Int 0190-2018

Be it enacted by the Council as follows: Section 1. Chapter 15 of title 17 of the administrative code of the city of New York is amended by adding a new section 17-1506 to read as follows: � 17-1506 Pilot Program for the Use of Body-Worn Cameras in Sanitary Inspections. a. Definitions. For the purposes of this section, the following terms have the following meanings: Body-worn camera. The term "body-worn camera" means a video recording device that can be attached or affixed to a person's body, apparel or clothing. Food service establishment. The term "food service establishment" has the same meaning as such term is defined in section 17-1501 of this chapter. Food service establishment inspector. The term "food service establishment inspector" has the same meaning as such term is defined in section 17-1501 of this chapter. Notice of violation. The term "notice of violation" has the same meaning as such term is defined in section 17-1501 of this chapter. Sanitary inspection. The term "sanitary inspection" has the same meaning as such term is defined in section 17-1501 of this chapter. b. The department shall establish a pilot program requiring at least 10 percent of all sanitary inspections to be conducted for one year by food service establishment inspectors who wear body-worn cameras. At least 10 percent of all sanitary inspections in each borough shall be conducted pursuant to such program. c. Prior to commencement of a sanitary inspection pursuant to such program, the food service establishment inspector shall notify the food service establishment that a body-worn camera will be used to record such inspection, and that the video footage from such inspection may be admitted by either the department or by the food service establishment in a proceeding to adjudicate the liability for an alleged violation issued as a result of such inspection. d. The department shall upload all video footage recorded during a sanitary inspection conducted pursuant to such program to a secure computer system, accessible only to the department, the health tribunal at the office of administrative trials and hearings, and the respondent who is issued a notice of violation as a result of a sanitary inspection pursuant to such program. All such notices of violation shall provide respondents with information on how to access and view such video footage. Such video footage shall be admissible in any proceeding to adjudicate the liability for an alleged violation issued as a result of a sanitary inspection pursuant to such program. A copy of all such video footage shall be retained by the department and shall be deemed a record kept in the ordinary course of business. e. Following the disposition of a proceeding to adjudicate the liability for an alleged violation issued as a result of a sanitary inspection pursuant to such program, the department shall develop and conduct a survey to offer food service establishment owners the opportunity to provide feedback on the pilot program. f. Upon completion of the pilot program, the department shall, as soon as practicable thereafter, submit to the mayor and the speaker of the council a report which shall include, but not be limited to: 1. The number of all sanitary inspections that were conducted pursuant to such program as compared to the total number of all sanitary inspections of food service establishments conducted by the department; 2. The total number of notices of violation arising from sanitary inspections conducted pursuant to such program as compared to the total number of all sanitary inspections of food service establishments conducted by the department; 3. The number of proceedings to adjudicate the liability for alleged violations issued as a result of sanitary inspections pursuant to such program in which video footage was admitted as evidence pursuant to subdivision d of this section as compared to the total number of proceedings to adjudicate the liability for alleged violations issued as a result of all sanitary inspections of food service establishments conducted by the department; 4. Results of any surveys conducted pursuant to subdivision e of this section; and 5. Recommendations by the department regarding such program, including, but not limited, to whether to implement, continue or expand such program, and any changes that should be made to such program. g. Such program shall continue to exist for one year after the enactment of this local law. �2. This local law takes effect 180 days after it becomes law except that the commissioner may take such measures as are necessary for its implementation, including the promulgation of rules, prior to its effective date. DSH - PLS LS 790-2014/Int. 260-2014 LS 582 12/19/2017 2 1