By Council Members DeMarco, Fisher and Koslowitz; also Council Members Fsoter, harrison, McCaffrey, Rivera and Robles.
To amend the administrative code of the city of New York, in relation to a prohibition on the use of earphones while operating a bicycle, skateboard, in-line skates or roller skates.
Be it enacted by the Council as follows:
Section 1. Subchapter 3 of chapter 1 of title 19 of the administrative code of the city of New York is amended by adding a new section 19-176.2 to read as follows:
19-176.2 Prohibition on the use of earphones while operating a bicycle, skateboard, in-line skates or roller skates. a. It is hereby declared that the use or operation of any listening device placed on the ears to provide amplification of any sound from a radio, compact disc player, tape player or other sound-making or sound reproduction device, or any device or apparatus for the reproduction or amplification of the human voice or other sound, while operating a bicycle, skateboard, in-line skates or roller skates on city streets is detrimental to the health, welfare and safety of pedestrians. The use or operation of such listening devices may divert the attention of the bicycle operator, skateboarder, in-line skater or roller skater from the safe operation of his or her mode of transportation and, because it significantly diminishes that person's ability to hear other sounds, such as car horns or human voices, increases the likelihood of injury to life and limb.
b. Definitions. For the purposes of this section: 1. The term "earphones" shall mean any listening device placed in and/or on the ears to provide reception and/or amplification of any sound from a radio, compact disc player, tape player or other sound-making or sound reproduction device, but shall not include a device prescribed by a physician that is used by a person with a hearing impairment.
2. The term "bicycle" shall mean a two- or three- wheeled device upon which a person may ride, propelled by human power through a belt, chain or gears, with such wheels in a tandem or tricycle.
3. The term "in-line skate" shall mean a manufactured or assembled device consisting of an upper portion that is intended to be secured to a human foot, with a frame or chassis attached along the length of the bottom of such upper portion, with such frame or chassis holding two or more wheels that are longitudinally aligned and used to skate or glide, by means of human foot and leg power while having such device attached to such foot or leg.
4. The term "skateboard" shall mean a device consisting of a platform, usually curved upward at each end, to which are mounted or permanently attached two swiveling frames, each of which is used to support and guide a pair of small wheels, which device glides or is propelled by means of human foot or leg power.
5. The term "roller skate" shall mean a manufactured or assembled device consisting of a frame or shoe having clamps or straps or both for fastening, with a pair of small wheels near the toe and another at the heel mounted or permanently attached thereto, for skating or gliding by means of human foot and leg power.
6. The term "apparatus" shall mean any mechanism which prevents, controls, detects, measures or records the production of sound.
7. The term "street" shall mean any public street, avenue, road, alley, lane, highway, boulevard, concourse, parkway, driveway, culvert, sidewalk, crosswalk, boardwalk, viaduct, square or place.
8. The term "sound reproduction device" shall mean a device intended primarily for the production or reproduction of sound, including but not limited to any musical instrument, radio receiver, television receiver, tape recorder, phonograph, compact disc player or sound amplifying system.
c. It shall be unlawful for any person to use or operate earphones while using or operating a bicycle, skateboard, roller skate or in-line skate in or upon any street. d. Any person who violates subdivision c of this section shall be liable for a civil penalty of not more than one hundred dollars which may be recovered in a proceeding before the environmental control board.
e. The provisions of this section shall be enforced by the department, the police department and the department of parks and recreation.
2. This local law shall take effect immediately.
Referred to the Committee on Transportation.
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Note: Matter in italics is new; matter in brackets [ ] to be omitted.