NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5317
SPONSOR: Brook-Krasny TITLE OF BILL:
An act to amend the penal law, in relation to icicle removal
PURPOSE OR GENERAL IDEA OF BILL:
This bill works to protect all individuals and their property from
potential injury and damage caused by falling icicles during the winter,
and holds those who fail to comply with this aspect of safety responsi-
ble for. their negligence or potential to cause harm.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this law creates a new section 270.40 of the penal law
which requires every person who owns or has some collective stake in a
building or lot of ground abutting any street where the sidewalk is
paved to safely remove all icicles on the building within three days of
formation. Anyone who knowingly violates this law is subject to civil
penalties and persistent or damage causing violators may face misdemea-
nor or felony charges.
Section 2 establishes immediate effectiveness for this law.
JUSTIFICATION:
According to the Death in Society Research Foundation, around 15 people
in the US die each year due to-icicle-related incidents. The Centers for
DiseaSe Control and Prevention cites a handful of such incidents over
the last few decades, most recently in February 2010 in Follansbee,
W,Va., when a large icicle broke off a coal conveyer belt and crushed a
worker. In 2014, a jewelry shop worker was slashed in the face by a
falling icicle in New York City and another woman was injured after. an
icicle, fell on her head in Arlington Heights, Ill. Although icicle
related deaths or injuries are relatively rare, they do occur and can be
avoided by implementing such safety precautions. These safety precau-
tions are Simple and relatively low-cost to implement. Due to the
increased severity of winters and extreme weather events due to climate
change, the number of ice-and winter-related incidents will likely
increase in the future.
PRIOR LEGISLATIVE HISTORY:
2023 - 2024, A.6278, not considered
2015 - A.7097, not considered
FISCAL IMPLICATIONS:
Increased revenue for the state from levying fines.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5317
2025-2026 Regular Sessions
IN ASSEMBLY
February 13, 2025
___________
Introduced by M. of A. BROOK-KRASNY -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to icicle removal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 270.41 to
2 read as follows:
3 § 270.41 Icicle removal.
4 1. Every owner, lessee, tenant, occupant, or other person, having
5 charge of any building or lot of ground abutting upon any street where
6 the sidewalk is paved shall, within three days of the formation of
7 icicles on such building, cause those icicles overhanging entranceways,
8 exitways, and other commonly used pathways to be safely removed.
9 2. Anyone who knowingly violates any term of subdivision one of this
10 section shall constitute a civil penalty in the amount of three hundred
11 dollars for the first violation and five hundred dollars for the second
12 violation. A third and subsequent violation shall constitute a misdemea-
13 nor except that a seventh and subsequent violation or a violation lead-
14 ing to physical injury or property damage shall constitute a class E
15 felony.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09205-01-5
