Are you or someone you know in trouble for public urination in New York? Public urination (the violating of the New York State Health Code 153.09 or 116-18 of the New York City Administrative Code) can be a minor or serious charge depending on how the summons was issued to the alleged offender.
§153.09 Throwing or dropping offensive matter into streets, public places, rivers and other places prohibited.
No person shall throw or put any blood, swill, brine, offensive animal matter, noxious liquid, dead animals, offal, putrid or stinking vegetable or animal matter or other filthy matter of any kind, and no person shall allow any such matter to run or fall into any street, public place, sewer, receiving basin or river, any standing or running water or into any other waters of the City as defined in §145.01.
Since it is very easy to find locations with free shower or bath in New York, it can be tedious for you and your legal representation (see below for a list) to fight the charges which can harm a potential professional career by denial and non-renewal of (driver’s, medical, etc.) licenses need to practice in New York State legally.
§ 116-18 Littering prohibited. 1. No person shall litter, sweep, throw
or cast, or direct, suffer or permit any servant, agent, employee, or
other person under his or her control, to litter, sweep, throw or cast
any ashes, garbage, paper, dust or other rubbish and refuse of any kind
whatsoever, in or upon any street or public place, vacant lot, air
shaft, areaway, backyard court or alley.
2. (a) Every owner, lessee, tenant, occupant or person in charge of
any building or premises shall keep and cause to be kept the sidewalk,
flagging and curbstone abutting said building or premises free from
obstruction and nuisances of every kind, and shall keep said sidewalks,
flagging, curbstones, and air shafts, areaways, backyards, courts and
alleys free from garbage, refuse, rubbish, litter, debris and other
offensive material. Such persons shall also remove garbage, refuse,
rubbish, litter, debris and other offensive material between the
curbstone abutting the building or premises and the roadway area
extending one and one-half feet from the curbstone into the street on
which the building or premises front. Such persons shall not, however,
be responsible for cleaning the garbage, refuse, rubbish, litter, debris
and other offensive material which accumulates at catch basins located
within the one and one-half foot distance from the curbstone into the
street.
(b) Every owner, lessee, tenant or person in charge of any vacant lot
shall keep and cause to be kept the sidewalk, flagging and curbstone
abutting said vacant lot free from obstruction and nuisances of every
kind, and shall keep said sidewalks, flagging and curbstones free from
garbage, refuse, rubbish, litter, debris and other offensive material.
Every owner, lessee, tenant or person in charge of any vacant lot shall
keep and cause to be kept said vacant lot free from garbage, refuse,
rubbish, litter, debris and other offensive material. Such persons shall
also remove garbage, refuse, rubbish, litter, debris and other offensive
material between the curbstone abutting the vacant lot and the roadway
area extending one and one-half feet from the curbstone into the street
on which the vacant lot fronts. Such persons shall not, however, be
responsible for cleaning the garbage, refuse, rubbish, litter, debris
and other offensive material which accumulates at catch basins located
within the one and one-half foot distance from the curbstone into the
street.
3. No lime, ashes, coal, dry sand, hair, waste paper, feathers, or
other substance that is in a similar manner liable to be blown by the
wind, shall be sieved, agitated, or exposed, nor shall any mat, carpet,
or cloth be shaken or beaten, nor shall any cloth, yarn, garment,
material or substance be scoured or cleaned, nor shall any rags, damaged
merchandise, barrels, boxes, or broken bales of merchandise or goods be
placed, kept, or exposed in any place where they or particles therefrom
will pass into any street or public place, or into any occupied
premises, nor shall any usual or any reasonable precautions be omitted
by any person to prevent fragments or any substances from falling to the
detriment or peril of life or health, or dust or light material flying
into any street, place, or building, from any building or erection,
while the same is being altered, repaired or demolished, or otherwise.
In demolishing any building or part thereof, the material to be removed
shall be properly wet in order to lay dust incident to its removal.
4. No one, being the owner, or in charge or in control of any vehicle,
or of any receptacle, shall litter, drop or spill, or permit to be
littered, dropped or spilled any dirt, sand, gravel, clay, loam, stone
or building rubbish, hay, straw, oats, sawdust, shavings or other light
materials of any sort, or manufacturing, trade or household waste,
refuse, rubbish of any sort, or ashes, manure, garbage, or other organic
refuse or other offensive matter, in or upon any street or public place.
5. No person shall throw, cast or distribute, or cause or permit to be
thrown, cast or distributed, any handbill, circular, card, booklet,
placard or other advertising matter whatsoever, in or upon any street or
public place, or in a front yard or courtyard, or on any stoop, or in
the vestibule of any hall in any building, or in a letter box therein;
provided that nothing herein contained shall be deemed to prohibit or
otherwise regulate the delivery of any such matter by the United States
postal service, or prohibit the distribution of sample copies of
newspapers regularly sold by the copy or by annual subscription. This
section is not intended to prevent the lawful distribution of anything
other than commercial and business advertising matter.
6. No swill, brine, offensive animal matter, noxious liquid, or other
filthy matter of any kind, shall be allowed by any person to fall upon
or run into any street, or public place, or be taken to or put therein.
7. (a) No person shall prevent or interfere with any employee of the
department of sanitation in the sweeping or cleaning of any street or in
the removal of sweepings, ashes, garbage, rubbish, snow, ice, or other
refuse material.
(b) No person, other than an authorized employee or agent of the
department shall disturb or remove any ashes, garbage or light refuse or
rubbish placed by householders, or their tenants, or by occupants or
their servants, within the stoop or area line, or in front of houses or
lots, for removal, unless requested by residents of such houses.
8. The violation of any provision of this section shall constitute an
offense punishable by a fine of not less than fifty dollars nor more
than two hundred fifty dollars, or by imprisonment not to exceed ten
days or both.
9. Any person violating the provisions of this section shall be liable
for a civil penalty of not less than fifty dollars nor more than two
hundred fifty dollars, except that for a second violation of subdivision
one, three, four, or six of this section within any twelve-month period,
such person shall be liable for a civil penalty of not less than two
hundred fifty dollars nor more than three hundred fifty dollars and for
a third or subsequent violation of subdivision one, three, four or six
of this section within any twelve-month period such person shall be
liable for a civil penalty of not less than three hundred fifty dollars
nor more than four hundred fifty dollars.
10. In the instance where the notice of violation, appearance ticket
or summons is issued for breach of the provisions of this section and
sets forth thereon civil penalties only, such process shall be
returnable to the environmental control board, which shall have the
power to impose the civil penalties hereinabove provided in subdivision
nine of this section.
11. In the event that a violator fails to answer such notice of
violation, appearance ticket or summons within the time provided
therefor by the rules and regulations of the environmental control
board, he or she shall become liable for additional penalties. The
additional penalties shall not exceed four hundred fifty dollars for
each violation.
Once you receive your pink ticket to appear in court, be sure to show up on time. If you can not appear in court or missed your court date, you will want to get the aid of an attorney to interact with the court on your behalf. To get the proper legal defense you need, please contact the New York Bar Association for a referal or one the legal representations listed below.
GONZALEZ LAW ASSOCIATES P.C.
5030 Broadway, Suite 815
(Bet. W. 213th & W. 214th Street)
New York, NY 10034-1655
P: 1-646-633-4563
LAW OFFICES OF ROBERT BRIERE,ESQ
110 Wall Street. 11th Floor.
(Bet. Front & South Street )
New York, NY 10005
P: 1-212-786-2999
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Steve Pringle
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