Senate Bill S809A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  809--A
     Cal. No. 323
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section  1.  The  parks,  recreation  and historic preservation law is
 amended by adding a new section 13.12 to read as follows:
   § 13.12 LITTERING ON PARK LANDS PROHIBITED. 1. NO PERSON SHALL  THROW,
 PLACE,  OR OTHERWISE DISPOSE OF OR CAUSE TO BE THROWN, PLACED, OR OTHER-
 WISE DISPOSED OF UPON ANY PARK LANDS  OR  UPON  PRIVATE  LANDS  ADJACENT
 THERETO,  ANY REFUSE, TRASH, GARBAGE, RUBBISH, LITTER OR ANY NAUSEOUS OR
 OFFENSIVE MATTER.
   2. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING  THE  USE
 IN  A  REASONABLE  MANNER AS ASHES, SAND, SALT OR OTHER MATERIAL FOR THE
 PURPOSE OF REDUCING THE HAZARD OF, OR PROVIDING TRACTION ON SNOW, ICE OR
 SLEET.
   3. A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE  OF  THIS  SECTION
 SHALL  BE PUNISHABLE BY A FINE NOT TO EXCEED THREE HUNDRED FIFTY DOLLARS
 AND/OR A REQUIREMENT TO PERFORM SERVICES AT THE  PARK  LANDS  WHERE  THE
 OFFENSE  OCCURRED,  OR,  IN THE DISCRETION OF THE DEPARTMENT, AT ANOTHER
 STATE PARK LAND LOCATION, NOT TO EXCEED TEN HOURS AND FOR ANY SECOND  OR
 SUBSEQUENT  VIOLATION  BY  A  FINE  NOT  TO EXCEED SEVEN HUNDRED DOLLARS
 AND/OR A REQUIREMENT TO PERFORM SERVICES AT THE  PARK  LANDS  WHERE  THE
 OFFENSE  OCCURRED,  OR,  IN THE DISCRETION OF THE DEPARTMENT, AT ANOTHER
 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
 
   § 2. The section heading and subdivisions 1 and 2 of section 13.10  of
 the parks, recreation and historic preservation law, as added by chapter
 235 of the laws of 1988, are amended to read as follows:
   [Deposit  of  rubbish] DUMPING ON PARK LANDS PROHIBITED.  1. No person
 shall deposit, DUMP, or leave on lands under  the  jurisdiction  of  the
 office  any  rubbish  or  other  waste material, or enter upon any lands
 under the jurisdiction of the office with the intent to  do  so,  except
 that  this  provision shall not apply to the deposit of rubbish or other
 waste material generated as a result of the lawful use of such lands and
 deposited in an approved receptacle.
   2. Any person who violates the provisions of subdivision one  of  this
 section  shall  be guilty of a violation, and, upon conviction, shall be
 punished by a fine of not more than [two] FIVE hundred [fifty]  dollars.
 In  addition,  such  violator  shall be liable to a civil penalty of not
 more than [five] SEVEN hundred FIFTY dollars for each day  during  which
 such violation continues.
   § 3. This act shall take effect immediately.