BILL NUMBER:A9741
TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to ordering the confiscation of property or
devices belonging to persistent violators of noise ordinances
PURPOSE: To ensure noise ordinances are being followed, and repeat
offenders punished through the confiscation of their device or
property that was willfully being used.
SUMMARY OF PROVISION: Amends subdivision (b) of section 24-257 to
order confiscation of property or devices used in continually
violating the noise ordinance. The confiscation order can be
challenged through a hearing. The board makes the final decision, once
the hearing has been completed.
JUSTIFICATION: Neighborhoods should not have to deal with constant
loud noises, especially by neighbors or citizens who are repeat
offenders. Confiscating their devices will aide in curbing the amount
of noise that emits from certain neighborhoods. Offenders have the
ability to go before a hearing to plead their case, yet the hearing
board has final say in its decision.
LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: Fiscal implications to be determined.
S T A T E O F N E W Y O R K
________________________________________________________________________
9741
I N A S S E M B L Y
January 21, 2010
___________
Introduced by M. of A. COOK, SCARBOROUGH, MARKEY -- Multi-Sponsored by
-- M. of A. M. MILLER -- 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 ordering the confiscation of property or devices belonging
to persistent violators of noise ordinances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (b) of section 24-257 of the administrative
code of the city of New York is amended by adding a new paragraph 11 to
read as follows:
(11) ORDER THE CONFISCATION OF PROPERTY OR DEVICES, USED IN WILLFUL
AND CONTINUAL VIOLATION OF ANY PROVISION OF THIS CODE OR ORDER OR REGU-
LATION PROMULGATED BY THE COMMISSION OR THE BOARD, WHICH BELONGS TO ANY
PERSON CLASSIFIED AS A PERSISTENT VIOLATOR AS PROVIDED IN PARAGRAPH TEN
OF THIS SUBDIVISION. SUCH ORDER SHALL BE EFFECTIVE UPON SERVICE THEREOF.
ANY PARTY AFFECTED BY SUCH AN ORDER MAY REQUEST A HEARING ON WRITTEN
NOTICE, AND HE OR SHE SHALL BE AFFORDED A HEARING, WITHIN TWENTY-FOUR
HOURS AFTER SERVICE OF SUCH REQUEST, PURSUANT TO SECTION 24-263 OF THIS
CODE. IF SUCH AN ACCELERATED HEARING IS NOT REQUESTED, THEN A HEARING
SHALL BE AFFORDED WITHIN TEN DAYS OF THE ISSUANCE OF THE ORDER. THE
BOARD SHALL ISSUE ITS FINAL DECISION AND ORDER THEREON WITHIN THREE DAYS
FROM THE CONCLUSION OF A HEARING HELD PURSUANT TO THIS SUBDIVISION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10075-01-9
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