S T A T E O F N E W Y O R K
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5693
2011-2012 Regular Sessions
I N A S S E M B L Y
February 25, 2011
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Introduced by M. of A. SPANO, CASTRO, N. RIVERA, O'DONNELL, JAFFEE --
Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, DINOWITZ, DUPREY,
GLICK, PHEFFER, SAYWARD, STEVENSON, TITONE -- read once and referred
to the Committee on Health
AN ACT to amend the public health law, in relation to municipal regu-
lation of bedbug infestations at public places
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
1504 to read as follows:
S 1504. MUNICIPAL BEDBUG CONTROL. 1. FOR THE PURPOSES OF THIS SECTION,
"PUBLIC PLACE" MEANS A PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSE-
MENT AS DEFINED IN SUBDIVISION NINE OF SECTION TWO HUNDRED NINETY-TWO OF
THE EXECUTIVE LAW.
2. THE OPERATOR OF ANY PUBLIC PLACE, AT WHICH THERE EXISTS A BEDBUG
INFESTATION, SHALL IMMEDIATELY PROVIDE WRITTEN NOTICE THEREOF TO THE
MUNICIPALITY IN WHICH SUCH PUBLIC PLACE IS LOCATED, AND SHALL CLOSE THE
PUBLIC PLACE TO ACCESS BY THE PUBLIC. UPON PROVISION OF NOTICE TO THE
APPROPRIATE MUNICIPALITY, THE OPERATOR OF THE AFFECTED PUBLIC PLACE
SHALL POST CONSPICUOUS NOTICE OF SUCH BEDBUG INFESTATION ON EVERY
ENTRANCE TO THE PUBLIC PLACE.
3. WITHIN FIVE BUSINESS DAYS OF PROVIDING NOTICE OF A BEDBUG INFESTA-
TION AT A PUBLIC PLACE TO A MUNICIPALITY, THE OPERATOR OF THE PUBLIC
PLACE SHALL CONTRACT WITH A PESTICIDE APPLICATOR, CERTIFIED PURSUANT TO
TITLE NINE OF ARTICLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION
LAW, FOR THE EXTERMINATION AND ERADICATION OF THE BEDBUGS CAUSING THE
INFESTATION.
4. NO PUBLIC PLACE WITH A BEDBUG INFESTATION SHALL BE OPEN FOR PUBLIC
ACCESS UNTIL THE PESTICIDE APPLICATOR WHICH EXTERMINATED AND ERADICATED
THE BEDBUGS CERTIFIES IN WRITING THAT THE BEDBUGS HAVE BEEN EXTERMINATED
AND THERE ARE NO LONGER ANY TRACES OF BEDBUGS AT SUCH PUBLIC PLACE, AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08338-01-1
A. 5693 2
SUCH CERTIFICATION IS FILED WITH THE MUNICIPALITY IN WHICH THE PUBLIC
PLACE IS LOCATED.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.