Assembly Bill A592

2019-2020 Legislative Session

Relates to codifying a duty to provide safeguards for open cellar doors

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A592 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §9-107, Gen Ob L
Versions Introduced in 2017-2018 Legislative Session:
A8579

2019-A592 (ACTIVE) - Summary

Codifies a duty to provide safeguards for open cellar doors; authorizes civil penalties for breach of such duty.

2019-A592 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    592
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation  to  protecting
   pedestrians from open cellar doors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general obligations law is  amended  by  adding  a  new
 section 9-107 to read as follows:
   §  9-107. DUTY TO WARN AGAINST AND GUARD FROM OPEN CELLAR DOORS; PROP-
 ERTY OCCUPANTS' DUTIES. 1. EVERY OWNER,  LESSEE,  TENANT,  OCCUPANT,  OR
 OTHER  PERSON,  HAVING  CHARGE OF ANY BUILDING ABUTTING ANY STREET WHERE
 THE SIDEWALK IS PAVED, SHALL HAVE A  DUTY  TO  WARN  AGAINST  AND  GUARD
 PEDESTRIANS  FROM  AN  OPEN  CELLAR  DOOR OR GRATE LOCATED IN OR ON SUCH
 SIDEWALK. ADEQUATE SAFEGUARDS MAY INCLUDE, BUT SHALL NOT BE LIMITED  TO,
 A BARRIER OF TRAFFIC CONES AROUND THE OPENING.
   2.  ANY  PERSON  VIOLATING  THE  PROVISIONS OF SUBDIVISION ONE OF THIS
 SECTION SHALL BE LIABLE AND RESPONSIBLE FOR A CIVIL PENALTY OF NOT  LESS
 THAN ONE HUNDRED DOLLARS NOR MORE THAN ONE HUNDRED FIFTY DOLLARS FOR THE
 FIRST  VIOLATION,  EXCEPT THAT FOR A SECOND VIOLATION OF SUBDIVISION ONE
 WITHIN ANY TWELVE-MONTH PERIOD SUCH PERSON SHALL BE LIABLE FOR  A  CIVIL
 PENALTY  OF  NOT  LESS  THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN TWO
 HUNDRED FIFTY DOLLARS AND FOR A THIRD OR SUBSEQUENT VIOLATION OF  SUBDI-
 VISION  ONE  WITHIN  ANY TWELVE-MONTH PERIOD SUCH PERSON SHALL BE LIABLE
 FOR A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR  MORE
 THAN THREE HUNDRED FIFTY DOLLARS.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04777-01-9

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