STATE OF NEW YORK
________________________________________________________________________
4360
2019-2020 Regular Sessions
IN SENATE
March 11, 2019
___________
Introduced by Sen. SEWARD -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the penal law, in
relation to the improper disposal of bodily fluids
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1220 of the vehicle and traffic law, subdivision
2 (b-1) as added by chapter 366 of the laws of 1978 and subdivision (c) as
3 amended by chapter 418 of the laws of 2007, is amended to read as
4 follows:
5 § 1220. Throwing refuse on highways and adjacent lands prohibited. (a)
6 (i) No person shall throw, dump, deposit or place, or cause to be
7 thrown, dumped, deposited or placed upon any highway, or within the
8 limits of the right of way of such highway, or upon private lands adja-
9 cent thereto, any refuse, trash, garbage, rubbish, litter or any nause-
10 ous or offensive matter.
11 (ii) A violation of the provisions of this subdivision shall be
12 punishable by a fine not to exceed three hundred fifty dollars and/or a
13 requirement to perform services for a public or not-for-profit corpo-
14 ration, association, institution or agency not to exceed ten hours and
15 for any second or subsequent violation by a fine not to exceed seven
16 hundred dollars and/or a requirement to perform services for a public or
17 not-for-profit corporation, association, institution or agency not to
18 exceed fifteen hours.
19 (b) (i) No person shall throw, dump, deposit or place, or cause to be
20 thrown, dumped, deposited or placed upon any highway, or within the
21 limits of the right of way of such highway, or upon private lands adja-
22 cent thereto, any container containing bodily fluids.
23 (ii) A violation of the provisions of this subdivision shall be
24 punishable by:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06696-03-9
S. 4360 2
1 (A) imprisonment of not more than nine months and/or a fine not to
2 exceed one thousand dollars; or
3 (B) a requirement to perform services for a public or not-for-profit
4 corporation, association, institution or agency not to exceed forty
5 hours shall be spent cleaning litter debris from public roads, parks and
6 other public areas or facilities.
7 (c) Nothing herein contained shall be construed as prohibiting the use
8 in a reasonable manner of ashes, sand, salt or other material for the
9 purpose of reducing the hazard of, or providing traction on snow, ice or
10 sleet.
11 [(b-1)] (d) Nothing herein contained shall be construed as prohibiting
12 the use of any highway or private lands adjacent thereto for the trans-
13 port or transit of agricultural trucks, machines or implements or dairy
14 or domestic animals or agricultural stock with any accompanying reason-
15 able or unavoidable deposit of nauseous or offensive matter.
16 [(c) A violation of the provisions of subdivision (a) of this section
17 shall be punishable by a fine not to exceed three hundred fifty dollars
18 and/or a requirement to perform services for a public or not-for-profit
19 corporation, association, institution or agency not to exceed ten hours
20 and for any second or subsequent violation by a fine not to exceed seven
21 hundred dollars and/or a requirement to perform services for a public or
22 not-for-profit corporation, association, institution or agency not to
23 exceed fifteen hours.]
24 § 2. The penal law is amended by adding a new section 145.80 to read
25 as follows:
26 § 145.80 Improper disposal of bodily fluids.
27 A person is guilty of improper disposal of bodily fluids when a person
28 throws, dumps, deposits or places, or causes to be thrown, dumped,
29 deposited or placed into any public trash or recycling receptacle, any
30 container containing bodily fluids. The provisions of this section shall
31 not apply to the disposal of diapers not otherwise prohibited by any
32 other provision of law.
33 Improper disposal of bodily fluids is a class A misdemeanor.
34 § 3. This act shall take effect on the first of November next succeed-
35 ing the date on which it shall have become a law.