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New York Railroad Law Section 52-e - Penalties For Littering.

Legal Research Home > New York Lawyer > Railroad > New York Railroad Law Section 52-e - Penalties For Littering.

    § 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.

Last modified: August 27, 2006