Requires all agencies of the city of New York which issue summons to document violations with photographic evidence when feasible

Title of bill

An act to amend the administrative code of the city of New York, in relation to requiring all city agencies issuing summonses to document violations by photographic evidence when possible and practicable

Purpose

Requires all agencies of the city of New York which issue summons to document violations with photographic evidence when feasible

Summary of provisions

Section 1 amends Title 7 of the Administrative Code of New York City by adding a new chapter 10 entitled "Evidence for Agency Summons"

Section 2 sets forth the effective date of this legislation.

Justification

With the rapidly growing ability of all New Yorkers to document everyday occurrences through the use of mobile phones and other electronic devices, so too have enforcement officials been provided with an ability to document violations of the law.

In the interest of promoting transparency and justice, this legislation seeks to provide both New York City residents and New York City enforcement agencies with the necessary tools to document administrative violations as they occur. All agencies issuing summonses that are review by the New York City Office of Administrative Trials and Hearings (OATH) would be required to undergo an analysis of violations that could be proven through the use of photographic evidence. Agencies would then develop a list of violations that could be proven in this manner, and require enforcement officers to document the substance of a summons through use of photographic evidence. In circumstances where the capturing of photographic evidence for these violations is impracticable, enforcement officers would be required to indicate the reason why on the face of an issued summons. Furthermore, OATH would be required to include collected photographic evidence relating to a summons on their existing website, giving respondents the ability to quickly ascertain the nature of the evidence against them. This process would allow respondents the ability to wage a more effective appeal against a faulty summons, while also safeguarding the City's interests when a valid summons has been issued for a violation.

In 2016 alone, 58.1% of summonses reaching OATH's Environmental Control Board on an appeal were dismissed. Summonses falling into this category included those issued by the New York City Departments of Sanitation, Buildings, Transportation, Health, Environmental Protection, and Parks, as well as other public safety violations issued by the New York City Police and Fire Departments. With such a high dismissal rate, it is plausible to assume both that much more can be done to preserve the integrity of summonses issued by City agencies, and that a great number of summonses issued by the City are currently lacking sufficient evidence. By implementing the mandatory use of photographic evidence on summonses for which it is feasible to do so, the cost and burden associated with addressing violations based upon insufficient evidence will be lessened for both respondents and the City.

Prior legislative history

New bill. FISCAL IMPACT :

To be determined.

Effective date

This act shall take effect immediately.