File #: Int 0473-2024    Version: * Name: Offering community service in lieu of civil penalties for certain littering violations.
Type: Introduction Status: Committee
Committee: Committee on Public Safety
On agenda: 2/28/2024
Enactment date: Law number:
Title: A Local Law to amend the New York city charter, in relation to offering community service in lieu of civil penalties for certain littering violations
Sponsors: Nantasha M. Williams, Althea V. Stevens, Lincoln Restler, Yusef Salaam, Shekar Krishnan, Kevin C. Riley, Tiffany Cabán, Jennifer Gutiérrez, Crystal Hudson, Alexa Avilés, Chi A. Ossé, James F. Gennaro, Pierina Ana Sanchez, Carmen N. De La Rosa, Diana I. Ayala, Shahana K. Hanif, Farah N. Louis, Christopher Marte, Chris Banks, Kamillah Hanks, Julie Won
Council Member Sponsors: 21
Summary: This bill would require that judges at the Office of Administrative Trials and Hearings offer the option to complete community service in lieu of paying civil penalties for violations given to an owner, lessee, tenant, occupant or person in charge of a building or premises for improper disposal of garbage or other matter in certain areas next to such building or premises.
Attachments: 1. Summary of Int. No. 473, 2. Int. No. 473, 3. February 28, 2024 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 2-28-24, 5. Minutes of the Stated Meeting - February 28, 2024

Int. No. 473

 

By Council Members Williams, Stevens, Restler, Salaam, Krishnan, Riley, Cabán, Gutiérrez, Hudson, Avilés, Ossé, Gennaro, Sanchez, De La Rosa, Ayala, Hanif, Louis, Marte, Banks, Hanks and Won

 

A Local Law to amend the New York city charter, in relation to offering community service in lieu of civil penalties for certain littering violations

 

Be it enacted by the Council as follows:

 

Section 1. The opening paragraph and paragraphs (a) and (b) of subdivision 4 of section 1049 of the New York city charter, as added by local law number 73 for the year 2016, are amended to read as follows:

4. Notwithstanding any other provision of law, in the conduct of an adjudication relating to a natural person accused of committing a specified violation, as defined in paragraph (b) of this subdivision, an administrative law judge or a hearing officer shall offer the respondent the option to perform community service in lieu of a monetary civil penalty.

(a) For purposes of this section, the term “community service” means performing services for a public or not-for profit corporation, association, institution, or agency in lieu of payment of a monetary civil penalty. Such services may include, but are not limited to, attendance at programs, either in person or web-based, designed to benefit, improve, or educate either the community or the respondent.

(b) For purposes of this section, the term “specified violation” means a violation of: subparagraph (i) of paragraph 9 of subdivision a of section 533; section 10-125 of the administrative code; subdivision 1 of section 16-118 of the administrative code; paragraph (a) of subdivision 2 of section 16-118 of the administrative code; subdivision 6 of section 16-118 of the administrative code, with respect to the act of public urination; section 18-146 of the administrative code, excluding paragraphs 2, 3, 21, 23, and 24 of subdivision c; or subdivision (a) of section 24-218 of the administrative code. Specified violations shall not include violations arising during the course of conducting any commercial activity or violations arising from any activity carried out for a commercial purpose, except that a violation of paragraph 15 of section 18-146 of the administrative code is a specified violation, regardless of whether such violation arose during the course of conducting a commercial activity or from an activity carried out for a commercial purpose.

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

 

Session 13

LS #11374

1/25/2024

 

Session 12

SM

LS #11374

10/4/2023 11:20 AM