Int. No. 1279
By Council Members Ayala, Lee, Louis, Banks, Hudson, Joseph, Salamanca, Marte, Narcisse, Schulman, Bottcher, Brewer, Krishnan and Holden
A Local Law to amend the administrative code of the city of New York, in relation to allowing supplemental sanitation service providers to place refuse or recycling next to any public litter basket
Be it enacted by the Council as follows:
Section 1. Subdivision e of section 16-120 of the administrative code of the city of New York, as amended by local law number 135 for the year 2018, is amended to read as follows:
e. [(1)] 1. No person shall deposit household or commercial refuse or liquid wastes in a public litter basket placed on the streets by the department or any other person. There shall be a rebuttable presumption that the person whose name, or other identifying information, appears on any household or commercial refuse or liquid wastes deposited in such public litter basket violated this paragraph.
[(2)] 2. No person shall place household or commercial refuse in or upon any sidewalk, street, lot, park, public place, wharf, pier, dock, bulkhead, slip, navigable waterway or other area whether publicly or privately owned, except in accordance with rules of the department relating to collection (i) by the department or (ii) by a private carter that is required to be licensed or registered pursuant to chapter 1 of title 16-A of the code. There shall be a rebuttable presumption that the person whose name, or other identifying information, appears on any household or commercial refuse placed in or upon any sidewalk, street, lot, park, public place, wharf, pier, dock, bulkhead, slip, navigable waterway or other area whether publicly or privately owned violated this paragraph.
3. (a) Any rule established by the commissioner prohibiting a supplemental sanitation service provider from placing refuse or recycling next to or against any public litter basket placed by the department, or at any other location described in paragraph 2 of this subdivision, shall not take effect prior to August 1, 2028.
(b) Any rule established by the commissioner requiring any material a supplemental sanitation service provider places out for collection by the department to be in rigid receptacles with tight fitting lids shall not take effect prior to August 1, 2028.
(c) For purposes of this paragraph, the term “supplemental sanitation service provider” means any:
(1) Business improvement district established pursuant to chapter 4 of title 25 or pursuant to relevant state law;
(2) Group of merchants located in a commercial corridor that create an association to provide services and advocate on behalf of local business owners;
(3) Neighborhood association or other group of residents who advocate to improve the quality of life or organize activities within a neighborhood; or
(4) Non-governmental entity or organization that performs or causes others to perform cleaning services such as manual sweeping and cleaning of public spaces or emptying of public litter baskets for the purpose of supporting local businesses or communities.
§ 2. This local law takes effect immediately.
MBB
LS # 19267
04/28/2025