OATH ECB Repeal of Certain Provisions of Sanitation Penalty Schedule

Statement of Basis and Purpose 

Local Law 75 of 2016, which takes effect on August 12, 2016, modifies the penalty amounts for violations of section 16-118(1) of the Administrative Code.  This provision prohibits littering and spitting in public places.  Section 16-118(9) (c) of the law provides for a first offense penalty of $75, a second offense penalty of not less than $250 and not more than $350 dollars and a third offense penalty of not less than $350 and not more than $450. In addition, section 16-118(11) provides that, in the event of a default, an additional penalty will be imposed not exceeding 150 percent of the penalties stated in section 16-118(9)(c), .

Because the penalties for violation of section 16-118(1) currently contained in ECB’s rules do not comply with the new law, ECB is proposing to amend its Sanitation Penalty Schedule to repeal penalties for violation of section 16-118(1).

New material is underlined.

[Deleted material is in brackets.]

Section 1. The Environmental Control Board proposes to amend its Department of Sanitation Penalty Schedule found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York by repealing the following entries: