Proposed Int. No. 650-A
By Council Members Vallone Jr., Gonzalez and Nelson (by request of the Mayor)
A Local Law to amend the administrative code of the city of
Be it enacted by the Council as follows:
Section 1. Legislative purposes. The Council recognizes the need to protect
the citizens of
§ 2.
Title 10 of the administrative code of the city of
CHAPTER
8
BIOLOGICAL, CHEMICAL AND
RADIOLOGICAL DETECTORS
§ 10-801 Definitions.
§ 10-802 Permits for
possession or deployment of biological, chemical and radiological detectors.
§ 10-803 Application for
permit.
§ 10-804 Permit term.
§ 10-805 Notifications.
§ 10-806 Coordination.
§ 10-807 Rules.
§ 10-808 Penalties.
§ 10-809 Certain
biological, chemical and radiological detectors not subject to this chapter.
§ 10-801 Definitions. For the purposes of this chapter, the
following terms shall have the following meanings.
a. The term “alarm” shall mean any
alarm or other indication of a biological, chemical or radiological detector
that indicates the presence of a biological agent, chemical agent, radiation or
radioactive substance at the level or levels prescribed pursuant to section
10-807 of this chapter.
b. The term “biological agent” shall mean any
micro-organism, including bacteria and viruses, or structural components or
products of such micro-organisms, including toxins, whether engineered or naturally
occurring, that are capable of causing death, disease or other biological
malfunction in a living organism, deterioration or poisoning of food or
water, or deleterious alteration of the
environment.
c. The term “biological detector”
shall mean an instrument used for the purpose of monitoring the release or
presence of one or more biological agents, including an instrument which
samples the atmosphere for such purpose.
d. The term “chemical agent” shall
mean a chemical which through its action on life processes can cause death,
serious physical injury or permanent harm to humans or animals and shall
include but not be limited to toxic industrial chemicals and chemical warfare
agents as identified by the commissioner.
e. The term “chemical detector” shall
mean an instrument used for the purpose of monitoring the release or presence
of one or more chemical agents, including an instrument which samples the
atmosphere for such purpose.
f. The term “commissioner” shall
mean the police commissioner of the city of
g. The term “deploy” shall mean
use or operate a biological, chemical and radiological detector, and
“deployment” shall mean the use or operation of such a detector.
h. The term “permit” shall mean
the permit issued by the commissioner for possession or deployment of a
biological, chemical or radiological detector.
i. The term “radioactive
substance” shall mean a substance that emits ionizing radiation including
alpha, beta, gamma or neutron radiation.
j. The term
“radiological detector” shall mean an instrument used for the purpose of
monitoring the release or presence of radiation or a radioactive substance.
§
10-802 Permits for possession or deployment of biological, chemical and
radiological detectors. a. It shall be
unlawful for any person to possess or deploy a biological, chemical or
radiological detector in the city of
b. This section shall not apply
to:
(1) biological, chemical and radiological
detectors possessed or deployed by the department of health and mental hygiene,
the fire department, the department of environmental protection, or any other
city agency authorized by the commissioner to possess or deploy a biological,
chemical or radiological detector without a permit;
(2) radiological detectors owned by the
department of health and mental hygiene but possessed or deployed by a hospital
or other health care facility, provided that such detectors are possessed and
deployed subject to a protocol established by the department of health and
mental hygiene with the concurrence of the commissioner governing required
notification of alarms; or
(3) biological, chemical and radiological
detectors possessed by any person, without deployment, for the sole purpose of
(i) selling such detector to another person for
deployment by another person or (ii) transporting such detector from one
location to another.
§ 10-803 Application for permit. a.
Application for a permit to possess or deploy a biological, chemical or
radiological detector, or for renewal of such permit, shall be made to the
commissioner upon such form as the commissioner shall prescribe and shall
contain such information as the commissioner may require, including but not
limited to a detailed description of the biological, chemical or radiological
detector to be possessed or deployed, the manner in which such detector will be
installed and maintained, the location of such installation (or, if such
detector is portable, a description of the types of locations in which it will
be deployed), the manner by which such detector will indicate or transmit an
alarm, and the proposed emergency action plan to be implemented in the event of
an alarm, including any such plan developed pursuant to section 27-4267.4 of
the administrative code. Applicants
shall affirm the truth of the contents of the application under penalty of
perjury.
b. There shall be no fee required
for processing such application.
c. The commissioner shall review
the application and investigate the information contained therein, requesting
and receiving from the applicant any further information as may be necessary
for his or her determination. The
commissioner may consult as appropriate with other city agencies with respect
to such application or investigation, including but not limited to the
department of health and mental hygiene, the fire department and the department
of environmental protection.
d. Applicants also may be required
to meet with the police department and other appropriate city agencies in order
to coordinate potential emergency responses to an alarm indicated or
transmitted by a biological, chemical or radiological detector.
e. An application for a permit or
for renewal thereof will be approved and a permit will be issued by the
commissioner if he or she determines that the application and the biological,
chemical or radiological detector to be possessed or deployed meet the
requirements of this chapter and the rules promulgated hereunder. Such permit shall be issued upon such terms
and conditions the commissioner may prescribe, including but not limited to the
requirements set forth in section 10-807 of this chapter. If the application is disapproved, the commissioner
shall so notify the applicant, including any reasons for the disapproval.
f. The
commissioner shall render a determination on an application for a permit or for
renewal thereof within sixty days of receipt of a completed application;
provided, however, that where the commissioner previously approved a permit for
the same type and model of biological, chemical or radiological detector sought
to be possessed or deployed, whether submitted by the applicant or by another
individual or entity, the commissioner shall render a determination on an
application for a permit or for renewal thereof within thirty days of receipt
of a completed application. Where the
commissioner fails to render a determination on an application for a permit or
for renewal thereof in accordance with this subdivision, such application shall
be deemed approved and the applicant shall be subject to the requirements
applicable to a permit holder set forth in this chapter and the rules
promulgated hereunder until such time as such person’s application for a permit
or renewal thereof is denied.
§ 10-804 Permit term. A permit issued pursuant to this chapter
shall expire on the last day of the fifth December after the date of issue and
may be renewed for five-year terms thereafter by submission of an application
for renewal as described in section 10-803 of this chapter.
§ 10-805 Notifications. a.
Following issuance of the permit, the permit holder shall immediately
notify the commissioner of any material change in the information contained in the
application or of other relevant circumstances established by rule of the
commissioner, including but not limited to the acquisition of a biological,
chemical or radiological detector different from the detector for which the
permit was issued. Upon notification of
such change, the commissioner may suspend, revoke or amend the permit and/or
direct that the holder submit an application for a new permit.
b.
Any person deploying a biological, chemical or radiological detector for
which a permit is required by this chapter shall notify the police department
if such detector indicates an alarm, notwithstanding whether the person holds a
permit for such detector, pursuant to such procedures and utilizing such
technologies as are prescribed by rule of the commissioner and/or are included
as a term of the permit itself.
§ 10-806 Coordination. With respect to biological, chemical and
radiological detectors possessed or deployed within the city of New York by
local, state, regional, federal or foreign government agencies or authorities,
or as an element of programs or initiatives undertaken by such agencies or
authorities, the commissioner shall be authorized to coordinate such activities
and request and receive such information as is necessary to carry out this
function.
§ 10-807 Rules. a. The commissioner is authorized to
promulgate such rules as he or she deems necessary to implement the provisions
of this chapter.
b. To promote the legislative
purposes of this chapter, such rules may include but are not limited to:
(1) minimum technical standards and
capabilities that must be met by biological, chemical and radiological
detectors, as determined in consultation with other appropriate city agencies,
including but not limited to the department of health and mental hygiene and
department of environmental protection;
(2) requirements
relating to the manner in which such detectors will indicate or transmit an
alarm;
(3) the thresholds of an indicated
biological agent, chemical agent, radiation or radioactive substance, as
determined in consultation with the department of health and mental hygiene and
the department of environmental protection, at which the police department must
be notified by persons deploying a biological, chemical or radiological
detector or other action by such persons must be taken;
(4) requirements
relating to the installation and maintenance of such detectors;
(5) requirements relating to the means by
which the police department will be notified in the event of an alarm,
including whether such notification shall be immediate or shall follow
preliminary investigation by persons deploying a biological, chemical or
radiological detector;
(6) emergency response protocols and any
other requirements for the emergency action plan to be implemented in the event
of an alarm, including a requirement that permit holders comply with the
instructions of police department personnel and cooperate in any investigation
resulting from such alarm;
(7) requirements
relating to the character and fitness of applicants to possess or deploy biological,
chemical or radiological detectors;
(8) requirements relating to the
responsibility of applicants and permit holders to provide additional
information upon material change to information contained in the permit
application or circumstances affecting the permit;
(9) circumstances under which the
commissioner may direct those possessing or deploying a biological, chemical or
radiological detector subject to the provisions of this chapter to surrender
possession of such detector to the commissioner and/or discontinue deployment
of such detector;
(10) the grounds for the refusal to issue,
revocation or suspension of a permit and the procedures to be followed in the
event of such refusal to issue, revocation or suspension, including but not
limited to provisions relating to administrative appeal of such action; and
(11)
provisions relating to the ability of applicants and permit holders to
consult with the police department regarding whether a permit is required for
the possession or deployment of a biological, chemical or radiological detector.
§ 10-808 Penalties. a. Any
person who violates subdivision a of section 10-802 or section 10-805 of this
chapter or any rule promulgated pursuant to section 10-807 of this chapter or
who misrepresents the proposed or actual possession or deployment of a
biological, chemical or radiological detector shall be guilty of a misdemeanor
punishable by a fine of not more than one thousand dollars or imprisonment of
not more than twenty days, or both.
b. A
violation of this chapter as provided in subdivision a of this section shall be
enforced by prompt issuance of an appearance ticket pursuant to article 150 of
the criminal procedure law rather than by arrest without a warrant pursuant to
article 140 of the criminal procedure law, notwithstanding that such violation
constitutes a misdemeanor.
c. It shall
be an affirmative defense to a violation of this chapter that the defendant is
a natural person who is an agent of a corporation acting within the scope of
his or her employment and in behalf of the corporation. In such event, the corporation in whose
behalf such natural person was acting shall be criminally liable for such
violation pursuant to section 20.20 of the penal law.
d. The
commissioner may suspend or revoke a permit upon his or her determination
that: (1) an application contains a
material false statement; (2) the permit holder or his or her authorized
employee or agent has failed to comply with this chapter, the rules promulgated
hereunder, or the terms and conditions of a permit; (3) the biological,
chemical or radiological detector for which a permit was issued has failed to
be in compliance with such chapter, rules or permit; or (4) the permit holder
or his or her authorized employee or agent has failed to comply with the
instructions of the police department or cooperate in any investigation
relating to the permit or to the biological, chemical or radiological detector
for which a permit was issued.
§ 10-809 Certain biological,
chemical and radiological detectors not subject to this chapter. a. The provisions of this chapter shall
not apply to the following classes or types of biological, chemical or radiological
detectors:
(1)
smoke alarms;
(2)
carbon monoxide detectors;
(3)
radon detectors;
(4)
hand-held chemical detectors, radiological detectors,
personal dosimeters or Geiger counters designed and intended for use by
individuals;
(5)
detectors which are not possessed or deployed as an early warning device with a
purpose of detecting a possible biological, chemical or radiological weapons
attack, including but not limited to the following classes or types of such
detectors:
(i) biological,
chemical and radiological detectors possessed or deployed by an accredited
academic or instructional institution in an academic setting, whether in a
laboratory, classroom or in the field, by instructors or students, for the
purpose of academic instruction or research;
(ii)
radiological detectors possessed or deployed by
hospitals or other health care facilities, except for fixed portal radiation
detectors;
(iii)
biological, chemical and radiological detectors possessed or deployed by utility
companies or in an industrial setting for the purpose of monitoring internal
air quality or leakage of hazardous materials; and
(iv) biological, chemical and radiological detectors possessed or deployed by certified industrial hygienists, labor unions and other individuals or entities responsible for or engaging in testing or monitoring of workplace or environmental safety, including such testing or monitoring in the aftermath of a possible biological, chemical or radiological accident or attack.
§ 3. This local law shall take effect immediately and shall apply to all biological, chemical or radiological detectors subject to chapter eight of title ten of the administrative code of the city of New York, as added by section two of this local law, possessed or deployed on or after the effective date of the rules promulgated pursuant to section 10-807 of the administrative code of the city of New York, as added by section two of this local law; provided, however, that no enforcement of the requirement of a permit for the possession or deployment of a biological, chemical or radiological detector pursuant to section 10-802 of the administrative code of the city of New York, as added by section two of this local law, shall take place with respect to any biological, chemical or radiological detector possessed or deployed by any person before the effective date of such rules if such person:
(a) notifies the police commissioner, no later than five days following the effective date of such rules in accordance therewith, that such person possesses or is deploying a biological, chemical or radiological detector; and
(b) submits a complete application for a permit for the possession or deployment of such detector to the police commissioner pursuant to section 10-803 of the administrative code of the city of New York, as added by section two of this local law, no later than twenty days following the effective date of such rules or twenty days following the date application forms have been made available by the police commissioner, whichever date is later.
Any person who timely notifies the police commissioner in accordance with paragraph (a) of this section shall be subject to the requirements applicable to a permit holder set forth in chapter eight of title ten of the administrative code of the city of New York, as added by section two of this local law, until such time as such person fails to timely submit an application in accordance with paragraph (b) of this section or such person’s application for a permit is denied. If such person fails to timely submit an application in accordance with paragraph (b) of this section or such person’s application for a permit is denied, such person shall no longer be authorized to possess or deploy the biological, chemical or radiological detector and shall discontinue the deployment and dispose of such detector in accordance with the rules promulgated pursuant to section 10-807 of the administrative code of the city of New York, as added by section two of this local law.
4/16/08
9:30 a.m..