Bill Text: NY A00592 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 592 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A00592 Detail]

Download: New_York-2019-A00592-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                           592
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (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:
     1    Section 1. The general obligations law is  amended  by  adding  a  new
     2  section 9-107 to read as follows:
     3    §  9-107. Duty to warn against and guard from open cellar doors; prop-
     4  erty occupants' duties. 1. Every owner,  lessee,  tenant,  occupant,  or
     5  other  person,  having  charge of any building abutting any street where
     6  the sidewalk is paved, shall have a  duty  to  warn  against  and  guard
     7  pedestrians  from  an  open  cellar  door or grate located in or on such
     8  sidewalk. Adequate safeguards may include, but shall not be limited  to,
     9  a barrier of traffic cones around the opening.
    10    2.  Any  person  violating  the  provisions of subdivision one of this
    11  section shall be liable and responsible for a civil penalty of not  less
    12  than one hundred dollars nor more than one hundred fifty dollars for the
    13  first  violation,  except that for a second violation of subdivision one
    14  within any twelve-month period such person shall be liable for  a  civil
    15  penalty  of  not  less  than one hundred fifty dollars nor more than two
    16  hundred fifty dollars and for a third or subsequent violation of  subdi-
    17  vision  one  within  any twelve-month period such person shall be liable
    18  for a civil penalty of not less than two hundred fifty dollars nor  more
    19  than three hundred fifty dollars.
    20    § 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