Int. No. 17
By Council Members Vallone, Wooten, Leffler, Duane, Eisland, Henry, Faila, Fusco and Stabile (in conjunction with the Mayor); also Council Members DiBrienza, Foster, Lasher, McCaffrey, Michels, O'Donovan, Provenzano, Robles, Warden and Abel.
A Local Law to amend the administrative code of the city of New York, in relation to possession of box cutters in a public place
Be it enacted by the Council as follows:
Section 1. The title of section 10-134.1 of the administrative code of the city of New York, as added by local law number 80 for the year 1995, is amended to read as follows:
§10-134.1 Prohibition on sale of box cutters to [minors] persons under twenty-two years of age, open displays of box cutters by sellers, and possession of box cutters in a public place or on school premises by persons under twenty-two years of age.
§2. Paragraph 3 of subdivision b of section 10-134.1 of the administrative code of the city of New York, as added by local law number 80 for the year 1995, is renumbered paragraph 4, and a new paragraph 3 is added to read as follows:
(3) Public place means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any hallway, lobby and other portion of an apartment house or hotel not constituting a room or apartment designed for actual residence.
§3. Subdivision c of section 10.134.1 of the administrative code of the city of New York, as added by local law number 80 for the year 1995, is amended to read as follows:
c. It shall be unlawful for any person to sell or offer to sell or cause any person to sell or offer to sell a box cutter to any individual under [eighteen] twenty-two years of age.
§4. Subdivision e of section 10-134.1 of the administrative code of the city of New York, as added by local law number 80 for the year 1995, is amended to read as follows:
e. It shall be unlawful for any person under twenty-two years of age to possess a box cutter while in a public place or on school premises; provided, however, that [nothing in this subdivision shall preclude the temporary transfer] it is an affirmative defense that a box cutter has been temporarily transferred on school premises [of such an instrument] to a person under twenty-two years of age for a valid recreational, instructional, or school-related purpose where such device is used only under the supervision of a school staff person[; and provided further that nothing in this subdivision shall preclude] or other authorized instructor, or that the possession or use of such an instrument in a public place or on school premises by any person under twenty-two years of age [so long as] occurs under circumstances in which such person is [performing work on such premises] possessing or using such instrument during the course of his or her employment, and such instrument is used only under the supervision of his or her employer or such employer s agent or a school staff person.
§5. This local law shall take effect 60 days after its enactment into law.