Int. No. 97-C

By Council Members Ung, Louis, Avilés, Krishnan, Rivera, Williams, Riley, Won and Paladino

A Local Law to amend the administrative code of the city of New York, in relation to increasing the civil penalty for repeated littering violations

Be it enacted by the Council as follows:

Section 1. Paragraph a of subdivision 9 of section 16-118 of the administrative code of the city of New York, as amended by local law number 80 for the year 2021, is amended to read as follows:

a. (1) not less than [50] $50 and not more than [250 dollars] $250 for a first violation, except that the civil penalty shall be not less than [250] $250 and not more than [350 dollars] $350 for a second violation of subdivision 4 or 6 of this section within any 12 month period, and not less than [350] $350 and not more than [450 dollars] $450 for a third or subsequent violation of subdivision 4 or 6 of this section within any 12 month period;

(2) notwithstanding subparagraph (1) of paragraph a of this subdivision, [50 dollars] $50 for a first violation of paragraph (a) of subdivision 2 or of subdivision 3 of this section, or of any rules promulgated pursuant thereto, [100 dollars] $100 for a second violation of such paragraph or subdivision or of any rules promulgated pursuant thereto within any 12 month period, and [100 dollars] $100 for a third or subsequent violation of such paragraph or subdivision or of any rules promulgated pursuant thereto within any 12 month period; and

(3) notwithstanding subparagraphs (1) and (2) of paragraph a of this subdivision, where the owner, occupant, lessee, tenant, or person in charge of any commercial, manufacturing, or industrial building, including any mixed-use building, but excluding any solely residential building, has violated the provisions of paragraph (a) of subdivision 2 of this section, or of any rules promulgated thereto, such owner, occupant, lessee, tenant, or person in charge shall be liable for a civil penalty of $50 for the first violation, $300 for the second violation committed on a different day within any 12 month period, and $500 for the third and each subsequent violation committed on a different day within any 12 month period;

§ 2. The commissioner of sanitation shall design and implement a program to inform owners or managers of commercial, manufacturing, or industrial buildings, including any mixed-use buildings and those buildings which also contain residential units, but excluding any solely residential buildings, of the sidewalk and street cleanliness requirements and the related current and forthcoming penalties set forth in subdivision 9 of section 16-118 of the administrative code of the city of New York. Pursuant to such program, the commissioner of sanitation shall produce educational materials related to sidewalk and street cleanliness requirements, and the new penalties for failure to comply with such requirements. Such educational materials shall be available in the designated citywide languages as defined in section 23-1101 of the administrative code of the city of New York. The commissioner of sanitation shall implement such program no later than 120 days after the effective date of this local law and shall conduct such program for no less than 240 days thereafter.

§ 3. This local law takes effect immediately, except that section 1 of this local law takes effect 180 days after it becomes law.

Session 13

MBB

LS #10400

05/15/2024, 10:10pm

Session 12

JGP/MBB

LS #10400

12/08/2023