf of such business, the back of which shall indicate such business's name and such bicycle operator's individual identification number as assigned pursuant to subdivision c of this section in lettering and numerals not less than one inch in height so as to be plainly readable at a distance of not less than ten feet.
j. The provisions of this section shall be enforceable by an authorized employee of the police department or department of transportation or any other person authorized by law.
k. A business using a bicycle for commercial purposes shall not possess any motorized scooter and shall not permit any person to operate a motorized scooter on behalf of such business. A business using a bicycle for commercial purposes shall be liable for any violation of section 19-176.2(b) committed by any person operating a motorized scooter on behalf of such business. For purposes of this section, "motorized scooter" shall be as defined in section 19-176.2.
l. A business using a bicycle for commercial purposes shall provide to its bicycle operators the materials identified by the department of consumer and worker protection pursuant to subdivision a of section 20-1525. Unless such business has already provided such materials pursuant to subdivision b of section 20-1525, such business shall provide such materials to its bicycle operators no later than sixty days after such department publishes such materials pursuant to subdivision a of section 20-1525. Such materials shall be provided in English, the designated citywide languages as defined in section 23-1101, and any additional languages in which such materials have been published by the department of consumer and worker protection.
(Am. L.L. 2017/091, 5/30/2017, eff. 9/27/2017; Am. L.L. 2023/041, 3/20/2023, eff. 9/16/2023; Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076 and L.L. 2007/009.
a. A business using a bicycle for commercial purposes, as defined in subdivision a of section 10-157, shall post one or more signs at each site of such business, provided that, if such business has only a post office address within the city, such business shall provide a written notice to each of its bicycle operators. Such sign or notice shall summarize:
(1) the responsibilities of bicycle operators and businesses using a bicycle for commercial purposes pursuant to section 10-157; and
(2) the provisions of the vehicle and traffic law, administrative code of the city of New York and department of transportation traffic rules and regulations that the commissioner of transportation in his or her discretion determines are most important for the safe operation of bicycles in the city. The department of transportation shall post on its website the provisions required to be summarized on such sign or notice under this subdivision.
b. Every sign or notice required pursuant to subdivision a of this section shall be:
(1) in English and Spanish and any other language spoken predominantly by any bicycle operator of a business using a bicycle for commercial purposes; and
(2) in the case of a sign, posted in a manner conspicuous to such business's bicycle operators and to patrons of such business present at the business site; or
(3) in the case of a notice, provided to such business's bicycle operators.
c. The commissioner of transportation shall promulgate such rules and regulations as may be required to effectuate the purposes of this section, including rules and regulations governing the content, size and manner of display of signs required pursuant to this section and shall make a model sign available on the department of transportation's website.
d. (1) The violation of any provision of subdivision a or b of this section, or of any of the rules or regulations that may be promulgated pursuant hereto, shall be a violation triable by a judge of the criminal court of the city of New York and upon conviction thereof shall be punishable by a fine of not less than $100 nor more than $250 or imprisonment for not more than 15 days or both such fine and imprisonment.
(2) The violation of any provision of subdivision a or b of this section or any of the rules or regulations promulgated pursuant hereto shall be punishable by a civil penalty of $100 and a second or subsequent violation of the same provision of this section or rule promulgated pursuant hereto more than 30 days after such prior violation shall be punishable by an additional civil penalty of $100. With respect to first time violations of such subdivisions or rules, the commissioner of transportation shall notify a business using a bicycle for commercial purposes of such violation and request that action be taken to correct such violation in such a manner within 30 days and shall afford such business an opportunity to contest the commissioner’s finding in a manner set forth in the rules of the department of transportation. Such civil penalties may be in addition to any criminal penalty imposed, and shall be recoverable against such business in an action or proceeding in any court or tribunal of competent jurisdiction or the environmental control board.
e. The provisions of this section shall be enforceable by an authorized employee of the police department or department of transportation or any other person authorized by law.
(Am. L.L. 2017/091, 5/30/2017, eff. 9/27/2017; Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023)
a. Description. That portion of the body of water contained within the county of the Bronx, known as the lagoon within pelham bay park, whose limits are: on the northeast, latitude 40° 52' 40", longitude 73° 47'; on the northwest, latitude 40° 52' 57", longitude 73° 47' 38" on the southeast, latitude 40° 51' 54", longitude 73° 49' 12" and on the southwest, latitude 40° 52' 4", longitude 73° 48' 25", and which does not exceed one thousand feet from the shore line at low water mark, shall be designated a vessel regulation zone, as set forth under section 46 of the navigation law of the state of New York.
b. Regulation. The maximum vessel speed limit within this vessel regulation zone shall be four miles per hour. The commissioners of the police department and the department of parks and recreation shall be required to enforce said speed limit. "Vessel", as defined for purposes of this section, shall not include a crew racing shell. "Crew racing shell" shall mean any shell, gig, barge or other boat designed primarily for practice or racing, propelled by oars or sweeps, in the sport of crew or scull racing conducted by a private or public educational institution, school, academy, college, university or association of any of the preceding or by any amateur sports club or association or by the United States or International Olympics Committee and shall not include canoes, rowboats or lifeboats.
c. Posting of speed signs. There shall be posted by the commissioner of the department of parks and recreation on the shore near the boundaries of this vessel regulation zone, signboards facing the water and bearing thereon in large letters, "Vessel Regulation Zone, Speed Limit 4 miles per hour". Such signboards shall be conspicuously placed and of sufficient size to be easily readable by a person using such waters.
d. Penalties. Any person violating any of the regulations including the speed limit as set forth in this section shall be guilty of a misdemeanor punishable upon conviction by a fine not exceeding fifty dollars or by imprisonment for not more than ninety days or by both.
e. Exemptions. The provisions of this section shall not apply to any vessel while actually competing in a duly authorized regatta, provided notice of such regatta has been filed with the Bronx county clerk and the department of parks and recreation at least ten days prior to the occurrence of such event and provided that no single sponsor of such regatta be allowed to conduct more than six within any calendar year.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/048.
a. For the purposes of this section the following terms shall be defined as follows:
1. "Idle speed" shall mean the lowest speed at which a vessel can operate, maintain safe steerage, and minimize the production of a wake that could unreasonably interfere with or endanger other persons, property, or water-borne vessels.
2. "No wake area" shall mean an area in which a vessel must travel at idle speed.
3. "Vessel" shall mean any motorized floating craft with the exception of any motorized floating craft that (i) is used primarily as a residence, (ii) is a vessel operated by an authorized member or employee of any law enforcement or emergency services agency or organization when used in the performance of official law enforcement or emergency services duties, (iii) is provided as an accommodation, advantage, facility or privilege at any place of public accommodation, resort or amusement or (iv) is a vessel in commercial service, as defined in 46 U.S.C. § 2101. A vessel operated by an individual who is compensated to operate such vessel shall not provide sufficient cause to deem such vessel to be in "commercial service."
4. "Wake" shall mean all changes in the vertical height of the water's surface caused by the passage of a vessel including, but not limited to, such craft's bow wave, stern wake and propeller wash.
b. Swindler Cove and that portion of the Harlem River running from the University Heights Bridge southerly to the High Bridge; and that portion of the Harlem River between the Spuyten Duyvil trestle and the Broadway Bridge are hereby designated "No Wake Areas."
c. 1. All vessels operating within the no wake area shall be operated at idle speed.
2. The police commissioner, the commissioner of parks and recreation and the heads of such other agencies as the mayor shall designate shall have the authority to enforce paragraph one of this subdivision.
d. The commissioner of parks and recreation shall post one or more signboards at or about seven hundred fifty feet from the northerly-most and southerly-most boundaries, respectively, or as closely thereto as practicable, of each such "no wake area" and at or about three hundred fifty feet from the northerly-most and southerly-most boundaries, respectively, or as closely thereto as practicable, of each such "no wake area." Such signboards shall face the water in both directions and bear thereon, respectively, a notice indicating the distance from the "no wake area" and a direction to proceed at idle speed. The exact distances of such signboards shall be subject to the availability of property upon which to post such signboards. The commissioner of parks and recreation shall also post additional signboards to indicate to vessel operators the presence of a boathouse in the "no wake area" or the shoreline. Such signboards shall be conspicuously placed and be of sufficient size to be read easily by a person using such waters.
e. Any person violating paragraph one of subdivision c of this section shall be guilty of a misdemeanor punishable upon conviction by a fine not exceeding one hundred fifty dollars or by imprisonment for not more than ninety days or by both. Any such penalty shall be in addition to any penalty provided for in the New York State navigation law.
f. The provisions of this section shall not apply to the following:
1. any vessel while actually competing in a duly authorized regatta, provided notice of such regatta has been filed with and accepted by the clerk of Bronx and New York counties, and with the United States coast guard and the department of parks and recreation, at least ten days prior to the occurrence of such event and
2. any vessel while actually engaged in safety or coaching activities
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/117.
a. Definitions. For purposes of this section, the following terms have the following meanings:
Operator. The term “operator” means any person or governmental entity that owns or operates a water-borne vessel.
Water-borne vessel. The term “water-borne vessel” means any water craft operating within the city or its territorial waters, including any commuter ferry, tugboat, speedboat, motorboat and personal watercraft, but excluding any seaplane.
b. The commissioner of parks and recreation, in consultation with the police commissioner, shall prepare and make available to operators of water-borne vessels, and operators of piers, marinas and boat repair yards educational materials related to the dangers of wakes to the safety of boaters in water-borne vessels in the water; the potentially adverse impact of wakes to piers and other shoreline structures, waterfront recreational facilities and parks, the shoreline itself, and wetlands along the city's waterfront; the importance of minimizing wakes as a water-borne vessel operates in a vessel regulation zone or "no wake area"; and which government entities have jurisdiction over rule-making and enforcement in the territorial waters of the city.
(Am. L.L. 2023/068, 5/29/2023, eff. 6/28/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/117.
(a) There is hereby established a safe streets, safe city advisory board. The safe streets, safe city advisory board shall consist of the deputy mayor for public safety, the police commissioner, one person appointed by the speaker of the city council, one additional person appointed by the mayor, one person appointed by the governor, one person appointed by the temporary president of the state senate, one person appointed by the minority leader of the senate, one person appointed by the speaker of the state assembly and one person appointed by the minority leader of the assembly.
(b) The safe streets, safe city advisory board shall meet at least four times a year, including on the first Thursday in August, November, February and May. The advisory board may establish its own rules and procedures with respect to the conduct of its meetings and other affairs not inconsistent with law.
(c) Membership on the safe streets, safe city advisory board shall not constitute the holding of a public office, and members of the advisory board shall not be required to take and file oaths of office before serving on the advisory board.
(d) No member of the safe streets, safe city advisory board shall be disqualified from holding any public office or employment, nor shall a member forfeit any office or employment by reason of appointment as a member hereunder.
(e) The director of the office of management and budget, in consultation with the police commissioner and heads of appropriate agencies of the city, shall make an annual report to the mayor within thirty days of the release of the preliminary budget in nineteen hundred ninety-two, nineteen hundred ninety-three, nineteen hundred ninety-four, nineteen hundred ninety-five, nineteen hundred ninety-six and nineteen hundred ninety-seven regarding implementation of the safe streets, safe city program. The mayor shall promptly forward a copy of such report to the safe streets, safe city advisory board, the governor, the temporary president of the state senate, the minority leader of the state senate, the speaker of the state assembly, the minority leader of the state assembly and the speaker of the city council. The director of the office of management and budget shall notify the safe streets, safe city advisory board of any proposed budget modification to the safe streets, safe city program at the same time such proposed budget modification is submitted to the city council for approval in the form of an updated supporting schedule to such proposed budget. Such notification shall contain a detailed description of the proposed modification and the impact thereof upon the safe streets, safe city program.
(f) The safe streets, safe city advisory board shall report on August first, nineteen hundred ninety-one, and on October first of every year thereafter, through nineteen hundred ninety-six, on the implementation of the safe streets, safe city program within the city, with particular emphasis on the city's current efforts with respect to the city's criminal justice system, as well as the other agencies which are to receive enhanced funding under the safe streets, safe city program. Any additional written comments submitted by individual members of the advisory board regarding the city's implementation of the program shall be attached to and incorporated within the advisory board report as an addendum thereto. All comments and observations included in the report by the safe streets, safe city advisory board shall be responded to by the mayor.
(g) The advisory board may request and shall receive from any department, division, board, bureau, commission, borough president, agency or public authority of the city of New York, such assistance, information, and data as will enable the advisory board properly to carry out its functions.
Loading...