NY State Senate Bill 2015-S4704

Senate Bill S4704

2015-2016 Legislative Session

Allows property owners to prune obstructive branches of trees under the exclusive control of the commissioner

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to cities
Apr 10, 2015	referred to cities

2015-S4704 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §18-105.2, NYC Ad Cd
Versions Introduced in 2017-2018 Legislative Session:: S1781

2015-S4704 (ACTIVE) - Summary

Allows property owners to prune obstructive branches of trees under the exclusive control of the commissioner provided they do not use any device to aid in their reach.

2015-S4704 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4704

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to allowing property owners to prune tree
branches within their reach

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to allow New York City property owners to
prune obtrusive tree branches that are otherwise under the exclusive
control of the Department of Parks and Recreation's (DPR)
Commissioner.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 18-105.2, which provides that
any owner of a class one or two property that is a residential condo
or co-op, that is in whole or in part owner-occupied and used
exclusively for residential purposes, and who finds their property
obstructed by the branches of a tree that is under the exclusive
jurisdiction of the DPR Commissioner, may prune the obstructing
branches that are within the owner's reach. The owner may not use any
device to aid their reach, such as a ladder or extended branch
clippers.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION:

City trees that are not properly pruned can at best create a nuisance,
and at worst result in injury or even death. Injuries or deaths from
falling branches have been the result of lawsuit settlements from the
City of New York ranging from $4,000 to $14.8 million throughout last
ten years. In New York City, trees are typically pruned only every
12-15 years, as DPR's budget for tree pruning has been cut to nearly a
quarter of what it once was. The City's inability to keep up with the
pruning demands of its 650,000 street trees has even been the subject
of a recent audit by the New York City Comptroller, who concluded that
the "city's performance is unacceptable," while noting the dangers of
uncared for trees and falling branches.

Homeowners should not be subject to the dangers of trees that have not
been pruned, and the risks of falling branches. This bill aims to
provide a simple solution to this problem, by allowing homeowners to
prune those tree branches that are within their reach.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4704 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4704

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 10, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- 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  allowing  property  owners to prune tree branches within
  their reach

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The administrative code of the city of New York is amended
by adding a new section 18-105.2 to read as follows:
  S 18-105.2 TREES AND  PRUNING  OF  OBSTRUCTIVE  BRANCHES  BY  PROPERTY
OWNERS.  ANY  OWNER OF A CLASS ONE PROPERTY OR A CLASS TWO PROPERTY THAT
IS A RESIDENTIAL CONDOMINIUM OR RESIDENTIAL COOPERATIVE, AS SUCH CLASSES
OF PROPERTY ARE DEFINED IN SUBDIVISION ONE OF SECTION  EIGHTEEN  HUNDRED
TWO  OF  THE  REAL  PROPERTY  TAX LAW, THAT IS IN WHOLE OR IN PART OWNER
OCCUPIED AND USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES, WHO FINDS HIS OR
HER PROPERTY IS OBSTRUCTED BY THE BRANCHES OF A TREE UNDER THE EXCLUSIVE
JURISDICTION OF THE COMMISSIONER MAY  PRUNE  SUCH  BRANCHES  WITHIN  THE
PROPERTY  OWNER'S  REACH,  PROVIDED THE OWNER DOES NOT USE ANY DEVICE TO
AID IN HIS OR HER REACH INCLUDING, BUT  NOT  LIMITED  TO,  A  LADDER  OR
EXTENDED BRANCH CLIPPERS.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08208-01-5

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