This local law would institute a civil penalty for any individual convicted under the Penal Law for larceny of a bicycle or motor vehicle, or the unauthorized use of a vehicle. For theft of a bicycle, the amount of the penalty would be between $500-$1,000 per bicycle, and for theft of a motor vehicle, the amount of the penalty would be between $5,000-$7,500 per vehicle. These penalties would be recoverable at the Environmental Control Board, and would be an addition to or as an alternative to any criminal penalties authorized by law. The civil penalty would also not limit any cause of action available to an individual or entity aggrieved by the acts applicable to this section.
- Filed (End of Session)
History
Int. No. 333
By Council Member Rodriguez
A Local Law to amend the administrative code of the city of New York, in relation to establishing civil penalties for theft of a bicycle or motor vehicle
Be it enacted by the Council as follows:
Section 1. Chapter one of title 19 of the administrative code of the city of New York is amended by adding a new section 19-175.6 to read as follows:
§ 19-175.6 Civil penalties for theft of bicycles and motor vehicles. a. Definitions. For purposes of this section:
Bicycle. The term “bicycle” shall have the same meaning as in section 19-176 of this code.
Motor vehicle. The term “Motor vehicle” shall have the same meaning as in section one hundred twenty five of the vehicle and traffic law.
b. Any individual convicted of the theft of a bicycle or motor vehicle under one or more of the following sections of the penal law: 155.25, 155.30, 155.35, 155.40, 155.42, 165.05, 165.06 or 165.08 shall be liable for a civil penalty, recoverable at the environmental control board, of not less than $500 nor more than $1,000 for each bicycle wrongfully taken, obtained or withheld, and of not less than $5,000 nor more than $7,500 for each motor vehicle wrongfully taken, obtained, or withheld. Such civil penalty shall be in addition to or as an alternative to any criminal penalties authorized by law and shall not limit or preclude any cause of action available to any person or entity aggrieved by any of the acts applicable to this section.
§2. This local law shall take effect 60 days after it becomes law.
ENB
LS#809
LS#2708/Int. No. 716-2015
12/21/17