Results tagged “law”

First off, there is an Association of Professional Animal Waste Specialists. Last week this group had a trade group gathering in Nashville, and CityRoom reports that "while much of the talk at the seventh annual Pooper Scooper Convention, as usual, centered on business, it also featured the yearly tribute" to the death of the pooper scooper. That's right, the instrument in which the law is named after is nearly extinct.

You may have noticed that electric bikes, or "e-bikes," are increasingly popular in New York. But before you get swept up in the fad, be aware they're technically banned from state roads and city streets, which makes sense, because these things are annoying as they are dangerous—especially when driven by reckless delivery men who tear around like maniacs. The problem is that some e-bikers act like cyclists, using bike lanes and crowding bridge paths, when in fact they have the speed and force of a motor vehicle. And yet a proposal in Albany could flood NYC with these abominations!

It's already illegal for cab drivers to use cell phones while driving—even hands-free—but that law's even more scoffed at than the city's futile jaywalking prohibition! So now the Taxi and Limousine Commission is taking on the seemingly impossible task of separating hacks from their phones, by proposing heavy new punishments for gabby cabbies.

The NYPD may have time to ticket folks drinking a non-life-threatening lager on their stoop, but they are way too busy to ticket jaywalkers. At least, that's what Mayor Bloomberg said yesterday, suggesting New Yorkers practice common sense when crossing the street illegally.

Are you a chronic jaywalker? Allegedly some cops don't even know how to write a jaywalking ticket — the practice is so widespread in New York that people rarely get punished for it until, as the NY Post points out, they are pinned beneath a double-decker tour bus. One former cop explains, "Jaywalking is an urban cultural issue. There are certain cities where jaywalking has been accepted for 50 years or more, so to stop it is like trying to stop the tide from coming in. You can't address the whole culture through policing."

Despite a backlog of 3,000 liquor-license applications, the State Liquor Authority has taken the time to come down heavy on the fratastic sport of beer pong. In 2008, the World Beer Pong Tour had asked the SLA to clarify its stance on its events, and the response was typical for those bribe-taking apparatchiks at the Authority: Beer pong is forbidden because state law "prohibits the sale and distribution of alcoholic beverages in a manner which does not foster and promote temperance in the consumption." Dude, whoever wrote that sounds like uptight Frank the Tank before finally hitting the beer bong.

LGBTQ advocates are pushing the state legislature to amend New York's hate crime law to include gender identity. Under the current state law, prosecuters can classify assault as a hate crime if it stems from the victims' sexual orientation, but crimes against transgender victims do not necessarily qualify. One of the leading advocates for reform is Carmella Etienne, 23, who was attacked in Queens in July by two men shouting anti-gay slurs and threatening to cut her throat.

A new study by several professors at NYU and Yale has taken a close look at the purchasing habits of fast-food consumers in poor NYC neighborhoods with high rates of obesity. Researchers were curious to find out if the law requiring chain restaurants to prominently display their calorie information was influencing customers' choices, and what they found was probably not what the Health Department had hoped for when implementing the rules in 2008.

Even with those handy little illustrated tip sheets on how to separate ones recycling from trash, New Yorkers are still confused! Or lazy. Or living in cramped quarters. The Daily News reports that we're throwing recyclables in the regular trash over half the time. Some blame confusion, while others point out there's simply not enough space in cramped NYC living quarters to have a separate container for everything.

On their way to outlawing smoking in public parks, beaches, and in your dreams, officials at the Health Department are moving forward with a plan to require graphic cigarette warning signs anywhere you buy smokes in NYC. The new signs will include information on how to quit, and, like the one seen here, will show the ugly side-effects of smoking. Some 12,000 retailers in all five boroughs are expected to display the signs by December, but the city will give them a two month grace period before issuing fines.

If you're pregnant, and your baby daddy is being deployed to Afghanistan, and besides, you were totally going to pick up your dog's poop in a minute... should you still be fined $250 for not doing so quickly enough? The Daily News reports that 19-year-old, 9-days-overdue Alicia Fernbacker of Maspeth was slapped with such a fine last week by a sanitation department agent.

It's already illegal to drink in public, smoke in bars, and eat Jalapeno poppers without knowing how many calories you're consuming, and now Nanny Bloomberg wants to make it illegal to pack a piece while drunk. The mayor is proposing a local law that could put sodden gun holders behind bars for up to one year, and fine them up to $10,000. According to WNYC, nineteen states already have laws prohibiting gun possession by intoxicated individuals, and some states go so far as to revoke gun permits from people with drinking problems. But after all that, is there even anyone left who can legally carry a gun? Earlier this year the New York State Assembly floated a bill that would suspend or revoke the firearm license of anyone in possession while drunk; Bloomberg's proposal would use the same definition of intoxicated as the legal limit for driving. The Mayor says, "If you are in a bar and you see somebody intoxicated and think they might have a gun I know what I would do, I'd either leave that bar or call the cops. I don't want to get shot."

Mayor Bloomberg, you really won some votes talking about bringing back the Brooklyn trolleys, but you'd really win over the city if you allowed public drinking in parks. The NY Post reports that he recently addressed the no-drinking policy, saying, "I never understood why we don't let you drink in the park." However, he didn't show any signs that he'd be changing the policy, only saying, "We don't let you drink in the park. I mean, you go to watch the Philharmonic, you can't have a bottle of wine." In the past he has suggested that a bottle of wine while watching something akin to the Philharmonic is okay—something that was called out for being a classist sentiment. Recently Marty Markowitz was also supporting a form of drinking in public, after he was spotted with a glass of white on a stoop in Brooklyn (but he wasn't fined, like the Brooklynite drinking a beer was).

The Natural Resources Defense Council's New York Urban Program Director Eric Goldstein (that's a mouthful) has gone undercover to see what Manhattan retail stores are blasting their air conditioning with open doors to lure the customer inside. This is illegal, of course, and as Goldstein points out, while "the issue isn't tops on the national environmental agenda... it does serve as something of a symbol of shameless wasting of fossil fuels by some of our fellow citizens."

The NYC Health Department reports "widespread compliance" when it comes to chain restaurants displaying calorie info, as required by a 14-month-old law. But at least one eatery isn't about to be bullied into telling diners how fat the Corned Beef sandwich is making them: The Hillstone Restaurant Group, which operates 30 restaurants across the country, is going to court to defend its right to calorie privacy. The LA-based group, which owns Houston's, has two locations in Manhattan—they were formerly called Houston's until the company changed the name to Hillstone to evade the calorie disclosure law. Oddly, the chain hasn't bothered removing the signs outside that still identify them as Houston's locations. V.P. Glenn Viers tells Crain's the whole "chain" label is insulting and doesn't apply to the classy Houston's Hillstone: "We don’t operate like any other chain, and that’s intentional." The restaurant plans to defend itself in court next month, which will be the first challenge of its kind to the law. The DOH has issued violations to 336 of the 2,691 establishments that fall under the regulation, but most were issued soon after the law went into effect and involved minor technical issues.

Workers at the DUMBO grocery store Foragers spent about a week installing what was supposed to be a vastly improved salad bar at the Front Street location. It finally debuted last Friday, but it looks like they've decided not to install the customary plastic shield that protects consumers from strangers' unhygienic snot spray. The city's Department of Health and Mental Hygiene directed our questions to the state's Department of Agriculture and Markets, so here's Section 271-8.2 about salad bars from the state's regulations for retail food stores:

Continue reading "Gross Trend? Salad Bar Without Sneeze Guard!"

You'll be forgiven for not realizing that it's actually illegal for NYC cab drivers to use cell phones—even hands-free—because they all do it. This morning the Times takes a look at chatty cabbies as part of an ongoing series of articles called "Driven to Distraction." Surprisingly, a reporter assigned to ride in cabs as research found that only about one third of his 20 taxi rides featured a driver using his or her cell phone. Almost all of them terminated the call when asked—except for one hack who pulled over and grumbled about a stalled engine.

The Bicycle Access Bill requiring commercial landlords to let office workers bring bikes inside office buildings wasn't the only bike-friendly law passed by the City Council last week. Less noticed was Intro. 780, the Bicycle Parking Bill. If signed by Mayor Bloomberg, it will require the operator of every garage and parking lot with a capacity of one-hundred or more cars to provide and maintain parking spaces for bikes. (And in two years, garages and lots with 51 or more spaces will have to provide bike parking.) The law mandates one bike spot for every 10 motor vehicle spots.

In April, Mayor Bloomberg signed a bill giving New York the toughest laws against vehicular idling; leaving your engine running for more than three minutes is punishable by fines ranging from $220 to $2,000 for repeat offenders. And the limit in a school zone is just one minute. At the bill signing, Bloomberg declared, "Those of us that want to leave a good life for our children, and want to have clean air for us to breathe, and clean water to drink... it's incumbent on us to really carry the fight."

Like "everyman" Kimber VanRy before him, Marty Markowitz is standing up for stoop drinking. The Brooklyn Borough President was caught red handed with a glass of white as he sat on a Brooklyn stoop for an interview on NBC's "Talk Stoop" segment. VanRy, who became the poster boy for stoop drinking when he was ticketed for it last year, told the Daily News, "I just think there's a clear double standard. A law should be applied blindly to everyone, or it should be deemed ridiculous and we get rid of the law."

Check it out, the State Senate did something! Look at them go up there in Albany, passing bills and not locking each other out of the Senate chambers: Just yesterday they voted 57-1, all by themselves, to pass a bill prohibiting drivers from text messaging or using any electronic devices—including iPods—while their cars are in motion. The bill's been a long time coming (a similar version was passed by the Assembly a while ago) and it will become law in November once Governor Paterson lowers his head to paper and signs it. Drivers caught violating the law will be hit with a $150 fine, but it could only be imposed as a secondary offense, when a driver gets pulled over for another violation. Still, some motorists approve; Dave St. Bernard tells the Post, "Sometimes I text and drive. I'm sure it is dangerous, but you get complacent sometimes as a driver. You think you can handle anything on the roads that comes your way." Lawmakers were motivated to pass the bill in part by a horrible accident in 2007, when an SUV driven by a texting teen collided with a tractor trailer in Ontario County. But when will government do something about texting while walking?

Easygoing banks like TD Bank try to cultivate a customer-friendly atmosphere by cheerfully greeting customers, handing out lollipops, and making sure there's no oppressive bulletproof glass harshing the vibe. But now the City Council, acting like a bunch of squares telling the hippies to put their clothes on, is considering a law to force banks to use the "bandit barriers." At a Public Safety Committee hearing yesterday, NYPD Commissioner Ray Kelly testified in support of the legislation, arguing that 47% of robberies in NYC in 2008 occurred at banks with bandit barriers, while 53% went down at banks without them. (The NYPD says there were 444 bank robbery attempts in 2008 — both failed and successful — up 57 percent from 2007.) But Gregory Braca, TD Bank’s president of operations, begged the Council to drop the bill, citing "evidence that if we had to install barriers, it could increase the risk of hostage-taking and injury to our customers." One TD Bank customer explained the appeal to the Times: "With that glass, you feel like you're in a government office, where the lady just talks to you through the little window." (And never offers you a lolly.)

A recently-released study [pdf] conducted by Hunter College students posits that—are you sitting down?—"a large number of cyclists routinely disobey many traffic laws." But wait, didn't these Hunter kids already alert the public to the scourge of cyclist scofflaws back in November? Indeed, they did, but according to City Room this new report is "a rigorous and scientific version" of the previous observational study, which monitored 3,000 cyclists chosen at random at 69 locations. The new version used a wider sampling compiled of 5,275 observations of riders at 45 randomly generated intersections across Midtown from First to 10th Avenues and 14th to 59th Streets. According to the study:

We cannot the verdict.) While the appeal is up in the air, we applaud Johnathan's interest in his civic duty, "trying to learn about jury duty for tomorrow, but all searches lead me to suggestions for getting out of it, instead of rocking it."

Kimber VanRy's name will surely go down in Brownstone Brooklyn history. After getting busted for drinking a Sierra Nevada on his own Sterling Place stoop last August, he stood up to the long arm of the law, and the law didn't win. Sadly, no one really won. The Brooklyn Paper catches up with Our Hero and finds out his case was actually dismissed on a technicality. They report that "Judge Eugene Schwartzwald dismissed the case on Tuesday morning only because it 'took too long' to get the case to trial." VanRy’s lawyer isn't buying it however, and called out prosecutors for "not bothering to show up to fight it out on the merits." Earlier this month the first judge assigned to the case stepped down.

State employees could be enjoying long weekends on a regular basis if state assemblyman Michael Gianaris (of airline passenger bill of rights fame) has his way. The Queens politician plans to introduce legislation that would require all state agencies providing "nonessential services" to change their working hours to 8 a.m. to 6 p.m. Monday through Thursday, instead of the current 9 a.m. to 5 p.m. five days a week. Gianaris says the change would save New York $30 million a year in building maintenance and transportation costs. (Education, transportation, public safety and hospital workers would be excluded, according to the Times.) Governor Paterson's office has yet to comment on the proposal, but Utah, which has a much smaller state workforce, is saving $3 million annually with four-day weeks. New York's budget deficit is expected to hit $15 billion this year.

An observational study by Hunter College students has concluded that when it comes to traffic regulations, cyclists are incorrigible scofflaws. Students spent October observing 3,000 cyclists chosen at random at 69 locations throughout the five boroughs; they found that only 43 percent of all cyclists stopped at red lights, and roughly 14 percent did not use designated bike lanes, which is not required by law. City law does require children under age 14 to wear helmets, but the study determined that less than half do so. Also:
• Commercial cyclists such as messengers and delivery workers are required to wear helmets, but only 27 percent were observed wearing helmets.
• A gender disparity in helmet use was also evident, with roughly half of female cyclist observed using helmets, compared to just a third of the males.
• About 13 percent of cyclists were observed riding against traffic, and almost 13 percent were observed riding on sidewalks.

"To our eyes, this isn't just about personal behavior, this is about streets that are dangerous and not serving all the people who use them. Well-designed streets give us behavior we want. A good example is 9th Avenue in Chelsea, where there is now a protected bike lane.

Continue reading "Surprising No One, Study Says Cyclists Ignore Traffic Laws"

The NYCLU has fired off a sternly worded letter to NYPD Commissioner Ray Kelly demanding that police stop arresting children in public schools under the age of 16. The state's Family Court Act prohibits police from arresting kids younger than 16 without a warrant unless they've committed a crime. But according to NYPD data obtained in a Freedom of Information Law request, 309 kids under age 16 were arrested between 2005 and 2007 for offenses like disorderly conduct, loitering, or possession of marijuana or fireworks. (In one case, an 11-year-old was arrested for trespassing at his school.) The NYCLU maintains that most of these are non-criminal offenses.

Is Peter Vallone Jr's favorite daredevil, Jeb Corliss, back at it? While he's facing misdemeanor charges from his 2006 attempt to jump off the Empire State Building (the Daily News notes that he's still fighting to get the charges tossed due to missing evidence), Corliss may already be planning his next move. He told The NY Post that he would "absolutely" take advantage of the new law passed that allows urban stunts like parachuting off buildings with a police permit, and he added, "I love Mayor Bloomberg" (who signed the bill). Back in July Philippe Petit, who walked a highwire between the WTC towers in 1974, told us, "I continue to have in my mind some illegal walks. But we live in a different time now, and suddenly in a big city like New York, if I'm caught by the powers that be at the top of a building ... I would be shot first and asked questions later."

Long Island waiters who provide a tantalizing description of the daily specials while omitting such vulgar details as price may have to change up their patter if a proposed law in Nassau County gets passed. Of course, resistance is coming from the New York Restaurant Association, which in recent years has failed to block regulations on calorie info and bans on artificial trans fat. The executive vice president of the group maintains, "It’s good business to give the prices, but it’s beyond the purview of a legislative body to get that far into managing restaurants." But Harvey B. Levinson, a champion of the proposal, tells the Times: "I’m sure that at one time or another you have been enticed by a waiter or waitress into ordering the special of the day, only to discover that it was really the price that was special."