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Assembly Bill A11351A

2017-2018 Legislative Session

Provides amnesty for certain persons from penalties and liabilities resulting from failure to perform snow, ice and dirt removal

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2017-A11351 - Details

Current Committee:
Assembly Cities
Law Section:
General Municipal Law
Laws Affected:
Add §137, Gen Muni L

2017-A11351 - Summary

Provides amnesty for certain persons from penalties and liabilities resulting from failure to perform snow, ice and dirt removal; defines senior citizen and disability for purposes of such amnesty.

2017-A11351 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11351
 
                           I N  A S S E M B L Y
 
                            September 19, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
   -- read once and referred to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  providing amnesty for certain persons from penalties and
   liabilities resulting from failure  to  perform  snow,  ice  and  dirt
   removal

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 16-123 of the administrative code of  the  city  of
 New York is amended by adding a new subdivision k to read as follows:
   K.  1.  THE  REQUIREMENT  OF  SUBDIVISIONS  A AND B OF THIS SECTION TO
 REMOVE SNOW, ICE AND DIRT SHALL NOT APPLY TO AN OWNER,  LESSEE,  TENANT,
 OCCUPANT,  OR  OTHER  PERSON,  HAVING  CHARGE  OF ANY BUILDING OR LOT OF
 GROUND IN THE CITY THAT IS: (I) A SENIOR CITIZEN AS DEFINED IN  SUBPARA-
 GRAPH (II) OF PARAGRAPH THREE OF THIS SUBDIVISION; OR (II) A PERSON WITH
 A  DISABILITY  AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH THREE OF THIS
 SUBDIVISION.
   2. ANY PERSON EXEMPT FROM THE SNOW, ICE AND DIRT REMOVAL  PURSUANT  TO
 PARAGRAPH  ONE  OF  THIS  SUBDIVISION  WHO  HAS  RECEIVED  A  NOTICE  OF
 VIOLATION, APPEARANCE TICKET OR SUMMONS INDICATING A VIOLATION OF SUBDI-
 VISION A OR B OF THIS SECTION SHALL BE GRANTED AMNESTY BY  THE  ENVIRON-
 MENTAL  CONTROL BOARD FROM ANY CIVIL PENALTY IMPOSED UNDER THIS SECTION,
 AND SHALL NOT BE LIABLE FOR THE COSTS ASSOCIATED WITH  SNOW  REMOVAL  BY
 THE  DEPARTMENT PURSUANT TO SUBDIVISION E OF THIS SECTION.  SUCH AMNESTY
 SHALL BE GRANTED WHEN THE ENVIRONMENTAL CONTROL BOARD IS  PROVIDED  WITH
 PROOF  THAT  SUCH PERSON IS: (I) A SENIOR CITIZEN AS DEFINED IN SUBPARA-
 GRAPH (II) OF PARAGRAPH THREE OF THIS SUBDIVISION; OR (II) A PERSON WITH
 A DISABILITY AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH THREE  OF  THIS
 SUBDIVISION.
   3.  FOR  PURPOSES OF THIS SUBDIVISION: (I) THE TERM "DISABILITY" MEANS
 (A) A PHYSICAL, MENTAL OR MEDICAL IMPAIRMENT RESULTING FROM  ANATOMICAL,
 PHYSIOLOGICAL,  GENETIC  OR  NEUROLOGICAL  CONDITIONS WHICH PREVENTS THE
 EXERCISE OF A NORMAL BODILY FUNCTION OR  IS  DEMONSTRABLE  BY  MEDICALLY
 ACCEPTED CLINICAL OR LABORATORY DIAGNOSTIC TECHNIQUES OR (B) A RECORD OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2017-A11351A (ACTIVE) - Details

Current Committee:
Assembly Cities
Law Section:
General Municipal Law
Laws Affected:
Add §137, Gen Muni L

2017-A11351A (ACTIVE) - Summary

Provides amnesty for certain persons from penalties and liabilities resulting from failure to perform snow, ice and dirt removal; defines senior citizen and disability for purposes of such amnesty.

2017-A11351A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11351--A
 
                           I N  A S S E M B L Y
 
                            September 19, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
   -- read once and referred to the  Committee  on  Cities  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  general municipal law, in relation to providing
   amnesty for certain persons from penalties and  liabilities  resulting
   from failure to perform snow, ice and dirt removal
 
   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 137 to read as follows:
   §  137.  SNOW, ICE AND DIRT REMOVAL; AMNESTY.  1. A REQUIREMENT IMPLE-
 MENTED BY ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE TO  REMOVE
 SNOW,  ICE  AND  DIRT SHALL NOT APPLY TO AN OWNER, LESSEE, TENANT, OCCU-
 PANT, OR OTHER PERSON, HAVING CHARGE OF ANY BUILDING OR LOT OF GROUND IN
 SUCH CITY THAT IS: (I) A SENIOR CITIZEN; OR (II) A PERSON WITH  A  DISA-
 BILITY.
   2.  ANY  PERSON EXEMPT FROM THE SNOW, ICE AND DIRT REMOVAL REQUIREMENT
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION WHO HAS RECEIVED A NOTICE OF
 VIOLATION, APPEARANCE TICKET OR SUMMONS INDICATING A VIOLATION SHALL  BE
 GRANTED  AMNESTY  FROM  ANY  CIVIL PENALTY IMPOSED FOR FAILURE TO REMOVE
 SNOW, ICE OR DIRT.   SUCH AMNESTY SHALL BE GRANTED  WHEN  SUCH  CITY  IS
 PROVIDED WITH PROOF THAT SUCH PERSON IS: (I) A SENIOR CITIZEN; OR (II) A
 PERSON WITH A DISABILITY.
   3. FOR PURPOSES OF THIS SECTION: (I) THE TERM "DISABILITY" MEANS (A) A
 PHYSICAL,  MENTAL OR MEDICAL IMPAIRMENT RESULTING FROM ANATOMICAL, PHYS-
 IOLOGICAL, GENETIC OR NEUROLOGICAL CONDITIONS WHICH PREVENTS  THE  EXER-
 CISE  OF  A  NORMAL  BODILY  FUNCTION  OR  IS  DEMONSTRABLE BY MEDICALLY
 ACCEPTED CLINICAL OR LABORATORY DIAGNOSTIC TECHNIQUES OR (B) A RECORD OF
 SUCH AN IMPAIRMENT OR (C) A CONDITION REGARDED  BY  OTHERS  AS  SUCH  AN
 IMPAIRMENT.  THE TERM SHALL BE LIMITED TO DISABILITIES WHICH PREVENT THE
 COMPLAINANT FROM PERFORMING SNOW, ICE AND DIRT REMOVAL IN  A  REASONABLE
 MANNER;
   (II)  THE  TERM  "SENIOR CITIZEN" MEANS A PERSON WHO IS AT LEAST SIXTY
 YEARS OF AGE.
   § 2. This act shall take effect immediately.

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