What's happening
This bill requires property occupants to warn and safeguard pedestrians from open cellar doors on sidewalks, imposing civil penalties for violations.
Why it matters
Increases pedestrian safety. By explicitly requiring property occupants to warn and physically guard against open cellar doors on sidewalks, the bill addresses a significant source of sidewalk injuries, potentially reducing accidents involving unsuspecting pedestrians.
Establishes clear liability. The legislation makes property occupants (not just owners, but also tenants, lessees, and anyone in charge) legally responsible for injuries or risks related to open cellar doors, clarifying who must act and who can be held accountable.
Imposes escalating penalties. The bill introduces a tiered penalty system, with fines that increase for repeated violations within a year, creating a financial incentive for compliance and discouraging negligence over time.
Provides flexibility in safeguards. While suggesting traffic cones as an example, the bill does not mandate a specific method for warning or guarding, allowing for various types of effective safety measures to be used based on the situation.
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History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
592
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to protecting pedestrians from open cellar doors
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general obligations law is amended by adding a new section 9-107 to read as follows:
§ 9-107. Duty to warn against and guard from open cellar doors; property occupants' duties. 1. Every owner, lessee, tenant, occupant, or other person, having charge of any building abutting any street where the sidewalk is paved, shall have a duty to warn against and guard pedestrians from an open cellar door or grate located in or on such sidewalk. Adequate safeguards may include, but shall not be limited to, a barrier of traffic cones around the opening.
2. Any person violating the provisions of subdivision one of this section shall be liable and responsible for a civil penalty of not less than one hundred dollars nor more than one hundred fifty dollars for the first violation, except that for a second violation of subdivision one within any twelve-month period such person shall be liable for a civil penalty of not less than one hundred fifty dollars nor more than two hundred fifty dollars and for a third or subsequent violation of subdivision one within any twelve-month period such person shall be liable for a civil penalty of not less than two hundred fifty dollars nor more than three hundred fifty dollars.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04777-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.