N.Y.C. Admin. Code § L.L. 1989/005: L.L. 1989/005

Enactment date: 2/3/1989

Int. No. 1138

By the Vice Chairman (Council Member Vallone) and Council Members DeMarco, Crispino, Berman, Spigner, Dryfoos, Greitzer, O'Donovan, Molinari, Leffler and Maloney; also Council Members Alter, Castaneira-Colon, Dear, DiBrienza, Eisland, Foster, Gerges, Horwitz, Lisa, McCaffrey, Michels, Pinkett, Povman, Robles, Ward and Williams

A Local Law to amend the administrative code of the city of New York, in relation to enhancing the powers of the police commissioner with respect to public nuisances

Be it enacted by the Council as follows:

Section one. Legislative Intent. The Council finds that Local Law 42 of 1984 was enacted to authorize the police commissioner to sanction and penalize public nuisances: establishments and property operated or used in violation of penal laws relating to prostitution, gambling, controlled substances, dangerous drugs, stolen property, and laws relating to the sale and consumption of alcoholic beverages. The Council hereby reaffirms its previous finding that such public nuisances continue to exist in the city of New York and have a detrimental effect on the public health, safety and welfare and further have a negative effect on the quality of life and total community environment. The Council further finds that the usefulness of Local Law 42 of 1984 in removing public nuisances have been curtailed by the requirement that violations of the penal and other specified laws result in two or more criminal convictions within a twelve-month period. It has often proved difficult to obtain two convictions within this time frame because of delays in the criminal proceedings. It is the intention of the Council to remove this impediment to the use of Local Law 42 in prohibiting the continued existence of public nuisances in the city of New York by requiring one conviction and one arrest as a precondition to the use of this provision.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect immediately.