[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of certain local laws amending these provisions are included
as an attachment to this chapter.]
[Adopted 6-9-2020 by L.L.
No. 24-2020]
A.
This Legislature hereby finds and determines that due to the current
COVID-19 pandemic, people are required to wear face masks in New York,
with many electing to wear additional personal protective equipment
(collectively, "PPE") while in public spaces to prevent the spread
of the virus. This Legislature also finds and determines that many
forms of PPE, such as paper masks and plastic gloves, are single use
and should be discarded after use for the safety of both the user
and the public. This Legislature further finds and determines that
once discarded, PPE harbors germs and other bacteria which make it
a public health hazard. Discarded used PPE can perpetuate the spread
of viral infections and should not be touched by anyone other than
the original user. This Legislature determines that the County of
Suffolk has seen an increased amount of PPE littering in public areas
during the COVID-19 crisis. This Legislature finds that littering
PPE is detrimental to the health and safety of others during a public
health crisis, adds to the accumulation of waste and harms the environment.
This Legislature determines that improper disposal of PPE, just as
the littering of other hazardous waste, should be specifically banned
and appropriately punished in Suffolk County during periods of public
health crisis.
B.
Therefore, the purpose of this article is to prohibit the improper
discarding of PPE in any area other than an appropriate waste receptacle
in Suffolk County during a declared state of emergency or other disaster
declaration due to a public health crisis.
As used in this article, the following terms shall have the
meanings indicated:
A natural individual.
Any equipment worn to minimize exposure to germs or viruses
that may cause serious illnesses. PPE shall include, but not be limited
to, disposable or multi-use: face masks and coverings, gloves and
hand coverings, face shields, goggles, gowns, head coverings, respirators,
and shoe coverings.
Any public, commercial, or private receptacle used for the
temporary storage of solid waste while awaiting collection and proper
disposal.
A.
During any period when a disaster or state of emergency is declared
in Suffolk County due to a public health crisis, a person shall dispose
of any used personal protective equipment they utilize into a waste
receptacle.
B.
During any period when a disaster or state of emergency is declared
in Suffolk County due to a public health crisis, no person shall throw,
deposit, or place used personal protective equipment in any area or
location utilized by members of the public other than a waste receptacle.
A.
Violation(s) of any provision of this article shall be a criminal
violation, subject to a fine of $250 for a first offense, $750 for
a second offense, and $1,500 for any third or subsequent offense(s).
B.
Each incident of improper disposal of personal protective equipment
under this article shall constitute a separate and distinct offense.
A.
This article shall be enforced by the Suffolk County Police Department.
B.
This article shall only be enforced during the period encompassing
a state of emergency or disaster declaration due to a public health
crisis affecting the County of Suffolk, as declared by the President
of the United States, New York State Governor, or Suffolk County Executive.
This article shall apply to all actions occurring during a declared public health emergency or disaster, as established in § 646-5 of this article, on or after the effective date of this article.
