§ 52-e. Penalties for littering. 1. No person shall throw, dump, or cause to be thrown, dumped, deposited or placed upon any railroad or subway tracks, or within the limits of the right of way of any railroad or subway, any refuse, trash, garbage, rubbish, litter or any nauseous or offensive matter. For purposes of this section, the term "subway" shall mean all rail rapid transit systems operated by the New York city transit authority including but not limited to track and track beds, passenger stations, tunnels, elevated structures, yards, depots and shops.
2. Where a highway or road lies in whole or part within a railroad right of way, nothing in this section shall be construed as prohibiting the use in a reasonable manner of ashes, sand, salt or other material for the purpose of reducing the hazard of, or providing traction on snow, ice or sleet situated on such highway or road.
3. A violation of the provisions of subdivision one of this section shall be punishable by a fine not to exceed two hundred fifty dollars and/or a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed eight hours and for any second or subsequent violation by a fine not to exceed five hundred dollars and/or a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed eight hours.
4. Fines collected pursuant to subdivision three of this section on subway tracks or subway rights-of-way shall be deposited to the credit of the New York subway littering prevention fund established pursuant to section ninety-seven-uuu of the state finance law, and shall be used by the New York city transit authority to post signs notifying the public of the maximum fine for a violation of subdivision one of this section.
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