Int. No. 545
By Council Members Treyger, Kallos, Cumbo, Menchaca, Gentile, Cohen, Deutsch, Johnson, Koo, Mealy, Miller, Maisel, Rosenthal, King, Palma and Espinal
A Local Law to amend the administrative code of the city of New York, in relation to bicycle safety.
Be it enacted by the Council as follows:
Section 1. Subchapter three of chapter one of title 19 of the administrative code of the city of New York is amended by adding a new section 19-192 to read as follows:
§ 19-192 Bicycle safety. a. The department shall establish or approve a bicycle safety course regarding safe bicycling and adherence to applicable provisions of state vehicle and traffic law and this code.
b. The department shall establish and engage in outreach and public education efforts regarding safe bicycling and the bicycle safety course in consultation with the police department. Such outreach and education efforts shall commence no later than June 1, 2015 and shall include educational materials that shall be made available on the department's website no later than June 1, 2015.
§ 2. Subdivision d of section 19-171 of the administrative code of the city of new york is amended to read as follows:
d. It is a traffic infraction to violate the provisions of this section punishable, upon conviction, by a civil penalty of not more than fifty dollars. Such traffic infractions shall be heard and determined in accordance with article 2-A of the vehicle and traffic law. A hearing officer shall waive the civil penalty for which the parent or guardian of a person who violates the provisions of this section would be liable if such parent or guardian supplies proof that between the date of violation and the appearance date for such violation such parent or guardian purchased or rented a helmet that meets the requirements of this section, or if such parent or guardian completes a bicycle safety course established pursuant to section 19-192 of the code subsequent to such violation. A hearing officer may waive the civil penalty for which the parent or guardian of a person who violates the provisions of this section would be liable if he or she finds that due to reasons of economic hardship such parent or guardian was unable to purchase or rent a helmet. A waiver of the civil penalty shall not apply to a second or subsequent conviction under this section.
§ 3. Subdivision b of section 19-176 of the administrative code of the city of new york is amended to read as follows:
b. No person shall ride a bicycle upon any sidewalk unless permitted by an official sign. A person who violates this subdivision may be issued a notice of violation and shall be liable for a civil penalty of not more than one hundred dollars which may be recovered in a proceeding before the environmental control board. Notwithstanding the foregoing, a person shall not be liable for a civil penalty for a first violation of this subdivision if such person completes a bicycle safety course established pursuant to section 19-192 of the code subsequent to such violation.
§ 4. This local law shall take effect 90 days after its enactment into law, provided however, that the commissioner shall take all necessary action, including the promulgation of rules, prior to such effective date.
KET 10/15/14 12:48P M
LS 3001/2014