Bill Text: NY A08527 | 2023-2024 | General Assembly | Introduced

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Bill Title: Clarifies what littering on state park lands includes; exempts the use of ash, sand and salt for the purpose of reducing hazards on roads caused by snow and ice.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-02-07 - signed chap.37 [A08527 Detail]

Download: New_York-2023-A08527-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8527

                   IN ASSEMBLY

                                     January 5, 2024
                                       ___________

        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Tourism, Parks, Arts and Sports Development

        AN ACT to amend the parks, recreation and historic preservation law,  in
          relation  to  littering and dumping on state park lands; and to repeal
          certain provisions of such law relating thereto

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

     1    Section 1. Section 13.12 of the parks, recreation and historic preser-
     2  vation  law,  as  added  by  a  chapter of the laws of 2023 amending the
     3  parks, recreation and historic preservation law relating to  prohibiting
     4  littering  and  dumping  on state park lands, as proposed in legislature
     5  bills numbers S. 809-A and A. 5022-A, is REPEALED.
     6    § 2. Section 13.10 of the parks, recreation and historic  preservation
     7  law,  the section heading and subdivisions 1 and 2 as amended by a chap-
     8  ter of the laws of 2023 amending  the  parks,  recreation  and  historic
     9  preservation  law relating to prohibiting littering and dumping on state
    10  park lands, as proposed in legislative bills numbers  S.  809-A  and  A.
    11  5022-A,  subdivisions  3  and  4  as added by chapter 235 of the laws of
    12  1988, is amended to read as follows:
    13    § 13.10. [Dumping] Littering and dumping on park lands prohibited.  1.
    14  No person shall throw, deposit, dump, litter or otherwise leave on lands
    15  under the jurisdiction of the office any rubbish, trash or  other  waste
    16  material,  or  enter upon any lands under the jurisdiction of the office
    17  with the intent to do so, except that this provision shall not apply  to
    18  the  deposit  of  rubbish,  trash or other waste material generated as a
    19  result of the lawful use of such lands  and  deposited  in  an  approved
    20  receptacle.
    21    2.  Nothing  in  this  section  shall  be construed as prohibiting the
    22  reasonable use of ash, sand, salt or other material for the  purpose  of
    23  reducing the hazard of, or providing traction on snow, ice or sleet.
    24    3.  Any  person who violates the provisions of subdivision one of this
    25  section shall be guilty of a violation, and, upon conviction,  shall  be
    26  punished  by  a fine of not more than five hundred dollars. In addition,
    27  such violator shall be liable to a civil penalty of not more than  seven

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02811-04-4
        A. 8527                             2

     1  hundred  fifty  dollars for each day during which such violation contin-
     2  ues.
     3    [3.]  4.  In  addition to the penalties provided in subdivision two of
     4  this section, any person convicted of a violation of subdivision one  of
     5  this section may be ordered by the court to remove the rubbish, trash or
     6  waste materials and to restore the land affected by the violation to its
     7  condition  prior to the violation, insofar as such restoration is possi-
     8  ble. Such restoration shall be conducted pursuant to a plan approved  by
     9  the  commissioner and/or the court. In the event that the violator fails
    10  to comply with the provisions of such plan, the violator shall be liable
    11  to the state for the costs of such restoration as a civil penalty.
    12    [4.] 5. Any civil penalty provided for by this section shall be recov-
    13  erable in an action instituted by the attorney general, at  the  request
    14  of the commissioner, in any court of competent jurisdiction.
    15    §  3.  This  act  shall  take  effect on the same date and in the same
    16  manner as a chapter of the laws of 2023 amending the  parks,  recreation
    17  and  historic  preservation  law  relating  to prohibiting littering and
    18  dumping on state park lands, as proposed in legislative bills numbers S.
    19  809-A and A. 5022-A, takes effect.