NY State Senate Bill 2009-S2388

Senate Bill S2388

2009-2010 Legislative Session

Requires that persons in charge of any commercial building in the city of New York keep the sidewalk, flagging and curbstone free from sign advertisements

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to cities
Feb 19, 2009	referred to cities

2009-S2388 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§16-118 & 10-119, NYC Ad Cd

2009-S2388 (ACTIVE) - Summary

Requires that persons in charge of any commercial building in the city of New York keep the sidewalk, flagging and curbstone free of obstruction by sign advertisements.

2009-S2388 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2388

 TITLE OF BILL :

An act to amend the administrative code of the city of New York, in
relation to unlawful obstructions


 PURPOSE :

The subject bill amends sections 16-118(2) and 10-119(a) and (b) of
the New York City Administrative Code to prevent the placing of any
"A-frame" signs, sandwich board signs or other type of sign
advertising on sidewalks, curbstones, etc.

 JUSTIFICATION :

Currently § 16-118(2) of the New York City Administrative Code
authorizes the New York City Department of Sanitation to issue
violations to persons who fail to keep the sidewalks, air shafts,
areaways, backyards, courts, alleys, etc. abutting their buildings or
premises free from garbage, refuse, rubbish, litter and other
offensive material. It has been a long standing Department policy, and
the New York City Environmental Control Board has determined, that
A-frame signs, sandwich board signs and signs staked into the sidewalk
constitute a sidewalk obstruction.

Recently, Department enforcement personnel have noticed a rise in
complaints from residents and elected officials about sidewalk
obstructions, specifically signs, in their neighborhoods and
throughout the City. In an attempt to evade liability under the
current law, unscrupulous business owners are placing signs in front
of competing business establishments, as well as other locations such
as street comers and crosswalks. Not only do such actions impede the
safe flow of pedestrian traffic, they also create a hazard to all
pedestrians, especially to those vision-impaired and those pushing
baby strollers. To ensure that the responsible party properly receives
a summons, liability should be established based on the information
and details contained on the sign rather than the geographic location
of the sign. Under the current law, the Department may only issue a
summons to the person responsible for the premises outside where the
signboard placed.

This amendment would make the commercial establishment responsible for
placing the sign liable for a sidewalk obstruction violation. Failure
to comply with the sidewalk obstruction rules would subject the
commercial establishment to a violation, returnable to the
Environmental Control Board, that carries a civil penalty of not less
than fifty dollars ($50) nor more than two hundred fifty dollars
($250).  See Administrative Code § 16-118(9).  There are additional
penalties for failing to answer the notice of violation, appearance
ticket or summons within the appropriate time. Administrative Code §
16-118 (1).

 LEGISLATIVE HISTORY :

S.6106/A.9414 of 2007-08

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S2388 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2388

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 19, 2009
                               ___________

Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to unlawful obstructions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 16-118 of the administrative  code
of  the city of New York, as amended by local law number 108 of the city
of New York for the year 2005, is amended to read as follows:
  2. (a) (I) Every owner, lessee, tenant, occupant or person  in  charge
of  any  building  or premises shall keep and cause to be kept the side-
walk, flagging and curbstone abutting said  building  or  premises  free
from  obstruction and nuisances of every kind, and shall keep said side-
walks, flagging, curbstones, and air shafts, areaways, backyards, courts
and alleys free from garbage, refuse, rubbish, litter, debris and  other
offensive  material.  Such  persons  shall  also remove garbage, refuse,
rubbish, litter, debris and other offensive material between  the  curb-
stone  abutting  the building or premises and the roadway area extending
one and one-half feet from the curbstone into the street  on  which  the
building  or premises front. Such persons shall not, however, be respon-
sible for cleaning the garbage,  refuse,  rubbish,  litter,  debris  and
other  offensive  material  [which]  THAT  accumulates  at  catch basins
located within the one and one-half foot  distance  from  the  curbstone
into the street.
  (II)  EVERY OWNER, LESSEE, TENANT, OCCUPANT OR PERSON IN CHARGE OF ANY
COMMERCIAL BUILDING OR PREMISES SHALL KEEP AND  CAUSE  TO  BE  KEPT  THE
SIDEWALK,  FLAGGING AND CURBSTONE, WHETHER OR NOT ABUTTING SAID BUILDING
OR PREMISES, FREE OF OBSTRUCTION BY ANY A-FRAME, SANDWICH BOARD OR OTHER
TYPE OF SIGN ADVERTISING SAID BUILDING OR PREMISES.
  (III) THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE OWNER,  LESSEE,
TENANT, OCCUPANT OR PERSON IN CHARGE OF ANY COMMERCIAL BUILDING OR PREM-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09508-01-9

S. 2388                             2

ISES WHOSE NAME, ADDRESS, TELEPHONE NUMBER OR OTHER IDENTIFYING INFORMA-
TION APPEARS ON ANY SUCH SIGN ON ANY SIDEWALK, FLAGGING OR CURBSTONE HAS
VIOLATED  SUBPARAGRAPH (II) OF THIS PARAGRAPH BY: EITHER (1) OBSTRUCTING
SAID  SIDEWALK, FLAGGING OR CURBSTONE, OR (2) DIRECTING OR PERMITTING AN
AGENT OR EMPLOYEE OR OTHER INDIVIDUAL UNDER  SUCH  PERSON'S  CONTROL  TO
OBSTRUCT SAID SIDEWALK, FLAGGING OR CURBSTONE.
  (b)  Every owner, lessee, tenant or person in charge of any vacant lot
shall keep and cause to be kept the  sidewalk,  flagging  and  curbstone
abutting  said  vacant  lot free from obstruction and nuisances of every
kind, and shall keep said sidewalks, flagging and curbstones  free  from
garbage,  refuse,  rubbish, litter, debris and other offensive material.
Every owner, lessee, tenant or person in charge of any vacant lot  shall
keep  and  cause  to  be kept said vacant lot free from garbage, refuse,
rubbish, litter, debris and other offensive material. Such persons shall
also remove garbage, refuse, rubbish, litter, debris and other offensive
material between the curbstone abutting the vacant lot and  the  roadway
area  extending one and one-half feet from the curbstone into the street
on which the vacant lot fronts. Such  persons  shall  not,  however,  be
responsible  for  cleaning  the garbage, refuse, rubbish, litter, debris
and other offensive material [which] THAT accumulates  at  catch  basins
located  within  the  one  and one-half foot distance from the curbstone
into the street.
  S 2. Subdivisions a and b of section 10-119 of the administrative code
of the city of New York, as amended by local law number 2 of the city of
New York for the year 2003, are amended to read as follows:
  a. It shall be unlawful for any person to paste, post,  paint,  print,
PLACE,  nail  or  attach  or affix by any means whatsoever any handbill,
poster, notice, sign, A-FRAME, SANDWICH BOARD, advertisement, sticker or
other printed material upon any curb, gutter, flagstone, tree, lamppost,
awning post, telegraph pole, telephone pole, public utility pole, public
garbage bin, bus shelter,  bridge,  elevated  train  structure,  highway
fence,  barrel,  box,  parking  meter, mail box, traffic control device,
traffic stanchion, traffic sign (including pole),  tree  box,  tree  pit
protection  device,  bench,  traffic  barrier, hydrant, public pay tele-
phone, any personal property maintained on a city street or other  city-
owned  property pursuant to a franchise, concession or revocable consent
granted by the city or other such item or structure in any street, or to
direct, suffer or permit any servant, agent, employee  or  other  person
under  his or her control to engage in such activity; provided, however,
that this section shall not apply to any handbill, poster, notice, sign,
advertisement, sticker or other printed material so posted by  or  under
the  direction  of the council, or by or under the direction of any city
agency, or pursuant to a  franchise,  concession  or  revocable  consent
granted pursuant to chapter fourteen of the charter.
  b. There shall be a rebuttable presumption that the person whose name,
telephone  number, or other identifying information appears on any hand-
bill, poster, notice,  sign,  A-FRAME,  SANDWICH  BOARD,  advertisement,
sticker  or other printed material on any item or structure described in
subdivision a of this section in any street  violated  this  section  by
either  (i)  pasting,  posting,  painting, printing, PLACING, nailing or
attaching or affixing by any means  whatsoever  such  handbill,  poster,
notice,  sign,  A-FRAME, SANDWICH BOARD, advertisement, sticker or other
printed material, or (ii) directing, suffering or permitting a  servant,
agent, employee or other individual under such persons control to engage
in such activity.
  S 3. This act shall take effect immediately.

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