What the law actually requires
Local Law 116 of 2023, effective March 2024, requires all commercial businesses to place trash in sealed, rigid, lidded containers. Loose black plastic bags placed directly on the curb or sidewalk are a violation. Bags inside a lidded container are fine.
Fine schedule
| First offense (loose bags on curb) | $50 to $100 |
| Second offense within 12 months | $300 |
| Repeat violations | $500+ |
| Setting trash out before allowed time (separate violation) | $100 to $300 |
What counts as a compliant container
- Rigid (not flimsy, not a paper bag)
- Lidded (the lid must actually close and stay closed)
- Up to 55 gallons in standard size
- Wheeled carts and receptacles with handles are acceptable
Set-out timing
Timing is the other half of the rule. Setting trash out too early is its own violation. General rule: not before 8pm the evening before your collection day. Your exact district hours are posted at dsny.nyc.gov.
How to avoid it
- Buy or lease rigid lidded containers. Home improvement stores and restaurant supply companies both carry them.
- Train staff: bags go into the container, not on the sidewalk next to it.
- Confirm your district's set-out time in writing and post it in the back of house.
- For very small operations with limited storage space, talk to your carter about smaller-capacity containers or more frequent pickups.
Source
Local Law 116 of 2023 · NYC Admin Code §16-120.