N.Y. ADC. LAW § 16-118 : NY Code - Section 16-118: Littering prohibited

Search N.Y. ADC. LAW § 16-118 : NY Code - Section 16-118: Littering prohibited

1. No person shall litter, sweep, throw
  or  cast,  or  direct, suffer or permit any servant, agent, employee, or
  other person under his or her control, to litter, sweep, throw  or  cast
  any  ashes, garbage, paper, dust or other rubbish and refuse of any kind
  whatsoever, in or upon any street  or  public  place,  vacant  lot,  air
  shaft, areaway, backyard court or alley.
    2.  (a)  Every  owner, lessee, tenant, occupant or person in charge of
  any building or premises shall keep and cause to be kept  the  sidewalk,
  flagging  and  curbstone  abutting  said  building or premises free from
  obstruction and nuisances of every kind, and shall keep said  sidewalks,
  flagging,  curbstones,  and  air shafts, areaways, backyards, courts and
  alleys free from garbage, refuse,  rubbish,  litter,  debris  and  other
  offensive  material.  Such  persons  shall  also remove garbage, refuse,
  rubbish,  litter,  debris  and  other  offensive  material  between  the
  curbstone  abutting  the  building  or  premises  and  the  roadway area
  extending one and one-half feet from the curbstone into  the  street  on
  which  the  building or premises front. Such persons shall not, however,
  be responsible for cleaning the garbage, refuse, rubbish, litter, debris
  and other offensive material which accumulates at catch  basins  located
  within  the  one  and one-half foot distance from the curbstone into the
  street.
    (b) Every owner, lessee, tenant or person in charge of any vacant  lot
  shall  keep  and  cause  to be kept the sidewalk, flagging and curbstone
  abutting said vacant lot free from obstruction and  nuisances  of  every
  kind,  and  shall keep said sidewalks, flagging and curbstones free from
  garbage, refuse, rubbish, litter, debris and other  offensive  material.
  Every  owner, lessee, tenant or person in charge of any vacant lot shall
  keep and cause to be kept said vacant lot  free  from  garbage,  refuse,
  rubbish, litter, debris and other offensive material. Such persons shall
  also remove garbage, refuse, rubbish, litter, debris and other offensive
  material  between  the curbstone abutting the vacant lot and the roadway
  area extending one and one-half feet from the curbstone into the  street
  on  which  the  vacant  lot  fronts. Such persons shall not, however, be
  responsible for cleaning the garbage, refuse,  rubbish,  litter,  debris
  and  other  offensive material which accumulates at catch basins located
  within the one and one-half foot distance from the  curbstone  into  the
  street.
    3.  No  lime,  ashes,  coal, dry sand, hair, waste paper, feathers, or
  other substance that is in a similar manner liable to be  blown  by  the
  wind,  shall be sieved, agitated, or exposed, nor shall any mat, carpet,
  or cloth be shaken or  beaten,  nor  shall  any  cloth,  yarn,  garment,
  material or substance be scoured or cleaned, nor shall any rags, damaged
  merchandise,  barrels, boxes, or broken bales of merchandise or goods be
  placed, kept, or exposed in any place where they or particles  therefrom
  will  pass  into  any  street  or  public  place,  or  into any occupied
  premises, nor shall any usual or any reasonable precautions  be  omitted
  by any person to prevent fragments or any substances from falling to the
  detriment  or  peril of life or health, or dust or light material flying
  into any street, place, or building,  from  any  building  or  erection,
  while  the  same is being altered, repaired or demolished, or otherwise.
  In demolishing any building or part thereof, the material to be  removed
  shall be properly wet in order to lay dust incident to its removal.
    4. No one, being the owner, or in charge or in control of any vehicle,
  or  of  any  receptacle,  shall  litter,  drop or spill, or permit to be
  littered, dropped or spilled any dirt, sand, gravel, clay,  loam,  stone
  or  building rubbish, hay, straw, oats, sawdust, shavings or other light
  materials of any sort,  or  manufacturing,  trade  or  household  waste,

  refuse, rubbish of any sort, or ashes, manure, garbage, or other organic
  refuse or other offensive matter, in or upon any street or public place.
    5. No person shall throw, cast or distribute, or cause or permit to be
  thrown,  cast  or  distributed,  any  handbill, circular, card, booklet,
  placard or other advertising matter whatsoever, in or upon any street or
  public place, or in a front yard or courtyard, or on any  stoop,  or  in
  the  vestibule  of any hall in any building, or in a letter box therein;
  provided that nothing herein contained shall be deemed  to  prohibit  or
  otherwise  regulate the delivery of any such matter by the United States
  postal service,  or  prohibit  the  distribution  of  sample  copies  of
  newspapers  regularly  sold  by the copy or by annual subscription. This
  section is not intended to prevent the lawful distribution  of  anything
  other than commercial and business advertising matter.
    6.  No swill, brine, offensive animal matter, noxious liquid, or other
  filthy matter of any kind, shall be allowed by any person to  fall  upon
  or run into any street, or public place, or be taken to or put therein.
    7.  (a)  No person shall prevent or interfere with any employee of the
  department in the sweeping or cleaning of any street, in the removal  of
  snow  or  ice,  or  in  the collection or removal of any amount of solid
  waste or recyclable materials.
    (b)(1) Except for an authorized employee or agent of  the  department,
  it  shall  be unlawful for any person to disturb, remove or transport by
  motor vehicle any amount of recyclable materials that have  been  placed
  by  owners,  tenants  or  occupants  of  residential  premises, premises
  occupied by city agencies or institutions, or vacant lots, or  by  their
  servants,  within the stoop area, adjacent to the curb line or otherwise
  within or adjacent to such premises or lots for collection or removal by
  the department  unless  requested  by  the  owner  of  such  residential
  premises  or  vacant  lot  or  his  or  her  agent,  and such request is
  evidenced by a notarized written agreement that: (i) has been signed  by
  such  person  and  such  owner  or  agent;  (ii) has been filed with the
  commissioner and bears a file stamp  indicating  that  it  has  been  so
  filed; and (iii) includes the names of the parties to the agreement, the
  names  and  titles  of  all  signatories  to the agreement, the taxpayer
  identification  number,  including  individual  taxpayer  identification
  number  or employer identification number but not social security number
  of each such party, the  agreed  price  terms,  if  any,  the  estimated
  quantity  of recyclable materials to be removed, the agreed removal days
  and times, if  any,  the  duration  of  the  agreement,  and  any  other
  information  required  by  the  commissioner by rule. The requirement to
  enter into and file such written agreement pursuant to this  subdivision
  shall not apply to one, two or three-family residential premises.
    (2) In addition, on or before February first and August first of every
  year,  every  person engaged in the removal of recyclable materials from
  residential premises or vacant lots  pursuant  to  a  written  agreement
  shall submit to the commissioner a report identifying the weight of each
  type of recyclable material removed by such person during the periods of
  July first to December thirty-first and January first to June thirtieth,
  respectively.  It  shall  be unlawful for any person to fail to submit a
  report in accordance with  this  subparagraph  or  to  submit  a  report
  containing false or deceptive information.
    (3)  Except  for an authorized employee or agent of the department, it
  shall be unlawful for any person to  disturb,  remove  or  transport  by
  motor  vehicle any amount of solid waste that has been placed by owners,
  tenants or occupants of residential premises, premises occupied by  city
  agencies  or  institutions, or vacant lots, or by their servants, within
  the stoop area, adjacent  to  the  curb  line  or  otherwise  within  or

  adjacent  to  such  premises  or  lots  for collection or removal by the
  department.
    (c)  Except  for  an  authorized  employee of an entity licensed by or
  registered with the business integrity commission, it shall be  unlawful
  for  any  person  to  disturb,  remove or transport by motor vehicle any
  amount of recyclable materials that have been placed by owners,  tenants
  or  occupants  of commercial premises within the stoop area, adjacent to
  the curb line or otherwise within  or  adjacent  to  such  premises  for
  collection  or  removal  by an entity licensed by or registered with the
  business integrity commission.  It  shall  be  presumed  that  a  person
  operating  a  motor  vehicle  without  plates  issued  by  the  business
  integrity commission is not an authorized employee of an entity licensed
  by or registered with the business integrity commission.
    (d) No person, other than a not-for-profit corporation, shall  receive
  recyclable  materials  for  storage,  collection  or processing from any
  person other than an authorized employee or agent of the department,  an
  authorized  employee  of  an  entity  licensed by or registered with the
  business integrity commission, a not-for-profit corporation or a  person
  who has entered into a written agreement pursuant to subparagraph one of
  paragraph b of this subdivision. It shall be an affirmative defense that
  all  such  recyclable  materials were generated or collected outside the
  city of New York. This paragraph shall not apply to a redemption center,
  dealer or distributor as defined in section 27-1003 of the environmental
  conservation law.
    (e) Any person who violates subparagraph one of paragraph  b  of  this
  subdivision  while  using or operating a motor vehicle or paragraph d of
  this subdivision shall be punished for each violation by a criminal fine
  of not less than one thousand dollars nor more than two thousand dollars
  for each such violation or by imprisonment not to exceed ninety days, or
  both.
    (f)(1)(i) Any person who violates subparagraph one of paragraph  b  or
  paragraph c of this subdivision while using or operating a motor vehicle
  shall  be  liable  for  a  civil penalty of two thousand dollars for the
  first offense and five thousand  dollars  for  each  subsequent  offense
  within  a  twelve-month  period.  In addition, every owner of such motor
  vehicle shall be liable for a civil penalty of two thousand dollars  for
  the  first  offense  and five thousand dollars if, within a twelve-month
  period, a motor vehicle owned by such person was used  in  violation  of
  subparagraph  one of paragraph b or paragraph c of this subdivision. The
  owner of a motor vehicle  used  in  violation  of  subparagraph  one  of
  paragraph  b  or paragraph c of this subdivision shall not be liable for
  any civil penalty if such owner establishes that the motor  vehicle  was
  used  without  such  owner's  permission.  For the purpose of imposing a
  civil penalty pursuant to this clause, every premises or lot from  which
  recyclable  materials have been removed unlawfully shall be deemed to be
  the subject of a separate violation for which a separate  civil  penalty
  may be imposed;
    (ii)  Any person who violates paragraph d of this subdivision shall be
  liable for a civil penalty of two thousand dollars for the first offense
  and  five  thousand  dollars  for  each  subsequent  offense  within   a
  twelve-month  period.  For  the  purpose  of  imposing  a  civil penalty
  pursuant to this clause,  every  motor  vehicle  from  which  recyclable
  materials  have been delivered for receipt unlawfully shall be deemed to
  be the subject of a  separate  violation  for  which  a  separate  civil
  penalty may be imposed; and
    (iii)  Any person who violates subparagraph two of paragraph b of this
  subdivision by failing to submit a report  or  by  submitting  a  report
  containing  false  or  deceptive information shall be liable for a civil

  penalty of two thousand dollars for the first offense and five  thousand
  dollars for each subsequent offense within a twelve-month period.
    (2) As used in this subdivision:
    (i)  the  term  "motor  vehicle"  shall mean every vehicle operated or
  driven upon a public highway which is propelled by any power other  than
  muscular power;
    (ii) the term "not-for-profit corporation" shall mean a corporation as
  defined  in subparagraph five or seven of subdivision (a) of section one
  hundred two of the New York not-for-profit corporation law;
    (iii) the term "operator" shall mean any person who operates or drives
  or is in actual physical control of a motor vehicle;
    (iv) the term "owner" shall mean a person, other  than  a  lienholder,
  having  the property in or title to a motor vehicle. The term includes a
  person entitled to the use and possession of a motor vehicle subject  to
  a  security  interest  in another person and also includes any lessee or
  bailee of a motor vehicle having the  exclusive  use  thereof,  under  a
  lease or otherwise, for a period greater than thirty days;
    (v)  the  term  "person"  shall  mean  any  natural person or business
  entity, but shall not include any authorized employee  of  a  government
  agency;
    (vi)  the  term "recyclable materials" shall mean recyclable materials
  designated by the commissioner by rule  pursuant  to  chapter  three  of
  title sixteen of this code; and
    (vii)  the  term  "solid  waste"  shall mean solid waste as defined in
  subdivision n of section 16-303 of this code.
    (g)(1) Any motor vehicle that has been used or is being used to commit
  a violation of subparagraph one of paragraph b or paragraph  c  of  this
  subdivision  shall  be  impounded  by  the  department  and shall not be
  released until either all storage fees  and  the  applicable  fines  and
  penalties  have  been  paid  or  a  bond  has  been  posted in an amount
  satisfactory to the commissioner. Rules of the department related to the
  impoundment and release of motor  vehicles  in  chapter  five  of  title
  sixteen  of the rules of the city of New York shall be applicable to the
  impoundment and release of motor vehicles pursuant  to  this  paragraph.
  The  commissioner  shall  have  the  power  to  promulgate amended rules
  concerning the impoundment and release of motor vehicles and the payment
  of storage fees for such motor vehicles, including the amounts and rates
  thereof. Where it is determined that the motor vehicle was not  used  to
  commit  a violation of subparagraph one of paragraph b or paragraph c of
  this subdivision, such fees shall be promptly returned.
    (2) In addition to any other penalties provided in  this  subdivision,
  the  interest  of an owner as defined in clause (iv) of subparagraph two
  of paragraph f of  this  subdivision  in  any  motor  vehicle  impounded
  pursuant  to  subparagraph  one  of  this  paragraph shall be subject to
  forfeiture upon notice and judicial determination thereof if such  owner
  has  been  convicted  of  or  found  liable  for  a  violation  of  this
  subdivision in a criminal or civil proceeding or in a proceeding  before
  the  environmental  control  board  three  or  more  times, all of which
  violations were committed within an eighteen-month period.
    (3) Except as otherwise provided in this subparagraph, the city agency
  having custody of a  motor  vehicle,  after  judicial  determination  of
  forfeiture,  shall  no  sooner than thirty days after such determination
  upon a notice of at least five days, sell such forfeited  motor  vehicle
  at  public  sale.  Any  person,  other  than  an owner whose interest is
  forfeited pursuant to this section, who establishes a right of ownership
  in a motor vehicle, including a part  ownership  or  security  interest,
  shall be entitled to delivery of the motor vehicle if such person:

    (i)  redeems the ownership interest which was subject to forfeiture by
  payment to the city of the value thereof; and
    (ii)  pays  the  reasonable  expenses  of the safekeeping of the motor
  vehicle between the time of seizure and such redemption; and
    (iii) asserts a claim within thirty days after judicial  determination
  of  forfeiture.  Notwithstanding the foregoing provisions, establishment
  of a claim shall not entitle such person to delivery of the  vehicle  if
  the  city establishes that the violation for which the motor vehicle was
  seized was expressly or impliedly permitted by such person.
    8. Except for any violation of subparagraph  one  of  paragraph  b  or
  paragraph  c  of  subdivision seven of this section by a person using or
  operating a motor vehicle, or  any  violation  of  subparagraph  two  of
  paragraph  b  of  subdivision seven of this section, or any violation of
  paragraph d of subdivision seven of this section, the violation  of  any
  provision  of  this  section shall constitute an offense punishable by a
  fine of not less than fifty dollars nor  more  than  two  hundred  fifty
  dollars, or by imprisonment not to exceed ten days or both.
    9.  Except  for  any  violation  of subparagraph one of paragraph b or
  paragraph c of subdivision seven of this section by a  person  using  or
  operating  a  motor  vehicle,  or  any  violation of subparagraph two of
  paragraph b of subdivision seven of this section, or  any  violation  of
  paragraph  d  of subdivision seven of this section, any person violating
  the provisions of this section shall be liable for a  civil  penalty  of
  not  less  than  fifty  dollars nor more than two hundred fifty dollars,
  except that for a second violation of subdivision one, three,  four,  or
  six of this section within any twelve-month period, such person shall be
  liable  for  a  civil penalty of not less than two hundred fifty dollars
  nor more than three hundred fifty dollars and for a third or  subsequent
  violation  of subdivision one, three, four or six of this section within
  any twelve-month period such person shall be liable for a civil  penalty
  of  not less than three hundred fifty dollars nor more than four hundred
  fifty dollars.
    10. In the instance where the notice of violation,  appearance  ticket
  or  summons  is  issued for breach of the provisions of this section and
  sets  forth  thereon  civil  penalties  only,  such  process  shall   be
  returnable  to  the  environmental  control  board, which shall have the
  power to impose the civil penalties hereinabove provided in  subdivision
  nine of this section.
    11.  In  the  event  that  a  violator  fails to answer such notice of
  violation,  appearance  ticket  or  summons  within  the  time  provided
  therefor  by  the  rules  and  regulations  of the environmental control
  board, he or she shall  become  liable  for  additional  penalties.  The
  additional  penalties  shall  not  exceed four hundred fifty dollars for
  each violation.