Bill Text: NY A07097 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 7097 (Prior Session Legislation)

Introduced

Bill Title: Relates to requiring the safe removal of icicles from buildings abutting paved sidewalks and creating civil and criminal penalties appertaining thereto.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2015-07-08 - enacting clause stricken [A07097 Detail]

Download: New_York-2015-A07097-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7097
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 23, 2015
                                      ___________
       Introduced  by  M.  of  A. BROOK-KRASNY -- read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to icicle removal
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 270.40 to
    2  read as follows:
    3  S 270.40 ICICLE REMOVAL.
    4    1. EVERY OWNER, LESSEE, TENANT,  OCCUPANT,  OR  OTHER  PERSON,  HAVING
    5  CHARGE  OF  ANY BUILDING OR LOT OF GROUND ABUTTING UPON ANY STREET WHERE
    6  THE SIDEWALK IS PAVED SHALL, WITHIN  THREE  DAYS  OF  THE  FORMATION  OF
    7  ICICLES  ON SUCH BUILDING, CAUSE THOSE ICICLES OVERHANGING ENTRANCEWAYS,
    8  EXITWAYS, AND OTHER COMMONLY USED PATHWAYS TO BE SAFELY REMOVED.
    9    2. ANYONE WHO KNOWINGLY VIOLATES ANY TERM OF SUBDIVISION ONE  OF  THIS
   10  SECTION  SHALL CONSTITUTE A CIVIL PENALTY IN THE AMOUNT OF THREE HUNDRED
   11  DOLLARS FOR THE FIRST VIOLATION AND FIVE HUNDRED DOLLARS FOR THE  SECOND
   12  VIOLATION. A THIRD AND SUBSEQUENT VIOLATION SHALL CONSTITUTE A MISDEMEA-
   13  NOR  EXCEPT THAT A SEVENTH AND SUBSEQUENT VIOLATION OR A VIOLATION LEAD-
   14  ING TO PHYSICAL INJURY OR PROPERTY DAMAGE SHALL  CONSTITUTE  A  CLASS  E
   15  FELONY.
   16    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10555-02-5