A 4861: Increases penalties for public urination or defecation to $500 for any violation.

  
  STATE OF NEW YORK ________________________________________________________________________ 4861 2025-2026 Regular Sessions  IN ASSEMBLY February 6, 2025 ___________ Introduced by M. of A. CHANG, BROOK-KRASNY, NORBER, NOVAKHOV -- read once and referred to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to penalties for public urination and defecation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 8 and 11 of section 16-118 of the administra- 2 tive code of the city of New York, as amended by local law number 75 of 3 the city of New York for the year 2016, are amended to read as follows: 4 8. The violation of any provision of this section shall constitute an 5 offense punishable by a fine of not less than fifty dollars nor more 6 than two hundred fifty dollars, or by imprisonment not to exceed ten 7 days, or both; provided that the violation of subdivision 1 of this 8 section[, or the violation of subdivision 6 of this section by means of 9 the act of public urination,] shall constitute an offense punishable 10 only by a fine of not less than fifty dollars nor more than two hundred 11 fifty dollars, or by imprisonment not to exceed one day, and provided, 12 further, that the violation of subdivision 6 of this section by means 13 of the act of public urination or public defecation shall constitute a 14 class A misdemeanor punishable by a fine of five hundred dollars. 15 11. In the event that a violator fails to answer such notice of 16 violation within the time provided therefor by the rules and regulations 17 of the environmental control board, a tribunal of the office of adminis- 18 trative trials and hearings, pursuant to section 1049-a of the charter, 19 [he or she] such violator shall become liable for additional penalties. 20 The additional penalties shall not exceed four hundred fifty dollars for 21 each violation, provided that such penalties imposed for a violation of 22 this section for the act of public urination or public defecation shall 23 not exceed 150 percent of the penalties enumerated in paragraph b of 24 subdivision 9 of this section, and further provided that such penalties 25 imposed for violations of subdivision 1 of this section shall not exceed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07577-01-5 
 A. 4861 2 1 150 percent of the penalties enumerated in paragraph c of subdivision 9 2 of this section. 3 § 2. Paragraph b of subdivision 9 of section 16-118 of the administra- 4 tive code of the city of New York, as amended by local law number 137 of 5 the city of New York for the year 2018, is amended to read as follows: 6 b. notwithstanding paragraph a of this subdivision, for any natural 7 person violating subdivision 6 of this section by means of the act of 8 public urination[: 9 (1) 75 dollars for a first violation, and 10 (2) not less than 250 and not more than 350 dollars for any second 11 violation within any 12 month period, and 12 (3) not less than 350 and not more than 450 dollars for any third 13 violation within any 12 month period] or public defecation, 500 dollars 14 for each violation; 15 § 3. This act shall take effect immediately.