STATE OF NEW YORK
________________________________________________________________________
581
2009-2010 Regular Sessions
IN SENATE
January 9, 2009
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, in relation to prohibiting
the construction of wireless communication facilities within fifteen
hundred feet of school property
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 99-v to read as follows:
3 § 99-v. Construction of wireless communication facilities on or near
4 school property; prohibition. 1. For purposes of this section, the
5 following terms shall have the following meanings:
6 (a) "school property" shall mean all buildings, structures and land
7 contained within the real property boundary line of a public or private
8 elementary or secondary school.
9 (b) "wireless communication facility" shall mean an unstaffed facility
10 used in the receipt and transmission of wireless telephone service,
11 including, but not limited to, antennas, ancillary telecommunications
12 equipment and telecommunications towers and poles.
13 2. A municipal corporation or other entity having the authority to
14 issue a permit or license to authorize the placement, erection or
15 construction of a wireless communication facility shall prohibit such
16 placement, erection or construction of such facility on school property
17 or within fifteen hundred feet of school property.
18 § 2. This act shall take effect on the one hundred eightieth day after
19 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04934-01-9