BILL NUMBER: S4212

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the general business law, in relation to enacting the
"lawn litter law act"

 
PURPOSE:

To remove the necessity of lawn litter being placed on two or more prem-
ises to constitute a violation of this section.

 
SUMMARY OF PROVISIONS:

Section I titles the bill as the "Lawn Litter Act."

Section II amends subdivision 3 of section 397-a of the general business
law to provide that each violation of section 397-a of the general busi-
ness law shall be returnable to the environmental control board and a
civil penalty of not less than $250 nor more than $1,000 shall be
              

imposed for each violation. Any civil penalties collected shall be paid
into the general fund of the City. In addition, any person who has mate-
rial placed on his or her property on three separate occasions by the
same person may bring an action in a court competent jurisdiction to
enjoin such practice, an action for damages or $500 whichever is great-
er, or both.

Section III sets forth the effective date.

 
JUSTIFICATION:

New York City residents are being deluged with unwanted advertisement
and solicitations callously dumped on their doorsteps, in their lobbies
and in their vestibules, despite signs that they don't want these items
placed on their property, residents continue to be inundated. This bill
will make the owners and managers of restaurants and other commercial
establishments liable for dumping menus and advertising fliers on
private property. The bill will also go a long way in making small busi-
nesses more responsive to community concerns.

As has been noted in many urban studies, quality of life issues such as
neighborhood cleanliness are important for neighborhood stability which
in turn keep communities safer, promote community pride and prevent
future crime and urban deterioration.

 
LEGISLATIVE HISTORY:

Introduced in a previous legislative session.

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.