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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, April 19, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The New York City Department of Sanitation (“DSNY”) is proposing to create a new chapter that will include certain provisions of its existing penalty schedule, which is currently found in Title 48 of the Rules of the City of New York, by moving those provisions into Title 16 of the Rules of the City of New York. DSNY also proposes to establish penalties for repeat violations of certain provisions as described in Local Law 75 of 2016.

Currently the penalties for violations of §16-118 of the New York City Administrative Code (“Administrative Code”) that pertain to certain types of littering infractions, are found in 48 RCNY § 3-122. The Office of Administrative Trials and Hearings, Environmental Control Board (“OATH ECB”), is in the process of repealing all penalty schedules in its rules so they can be relocated to the rules of the enforcement agencies with primary rulemaking and policymaking jurisdiction over the laws that underlie these penalties. In conjunction with this rule, OATH ECB will remove the penalties for violations of §16-118 that pertain to littering from its rule.

In 2003, a civil penalty of $100 was established for violations of subdivisions (2), (3), (4), (6) and (7) of §16-118. Additionally in 2003, penalties for violations of subdivisions (3), (4) and (6) were set at $250 for a second offense and $350 for a third and subsequent offense within a 12 month period. Defaults for violations of these provisions are set at the maximum penalty that can be assessed. All penalties are within the monetary ranges specified in §16-118.

Local Law 75 of 2016 amended §16-118(1) to establish a new violation for spitting. In addition, Local Law 75 also establishes a specific penalty for public urination. Local Law 75 was passed as part of the Criminal Justice Reform Act, a package of bills passed by the City Council that aims to build stronger and safer neighborhoods by reducing arrests and incarceration. Local Law 75 imposes a fixed penalty of $75 for first time violations of §16-118(1) and 16-118(6), and provides for a range of penalties for subsequent offenses of those provisions. The penalties for subsequent offenses of those provisions are fixed at the minimum amounts authorized by Local Law 75. Additionally, the default penalties for all violations found in §16-118(1) and for public urination under §16-118(6) have been set at 150 percent of the penalty imposed, not to exceed $400.

Working with the City’s rulemaking agencies, the Law Department, OMB, and the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule meets the criteria for this initiative.

DSNY’s authority for these rules is found in sections 753 and 1043 of the New York City Charter, and section 16-118 of the New York City Administrative Code.

Subject: 

DSNY Proposed Rule Relating to Penalties for Littering Offenses

Location: 
DSNY Headquarters
125 Worth Street Room 819
New York, NY 10013
Contact: 

Madelynn Liguori mliguori@dsny.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Fire Department has amended two Fire Department rules, 3 RCNY §109-01, entitled “Notice of Violation, Certification of Correction and Stipulation Procedures”, and 3 RCNY 109-02, entitled “Consolidation of Administrative Code Provisions For Enforcement Purposes.”

 

The amendments to 3 RCNY §109-01 have been made to reflect the current unit within the Fire Department to which certificates of correction of violations should be directed.

 

The amendments to 3 RCNY §109-02 have been made as a result of the enactment of Local Law No. 148 of 2013, which amended the New York City Fire Code, effective March 30, 2014.

 

The amendments to Section 109-02 incorporated the new or amended Fire Code section numbers into the rule and deleted the section numbers that have been repealed or renumbered.  In addition, the violation categories set forth in Section 109-02 have been amended as follows:

 

·         Violation Category 5 has been amended to limit its application to recordkeeping violations, with posting of permits moved to Violation Category 6 (“Signs, Postings, Notices and Instructions”);

 

·         Violation Category 8 has been amended to include storage of combustible material;

 

·         Violation Category 9 has been amended to include rooftop access; and

 

·         Violation Category 30 has been amended to include emergency preparedness for all buildings and occupancies subject to emergency preparedness requirements, not just office buildings, hotels and motels, and to include the preparation of an emergency preparedness plan (formerly referenced in Violation Category 19).

 

The final rule includes one change from the proposed rule, which was published on February 12, 2014.  Section 109-02(b) has been amended to conform the terminology of Violation Category 24 to that of the Notice of Violation form that has been in use since May 2012.  With the approval of the Environmental Control Board, the heading of Violation Category 24 was revised at that time from “Racks and Shelf Storage” to “Storage of Hazardous/Combustible Materials,” which more clearly indicated the regulated materials to which the section applied.  This final rule amends the heading of Violation Category 24 to “Storage of Hazardous Materials and Commodities” (combustible materials having already been incorporated by the rule into Violation Category 8) and makes one other conforming text change.

 

The Fire Department’s authority for this rule is found in Sections 489 and 1043 of the New York City Charter and Section 102 of the New York City Fire Code.

 

Terms used in the final rule that are defined in the Fire Code or elsewhere in the Fire Department’s rules are indicated by italics.

 

New material is underlined.  Material that has been deleted is in [brackets].

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

Effective Date: 
Thu, 04/10/2014

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Friday, March 14, 2014
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule Amendments

 

The Fire Department is proposing to amend two Fire Department rules, 3 RCNY §109-01 entitled “Notice of Violation, Certification of Correction and Stipulation Procedures”, and 3 RCNY 109-02, entitled “Consolidation of Administrative Code Provisions For Enforcement Purposes.”

 

The amendments to 3 RCNY §109-01 are proposed to reflect the current unit within the Fire Department to which certificates of correction of violations should be directed.

 

The amendments to 3 RCNY §109-02 are proposed as a result of the enactment of Local Law No. 148 of 2013, which amended the New York Fire Code, effective March 30, 2014.  The proposed amendments to Section 109-02 would apply to ECB Notices of Violation issued by the Fire Department with a date of occurrence on or after March 30, 2014.

 

The proposed amendments to Section 109-02 would incorporate the new or amended Fire Code section numbers into the rule and delete the section numbers that have been repealed or renumbered.  In addition, the violation categories set forth in Section 109-02 are proposed to be amended as follows:

 

·         Violation Category 5 is amended to limit its application to recordkeeping violations, with posting of permits moved to Violation Category 6 (“Signs, Postings, Notices and Instructions”);

 

·         Violation Category 8 is amended to include storage of combustible material;

 

·         Violation Category 9 is amended to include rooftop access; and

 

·         Violation Category 30 is amended to include emergency preparedness for all buildings and occupancies subject to emergency preparedness requirements, not just office buildings, hotels and motels, and to include the preparation of an emergency preparedness plan (formerly referenced in Violation Category 19).

 

 

Subject: 

.Fire Code Conforming Amendments

Location: 
Fire Department Auditorium
9 MetroTech Center
Brooklyn, NY 11201
Contact: 

No contact

Download Copy of Proposed Rule (.pdf):