Int 0721-2008

Be it enacted by the Council as follows: Section 1. Legislative Findings. New York City is unique for the number of tall buildings and internationally recognized landmarks concentrated within city limits. This fact draws visitors from around the world, many of whom come to tour and admire these structures. However, an increase in the popularity of BASE (building, antenna, span, earth) jumping in the past several years has also lured BASE jumping enthusiasts to the City seeking publicity or fame from climbing the exterior of, or jumping or suspending themselves from, recognized landmarks. Currently, the City is unable to effectively prevent and/or penalize these individuals. The Council finds that reasonable prohibitions must be instituted against such climbing, jumping and suspending of oneself to protect the safety of such persons, as well as bystanders, to deter this dangerous behavior and to preserve the integrity of New York’s landmark structures. §2. Chapter one of title ten of the administrative code of the city of New York is amended by adding a new section 10-167 to read as follows: § 10-167 Climbing, jumping or suspending of oneself from structures prohibited. a. For purposes of this section, the term “structure” shall mean any building, monument, statue, crane, bridge, sign, tower or other object, or any combination thereof, exceeding fifty feet in height. b. It shall be unlawful to: (i) jump or attempt to jump from a structure, or (ii) climb or attempt to climb up, down or around the exterior of a structure, or suspend or attempt to suspend oneself from the exterior of a structure or on a device attached to one or more structures, unless permission has been granted to climb or suspend oneself from the structure by the owner of the structure for the sole purpose of performing construction or maintenance. c. This section shall not apply to a structure the primary purpose of which is recreational or instructional climbing or jumping, provided that permission is granted for such activity by the owner of such structure. d. Any person who violates the provisions of subdivision b of this section shall be guilty of a class A misdemeanor, punishable by up to one year in jail or a fine of up to one thousand dollars or both. §3. This local law shall take effect ninety days after it shall have been enacted into law, except that prior to such effective date the police commissioner may promulgate rules or take any other action necessary for the implementation of this local law. LS#2453 RCC August 6, 2008 5:22 pm