Int. No. 684

By Council Members Menin, Avilés, Louis, Nurse, Restler, Hanif, Hudson, Joseph, Ung, Marte, Velázquez, De La Rosa, Holden, Farías, Williams, Cabán, Powers, Narcisse, Bottcher, Schulman, Richardson Jordan, Ayala, Won, Krishnan, Abreu, Feliz, Ossé, Gutiérrez, Dinowitz, Kagan, Sanchez, Hanks, Riley, Rivera, Salamanca, Brannan, Gennaro, Brewer, Brooks-Powers and Paladino (in conjunction with the Manhattan and Bronx Borough Presidents)

A Local Law to amend the administrative code of the city of New York, in relation to increasing civil penalties for idling infractions by trucks and buses

Be it enacted by the Council as follows:

Section 1. Section 24-104 of the administrative code of the city of New York, as amended by local law number 119 for the year 2016, is amended by adding new definitions of “bus” and “truck” in alphabetical order to read as follows:

Bus. The term “bus” has the same meaning as set forth in section 4-01 of title 34 of the rules of the city of New York.

Truck. The term “truck” has the same meaning as set forth in section 4-01 of title 34 of the rules of the city of New York.

§ 2. Subdivision a of section 24-163 of the administrative code of the city of New York, as amended by local law number 58 for the year 2018, is amended to read as follows:

(a) No person shall cause or permit the engine of a motor vehicle, including a bus or truck, other than a legally authorized emergency motor vehicle, to idle for longer than three minutes, except as provided in subdivision (f) of this section, 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. When the ambient temperature is in excess of forty degrees Fahrenheit, no person shall cause or permit the engine of a bus as defined in section one hundred four of the vehicle and traffic law to idle while parking, standing, or stopping (as defined above) at any terminal point, whether or not enclosed, along an established route.

(1) A person operating a bus or truck in violation of this subdivision shall receive a civil penalty of not less than $1,000 nor more than $2,000 for the first violation.

(2) A person operating a bus or truck in violation of this subdivision shall receive a civil penalty of not less than $2,000 nor more than $4,000 for the second violation.

(3) A person operating a bus or truck in violation of this subdivision shall receive a civil penalty of not less than $3,000 nor more than $6,000 for the third and subsequent violations.

§ 3. The line beginning 24-163 in the table of civil penalties following subparagraph (i) of paragraph (3) of subdivision (a) of section 24-178 of the administrative code of the city of New York, as amended by local law 154 for the year 2021, is amended and three new rows, 24-163(a)(1), 24-163(a)(2), and 24-163(a)(3), are added to read as follows:

§ 4. This local law takes effect 120 days after it becomes law.

JGP

LS #8227

9/7/2022 2:05p