Enacts the "lawn litter law act"; relates to the rebuttable presumption regarding distributing unsolicited advertising on private property in cities with a population of one million or more.
TITLE OF BILL: An act to amend the general business law, in relation to enacting the "lawn litter law act"
PURPOSE OR GENERAL IDEA OF BILL: The subject legislation amends Section 397-a of the General Business Law to delete the necessity of lawn litter being placed on two or more premises to constitute a violation of this section.
SUMMARY OF PROVISIONS: Each violation of the General Business Law, Section 397-a 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 material 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 greater, or both.
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 businesses 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: 2013-2014 Assembly A02344 (Rozic) - Cities 2012 Assembly A00200 (Lancman) - Cities 2010 Assembly A10273 (Lancman) Cities 2009 Assembly A07862 (Weprin)- Cities
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6897 IN SENATE March 27, 2014 ___________Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to enacting the "lawn litter law act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "lawn litter law act". S 2. Subdivision 3 of section 397-a of the general business law, as amended by chapter 3 of the laws of 2008, is amended to read as follows: 3. There shall be a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on any unso- licited advertising materials described in subdivision one of this section
[and placed at two or more premises]shall be liable for any violations of this section. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05091-01-3