⚖ Violation Reference
Spitting in Public
NYC Health Code § 173.09 · Quality of Life
Legal information only — not legal advice. B-Legal is not a law firm and use of this site does not create an attorney-client relationship. Consult a licensed attorney before acting.
Overview
Spitting on any public sidewalk, street, subway, or public building. Rarely enforced unless accompanied by other conduct. NYPD may issue civil summons under the Health Code or combine with a Disorderly Conduct summons if directed at another person.
Fine Range
$50–$250
Surcharge
Varies
How to Contest
- Contest at OATH if civil summons
- Appear in Criminal Court if Disorderly Conduct attached
- Challenge whether act was observed directly by officer
Common Defenses
- Officer did not directly observe
- Medical condition (e.g., excessive saliva)
- Act was involuntary
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →