Int. No. 606-A

By Council Members Avilés, Ossé, Nurse, Marte, Gennaro, Restler, Ung, Narcisse, Won, Krishnan, Holden, Gutiérrez, Joseph, Menin, Bottcher, Brooks-Powers, Velázquez, Williams, De La Rosa, Farías, Abreu, Feliz, Sanchez, Lee, Hanks, Brewer, Barron, Rivera, Yeger, Dinowitz, Salamanca, Brannan, Schulman, Powers, Moya, Riley, Richardson Jordan, Hudson and Louis (conjunction with the Bronx Borough President)

A Local Law to amend the administrative code of the city of New York, in relation to motor vehicles idling adjacent to and within certain parks

Be it enacted by the Council as follows:

Section 1. Subdivision (f) of section 24-163 of the administrative code of the city of New York, as amended by local law number 38  for the year 2015, is amended as follows:

(f) No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than one minute if such motor vehicle is adjacent, as determined by rule, to any public school under the jurisdiction of the New York city department of education or to any non-public school that provided educational instruction to students in any grade from pre-kindergarten to the twelfth grade level, or is adjacent to, as determined by rule, or within, any park under the jurisdiction of the New York city department of parks and recreation, while parking as defined in section one hundred twenty-nine of the vehicle and traffic law, standing as defined in section one hundred forty-five of the vehicle and traffic law, or stopping as defined in section one hundred forty-seven of the vehicle and traffic law, unless the engine is used to operate a loading, unloading or processing device, and provided that idling of an engine of a school bus may be permitted to the extent necessary: (1) for mechanical work; (2) to maintain an appropriate temperature for passenger comfort; or (3) in emergency evacuations where necessary to operate wheelchair lifts. It shall be an affirmative defense that any such school or park was not easily identifiable as a school or park  by signage or otherwise at the time a violation of this subdivision occurred. For purposes of this subdivision, “park” means a park that has been designated with a name and is identified as a park on the website of the department of parks and recreation and does not include any parking lot located within such park.

§ 2. This local law takes effect 90 days after it becomes law.

APM

LS #8715

4/3/23 5:47pm