NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4861
SPONSOR: Chang TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to penalties for public urination and defecation
PURPOSE OR GENERAL IDEA OF BILL:
To increase penalties for public urination and public defecation in the
city of New York
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 8 and subdivision 11 of section 16-118 of
the administrative code of the city of New York. Subdivisions 8
increases the penalties for public urination and public defecation to a
class A misdemeanor punishable by a fine of five hundred dollars. •
Subdivision 11 clarifies that penalties assessed for public urination or
public defecation shall not exceed 150% of the five hundred dollar fine,
thereby capping the fine at $750.
Section 2 amends paragraph b of subdivision 9 of section 16-118 of the
administrative code of the city of New York to replace existing penal-
ties with the new fine of five hundred dollars.
Section 3 provides that this act shall take effect immediately.
JUSTIFICATION:
New York City, one of the finest cities in the history of mankind, is
fighting a disturbing trend of lawlessness brought on by Albany's failed
catch-and-release criminal justice policies. Many decision makers in the
state government are insulated from the consequences of their policies
and fail to see the rapid decline, but everyday New Yorkers cannot
ignore the chaos. We're witnessing the slow-motion collapse of the
greatest civilization the world has ever known, and one disturbing symp-
tom is the endemic indecency we see every day on our streets.
As if theft, violence, and a rampant disregard for our neighbors weren't
enough, some New Yorkers are now stooping to the level of treating the
city's parks, sidewalks, and alleys as their personal latrine. This
behavior is not only inappropriate, but also a public health hazard with
the potential to spread infectious diseases such as E. Coli and Hepati-
tis.
Ignoring such wanton disregard for common decency and public safety will
only further encourage this bad behavior. This bill will increase the
penalties for public urination and public defecation by making both
class A misdemeanors and raising the current fines, while also preserv-
ing a judge's discretion to order court-mandated community service for
those who cannot afford to pay a civil penalty.
PRIOR-LEGISLATIVE HISTORY:
2023-2024, A.5262, not considered
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
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.
