Int 0083-2002

Be it enacted by the Council as follows: Section one. Chapter One of Title Sixteen of the Administrative Code of the City of New York is hereby amended to add a new section 16-141 to read as follows: a. Notwithstanding any provision of law to the contrary, it shall be unlawful for any person to remove or collect any of the following material if it has been discarded or disposed of by any person, whether or not such material has been placed in a receptacle: i) any designated recyclable paper, as defined by the commissioner pursuant to subchapter two of chapter three of this title; ii) any form of electronic media that can be used for the retention of information, including but not limited to, computer disks, tapes and other devices on which data can be stored and retrieved, reprinted or otherwise obtained; or iii) any other refuse for the purpose of using personal or private information contained therein for any commercial or fundraising purpose. For the purposes of this section, "personal or private information" shall include, but not be limited to, information relating to credit cards, financial institution statements, credit or employment histories, and medical records. b. The provisions of subdivision a of this section shall not apply to any authorized agent of the department or other city employee acting in the discharge of his or her official duties or any other person or entity having the express consent of the owner, lessee, agent, occupant or other person who manages or controls a building or dwelling from which designated recyclable paper or electronic media has been discarded or disposed. c. Any person who violates the provisions of this section shall be guilty of a misdemeanor for each violation and/or a civil penalty of not more than five hundred ($500) for each such violation. �2. This local law shall take effect ninety days after its enactment. - 2 -