S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, in relation to prohibiting
the construction of wireless communication facilities within fifteen
hundred feet of school property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 99-x to read as follows:
S 99-X. CONSTRUCTION OF WIRELESS COMMUNICATION FACILITIES ON OR NEAR
SCHOOL PROPERTY; PROHIBITION. 1. FOR PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "SCHOOL PROPERTY" SHALL MEAN ALL BUILDINGS, STRUCTURES AND LAND
CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE
ELEMENTARY OR SECONDARY SCHOOL.
(B) "WIRELESS COMMUNICATION FACILITY" SHALL MEAN AN UNSTAFFED FACILITY
USED IN THE RECEIPT AND TRANSMISSION OF WIRELESS TELEPHONE SERVICE,
INCLUDING, BUT NOT LIMITED TO, ANTENNAS, ANCILLARY TELECOMMUNICATIONS
EQUIPMENT AND TELECOMMUNICATIONS TOWERS AND POLES.
2. A MUNICIPAL CORPORATION OR OTHER ENTITY HAVING THE AUTHORITY TO
ISSUE A PERMIT OR LICENSE TO AUTHORIZE THE PLACEMENT, ERECTION OR
CONSTRUCTION OF A WIRELESS COMMUNICATION FACILITY SHALL PROHIBIT SUCH
PLACEMENT, ERECTION OR CONSTRUCTION OF SUCH FACILITY ON SCHOOL PROPERTY
OR WITHIN FIFTEEN HUNDRED FEET OF SCHOOL PROPERTY.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.