S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5262
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. CHANG, BROOK-KRASNY -- 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 penalties for public urination and defecation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 8 and 11 of section 16-118 of the  administra-
 tive  code of the city of New York, as amended by local law number 75 of
 the city of New York for the year 2016, are amended to read as follows:
   8. The violation of any provision of this section shall constitute  an
 offense  punishable  by  a  fine of not less than fifty dollars nor more
 than two hundred fifty dollars, or by imprisonment  not  to  exceed  ten
 days,  or  both;  provided  that  the violation of subdivision 1 of this
 section[, or the violation of subdivision 6 of this section by means  of
 the  act  of  public  urination,] shall constitute an offense punishable
 only by a fine of not less than fifty dollars nor more than two  hundred
 fifty  dollars,  or by imprisonment not to exceed one day, AND PROVIDED,
 FURTHER, THAT THE VIOLATION OF SUBDIVISION 6 OF THIS SECTION BY    MEANS
 OF  THE  ACT OF PUBLIC URINATION OR PUBLIC DEFECATION SHALL CONSTITUTE A
 CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF FIVE HUNDRED DOLLARS.
   11. In the event that a  violator  fails  to  answer  such  notice  of
 violation within the time provided therefor by the rules and regulations
 of the environmental control board, a tribunal of the office of adminis-
 trative  trials and hearings, pursuant to section 1049-a of the charter,
 he or she shall become liable for additional penalties.  The  additional
 penalties   shall  not  exceed  four  hundred  fifty  dollars  for  each
 violation, provided that such penalties imposed for a violation of  this
 section  for  the act of public urination OR PUBLIC DEFECATION shall not
 exceed 150 percent of the penalties enumerated in paragraph b of  subdi-
 vision  9  of  this  section,  and  further provided that such penalties
 imposed for violations of subdivision 1 of this section shall not exceed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00230-01-3
              

 A. 5262                             2
 
 150 percent of the penalties enumerated in paragraph c of subdivision  9
 of this section.
   § 2. Paragraph b of subdivision 9 of section 16-118 of the administra-
 tive code of the city of New York, as amended by local law number 137 of
 the city of New York for the year 2018, is amended to read as follows:
   b.  notwithstanding  paragraph  a of this subdivision, for any natural
 person violating subdivision 6 of this section by means of  the  act  of
 public urination[:
   (1) 75 dollars for a first violation, and
   (2)  not  less  than  250 and not more than 350 dollars for any second
 violation within any 12 month period, and
   (3) not less than 350 and not more than  450  dollars  for  any  third
 violation  within any 12 month period] OR PUBLIC DEFECATION, 500 DOLLARS
 FOR EACH VIOLATION;
   § 3. This act shall take effect immediately.