Assembly Bill A10215

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10215
 
                           I N  A S S E M B L Y
 
                             February 12, 2026
                                ___________
 
 Introduced by M. of A. LEE -- 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 street cleanliness and snow removal requirements for  city
   concessionaires, franchises and for revocable consents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 16-118 of the administrative  code
 of the city of New York is amended by adding a new paragraph (c) to read
 as follows:
   (C)  EVERY PERSON IN CHARGE OF A PERMANENT OR SEMI-PERMANENT STRUCTURE
 INSTALLED OR PLACED UPON A SIDEWALK, STREET, ALLEY,  PARK,  HIGHWAY,  OR
 RIGHT  OF WAY PURSUANT TO A CONCESSION OR FRANCHISE AGREEMENT OR REVOCA-
 BLE CONSENT WITH THE CITY OF NEW YORK SHALL KEEP AND CAUSE  TO  BE  KEPT
 THE  SIDEWALK,  FLAGGING AND CURBSTONE ABUTTING SAID STRUCTURE FREE FROM
 OBSTRUCTION AND NUISANCES OF EVERY KIND, AND SHALL KEEP SAID  SIDEWALKS,
 FLAGGING  AND  CURBSTONES  FREE  FROM  GARBAGE, REFUSE, RUBBISH, LITTER,
 DEBRIS AND OTHER OFFENSIVE MATERIAL. WHEN THE LOCATION DESCRIBED IN  THE
 APPLICABLE  CONCESSION  OR FRANCHISE AGREEMENT OR REVOCABLE CONSENT WITH
 THE CITY OF NEW YORK ABUTS A CURBSTONE, SUCH PERSONS SHALL  ALSO  REMOVE
 GARBAGE,  REFUSE,  RUBBISH,  LITTER, DEBRIS AND OTHER OFFENSIVE MATERIAL
 BETWEEN THE CURBSTONE ABUTTING THE BORDER OF THE LOCATION AND THE  ROAD-
 WAY  AREA EXTENDING ONE AND ONE-HALF FEET FROM ALL SIDES INTO THE STREET
 ON WHICH SUCH LOCATION FRONTS. WHEN THE LOCATION DESCRIBED IN THE APPLI-
 CABLE CONCESSION OR FRANCHISE AGREEMENT OR REVOCABLE  CONSENT  WITH  THE
 CITY  OF  NEW  YORK  IS WITHIN A PARK OR OTHERWISE DOES NOT ABUT A CURB-
 STONE, SUCH PERSONS  SHALL  REMOVE  GARBAGE,  REFUSE,  RUBBISH,  LITTER,
 DEBRIS  AND  OTHER  OFFENSIVE MATERIAL FROM AREA EXTENDING SIX FEET FROM
 ALL SIDES OF SUCH LOCATION.
   § 2. Paragraph a of subdivision 9 of the section 16-118 of the  admin-
 istrative  code  of the city of New York, as amended by local law number
 67 of the city of New York for the year 2024,  is  amended  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14751-01-6
              

 A. 10215                            2
 
   a. (1) not less than $50 and not more than $250 for a first violation,
 except  that  the civil penalty shall be not less than $250 and not more
 than $350 for a second violation of subdivision 4 or 6 of  this  section
 within  any  12  month  period, and not less than $350 and not more than
 $450  for  a third or subsequent violation of subdivision 4 or 6 of this
 section within any 12 month period;
   (2) notwithstanding subparagraph (1) of paragraph a of  this  subdivi-
 sion,  $50 for a first violation of paragraph (a) of subdivision 2 or of
 subdivision 3 of this section, or  of  any  rules  promulgated  pursuant
 thereto, $100 for a second violation of such paragraph or subdivision or
 of  any  rules  promulgated pursuant thereto within any 12 month period,
 and $100 for a third or subsequent violation of such paragraph or subdi-
 vision or of any rules promulgated pursuant thereto within any 12  month
 period; [and]
   (3)  notwithstanding  subparagraphs (1) and (2) of paragraph a of this
 subdivision, where the owner, occupant, lessee,  tenant,  or  person  in
 charge of any commercial, manufacturing, or industrial building, includ-
 ing  any mixed-use building, but excluding any solely residential build-
 ing, has violated the provisions of paragraph (a) of  subdivision  2  of
 this section, or of any rules promulgated thereto, such owner, occupant,
 lessee,  tenant, or person in charge shall be liable for a civil penalty
 of $50 for the first violation, $300 for the second violation  committed
 on  a  different  day within any 12 month period, and $500 for the third
 and each subsequent violation committed on a different day within any 12
 month period; AND
   (4) NOTWITHSTANDING SUBPARAGRAPHS (1), (2), AND (3) OF PARAGRAPH A  OF
 THIS SUBDIVISION, ANY PERSON VIOLATING PARAGRAPH (C) OF SUBDIVISION 2 OF
 THIS  SECTION,  OR  OF  ANY RULES PROMULGATED PURSUANT THERETO, SHALL BE
 LIABLE FOR A CIVIL PENALTY OF $100 FOR THE FIRST VIOLATION, $300 FOR THE
 SECOND VIOLATION COMMITTED ON A DIFFERENT DAY WITHIN ANY 12 MONTH  PERI-
 OD,  AND $500 FOR THE THIRD AND EACH SUBSEQUENT VIOLATION COMMITTED ON A
 DIFFERENT DAY WITHIN ANY 12 MONTH PERIOD.
   § 3. Subdivision c of section 16-123 of the administrative code of the
 city of New York, as amended by local law number 149 of the city of  New
 York for the year 2016, is amended to read as follows:
   c.  [Reserved] EVERY PERSON IN CHARGE OF A PERMANENT OR SEMI-PERMANENT
 STRUCTURE INSTALLED OR PLACED UPON  A  SIDEWALK,  STREET,  ALLEY,  PARK,
 HIGHWAY, OR RIGHT OF WAY PURSUANT TO A CONCESSION OR FRANCHISE AGREEMENT
 OR REVOCABLE CONSENT WITH THE CITY OF NEW YORK, ABUTTING UPON ANY STREET
 WHERE  THE  SIDEWALK  IS  PAVED, SHALL, WITHIN FOUR HOURS AFTER THE SNOW
 CEASES TO FALL, OR AFTER THE DEPOSIT OF ANY DIRT OR OTHER MATERIAL  UPON
 SUCH  SIDEWALK, REMOVE THE SNOW OR ICE, DIRT, OR OTHER MATERIAL FROM THE
 SIDEWALK AND GUTTER, THE TIME BETWEEN NINE POST MERIDIAN AND SEVEN  ANTE
 MERIDIAN NOT BEING INCLUDED IN THE ABOVE PERIOD OF FOUR HOURS.
   § 4. Subdivision h of section 16-123 of the administrative code of the
 city  of  New  York, as amended by local law number 1 of the city of New
 York for the year 2003, is amended to read as follows:
   h. Any person violating the provisions of [subdivisions  (a)  or  (b)]
 SUBDIVISION A OR B of this section shall be liable and responsible for a
 civil  penalty  of  not  less than ten dollars nor more than one hundred
 fifty dollars  for  the  first  violation,  except  that  for  a  second
 violation  of subdivision [(a) or (b)] A OR B OF THIS SECTION 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 subdivision  [(a)  or
 (b)]  A  OR B OF THIS SECTION within any twelve-month period such person
 A. 10215                            3
 
 shall be liable for a civil penalty of not less than two  hundred  fifty
 dollars nor more than three hundred fifty dollars.  ANY PERSON VIOLATING
 THE  PROVISIONS OF SUBDIVISION C OF THIS SECTION OR OF ANY RULES PROMUL-
 GATED  PURSUANT  THERETO,  SHALL  BE  LIABLE  FOR A CIVIL PENALTY OF ONE
 HUNDRED DOLLARS FOR THE FIRST VIOLATION, THREE HUNDRED DOLLARS  FOR  THE
 SECOND  VIOLATION  COMMITTED  ON A DIFFERENT DAY WITHIN ANY TWELVE MONTH
 PERIOD, AND FIVE HUNDRED DOLLARS  FOR  THE  THIRD  AND  EACH  SUBSEQUENT
 VIOLATION COMMITTED ON A DIFFERENT DAY WITHIN ANY TWELVE MONTH PERIOD.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.