OATH ECB Repeal of Certain Provisions of Sanitation Penalty Schedule

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, September 6, 2016

 

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).

ECB’s authority for these rules is found in Chapter 4-E of Title 16 of the Administrative Code of the City of New York and Sections 1043(a) and 1049-a  of the New York City Charter.

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:

 

Section/Rule

Description

Offense

Penalty

Default

[16 -118(1)**

Littering

1st

$100

$450]

[16 -118(1)**

Littering

2nd

$250

$450]

[16 -118(1)**

Littering

3rd

$350

$450]

[16 -118(1)**

Sweep Out

1st

$100

$450]

[16 -118(1)**

Sweep Out

2nd

$250

$450]

[16 -118(1)**

Sweep Out

3rd

$350

$450]

[16 -118(1)**

Throw Out

1st

$100

$450]

[16 -118(1)**

Throw Out

2nd

$250

$450]

[16 -118(1)**

Throw Out

3rd

$350

$450]


Public Hearing
Subject: 

OATH ECB Repeal of Certain Provisions of the Sanitation Penalty Schedule.

Public Hearing Date: 
Tuesday, September 6, 2016 -
10:00am to 11:30am
Contact: 

Elizabeth Nolan, (212) 436-0708

Location: 
OATH ECB 10th Floor Conference Room
66 John Street 10th Floor
New York, NY 10038