City Unveils Rules and Regs for "Lawn LItter Law"

Frank Padavan

May 7, 2008

New York State Senator Frank Padavan (Queens) announced today that the City of New York has unveiled the proposed rules and regulations for the “Lawn Litter” Law. The legislation, authored by Padavan, was signed into law in late January and allows residents throughout the City of New York to post a sign on their property to ward off the nuisance of unwanted literature, advertisements and fliers left on their property.

 “The ‘Lawn Litter’ Law received wide support from the public along with civic and community organizations,” Padavan said. “With the unveiling of the proposed rules and regulations outlining the complaint and enforcement process, we are nearing the full implementation of the law. These rules will allow residents throughout the five boroughs to fight off the annoyance and nuisance that unwanted advertisements left on their property have become.”

 In late February, Mayor Bloomberg took the first steps toward the implementation of the law with his Executive Order designating the Department of Sanitation as the lead enforcement agency for the law. Additional proposed rules and regulations presented by the City include:

 A property owner filing a complaint must fill out a completed and sign a complaint affidavit form that is duly notarized before a notary public and submitted with the unsolicited advertisement left on the property

 A property owner may obtain a property owner complaint affidavit form through the Department of Sanitation website at www.nyc.gov/html/dsny/ or by calling the 3-1-1 action center.

 All property owner complaint affidavit form and the accompanying unsolicited advertisements must be mailed to the Director of Enforcement c/o Lawn Litter, New York City Department of Sanitation, 1824 Shore Parkway, Brooklyn New York 11214.

 Anyone submitting a property owner complaint affidavit that results in a department’s issuance of a notice of violation may be called upon to appear at a hearing by the environmental control board for the city to testify in the matter.

 An enforcement agent may issue a notice of violation based on their own observations.

The “Lawn Litter Law” mandates that all signs posted by residents must state in one inch letters “Do Not Place Unsolicited Advertising Materials On This Property.” The sign must also be at least five inches tall and seven inches wide and placed in a conspicuous location at a homeowner’s property. Additionally, the “Lawn Litter Law” imposes a civil penalty, of not less than $250 and no more than $1,000 for each violation, on businesses who do not adhere to a sign posted by a resident.

Padavan noted that residents have until June 4th to submit written comments to the office of the Deputy Commissioner for Legal Affairs, New York City Department of Sanitation, 125 Worth Street, Room 710 New York, New York 10013. A hearing on the proposed rules and regulations will take place on Wednesday June 4th from 9:30 am to 12:30 pm at 125 Worth Street, 2nd Floor Auditorium in Manhattan.