STATE OF NEW YORK
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592
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
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Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Judiciary
AN ACT to amend the general obligations law, in relation to protecting
pedestrians from open cellar doors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general obligations law is amended by adding a new
2 section 9-107 to read as follows:
3 § 9-107. Duty to warn against and guard from open cellar doors; prop-
4 erty occupants' duties. 1. Every owner, lessee, tenant, occupant, or
5 other person, having charge of any building abutting any street where
6 the sidewalk is paved, shall have a duty to warn against and guard
7 pedestrians from an open cellar door or grate located in or on such
8 sidewalk. Adequate safeguards may include, but shall not be limited to,
9 a barrier of traffic cones around the opening.
10 2. Any person violating the provisions of subdivision one of this
11 section shall be liable and responsible for a civil penalty of not less
12 than one hundred dollars nor more than one hundred fifty dollars for the
13 first violation, except that for a second violation of subdivision one
14 within any twelve-month period such person shall be liable for a civil
15 penalty of not less than one hundred fifty dollars nor more than two
16 hundred fifty dollars and for a third or subsequent violation of subdi-
17 vision one within any twelve-month period such person shall be liable
18 for a civil penalty of not less than two hundred fifty dollars nor more
19 than three hundred fifty dollars.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04777-01-9
