STATE OF NEW YORK
        ________________________________________________________________________
                                          4426
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Cities
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation  to requiring the department of sanitation to remove any snow
          or ice accumulation in front of fire hydrants
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  15-205 of the administrative code of the city of
     2  New York, as amended by local law number 149 of the city of New York for
     3  the year 2016, is amended to read as follows:
     4    § 15-205 Obstruction of fire hydrants. a. For  the  purposes  of  this
     5  section,  the  term  "fire hydrant street area" means, with respect to a
     6  fire hydrant, any space that is located:
     7    1. In a street; and
     8    2. Between the center of such street and a line that (i) is 20 feet in
     9  length, (ii) has such hydrant at its center point and (iii) runs  paral-
    10  lel to the curb nearest such hydrant.
    11    b.  1.  It  shall be unlawful in any manner to obstruct the use of any
    12  fire hydrant, or to throw or pile, or allow any snow  or  ice  or  other
    13  material  or  thing  to be thrown or piled (i) upon a fire hydrant, (ii)
    14  within two feet of a fire hydrant or (iii) within a fire hydrant  street
    15  area.  All material or things found obstructing any fire hydrant [may be
    16  forthwith] shall be removed by the officers or employees of the  depart-
    17  ment,  at the risk, cost and expense, of the [owner, lessee or tenant of
    18  the premises fronting such hydrant] department of sanitation.
    19    2. No newsstand may be located within ten feet from either side  of  a
    20  fire  hydrant, except that this prohibition shall not apply to any news-
    21  stand which was first licensed by the  department  of  consumer  affairs
    22  before  August  1,  1979, where the person who held the license for such
    23  newsstand on August 1, 1991 continues to be the licensee for such  news-
    24  stand;  provided,  however,  that  where  a  newsstand  which  was first
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07996-01-9

        A. 4426                             2
     1  licensed before August 1, 1979 is reconstructed in its  entirety  or  in
     2  substantial  part, which reconstruction was commenced on or after August
     3  1, 1991, such newsstand shall be subject to such prohibition.
     4    c.  All  snow  and ice accumulating within a space identified in para-
     5  graph 1 of subdivision b of this section shall be removed by the [owner,
     6  lessee or tenant of the premises fronting such space within  four  hours
     7  after  the  snow  ceases  to fall, except that (i) such owner, lessee or
     8  tenant shall not be required to  remove  snow  and  ice  from  the  fire
     9  hydrant street area or from the property of such owner, lessee or tenant
    10  and  (ii) the time between 9:00 p.m. and 7:00 a.m. shall not be included
    11  in the aforementioned period of four hours] department of sanitation.
    12    d. Notwithstanding section 15-216, a violation or knowing violation of
    13  this section shall be punishable in the same manner as  a  violation  of
    14  subdivision  a  of  section  16-123,  except that a knowing violation of
    15  subdivision b of this section may in addition be punishable by imprison-
    16  ment not to exceed one day.
    17    e. In addition to the department, the  department  of  sanitation  may
    18  enforce the provisions of this section.
    19    § 2. This act shall take effect immediately.