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(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.
a. Definitions. For purposes of this section:
(1) "Access code" means a series of numbers or letters, unique to each banking customer, which when entered into an automated teller machine, grant the customer entry to the customer's account records.
(2) "Automated teller machine" means a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
(3) "Automated teller machine card" means an instrument authorized by a bank which permits a customer to gain access to an automated teller machine facility.
(4) "Automated teller machine facility" means the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
(5) "Bank" means any banking corporation, as defined in section 11-640 of the code, which operates, owns, or controls an automated teller machine facility in the city of New York.
(6) "Adequate lighting" with respect to an open and operating automated teller machine facility located on an exterior wall of a building open to the outdoor air, and any defined parking area, means lighting during nighttime hours according to the following standards:
(i) a minimum of ten candlefoot power at the face of the automated teller machine and extending in an unobstructed direction outward five feet;
(ii) a minimum of two candlefoot power within fifty feet from all unobstructed directions from the face of the automated teller machine. If such machine is located within ten feet of the corner of the building and the automated teller machine facility is generally accessible from the adjacent side, there shall be a minimum of two candlefoot power along the first forty unobstructed feet of the adjacent side of the building. With respect to defined parking areas, "adequate lighting" means a minimum of two candlefoot power in that portion of the parking area within sixty feet of the automated teller machine facility. With respect to an automated teller machine facility located within the interior of a building, "adequate lighting" means lighting, on a twenty-four hour basis, which permits a person entering the facility to readily and easily see all persons occupying such facility, and which permits a person inside the facility to readily and easily see all persons at the entry door of such facility.
(7) "Defined parking area" means that portion of any parking area open for bank customer parking which is (i) contiguous to any paved walkway or sidewalk within fifty feet of an automated teller machine facility, (ii) regularly, principally and lawfully used for parking by users of the automated teller machine facility while conducting transactions at such automated teller machine facility during nighttime hours; and (iii) owned or leased by the operator of the automated teller machine facility, or owned or otherwise controlled by the party leasing the automated teller machine facility site to the operator. The term does not include any parking area which is not open or regularly used for parking by the users of the automated teller machine who are conducting automated teller machine transactions during nighttime hours. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it is closed.
(8) "Nighttime hours" means the period of time beginning at sunset and ending at sunrise.
(9) "Candlefoot power" means the light intensity of candles on a horizontal plane at thirty-six inches above ground level and five feet in front of the area to be measured.
(10) "Regular banking hours" means the period of time during each weekday, Monday through Friday, commencing at nine o'clock a.m. and ending at three o'clock p.m.
b. Security measures. A bank shall maintain the following security measures with respect to each of its automated teller machine facilities:
(1) a surveillance camera or cameras, which shall view and record all persons entering, exiting, and moving within or about an automated teller machine facility located within the interior of a building, or which shall view and record all activity occurring within a minimum of three feet in front of an automated teller machine located on an exterior wall of a building open to the outdoor air. Such camera or cameras need not view and record banking transactions made at the automated teller machine. The recordings made by such cameras shall be preserved by the bank for at least thirty days;
(2) entry doors equipped with locking devices which permit entry to such facility only to persons using an automated teller machine card or access code issued by a bank for that purpose. Provided, however, that any automated teller machine facility located within the interior of a building that is not equipped with such entry door locking devices shall have at least one security guard stationed therein during the period of time after regular banking hours when such automated teller machine facility is available to banking customers;
(3) entry doors equipped with fire exit bolts pursuant to paragraph two of subdivision k of section 27-371 of the code:
(4) adequate lighting;
(5) at least one exterior wall made substantially of untinted glass or other untinted, transparent material, which provides an unobstructed view of the automated teller machine or machines within the automated teller machine facility;
(6) reflective mirrors or surfaces at each automated teller machine which provide the user a rear view;
(7) a reflective mirror or mirrors placed in a manner which permits a person present in the automated teller machine facility to view areas within such facility which are otherwise concealed from plain view; and
(8) a clearly visible sign, which at a minimum, states:
(i) the activity within the automated teller machine facility is being recorded by surveillance camera;
(ii) customers should close the entry door completely upon entering if the automated teller machine facility is located within the interior of a building;
(iii) customers should not permit entrance to any unknown person at any time after regular banking hours when an automated teller machine facility located within the interior of a building is available to banking customers;
(iv) customers should place withdrawn cash securely upon their person before exiting the automated teller machine facility; and
(v) complaints concerning security in the automated teller machine facility should be directed to the bank's security department or to the department of consumer and worker protection, together with telephone numbers for such complaints. Where emergency assistance is needed due to criminal activity or medical emergency, call 911 at the nearest available public telephone. Paragraphs two, three, five and seven of this subdivision shall not apply to any automated teller machine facility located on an exterior wall of a building open to the outdoor air. Paragraph five of this subdivision shall not apply to any automated teller machine facility located in (i) a landmark building or within an historic district, if compliance with paragraph five would require the approval of the landmarks preservation commission, and such approval has been sought and denied; or (ii) any building, if compliance with paragraph five would require the removal of a load-bearing wall as defined in section 27-232 of the code.
c. Reserved.
d. List of facilities. Any bank which operates an automated teller machine facility shall file a list of such facilities with the police department, the department of consumer and worker protection, and the department of buildings, including the street addresses, intersecting streets, hours of operation, method of security, and method of surveillance at each facility, and the telephone number of the bank's security department. The police department shall distribute to each police precinct a list of all automated teller machine facilities in the precinct which are available to banking customers.
e. Violations and penalties.
(1) A bank found to be in violation of any provision of subdivision b of this section shall be subject to a civil penalty of not more than two hundred fifty dollars. Each violation of any provision of subdivision b of this section with respect to a particular automated teller machine facility shall be considered a separate violation thereof.
(2) Any bank found to be in violation of any provision of subdivision b of this section shall correct the violation within three days after such finding. Failure to correct the violation within three days after such finding shall subject the bank to a civil penalty of not less than five hundred dollars or more than one thousand dollars and an additional civil penalty of two hundred fifty dollars per day for each day such violation continues.
(3) Any bank found to be in violation of subdivision h of this section shall be liable for a civil penalty of not more than one thousand dollars for each automated teller machine facility for which a report has not been filed. Any bank which makes a material false statement or material omission in any report filed pursuant to subdivision h of this section shall be liable for a civil penalty of not more than five thousand dollars for each report.
(4) A proceeding to recover any civil penalty authorized to be imposed pursuant to this section shall be commenced by the service of a notice of violation which shall be returnable to any tribunal established within the office of administrative trials and hearings. Such commissioner, after due notice and an opportunity for a hearing, shall be authorized to impose the civil penalties prescribed by this section.
f. Consumer safety information. Upon the original issuance or reissuance of an automated teller machine facility access card or code, or any other means or device permitting access to an automated teller machine facility, the issuing bank shall provide its customer with written information concerning safety precautions to be employed while using an automated teller machine facility. Such written information shall include at a minimum the information described in subparagraphs (i) through (v) of paragraph eight of subdivision b of this section. In addition, upon the effective date of the local law which added this section and for one year thereafter, such written information shall also include a statement indicating that notwithstanding efforts to restrict access to an automated teller machine facility located within the interior of a building to persons authorized to use an automated teller machine card or access code, entrance is sometimes obtained by persons who are not authorized to use the automated teller machine facility.
g. Enforcement; statistics.
(1) The police department, the department of consumer and work protection, and the department of buildings shall be authorized to enforce this section.
(2) Statistics of crimes associated with the use of automated teller machines compiled and maintained by the police department shall be made available upon the request of any bank.
(3) Notwithstanding the provisions of section six hundred sixty-six of the charter, a notice of violation issued by the department of buildings pursuant to this section shall not be subject to review by the board of standards and appeals.
h. Certification of compliance. Within thirty days after the effective date of the local law which added this section, and each year thereafter, every bank which has an automated teller machine facility which is in operation on such date or on such date every year thereafter, shall submit a written report to the commissioner of buildings, on a form prescribed by such commissioner, certifying that such automated teller machine facility is in compliance with the provisions of this section, or if such facility is not in compliance with the provisions of this section, such report shall state the manner in which such facility fails to meet the requirements of this section and the reasons for such non-compliance. Each such report shall be accompanied by a fee of one hundred dollars for each automated teller machine facility operated by the bank.
i. Compliance with building code and all other applicable provisions of law. Nothing contained in this section shall be construed to exempt or relieve any bank from complying with all relevant provisions of the building code and all other applicable provisions of law.
j. Exemptions. The provisions of this section shall not apply to any unenclosed automated teller machine located in any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; 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. 1992/070 and L.L. 2020/080.
a. Definitions. For the purposes of this section, "three-card monte" shall mean a game or scheme in which the player is to receive money if he or she correctly selects one of any number of objects, which object was designated by the dealer, operator or any individual working with said dealer or operator of the game or scheme, as the winning object prior to shuffling or rearranging the position of such objects. "Objects" shall be defined as any item capable of being shuffled or rearranged on a surface, including, but not limited to, cards, shells or caps.
b. It shall be unlawful for any person to deal or operate, or be in any manner accessory to the dealing or operating, of three-card monte on any public street, sidewalk or plaza.
c. Any person who violates subdivision b of this section shall be guilty of a misdemeanor.
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
1. Major venue sporting event. An athletic competition or practice involving a professional team or an athletic competition or practice being conducted in a venue with a permanent seating capacity of more than five thousand. The duration of such competition or practice is to include the period from the opening of the venue's gates to the public, to the closing of the gates after the event.
2. Playing area. Any area designated for use by players, coaches, officials or other team or league personnel that is on, or adjacent to, the area of play during the period from the opening of the venue's gates to the public, to the closing of the gates after the event.
3. Sports participant. An umpire, referee, player, coach, manager, security employee, groundskeeper, stadium operations employee, or any other sanctioned participant in which the major venue sporting event is taking place.
4. Dangerous instrument. Any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury.
5. Substance. The term includes, but is not limited, to any liquid or saliva.
b. Conduct prohibited.
1. It shall be illegal for any person other than a sports participant to knowingly enter or remain unlawfully upon the playing area of a major venue sporting event.
2. It shall be illegal for any person other than a sports participant to subject a sports participant to contact by means of any substance, object or dangerous instrument during a major venue sporting event, or attempt to do so, with the intent to cause physical injury to a sports participant during a major venue sporting event or with the intent to disrupt a major venue sporting event.
3. It shall be illegal for any person other than a sports participant to place, drop, toss or hurl any substance, object or dangerous instrument onto the playing area of a major venue sporting event, or attempt to do so, with the intent to cause physical injury to a sports participant during a major venue sporting event or with the intent to disrupt a major venue sporting event.
4. It shall be illegal for any person other than a sports participant to strike, slap, kick or otherwise subject to physical contact a sports participant during a major venue sporting event, or to attempt to do so, with the intent to cause physical injury to a sports participant during a major venue sporting event or with the intent to disrupt a major venue sporting event.
c. Criminal penalties.
1. Any person who knowingly enters or remains unlawfully upon the playing area of a major venue sporting event shall be guilty of a misdemeanor punishable by imprisonment of not more than one year, a fine of not more than one thousand dollars, or both.
2. Any person who uses a dangerous instrument when violating the provisions of paragraph two of subdivision b of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not more than one thousand dollars, or both. Any person who violates the provisions of such paragraph by using any substance or object other than a dangerous instrument shall be guilty of a misdemeanor punishable by imprisonment of not more than ninety days or a fine of not more than five hundred dollars, or both.
3. Any person who uses a dangerous instrument when violating the provisions of paragraph three of subdivision b of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not more than one thousand dollars, or both. Any person who violates the provisions of such paragraph by using any substance or object other than a dangerous instrument shall be guilty of a misdemeanor punishable by imprisonment of not more than ninety days or a fine of not more than five hundred dollars, or both.
4. Any person who violates the provisions of paragraph four of subdivision b of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not more than one thousand dollars, or both.
d. Civil penalties.
1. Any person who violates the provisions of paragraph one or paragraph three of subdivision b of this section shall be liable, to any person or entity injured or aggrieved by such action, for a civil penalty of not less than one thousand dollars and not more than five thousand dollars.
2. Any person who violates the provisions of paragraph two or paragraph four of subdivision b of this section shall be liable, to any person or entity injured or aggrieved by such action, for a civil penalty of not less than ten thousand dollars and not more than twenty-five thousand dollars.
3. The civil penalties set forth in paragraphs one and two of this subdivision shall be in addition to any criminal penalties and/or sanctions that may be imposed, and such civil penalties shall not limit or preclude any cause of action available to any person or entity injured or aggrieved by such action.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/061 and L.L. 2005/100.
a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
1. "Vehicle" shall have the same meaning as such term is defined in article one of the vehicle and traffic law.
2. "Engage" or "aid or abet" shall mean actions or circumstances that reasonably indicate that a race, exhibition or contest of speed or stunt behavior has occurred or is imminent, including, but not limited to: the presence of a canister appearing to hold nitrous oxide attached to a vehicle; an explicit invitation to race; the presence of a starting or ending point marked in some way; wagering on the race's outcome; the exhibiting of stunt behavior; acting as a starter or flagperson; pushing vehicles to a starting line; or directing traffic at such an event or gathering.
3. "Stunt behavior" shall mean operating a vehicle in a public place, or on private property open to the public, in a manner which unreasonably interferes with other persons' use of public streets and/or endangers the health or safety of the public, the vehicle operator or its passengers, by accelerating a vehicle at a high rate of speed; raising a vehicle to the degree that one or more wheels lose contact with the ground, commonly referred to as a "wheelie"; spinning a vehicle rapidly in a circle, commonly referred to as a "donut"; using the power of the engine and braking force to cause the rear wheel of a vehicle to spin, heating the rear tire and producing smoke; or increasing the revolutions per minute of a vehicle whether or not the vehicle is in motion, commonly referred to as "revving," thereby causing unreasonable noise.
b. Except as provided in the vehicle and traffic law, no person shall engage in any race, exhibition or contest of speed involving a vehicle, or aid or abet in such race, exhibition or contest of speed, on any highway, street, alley, sidewalk, or any public or private parking lot or area.
c. Except as provided in the vehicle and traffic law, no person shall engage in stunt behavior involving a vehicle, or aid or abet in such stunt behavior.
d. Except as provided in the vehicle and traffic law, no person shall participate in any event or gathering held for the purpose of a race, exhibition or contest of speed or stunt behavior involving a vehicle. For purposes of this subdivision, "participate" shall mean wagering on the outcome of the race, exhibition or contest of speed or stunt behavior or taking specific overt actions encouraging the people engaging in the race, exhibition, contest of speed or stunt behavior.
e. Except as provided in the vehicle and traffic law, no person shall operate, drive or park a motorcycle, whether or not in motion, unless the number plate is easily readable and is not obstructed by any part of the motorcycle, its equipment, or anything carried thereon, including the operator or a passenger. For purposes of this subdivision, "motorcycle" shall have the same meaning as in section one hundred twenty three of the vehicle and traffic law.
f. A violation of subdivision b or c shall constitute a misdemeanor and be punishable by imprisonment of not more than six months or a fine of not more than six hundred dollars, or both such fine and imprisonment, except that the imprisonment for a violation of subdivision c shall be not more than sixty days. A second or subsequent violation of subdivision b or c of this section committed within ten years of a violation of subdivision b or c of this section shall be punishable upon conviction by imprisonment of not more than one year or a fine of not more than one thousand dollars, or both such fine and imprisonment, except that the imprisonment for a violation of subdivision c shall be not more than one hundred twenty days. A violation of subdivision d or e shall constitute a violation punishable by imprisonment of up to fifteen days or a fine of not more than two hundred fifty dollars, or both such fine and imprisonment.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/046.
a. Upon the immediate approach of an authorized emergency vehicle, as defined in the vehicle and traffic law, equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle other than a police vehicle or bicycle when operated as an authorized emergency vehicle, and when audible signals are sounded from any said vehicle by siren, exhaust whistle, bell, air-horn or electronic equivalent; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge or curb of the roadway, or to either edge of a one-way roadway three or more lanes in width, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer or other authorized employee of the police department.
b. Any person who violates the provisions of this section shall be guilty of a misdemeanor, and for a first conviction thereof shall be punishable by a fine of not more than three hundred dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of ten years, a person shall be punishable by a fine of not more than six hundred dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of ten years, a person shall be punishable by a fine of not more than nine hundred dollars or by imprisonment for not more than one-hundred eighty days or by both such fine and imprisonment.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/098.
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