Orders the confiscation of property or devices, used in willful and continual violation of any provision of this code or order or regulation promulgated by the commission or the board, which belongs to any person classified as a persistent violator.
TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to ordering the confiscation of property or devices belonging to persistent violators of noise ordinances
PURPOSE: To ensure noise ordinances are being followed, and repeat offenders punished through the confiscation of their device or property that was willfully being used.
SUMMARY OF PROVISION: Amends subdivision (b) of section 24-257 to order confiscation of property or devices used in continually violating the noise ordinance. The confiscation order can be challenged through a hearing. The board makes the final decision, once the hearing has been completed.
JUSTIFICATION: Neighborhoods should not have to deal with constant loud noises, especially by neighbors or citizens who are repeat offenders. Confiscating their devices will aide in curbing the amount of noise that emits from certain neighborhoods. Offenders have the ability to go before a hearing to plead their case, yet the hearing board has final say in its decision.
LEGISLATIVE HISTORY: 2009-10: S.3705 - Died in Cities; A.9741
FISCAL IMPLICATIONS: Fiscal implications to be determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3024 2011-2012 Regular Sessions IN SENATE February 7, 2011 ___________Introduced by Sen. HUNTLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to ordering the confiscation of property or devices belonging to persistent violators of noise ordinances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (b) of section 24-257 of the administrative code of the city of New York is amended by adding a new paragraph 11 to read as follows: (11) ORDER THE CONFISCATION OF PROPERTY OR DEVICES, USED IN WILLFUL AND CONTINUAL VIOLATION OF ANY PROVISION OF THIS CODE OR ORDER OR REGU- LATION PROMULGATED BY THE COMMISSION OR THE BOARD, WHICH BELONGS TO ANY PERSON CLASSIFIED AS A PERSISTENT VIOLATOR AS PROVIDED IN PARAGRAPH TEN OF THIS SUBDIVISION. SUCH ORDER SHALL BE EFFECTIVE UPON SERVICE THEREOF. ANY PARTY AFFECTED BY SUCH AN ORDER MAY REQUEST A HEARING ON WRITTEN NOTICE, AND HE OR SHE SHALL BE AFFORDED A HEARING, WITHIN TWENTY-FOUR HOURS AFTER SERVICE OF SUCH REQUEST, PURSUANT TO SECTION 24-263 OF THIS SUBCHAPTER. IF SUCH AN ACCELERATED HEARING IS NOT REQUESTED, THEN A HEARING SHALL BE AFFORDED WITHIN TEN DAYS OF THE ISSUANCE OF THE ORDER. THE BOARD SHALL ISSUE ITS FINAL DECISION AND ORDER THEREON WITHIN THREE DAYS FROM THE CONCLUSION OF A HEARING HELD PURSUANT TO THIS SUBDIVISION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02522-01-1