Fines, Rules, and Realities: Enforcement’s Role in NYC’s Litter Landscape

Written By Angus Jackson

By Angus Jackson

New York City's regulations and enforcement activities hold the key to controlling litter. Regulations determine what is prohibited, the sanctions, and try to change behavior. However, enforcement in itself cannot cure litter issues; how the rules are framed, how uniformly they are enforced, and how conspicuous the rules remain in the sight of people all determine the outcome.

One such rule is the new regulation that requires all buildings with one to nine residential units to keep curbside trash in lidded containers with a capacity of no more than 55 gallons and tight-fitting lids. Residents face fines of $50 for the first offense, $100 for the second offense, and $200 for the third and any following offense. Warnings came before the initiation of enforcement. The regulation aims to prevent trash bags from being torn or blown open and garbage from drifting all over the streets. The compliance is uneven, but the initial reaction shows the awareness is increasing among the public.

Yet another enforcement concern is about rules for composting. From October onwards, the New Yorkers will be required to differentiate between food scraps and yard clippings and ordinary garbage, and buildings of at least four apartments must provide appropriate bins for the compost material. From April 1 onwards, property owners were summoned for the lack of compliance. Following the swift issuance of over 4,000 summons in the space of several weeks, the city toned down the penalties: bigger buildings with over 30 apartments and repeat offenders would be penalized. The city amended this rule in the interest of public awareness and equity.

Illegal dumping also attracts stiff sanctions. The "Tip Program" in NYC prohibits vehicles or owners from dumping household garbage, dirt, or rubbish illegally. Fines vary between $1,500 and $20,000, with possibilities of $40,000 in the event the owner and operator are different. This indicates how much the city penalizes large-scale littering through vehicles.

Licensing and retail premises also have certain regulations. Retail stores can be fined between $100 and $200 for "loose rubbish" offenses. Improper location of garbage or recycling bins or failure to exhibit the correct decal for privately owned carting trucks can result in a fine between $100 and $400. These regulations are meant to prevent litter caused by business activities that tend to generate extensive footpath and street litter.

Sidewalk and gutter upkeep is also legally imposed. Property owners must maintain the sidewalks and gutters (including the area within 18 inches of the curb to the street) in front of the property clear. Not keeping them clear can put you in danger of fines of $100. The city has specific times during the year in which tickets for commercial or residential property are given, and regulations vary with the type of property.

These regulations are supported by conspicuous public education and cues. Signs, for instance, remind the public and businessmen that it is against the law to put home or business garbage in public litter baskets, and fines of $100 may be given. City communications try to portray the issue in terms of both legal responsibility and civic pride. Enforcement is strongest with specific rules, large fines, and widespread public awareness. Where rules are poorly known, sporadically enforced, or fines are small, it falls. To improve litter results, the City of New York must also make enforcement regular throughout all property types, be consistent in its enforcement, and maintain vigorous public education on the rules.

Sources Used:

Angus Jackson
Previous

Packaging, Policy, and Pollution: How Regulation Shapes Litter in NYC
Next

From Streets to Streams: How NYC Litter Travels Downriver