senate Bill S3024

2011-2012 Legislative Session

Orders the confiscation of property or devices belonging to persistent violators of noise ordinances

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 19, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 04, 2012 referred to cities
Apr 04, 2011 notice of committee consideration - requested
Feb 07, 2011 referred to cities

S3024 - Bill Details

See Assembly Version of this Bill:
A6806
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd ยง24-257, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S3705, A9741

S3024 - Bill Texts

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Orders the confiscation of property or devices, used in willful and continual violation of any provision of this code or order or regulation promulgated by the commission or the board, which belongs to any person classified as a persistent violator.

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BILL NUMBER:S3024

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:
2009-10: S.3705 - Died in Cities; A.9741

FISCAL IMPLICATIONS:
Fiscal implications to be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  3024

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 7, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- 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 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
SUBCHAPTER.  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.
                                                           LBD02522-01-1

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