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Assembly Bill A7097

2015-2016 Legislative Session

Relates to requiring the safe removal of icicles from buildings abutting paved sidewalks and creating civil and criminal penalties appertaining thereto

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2015-A7097 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add ยง270.40, Pen L

2015-A7097 (ACTIVE) - Summary

Relates to requiring the safe removal of icicles from buildings abutting paved sidewalks and creating civil and criminal penalties appertaining thereto.

2015-A7097 (ACTIVE) - Bill Text download pdf 

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

                                  7097

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2015
                               ___________

Introduced  by  M.  of  A. BROOK-KRASNY -- read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to icicle removal

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

  Section  1. The penal law is amended by adding a new section 270.40 to
read as follows:
S 270.40 ICICLE REMOVAL.
  1. EVERY OWNER, LESSEE, TENANT,  OCCUPANT,  OR  OTHER  PERSON,  HAVING
CHARGE  OF  ANY BUILDING OR LOT OF GROUND ABUTTING UPON ANY STREET WHERE
THE SIDEWALK IS PAVED SHALL, WITHIN  THREE  DAYS  OF  THE  FORMATION  OF
ICICLES  ON SUCH BUILDING, CAUSE THOSE ICICLES OVERHANGING ENTRANCEWAYS,
EXITWAYS, AND OTHER COMMONLY USED PATHWAYS TO BE SAFELY REMOVED.
  2. ANYONE WHO KNOWINGLY VIOLATES ANY TERM OF SUBDIVISION ONE  OF  THIS
SECTION  SHALL CONSTITUTE A CIVIL PENALTY IN THE AMOUNT OF THREE HUNDRED
DOLLARS FOR THE FIRST VIOLATION AND FIVE HUNDRED DOLLARS FOR THE  SECOND
VIOLATION. A THIRD AND SUBSEQUENT VIOLATION SHALL CONSTITUTE A MISDEMEA-
NOR  EXCEPT THAT A SEVENTH AND SUBSEQUENT VIOLATION OR A VIOLATION LEAD-
ING TO PHYSICAL INJURY OR PROPERTY DAMAGE SHALL  CONSTITUTE  A  CLASS  E
FELONY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10555-02-5

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