Bill Text: NY A05022 | 2023-2024 | General Assembly | Amended
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. LBD02811-02-3A. 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.
