Whose Trash is Who’s? A Look into City Trash Codes

Written By Angus Jackson

By Angus Jackson

In New York City, garbage accumulates in various locations, including private property, sidewalks, and streets, and the legal burdens vary for each location. It is valuable to know who is responsible in each situation, both for enforcement purposes and for the conduct of daily activities.

On private property, the owner or occupant has the legal responsibility to keep it clear of garbage. NYC Administrative Code § 16-118 imposes the duty on "every owner, lessee, tenant or person in charge of any building or premises" to keep property free of refuse, debris, and litter. This implies that if trash is in a yard or an alley behind someone's building, even though others may have thrown the trash there, the owner is still liable to clean it up. Similarly, DSNY rules hold owners of property accountable for litter on property that they own, even if the debris comes from external sources like wind or pedestrians.

For the gutter and sidewalk space directly in front of a property, the same private-owner responsibilities often extend. NYC law requires building owners to sweep not just the sidewalk in front of a building but also the gutter space (18 inches from the curb into the street) directly outside. Not keeping that area clean can lead to DSNY summonses and fines. Administrative Code § 16-118 also mandates that owners "keep the sidewalk, flagging and curbstone abutting" their building free of refuse, debris, litter, garbage, etc., including that portion 1.5 feet into the street from the curbstone.

There are exceptions, however: for owner-occupied one-, two-, or three-family residential buildings used exclusively for residential purposes, the laws on sidewalk repair and maintenance (if not necessarily litter removal) sometimes shift to city liability or responsibility. Property owners are otherwise liable for sidewalk maintenance adjacent to their property under NYC Code § 7-210 unless their building qualifies under those smaller residential categories. Then the city may pick up the slack.

For public streets overall (i.e., roadway, mid-street, public right-of-way outside the curb, etc.), it is more of a city service. Sweeping and loose litter removal in the roadway (outside the gutter or sidewalk) is typically done by the NYC Department of Sanitation (DSNY) on scheduled routes and cleaning programs. That does not, however, let individuals off the hook legally: NYC law (Administrative Code § 16-118) makes it illegal for anyone to litter or allow litter to collect in public places, streets, or to drop trash from vehicles or buildings onto public places.

There are also newer policy developments that illustrate how responsibility becomes more defined (or stricter) depending on where trash is thrown. For example, the city's "bin rules" compel smaller residential buildings and businesses to use closed bins instead of loose bags on sidewalks or curbs. That is because loose bags on sidewalks have a likelihood of bursting or leaking, making it simpler for litter to make its way onto streets. So the code is trying to bring the line more tightly: containment on private or residential property and sidewalk spaces is included as part of having no litter on the street.

In practice, this provides three overlapping levels of responsibility:

  • Private residents or property owners for litter on their lots, alleys, and yards.

  • Sidewalk, curb, or gutter space in front of or adjacent to their properties (some distance into the street). 

  • City agencies (primarily the DSNY) for public streets, cleaning duties, and enforcement when people violate public littering laws or allow litter to accumulate.

All of this is backed up by fines: property owners are fined for failing to clean sidewalks and gutters; individuals are fined for dumping trash in the street; businesses have stricter enforcement periods and sometimes higher fines. The ethical and legal message is identical: litter doesn't become "someone else's problem" just because it blows off your property or bag. If it lands on sidewalks or the street in front of your property, you can still be held responsible.

Sources Used:

Angus Jackson
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Pride vs. Practice: The Paradox of NYC Residents Who Litter