Bill Text: NY A05022 | 2023-2024 | General Assembly | Amended

New York Assembly Bill 5022

Bill Title: Prohibits littering and dumping on state park lands and provides for penalties for violations.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2023-11-17 - approval memo.25 [A05022 Detail]

Download: New_York-2023-A05022-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         5022--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Tourism, Parks, Arts and Sports Development --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the parks, recreation and historic preservation law, in
          relation to prohibiting littering and dumping on state park lands

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  parks,  recreation  and historic preservation law is
     2  amended by adding a new section 13.12 to read as follows:
     3    § 13.12 Littering on park lands prohibited. 1. No person shall  throw,
     4  place,  or otherwise dispose of or cause to be thrown, placed, or other-
     5  wise disposed of upon any park lands  or  upon  private  lands  adjacent
     6  thereto,  any refuse, trash, garbage, rubbish, litter or any nauseous or
     7  offensive matter.
     8    2. Nothing in this section shall be construed as prohibiting  the  use
     9  in  a  reasonable  manner as ashes, sand, salt or other material for the
    10  purpose of reducing the hazard of, or providing traction on snow, ice or
    11  sleet.
    12    3. A violation of the provisions of subdivision one  of  this  section
    13  shall  be punishable by a fine not to exceed three hundred fifty dollars
    14  and/or a requirement to perform services at the  park  lands  where  the
    15  offense  occurred,  or,  in the discretion of the department, at another
    16  state park land location, not to exceed ten hours and for any second  or
    17  subsequent  violation  by  a  fine  not  to exceed seven hundred dollars
    18  and/or a requirement to perform services at the  park  lands  where  the
    19  offense  occurred,  or,  in the discretion of the department, at another
    20  state park land location, not to exceed fifteen hours.
    21    § 2. The section heading and subdivisions 1 and 2 of section 13.10  of
    22  the parks, recreation and historic preservation law, as added by chapter
    23  235 of the laws of 1988, are amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02811-02-3

        A. 5022--A                          2

     1    [Deposit  of  rubbish] Dumping on park lands prohibited.  1. No person
     2  shall deposit, dump, or leave on lands under  the  jurisdiction  of  the
     3  office  any  rubbish  or  other  waste material, or enter upon any lands
     4  under the jurisdiction of the office with the intent to  do  so,  except
     5  that  this  provision shall not apply to the deposit of rubbish or other
     6  waste material generated as a result of the lawful use of such lands and
     7  deposited in an approved receptacle.
     8    2. Any person who violates the provisions of subdivision one  of  this
     9  section  shall  be guilty of a violation, and, upon conviction, shall be
    10  punished by a fine of not more than [two] five hundred [fifty]  dollars.
    11  In  addition,  such  violator  shall be liable to a civil penalty of not
    12  more than [five] seven hundred fifty dollars for each day  during  which
    13  such violation continues.
    14    § 3. This act shall take effect immediately.