BILL NUMBER: S5555
SPONSOR: CHAN
 
TITLE OF BILL:
An act to amend the penal law, in relation to disorderly conduct
 
PURPOSE:
To enhance public safety and maintain order by updating the definition
of disorderly conduct to include public urination and defecation, smok-
ing in prohibited areas, possession of an open container of alcohol in
public, smoking marijuana in public, and disobeying signage in NYC or
State public parks. The bill also clarifies that littering falls under
the category of creating hazardous or physically offensive conditions
and includes jaywalking under the obstruction of vehicular or pedestri-
an, traffic.
 
SUMMARY OF PROVISIONS:
Section 1 amends Section 240.20 of the Penal Law to include: - Subdivi-
sion 5 is amended to explicitly include but not limit jaywalking as an
obstruction of vehicular or pedestrian traffic.
- Subdivision 7 is amended to explicitly include the following offenses:
littering, public urination and defecation, smoking any substance in a
prohibited area, possession of an open container of alcohol in a public
place, smoking marijuana in a public place and disobeying signage in a
municipal or State public park as examples of creating a hazardous or
physically offensive condition.
 
JUSTIFICATION:
Public disorderly conduct is a growing concern in New York State.
Current statutes do not adequately address certain behaviors that
contribute to public nuisance and quality-of-life issues. 1. Public
Urination and Defecation: These actions create unsanitary and offensive
conditions in public spaces, posing a health risk to residents and
-visitors.
2. Smoking in Prohibited Areas: Many areas, such as parks and transit
stations, have clear restrictions on smoking, yet enforcement remains
difficult without explicit statutory authority.
3. Open Container of Alcohol in Public: Public drinking contributes to
disorderly behavior and disturbances, increasing the burden on law
enforcement.
4. Smoldng Marijuana in Public: While marijuana is now legal in New
York, it should be prohibited in public spaces except where specifically
designated. This provision ensures that members of the public will not
be exposed to offensive secondhand smoke.
5. Disobeying Signage in Public Parks: Public parks have regulations
designed to ensure safety and enjoyment for all visitors. Violations of
posted signage undermine these efforts.
6. Littering as a Hazardous Condition: Littering negatively impacts the
environment, property values, and public health. Explicitly including
littering in subdivision 7 strengthens enforcement
7. Jaywalking as an Obstruction: Jaywalking increases pedestrian acci-
dents and traffic congestion. Adding it to subdivision 5 clarifies its
place within disorderly conduct.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
Minimal. The bill may reduce enforcement costs by providing clearer
legal authority for addressing these offenses.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after being signed into
law.

Statutes affected:
S5555: 240.20 penal law