What's happening
This bill requires photographic evidence to be produced before charging someone with a local sanitation violation in New York.
Why it matters
Reduces risk of wrongful citations. By requiring photographic evidence before a sanitation violation can be charged, the bill helps ensure that individuals are not unfairly penalized based on subjective or inconsistent reports.
Improves transparency and accountability. The mandate for agents to provide the accused with a copy of the photographic evidence enhances trust in the enforcement process and gives those charged a clear understanding of the alleged violation.
Creates a record for dispute resolution. Having photographic documentation available both to the accused and the municipality means that disputes can be more fairly adjudicated, as there is objective evidence to review rather than relying solely on testimony or written reports.
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Who cares
Headline styles
Photo Proof for Sanitation Fines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local government
- Referred to local government
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
348
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, in relation to requiring the production of a photographic image of each violation of a local law, ordinance or code relating to sanitation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general municipal law is amended by adding a new section 137 to read as follows:
§ 137. Photographic images of sanitation violations. No agent of a city, town, village or county shall charge any person with the violation of any local law, ordinance or code relating to sanitation, until such agent shall have caused a photographic image of the unsanitary condition to be produced. Two copies of each such photographic image shall be produced, with one such copy being attached to the instrument charging such violation which is provided to the person alleged to have committed the violation, and the remaining copy shall be retained by the city, town, village or county.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02612-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general municipal law, in relation to requiring the production of a photographic image of each violation of a local law, ordinance or code relating to sanitation
Purpose
This bill will require that cities, towns, and villages have photograph- ic proof of sanitation violations.
Summary of provisions
Amends the General Municipal Law, by adding a new Section 137 that requires photographic images of sanitation violations.
Justification
This provision would enable residents to have a photo of the conditions on their property that lead to a New York City Department of Sanitation violation. It would also simplify the appeals process with the Environ- mental Control Board. The administrative judge would have a date stamped photograph to review while considering the property owner's appeal.
Fiscal implications
None to the state
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.