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Clarkstown, NY Trash & Recycling: Illegal Dumping (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

First offense
Fine up to $2,500 for public dumping
Waterway dumping
Fine up to $3,500, steeper repeat penalties
Repeat offender
Up to $15,000-$16,000 for a 4th offense
Daily violation
Each day counts as a separate offense
Enforcement
Superintendent of Highways, Building Inspector

Summary

Town Code § 173-1 bars dumping, discarding or abandoning litter, hazards or shopping carts on public property or on private property open to the public, and separately bans dumping into any Town waterway. First-offense fines run up to $2,500, climbing to $10,000-$15,000 for a fourth offense within 18 months.

No person shall litter, leave, clutter, throw, discharge, discard, abandon, dump, store or keep any nuisance, hazard or litter, as defined in § 216-2 of this Code, or a shopping cart on any public street, public road, public place, public property or any privately owned property open to the public, regardless of whether or not said privately owned property is temporarily closed to the public.

Full Breakdown

Section 173-1(A) prohibits littering, leaving, cluttering, throwing, discharging, discarding, abandoning, dumping, storing or keeping any nuisance, hazard or litter, or a shopping cart, on any public street, road, place or property, or on privately owned property open to the public, regardless of whether that private property is temporarily closed. Subsection (B) imposes a separate, stricter ban on throwing, depositing or abandoning litter or foreign matter into any fountain, pool, pond, lake, stream, culvert, creek, reservoir or its tributaries and watershed, or any other body of water in a park or elsewhere in Town, with a narrow exception for permitted water-quality treatment.

Section 173-6 creates a rebuttable presumption for prosecution purposes: the vendor or provider named in an advertisement, or the identifiable owner of an abandoned shopping cart, is presumed to have placed or caused the placement of the litter. Enforcement runs through the Town's Superintendent of Highways and Building Inspector under § 173-5, who may remove, destroy or discard violating material and bill the offending party for the cost of removal and disposal, recoverable through any lawful collection method.

Violations & Fines

Section 173-4(A) fines a § 173-1(A) or § 173-2 violation up to $2,500 for a first offense, $2,500-$5,000 for a second within 18 months, $7,500-$10,000 for a third, and $10,000-$15,000 for a fourth or later offense within 18 months, with each day's continued violation a separate offense. Waterway dumping under § 173-1(B) draws its own scale in § 173-4(B): up to $3,500 first offense, rising to $11,000-$16,000 for a fourth or later offense within 18 months.

Frequently Asked Questions

What counts as illegal dumping in Clarkstown?
Section 173-1(A) prohibits littering, discharging, discarding, abandoning, dumping, storing or keeping any nuisance, hazard, litter or shopping cart on any public street, road, place or property, or on private property that's open to the public, even if temporarily closed.
Is dumping into a stream or reservoir treated differently?
Yes, more strictly. Section 173-1(B) separately bans throwing or abandoning litter or foreign matter into any fountain, pool, pond, lake, stream, culvert, reservoir or its watershed, and § 173-4(B) sets its own escalating fines starting at up to $3,500.
What's the fine for illegal dumping in Clarkstown?
A first offense under § 173-1(A) draws a fine up to $2,500 under § 173-4(A). It rises to $2,500-$5,000 for a second offense within 18 months, $7,500-$10,000 for a third, and $10,000-$15,000 for a fourth or later offense.

Sources & Official References

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