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a. Definitions. As used in this section, the following terms have the following meanings:
City property. The term "city property" means any real property leased or owned by the city that serves a city governmental purpose and over which the city has operational control.
Immigration enforcement. The term "immigration enforcement" means the enforcement of any civil provision of the immigration and nationality act and any provision of such law that penalizes a person's presence in, entry into, or reentry into the United States.
b. No agency shall subject its officers or employees to the direction and supervision of the secretary of homeland security primarily in furtherance of immigration enforcement.
c. No city resources, including, but not limited to, time spent by employees, officers, contractors, or subcontractors while on duty, or the use of city property, shall be utilized for immigration enforcement.
d. Whenever any city officer or employee receives a request from a non-local law enforcement agency for the city to provide support or assistance intended to further immigration enforcement, such officer or employee's agency shall make a record relating to such request, including any response or actions taken in response. An office of the mayor, or an agency the head of which is appointed by the mayor, shall be designated by the mayor to submit to the speaker of the council a quarterly report containing an anonymized compilation or summary of such requests and actions taken in response, disaggregated by the requesting non-local law enforcement agency and the agency receiving such a request; provided, however, disclosure of any such information shall not be required if: (i) such disclosure would interfere with law enforcement investigations or (ii) such disclosure is related to actions taken pursuant to clause (i) of subdivision e of this section and would compromise public safety. Such report shall not be required to include information contained in reports required pursuant to section 9-131, 9-205, or 14-154.
e. Nothing in this section shall prohibit city officers and employees from performing their duties in accordance with state and local law by, including, but not limited to: (i) participating in cooperative arrangements with city, state, or federal law enforcement agencies that are not primarily intended to further immigration enforcement or utilizing city resources in connection with such cooperative arrangements and (ii) taking actions consistent with sections 9-205, 9-131, and 14-154. In addition, nothing in this section shall prevent any city officer or employee from complying with federal law or restrict their discretion to take any action if such restriction is prohibited by federal law.
(L.L. 2017/228, 12/1/2017, eff. 1/30/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/228.
a. Prohibition. A person is guilty of disorderly behavior when, with intent to cause public inconvenience, annoyance or alarm, or recklessly or with criminal negligence creating a risk thereof, such person:
1. Engages in fighting or in violent, tumultuous or threatening behavior;
2. Makes unreasonable noise;
3. In a public place, uses abusive or obscene language, or makes an obscene gesture;
4. Without lawful authority, disturbs any lawful assembly or meeting of persons;
5. Obstructs vehicular or pedestrian traffic;
6. Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
7. Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
b. Criminal penalty. The violation of subdivision a of this section constitutes an offense punishable by imprisonment of up to 5 days or a fine of up to 200 dollars.
c. Civil penalty. Any person who violates subdivision a of this section shall be liable for a civil penalty of up to 75 dollars, which may be recoverable in a proceeding before the office of administrative trials and hearings, pursuant to chapter 45-A of the charter.
(L.L. 2017/229, 12/1/2017, eff. 12/1/2017; Am. L.L. 2018/192, 12/1/2018, eff. 3/1/2019)
a. Definitions. As used in this section, the following terms have the following meanings:
Consent. The term "consent" means permission that is knowingly, intelligently and voluntarily given for the particular disclosure at issue.
Covered recipient. The term "covered recipient" means an individual who gains possession of, or access to, an intimate image from a depicted individual, including through the recording of the intimate image.
Depicted individual. The term "depicted individual" means an individual depicted in a photograph, film, videotape, recording or any other reproduction of an image that portrays such individual (i) with fully or partially exposed intimate body parts, (ii) with another individual whose intimate body parts are exposed, as recorded immediately before or after the occurrence of sexual activity between those individuals, or (iii) engaged in sexual activity.
Disclose. The term "disclose" means to disseminate as defined in subdivision 5 of section 250.40 of the penal law, or to publish as defined in subdivision 6 of section 250.40 of the penal law.
Intimate body parts. The term "intimate body parts" means the genitals, pubic area or anus of any person, or the female nipple or areola of a person who is 11 years old or older.
Intimate image. The term "intimate image" means a photograph, film, videotape, recording or any other reproduction of an image of a depicted individual that has been disclosed or threatened to be disclosed in a manner in which, or to a person or audience to whom, the depicted individual intended it would not be disclosed, at the time at which the covered recipient gained possession of, or access to, the intimate image. An intimate image does not include any image taken in a public place as defined in section 240.00 of the penal law, except if, at the time the image was recorded, an individual in the depicted individual's position would reasonably have believed that no one other than the covered recipient could view the applicable intimate body parts or sexual activity while such body parts were exposed or such activity was occurring.
Sexual activity. The term "sexual activity" means sexual intercourse as defined in subdivision 1 of section 130.00 of the penal law, oral sexual conduct or anal sexual conduct as those terms are defined in subdivision 2 of section 130.00 of the penal law, touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire, sexual penetration with any object or the transmission or appearance of semen upon any part of the depicted individual's body.
b. Unlawful disclosure of an intimate image.
1. It is unlawful for a covered recipient to disclose an intimate image, without the depicted individual's consent, with the intent to cause economic, physical or substantial emotional harm to such depicted individual, where such depicted individual is or would be identifiable to another individual either from the intimate image or from the circumstances under which such image is disclosed.
2. It is unlawful for a covered recipient to make a threat to violate paragraph 1 of this subdivision, provided that for the purposes of this paragraph a depicted individual shall be considered to be identifiable where the covered recipient states or implies that such person would be so identifiable.
c. Criminal penalty. Any individual who violates subdivision b of this section shall be guilty of a misdemeanor punishable by up to one year in jail, or a fine of up to $1,000, or both.
d. Civil cause of action.
1. Any individual who suffers harm from a violation of subdivision b of this section shall have a civil cause of action in any court of competent jurisdiction against the individual who violated that subdivision.
2. The defendant may be held liable to the plaintiff for any or all of the following relief:
(a) Compensatory and punitive damages;
(b) Injunctive and declaratory relief;
(c) Attorneys' fees and costs; and
(d) Such other relief as a court may deem appropriate.
3. This subdivision shall not be construed to require that a criminal charge be brought, or a criminal conviction be obtained, as a condition of bringing a civil action or receiving a civil judgment pursuant to this subdivision.
e. Provisos. The prohibitions contained in subdivision b do not apply if:
1. Such disclosure or threat of disclosure is made in the course of reporting unlawful activity, in the course of a legal proceeding or by law enforcement personnel in the conduct of their authorized duties;
2. Such disclosure is made by a provider of an interactive computer service, as defined in paragraph (2) of subsection (f) of section 230 of title 47 of the United States code, with regard to content provided by another information content provider, as defined in paragraph (3) of such subsection; or
3. Such disclosure or threat of disclosure is made in relation to a matter of legitimate public concern or is otherwise protected by the first amendment of the United States constitution.
(L.L. 2017/242, 12/17/2017, eff. 12/17/2017; Am. L.L. 2018/192, 12/1/2018, eff. 3/1/2019)
a. Unlawful methods of restraint. No person shall restrain an individual in a manner that restricts the flow of air or blood by compressing the windpipe or the carotid arteries on each side of the neck, or sitting, kneeling, or standing on the chest or back in a manner that compresses the diaphragm, in the course of effecting or attempting to effect an arrest.
b. Penalties. Any person who violates subdivision a 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 $2,500, or both.
c. Any penalties resulting from a violation of subdivision a of this section shall not limit or preclude any cause of action available to any person or entity injured or aggrieved by such violation.
(L.L. 2020/066, 7/15/2020, eff. 7/15/2020)
a. It shall be unlawful for any person or entity to sell, offer for sale or distribute any artificial or synthetic material or substance for the purpose of concealing or obscuring the number on a license plate or distorting a recorded or photographic image of such license plate.
b. Authorized agents and employees of the police department, and of any other agency designated by the mayor, shall have the authority to enforce the provisions of subdivision a of this section.
c. Civil penalty. Any person who violates subdivision a of this section shall be liable for a civil penalty of not less than $300 for the first violation and not less than $500 for each subsequent violation, which may be recoverable in a proceeding before the office of administrative trials and hearings, pursuant to chapter 45-A of the charter.
(L.L. 2022/022, 1/9/2022, eff. 4/9/2022)
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