§ 52-e. Penalties for littering. 1. No person shall throw, dump, or
cause to be thrown, dumped, deposited or placed upon any railroad or
subway tracks, or within the limits of the right of way of any railroad
or subway, any refuse, trash, garbage, rubbish, litter or any nauseous
or offensive matter. For purposes of this section, the term "subway"
shall mean all rail rapid transit systems operated by the New York city
transit authority including but not limited to track and track beds,
passenger stations, tunnels, elevated structures, yards, depots and
shops.

2. Where a highway or road lies in whole or part within a railroad
right of way, nothing in this section shall be construed as prohibiting
the use in a reasonable manner of ashes, sand, salt or other material
for the purpose of reducing the hazard of, or providing traction on
snow, ice or sleet situated on such highway or road.

3. A violation of the provisions of subdivision one of this section
shall be punishable by a fine not to exceed two hundred fifty dollars
and/or a requirement to perform services for a public or not-for-profit
corporation, association, institution or agency not to exceed eight
hours and for any second or subsequent violation by a fine not to exceed
five hundred dollars and/or a requirement to perform services for a
public or not-for-profit corporation, association, institution or agency
not to exceed eight hours.

4. Fines collected pursuant to subdivision three of this section on
subway tracks or subway rights-of-way shall be deposited to the credit
of the New York subway littering prevention fund established pursuant to
section ninety-seven-uuu of the state finance law, and shall be used by
the New York city transit authority to post signs notifying the public
of the maximum fine for a violation of subdivision one of this section.