This bill would create an affirmative defense for certain sanitation violations in situations of a declared local state of emergency or a public request by the Mayor that residents remain indoors.
- Filed (End of Session)
History
Int. No. 1564
By Council Members Dromm and Gentile
A Local Law to amend the administrative code of the city of New York, in relation to certain sanitation violations received during declared emergencies or severe weather conditions
Be it enacted by the Council as follows:
Section 1. Subdivision b of section 16-142 of the administrative code of the city of New York is amended to read as follows:
b. It shall be an affirmative defense to a violation of subdivision two of section 16-118 for any covered person that:
1. A natural or man-made disaster, as determined by the commissioner, occurred within the prior 30 days preceding issuance of such violation and such building or premises is within the area affected by such disaster; or
2. The covered person was displaced by such disaster and such building or premises was undergoing or scheduled for work or acquisition through a city-operated disaster recovery program responding to such disaster; or
3. Such violation was issued during a period and place in which the mayor proclaimed a local state of emergency pursuant to section 24 of the executive law; or
4. Such violation was issued on a date for which the mayor publicly urged residents to remain indoors due to temperatures of extreme heat or cold.
§ 2. This local law takes effect 120 days after becoming law.
BJR
LS 8522
12/30/16 11:54AM