Bill Text: NY A05262 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 5262

Introduced

Bill Title: Increases penalties for public urination or defecation to $500 for any violation.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2024-01-03 - referred to cities [A05262 Detail]

Download: New_York-2023-A05262-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          5262

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced  by M. of A. CHANG, BROOK-KRASNY -- 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 penalties for public urination and defecation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 8 and 11 of section 16-118 of the  administra-
     2  tive  code of the city of New York, as amended by local law number 75 of
     3  the city of New York for the year 2016, are amended to read as follows:
     4    8. The violation of any provision of this section shall constitute  an
     5  offense  punishable  by  a  fine of not less than fifty dollars nor more
     6  than two hundred fifty dollars, or by imprisonment  not  to  exceed  ten
     7  days,  or  both;  provided  that  the violation of subdivision 1 of this
     8  section[, or the violation of subdivision 6 of this section by means  of
     9  the  act  of  public  urination,] shall constitute an offense punishable
    10  only by a fine of not less than fifty dollars nor more than two  hundred
    11  fifty  dollars,  or by imprisonment not to exceed one day, and provided,
    12  further, that the violation of subdivision 6 of this section by    means
    13  of  the  act of public urination or public defecation shall constitute a
    14  class A misdemeanor punishable by a fine of five hundred dollars.
    15    11. In the event that a  violator  fails  to  answer  such  notice  of
    16  violation within the time provided therefor by the rules and regulations
    17  of the environmental control board, a tribunal of the office of adminis-
    18  trative  trials and hearings, pursuant to section 1049-a of the charter,
    19  he or she shall become liable for additional penalties.  The  additional
    20  penalties   shall  not  exceed  four  hundred  fifty  dollars  for  each
    21  violation, provided that such penalties imposed for a violation of  this
    22  section  for  the act of public urination or public defecation shall not
    23  exceed 150 percent of the penalties enumerated in paragraph b of  subdi-
    24  vision  9  of  this  section,  and  further provided that such penalties
    25  imposed for violations of subdivision 1 of this section shall not exceed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00230-01-3
        A. 5262                             2

     1  150 percent of the penalties enumerated in paragraph c of subdivision  9
     2  of this section.
     3    § 2. Paragraph b of subdivision 9 of section 16-118 of the administra-
     4  tive code of the city of New York, as amended by local law number 137 of
     5  the city of New York for the year 2018, is amended to read as follows:
     6    b.  notwithstanding  paragraph  a of this subdivision, for any natural
     7  person violating subdivision 6 of this section by means of  the  act  of
     8  public urination[:
     9    (1) 75 dollars for a first violation, and
    10    (2)  not  less  than  250 and not more than 350 dollars for any second
    11  violation within any 12 month period, and
    12    (3) not less than 350 and not more than  450  dollars  for  any  third
    13  violation  within any 12 month period] or public defecation, 500 dollars
    14  for each violation;
    15    § 3. This act shall take effect immediately.