2006 New York Code - Littering Prohibited.



 
    § 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 of sanitation in the sweeping or cleaning of any street or in the removal of sweepings, ashes, garbage, rubbish, snow, ice, or other refuse material. (b) No person, other than an authorized employee or agent of the department shall disturb or remove any ashes, garbage or light refuse or rubbish placed by householders, or their tenants, or by occupants or their servants, within the stoop or area line, or in front of houses or lots, for removal, unless requested by residents of such houses. 8. 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. 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.

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