OATH ECB Repeal of Certain Provisions of Sanitation Penalty Schedule
Proposed Rules: Closed to Comments
- OATH
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] |