§ 52-e. Penalties for littering. 1. No person shall throw, dump, or\ncause to be thrown, dumped, deposited or placed upon any railroad or\nsubway tracks, or within the limits of the right of way of any railroad\nor subway, any refuse, trash, garbage, rubbish, litter or any nauseous\nor offensive matter. For purposes of this section, the term "subway"\nshall mean all rail rapid transit systems operated by the New York city\ntransit authority including but not limited to track and track beds,\npassenger stations, tunnels, elevated structures, yards, depots and\nshops.\n 2. Where a highway or road lies in whole or part within a railroad\nright of way, nothing in this section shall be construed as prohibiting\nthe use in a reasonable manner of ashes, sand, salt or other material\nfor the purpose of reducing the hazard of, or providing traction on\nsnow, ice or sleet situated on such highway or road.\n 3. A violation of the provisions of subdivision one of this section\nshall be punishable by a fine not to exceed two hundred fifty dollars\nand/or a requirement to perform services for a public or not-for-profit\ncorporation, association, institution or agency not to exceed eight\nhours and for any second or subsequent violation by a fine not to exceed\nfive hundred dollars and/or a requirement to perform services for a\npublic or not-for-profit corporation, association, institution or agency\nnot to exceed eight hours.\n 4. Fines collected pursuant to subdivision three of this section on\nsubway tracks or subway rights-of-way shall be deposited to the credit\nof the New York subway littering prevention fund established pursuant to\nsection ninety-seven-uuu of the state finance law, and shall be used by\nthe New York city transit authority to post signs notifying the public\nof the maximum fine for a violation of subdivision one of this section.\n
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