Bill Text: NY A08579 | 2017-2018 | General Assembly | 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) 2018-01-03 - referred to judiciary [A08579 Detail]
Download: New_York-2017-A08579-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8579 2017-2018 Regular Sessions IN ASSEMBLY July 10, 2017 ___________ Introduced by M. of A. 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. LBD10371-02-7