Bill Text: NY S00809 | 2023-2024 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2023-06-05 - SUBSTITUTED BY A5022A [S00809 Detail]

Download: New_York-2023-S00809-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         809--A
            Cal. No. 323

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced  by Sens. SERRANO, ADDABBO, MANNION, RIVERA -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Cultural  Affairs, Tourism, Parks and Recreation -- reported favorably
          from said committee, ordered to first and second report, ordered to  a
          third  reading,  passed  by  Senate  and  delivered  to  the Assembly,
          recalled, vote reconsidered, restored to third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02811-03-3

        S. 809--A                           2

     1    § 2. The section heading and subdivisions 1 and 2 of section 13.10  of
     2  the parks, recreation and historic preservation law, as added by chapter
     3  235 of the laws of 1988, are amended to read as follows:
     4    [Deposit  of  rubbish] Dumping on park lands prohibited.  1. No person
     5  shall deposit, dump, or leave on lands under  the  jurisdiction  of  the
     6  office  any  rubbish  or  other  waste material, or enter upon any lands
     7  under the jurisdiction of the office with the intent to  do  so,  except
     8  that  this  provision shall not apply to the deposit of rubbish or other
     9  waste material generated as a result of the lawful use of such lands and
    10  deposited in an approved receptacle.
    11    2. Any person who violates the provisions of subdivision one  of  this
    12  section  shall  be guilty of a violation, and, upon conviction, shall be
    13  punished by a fine of not more than [two] five hundred [fifty]  dollars.
    14  In  addition,  such  violator  shall be liable to a civil penalty of not
    15  more than [five] seven hundred fifty dollars for each day  during  which
    16  such violation continues.
    17    § 3. This act shall take effect immediately.
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