STATE OF NEW YORK
________________________________________________________________________
5262
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivisions 8 and 11 of section 16-118 of the administra-
2 tive code of the city of New York, as amended by local law number 75 of
3 the city of New York for the year 2016, are amended to read as follows:
4 8. The violation of any provision of this section shall constitute an
5 offense punishable by a fine of not less than fifty dollars nor more
6 than two hundred fifty dollars, or by imprisonment not to exceed ten
7 days, or both; provided that the violation of subdivision 1 of this
8 section[, or the violation of subdivision 6 of this section by means of
9 the act of public urination,] shall constitute an offense punishable
10 only by a fine of not less than fifty dollars nor more than two hundred
11 fifty dollars, or by imprisonment not to exceed one day, and provided,
12 further, that the violation of subdivision 6 of this section by means
13 of the act of public urination or public defecation shall constitute a
14 class A misdemeanor punishable by a fine of five hundred dollars.
15 11. In the event that a violator fails to answer such notice of
16 violation within the time provided therefor by the rules and regulations
17 of the environmental control board, a tribunal of the office of adminis-
18 trative trials and hearings, pursuant to section 1049-a of the charter,
19 he or she shall become liable for additional penalties. The additional
20 penalties shall not exceed four hundred fifty dollars for each
21 violation, provided that such penalties imposed for a violation of this
22 section for the act of public urination or public defecation shall not
23 exceed 150 percent of the penalties enumerated in paragraph b of subdi-
24 vision 9 of this section, and further provided that such penalties
25 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
1 150 percent of the penalties enumerated in paragraph c of subdivision 9
2 of this section.
3 § 2. Paragraph b of subdivision 9 of section 16-118 of the administra-
4 tive code of the city of New York, as amended by local law number 137 of
5 the city of New York for the year 2018, is amended to read as follows:
6 b. notwithstanding paragraph a of this subdivision, for any natural
7 person violating subdivision 6 of this section by means of the act of
8 public urination[:
9 (1) 75 dollars for a first violation, and
10 (2) not less than 250 and not more than 350 dollars for any second
11 violation within any 12 month period, and
12 (3) not less than 350 and not more than 450 dollars for any third
13 violation within any 12 month period] or public defecation, 500 dollars
14 for each violation;
15 § 3. This act shall take effect immediately.
