a. 1. Any person who violates paragraph one of subdivision a of section 16-461 of this chapter shall be liable for (i) a criminal fine of five hundred dollars or imprisonment not to exceed forty-eight hours, or both, or (ii) a civil penalty of five hundred dollars for the first offense, seven hundred fifty dollars for the second offense that occurs on a different day within any eighteen-month period and one thousand dollars for each subsequent offense that occurs on a different day within any eighteen-month period. For the purpose of imposing a criminal fine or civil penalty pursuant to this paragraph, every building or lot from which recyclable material has been removed unlawfully shall constitute a separate violation for which a criminal fine or civil penalty may be imposed.
2. No person shall be in violation of paragraph one of subdivision a of section 16-461 of this chapter if such person has removed three or fewer recyclable items, in the aggregate, per day or if such removed items are loose, individual magazines or soft-cover books that are not bundled and tied together with other mixed paper. This paragraph shall not apply to any refrigerant-containing item, or any large bulk metal item as defined by the commissioner by rule, or if the department observes the presence of additional recyclable material in the motor vehicle. There shall be a rebuttable presumption that the presence of such additional recyclable material in the motor vehicle indicates that such material was collected in violation of paragraph one of subdivision a of section 16-461 of this chapter.
3. Any person who violates subparagraph i of paragraph two of subdivision a of section 16-461 of this chapter shall be liable for a civil penalty of one thousand dollars.
4. Any person who violates subparagraphs iii, iv or v of paragraph two of subdivision a of section 16-461 of this chapter shall be liable for a civil penalty of one hundred dollars for each such violation.
5. Any person who violates paragraph three of subdivision a of section 16-461 of this chapter shall be liable for a civil penalty of five hundred dollars.
b. Any person who violates subdivision b of section 16-461 of this chapter shall be liable for (i) a criminal fine of seven hundred fifty dollars or imprisonment not to exceed forty-eight hours, or both, or (ii) a civil penalty of seven hundred fifty dollars for the first offense, one thousand dollars for the second offense that occurs on a different day within an eighteen-month period and one thousand five hundred dollars for each subsequent offense that occurs on a different day within such eighteen-month period. For the purpose of imposing a criminal fine or civil penalty pursuant to this subdivision, every building or lot from which recyclable material has been removed unlawfully shall constitute a separate violation for which a criminal fine or civil penalty may be imposed.
c. Any person who violates subdivision c of section 16-461 of this chapter shall be liable for (i) a criminal fine of one thousand dollars or imprisonment not to exceed forty-eight hours, or both, or (ii) a civil penalty of one thousand dollars for the first offense and two thousand dollars for each subsequent offense that occurs on a different day within any eighteen-month period. For the purpose of imposing a criminal fine or civil penalty pursuant to this subdivision, every building or lot from which recyclable material has been removed unlawfully shall constitute a separate violation for which a criminal fine or civil penalty may be imposed.
d. 1. Any owner of a motor vehicle used in violation of subdivision a or b of section 16-461 of this chapter shall be liable for a civil penalty of five hundred dollars for the first offense, seven hundred fifty dollars for a second offense within any eighteen-month period and one thousand dollars for each subsequent offense within any eighteen-month period, regardless of whether the same vehicle was used in the subsequent offense. Notwithstanding the foregoing, such motor vehicle owner shall not be liable if such owner establishes that the motor vehicle was used for purposes of violating the provisions of this chapter without such owner's permission.
2. Any owner of a motor vehicle used in violation of subdivision c of section 16-461 of this chapter shall be liable for a civil penalty of one thousand dollars for the first offense and two thousand dollars for each subsequent offense within any eighteen-month period, regardless of whether the same vehicle was used in the subsequent offense. Notwithstanding the foregoing, such motor vehicle owner shall not be liable if such owner establishes that the motor vehicle was used for purposes of violating the provisions of this chapter without such owner's permission.
3. Any motor vehicle that has been used or is being used to commit a violation of subdivision a, b or c of section 16-461 of this chapter may be impounded by the department and shall not be released until either all storage fees and the applicable fines and penalties have been paid or a bond has been posted in an amount satisfactory to the commissioner. Rules of the department related to the impoundment and release of motor vehicles in chapter five of title sixteen of the rules of the city of New York shall be applicable to the impoundment and release of motor vehicles pursuant to this paragraph. The commissioner shall have the power to promulgate amended rules concerning the impoundment and release of motor vehicles and the payment of storage fees for such motor vehicles, including the amounts and rates thereof. Where it is determined that the motor vehicle was not used to commit a violation of subdivision a, b or c of section 16-461 of this chapter, such fees shall be promptly returned.
4. In addition to any other penalties provided in this subdivision, the interest of a vehicle owner in any motor vehicle impounded pursuant to paragraph three of this subdivision shall be subject to forfeiture upon notice and judicial determination thereof if such vehicle owner has been convicted of or found liable for a violation of this chapter in a criminal or civil proceeding or in a proceeding before the environmental control board three or more times, all of which violations were committed within any eighteen-month period.
5. Except as otherwise provided in this subdivision, the city agency having custody of a motor vehicle after judicial determination of forfeiture shall no sooner than thirty days after such determination upon a notice of at least five days, sell such forfeited motor vehicle at public sale. Any person, other than a vehicle owner whose interest is forfeited pursuant to this section, who establishes a right of ownership in such motor vehicle, including a part ownership or security interest, shall be entitled to delivery of the motor vehicle if such person:
(i) redeems the ownership interest which was subject to forfeiture by payment to the city of the value thereof;
(ii) pays the reasonable expenses of the safekeeping of such motor vehicle between the time of seizure and such redemption; and
(iii) asserts a claim within thirty days after judicial determination of forfeiture. Notwithstanding the foregoing provisions, establishment of a claim shall not entitle such person to delivery of such vehicle if the city establishes that the violation for which the motor vehicle was seized was expressly or impliedly permitted by such person.
e. Any person who violates subdivision b of section 16-463 of this chapter shall be liable for (i) a criminal fine of one thousand dollars or imprisonment not to exceed forty eight hours, or both, or (ii) a civil penalty of one thousand dollars for the first offense and two thousand dollars for each subsequent offense within any eighteen-month period. For the purpose of imposing a criminal fine or civil penalty pursuant to this subdivision, each receipt from a separate motor vehicle of recyclable material shall constitute a separate violation for which a criminal fine or civil penalty may be imposed.
f. Any person who violates subdivision c of section 16-463 of this chapter shall be liable for (i) a criminal fine of one thousand five hundred dollars or imprisonment not to exceed forty eight hours, or both, or (ii) a civil penalty of one thousand five hundred dollars for the first offense and three thousand dollars for each subsequent offense within an eighteen-month period. For the purpose of imposing a criminal fine or civil penalty pursuant to this subdivision, each receipt from a separate motor vehicle of department-marked material shall constitute a separate violation for which a criminal fine or civil penalty may be imposed.
g. Any person who violates subdivision d of section 16-463 of this chapter shall be liable for (i) a criminal fine of one thousand five hundred dollars or imprisonment not to exceed forty eight hours, or both, or (ii) a civil penalty of one thousand five hundred dollars for the first offense and three thousand dollars for each subsequent offense within any eighteen-month period. For the purpose of imposing a criminal fine or civil penalty pursuant to this subdivision, each receipt from a separate motor vehicle of a refrigerant-containing item shall constitute a separate violation for which a criminal fine or civil penalty may be imposed.
h. The provisions of this chapter may be enforced by the department, the police department, the department of consumer and worker protection and the business integrity commission.
i. Where a notice of violation is issued for a violation of any of the provisions of this chapter, such process shall be returnable to the environmental control board or court of appropriate jurisdiction, which shall have the power to impose the civil penalties provided in this section.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/056 and L.L. 2020/080.