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Construction, Maintenance, Repair, Obstruction and Closure of Streets

NYC Admin. Code tit. 19, ch. 1, subch. 1
in effect

NYC Admin. Code § 19-101 Definitions.

§ 19-101 Definitions. Whenever used in this title the following terms have the following meanings: Asphalt. The term "asphalt" shall mean a dark brown to black bitumen pitch that melts readily and which appears in nature in asphalt beds or is produced as a by-product of the petroleum industry. Asphaltic concrete or asphalt paving. The terms "asphaltic concrete" or "asphalt paving" shall mean a mixture of liquid asphalt and graded aggregate used as paving material. Barrier. The term "barrier" shall mean an object, as prescribed in rules of the department, placed on all sides of a roadway cafe, other than the side that fronts the restaurant, to protect patrons of a roadway cafe, that has a fully built interior wall and bottom to hold water or such other filler and that is removable. Commissioner. The term "commissioner shall mean the commissioner of transportation. Department. The term "department" shall mean the department of transportation. Enclosed sidewalk cafe. The term "enclosed sidewalk cafe" shall mean a sidewalk cafe that is constructed predominantly of light materials such as glass, slow-burning plastic or lightweight metal pursuant to a permit issued by the department of buildings. Existing roadway cafe. The term “existing roadway cafe” shall mean a roadway cafe operating on August 15, 2026 that has been granted a revocable consent by the commissioner prior to such date, or a roadway cafe granted such a revocable consent after such date but for which a public hearing pursuant to section 371 of the charter for such roadway cafe to operate other than as a year-round roadway cafe has been held prior to November 29, 2026. Fee rate. The term "fee rate" shall mean the compensation to be paid per square foot to the city during the continuance of the revocable consent in an amount equal to the applicable sector rate, reduced, as determined by the department, to account for factors including, but not limited to, the impact historical weather patterns may have on the operation of a sidewalk cafe or roadway cafe and any area of such roadway cafe occupied by barriers demarcating such cafe from the curb lane or parking lane. Ground floor. The term "ground floor" shall mean visible from the street and directly accessible to the public from the street. Ground floor restaurant. The term "ground floor restaurant" shall mean any ground floor premises that is operated pursuant to a food service establishment permit issued by the department of health and mental hygiene. I-4 mix. The term "I-4 mix" shall mean a type of heavy duty asphaltic concrete mix containing 0.75 inch (19 mm) nominal maximum size aggregate with 25% to 50% of the aggregate capable of passing through a No. 8 sieve and in which all sand contained in the mix is crushed. Reclaimed asphalt pavement. The term "reclaimed asphalt pavement" shall mean asphalt pavement that has been processed for reuse in asphaltic concrete. Roadway. The term "roadway" shall mean that portion of a street designed, improved or ordinarily used for vehicular travel, exclusive of the shoulder and slope. Roadway cafe. The term “roadway cafe” shall mean a portion of a ground floor restaurant which is located in the curb lane or parking lane of a roadway fronting the restaurant and is designed and operated pursuant to rules of the department. Sector. The term "sector" shall mean an area of the city, as determined by the department, where the median annual rent charged for a square foot of a ground floor commercial premises, in accordance with information published by the department of finance pursuant to subdivision h of section 11-3101, is similar. Sector rate. The term "sector rate" shall mean a dollar amount determined by the department for each sector, based on the median annual rent for a square foot of a ground floor commercial premises in such sector, as determined in accordance with information published by the department of finance pursuant to subdivision h of section 11-3101, or other similar data that the department determines accurately reflects such median annual rent in such sector. Seasonal roadway cafe. The term “seasonal roadway cafe” shall mean a roadway cafe that has been granted a license and revocable consent by the commissioner to operate between April 1 and November 29 only. Sidewalk. The term "sidewalk" shall mean that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, but not including the curb, intended for the use of pedestrians. Sidewalk cafe. The term "sidewalk cafe" shall mean a portion of a ground floor restaurant located on a public sidewalk or sidewalk widening fronting the restaurant that is designed and operated pursuant to rules of the department. Sidewalk widening. The term "sidewalk widening" shall have the same meaning as such term is used in subdivision (f) of section 37-53 of the zoning resolution of the city of New York. Street. The term "street" has the same meaning ascribed to such term in subdivision 13 of section 1-112 of this code. Year-round roadway cafe. The term “year-round roadway cafe” shall mean a roadway cafe that has been granted a license and revocable consent by the commissioner to operate on any day of a year, including any day between November 30 and March 31. (Am. L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023; Am. L.L. 2026/135, 8/31/2026, eff. 8/31/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104, L.L. 2011/071, and L.L. 2023/121.

NYC Admin. Code § 19-101.1 Department of design and construction.

§ 19-101.1 Department of design and construction. Any power granted by this chapter to the commissioner of transportation or the department of transportation related to construction or other work shall be performed by the department of design and construction in accordance with chapter fifty-five of the charter unless otherwise directed by the mayor pursuant to such chapter. Where the commissioner of transportation or the department of transportation is authorized by this chapter to promulgate specifications relating to construction or other work, such promulgation shall be done in consultation with the department of design and construction. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/077.

NYC Admin. Code § 19-101.2 Review of major transportation projects.

§ 19-101.2 Review of major transportation projects. a. Definitions. For the purposes of this section, the following terms have the following meanings: Affected council member, senator, member of assembly, and community board. The term “affected council member, senator, member of assembly, and community board” means any council member, senator, member of assembly, and community board in whose districts a proposed major transportation project is to be located, in whole or in part. Affected firehouse. The term “affected firehouse” means any firehouse in whose response area a proposed major transportation project is to be located, in whole or in part. Bicycle lane. The term “bicycle lane” means a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles. Major transportation project. The term “major transportation project” means any project that after construction will alter 4 or more consecutive blocks, or 1,000 consecutive feet of street, whichever is less, involving a major realignment of the roadway, including either removal of a vehicular lane or full time removal of a parking lane or addition of vehicular travel lanes, as well as a project to add or remove a bicycle lane of any length. b. If an agency of the city other than the department implements a major transportation project, such agency, in lieu of the department, shall provide the notice required by this section. c. Prior to the implementation of a major transportation project, the department shall forward notice of such project, including a description of such project, to the affected council member, senator, member of assembly, and community board by electronic mail. d. Within 10 business days after receipt of such notice, or within 20 business days after receipt between June 20 and August 20 of such a notice for a major transportation project for the addition or removal of a bicycle lane: (i) the affected council member, senator, and member of assembly may submit recommendations or comments, or both, on such notice to the department; and (ii) the affected community board may either submit recommendations or comments, or both, on such notice to the department, or request a presentation of the major transportation project plan by the department, or both, which shall be made to the community board within 30 days of such community board’s request, or within 45 days of such community board’s request where such a notice for a major transportation project for the addition or removal of a bicycle lane is received by such community board between June 20 and August 20. e. Each presentation shall include, at a minimum, the project limits, a description, and a justification of such plan, and a map showing the streets affected by such plan and, within 3 days of such presentation, shall be forwarded to the affected council member, senator, and member of assembly. f. The department shall consider recommendations or comments, or both, if any, made under the provisions of subdivision d of this section or within 7 days of the presentation to the community board, from the affected council member, senator, member of assembly, and community board, and may incorporate changes, where appropriate, into the plan. g. The department may implement its plan after it sends an amended plan or notice that it will proceed with its original plan to the affected council member, senator, member of assembly, and community board. h. Nothing in this section shall be construed to prohibit the department from providing notice of its major transportation projects on its website and to the affected council member, senator, member of assembly, and community board, and other interested parties by other means in addition to those specified in this section. i. Nothing in this section shall be construed to require the department to provide notification of major transportation projects requiring immediate implementation to preserve public safety. j. Prior to the implementation of a major transportation project, the department shall consult with the police department, the fire department, the department of small business services, and the mayor's office for people with disabilities. The fire department shall confer with any affected firehouse and submit to the department the specific affected firehouse that was conferred with, any feedback provided by such firehouse, the method by which such firehouse provided feedback, and the date such feedback was provided. The department shall include a certification of the consultations conducted pursuant to this subdivision in the notice required by subdivision c of this section, provided that for the consultation with the fire department, the department shall indicate whether the fire department received feedback from any affected firehouse and, if so, such specific affected firehouse that was conferred with, the method by which such firehouse provided feedback, and the date such feedback was provided. (Am. 2022 N.Y. Laws Ch. 790, 12/28/2022, eff. 6/26/2023; Am. 2023 N.Y. Laws Ch. 98, 3/3/2023, eff. 3/3/2023; Am. L.L. 2024/003, 1/6/2024, eff. 1/6/2024; Am. L.L. 2025/006, 1/18/2025, eff. 3/19/2025)

NYC Admin. Code § 19-101.3 Reporting requirement following the completion of major transportation projects.

§ 19-101.3 Reporting requirement following the completion of major transportation projects. a. For purposes of this section, "affected council member(s), senator(s), member(s) of assembly and community board(s)" and "major transportation project" shall have the same meanings as in section 19-101.2 of this chapter. b. Not more than eighteen months following the completion of a major transportation project, the department shall submit to the affected council member(s), senator(s), member(s) of assembly and community board(s) and shall post on the department's website the average number of crashes for the three years prior to the commencement of the major transportation project and the year subsequent to the completion of the major transportation project, disaggregated by the streets affected by the major transportation project, and disaggregated further by the number of motorists and/or injured or killed passengers, bicyclists and pedestrians involved. c. Simultaneous to providing the information required by subdivision b of this section, the department shall provide to the affected council member(s), senator(s), member(s) of assembly and community board(s) and shall post on the department's website other data related to the project including but not limited to speed data, vehicular volume data and vehicular level of service data to the extent such data is relevant to the project. Accompanying such data shall be an explanation of the data, along with the dates and times of the collection of such data, and similar data from prior to the commencement of the major transportation project. d. The department shall consult with the fire department and the police department regarding the effect a major transportation project has had on emergency vehicles, and shall report the results of such consultations with the information required by subdivisions b and c of this section. (Am. 2022 N.Y. Laws Ch. 790, 12/28/2022, eff. 6/26/2023; Am. 2023 N.Y. Laws Ch. 98, 3/3/2023, eff. 3/3/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2011/066.

NYC Admin. Code § 19-101.4 Online accessible list of pedestrian safety projects.

§ 19-101.4 Online accessible list of pedestrian safety projects. a. For the purposes of this section, the following terms shall be defined as follows: 1. "Accessible pedestrian signal" shall mean a device that communicates information about pedestrian signal timing in a nonvisual format. 2. "Accessible to people with disabilities" shall mean: i. A text equivalent for every non-text element is provided; ii. equivalent alternatives for any multimedia presentation are synchronized with the presentation; iii. web pages are designed so that all information conveyed with color is also available without color; iv. documents are organized so they are readable without requiring an associated style sheet; v. redundant text links are provided for each active region of a server-side image map; vi. client-side image maps are provided instead of server-side image maps except where the regions cannot be defined with an available geometric shape; vii. row and column headers are identified for data tables; viii. markup is used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers; ix. frames are titled with text that facilitates frame identification and navigation; x. pages are designed to avoid causing the screen to flicker with a frequency greater than 2 HZ and lower than 55 Hz; xi. a text-only page, with equivalent information or functionality shall be provided to make a web site comply with the provisions of this part, when compliance cannot be accomplished in any other way. The content of the text-only page shall be updated whenever the primary page updates; xii. when pages utilize scripting languages to display content, or to create interface elements, the information provided by the script is identified with functional text that can be read by assistive technology; xiii. when pages require that an applet, plug-in or other application be present on the client system to interpret page content, the page must provide a link to that plug-in or applet; xiv. when electronic forms are designed to be completed on-line the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues; xv. a method shall be provided that permits users to skip repetitive navigation links; and xvi. when a timed response is required, the user is alerted and given sufficient time to indicate more time is required. 3. "Bicycle lane" shall mean a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles. 4. "Exclusive pedestrian signal" shall mean a pedestrian control signal that allows pedestrians an exclusive interval at which to cross while traffic is stopped in all directions. 5. "Leading pedestrian signal" shall mean a pedestrian control signal that displays a walk indicator before a green indicator of a traffic control signal within the same intersection is displayed. 6. "Major transportation project" shall mean any project that, after construction, will alter four or more consecutive blocks or 1,000 consecutive feet of street, whichever is less, involving a major realignment of the roadway, including either removal of a vehicular lane(s) or full time removal of a parking lane(s) or addition of vehicular travel lane(s). 7. "Pedestrian plaza" shall mean an area designated by the New York city department of transportation for use as a plaza located within the bed of a roadway, which may contain benches, tables or other facilities for pedestrian use. b. The department shall post on its website, in a format accessible to people with disabilities: i. The location of all major transportation projects and all installations or removals of bicycle lanes, pedestrian plazas, leading pedestrian signals, exclusive pedestrian signals and accessible pedestrian signals. Such posting shall be made not less than seventy-two hours prior to the expected completion date of each project, installation or removal. ii. The location of all major transportation projects subject to section 19-101.2 of this code completed on or after January 1, 2010 and all bicycle lanes, pedestrian plazas, leading pedestrian signals, exclusive pedestrian signals and accessible pedestrian signals in existence on the effective date of this section. Such posting shall be made on or before the effective date of this section, except that all such leading pedestrian signals and exclusive pedestrian signals shall be posted on or before December 31, 2012.

NYC Admin. Code § 19-101.6 Notification of resurfacing work.

§ 19-101.6 Notification of resurfacing work. a. No later than two days prior to resurfacing any street, the department shall, where practicable, notify the police department and the fire department of such resurfacing work. Such notification shall include a description and location of such resurfacing work. b. Nothing in this section shall be construed to require the department to provide notification of resurfacing work that must be performed immediately in order to address unforeseen issues relating to public safety. c. 1. For any resurfacing work by the department that impacts the operations of any other agency or a public utility company, the department shall coordinate with such agency or company. 2. The department shall complete any resurfacing work within 15 business days after the completion of milling for such resurfacing, where practicable. 3. Where any such resurfacing work requires additional time to complete, the department shall post a notice on the department’s website and provide notice to the affected community board by electronic mail. Such notice shall include the reason the department requires additional time to complete such resurfacing and the new expected date of completion.* d. 1. For any resurfacing of a street by the department, the department shall, where practicable, ensure that pavement markings or temporary markings are installed within 5 business days after the completion of such resurfacing. 2. No later than March 1 of each year, the department shall submit to the mayor and the speaker of the council and post on the department’s website a report that includes:* (a) The number of streets where, during the preceding year, the department installed pavement markings following the resurfacing of such street, disaggregated by borough; (b) The percentage of such streets for which pavement markings or temporary markings were installed within 5 business days after the completion of such resurfacing; and (c) For any such resurfacing completed during the preceding year where pavement markings or temporary markings were not installed within 5 business days after the completion of such resurfacing, the reason they were not installed within such time. e. Definitions. For purposes of this section, the following terms have the following meanings: Milling. The term “milling” means the process of removing the top layer of a roadway for the purposes of resurfacing such roadway. Pavement markings. The term “pavement markings” means lines, shapes, and symbols installed on the roadway to direct the movement of vehicles, pedestrians, and cyclists. Temporary markings. The term “temporary markings” means lines, shapes, and symbols that show where the department intends to install pavement markings. (L.L. 2017/075, 5/10/2017, eff. 9/7/2017; Am. L.L. 2025/021, 3/15/2025, eff. 5/14/2025 and 3/15/2027; Am. L.L. 2025/028, 3/15/2025, eff. 5/14/2025 and 3/15/2027) * Editor's note: Pursuant to L.L. 2025/021 and L.L. 2025/028, subsections c.3. and d.2. are not effective until March 15, 2027.

NYC Admin. Code § 19-102 Unlawful use or opening of street.

§ 19-102 Unlawful use or opening of street. Except as otherwise provided by law, no person shall remove, open or otherwise disturb the pavement of, or excavate in, a public street, or use any part of a public street so as to obstruct travel therein (i) without a permit from the commissioner, and (ii) unless such removal, opening or other disturbance of the pavement or such excavation or use is carried out in accordance with the provisions of this subchapter and of section 24-521 of the code, the rules of the department in relation thereto and the terms and conditions of such permit. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-103 Permits.

§ 19-103 Permits. a. In addition to any of the requirements specified in this subchapter and except as hereinafter specifically provided, all permits issued by the commissioner pursuant to this subchapter shall be subject to the provisions of this section and any rules promulgated pursuant thereto. All applications for permits shall be submitted to the commissioner in such form and shall contain such information as the commissioner shall prescribe. b. Each permit shall be subject to such reasonable conditions as the commissioner may determine are necessary to protect public safety and to safeguard the interests of the city. c. The commissioner may require that an applicant for a permit deposit cash and/or a bond or other form of security with the city in an amount which the commissioner determines may be necessary to cover and pay all of the expenses, costs and liability that the city may incur as a result of the activity for which the permit is to be issued, to insure prompt compliance with the terms and conditions of the permit or to otherwise safeguard the interests of the city. d. The commissioner may suspend review of applications for permits pending (i) payment by an applicant of outstanding fines, civil penalties or judgments imposed or entered against such applicant by a court or the environmental control board pursuant to this subchapter, (ii) payment by an applicant of outstanding fees or other charges lawfully assessed by the commissioner against such applicant pursuant to this subchapter and/or (iii) satisfactory compliance by an applicant with a request for corrective action or order issued by the commissioner pursuant to this subchapter. e. 1. The commissioner may, after giving the permittee notice and an opportunity to be heard, revoke or refuse to renew a permit: (a) for failure to comply with the terms or conditions of such permit or the provisions of this subchapter or of section 24-521 of the code or the rules or orders of the department in carrying out the activity for which the permit was issued; (b) whenever there has been any false statement or any misrepresentation as to a material fact in the application or accompanying papers upon which the issuance of the permit was based; or (c) whenever a permit has been issued in error and the conditions are such that the permit should not have been issued. 2. Notwithstanding the foregoing provision, if the commissioner determines that an imminent peril to life or property exists, the commissioner may revoke a permit without affording the permittee an opportunity to be heard prior to such revocation. The permittee shall have an opportunity to be heard, in accordance with the rules of the department, within five days after such revocation. f. The commissioner may refuse to issue a permit to an applicant (i) who has exhibited a pattern of disregard for the provisions of this subchapter, of section 24-521 of the code, the rules or orders of the department in relation thereto or the terms or conditions of permits issued pursuant to such provisions, or (ii) who has been found liable by a court or in a proceeding before the environmental control board for a violation of any provision of this subchapter, of section 24-521 of the code, of a rule or order of the department in relation thereto or of a term or condition of a permit issued pursuant to such provision, which violation caused an imminent peril to life or property. g. The commissioner, consistent with article twenty-three-A of the correction law, may refuse to issue a permit if the applicant or any officer, principal, director or stockholder of such applicant owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which in the judgment of the commissioner has a direct relationship to fitness or ability to perform the activity for which the permit is required. h. 1. If the commissioner finds that a permittee or any employee, agent, independent contractor or other person engaged in performing an activity for which a permit has been issued has violated the terms or conditions of such permit or any provision of this subchapter or of section 24-521 of the code relating to the activity for which the permit has been issued or any order issued by or rule promulgated by the commissioner pursuant thereto or that a condition exists in any street which is in violation of a provision of this subchapter or of section 24-521 of the code or any order issued by or rule promulgated by the commissioner pursuant thereto, unless the condition is an imminent threat to life or safety, the commissioner may (i) notify the permittee or other responsible person of the condition found by the commissioner to constitute such violation and request that action be taken to correct the condition in such a manner and within such period of time as shall be set forth in such request, and (ii) afford such permittee or other responsible person an opportunity to contest the commissioner's finding in a manner to be set forth in the rules of the department. The commissioner may assess a fee for the administrative expense and the expense of additional inspections which the department may incur as a result of such condition. 2. The provisions of this subdivision shall not be construed to limit the power of the commissioner to take any other action authorized pursuant to this subchapter with respect to any violation, including but not limited to, the commencement of an action or proceeding in a court or before the environmental control board or to require that the commissioner resort to the procedure set forth in this subdivision as a prerequisite to the commencement of an action or proceeding in a court or before the environmental control board or the taking of any other action authorized pursuant to this subchapter with respect to a violation. i. As used in this section, the term "permit" includes a license. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-104 Revocable consents.

§ 19-104 Revocable consents. The issuance of revocable consents by the commissioner pursuant to this subchapter shall be subject to the provisions of chapter fourteen of the charter and the rules adopted by the commissioner pursuant thereto. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-105 Rules.

§ 19-105 Rules. The commissioner may promulgate rules to carry out the provisions of this subchapter and the policies and procedures of the department in connection therewith. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-106 Right of entry.

§ 19-106 Right of entry. The commissioner may enter in the day time upon any lands, tenements, hereditaments and waters which he or she shall deem necessary to be surveyed, used or converted, for the purpose of laying out and surveying streets, bridges, tunnels and approaches to bridges and tunnels. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-107 Temporary closing of streets.

§ 19-107 Temporary closing of streets. a. (i) Except as otherwise provided by law, it shall be unlawful for any person to close any street, or a portion thereof, within the jurisdiction of the commissioner, to pedestrian or vehicular traffic without a permit from the commissioner. (ii) The commissioner may temporarily close or may issue a permit to temporarily close to pedestrian or vehicular traffic any street, or a portion thereof, within his or her jurisdiction, when, in his or her judgment, travel therein is deemed to be dangerous to life, in consequences of there being carried on in such street activities such as building operations, repairs to street pavements, sewer connections, or blasting for the purpose of removing rock from abutting property, or upon advice from the police commissioner, fire commissioner or commissioner of the office of emergency management that such closure will promote or protect safety or life, or when such closure may be necessary for a public purpose. In such event, the commissioner shall make available to the community board and the council member, senator, and member of assembly in whose district such street is located information regarding any such closure which continues beyond five business days, state the reason or reasons for such closure and the estimated date for the street, or any portion thereof, to reopen. b. In the event that a publicly mapped street that is used for vehicular or vehicular and pedestrian access, for which vehicular access is fully closed for more than one hundred eighty consecutive days, the commissioner shall issue or cause to be issued a community reassessment, impact and amelioration (CRIA) statement that has been approved by the commissioner or other government entity initiating the street closure which shall be delivered to both the community board and the council member, senator, and member of assembly in whose district the street is located on or before the two hundred tenth day of the closure. Such CRIA statement shall contain the following: the objectives of the closure and the reasons why the continued street closure is necessary to attain those objectives, which in the case of a closure initiated by a local law enforcement agency for security reasons shall be satisfied by a statement from the local law enforcement agency that the street has been closed and will remain closed for security reasons; identification of the least expensive alternative means of attaining those objectives and the costs of such alternatives, or a statement and explanation as to the unavailability of such alternatives, which in the case of a closure initiated by a local law enforcement agency for security reasons shall be satisfied by a statement from the law enforcement agency that there are no alternative means available; how the continued street closure will impact access and traffic flow to and within the surrounding community, including but not limited to, access to emergency vehicles, residences, businesses, facilities, paratransit transportation and school bus services; and any recommendations to mitigate adverse impact and increase access to and within the area. In the case of a closure initiated for security reasons, the police department shall ensure that the CRIA statement does not reveal non-routine investigative techniques or confidential information or potentially compromises the safety of the public or police officers or otherwise potentially compromise law enforcement investigations or operations, provided that the issuance of the CRIA statement shall not be delayed beyond the required time period. The requirement for the issuance of a CRIA statement as described in this subdivision may be satisfied by delivery of an environmental assessment statement, environmental impact statement, or similar document required by law to be prepared in relation to the street closure. Prior to the issuance of a CRIA statement, the commissioner, in the case of a closure for which a permit issued by the department is required, shall hold at least one public forum, publicized in advance, in any affected community at which the community may register its input concerning any potential adverse impacts of the street closure, including but not limited to concerns regarding timeliness of emergency vehicle response and traffic congestion resulting in a potential increase in noise and any other adverse conditions caused by the closure. In the case of a street closure effectuated for security reasons by a local law enforcement agency, such law enforcement agency shall hold the public forum provided herein. Following the public forum(s), the council member, senator, and member of assembly in whose district the street closure is located may forward to the government entity which held the public forum(s) issues raised at the public forum(s) by the participants. The government entity which held the public forum(s) shall make its best efforts to respond to the issues raised, utilizing the expertise of other city agencies if appropriate, and shall provide such response to be appended to the CRIA statement. In the case that an environmental assessment statement, environmental impact statement, or similar document is substituted in lieu of the CRIA statement, as provided for above, the public forum provisions provided herein shall still apply. c. For purposes of this section, a "street closure" shall not include a street closure undertaken by a federal or state governmental entity. (Am. 2022 N.Y. Laws Ch. 790, 12/28/2022, eff. 6/26/2023; Am. 2023 N.Y. Laws Ch. 98, 3/3/2023, eff. 3/3/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104 and L.L. 2005/024.

NYC Admin. Code § 19-107.1 Open streets.

§ 19-107.1 Open streets. a. Definitions. For the purposes of this section, the following terms have the following meanings: Community organization. The term "community organization" means any formal or informal group of people or businesses with ties to the community who collaborate to manage or participate in the operations of an open street. Open street. The term "open street" means a street or segment of a street designated by the department as such, on which motor vehicle access is controlled by barriers and signage or other traffic calming measures, and on which priority is given to pedestrians, individuals using bicycles, and other non-vehicular street users. Special activation opportunity. The term “special activation opportunity” means a window of days or hours designated by the department during which the department or a community organization may operate an open street, in addition to the regular hours of operation of such open street. b. The department shall designate and manage open streets in accordance with this section and rules of the department. c. 1. An open street may be managed by the department or by a community organization designated by the department, provided that the department shall manage or provide resources for community organizations to manage no fewer than 20 open streets in areas underserved by open streets. At minimum, 10 of such open streets shall be no fewer than five blocks in length. 2. The department shall provide signage, street furniture and other equipment to any community organizations for the purpose of an open street, as available. d. Applications. 1. A community organization may submit to the department a proposal for designation of a street as an open street in accordance with this section and the rules of the department. A proposal may include an application to manage such street in accordance with this section and the rules of the department or to provide volunteers to assist with such management. Such application shall, at minimum, include: (a) Geographic bounds of the requested street or segment of a street; (b) Proposed duration and daily hours of operation; (c) Space on the roadway designated for use in the management of such proposed open street, including parking spaces; (d) Resources, if any, such organization proposes to contribute to the operation of the proposed open street or any other open street; (e) Resources, if any, requested from the department for the operation of such proposed open street; (f) Description of measures to facilitate use of the open street by people with disabilities; and (g) Proposed plan for how to maintain emergency vehicle access and any staffing plans. 2. The department shall offer a short-form application to renew the management of an open street. Such short-form application shall include an opportunity for an applicant to request any of the following: additional resources, traffic calming measures as specified in subdivision i, street furniture, accessibility improvements, or consideration of conversion of such street to a shared street. 3. A management agreement with a community organization shall not be required where the department provides for the management of an open street and such community organization provides volunteers to assist in such management. e. Selection. In exercising its discretion to designate an open street, the department shall consider the following factors: 1. Equitable distribution of open streets throughout the city; 2. The safety of all street users; 3. Existing parks, open streets or other open spaces and their current utilization; 4. The presence of bus routes, truck routes or medical facilities; 5. Access for commercial deliveries and emergency vehicles; 6. Existing access to public transportation and bicycle and pedestrian infrastructure; and 7. Proximity to existing pedestrian and bicycle infrastructure or parks. f. Outreach. The department shall conduct community outreach regarding the open streets application process, including applicant development, with priority given to neighborhoods with few community organization applicants or other measures of equity as determined by the department. g. Operation. Open streets shall be managed and operated in accordance with this section and rules of the department. In addition to any other requirement, such rules shall provide: 1. Open streets must be maintained in a manner that allows for emergency vehicle access at all times; 2. Subject to applicant interest and applicant or department resources, open streets may be operated for up to 24 hours per day and up to 366 days per year; 3. Procedures for the temporary suspension of an open street as necessary, including for safety, severe weather events, or any other purpose for which the department determines a suspension will benefit the community; 4. Proposed operational and maintenance plan for the open street, including how to maintain emergency vehicle access and any other staffing plans; 5. Procedures for the staffing of open streets, to include that the department may choose not to require staffing of open streets with sufficient traffic calming measures; 6. Procedures by which community organizations may create their own barriers, signage and street furniture that encourage sustainability and welcoming design, subject to the review and approval of the department; and 7. Procedures by which community organizations may expeditiously obtain permits related to programming on open streets. h. The department may, in accordance with its rules, provide for the closure of an open street to all motor vehicle traffic except as required for emergency access, where the department determines that such closure would benefit the community. i. Streetscape elements and design changes. On an annual basis, the department shall evaluate existing open streets to determine whether any such open streets could benefit from additional traffic calming measures and streetscape elements, including but not limited to conversion into a shared street or pedestrian plaza, bicycle parking, signage, street markings, bollards or street barriers, tree plantings, parking removal, street furniture and accessibility improvements, to include raising of the street grade. Any shared streets or pedestrian plazas created pursuant to this section shall satisfy the pedestrian space requirements in section 19-199.1. j. Prior to the designation of an open street, the department shall: 1. Consult with the fire department. The fire department shall confer with any firehouse whose response area includes the proposed open street, and submit to the department the specific firehouse that was conferred with, the feedback provided from any affected firehouse, the method by which such firehouse provided feedback, and the date such feedback was provided. The department shall include a certification of such consultation in the notice required by paragraph 2 of this subdivision. Such certification shall indicate whether the fire department received feedback from any affected firehouse and, if so, such specific affected firehouse that was conferred with, the method by which such firehouse provided feedback, and the date such information was provided; and 2. Provide notice to any affected council member, community board, and community organization. k. Section 19-107 shall not apply to the designation of a street or segment of a street as an open street pursuant to this section. l. Reporting. On an annual basis, the department shall submit to the mayor and the speaker of the council and post on the department's website a report evaluating the open streets program, including any recommendations for modifications or expansion. In addition, the department shall regularly post on the department's website an updated list of open streets, hours of operation and any temporary suspension. m. A community organization that manages an open street designated pursuant to this section may propose days or hours for a special activation opportunity for such open street, which may include Memorial Day, Juneteenth, Fourth of July, Labor Day, Halloween, or any other holiday or time period during which there is significant pedestrian traffic. The department may promulgate rules providing procedures for such community organization to propose such a special activation opportunity. (L.L. 2021/055, 5/13/2021, eff. 9/10/2021; Am. L.L. 2025/006, 1/18/2025, eff. 3/19/2025; Am. L.L. 2026/074, 3/27/2026, eff. 4/26/2026)

NYC Admin. Code § 19-108 Display of permit.

§ 19-108 Display of permit. a. A copy of any permit issued pursuant to this subchapter shall be kept on the site of the opening or use or at the designated field headquarters of the work with respect to which the permit was issued and shall be presented upon demand of a police officer or any authorized officer or employee of the department or of any other city agency. b. Corrective action request. If the commissioner finds that a permittee has violated this section or any rules promulgated pursuant thereto for the first time, the commissioner shall notify the permittee of such violation and request that action be taken to correct such violation in such a manner within 30 days and shall afford such permittee an opportunity to contest the commissioner's finding in a manner set forth in the rules of the department. The commissioner may assess a fee for the administrative expense and the expense of additional inspections which the department may incur as a result of such violation. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104 and L.L. 2021/080.

NYC Admin. Code § 19-109 Protection at work site.

§ 19-109 Protection at work site. a. Protective measures. Any person who removes, opens or otherwise disturbs the pavement of or excavates in a public street or uses any part of a public street so as to obstruct travel therein shall provide barriers, shoring, lighting, warning signs or other protective measures in accordance with the rules of the department, so as to prevent danger to persons and property, and such barriers, shoring, lighting warning signs or other protective measures shall be maintained in accordance with such rules until the work shall be completed, or the danger removed. b. Required signs. Legible signs shall be displayed at the site of such work in accordance with the rules of the department, indicating thereon the name of the permittee, the name of the person for whom the work is being done and the names of any contractors, when employed. c. Disturbance, prohibited. It shall be unlawful to throw down, displace or remove any barrier shoring, plate or warning sign or to extinguish or remove any light thereon or on any obstruction in any street, without the written consent of the commissioner or without the consent of the person superintending the work or materials protected thereby. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-110 Liability for damage.

§ 19-110 Liability for damage. In all cases where any person shall engage in any activity for which a permit is required pursuant to this subchapter, such person shall be liable for any damage which may be occasioned to persons, animals or property by reason of negligence in any manner connected with the work. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-111 Curbs.

§ 19-111 Curbs. All curbs for the support of sidewalks hereafter to be laid shall be of the material or materials, dimensions and construction required in department specifications for such work, which shall be prescribed by the commissioner and kept on file in his or her office. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-112 Ramps on curbs.

§ 19-112 Ramps on curbs. In the construction and installation of all new and reconstructed curbs at corner located street intersections and pedestrian crosswalks not located at street intersections, provision shall be made for the installation of the following: two ramps at corners located at street intersections and one ramp at pedestrian crosswalks not located at street intersections. Such ramps shall be no less than four feet wide and shall blend to a common level with the roadway. If a common level is unobtainable, then the lip of such ramps shall not exceed a maximum of five-eights of an inch and shall have a rounded edge. The slope of such ramp shall not exceed eight per cent. This section shall apply to all construction of new curbs and to all replacement of existing curbs. The commissioner shall have discretion to waive one of the two mandatory ramps at corners located at street intersections where any of the following obstacles exists preventing construction of such ramp within an intersection: fire hydrants, light poles, traffic signals, fire alarms, or free-standing police alarms, underground vaults, tunnels, utility maintenance holes (manholes), chambers or where the gradient of the street on which the ramp is to be located or an intersecting street exceeds a gradient of 1:8. The commissioner may waive the construction of both such ramps where the existence of underground vaults, tunnels, utility maintenance holes (manholes) and chambers would either prevent the safe construction of such ramps or render impossible the construction of such ramps to proper specifications without removal of said underground installations. A certification to such effect shall be made part of the engineering design documents for such construction, and a copy thereof shall be filed with the city clerk. Curbs for non-pedestrian routes, such as, but not limited to, service paths for highways and pedestrian restricted traffic islands shall not be subject to the provisions of this section. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-113 Construction generally.

§ 19-113 Construction generally. a. Streets of twenty-two feet in width and upward shall have sidewalks on each side thereof. b. The materials and construction of streets, including the width of the sidewalks thereon, shall fully conform to department specifications for such work, all of which shall be prescribed by the commissioner and kept on file in his or her office. c. Department specifications for streets shall include a requirement that asphaltic concrete, other than I-4 mix or other heavy duty asphaltic concrete mix approved by the commissioner, shall contain not less than thirty percent reclaimed asphalt pavement, as measured by weight, and I-4 mix or other approved heavy duty asphaltic concrete mix shall contain not less than ten percent reclaimed asphalt pavement, as measured by weight. In setting forth such specifications, the department shall make best efforts to encourage the greatest use of reclaimed asphalt pavement possible. This subdivision shall not apply to asphaltic concrete used in a project where the content of asphaltic concrete is governed by a federal or state law, rule, regulation, guideline or specification that requires a different composition. The commissioner may waive compliance with this subdivision if the commissioner, after consulting with the commissioner of buildings and the owners or persons in charge of all asphalt plants located within the city, finds that a sufficient supply of reclaimed asphalt pavement is not available. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104 and L.L. 2011/071.

NYC Admin. Code § 19-114 Excavations or embankments near landmarks.

§ 19-114 Excavations or embankments near landmarks. The commissioner shall cause a covenant to be incorporated in all contracts hereafter made by him or her for constructing, regulating or repairing any street, requiring the contractor to obtain the permit required pursuant to section 3-508 of the code and to take such other precautions for the care and preservation of monuments, bolts and other landmarks as the commissioner may direct. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-115 Paving, generally.

§ 19-115 Paving, generally. All streets shall be paved and arched in full accordance with department specifications for such work, which shall be prescribed by the commissioner and kept on file in his or her office. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-116 Paving by abutting owners.

§ 19-116 Paving by abutting owners. The commissioner may issue a permit to allow any person or persons to pave the street opposite to his, her or their property, where the same shall extend from the intersection of one cross street to the intersection of another. Such work shall be done in conformity with the rules and specifications of the commissioner and subject to such conditions as he or she may impose. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-117 Licensing of vaults.

§ 19-117 Licensing of vaults. a. Limitation. It shall be unlawful for any person to erect or build, or cause or permit any vault to be made without a license issued by the commissioner pursuant to this section or a revocable consent issued pursuant to chapter fourteen of the charter and the rules adopted by the commissioner pursuant thereto. All vaults shall be constructed in accordance with the provisions of the building code of the city of New York. A license issued pursuant to this section shall not authorize the construction of a vault which extends further than the line of the sidewalk or curbstone of any street. b. Licenses. Every application for a license to erect a vault shall be in writing, signed by the person making the same, and shall state the intended length and width of such vault and the number of square feet of ground which is required therefor. c. Compensation. Upon receiving such license the applicant therefor shall forthwith pay to the commissioner such sum as the commissioner shall certify in the license to be a just compensation to the city for such privilege, calculated at the rate of not less than thirty cents, nor more than two dollars, per foot, for each square foot of ground mentioned as required for such vault. d. Measurement. In the case of a new vault, before the arching or covering thereof shall be commenced, the person to whom the license for such vault shall have been granted shall cause the same to be measured by a city surveyor. Such surveyor shall deliver to the commissioner, a certificate, signed by the surveyor, specifying the dimensions of the vault. The certificate shall be accompanied by a diagram showing the square foot area of the vault, including its sustaining walls, and indicating its location relative to the building and curb lines and to the nearest intersecting street corner. In the case of an existing vault, the person claiming the right to the use thereof shall furnish a like certificate and diagram in respect thereof, but in such case the measurement shall exclude the sustaining walls. e. Refunds. If, from subsequent measurements, it shall appear that less space has been taken than that paid for, the licensee shall be entitled to receive a certificate from the commissioner showing the difference. Upon the presentation of such certificate of difference to the comptroller, the comptroller shall pay a rebate to the licensee, the amount of which shall be the difference in money between the space fee originally paid and the fee for space actually taken. f. Unauthorized encroachments. If it shall appear that the vault or cistern occupies a grater number of square feet than shall have been so paid for, the owner thereof shall, in addition to the penalty imposed for such violation pursuant to section 19-149 or 19-150 of this subchapter, forfeit and pay twice the sum previously paid for each square foot of ground occupied by the vault over and above the number of square feet paid for as aforesaid. g. Responsibility. The master builder who shall complete or begin the construction of a vault, and the owner or person for whom the same shall be excavated or constructed shall be subject to the provisions and payments of this section and sections 19-118, 19-119, and 19-120 of this subchapter and to the penalties for violations thereof, severally and respectively. h. Exemption. Openings over which substantial and securely fixed gratings of metal or other noncombustible material have been erected in accordance with the provisions of this section and sections 19-118, 19-119 and 19-120 of this subchapter, shall be exempted from payment of fees for licenses for vaults, provided such openings be used primarily for light and ventilation, and provided such gratings are of sufficient strength to sustain a live load of three hundred pounds per square foot and are constructed with at least forty percent of open work. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-118 Construction.

§ 19-118 Construction. All vaults shall be constructed of materials conforming to the requirements of the building code of the city of New York, and so that the outward side of the grating or opening into the street shall be either within twelve inches of the outside of the curbstone of the sidewalk, or within twelve inches of the coping of the area in front of the house to which such vault shall belong. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-119 Vault openings; protection of.

§ 19-119 Vault openings; protection of. It shall be unlawful for any person to remove or insecurely fix, or cause, procure, suffer or permit to be removed or to be insecurely fixed, so that the same can be moved in its bed, any grate or covering or aperture of any vault or chute under any street. However, the owner or occupant of the building with which such vault is connected, may remove such grate or covering for the proper purpose of such vault or chute. The opening or aperture shall be inclosed, while such grate or covering be removed, with a strong box or curb at least twelve inches high, firmly and securely made. Openings of more than two square feet of superficial area shall be inclosed at such times with strong railings not less than three feet high, to be approved by the commissioner. Such grates or coverings shall not in any case be removed until after sunrise of any day and shall be replaced before one-half hour after sunset. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-120 Vault covers must afford secure footing.

§ 19-120 Vault covers must afford secure footing. The commissioner may order the removal and replacement of vault covers which are broken or present a slippery surface in the manner provided in the rules of the department. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-121 Construction and excavation sites; storage of materials and equipment on street.

§ 19-121 Construction and excavation sites; storage of materials and equipment on street. a. Permit. It shall be unlawful for any person to obstruct, or cause to be obstructed, any portion of a street with construction materials or equipment, unless authorized by a permit issued by the commissioner. b. Conditions. In addition to any other conditions which may be set forth in such permit or in the rules of the department, the following conditions shall apply: 1. Any permit granted pursuant to this section shall be posted in a conspicuous place on or near the material or equipment or kept on the site or in the designated field headquarters of the work with respect to which the permit was issued so as to be readily accessible to inspection. 2. Sidewalks, gutters, crosswalks and driveways shall at all times be kept clear and unobstructed, and all dirt, debris and rubbish shall be promptly removed therefrom. The commissioner may authorize encumbrance of the sidewalk with equipment or material in a manner which will not prevent the safe passage of pedestrians on such sidewalk. 3. The outer surface of such construction material or equipment shall be clearly marked with high intensity fluorescent paint, reflectors, or other marking which is capable of producing a warning glow when struck by the headlamps of a vehicle or other source of illumination. 4. All construction material and equipment shall have printed thereon the name, address and telephone number of the owner thereof. 5. In a street upon which there is a surface railroad, construction materials or equipment shall not be placed nearer to the track than five feet. 6. The street under such construction material or equipment shall be shielded by wooden planking, skids or other protective covering approved by the com- missioner. 7. Construction material or equipment shall not obstruct a fire hydrant, bus stop or any other area as set forth in the rules of the department the obstruction of which would impair the safety or convenience of the public. c. Removal of unauthorized obstructions. The commissioner may remove any construction material or equipment placed in or upon any street in violation of this section, the rules of the department or the terms or conditions of a permit issued pursuant to this section. If the identity and address of the owner is reasonably ascertainable, notice of the removal shall be sent to the owner within a reasonable period of time after the removal. If such material or equipment is not claimed within thirty days after its removal, it shall be deemed to be abandoned. If the equipment is a vehicle, its disposition shall be governed by section twelve hundred twenty-four of the vehicle and traffic law. All other unclaimed material or equipment may be sold at public auction after having been advertised in the City Record and the proceeds paid into the general fund or such unclaimed material or equipment may be used or converted for use by the department or by another city agency or by a not-for-profit corporation engaged in the construction of subsidized housing. Material or equipment removed pursuant to this subdivision shall be released to the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set forth in the rules of the department and any fines or civil penalties imposed for the violation or, if an action or proceeding for the violation is pending in court or before the environmental control board, upon the posting of a bond or other form of security acceptable to the department in an amount which will secure the payment of such costs and any fines or civil penalties which may be imposed for the violation. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-122 Removal of debris.

§ 19-122 Removal of debris. Any person other than the commissioner of environmental protection or the commissioner of design and construction, who may hereafter pave or cause to be paved any street, shall remove the sand, dirt, rubbish or debris from such street and every part thereof, within seven days after the pavement shall have been completed. In addition to any penalties which may be imposed for violation of this section, either commissioner may cause such sand, dirt, rubbish or debris to be removed at the expense of the party neglecting or refusing so to do, who shall be liable for the amount expended by the city. This section shall be so construed as to apply to the removal of all sand, dirt, rubbish or debris collected in any part of any and all streets covered by any pavement so done or laid, or excavation that may have been made, or other work done in pursuance thereof. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104 and L.L. 1995/077.

NYC Admin. Code § 19-123 Commercial refuse containers.

§ 19-123 Commercial refuse containers. It shall be unlawful for any person using a commercial refuse container or the owner or lessee thereof to place or to permit the placement of such container on any street unless the owner of such container has obtained a permit therefor from the commissioner and unless such container is in compliance with the provisions of this section and the rules of the department in relation thereto. Commercial refuse containers may be placed temporarily on the street for such purposes and in such manner as the commissioner shall prescribe. Such containers shall not be used for the deposit of putrescible waste. The name and address of the owner of the container and the permit number shall be posted on the container in the manner provided in the rules of the department. The container shall be painted with a phosphorescent substance, in a manner to be set forth in the rules of the department, so that the dimensions thereof shall be clearly discernible at night. The street under such container shall be shielded by wooden planking, skids or other protective covering approved by the commissioner. The provisions of this section which require the owner of a container to obtain a permit prior to the placement of such container on the street shall not apply to containers which are specifically authorized to be placed on the street under a permit issued pursuant to section 19-121 of this subchapter. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-124 Canopies.

§ 19-124 Canopies. a. Permit required. It shall be unlawful to erect or maintain a canopy over the sidewalk without a permit granted by the commissioner, and unless such canopy is erected and maintained in accordance with this section and the rules of the department. Such canopies may be erected and maintained: 1. In connection with the entrance to a building or place of business within a building by or with the consent of the owner of the building. 2. In connection with a sidewalk cafe licensed by the commissioner of consumer and worker protection. Such canopies shall be constructed of a noncombustible frame, covered with flameproof canvas or cloth, approved slow-burning plastic, sheet metal or other equivalent material, securely fastened to the face of the building and supported by posts in the ground or in the sidewalk, located between the building line and the curb line, and not less than eight feet above the sidewalk. b. Permit conditions. A permit may be issued by the commissioner to erect and maintain a canopy over the sidewalk of any street, in accordance with the rules of the department if deemed by the commissioner as adequate in respect to public safety and convenience and the special circumstances of the particular street or streets. Evidence of the issuance of such permit in a form prescribed by the commissioner shall be displayed at all times and in such manner as the commissioner may direct. No such permit may be issued in streets listed as "restricted streets" in the rules of the department, nor where such permit would extend a non-conforming use in a residence district, as defined by the zoning resolution of the city. c. Permit fees. Prior to the issuance of such permit, each applicant shall pay to the commissioner an annual fee as set forth in the rules of the department, except that the fee for a permit for a canopy in connection with a sidewalk cafe licensed by the commissioner of consumer and worker protection shall be twenty-five dollars. d. Term; transferability. 1. Each permit shall expire one year from the date of issuance thereof unless sooner revoked by the commissioner. 2. A permit issued hereunder shall not be transferable from person to person or from the location for which it is originally issued. e. Advertising prohibited. It shall be unlawful to paint, print, stencil or otherwise erect, attach or maintain any advertising sign, picture, flag, banner, side curtain or other device upon any canopy except that it shall be lawful to paint, imprint or stencil directly upon a canopy, within the character and area limitations prescribed by the zoning resolution of the city, the house or street number and/or firm name or duly filed trade name limited to identification and excluding any descriptive words contained in such firm name or duly filed trade name tending to advertise the business conducted in such premises. f. Obstructing of egress prohibited. No part of any canopy shall be located beneath a fire escape or so located as to obstruct operation of fire escape drop ladders or counterbalanced stairs or so as to obstruct any exit from a building. g. Violations. The owner or agent of any building and the owner, lessee, tenant, manager or agent in charge of any portion of a building for the use or benefit of which an awning or canopy is erected or maintained shall be liable for a violation of this section. h. Rules. The commissioner may, except as otherwise provided by law, make rules for the design, construction and maintenance of canopies within the lines of any street and for the removal, storage and disposal of unauthorized canopies as he or she may deem necessary for the safety and convenience of the public. i. Removal of unauthorized canopies. 1. Notwithstanding any provision of law the commissioner may serve an order upon the owner of any premises requiring such owner to remove or to cause to be removed any unauthorized canopy fastened to or erected in front of his or her building, within a period to be designated in such order. Upon the owner's failure to comply with such order as and within the time specified therein, the department may remove such canopy or cause the same to be removed, the cost of which shall be due and payable and shall constitute a lien against the premises to which such canopy may be attached or in front of which it may be erected when the amount thereof shall have been definitely computed by such department and an entry of the amount thereof shall have been entered in the office of the city collector in the book in which such charges against the premises are to be entered. A notice thereof, stating the amount due and the nature of the charge shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills, or where no name appears, to the premises addressed to either the owner or the agent. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to collect and receive interest thereon at the rate that would be applicable to a delinquent tax on such property, to be calculated to the ate of payment from the date of entry. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises. Such charge and interest shall be collected and the lien thereof may be foreclosed in the manner provided by law for the collection and foreclosure of the lien of such taxes, sewer rents, sewer surcharges and water rents due and payable to the city, and the provisions of law applicable to the collection and foreclosure of the lien of such taxes, sewer rents, sewer surcharges and water rents shall apply to such charge and the interest thereon and the lien thereof. 2. Service of an order upon an owner pursuant to the provisions of this section shall be made personally upon such owner or by certified mail addressed to the last known address of the person whose name appears upon the records in the office of the city collector as being the owner of the premises or as the agent of such owner or as the person designated by the owner to receive the tax bills or, if no such name appears, at the address set forth as the address of the owner in the last recorded deed with respect to such premises. A copy of such order shall also be filed in the clerk's office of each county where the property is situated and posted in a conspicuous place on the premises. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104 and L.L. 2020/080.

NYC Admin. Code § 19-124.1 Banners.

§ 19-124.1 Banners. a. Permit required. It shall be unlawful to install, place, affix or attach a banner on any property within the jurisdiction of the department without first obtaining a permit from the commissioner. b. Permit conditions. The commissioner may issue permits for the display of banners promoting cultural exhibits and events or public or historical events which foster tourism or enhance the image of the city. The commissioner may issue permits to business improvement districts, local development corporations or other organizations that have received commercial revitalization program funds from the department of small business services, otherwise known as CRP fund recipients, within the past year for the display of banners within the areas of the business improvement district, local development corporation or CRP fund recipient that are designed to provide information about such areas to the general public. c. Advertising prohibited. Banners shall contain no advertisements. The trade name or logo of the sponsor of the event may be placed on the banner but shall occupy no more than ten percent of the banner in total. It shall be unlawful to install, place, affix or attach a banner on any property within the jurisdiction of the department which contains a sponsor trade name or logo without the specific prior authorization of the commissioner. d. Obstruction of egress prohibited. No part of any banner shall be located beneath a fire escape or so located as to obstruct operation of fire escape drop ladders or counterbalanced stairs or so as to obstruct any exit from a building. e. Rules. The commissioner may, except as otherwise provided by law, promulgate rules pertaining to banner permit conditions, permit fees, permit transferability and permit revocation, and for the design, installation, inspection, maintenance, and removal of banners on any property within the jurisdiction of the department as the commissioner may deem necessary for the safety and convenience of the public. f. Corrective action request. If the commissioner finds that any person has violated subdivision c of this section or any rules promulgated pursuant thereto for the first time, the commissioner shall notify such person of such violation and request that action be taken to correct such violation in such a manner within 30 days and shall afford such person an opportunity to contest the commissioner's finding in a manner set forth in the rules of the department. The commissioner may assess a fee for the administrative expense and the expense of additional inspections which the department may incur as a result of such violation. (L.L. 2021/080, 7/18/2021, eff. 11/15/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.

NYC Admin. Code § 19-125 Posts and poles.

§ 19-125 Posts and poles. a. General provisions. It shall be unlawful for any person to erect any post or pole in any street unless under a permit or revocable consent of the commissioner. b. Flagpole sockets. It shall be permissible, by and with a permit of the commissioner and with the permission of the owners of abutting property, for any organization of military, naval and marine war veterans to place in sidewalks near the curb, at suitable distances apart, sockets to be used only for the placing therein of stanchions or poles on which to display American flags to be used on patriotic occasions, public celebrations, or in connection with public parades. c. Barber poles. The commissioner may grant permits for the placement of barber poles, not exceeding eight feet in height above the sidewalk level, and other emblematic signs within the stoop-lines or fastened to the railing of any stoop, by or with the consent of the occupant of the ground floor thereof, but not beyond five feet from the house line or wall of any building where the stoop-line extends further, except on streets where the stoop-lines have been abolished. d. Ornamental lamp-posts. It shall be permissible by and with a revocable consent granted by the commissioner and with the permission of the owner of the abutting property to install ornamental posts, surmounted by lamps, on sidewalks, near the curb in front of hotels, places of worship, theatres, railroad stations, places of business, apartment houses and places of public assemblage. No such post shall exceed in dimensions at the base more than eighteen inches in diameter, if circular in form, or, if upon a square base, no side thereof shall exceed eighteen inches. Each bulb installed and maintained on each of the lamp-posts to be erected shall be lighted and remain lighted every night, during the hours in which public street lamps are illuminated. The installation and maintenance of such poles and lamps and the power supplied shall be at the expense of the person to whom the consent is granted. e. Notwithstanding any provision of law to the contrary, any business subject to the provisions of subdivision a of this section, and any organization of military, naval and marine war veterans subject to the provisions of subdivision b of this section which displays the flag of the United States on its property or on patriotic occasions, public celebrations, or in connection with public parades shall be required to obtain a permit or revocable consent for the erection of a post or pole for such display but shall be exempt from any fee normally charged by the department for the maintenance or erection of a post, flagpole or flagpole socket for that purpose. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-126 Building, structure and crane moving.

§ 19-126 Building, structure and crane moving. a. It shall be unlawful for any person to use, move, or remove, or to cause or permit to be used, moved or removed, or to aid or assist in using, moving or removing, any building, structure, or crane, used in connection with the construction, repair or demolition of buildings or other structures within the building line into, along or across any street, without a permit from the commissioner. b. The applicant for such a permit, where there are car tracks or overhead wire construction, must obtain and file with the application the consent of the company affected. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-127 Use of hand trucks on the streets.

§ 19-127 Use of hand trucks on the streets. a. It shall be unlawful for any person to use hand trucks for commercial purposes upon any street unless each hand truck shall have attached thereon a sign or plate displaying the name and address of the owner of the hand truck, in letters not less than one inch in size. b. Corrective action request. If any person violates subdivision a of this section or any rules promulgated pursuant thereto for the first time, the commissioner shall notify such person of such violation and request that action be taken to correct such violation in such a manner within 30 days and shall afford such person an opportunity to contest the commissioner's finding in a manner set forth in the rules of the department. The commissioner may assess a fee for the administrative expense and the expense of additional inspection which the department may incur as a result of such violation. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104 and L.L. 2021/080.

NYC Admin. Code § 19-128 Damaged or missing signs and signals.

§ 19-128 Damaged or missing signs and signals. a. For the purposes of this section, the following terms shall be defined as follows: (i) "priority regulatory sign" shall mean a stop sign, yield sign, do not enter sign, or one way sign; (ii) "traffic control signal" shall have the same meaning as set forth in section one hundred fifty-four of the vehicle and traffic law or any successor provision thereto. b. The department shall maintain a log of notices regarding priority regulatory signs and traffic control signals that are missing or damaged to the extent that any such sign or signal is not operational, visible or legible to a motorist who must obey or rely upon such sign or signal. Such log shall include the date and time such notice was received and the date and time on which such priority regulatory sign or traffic control signal was repaired or replaced, or the date on which a determination was made that repair or replacement was not warranted and the reason for such determination. c. The department shall within three business days of receiving notice that a stop sign, yield sign or do not enter sign is missing or damaged to the extent that such sign is not visible or legible to a motorist who must obey or rely upon such sign either (i) repair or replace such sign or (ii) make a determination that repair or replacement is not warranted. d. The department shall within seven business days of receiving notice that a one way sign is missing or damaged to the extent that such sign is not visible or legible to a motorist who must obey or rely upon such sign either (i) repair or replace such sign or (ii) make a determination that repair or replacement is not warranted. e. Within twenty-four hours of receiving notice that a traffic control signal is missing or damaged to the extent that such signal is not operational or visible to a motorist who must obey or rely upon such signal the department shall: (i) repair or replace such signal, (ii) implement alternative measures to control traffic if such repair or replacement will take greater than twenty-four hours, or (iii) make a determination that repair or replacement is not warranted. f. This section shall not apply with regard to traffic control signals at a location where multiple traffic control signals are present and facing the same direction in the same intersection and one or more of such signals remains operational. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-128.1 Newsracks.

§ 19-128.1 Newsracks. a. Definitions. For purposes of this section, the following terms have the following meanings: Board. The term “board” means the environmental control board within the office of administrative trials and hearings. Corner area. The term “corner area” means an area of a sidewalk encompassed by the extension of the building lines to the curb on a corner, or, where there is no building, an area of a sidewalk encompassed by the extension of the property lines to the curb on a corner. Corner quadrant. The term “corner quadrant” means an area of a sidewalk extending 10 feet from either side of a corner area. Crosswalk. The term “crosswalk” means a portion of a roadway, whether marked or unmarked, that is included within the extension of the sidewalk lines between opposite sides of the roadway at an intersection, or any portion of a roadway at an intersection or elsewhere designated or indicated for pedestrian crossing by lines or other markings on the surface. Crosswalk area. The term “crosswalk area” means an area of a sidewalk bounded by the extension of the lines of a crosswalk onto the sidewalk up to the building or property line. Multi-rack newsrack. The term “multi-rack newsrack” means a newsrack that is designed with multiple enclosed compartments to accommodate the display, sale, or distribution of multiple publications to the general public. Newsrack. The term “newsrack” means a self-service or coin-operated box, container, or other dispenser installed, used, or maintained for the display, sale, or distribution of publications to the general public. Owner. The term “owner” means a natural person, partnership, corporation, limited liability company, or other association that owns 1 or more newsracks. Publication. The term “publication” means a newspaper, periodical, or other similar written material. Sidewalk block. The term “sidewalk block” means an area of a sidewalk spanning from one intersection to the next intersection. Single newsrack. The term “single newsrack” means a newsrack that is designed to accommodate the display, sale, or distribution of no more than 1 publication to the general public. b. Requirements. It shall be a violation for any person to place, install, or maintain a newsrack on any sidewalk unless such newsrack is in compliance with the provisions of this section. 1. Newsracks shall conform to standards set forth in rules of the department relating to the size and shape of such newsracks and materials used to construct such newsracks. Whenever any newsrack is found to be in violation of any such rules, the commissioner shall issue a notice of correction by email to the owner or person in control of such newsrack. The commissioner shall cause photographic evidence of such violation to be taken. Such evidence shall be sent by email together with such notice of correction. Such owner or person in control shall cause such violation to be corrected within 30 business days from the date on which the commissioner sends by email such notice of correction. 2. No newsrack shall include photographs or be used for advertising or promotional purposes, other than announcing the name or website or both of any publication offered for distribution in such newsrack, provided that a publication may display the logo of such publication on the door of a single newsrack or compartment in a multi-rack newsrack in which such publication is offered, in a size not to exceed 50 percent of the door space. 3. Each newsrack used to sell publications shall be equipped with a coin return mechanism in good working order so as to permit a person to secure a refund in the event that the newsrack malfunctions. 4. The owner shall affix to the newsrack the owner’s name, address, telephone number, and email address in a readily visible location on the front or side of the newsrack and shall conform such information to any changes required to be reported to the department in accordance with the provisions of subdivision c of this section. In no event shall a post office box be considered an acceptable address for purposes of this paragraph. 5. Subject to the limitations set forth in this section, newsracks shall be placed near a curb. 6. A newsrack shall not be placed, installed, or maintained: (a) within 15 feet of any fire hydrant; (b) in any driveway or within 10 feet of any driveway; (c) in any curb cut or pedestrian ramp designed to facilitate street access by disabled persons; (d) within 15 feet of the entrance or exit of any railway station or subway station; (e) within any bus stop; (f) within 5 feet of a crosswalk area; (g) within a corner quadrant; (h) on any surface where such installation or maintenance will cause damage to or will interfere with the use of any pipes, vault areas, telephone or electrical cables, or other similar locations; (i) on any cellar door, grating, utility maintenance cover, or other similar locations, or within 5 feet of any cellar door; (j) on, in, or over any part of the roadway of any public street; (k) on any sidewalk, unless 8 feet of sidewalk width is preserved for unobstructed pedestrian passage; (l) in any park or on any sidewalk immediately contiguous to a park where such sidewalk is an integral part of the park design, such as the sidewalks surrounding Central Park or Prospect Park; (m) on any area of lawn, flowers, shrubs, trees, or other landscaping, or in such a manner that use of the newsrack would cause damage to such landscaping; (n) within 5 feet of any bench or other street furniture; (o) within 5 feet of a bikeshare station; (p) within 8 feet of a bicycle rack; (q) within 5 feet of a water sampling station of the department of environmental protection; or (r) where such placement, installation, or maintenance endangers the safety of persons or property. Any limitation on the placement or installation of newsracks pursuant to this paragraph shall be no more restrictive than necessary to ensure the safe and unobstructed flow of pedestrian and vehicular traffic, and otherwise to assure the safety of persons and property. 7. The department shall develop standards regarding the placement of newsracks, including, but not limited to, the manner in which newsracks shall be placed or installed to prevent newsracks from tipping over. In the event of noncompliance with such standards, the commissioner shall issue a notice of correction as provided in subparagraph (a) of paragraph 1 of subdivision f of this section. c. Notification to city of location of newsrack. 1. (a) Where a newsrack has been placed or installed on a sidewalk before the effective date of this section, the owner or person in control of such newsrack shall, within sixty days after such effective date, submit to the commissioner a form identifying: (i) the address of such newsrack; (ii) the name of the newspaper(s) or written matter to be offered for distribution in such newsrack; and (iii) the name, address, telephone number, and email address of the owner or person in control of such newsracks; and representing that such newsracks comply with the provisions of this section. (b) Any other owner or person in control of a newsrack shall, prior to placing or installing such newsrack on a sidewalk, submit to the commissioner a form providing the information in clauses (ii) and (iii) of subparagraph (a) of this paragraph. 2. Subsequent to the initial notification requirements set forth in paragraph 1 of this subdivision, the owner or person in control of any newsrack shall submit the information set forth in subparagraph (a) of such paragraph once a year to the commissioner in accordance with a notification schedule to be established by the commissioner. However, if the number of newsracks owned or controlled by such owner or person increases or decreases by 10 percent or more of the number of newsracks that have been included in the most recent notification required to be submitted by such owner or person, such owner or person shall also be required to submit the information set forth in such paragraph within 5 business days of such change, and provided, further, that such owner or person shall advise the department of any change in such owner or person’s name or email address within 5 business days of such change. 3. Notification to the city, as required by paragraphs 1 and 2 of this subdivision, shall be submitted to the department electronically. d. Indemnification and insurance. 1. Each owner of a newsrack placed or installed on any sidewalk shall indemnify and hold the city harmless from any and all losses, costs, damages, expenses, claims, judgments, or liabilities that the city may incur by reason of the placement, installation, or maintenance of such newsrack, except to the extent such damage results from the negligence or intentional act of the city. 2. Each owner of a newsrack placed or installed on any sidewalk shall maintain a general liability insurance policy naming the city of New York, and its departments, boards, officers, employees, and agents as additional insureds for the specific purpose of indemnifying and holding harmless those additional insureds from and against any and all losses, costs, damages, expenses, claims, judgments, or liabilities that result from or arise out of the placement, installation, or maintenance of any newsrack. The minimum limits of such insurance coverage shall be no less than $300,000 combined single limit for bodily injury, including death, and property damage, except that any owner who maintains an average of 100 or more newsracks at any one time shall maintain such minimum insurance coverage of $1,000,000. An insurance certificate demonstrating compliance with the requirements of this subdivision shall be submitted annually by December 31 to the commissioner by the owner of such insured newsracks. Should said policy be called upon to satisfy any liability for damages covered by said policy, the policy must be of such a nature that the original amount of coverage is restored after any payment of damages under the policy. Failure to maintain a satisfactory insurance policy pursuant to this subdivision or failure to submit an annual insurance certificate to the commissioner pursuant to this subdivision, shall be deemed a violation of this section subject to subparagraph (b-1) of paragraph 1 of subdivision f of this section. e. Maintenance, continuous use, repair and removal. 1. Any person who owns or is in control of a newsrack shall, once every 4 months, repaint each newsrack under such person’s ownership or control, and remove from each such newsrack any graffiti or other unauthorized writing, painting, drawing, or other markings or inscriptions. If the department determines that an owner or person in control of a newsrack has not repainted or removed graffiti or other unauthorized writing, painting, drawing, or other markings or inscriptions at least once every 4 months as required by this paragraph, or upon a determination by the department that an owner or such person failed to comply with any other provision of this paragraph, the department shall issue a notice of violation in accordance with subparagraph b-1 or b-2 of paragraph 1 of subdivision f of this section. 2. Any person who owns or is in control of a newsrack shall ensure that each newsrack under such person’s ownership or control is not used as a depository for the placement of refuse and shall remove any refuse placed within such newsrack within 48 hours of receipt of a notice of correction from the commissioner as provided in paragraph 1 of subdivision f of this section regarding such condition. 3. In no event shall the owner or person in control of a newsrack fail to keep such newsrack supplied with written matter for a period of more than seven consecutive days without securing the door so as to prevent the deposit of refuse therein. In no event shall such newsrack remain empty for a period of more than thirty consecutive days. 4. Any newsrack that has been damaged or is in need of repair shall be repaired, replaced, or removed by the owner or person in control of such newsrack within 3 business days of the date on which the commissioner sends by email a notice of correction as provided in paragraph 1 of subdivision f of this section regarding such damage or need for repair. If such newsrack has been damaged, or if it is in a state of disrepair, such that it constitutes a danger to persons or property, it shall be made safe within 2 business days from the date on which the commissioner sends by email such a notice of correction regarding such condition. 5. Any damage to city property resulting from the placement, installation, maintenance or removal of a newsrack shall be repaired promptly by the owner or person in control of such newsrack. If a newsrack is removed from its location on a sidewalk, the owner or person in control of such newsrack shall be responsible for restoring the sidewalk and any other affected city property to the condition existing prior to installation of that newsrack. f. Enforcement. 1. (a) Whenever any newsrack is found to be in violation of any provision of subdivision b of this section or any rule promulgated pursuant to paragraph 1 of such subdivision b, or paragraphs 2, 3, 4, or 5 of subdivision e of this section, the commissioner shall issue a notice of correction specifying the date and nature of the violation and shall send notification, by email, to the owner or person in control of the newsrack. The commissioner shall cause photographic evidence of such violation to be taken. Such evidence shall be sent by email together with the notice of correction. Except as otherwise provided for the removal of refuse in paragraph 2 of subdivision e of this section, or for the repair, replacement, or removal of a newsrack that has been damaged or is in need of repair in paragraph 4 of subdivision e of this section, or for the failure to conform to standards set forth in the rules of the department relating to size and shape of a newsrack adopted pursuant to paragraph 1 of subdivision b of this section, such person shall, within 5 business days from the date on which the commissioner sends a notice of correction by email, cause the violation to be corrected. (b) If an owner or other person in control of a newsrack fails to comply with a notice of correction issued pursuant to subparagraph (a) of this paragraph, or an order by the commissioner to remove served pursuant to paragraph 3 of this subdivision, a notice of violation returnable to the board shall be served on such owner or person in control of such newsrack. No notice of violation shall be issued for the failure to comply with a notice of correction issued pursuant to subparagraph (a) or (b-1) of this paragraph unless the commissioner has caused a second inspection of the violation to take place within a period of time that commences on the day after the applicable period for correcting such violation expires and ends 10 business days after such day. In addition, the commissioner may send to such owner or other person in control of such newsrack, by email, photographic evidence of such violation taken at such second inspection. Failure to send such photographic evidence by email will not result in the dismissal of a notice of violation issued pursuant to any provision of this section. (b-1) Failure by an owner or a person in control of a newsrack to comply with subdivision c or d of this section, paragraph 1 of subdivision e of this section, or an order by the commissioner to remove or cause to be removed a newsrack pursuant to paragraph 3 of this subdivision, shall be a violation and shall be subject to the applicable penalties provided in paragraph 6 of this subdivision. A proceeding to recover any civil penalty authorized by this subparagraph shall be commenced with service on such owner or person of a notice of violation returnable to the board. The commissioner shall not be required to issue a notice of correction before issuing or serving a notice of violation pursuant to this subparagraph. (b-2) Notwithstanding any provision of this paragraph to the contrary, whenever any newsrack is found to be in violation of any provision of paragraph 1 of subdivision b or paragraph 2 or 4 of subdivision e of this section, or any rule adopted pursuant to paragraph 1 of subdivision b or paragraph 2 or 4 of subdivision e of this section, the commissioner may issue or serve a notice of violation at the same time the commissioner issues or serves a notice of correction for such violation, provided that, where such owner or person in control of such newsrack complies with a notice of correction the commissioner issues and sends pursuant to this subparagraph within the applicable time specified for correcting such violation, the commissioner shall withdraw such notice of violation and notify the board of such withdrawal prior to the return date of such notice of violation. (c) If the return date of a notice of violation issued pursuant to subparagraph (b) or (b-1) of this paragraph is more than 5 business days after the service of such notice, the board shall, upon the request of the respondent, in person at the office of the board, provide a hearing on such violation prior to such return date and no later than 5 business days after the date of such request. At the time set for such hearing, or at the date to which such hearing is continued, the board shall receive all evidence relevant to the occurrence or non-occurrence of the specified violation(s), the compliance or noncompliance with any of the provisions of this section, and any other relevant information. Such hearing need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation. Within 5 business days after the conclusion of the hearing, the board shall render a decision, based upon the facts adduced at said hearing, whether any violations of this section have occurred. The decision shall be in writing and shall contain findings of fact and a determination of the issues presented. The board shall send to the owner or person in control of the newsrack by regular mail, a copy of its decision and order. 2. (a) If the board renders a decision upholding the finding of a violation against the respondent upon default or after a hearing held pursuant to paragraph 1 of this subdivision and the violation is not remedied within 5 business days of receipt of the decision of the board, the commissioner or the commissioner’s designee is authorized to provide for the removal of such newsrack and any contents thereof to a place of safety. For purposes of this subparagraph, a decision shall be deemed to have been received 5 business days from the date on which it was mailed. If such newsrack and any contents thereof are not claimed within 30 days after their removal by a person entitled to their return, they shall be deemed to be abandoned and shall be subject to the provisions of paragraph 4 of this subdivision, and the owner or person in control shall be liable to the city for the costs of removal and storage and shall be subject to a civil penalty pursuant to subparagraph (a) of paragraph 6 of subdivision f of this section. Newsracks and the contents thereof that are removed pursuant to this subparagraph shall be released to the owner or other person lawfully entitled to possession upon payment of the costs for removal and storage and any civil penalty or, if an action or proceeding concerning the violation is pending, upon the posting of a bond or other form of security acceptable to the department in an amount that will secure the payment of such costs and any penalty that may be imposed hereunder. (b) If the board renders a decision upholding the finding of a violation against the respondent for having failed to demonstrate that such respondent repainted or removed graffiti or other unauthorized writing, painting, drawing, or other markings or inscriptions, as required by paragraph 1 of subdivision e of this section, or having failed to comply with any other provision of paragraph 1 of subdivision e of this section, the board shall impose a penalty in accordance with subparagraph (b) of paragraph 6 of this subdivision. 3. The commissioner may send an order by email to the owner or other person in control of a newsrack requiring such person to remove or cause to be removed such newsrack within 5 business days from the date on which the commissioner sends by email such order where such removal is required because the site or location at which such newsrack is placed is used or is to be used for public utility purposes, public transportation, or public safety purposes, or when such newsrack unreasonably interferes with construction activities in nearby or adjacent buildings, or if removal is required in connection with a street widening or other capital project or improvement. If such person does not remove such newsrack within 5 business days of the date the commissioner sends by email such order, the provisions contained in subparagraphs (b) and (c) of paragraph 1 of this subdivision and subparagraph (a) of paragraph 2 of this subdivision regarding issuance of a notice of violation and alternatives for removal, storage, abandonment, disposal, and release, shall apply. 4. Notwithstanding any other provision of law to the contrary, if a newsrack has been deemed to have been abandoned in accordance with this paragraph, the commissioner, the commissioner’s designee, an authorized officer or employee of any city agency, or a police officer is authorized to provide for the removal of such newsrack and it may either be sold at public auction after having been advertised in the City Record, the proceeds thereof being paid into the general fund, used or converted for use by the department or another city agency, or otherwise disposed of. A newsrack shall be deemed to have been abandoned for purposes of this paragraph if: (i) no identifying material of the owner or other person in control of such newsrack, as required by paragraph 4 of subdivision b of this section, is affixed to such newsrack; or (ii) such owner or other person in control of such newsrack has not submitted to the commissioner the name, address, telephone number, and email address of such owner or other person in control of such newsrack as required by paragraph 1 of subdivision c of this section. 5. (a) Where emergency circumstances exist and the commissioner or the commissioner’s designee gives notice to the owner or other person in control of a newsrack to remove such newsrack, such person shall comply with such notice. For the purposes of this paragraph, emergency circumstances shall mean circumstances which present an imminent threat to public health or safety. (b) If any owner or other person in control of a newsrack does not remove such newsrack when directed to do so pursuant to the provisions of subparagraph (a) of this paragraph, or if circumstances are such that public safety requires the immediate removal of a newsrack and it is not reasonable to give the owner or other person in control of such newsrack notice prior to removal, the commissioner or the commissioner’s designee may provide for the removal of such newsrack to a place of safety. If a newsrack has been removed by the city pursuant to this subparagraph, the commissioner or the commissioner’s designee shall, no later than 48 hours following such removal, send by email to the owner or person in control of such newsrack notice of such removal. Unless an administrative proceeding brought pursuant to subparagraph (c) of this paragraph has terminated in favor of such owner or other person in control of such newsrack, such owner or other person in control of such newsrack may be charged with the reasonable costs of removal and storage payable prior to the release of such newsrack and the contents thereof. (c) If an owner or other person in control of a newsrack fails to comply with a notice issued pursuant to subparagraph (a) of this paragraph to remove such newsrack, a notice of violation returnable to the board shall be served on such owner or person in control of such newsrack. If the newsrack has been removed by the city pursuant to subparagraph (b) of this paragraph, such notice of violation shall be served immediately after removal, and, if the return date of the notice of violation is more than 5 business days after the service of such notice, the board shall, upon the request of the respondent, in person at the office of the board, provide a hearing on such violation prior to such return date and no later than 5 business days after the date of such request. The hearing shall take place under the provisions set forth in subparagraphs (b) and (c) of paragraph 1 of this subdivision and a decision shall be rendered by the board within 5 business days after the conclusion of the hearing. If a decision is rendered at such hearing that emergency circumstances did not exist, such newsrack shall be returned within 10 business days to the location from which it was removed by the commissioner or the commissioner’s designee. If a decision is rendered against the respondent upon default or after a hearing that such emergency circumstances existed, such newsrack and the contents thereof shall be released to the owner or other person lawfully entitled to possession. If, after a board decision that removal was proper, such newsrack and any contents thereof are not claimed within 30 days after the date of removal by a person entitled to their return, such newsrack and any contents thereof shall be deemed abandoned and may be either sold at a public auction after having been advertised in the City Record, the proceeds thereof being paid into the general fund, used or converted for use by the department or another city agency, or otherwise disposed of. 6. (a) Any owner or person in control of a newsrack found to be in violation of any provision of this section shall, after a board decision has been issued upon default or after a hearing, be subject to a civil penalty in the amount of (i) no less than $250 and no more than $500 for each violation for a specific newsrack of any of the provisions of paragraphs 2, 3, 4 or 5 of subdivision e of this section or paragraph 4 of subdivision b of this section, except that a person found in violation of any of such provisions after a decision of the board issued on default shall be subject to a penalty of no less than $250 and no more than $500; (ii) no less than $3,000 and no more than $4,000 for each violation of paragraph 1 of subdivision c of this section; and (iii) no less than $250 and no more than $500 for each violation of paragraphs 1, 2, 3, 5, 6 and 7 of subdivision b of this section or of any rule adopted pursuant to paragraph 1 of subdivision b of this section. (b) Any owner or person in control of 1 or more newsracks found by the board to have failed to demonstrate that such owner or person repainted or removed graffiti or other unauthorized writing, painting, drawing, or other markings or inscriptions, as required by paragraph 1 of subdivision e of this section, or failed to comply with any other requirements of such paragraph, or failed to comply with any provision of paragraph 2 of subdivision c of this section, or failed to maintain insurance as required by subdivision d of this section, shall be liable for a civil penalty determined in accordance with the number of newsracks such person owns or controls as follows: Number of newsracks owned or controlled by such person A violation of paragraph 1 of subdivision e, paragraph 2 of subdivision c or subdivision d of this section Up to and including 99 newsracks $400 to $600 More than 99 and less than 250 newsracks $600 to $800 More than 249 and less than 500 newsracks $1,100 to $1,500 More than 499 and less than 750 newsracks $1,700 to $2,250 More than 749 and less 1,000 newsracks $2,300 to $3,000 1,000 or more newsracks $3,000 to $4,000 7. The commissioner shall remove or cause to be removed from any sidewalk for a period of 3 consecutive months, every newsrack and the contents thereof under the ownership or control of any person who repeatedly violates any provision or provisions of this section. For purposes of this paragraph, a person shall be deemed to have repeatedly violated this section if such person has been determined by the board, upon default or after a hearing, to have violated the provisions of this section 3 or more times within any 6 month period or that such person has failed to pay 3 or more civil penalties imposed during that same time period. The department shall maintain a record of all persons who repeatedly violate any provision or provisions of this subdivision. In the event that the commissioner removes or causes to be removed all newsracks and the contents thereof under the ownership or control of any person based upon this paragraph, such person shall be permitted to replace all such newsracks at the locations from which they were removed upon payment in full of all outstanding civil penalties imposed for violations of this section and the reasonable costs of removal and storage, provided that such newsracks meet the requirements of this section. If any newsracks or contents thereof removed pursuant to this paragraph are not claimed within 30 days after the expiration of the 3 month removal period, such newsracks or the contents thereof shall be deemed abandoned and may be either sold at public auction after having been advertised in the City Record, the proceeds thereof being paid into the general fund, used or converted for use by the department or another city agency or otherwise disposed of. 8. In giving any notice of correction or serving any commissioner’s order required under this section, except as otherwise provided by law, the commissioner may rely on the validity of any email address of the owner or person in control of the newsrack submitted to the department pursuant to subdivision c of this section, and shall provide such notice by email. 9. Nothing in this section shall preclude the immediate removal of a newsrack when otherwise authorized by law. g. Severability. If any subdivision, paragraph, subparagraph, sentence or clause of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. h. Community notice. The department, in consultation with the office of ethnic and community media, shall notify owners of any changed obligation imposed by this section or any rule of the department promulgated hereunder prior to the effective date of such change. Such notice shall, to the extent feasible, be in English as well as the language of any publication distributed by a newsrack of such owner. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2024/120, 12/13/2024, eff. 6/11/2025; Am. L.L. 2026/072, 3/27/2026, eff. 7/25/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2002/023 and L.L. 2021/080.

NYC Admin. Code § 19-129 Board or plank walks.

§ 19-129 Board or plank walks. It shall be unlawful for any person to construct or lay down in any street, a board or plank walk, except sidewalk bridges as defined in section 27-1021 of the code, without a permit from the commissioner. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-130 Balustrades.

§ 19-130 Balustrades. It shall be unlawful for any person to place or to expose to show or for sale, upon any balustrade that now is or hereafter may be erected upon any street, any goods, wares, merchandise or manufacture of any description. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-131 Restrictions on Clinton avenue.

§ 19-131 Restrictions on Clinton avenue. a. The two strips of land, each twenty feet in width, which were added to each side of Clinton avenue in the borough of Brooklyn between Gates avenue and Willoughby avenue pursuant to chapter two hundred fifty-seven of the laws of eighteen hundred ninety-nine shall not be added to the traveled portion of Clinton avenue, but shall be reserved and preserved as ornamental courtyards for the benefit and improvement of such avenue. b. Any building erected and completed before the first of March in the year eighteen hundred ninety-nine, or before that date so far erected that its foundations or walls were carried up so far as the level of the street, and any piazza or appurtenant structure erected before such date may remain or be completed with all rights as though this section had not been passed; but in case any such building is destroyed, or removed from such courtyard space, the right reserved therefor shall be at an end. c. The several parts of such court-yard space as adjoin the several lots fronting thereon may be used and occupied by the owners of such lots respectively for the following purposes: 1. Grass, shade trees, shrubbery, statuary, fountains, walks, paths, pavements, sewer, gas, electric and other house connections, and low ornamental fences, and 2. Ingress and egress, and 3. Stoops, porches and piazzas, provided they are open at either end and are not less than ten feet from the line of such avenue as established prior to the enactment of chapter two hundred fifty-seven of the laws of eighteen hundred ninety-nine, and 4. Steps and approaches to a house, provided they are in usual form and do not interfere with the general intent of this section, and 5. Such other purposes as are usual and proper for a plot fronting on a street and appurtenant to a residence, hotel, apartment house or other dwelling-house. d. Nothing shall be erected, done or allowed on such court-yard space, that will interfere with its open and ornamental character, or that is not in accordance with the above uses and purposes. e. This section shall not affect the title, or the right to possession of the several lots or plots of land in such two strips of land, except as the use thereof is limited and restricted as provided in this section. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-132 Restrictions on First place, Second place, Third place and Fourth place in the borough of Brooklyn.

§ 19-132 Restrictions on First place, Second place, Third place and Fourth place in the borough of Brooklyn. The buildings to be erected upon the lots fronting upon first place, second place, third place and fourth place in the borough of Brooklyn, shall be built on a line thirty-three feet five inches and a quarter of an inch back from the sides or lines of such places as they are now established by the map of the city, and the intervening space of land shall be used for courtyards only. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-133 Removal of unauthorized projections and encroachments.

§ 19-133 Removal of unauthorized projections and encroachments. a. The commissioner may serve an order upon the owner of any premises requiring such owner to remove or alter any unauthorized projection or encroachment, on or in front of his premises, within a period to be specified in such order. Such order shall be served personally, or by leaving it at the house or place of business of the owner, occupant or person having charge of the house or lot in front of which the projection or encroachment may be, or by posting such order thereon. b. At any time after the expiration of the time specified for that purpose in the order, if such encroachment or projection shall not then have been removed or altered, the commissioner may remove or alter or cause such encroachment or projection to be removed or altered at the expense of the owner or constructor thereof, who shall be liable to the city for all expenses that it may incur by such removal or alteration, together with the penalties prescribed by this subchapter for the violation of such order, to be recovered with costs of suit. c. 1. In addition to any other remedies or penalties, whenever such removal, alteration, repair and restoration is undertaken by the commissioner he or she may certify separately the costs and expense of such removal, alteration, repair and restoration to the commissioner of finance. The commissioner of finance shall, upon the certificate of the commissioner, charge the amount of such costs and expenses against the property upon and with respect to which the work was performed. Every such charge shall be a lien upon the property or premises in respect to which the same shall have been made, which lien shall have priority over all other liens and incumbrances except taxes and assessments for other public or local improvements, sewer rents, water rents and interest or penalty thereon levied or charged pursuant to law. Such lien shall be enforced in all respects in the manner provided by law for the enforcement of liens of taxes, assessments, sewer rents and water rents and interest or penalties thereon. 2. As an alternative to the remedy prescribed in paragraph one of this subdivision, the commissioner may in his or her discretion institute, through the corporation counsel, any appropriate action or proceeding at law against such owner for the recovery of the costs and expenses of such removal, alteration, repair and restoration, undertaken by the commissioner, as provided herein. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-133.1 Unlawful sidewalk ATMs.

§ 19-133.1 Unlawful sidewalk ATMs. a. For purposes of this section, "Automated Teller Machine Booth" ("ATM booth") shall mean any device linked to the accounts and records of a banking institution that enables consumers to carry out banking transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and loan payments. b. Notwithstanding any other provision of law, it shall be unlawful for any property owner to permit an ATM booth to be located on any portion of the sidewalk that is adjacent to the property of such owner, lies between the curb line and the building line, and is intended for use by the public. c. The department may serve an order upon the owner of any premises adjacent to which such ATM booth is located, requiring such owner to remove such ATM booth. The department shall provide in such order that such ATM booth shall be removed within thirty days of the date of such order. Such order shall be served personally upon the owner of such premises, or by leaving it with a person in control of the premises, or by leaving it or posting it at the place of business of the owner, or by leaving it or posting it at any home of such owner, if service to the place of business of such owner is impractical. d. Failure to comply with an order to remove an ATM booth within thirty days of the date of such order shall be a violation subject to a civil penalty of not less than two thousand five hundred dollars nor more than five thousand dollars for the first day of such violation. Any owner who remains in violation beyond the first day after the expiration of the thirty-day period specified in such order shall be subject to a civil penalty of five thousand dollars for every five-day period during which he or she remains in violation. There shall be a rebuttable presumption that the ATM booth has remained in place during each such five-day period. e. In addition to any other fines, penalties, sanctions or remedies provided for in this section, an ATM booth which remains in violation of subdivision d of this section shall be deemed abandoned. The department shall be authorized to provide for the seizure of such ATM booth, after the owner has been provided with notice and an opportunity to be heard before the appropriate administrative tribunal, if the owner of such ATM booth has accumulated an aggregate of fifty thousand dollars in civil penalties that have remained unpaid for ninety days following the expiration of the time to appeal the imposition of such penalties in accordance with the procedures of the environmental control board.

NYC Admin. Code § 19-134 Certain extensions and projections not removable.

§ 19-134 Certain extensions and projections not removable. a. If the front or other exterior wall of any building standing on the twenty-fifth day of May, eighteen hundred ninety-nine in the county of New York as then constituted, shall extend ten inches or less upon any street, such wall shall be removable, only if an action or proceeding for the removal of such wall was instituted by or in behalf of the city within the period of one year from such date, and notice of pendency of such action or proceeding was duly filed in the office of the clerk of the county of New York, and duly indexed against the owner and the premises. If a structure, or part of a building standing on the thirteenth day of May, eighteen hundred ninety-six, in such county, known as a bay window or oriel window, shall extend twelve inches or less upon any street, such structure shall be removable only if an action or proceeding for its removal was instituted by or in behalf of the city within one year from such date, and notice of pendency of such action or proceeding was duly filed in the office of the clerk of the county of New York, and duly indexed against the owner and the premises. b. If the front or other exterior wall of any building standing on the seventeenth day of May, eighteen hundred ninety-seven in the city of Brooklyn, as then constituted, shall extend four inches or less upon any street, such wall shall be removable only if an action or proceeding for the removal of such wall was instituted by or in behalf of the city of Brooklyn or its successor, within the period of one year from such date, and notice of pendency of such action or proceeding was duly filed in the office of the clerk of the county of Kings, and duly indexed against the owner of the premises. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-135 Projections prohibited.

§ 19-135 Projections prohibited. It shall be unlawful to build, erect or make areas, steps or other projections (except those indicated in subdivisions a, b, c, d and f of section 27-313 of the code) beyond the building line, upon the following streets: 1. Grand Boulevard and Concourse, in the borough of The Bronx, between East One hundred sixty-first street and Mosholu Parkway. Exception. In that section of the Grand Boulevard and Concourse located within a business use district, areas (meaning open spaces below the ground level immediately outside of the structure and enclosed by substantial walls) may project beyond the building line at most one-fifteenth of the width of the street or a maximum of five feet, provided that every such area is covered over at the street level by an approved grating of metal or other incombustible material of sufficient strength to carry safely the pedestrian street traffic. 2. Newkirk avenue, between Flatbush avenue and Coney Island avenue, in the borough of Brooklyn, and on all streets in the borough of Brooklyn where projections are prohibited by law. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-136 Obstructions.

§ 19-136 Obstructions. a. It shall be unlawful for any person to hang or place any goods, wares or merchandise, or suffer, maintain or permit the same to be hung or placed, at a greater distance than three feet in front of his or her house, store or other building and a greater height than five feet above the level of the sidewalk, or to lease or permit any other person to use any space on the sidewalk located adjacent to such house, store or other building for the purpose of selling or displaying any merchandise. 1. Such an obstruction is hereby forbidden in front of a house, store or other building facing any street market, except upon a permit from the commissioner of small business services. 2. Wares or merchandise in process of loading, unloading, shipment, or being received from shipment, may be transferred from trucks or other vehicles over the sidewalk by the use of skids, or by backing up trucks on the sidewalks while so doing. 3. Household furniture may be temporarily placed on a sidewalk for the purpose of loading or unloading the same, during daylight and without unreasonable delay; but, in any such case a passageway shall be kept open within the stoopline of the building, abutting on the sidewalk so obstructed, for the free movement of pedestrians. 4. Storekeepers and peddlers may sell and display coniferous trees during the month of December and palm branches, myrtle branches, willow branches, and citron during the months of September and October on a sidewalk; but in any such case the permission of the owner of the premises fronting on such sidewalk shall be first obtained and a passageway shall be kept open on the sidewalk so obstructed for the free movement of pedestrians. 5. Such an obstruction is hereby forbidden on Mermaid avenue between West 17th street and West 37th street, of the borough of Brooklyn. 6. Such an obstruction is hereby forbidden on all sidewalks less than ten feet in width in the fifth ward of the borough of Queens. 7. Such an obstruction is hereby forbidden from the building line on Avenue U between Coney Island avenue and Stuart street in the borough of Brooklyn. 8. Such an obstruction is hereby forbidden from the building line on Steinway street between 34th avenue and Astoria boulevard south in the borough of Queens. 9. Such an obstruction is hereby forbidden from the building line on 31st street between 23rd avenue and 21st avenue in the borough of Queens. 10. Such an obstruction is hereby forbidden from the building line on Ditmars boulevard between 28th street and Steinway street in the borough of Queens. 11. Such an obstruction is hereby forbidden from the building line on 23rd avenue between 28th street and Steinway street in the borough of Queens. 12. Such an obstruction is hereby forbidden from the building line on 30th avenue between 25th street (Crescent street) and 45th street in the borough of Queens. 13. Such an obstruction is hereby forbidden from the building line on 31st avenue between 25th street (Crescent street) and 45th street in the borough of Queens. 14. Such an obstruction is hereby forbidden from the building line on Broadway between 25th street (Crescent street) and 45th street in the borough of Queens. 15. Such an obstruction is hereby forbidden from the building line on 71st avenue between Queens boulevard and Burns street in the borough of Queens. 16. Such an obstruction is hereby forbidden from the building line on Austin street between Ascan avenue and Yellowstone boulevard in the borough of Queens. 17. Such an obstruction is hereby forbidden from the building line on Queens boulevard between Union turnpike and 63rd drive, in the borough of Queens. 18. Such an obstruction is hereby forbidden from the building line on 63rd drive between 9th street and Alderton street in the borough of Queens. 19. Such an obstruction is hereby forbidden from the building line on Myrtle avenue between Wyckoff avenue and Cooper avenue in the borough of Queens. 20. Such an obstruction is hereby forbidden from the building line on Fresh Pond road between Myrtle avenue and Metropolitan avenue in the borough of Queens. 21. Such an obstruction is hereby forbidden from the building line on Jamaica avenue between 177th street and Queens boulevard in the borough of Queens. 22. Such an obstruction is hereby forbidden from the building line on 165th street between 177th street and Queens boulevard in the borough of Queens. 23. Such an obstruction is hereby forbidden from the building line on New York boulevard between Archer avenue and Jamaica avenue in the borough of Queens. 24. Such an obstruction is hereby forbidden from the building line on Farmers boulevard between Liberty avenue and Merrick boulevard in the borough of Queens. 25. Such an obstruction is hereby forbidden from the building line on Montague street and the Promenade in the borough of Brooklyn. 26. Such an obstruction is hereby forbidden from the building line on Fulton street from Flatbush avenue to Adams street in the borough of Brooklyn. 27. Such an obstruction is hereby forbidden from the building line on Manhattan avenue from Greenpoint avenue to Nassau avenue, in the borough of Brooklyn. 28. Such an obstruction is hereby forbidden from the building line on Queens Boulevard between 57th Avenue and Grand Avenue in the borough of Queens. 29. Such an obstruction is hereby forbidden from the building line on Main street between Northern boulevard and Sanford avenue in the borough of Queens. Such an obstruction is also forbidden on any intersecting street from the building line of any building on such portion of Main street. 30. Such an obstruction is hereby forbidden from the building line on Roosevelt avenue between College Point boulevard and Union street in the borough of Queens. Such an obstruction is also forbidden on any intersecting street from the building line of any building on such portion of Roosevelt avenue. 31. Such an obstruction is hereby forbidden from the building line on Kissena boulevard between 41st avenue and Barclay avenue in the borough of Queens. Such an obstruction is also forbidden on any intersecting street from the building line of any building on such portion of Kissena boulevard. 32. Such an obstruction is hereby forbidden from the building line on 40th road between Prince street and Main street in the borough of Queens. 33. Such an obstruction is hereby forbidden from the building line on 41st avenue between Main street and Union Street in the borough of Queens. 34. Such an obstruction is hereby forbidden from the building line on 41st road between Main street and Frame place in the borough of Queens. b. It shall be unlawful for any person, directly or indirectly, to use any portion of a sidewalk or courtyard, established by law, between the building line and the curb line for the parking, storage, display or sale of motor vehicles. c. 1. Except as otherwise hereinafter provided, in addition to the streets designated pursuant to subdivision a of this section, such an obstruction shall be prohibited on any street at such time where either general vending or food vending has been prohibited by local law or by the street vendor review panel pursuant to section 20-465.1 of this code and any rules promulgated thereunder. 2. As chairperson of the street vendor review panel established pursuant to section 20-465.1 of this code, the commissioner of the department of small business services or his or her designee may recommend that in specified areas of the city the provisions of subdivision a of this section or paragraph one of this subdivision which prohibit such obstructions shall not apply. In making such a recommendation, such commissioner or his or her designee shall consider (a) whether such obstructions are intrinsic to the operation of businesses within such areas and such businesses constitute an essential part of the unique historical and commercial nature of such area and (b) the measures which shall be taken to ameliorate the danger to the public health, safety and welfare in such areas which may be caused, in whole or in part, by the maintenance of such obstructions. Such commissioner may from time to time review, modify or revoke such recommendations. A recommendation by the commissioner or his or her designee pursuant to this paragraph shall be effective upon the report of such recommendation to the council and the approval of such recommendation by the council pursuant to local law. Notice of any recommendation made by the commissioner or his or her designee shall be published in the City Record and mailed to each community board not less than thirty days prior to such commissioner's report to the council. 3. Notice of any hearing held pursuant to paragraph two of this subdivision shall be published in the City Record and shall be mailed to each affected community board and the department of city planning not less than thirty days prior to the date of such hearing. 4. On the following streets where general vending has been prohibited by the street vendor review panel pursuant to section 20-465.1 of this code and any rules promulgated thereunder, the provisions of paragraph one of this subdivision shall not apply: (a) Thirteenth avenue between 39th street and 44th street in the borough of Brooklyn; (b) Newkirk Plaza between Foster avenue and Newkirk avenue in the borough of Brooklyn; (c) Eighty-sixth street between Bay Parkway and 23rd avenue in the borough of Brooklyn; (d) West 4th street between Sixth avenue and Seventh avenue in the borough of Manhattan; (e) Delancey street between Orchard street and Essex street in the borough of Manhattan. 5. The provisions of subdivision a of this section which prohibit the hanging or placement of any goods, wares or merchandise in front of a house, store or other building shall not apply to the following streets: (a) Delancey street between Essex street and Allen street in the borough of Manhattan, provided that no goods, wares or merchandise be hung or placed at a greater distance than seven feet in front of a house, store or other building or a greater height than five feet above the level of the sidewalks; (b) Rivington street between Essex street and Allen street in the borough of Manhattan, provided that no goods, wares or merchandise be hung or placed at a greater distance than five feet in front of a house, store or other building or a greater height than five feet above the level of the sidewalk; (c) Essex street between Delancey street and Stanton street in the borough of Manhattan, provided that no goods, wares or merchandise be hung or placed at a greater distance than five feet in front of a house, store or other building or a greater height than five feet above the level of the sidewalk; (d) Orchard street between Delancey street and Houston street in the borough of Manhattan, provided that no goods, wares or merchandise be hung or placed at a greater distance than five feet in front of a house, store or other building or a greater height than five feet above the level of the sidewalk; (e) Avenue of the Americas between 25th street and 30th street in the borough of Manhattan, provided that no goods, wares or merchandise be hung or placed at a greater distance than three feet in front of a house, store or other building or at a greater distance than five feet from the curb towards the building line or a greater height than five feet above the level of the sidewalk. d. In any area where such obstructions are not prohibited pursuant to the provisions of this section, the use of the public space for the display of goods, wares or merchandise shall, in addition to the restrictions set forth in subdivision a of this section, be subject to the following additional restrictions: 1. Except as otherwise provided in paragraph four of subdivision a of this section, only the goods, wares or merchandise of a commercial establishment which is located adjacent to such public space may be displayed in such public space. 2. Except as otherwise provided in paragraph four of subdivision a of this section, the goods, wares or merchandise displayed in the public space shall be of the same type or kind which are displayed within the premises of the commercial establishment located adjacent to such space. e. 1. Where exigent circumstances exist and a police officer or other authorized officer or employee of any city agency gives notice to any person who displays any goods, wares or merchandise pursuant to subdivision a of this section to temporarily remove or otherwise disassemble such display, such person shall comply with such notice and shall not continue to maintain such display. For the purposes of this subdivision, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian or vehicular traffic, the existence of obstructions in the public space, and accident, fire or other emergency situation, a parade, demonstration or other such event at or near the location of such stand. 2. If any person who displays any goods, wares or merchandise pursuant to subdivision a of this section does not remove or otherwise disassemble such display when directed to do so by a police officer or other authorized officer or employee of the city in accordance with the provisions of paragraph one of this subdivision, such officer or employee is authorized to provide for the removal of such person's goods, wares or merchandise and such display to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such goods, wares and merchandise and such display may be charged with reasonable costs for removal and storage payable prior to the release of such goods, wares or merchandise and such display. f. In the event that any seizure made pursuant to this section shall include any perishable items or food products which cannot be retained in custody without such items or food products becoming unwholesome, putrid, decomposed or unfit in any way, they may be delivered to the commissioner of health for disposition pursuant to the provisions of section 17-323 of the code. g. Any person who sells or displays or who permits the sale or display of any goods, wares or merchandise in a public space in violation of any of the provisions of this section other than subdivision j of this section shall be considered to be an unlicensed general vendor or an unlicensed food vendor and shall be subject to the penalty and enforcement provisions of either subchapter twenty-seven of chapter two of title twenty or subchapter two of chapter three of title seventeen of this code, whichever is applicable. The provisions of sections 19-149, 19-150 and 19-151 shall not apply to such violations. h. In addition to police officers, officers and authorized employees of the department, the department of consumer and worker protection, the department of health and mental hygiene, and the department of sanitation shall have the power to enforce the provisions of this section, other than subdivision j of this section, relating to the sale and display of goods, wares or merchandise in the public space. i. The provisions of this section shall not be construed to apply to obstructions authorized in connection with temporary activities conducted under any permit issued by the city or any agency thereof. j. Fixed stand coin operated rides. 1. For purposes of this subdivision, "fixed stand coin operated ride" shall mean a coin operated ride on a stationary stand which provides an up and down rocking and/or circular motion for the enjoyment of not more than two people at a time. 2. Notwithstanding any inconsistent provision of this section, a fixed stand coin operated ride may be placed on a sidewalk adjacent to any commercial establishment, including those located on particular streets or in particular locations enumerated in paragraphs five through twenty-eight of subdivision a of this section and any particular streets or locations added to subdivision a of this section by local law on or after January 16, 1996, provided that (i) no portion of such ride shall extend further than five feet from the building line and a width of at least nine and one-half feet shall be maintained on the sidewalk in front of such ride without obstructing pedestrian movement; (ii) such ride shall not be bolted to the sidewalk or chained to a lamppost or other street furniture; (iii) such ride shall be removed from its location on a sidewalk adjacent to a commercial establishment between the hours of 11:00 p.m. and 7:00 a.m. on every day of the week, including Sundays and holidays; and (iv) such ride is in compliance with any other law and with any rules promulgated by the commissioner for purposes of protecting the health, safety, convenience and welfare, and to safeguard the interests of the city. 3. No more than three fixed stand coin operated rides may be placed in front of any commercial establishment. 4. If a fixed stand coin operated ride is placed on the sidewalk in violation of the provisions of this subdivision, any authorized officer or employee of the department or the department of consumer and worker protection, or member of the police department, is authorized to provide for the removal of such fixed stand coin operated ride to any garage, automobile pound or other place of safety, and such ride may be subject to forfeiture upon notice and judicial determination. If a forfeiture hearing is not commenced, the owner or other person lawfully entitled to the possession of such ride may be charged with reasonable costs for removal and storage payable prior to the release of such device; provided, however, that a fixed stand coin operated ride that is not claimed within thirty days after its removal shall be deemed to be abandoned and may be sold at a public auction after having been advertised in the City Record, the proceeds thereof being paid into the general fund or such unclaimed fixed stand coin operated ride may be used or converted for use by the department or by another city agency or by a not-for-profit corporation. 5. The provisions of subdivision e of this section and sections 19-149, 19-150 and 19-151 of this subchapter shall apply to fixed stand coin operated rides placed on sidewalks. (Am. L.L. 2018/181, 10/27/2018, eff. 4/25/2019; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104, L.L. 1995/014, L.L. 1995/072, and L.L. 2020/080.

NYC Admin. Code § 19-137 Land contour work.

§ 19-137 Land contour work. a. As used in this section. 1. The term "land contour work" means clearing, grubbing, grading, filling or excavating vacant lots and other land areas but does not include minor work which does not change surface drainage patterns. 2. The term "clearing" means removing surface encumbrances from a land area, including but not limited to fences, trees, logs, stumps, brush, stones, vegetation and earth. 3. The term "grubbing" means the removal of root systems incident to surface growths of trees and vegetation. 4. The term "grading" means leveling, sloping, raising, lowering or otherwise changing the existing surface of land area. 5. The term "excavation" means removal of material, regardless of its nature, from below the existing ground surface. 6. The term "filling" means the deposition, leveling or compacting of organic or inorganic material at or in a vacant lot or land area for a purpose relating to the composition, contour, use, or proposed use of the land or for the purpose of disposing of material removed from another lot or land area. b. It shall be unlawful for any person to perform or cause, procure, suffer or permit to be performed any land contour work, except as provided in subdivision c hereof, without a written permit from the commissioner. c. Subdivision b hereof shall not apply: 1. To land contour work performed in connection with or in the course of the erection of one or more buildings or other structures or in connection with land uses pursuant to a permit therefor issued by the department of buildings, provided however that, (a) such permit specifically authorizes such land contour work, and (b) such land contour work is performed entirely within the lot lines of the building site for which such permit is issued. In such cases where water courses, drainage ditches, conduits or other means of carrying off water exist on the property and are to be altered or relocated, the commissioner of buildings shall consult with the commissioner of environmental protection concerning the means of disposal of surface water prior to issuance of a permit. 2. to land contour work which consists only of making improvements to a land area on which a one or two-family house already exists and which does not result in any change in the surface runoff pattern of such land area. 3. To land contour work for which a stormwater construction permit issued by the department of environmental protection is required pursuant to subchapter 2 of chapter 5-A of title 24 of the administrative code. d. No condition shall be created or maintained as the result of land contour work that will interfere with existing drainage unless a substitute therefor is provided which is satisfactory to the commissioner and the commissioner of environmental protection in accordance with criteria established by such commissioners in consultation with the department of health and mental hygiene. Watercourses, drainage ditches, conduits and other like or unlike means of carrying off water or disposing of surface water shall not be obstructed by refuse, waste, building materials, earth, stones, tree stumps, branches or by any other means that may interfere with surface drainage or cause the impoundment of surface waters either within or without the area on which contour work is performed. All excavations shall be drained and the drainage maintained as long as the excavation continues or remains. Where necessary, pumping shall be used. Fill material shall consist of inert, inorganic matter. It shall be unlawful to deposit garbage, waste paper, lumber or other organic material in land fill. The provisions of this section shall not prevent placement of organic matter for fill by the department of sanitation in locations under the jurisdiction of such department. The commissioner shall have the power, in consultation with the commissioner of buildings to adopt rules concerning the type of material that may be used for fill on land not mapped as park land. The commissioner shall enforce compliance with the provisions hereof, and shall make immediate complaint to the corporation counsel of any violation thereof. In addition, the commissioner of buildings shall similarly enforce compliance with the provisions hereof with respect to any land contour work performed pursuant to a permit issued by the commissioner of buildings, and in addition thereto shall inform the department of any failure to comply with a department of buildings violation order relating to the provisions hereof. e. 1. Whenever the department shall determine that a condition has been created, or has resulted by reason of land contour work which violates any provision of subdivision (d) hereof, the department may serve an order in the manner prescribed in paragraph two of this subdivision upon the owners of the land upon which such condition has been created or has occurred, to correct such condition within the time designated in such order. Upon the owner's failure to comply with any order of the department as and within the time specified therein by such department, such department may perform such work or cause the same to be performed, the cost of which shall be due and payable and shall constitute a lien upon the land to which such order pertains, when the amount thereof shall have been finally computed by such department and an entry of the amount thereof shall have been entered in the office of the city collector in the book in which such charges against the premises are to be entered. A notice thereof, stating the amount due and the nature of the charge shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills, or where no name appears, to the premises addressed to either the owner or agent. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to collect and receive interest thereon at the rate that would be applicable to a delinquent tax on such property, to be calculated to the date of payment from the date of entry. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises on which such work was performed. Such charge and interest shall be collected and the lien thereon may be foreclosed in the manner provided by law for the collection and foreclosure of the lien of taxes, sewer rents, sewer surcharges and water rents due and payable to the city, and the provisions of law applicable to the collection and foreclosure of the lien of such taxes, sewer rents, surcharges and water rents shall apply to such charge. The provisions of section 11-307 of the code applicable to the payment of assessments shall also apply to charges heretofore or hereafter established pursuant to this section. 2. Service of an order upon an owner pursuant to the provisions of this section shall be made personally upon such owner or by certified mail addressed to the last known address of the person whose name appears upon the records in the office of the city collector as being the owner of the premises or as the agent of such owner or as the person designated by the owner to receive the tax bills or, if no such name appears, to the address set forth as the address of the owner in the last recorded deed with respect to such premises. A copy of such order shall also be filed in the clerk's office of each county where the property is situated and shall be posted in a conspicuous place on the premises. (Am. L.L. 2017/097, 5/30/2017, eff. 6/1/2019) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-138 Injury to or defacement of streets.

§ 19-138 Injury to or defacement of streets. a. Breaking or injuring. It shall be unlawful for any person to break or otherwise injure any street. There shall be no penalty for a violation of this section in case of an accidental breaking of or injury to a street which is repaired to the satisfaction of the commissioner, within forty-eight hours after such break or injury. b. Defacing. Except as otherwise provided by law, it shall be unlawful for any person to deface any street by painting, printing or writing thereon, or attaching thereto, in any manner, any advertisement or other printed matter. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-139 Excavations for private purposes.

§ 19-139 Excavations for private purposes. Notice to public service corporations. The person by whom or for whose benefit any excavation is to be made in any street shall give notice thereof in writing, to any corporation whose pipes, mains or conduits are laid in the street about to be disturbed by such excavation, at least forty-eight hours before commencing the same; and shall, at his or her expense, sustain, secure and protect such pipes, mains or conduits from injury, and replace and pack the earth wherever the same shall have been removed, loosened or disturbed, under or around them, so that they shall be well and substantially supported. If any such person shall fail to sustain, secure and protect such pipes, mains or conduits from injury, or to replace and pack the earth under or around them, as the provisions of this section require, then the same may be done by the corporation to whom the same may belong, and the cost thereof, and all damages sustained by such corporation thereby shall be paid by such person, and, in default thereof, such corporation may maintain an action against him therefor. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-140 Duties of police.

§ 19-140 Duties of police. All police officers shall be vigilant in the enforcement of the provisions of this subchapter and section 24-521 of the code and report, through proper channels, and violation thereof to the commissioner. Police officers, on observing or being informed of the opening of or excavating in any street, shall require the person making such opening or excavation to exhibit a permit therefor, and, if none has been given, or if the exhibition thereof be refused, the officer shall report the same to the commissioner. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-141 Property owners may voluntarily lay sidewalks.

§ 19-141 Property owners may voluntarily lay sidewalks. Any owner of property, upon obtaining a permit from the commissioner, may lay a sidewalk in front of such owner's premises, of such material and in such a manner as may be prescribed by such commissioner. Heating pipes or electric cables for the purpose of melting snow and ice may be incorporated in the construction of sidewalks with the approval of the commissioner. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-142 Workers on excavations.

§ 19-142 Workers on excavations. A person to whom a permit may be issued, to use or open a street, shall be required, before such permit may be issued, to agree that none but competent workers, skilled in the work required of them, shall be employed thereon, and that the prevailing scale of union wages shall be the prevailing wage for similar titles as established by the fiscal officer pursuant to section two hundred twenty of the labor law, paid to those so employed. No permit shall be issued until such agreement shall have been entered into with the department, and all such permits hereafter issued shall include therein a copy of this provision. When permits are issued to utility companies or their contractors, the power to enforce this provision shall be vested with the comptroller of the city of New York consistent with the provisions of section two hundred twenty of the labor law. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-143 Excavations for public works.

§ 19-143 Excavations for public works. a. Notice to public service corporations. Whenever any street shall be regulated or graded, in which the pipes, mains or conduits of public service corporations are laid, the contractor therefor shall give notice thereof in writing to such corporations, at least forty-eight hours before breaking ground therefor. Such provision shall be included in every contract for regulating or grading any street in which the pipes, mains or conduits of public service corporations shall be laid at the time of making such contract. b. Public service corporations shall protect their property. Public service corporations whose pipes, mains or conduits are about to be disturbed by the regulating or grading of any street, shall, on the receipt of the notice provided for in the preceding subdivision, remove or otherwise protect and replace their pipes, mains and conduits, and all fixtures and appliances connected therewith or attached thereto, where necessary, under the direction of the commissioner. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-144 Issuance of permit to open street within five years after completion of city capital construction project requiring resurfacing or reconstruction of such street.

§ 19-144 Issuance of permit to open street within five years after completion of city capital construction project requiring resurfacing or reconstruction of such street. a. All persons having or proposing to install facilities in, on or over any street shall be responsible for reviewing the city's capital budget, capital plan and capital commitment plan. Such persons shall make provision to do any work, except emergency work, which requires the opening or use of any street prior to or during the construction of any capital project requiring resurfacing or reconstruction proposed in such budget or plan for such street. b. No permit to use or open any street, except for emergency work, shall be issued to any person within a five year period after the completion of the construction of a capital project set forth in such budget or plan relating to such street requiring resurfacing or reconstruction unless such person demonstrates that the need for the work could not have reasonably been anticipated prior to or during such construction. c. Notwithstanding the provisions set forth in subdivisions a and b of this section, the commissioner may issue a permit to open a street within such five year period upon a finding of necessity therefor, subject to such conditions as the commissioner may establish by rule, which shall include appropriate guarantees against the deterioration of the restored pavement and may include restoration of pavement to the curb line on both sides of the restoration and parallel to the curb line for 20 feet on each side of such restoration. Such conditions shall include, but are not limited to, the following requirements: 1. All concrete-base roadways must be restored with concrete of the same depth and at least the same strength as the original base concrete; 2. All cuts made to the roadway must be straight-edged and any angles must measure 90 degrees; 3. Restoration of openings less than 10 feet apart must be restored as one continuous restoration; or 4. If the distance between the edge of the cut and the curb is less than 3 feet the restoration must extend to the curb. (Am. L.L. 2018/068, 1/19/2018, eff. 1/19/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-145 Pavements improperly relaid.

§ 19-145 Pavements improperly relaid. a. If any pavement which has been removed shall not be relaid to the satisfaction of the commissioner, he or she may cause an order to be served upon the person by whom such pavement was removed, or if such removal was for the purpose of making a connection between any house or lot, or for any sewer or pipes in the street, or for constructing vaults, or otherwise improving any house or lot, upon the owner or occupant of such house or lot, requiring such person, or the owner or occupant of such house or lot, to have such pavement properly relaid within five days after service of such order. Such order may be served upon the owner or occupant of a house or lot by leaving the same with any person of adult age upon the premises, or posting the same thereupon. b. The cost of repaving such pavement shall be collected as follows: 1. The commissioner shall certify to the comptroller the cost of such work with a description of the lot or premises to improve which such removal was made. 2. The comptroller shall certify the cost of such work to the city collector, who shall collect the same in the same manner that arrears and water rates are collected. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-146 Prevention of disturbances of street surface.

§ 19-146 Prevention of disturbances of street surface. a. It shall be unlawful for any person, without being previously authorized by a permit of the commissioner: 1. To fill in or raise, or cause to be filled in or raised, any street or any part thereof; 2. To take up, remove, or carry away, or cause to be taken up, removed or carried away, any asphalt or asphalt blocks, concrete, flagstones, turf, stone, gravel, sand, clay or earth from any street or part thereof. b. If any person shall violate this section, the commissioner shall take immediate steps to prevent such disturbances of the surface of the street, and shall forthwith restore such flagging or pavement, as nearly as may be practicable, to the condition in which it was before such taking or removal, at the expense of the party removing the same, to be recovered as penalties are recovered. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-147 Replacement of pavement and maintenance of street hardware.

§ 19-147 Replacement of pavement and maintenance of street hardware. a. General provisions. Whenever any pavement, sidewalk, curb or gutter in any street shall be taken up, the person or persons by whom or for whose benefit the same is removed shall restore such pavement, sidewalk, curb or gutter to its proper condition to the satisfaction of the commissioner of transportation. b. Rock refills. Whenever rock is excavated, not more than one-third of the total excavation shall be refilled with the broken stone, which must be in pieces not exceeding six inches in their largest dimension, mingled with clean earth and sand, and restored in such manner as to insure the thorough and compact filling of all spaces. c. Restoration in certain cases. Whenever any pavement in any street shall be taken up, or any paving stones in a street shall have been removed in violation of this subchapter or of section 24-521 of the code, the person or persons by whom or for whose benefit the pavement was taken up or paving stones removed shall forthwith return such stones to their former places, and shall otherwise restore the pavement to its normal condition to the satisfaction of the com- missioner. d. Maintenance of street hardware. All utility maintenance hole (manhole) covers, castings, and other street hardware shall be maintained flush with the existing surrounding grade. All loose, slippery or broken utility maintenance hole (manhole) covers, castings and other street hardware shall be replaced at the direction of and to the satisfaction of the commissioner. e. Payment of cost. If the pavement, sidewalk, curb, gutter or street hardware is not properly restored, replaced or maintained to the satisfaction of the commissioner pursuant to subdivisions a, b, c and d of this section, the commissioner may restore, replace or maintain the pavement, sidewalk, curb, gutter or street hardware to its proper condition and the person or persons by whom or for whose benefit the same was removed shall be liable for the cost and expense of the restoration. f. Rules. The commissioner is hereby authorized to establish such rules as, in his or her judgment, shall be deemed necessary for the purpose of carrying out the provisions of this section. g. Reasonable notice of improper or inadequate restoration of pavement or maintenance of street hardware. Except where the condition of the pavement or hardware is an imminent danger to life or safety, reasonable notice of improper or inadequate restoration of pavement or maintenance of street hardware shall be given to a person by ordinary mail. In the case of utilities such notice may be oral or written and shall be given to a person or at a place designated by the utility and the utility shall respond within twenty-four hours. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-148 Safeguards against collision with posts, pillars and columns in streets.

§ 19-148 Safeguards against collision with posts, pillars and columns in streets. a. Every post, pillar or supporting column of a superstructure, including supporting columns of railroad structures, located at such points in the roadways of streets as to constitute a menace to vehicular traffic turning or going into the part of the street at or near the point of such location, shall be striped from its base to a point at least twelve feet high with reflectors or reflectorized lights, in such manner as shall be determined by the commissioner. At night, where directed by the commissioner, there shall be displayed a light of sufficient illuminating power to be visible at a distance of two hundred feet, on an arm or bracket extending from such post, pillar or supporting column, or suspended from the superstructure. The striping and lighting of such posts, pillars or supporting columns covered by this section shall be maintained to the satisfaction of the commissioner. b. The commissioner shall have power to direct an order to the owner or operator of a superstructure requiring compliance with the provisions of this section. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-149 Criminal penalties.

§ 19-149 Criminal penalties. a. Any person who violates any of the provisions of this subchapter or of section 24-521 of the code or any order issued by or rule promulgated by the commissioner pursuant thereto or the terms or conditions of any permit issued pursuant thereto or who causes, authorizes or permits such violation shall be guilty of a violation and upon conviction thereof shall be punishable by a fine of not more than five thousand dollars, or imprisonment for not more than fifteen days, or both such fine and imprisonment for each violation. b. Any person who knowingly violates any of the provisions of this subchapter or of section 24-521 of the code or any order issued by or rule promulgated by the commissioner pursuant thereto or the terms or conditions of any permit issued pursuant thereto or who knowingly causes, authorizes or permits such violation shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than seven thousand five hundred dollars, or by imprisonment not exceeding sixty days, or both such fine and imprisonment for each violation. c. In the case of a continuing violation, each day's continuance shall be a separate and distinct offense. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-150 Civil penalties.

§ 19-150 Civil penalties. Editor's note: this section has been amended by L.L. 2026/144, 9/12/2026, eff. 1/10/2027. a. In addition to or as an alternative to the penalties set forth in section 19-149, any person who violates any of the provisions of this subchapter, or of section 24-521 of the code, or any order issued by or rule promulgated by the commissioner pursuant thereto or the terms or conditions of any permit issued pursuant thereto, or who causes, authorizes or permits such violation shall be liable for a civil penalty for each violation as provided in subdivision b. In the case of a continuing violation, each day's continuance shall be a separate and distinct offense unless otherwise provided in this subchapter. b. 1. Except as otherwise provided in this subchapter, such civil penalty shall be determined in accordance with the following schedule: Section of the Administrative Code Maximum Civil Penalty (dollars) 19-102 10,000 19-107 10,000 19-108 75 19-109 10,000 19-111 5,000 19-112 5,000 19-113 5,000 19-115 5,000 19-116 5,000 19-117(a) 10,000 19-119 10,000 19-121 10,000 19-122 5,000 19-123 10,000 19-124(a) 300 19-124(b) 75 19-124(e) 75 19-124.1(a) 450 19-124.1(c) 75 19-125(a) 300 19-125(c) 150 19-126 10,000 19-127 75 19-128 5,000 19-133 5,000 19-133.1 10,000 19-135 5,000 19-136(j) 300 19-137 5,000 19-138 5,000 19-139 10,000 19-141 5,000 19-144 10,000 19-145 10,000 19-146 5,000 19-147 10,000 19-148 5,000 19-160(a) 500 (first violation); 1,000 (second and subsequent violations at the same place of business) 19-160.1 - 19-160.4, 19-160.6* 200 (first violation); 500 (second and subsequent violations at the same place of business) 24-521 10,000 All other provisions of this subchapter and rules or orders relating thereto 5,000 * Editor's note: L.L. 2023/121 read "19-160.1 - 160.4, 160.6"; revised by the editor to make section numbering consistent and searchable. Note: Reference to an administrative code provision is intended to encompass the penalties for violations of the rules or orders made or of the terms or conditions of permits issued pursuant to such code provision. 2. The civil penalties provided for in this subdivision may be recovered in a proceeding before the environmental control board or in an action in any court of competent jurisdiction. 3. The environmental control board shall have the power to impose the civil penalties provided for in this subdivision. A proceeding before such board shall be commenced by the service of a notice of violation returnable before such board. c. In addition to the civil penalty determined in accordance with subdivision b of this section an additional civil penalty may be recovered in the amount of the expense, if any, incurred by the city to restore or replace pavement unlawfully removed, taken up or broken or to remedy any other unsafe condition on any street resulting from such violation. Such additional civil penalty may be recovered in an action or proceeding in any court of competent jurisdiction. (Am. L.L. 2018/005, 12/31/2017, eff. 4/30/2018; Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104, L.L. 2021/080, and L.L. 2023/121.

NYC Admin. Code § 19-151 Enforcement.

§ 19-151 Enforcement. a. In addition to police officers, authorized officers and employees of the department of transportation and of other city agencies who are designated by the commissioner shall have the power to enforce the provisions of this subchapter and the rules and orders of the commissioner in relation thereto and to issue summonses and appearance tickets returnable in the criminal court and notices of violation returnable before the environmental control board for violations thereof. b. In addition to the orders specifically referred to in this subchapter, the commissioner shall have the power to issue any other orders which may be necessary or appropriate (i) to enforce compliance with any of the provisions of this subchapter or of section 24-521 of the code, the rules of the department in relation thereto or the terms or conditions of any permit issued pursuant thereto, or (ii) to remedy any condition found to exist on any street which is in violation of any of the provisions of this subchapter or of section 24-521 of the code, the rules of the department in relation thereto or the terms or conditions of any permit issued pursuant thereto. Such orders shall be served in the manner provided by the rules of the department. The commissioner shall afford the persons to whom such order is directed an opportunity to be heard in accordance with the rules of the department. c. The commissioner may request the corporation counsel to institute any action or proceeding that may be appropriate or necessary to restrain, correct or abate a violation of this subchapter or of section 24-521 of the code or the rules of the department in relation thereto or to compel compliance with any order issued by the commissioner thereunder or with the terms or conditions of any permit issued pursuant to this subchapter. Such actions and proceedings may be instituted by the corporation counsel in any court of appropriate jurisdiction. In such actions or proceedings the city may apply for restraining orders, preliminary injunctions or other provisional remedies. The court to which such application is made may make any or all of the orders specified as may be required in such application, with or without notice, and may make such other or further orders or directions as may be necessary to render the same effectual. d. If the commissioner finds that any work in violation of this subchapter or of section 24-521 of the code, the rules of the department or the terms or conditions of a permit issued pursuant to this subchapter creates an imminent danger to life or safety, he or she may issue an order to cease and desist. Such order shall be given orally or in writing to the persons executing the work and shall require immediate compliance therewith. The order may also require such persons to execute such work or take such action as the commissioner determines may be necessary to remove the danger or otherwise make the street reasonably safe, including but not limited to filling in an excavation and repairing, restoring or replacing the pavement thereon or removing construction material or equipment or dirt, debris or rubbish therefrom. e. In addition to any other remedies or penalties set forth in this subchapter, upon the failure to comply with an order issued by the commissioner to remedy any condition on any street which is in violation of this subchapter, or of section 24-521 of the code, the rules of the department in relation thereto or the terms or conditions of a permit issued pursuant to this subchapter, including an order to cease and desist, within the time set forth in such order, the commissioner may execute the work required to be executed in such order. All costs and expenses of the city for such work may be recovered from the persons who are found to be liable for the violation. Before undertaking to execute any work required by an order, other than work required by an order to cease and desist, the commissioner shall afford the persons to whom such order is directed an opportunity to be heard in accordance with the rules of the department. f. The provisions of sections 19-149 and 19-150 shall be construed to provide that a permittee or a person for whose benefit any activity for which a permit is required pursuant to this subchapter is performed shall be liable with his or her employee, agent or independent contractor for a violation of the provisions of this subchapter or of section 24-521 of the code or any order issued by or rule promulgated by the commissioner pursuant thereto or the terms or conditions of any permit issued pursuant thereto which is committed by such employee, agent or independent contractor in the course of performing the activity for which a permit was issued to such permittee or the activity which benefited such person. Notwithstanding the foregoing provision in any action or proceeding against a person who owns or leases real property for a violation arising out of work in a street which benefited the real property owned or leased by such person, it shall be an affirmative defense by such owner or lessee that the work which was the subject of such violation was performed by a licensed master plumber as defined in subdivision e of section 26-141 of the administrative code under a permit issued by the department or by an operator of an underground facility as defined in 12 NYCRR 53-1.5. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-152 Duties and obligations of property owner with respect to sidewalks and lots.

§ 19-152 Duties and obligations of property owner with respect to sidewalks and lots. a. The owner of any real property, at his or her own cost and expense, shall (1) install, construct, repave, reconstruct and repair the sidewalk flags in front of or abutting such property, including but not limited to the intersection quadrant for corner property, and (2) fence any vacant lot or lots, fill any sunken lot or lots and/or cut down any raised lots comprising part or all of such property whenever the commissioner of the department shall so order or direct. The commissioner shall so order or direct the owner to reinstall, construct, reconstruct, repave or repair a defective sidewalk flag in front of or abutting such property, including but not limited to the intersection quadrant for corner property or fence any vacant lot or lots, fill any sunken lot or lots and/or cut down any raised lots comprising part or all of such property after an inspection of such real property by a departmental inspector. The commissioner shall not direct the owner to reinstall, reconstruct, repave or repair a sidewalk flag which was damaged by the city, its agents or any contractor employed by the city during the course of a city capital construction project. The commissioner shall direct the owner to install, reinstall, construct, reconstruct, repave or repair only those sidewalk flags which contain a substantial defect. For the purposes of this subdivision, a substantial defect shall include any of the following: 1. where one or more sidewalk flags is missing or where the sidewalk was never built; 2. one or more sidewalk flag(s) are cracked to such an extent that one or more pieces of the flag(s) may be loosened or readily removed; 3. an undermined sidewalk flag below which there is a visible void or a loose sidewalk flag that rocks or seesaws; 4. a trip hazard, where the vertical grade differential between adjacent sidewalk flags is greater than or equal to one half inch or where a sidewalk flag contains one or more surface defects of one inch or greater in all horizontal directions and is one half inch or more in depth; 5. improper slope, which shall mean (i) a flag that does not drain toward the curb and retains water, (ii) flag(s) that must be replaced to provide for adequate drainage or (iii) a cross slope exceeding established standards; 6. hardware defects which shall mean (i) hardware or other appurtenances not flush within 1/2" of the sidewalk surface or (ii) cellar doors that deflect greater than one inch when walked on, are not skid resistant or are otherwise in a dangerous or unsafe condition; 7. a defect involving structural integrity, which shall mean a flag that has a common joint, which is not an expansion joint, with a defective flag and has a crack that meets such common joint and one other joint; 8. non-compliance with DOT specifications for sidewalk construction; and 9. patchwork which shall mean (i) less than full-depth repairs to all or part of the surface area of broken, cracked or chipped flag(s) or (ii) flag(s) which are partially or wholly constructed with asphalt or other unapproved non-concrete material; except that, patchwork resulting from the installation of canopy poles, meters, light poles, signs and bus stop shelters shall not be subject to the provisions of this subdivision unless the patchwork constitutes a substantial defect as set forth in paragraphs (1) through (8) of this subdivision. a-1. An owner of real property shall bear the cost for repairing, repaving, installing, reinstalling, constructing or reconstructing any sidewalk flag in front of or abutting his or her property, including but not limited to the intersection quadrant for corner property, deemed to have a substantial defect which is discovered in the course of a city capital construction project or pursuant to the department's prior notification program, wherein the department receives notification of a defective sidewalk flag(s) by any member of the general public or by an employee of the department. However, with respect to substantial defects identified pursuant to the prior notification program, the sidewalk must be deemed to be a hazard prior to the issuance of a violation for any substantial defect contained in subdivision a of this section for any sidewalk flag on such sidewalk. For purposes of this subdivision, a hazard shall exist on any sidewalk where there is any of the following: 1. one or more sidewalk flags is missing or the sidewalk was never built; 2. one or more sidewalk flag(s) is cracked to such an extent that one or more pieces of the flag(s) may be loosened or readily removed; 3. an undermined sidewalk flag below which there is a visible void; 4. a loose sidewalk flag that rocks or seesaws; 5. a vertical grade differential between adjacent sidewalk flags greater than or equal to one half inch or a sidewalk flag which contains one or more surface defects of one inch or greater in all horizontal directions and is one half inch or more in depth; or 6. cellar doors that deflect greater than one inch when walked on, are not skid resistant or are otherwise in a dangerous or unsafe condition. b. All such work shall be done in accordance with such specifications and regulations prescribed by the department. c. Whenever the department shall determine that a sidewalk flag should be installed, constructed, reconstructed, or repaved, or that a vacant lot should be fenced, or a sunken lot filled or a raised lot cut down, it may order the owner of the property abutting on such sidewalk flag or the owner of such vacant, sunken or raised lot by issuing a violation order to perform such work. Such order shall provide a detailed explanation of the inspection and the sidewalk defects according to sidewalk flags including a detailed diagram of the property and defects by type. The order shall also inform the owner of the existence of the borough offices within the department together with an explanation of the procedures utilized by the borough office as provided for in paragraph eighteen of subdivision a of section twenty-nine hundred three of the New York city charter as well as a complaint and appeal process, including the right to request a reinspection and then the right to appeal by filing a notice of claim with the office of the comptroller of the city of New York and thereafter a petition for appeal and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed under the direction of or by the department as provided herein and the procedures as to how to appeal by filing a notice of claim with the office of the comptroller of the city of New York and how to file a petition and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed as provided herein and the location, where the forms may be obtained. Such order shall specify the work to be performed, an estimate of the cost of the work to repair the defects and the order shall also specify a reasonable time for compliance, provided that the time for compliance shall be a minimum of 75 days. The department shall, by appropriate regulations, provide for a reinspection by a different departmental inspector than the inspector that conducted the first or original inspection upon request of the property owner to the appropriate borough office. Where appropriate, the department shall notify the property owner of the date of reinspection at least five days prior to the reinspection date. Such inspector conducting the reinspection shall conduct an independent inspection of the property without access to the reports from the first inspection. The inspector conducting the reinspection shall file a new report and the department shall issue a new order to the owner specifying the results of the reinspection with a detailed diagram of the property and defects by type. Such order shall also advise the owner of the procedures utilized by the borough office as provided for in paragraph eighteen of subdivision a of section twenty-nine hundred three of the New York city charter and also of the right to challenge the notice of account and/or the quality of the work performed by filing a notice of claim with the office of the comptroller and thereafter a petition and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed under the direction of or by the department as provided in sections 19-152.2 and 19-152.3 of the code and specify the procedures as to how to appeal by filing a notice of claim with the office of the comptroller of the city of New York and how to file a petition and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed and the location where the forms may be obtained. d. If the department has been notified in writing of the existence of a defective, unsafe, dangerous or obstructed condition of a sidewalk pursuant to subdivision (c) of section 7-201 of the code, and the department determines that such condition constitutes an immediate danger to the public, it may notify the property owner that such condition constitutes an immediate danger to the public and direct such owner to repair same within ten days of the service of the notice. e. Upon the owner's failure to comply with such order or notice within 75 days of service and filing thereof, or within ten days if such period is fixed by the department pursuant to subdivision d of this section, the department may perform the work or cause same to be performed under the supervision of the department, the cost of which, together with administrative expenses, as determined by the commissioner, but not to exceed twenty percent of the cost of performance, shall constitute a debt recoverable from the owner by lien on the property affected or otherwise. Upon entry by the city collector, in the book in which such charges are to be entered, of the amount definitely computed as a statement of account by the department, such debt shall become a lien prior to all liens or encumbrances on such property, other than taxes. An owner shall be deemed to have complied with this subdivision if he or she obtains a permit from the department to perform such work as specified in the order within the time set forth therein and completes such work within ten days thereafter. f. Service of a notice or order by the department upon an owner pursuant to the provisions of this section shall be made upon such owner or upon his or her designated managing agent personally or by certified or registered mail, return receipt requested, addressed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party, other than the owner, has been designated to receive tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or, if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code. If the postal service returns the order with a notation that the owner refused to accept delivery of such notice, it may be served by ordinary mail and posted in a conspicuous place on the premises. g. A copy of such notice or order shall also be filed in the office of the clerk of each county where the property is situated, together with proof of service thereof. h. Nothing contained in this section shall impair or diminish the power of the city to install, construct, reconstruct, repave or repair sidewalk flags or to fence vacant lots or to fill sunken lots or to cut down raised lots or to enter into contracts with the owners of premises abutting on streets for such installation, construction, reconstruction, repaving or repair of sidewalk flags or fencing of vacant lots or filling of sunken lots, or cutting down of any raised lots, in accordance with the rules of the procurement policy board. Nor shall anything contained in this section affect or impair any act done or right accrued or accruing, or acquired, or liability incurred prior to the effective date of this section, but the same may be enjoyed or asserted as fully and to the same extent as if this section had not been enacted. i. After the work has been performed or after inspection by the department in the case where the work was performed under the direction of the department a notice of such account, stating the amount due and the nature of the charge, shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall also inform the addressee of the existence of a complaint and appeal process including the procedures utilized by the borough office as provided for in paragraph eighteen of subdivision a of section twenty-nine hundred three of the New York city charter the right to appeal the amount due and the quality of work performed under the direction of or by the department by filing a notice of a claim with the office of the comptroller of the city of New York and thereafter by filing a petition and commence a proceeding to review and/or correct the notice of such account and/or the quality of the work performed under direction of or by the department as provided in section 19-152.2 and 19-152.3 of the code and the location where the forms may be obtained. The owner shall only be responsible for the cost of reinstalling, constructing, reconstructing, repaving or repairing defective sidewalk flags ordered or directed by the department, not an entire sidewalk if the entire sidewalk lacks defects. j. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to charge and receive interest thereon, to be calculated to the date of payment from the date of entry. (1) Except as otherwise provided in paragraph (2) of this subdivision, interest shall be charged at the rate of interest applicable to such property for real property taxes pursuant to section 11-224 of the code. (2) With respect to any parcel on which the annual tax is not more than two thousand seven hundred fifty dollars, other than a parcel which consists of vacant or unimproved land, interest shall be charged at the rate determined pursuant to subdivision p or at the rate of eight and one-half percent whichever is lower. k. Such charge and interest shall be collected and the lien thereof may be foreclosed in the manner provided by law for the collection and foreclosure of the lien of taxes, sewer rents, sewer surcharges and water charges due and payable to the city, and the provisions of chapter four of title eleven of the code shall apply to such charge and the interest thereon and the lien thereof. l. In addition to collecting the charge for the cost of installation, construction, repaving, reconstruction and repair of sidewalk, fencing of a vacant lot, filling of a sunken lot and/or cutting down any raised lot as a lien, the city may maintain a civil action for recovery of such charge against a property owner who is responsible under this section for such work in the first instance, provided, however, that in the event that the department performs the work without duly notifying such person in the manner prescribed in subdivision f, the cost to the city of performing such work shall be prima facie evidence of the reasonable cost thereof. m. Upon application in writing of either (i) an owner of real property which is improved by a one, two, three, four, five or six family house: or (ii) an owner of real property which has an assessed valuation of no more than thirty thousand dollars, upon which a charge in excess of two hundred fifty dollars but not in excess of five thousand dollars has been entered pursuant to this section, the commissioner of finance may agree with the owner to divide the charge into four annual installments. Each installment shall be as nearly equal as may be. The first installment thereof shall be due and payable upon approval of the application and each succeeding installment shall be due and payable on the next ensuing anniversary date of the date of entry of the charge, together with interest thereon from the date of entry at the rate determined pursuant to subdivision p, or at the rate of eight and one-half percent per annum, whichever is lower. The commissioner may require owners of parcels making application pursuant to this subdivision to furnish satisfactory proof of their eligibility. In the event that the owner fails to make payment of any installment within thirty days of the due date, the commissioner may declare such installment agreement to be null and void and the balance of the charge shall become immediately due and payable with interest at the rate prescribed in subdivision j of this section to be calculated from the date of entry to the date of payment. The installments not yet due with interest to date of payment may be paid at any time. The city may not enforce a lien against any owner who has entered into an agreement with the commissioner of finance pursuant to this section provided that he or she is not in default thereunder. No installment shall be a lien or deemed an encumbrance upon the title to real property charged until it becomes due as herein provided. In the event that the city shall acquire, by condemnation or otherwise, any property upon which installments are not due, such installments shall become due as of the date of acquisition of title by the city and shall be set off against any award that may be made for the property acquired, with interest to the date of acquisition of title. n. All orders or notices served by the commissioner in connection with the installation, construction, reconstruction, repavement or repair of sidewalks, fencing of vacant lots, filling of sunken lots or cutting down of raised lots and all charges arising out of the performance of such work by the department subsequent to January first, nineteen hundred seventy-seven are hereby legalized, validated, ratified and confirmed as though such orders, notices and charges were made pursuant to this section. o. [Repealed.] p. On or before the first day of June, nineteen hundred eighty-six, and on or before the first day of June of each succeeding year, the director of the office of management and budget shall determine and certify the city's cost of debt service, expressed as a percentage and rounded to the nearest one-tenth of a percentage point and shall transmit copies of such certification to the city council and the commissioner of finance. The percentage so determined and certified shall be the rate of interest applicable for purposes of paragraph (2) of subdivision j and subdivision m during the ensuing fiscal year of the city, provided, however, that for the period beginning on February third, nineteen hundred eighty-five and ending on June thirtieth, nineteen hundred eighty-six, the applicable rate of interest shall be eight and one-half percent per annum. Any rate determined pursuant to this subdivision shall apply to charges, or any portion thereof, which remain or become due on or after the date on which such rate becomes effective and shall apply only with respect to interest computed or computable for periods or portions of periods occurring in the period in which such rate is in effect. For the purposes of this subdivision, the city's cost of debt service shall be the average rate of interest paid by the city during the first ten months of the fiscal year in which the determination is made on general obligation bonds issued by the city during such period with a maturity of four years or if no general obligation bonds with a maturity of four years are issued during such period, on general obligation bonds with a maturity of no less than three nor more than five years. q. Notwithstanding any inconsistent provision of this section, the amount charged an owner for sidewalk reconstruction performed or caused to be performed by the department in connection with a city capital construction project for street or sewer reconstruction shall be determined according to the average city expenditure for such sidewalk reconstruction projects in the borough where such reconstruction is performed. Such average expenditure shall be computed by the commissioner. r. The department shall keep record of all complaints submitted and work ordered and performed under this section and shall issue a public report for a minimum of three years containing such information including the number of complaints heard each year according to category, the number of reinspections performed, and the dispositions of such reinspections. s. The provisions of sections 19-149, 19-150 and 19-151 shall not apply to orders issued pursuant to this section. (Am. L.L. 2018/120, 6/23/2018, eff. 6/23/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/048, L.L. 1993/104, and L.L. 1995/064.

NYC Admin. Code § 19-152.2 Claim process.

§ 19-152.2 Claim process. a. A claim against the department arising from the city's performance pursuant to section 19-152 of the code shall be initiated within one year from the date of entry of a notice of account if the claimant shall have filed a notice of claim with the office of the comptroller of the city of New York within the time limit established by, and in compliance with all the requirements of section fifty-e of the general municipal law. The claim forms shall be provided to property owners upon request at no cost. b. If the office of the comptroller determines that the final work was improper, the office of the comptroller shall notify the department. The department shall pursue corrective measures and shall issue and mail a new notice within thirty days of such determination, stating when the same will be corrected and by whom, by mail addressed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party other than the owner has been designated to receive the tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-152.3 Appeal process to small claims assessment review part.

§ 19-152.3 Appeal process to small claims assessment review part. a. If an owner of property claiming to be aggrieved does not secure satisfaction with the office of the comptroller, such owner of property may file a petition for appeal and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed with the small claims assessment review part in the supreme court. The petition for appeal forms shall be provided to property owners upon request, at no cost. A fee of twenty-five dollars shall be paid upon filing of each petition, which shall be the sole fee required for petitions pursuant to this section. Such petition shall contain an allegation that at least thirty days have elapsed since the notice of claim, based on section 7-201 of the code upon which such action is founded, was presented to the office of the comptroller for adjustment, and that the comptroller has neglected or refused to make an adjustment, or payment thereof for thirty days after such presentment. b. The petition for an appeal form shall be prescribed by the department after consultation with the office of court administration. Such form shall require the petitioner to set forth his name, address and telephone number, a description of the real property for which the appeal is sought, the types of property defects or a description of the violations, a concise statement of the ground or grounds upon which the review is sought and any such information as may be required by the department and the office of court administration. No petition for an appeal form shall relate to more than one parcel of real property. The petition may be made by a person who has knowledge of the facts stated therein and who is authorized in writing by the property owner to file such petition. Such written authorization must be made a part of such petition and bear a date within the same calendar year during which the petition was filed. c. The petitioner shall personally deliver or mail by certified mail, return receipt requested a copy of the petition within seven days from the date of filing with the clerk of the supreme court to the commissioner of the department or a designee of the commissioner. d. The chief administrator of the courts shall appoint a panel of small claims hearing officers within the small claims assessment review program in the supreme court selected from persons requesting to serve as such hearing officers who have submitted resumes of qualifications to hear the proceedings relating to sidewalks and lots. Hearing officers to be appointed to the panel shall be qualified by training, experience, and knowledge of real property improvement and valuation practices and provisions of state and local law governing real property improvements, liabilities and assessments, but need not be attorneys at law. The chief administrator of the court shall randomly assign a hearing officer or hearing officers to conduct an informal hearing on the petition for appeal with the applicants for small claims and a representative of the department. Hearing officers assigned shall be familiar with the department and shall not possess any conflict of interest as defined by the public officers law with regard to the petitions heard. Hearing officers shall be compensated for their services in accordance with a fee schedule established by the chief administrator of the courts. e. The small claims proceedings shall be held within thirty days after the date of filing the petition. Such proceeding, where practicable, shall be held at a location within the county in which the real property subject to review is located. The petitioner and the department shall be advised by mail of the time and place of such proceeding. f. The petitioner need not present expert witnesses nor be represented by an attorney at such hearing. Such proceedings shall be conducted on an informal basis in such manner as to do substantial justice between the parties according to the rules of substantive law. The petitioner shall not be bound by statutory provisions of rules of practice, procedure, pleading or evidence. The hearing officer shall be empowered to compel the department and any other party who performed the work to produce records and other evidence relevant and material to the proceeding. All statements and presentation of evidence made at the hearing by either party shall be made or presented to the hearing officer who shall assure that decorum is maintained at the hearing. The hearing officer shall consider the best evidence presented in each particular case. Such evidence may include but shall not be limited to, photographs of the sidewalk or lots, construction contracts or bills from licensed firms that performed the work to correct the alleged violations. The hearing officer may, if he deems it appropriate, view or inspect the real property subject to review. The petitioner shall have the burden of proving entitlement to the relief sought. g. All parties are required to appear at the hearing. Failure to appear shall result in the petition being determined upon inquest by the hearing officer based upon the available evidence submitted. h. The hearing officer shall determine all questions of fact and law de novo. i. The hearing officer shall make a decision in writing with respect to the petition for appeal within thirty days after conclusion of the hearing conducted with respect thereto. The hearing officer's decision may grant the petition in full or in part or may deny the petition. If the hearing officer grants the petition in full or in part, the hearing officer shall award the petitioner costs against the respondent in an amount equal to the fee paid by the petitioner to file the petition for appeal. The hearing officer may award the petitioner costs against the respondent in an amount equal to the fee paid by the petitioner to file the petition for appeal where he deems it appropriate. j. If the hearing officer grants the petition in full or in part, the hearing officer shall order the department and the city collector, where appropriate, to change or correct their records to reflect the determination or order the work corrected and reinspected by a departmental inspector after the work was performed. k. The decision of the hearing officer shall state the findings of fact and the evidence upon which it is based. Such decisions shall be attached to and made part of the petition for appeal and shall be dated and signed. l. The hearing officer shall promptly transmit the decision to the clerk of the court, who shall file and enter it and the hearing officer shall promptly mail a copy of the decision to the petitioner or the commissioner of the department or the designee of the commissioner and to the city collector, where appropriate. m. No transcript of testimony shall be made of a small claims review hearing. The hearing officer's decision of a petition of appeal shall not constitute precedent for any purpose or proceeding involving the parties or any other person or persons. n. A petitioner to an action pursuant to this section may seek judicial review pursuant to article seventy-eight of the civil practice law and rules provided that such review shall be maintained against the same parties named in the small claims petition. o. The chief administrator of the courts shall adopt such rules of practice and procedure, not inconsistent herewith as may be necessary to implement the appeal procedures hereby established. Such rules shall provide for the scheduling of evening hearings where practicable, the availability of petition forms, and the procedures for the filing of decisions rendered by hearing officers pursuant to the provisions of this section. p. If in the final order in any proceeding, it is determined that the amount due was excessive or improper and ordered or directed that the same be corrected, the city collector shall issue and mail a new notice of such account stating the new amount owed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party other than the owner has been designated to receive the tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or, if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to charge and receive interest thereon, to be calculated to the date of payment from the date of entry. Where appropriate, if in the final order in any proceeding, it is determined that the amount due was excessive or improper and the owner of the property is entitled to a refund for the excessive amount, the hearing officer shall promptly order and direct such refund within thirty days. q. If in the final order in any proceeding, it is determined that the final work was improper and ordered or directed that the same be corrected, the department shall issue and mail a new notice of such within thirty days stating when the same will be corrected and by whom, by mail, addressed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party other than the owner has been designated to receive the tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or, if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.

NYC Admin. Code § 19-153 Inspection, testing and repair of electrical-related infrastructure.

§ 19-153 Inspection, testing and repair of electrical-related infrastructure. a. The provisions of this section shall only apply to electrical-related infrastructure located in the city of New York capable of emitting stray voltage. For purposes of this section, the following terms shall have the following meanings: 1. "Local electric corporation" shall mean an electric corporation as defined in paragraph 13 of section 2 of the public service law, or its successor provision, that owns and operates transmission and distribution systems for the provision of electrical service in the city of New York. 2. "Stray voltage" shall mean any unintended electrical potentials between contact points that may be encountered by humans or animals. 3. "Voltmeter" shall mean an instrument that measures differences of electric potential in volts. 4. "Non-conductive protective material" shall mean any casing or material of sufficient composition or thickness to adequately obstruct the unintended flow of electricity. b. All local electric corporations shall, where practicable and appropriate for the protection of public safety, utilize non-conductive protective materials to insulate their electrical-related infrastructure to prevent stray voltage. c. All local electric corporations shall establish and implement written guidelines and procedures for the annual inspection or testing of each category of its electrical-related infrastructure used to provide electrical service and for the repair of such infrastructure if required. Such guidelines and procedures shall include the annual inspection of each category of its electrical-related infrastructure located on, above or below any sidewalk used to provide electrical service and the repair of such infrastructure if required. Such guidelines and procedures shall also include the annual testing of each category of its electrical-related infrastructure in any location other than on, above or below a sidewalk used to provide electrical service and the repair of such infrastructure if required. Each inspection and testing period shall be comprised of an uninterrupted twelve month period concluding on November 30 of each year. Such local electric corporations shall establish such inspection and testing schedules and procedures for at least the following categories of electrical-related infrastructure: transformers, switching and protective devices, regulators and capacitors, overhead and underground cables, wires and conductors, above and below ground utility and connection boxes, manhole covers, metal plates, gratings and poles. d. Each piece of electrical-related infrastructure included in the list of categories of such infrastructure set forth in subdivision c of this section that has been found to emit stray voltage shall be repaired or made safe within twenty-four hours of discovery or knowledge of such condition by the local electric corporation that owns and operates the infrastructure, or a contractor or subcontractor thereof, in a manner that completely eliminates the emission of any such stray voltage. e. Upon completion of the annual inspection, testing and repair program mandated by subdivision c of this section, all local electric corporations shall provide the council, the department and the public service commission with a written report no later than January 15 of each year. Such report shall state that each piece of its electrical-related infrastructure has been inspected where required, tested where required, and, if necessary, repaired during the immediately preceding inspection and testing period. Such report shall indicate each location at which stray voltage was found and shall state that in each such instance, each repair was completed in accordance with accepted professional standards and that no public safety hazard exists. Such report shall include a detailed account of all types of non-conductive protective materials utilized to insulate such local electric corporation's electrical-related infrastructure during the period being reported upon, as well as any planned changes in the types of non-conductive protective materials to be employed during the next reporting period to meet the mandate set forth in subdivision b of this section with an explanation for any proposed change. Such report shall also include a complete list of all inspections, tests and repairs for the detection and elimination of stray voltage conducted outside the course of the inspection and testing schedules required by subdivision c of this section, such as those initiated in response to consumer complaints, including the nature and location of the condition complained of, whether the complaint was founded, what repair work was undertaken and to what category of electrical-related infrastructure and the amount of time taken from receipt of the complaint to completely eliminate any stray voltage. f. The department shall conduct random tests, by utilizing a voltmeter, of the electrical-related infrastructure of any local electric corporation for the purposes of detecting stray voltage and shall maintain written reports of the results of each such test. Commencing with the twelve month inspection and testing period beginning on December 1, 2004, the department shall conduct at least two hundred fifty such tests at random sites during each twelve month inspection and testing period. The reports created pursuant to this testing shall be forwarded to the public service commission and to the local electric corporation whose sites and department tests. g. All local electric corporations shall establish and implement an educational campaign aimed at informing the public of how to identify and protect themselves from the dangers of stray voltage potentially emanating from their electrical-related infrastructure. The campaign shall utilize the information from the annual report of inspections, tests and repairs required by this section to alert the public to the locations most frequently documented as having had stray voltage. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/044.

NYC Admin. Code § 19-154 Publication of street resurfacing information.

§ 19-154 Publication of street resurfacing information. a. The commissioner shall make available online through the department's website information regarding the resurfacing and capital improvement of city blocks. Such information shall include but not be limited to: (i) what year city blocks were last resurfaced or received capital improvement; (ii) the current rating for city blocks pursuant to the department's street rating system as one of the following: good, fair, or poor. b. On or before January 31, 2013, the information required by subdivision a of this section shall be searchable by city block.

NYC Admin. Code § 19-154.1 Retaining wall inventory.

§ 19-154.1 Retaining wall inventory. a. Definitions. As used in this section, the term “retaining wall” means a retaining wall as such term is defined in section 28-305.4.1 that is 10 feet high or greater, as measured from the ground immediately in front of the wall to the top of the wall stem, or wall step for stepped walls, including any parapets or fencing capable of retaining material. b. No later than October 1, 2026, the department shall make available on its website an inventory of all city-owned retaining walls under the department’s jurisdiction. Such inventory shall include, but need not be limited to, the location of each such retaining wall and the date when maintenance or inspection of each such retaining wall was last performed. The department shall update such inventory annually. (L.L. 2026/013, 1/3/2026, eff. 1/3/2026)

NYC Admin. Code § 19-155 Study of alternative roadway and sidewalk materials.

§ 19-155 Study of alternative roadway and sidewalk materials. a. The department and the department of environmental protection shall conduct a study on the possible use of permeable materials on roadways and sidewalks under the jurisdiction of the department. Such study shall include the following: (i) various types of permeable material for roadway and sidewalk use; (ii) the expected costs of such materials and the projected feasibility of such materials, including but not limited to durability, operational function and performance; (iii) the volume of stormwater anticipated to be permeated through such materials; (iv) recommendations and limitations regarding the use of permeable materials on roadways and sidewalks under the jurisdiction of the department; (v) the maintenance practices for such roadways and sidewalks and estimated costs of such practices; (vi) the effect on utilities and other entities that will need to make cuts in such roadways and sidewalks; (vii) methods to restore the porosity of such roadways and sidewalks and an estimate of the costs of such methods; (viii) recommendations regarding the use and limitations of permeable materials by private property owners on private roadways, parking lots and sidewalks; and (ix) a determination on whether a uniform standard on the use of permeable materials in sidewalks within the city of New York is appropriate, based on the results of the study and pilot required pursuant to subdivisions a and b of this section. If such uniform standards are deemed appropriate, the department, in consultation with other agencies including but not limited to the department of parks and recreation and the department of design and construction, shall make recommendations and exceptions to such uniform standard. Such study shall be completed and delivered to the speaker of the council and posted on the department's website not more than thirty months following the effective date of the local law that added this section. b. The department shall undertake a pilot program on the use of permeable materials on roadway and sidewalk surfaces as part of the study required pursuant to subdivision a of this section. Such pilot program shall include evaluation of permeable materials in three different types of roadway conditions and three different types of sidewalk conditions, with such conditions including but not limited to roadway and pedestrian volume and locations susceptible to flooding. The department shall consult with the department of environmental protection prior to choosing the locations for such pilot program. A report on such pilot program shall be completed and delivered to the speaker of the council and posted on the department's website not more than one hundred twenty days following the completion of the pilot program.

NYC Admin. Code § 19-156 Work zone safety on bridges.

§ 19-156 Work zone safety on bridges. a. For purposes of this section, the following terms shall have the following meanings: 1. "Bridge" shall mean a span that includes a roadway for use by motor vehicles, that is located above another surface. 2. "Work zone" shall mean a location where workers are engaged in a stationary operation that exceeds four hours in duration and which is not predominantly separated from traffic by a temporary concrete or other rigid barrier system. b. On or before January 1, 2015, the commissioner shall conduct a review of guidelines and best practices with regard to work zone safety on bridges that are under the jurisdiction of the department. A written report detailing such guidelines and best practices shall be submitted to the speaker of the council and posted on the department's website upon completion.

NYC Admin. Code § 19-157 Pedestrian plazas.

§ 19-157 Pedestrian plazas. a. Definitions. For the purposes of this section, the following terms have the following meanings: Event. The term "event" means any activity within a pedestrian plaza where the activity will interfere with or obstruct the regular use of such pedestrian plaza, but shall not include activities conducted pursuant to a valid film permit, demonstrations, or parades. Pedestrian plaza. The term "pedestrian plaza" means an area designated by the department as such for pedestrian circulation, use and enjoyment on property under the jurisdiction of the department including, but not limited to, property mapped as a public place or property within the bed of a roadway, and which may contain amenities such as tables, seating, trees, plants, lighting, bike racks, or public art. Pedestrian plaza partner. The term "pedestrian plaza partner" means an organization selected by the department to assist with functions related to pedestrian plazas, pursuant to a non-exclusive agreement with the department, pursuant to chapter 13 or 14 of the charter of the city of New York. Such functions may include, but are not limited to, the design, daily management, maintenance, programming, and the provision of funding to support such functions. b. Pedestrian plaza designation. 1. The department may designate an area as a pedestrian plaza. In making such designation, the department shall consider factors, including but not limited to, the following: (i) availability of and need for open space in the surrounding areas; (ii) ability of the department or any pedestrian plaza partner to properly maintain such pedestrian plaza and develop programming; and (iii) relationship of such pedestrian plaza to surrounding land uses, traffic, and pedestrian activity and safety. 2. No less than 60 days before designating a pedestrian plaza, the department shall forward notice of its intent to any affected council members, community boards, borough presidents, senators, and members of assembly. Within 45 days of receipt of such notice, such council members, community boards, borough presidents, senators, and members of assembly may submit comments regarding such proposed pedestrian plaza. The department shall consider such comments before making a determination in regard to such proposed pedestrian plaza. 3. Proposals for the designation of an area as a pedestrian plaza may be submitted by a council member, community board, borough president, senator, member of assembly or non-profit organization pursuant to rules of the department. Within 90 days of the receipt of such application, the department shall issue a response to such a proposal. 4. All pedestrian plazas identified on the department's website pursuant to section 19-101.4 prior to June 1, 2016 shall be deemed designated pedestrian plazas pursuant to this section. 5. At least 90 days before the department rescinds the designation of a pedestrian plaza, the department shall notify the affected council members, community boards, borough presidents, senators, members of assembly and any pedestrian plaza partner. If any such council member, community board, borough president, senator, member of assembly or pedestrian plaza partner so requests, the department shall hold a public hearing on the proposed designation rescission no more than 45 days after sending such notice. The department shall consider any comments from such public hearing or any comments submitted to the department before rescinding such designation. c. Pedestrian plaza rules. 1. The commissioner may promulgate uniform rules applicable to pedestrian plazas, including, but not limited to, setting general rules of conduct. 2. In addition to uniform rules promulgated pursuant to paragraph 1 of this subdivision, the commissioner may promulgate pedestrian plaza-specific rules to regulate the use of, and activities within, an individual pedestrian plaza and sidewalks directly adjacent to such pedestrian plaza. In developing such pedestrian plaza-specific rules, the department shall consider factors including, but not limited to: the individual needs of such pedestrian plaza; pedestrian traffic and congestion; public safety concerns; the size of such pedestrian plaza; current and potential usage demands and the need to manage competing uses; the need to create or maintain the aesthetics or special character of such pedestrian plaza and its surroundings, or to promote tourism or other forms of economic development; and the need to regulate commercial activity, solicitation, entertainment by individuals or groups, or expressive matter vending in such pedestrian plaza. For the purposes of this paragraph, commercial activity shall not include vendors who are licensed pursuant to sections 17-307 or 20-453. 3. If the department has selected a pedestrian plaza partner for a pedestrian plaza, the department shall consider the input of such partner in developing rules related solely to such pedestrian plaza. d. Pedestrian plaza events. A plaza activity permit issued by an agency or office designated by the mayor shall be required for any event held completely within a pedestrian plaza. Such agency or office, after consultation with the commissioner and consideration of any input of pedestrian plaza partners, shall promulgate rules: (i) establishing a process for the issuance of such permits, including, but not limited to, rules relating to the submission and processing of applications, approval or denial of applications, an appeals process, and applicable fees; and (ii) pertaining to the management of pedestrian plaza operations during events, including, but not limited to, establishment of paths for pedestrian traffic, establishment of paths and procedures to allow for emergency response access, and procedures related to installations permitted by the department, such as sub-concessions and artwork. Such rules regarding the issuance of plaza activity permits may allow for the evaluation of unique characteristics of the pedestrian plaza in which the proposed event for which the permit is sought and the adjacent neighborhood; the customary or everyday use of such pedestrian plaza; the nature of the neighborhood adjacent to such pedestrian plaza; the economic and community development impacts of such proposed event; the impact of such proposed event on such pedestrian plaza and the adjacent neighborhood, including, but not limited to, any positive or negative impacts on pedestrian and vehicular traffic in the adjacent neighborhood presented by such proposed event and the impact of cumulative demands on such pedestrian plaza and adjacent streets and public spaces. (L.L. 2016/053, 4/21/2016, eff. 6/20/2016 and 8/19/2016; Am. 2022 N.Y. Laws Ch. 790, 12/28/2022, eff. 6/26/2023; Am. 2023 N.Y. Laws Ch. 98, 3/3/2023, eff. 3/3/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/053.

NYC Admin. Code § 19-157.1 Theatre district zone.

§ 19-157.1 Theatre district zone. a. Definitions. For the purposes of this section, the following terms have the following meanings: Designated activities. The term "designated activities" means commercial activities, including solicitation of any kind, distribution of anything, entertainment or performances by individuals or groups, posing for or taking photographs or videos, and vending expressive matter, where any form of compensation, donation, or gratuity is requested or accepted. Persons who engage in designated activities shall be deemed to be engaged in such activities for the entirety of their interactions with each member of the public for the purpose of conducting commercial activity. For the purposes of this section, designated activities shall not include commercial activities by vendors who are licensed pursuant to sections 17-307 or 20-453. Designated activity zone. The term "designated activity zone" means an area designated as such by the department by signage or markings in which individuals conduct designated activities. Pedestrian flow zone. The term "pedestrian flow zone" means an area designated as such by the department by signage or markings for the safe and continuous movement of pedestrian traffic. Theatre district zone. The term "theatre district zone" means the areas bounded by (i) the northerly edge of West 50th Street, a line 200 feet west of the westerly edge of the Avenue of the Americas, the southerly edge of West 43rd Street, and a line 100 feet west of the westerly edge Eighth Avenue, and (ii) from the southeast corner of Eighth Avenue and West 43rd Street eastward along the southerly edge of West 43rd Street, to a point 194 feet east of the centerline of Broadway; then south to a point on the southerly edge of West 42nd Street 138 feet east of the centerline of Broadway; then west along the southerly edge of West 42nd Street to Broadway; then south along the easterly edge of Broadway to southeast corner of West 41st Street and Broadway; then west along the southerly edge of West 41st Street to a point 400 feet west of Seventh Avenue; then south to a point 400 feet west of Seventh Avenue on the southerly edge of West 40th Street; then west along the southerly side of West 40th Street the southeast corner of West 40th Street and Eighth Avenue; then north along the easterly edge of Eighth Avenue to the southeast corner of 43rd Street and Eighth Avenue. b. Pedestrian flow zones. The department shall establish pedestrian flow zones within the theatre district zone where necessary to accommodate the demand for pedestrian space. The department shall consider establishing such zones on streets including, but not limited to, West 42nd Street, Seventh Avenue, and Broadway. c. Designated activity zones. The department may establish designated activity zones within the theatre district zone where necessary to accommodate the demand for designated activities. d. Rules. The department may promulgate rules applicable to pedestrian flow zones and designated activity zones within the theater district zone, including, but not limited to, establishing the parameters of such zones and setting general rules of conduct. (L.L. 2021/099, 9/26/2021, eff. 11/25/2021)

NYC Admin. Code § 19-158 Notice requirement for work on resurfaced streets.

§ 19-158 Notice requirement for work on resurfaced streets. a. Upon approving an application for a permit to open a street segment or intersection that has been reconstructed or resurfaced within five years prior to the date of such approval, the department shall provide notice, through electronic means, to the affected borough president, the council member(s) of the affected council district(s), the senator(s) of the affected senate district(s), the member(s) of assembly of the affected assembly district(s), and the district manager(s) of the affected community board(s). b. Such notice shall include the following information: 1. The name and contact information of the applicant; 2. The anticipated start and end dates of the work; 3. The location, nature and extent of the work to be performed; 4. The permit type; and 5. Contact information for a department office where questions may be directed. (L.L. 2017/195, 10/16/2017, eff. 12/15/2017; Am. 2022 N.Y. Laws Ch. 790, 12/28/2022, eff. 6/26/2023; Am. 2023 N.Y. Laws Ch. 98, 3/3/2023, eff. 3/3/2023)

NYC Admin. Code § 19-159 Notification of tree planting when applying for sidewalk construction permits.

§ 19-159 Notification of tree planting when applying for sidewalk construction permits. The department shall notify applicants for sidewalk construction permits to consult the website of the department of parks and recreation for information on scheduled tree planting. (L.L. 2018/002, 12/31/2017, eff. 3/30/2018)

NYC Admin. Code § 19-159.1 The verification and repair of ponding conditions on roadways.

§ 19-159.1 The verification and repair of ponding conditions on roadways. a. Definitions. As used in this section, the following term has the following meaning: Ponding condition. The term "ponding condition" means standing water in a depression that is removed only by percolation, evaporation or transpiration that lasts greater than seven days. b. Upon receiving a complaint of a ponding condition on a roadway under its jurisdiction, the department shall verify such complaint within 45 days, except where weather conditions or other circumstances do not permit the timely completion of such verification. c. Upon verification, the department shall assess the roadway to determine what work may be necessary to repair such ponding condition. Such assessment shall be conducted jointly with the department of environmental protection, where necessary. 1. If such assessment concludes that such ponding condition can be repaired through resurfacing, such resurfacing shall be prioritized by the department to be performed (i) when department resurfacing operations next take place in the community district where such ponding is located, or (ii) within 18 months from the date of such assessment, whichever is earlier. This paragraph shall not be interpreted in such a way as to impair the department's discretion to prioritize the most urgent resurfacing needs, impede the department's expeditious resurfacing operations, or prevent the department from conducting emergency resurfacing. 2. If such assessment concludes that such ponding condition can only be repaired through work other than resurfacing, such work shall be prioritized by the department or the department of environmental protection. d. In instances where a council member or a community board has made a complaint in writing to the department of a ponding condition on a roadway under the department's jurisdiction, within 10 days of conducting an assessment of such location as required by paragraph 1 of subdivision c of this section, the department shall notify, in writing, such council member or community board in whose district the ponding condition is located of the results of such assessment. (L.L. 2018/008, 12/31/2017, eff. 12/31/2017)

NYC Admin. Code § 19-159.2 Placement of street name signs.

§ 19-159.2 Placement of street name signs. a. For purposes of this section, the term "street name sign" means a sign mounted on a street corner that bears the name of a mapped street that is parallel to such sign. b. No fewer than two diagonally opposite corners on each street intersection shall have a street name sign for each street installed on such corner, except where the department determines in its engineering judgment that this requirement is not feasible. (L.L. 2019/053, 3/16/2019, eff. 3/16/2019)

NYC Admin. Code § 19-159.3 Temporary bicycle lanes.

§ 19-159.3 Temporary bicycle lanes. a. Definitions. As used in this section, the following terms have the following meanings: Bicycle lane. The term "bicycle lane" means a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles. Temporary bicycle lane. The term "temporary bicycle lane" means a bicycle lane intended to be used for a limited period of time during which construction or other work prevents or otherwise affects use of a bicycle lane on a roadway, street segment or intersection. b. Requirements. Any permit issued by the commissioner authorizing work affecting a street segment or intersection that has a bicycle lane shall include a stipulation requiring that the applicant maintain a temporary bicycle lane, and shall specify the particular manner in which the applicant shall maintain the temporary bicycle lane for such street segment or intersection. Notwithstanding the foregoing, in the event the commissioner determines that maintenance of a temporary bicycle lane is not feasible on such street segment or intersection, such determination shall not prohibit issuance of the permit, provided however that the permit shall set forth such other measures the applicant must take to protect public safety, including persons utilizing bicycles on such street segment or intersection. c. Notice requirement for work affecting a street segment or intersection that has a bicycle lane. Upon approving an application for a permit authorizing work affecting a street segment or intersection that has a bicycle lane, the department shall provide notice, through electronic means, to the affected borough president, the council member of the affected council district, the senator of the affected senate district, the member of assembly of the affected assembly district, and the district manager of the affected community board. Such notice shall include the following information: 1. The name and contact information of the applicant; 2. The anticipated start and end dates of the work; 3. The location, nature and extent of the work to be performed; 4. The permit type; 5. Any permit stipulations related to the maintenance of a temporary bicycle lane; and 6. Contact information for a department office where questions may be directed. d. In the event a permittee violates any stipulation required by subdivision b of this section, the commissioner may revoke or refuse to renew such permit pursuant to subdivision e of section 19-103 or take any other action authorized by law. (L.L. 2019/124, 6/29/2019, eff. 6/29/2019; Am. 2022 N.Y. Laws Ch. 790, 12/28/2022, eff. 6/26/2023; Am. 2023 N.Y. Laws Ch. 98, 3/3/2023, eff. 3/3/2023)

NYC Admin. Code § 19-159.4 Chute closure devices required on concrete mixing trucks.

§ 19-159.4 Chute closure devices required on concrete mixing trucks. a. Definitions. As used in this section, the following terms have the following meanings: Chute closure device. The term "chute closure device" means a device attached to the end of the chute of a concrete mixer truck which is used to seal the chute. Concrete mixer truck. The term "concrete mixer truck" means a truck used for the transport of liquid concrete. Truck. The term "truck" has the same meaning as in section 158 of the vehicle and traffic law. b. No later than June 30, 2021, all concrete mixer trucks driven in or through the city of New York shall be equipped with chute closure devices during the transport of liquid concrete. c. The department may promulgate any rules necessary to administer the provisions of this section, including, but not limited to, rules establishing chute closure device specifications as deemed necessary by the department. d. The department, the police department and any other agency designated by the commissioner to enforce the provisions of this section are authorized to inspect chute closure devices and chute closure device specifications for compliance with the requirements of this section in accordance with rules of the department and any applicable law. (L.L. 2020/071, 7/19/2020, eff. 7/19/2020)

NYC Admin. Code § 19-159.5 Temporary truck loading zones.

§ 19-159.5 Temporary truck loading zones. a. For the purposes of this section, the following terms have the following meanings: Commercial parking meter area. The term "commercial parking meter area" has the same meaning as set forth in the rules of the department. Commercial vehicle. The term "commercial vehicle" has the same meaning as set forth in the rules of the department. Temporary truck loading zone. The term "temporary truck loading zone" has the same meaning as such term is defined in section 19-170.1. Truck loading zone. The term "truck loading zone" has the same meaning as such term is defined in section 19-170.1. b. Any permit of more than 180 days issued by the commissioner authorizing work affecting a street segment or intersection that has a truck loading zone shall include a stipulation requiring that the applicant shall not occupy or otherwise obstruct the use of a truck loading zone in the affected street segment or intersection. c. In the event that a truck loading zone must be occupied or otherwise obstructed for any permit of more than 180 days, the applicant shall be required to maintain a temporary truck loading zone if, in the judgement of the commissioner: 1. maintaining a temporary loading zone is feasible; 2. the occupation or obstruction of the truck loading zone will result in a significant negative impact on traffic flow; and 3. alternative truck loading zones or other loading space is insufficient to accommodate demand for loading space. The department shall specify the particular manner in which the temporary truck loading zone for such street segment or intersection should be maintained. d. In the event a permittee violates any stipulation required by subdivision b or subdivision c of this section, the commissioner may revoke or refuse to renew such permit pursuant to subdivision e of section 19-103 or take any other action authorized by law. (L.L. 2021/167, 12/24/2021, eff. 6/22/2022)

NYC Admin. Code § 19-159.6 Notice requirement for public utility companies.

§ 19-159.6 Notice requirement for public utility companies. a. A public utility company, as defined in section two of the public service law, issued a permit valid for more than seven days by the commissioner pursuant to this subchapter to provide impactful work shall provide notice of such work to the affected borough president, the council member or members of the affected council district or districts, the senator or senators of the affected senate district or districts, the member or members of assembly of the affected assembly district or districts and the district managers of the affected community board or boards. For purposes of this section, impactful work is planned work that shall at a minimum include street or lane closures; parking space closures for twenty-four hours or more; rerouting of traffic; closure of or rerouting of traffic near entrances or exits to bridges or tunnels; relocation of bus stops or public bicycle sharing stations; and work between 8 p.m. and 8 a.m. that includes noise, vibrations or bright lighting. b. Such notice shall include the following information: 1. The name and contact information of the public utility; 2. The anticipated start and end dates of the work; and 3. The location, nature and extent of the work to be performed. (2022 N.Y. Laws Ch. 790, 12/28/2022, eff. 6/26/2023; Am. 2023 N.Y. Laws Ch. 98, 3/3/2023, eff. 6/26/2023)

NYC Admin. Code § 19-159.7 Map of bicycle infrastructure conditions.

§ 19-159.7 Map of bicycle infrastructure conditions. a. Definition. For purposes of this section, the term “micromobility share program” means a program for the provision of devices for personal transportation for shared use within the city of New York under a contract with an operator that permits payment for the use of such devices, including but not limited to bike share, as that term is defined in section 19-193, or any similar program for the shared use of electric scooters, as that term is defined in section 114-e of the vehicle and traffic law. b. Beginning no later than February 1, 2025, the department shall make available on a website owned and operated by the department, and update as feasible when data becomes available, a searchable map of every bicycle lane in the city. Such map shall include: 1. A notation identifying each street with a bicycle lane that has an active permit for street construction, maintenance, or repair that may obstruct such bicycle lane, in whole or in part, for a period of 1 day or longer; 2. The location of every temporary bicycle lane maintained pursuant to section 19-159.3; 3. A notation identifying the different types of bicycle lanes, including protected bike lanes, conventional bike lanes, shared lanes, and off-street bicycle lanes; 4. The location of any active street resurfacing project that may affect the surface of a bicycle lane; 5. The location of all city-owned bicycle parking infrastructure; 6. The location of stations for micromobility share programs and real time availability data for each such station, if feasible; and 7. A notation identifying every open street designated pursuant to section 19-107.1. c. The website with the map required by this section shall include information on how to report bicycle lane issues to the 311 customer service center. (L.L. 2023/124, 9/3/2023, eff. 9/3/2023)

NYC Admin. Code § 19-159.8 Improvement of paved medians.

§ 19-159.8 Improvement of paved medians. a. Definitions. For the purposes of this section, the following terms have the following meanings: High priority investment area. The term “high priority investment area” means an area of the city determined by the department to have a greater need for infrastructure investment based on a relatively low amount of prior investment, a relatively high population of low income residents, and any other factors considered by the commissioner to be relevant. Paved median. The term "paved median" means a portion of a median under the jurisdiction of the department which is between 2 intersecting streets and does not include planted vegetation or stormwater management infrastructure. b. The commissioner, in collaboration with the commissioner of parks and recreation and the commissioner of environmental protection, shall improve at least 1 linear mile of paved medians every 2 years until 2046. Improvements pursuant to this subdivision shall be made where feasible and appropriate as part of a street reconstruction project or projects impacting consecutive blocks of a street for which funds have been appropriated in the capital budget, and shall be made in each of the 5 boroughs. When determining where such improvements shall be made, the commissioner shall prioritize improvements in high priority investment areas. Such improvements shall include adding planted medians, tree beds, or stormwater management infrastructure. c. Beginning February 1, 2026, and every February 1 thereafter until February 1, 2046, the commissioner shall submit a report to the mayor and the speaker of the council detailing the length and location of any paved median improved pursuant to this section in the preceding calendar year, the cost of making such improvement, and whether such improvement was made in a high priority investment area. Such report may be included in the update required by paragraph 2 of subdivision d of section 19-199.1. d. The department shall be responsible for the cleaning and maintenance of all medians improved pursuant to this section, except that the mayor may designate any other agency or office to be responsible for the cleaning and maintenance of any median improved pursuant to this section. This section does not interfere with the commissioner of parks and recreation’s jurisdiction or responsibilities over trees and vegetation pursuant to section 18-104. The department shall post on its website a list or map that identifies each median improved pursuant to this section, and identifies the agency or office responsible for the cleaning and maintenance of that median. (L.L. 2024/094, 10/12/2024, eff. 1/10/2025)

NYC Admin. Code § 19-159.9 Vegetation on new medians separating bicycle lanes from motorized vehicle traffic.

§ 19-159.9 Vegetation on new medians separating bicycle lanes from motorized vehicle traffic. a. When designing a new median that separates a bicycle lane from motorized vehicle traffic, the department shall consult with the department of parks and recreation or other appropriate agency to determine the feasibility of planting trees and other vegetation on such median. In making such determination, the department shall prioritize the planting of trees and shall consider public safety, the suitability of the median for the growth of trees and other vegetation, the potential impact on underground infrastructure, the existence of a plan for long-term cleaning and maintenance, and other factors the department deems appropriate. b. The department shall build such median to accommodate the planting of trees and other vegetation in accordance with the determination made pursuant to subdivision a of this section, unless such determination indicates that the planting of trees or other vegetation on such median is infeasible. c. The department shall post on its website a list or map that identifies each such median built pursuant to subdivision b of this section, and identifies the agency or office responsible for the long-term cleaning and maintenance of the median. d. The department of parks and recreation shall plant or permit to be planted trees on such median in accordance with the determination made pursuant to subdivision a of this section and with section 18-106. The department of parks and recreation or another agency authorized to plant vegetation or permit such vegetation to be planted shall also plant or permit to be planted other vegetation on such median in accordance with such determination. (L.L. 2026/031, 1/17/2026, eff. 10/14/2026)

NYC Admin. Code § 19-160 Open restaurants; license and revocable consent required for sidewalk cafe and roadway cafe.

§ 19-160 Open restaurants; license and revocable consent required for sidewalk cafe and roadway cafe. Editor's note: this section has been amended by L.L. 2026/144, 9/12/2026, eff. 1/10/2027 and L.L. 2026/145, 9/12/2026, eff. 5/10/2027. a. Any person owning, leasing, managing or operating a ground floor restaurant upon property which abuts upon any street may establish and operate a sidewalk cafe upon the sidewalk or sidewalk widening of such street in an area immediately adjacent to its premises, or a roadway cafe upon the roadway adjacent to the curb in front of such ground floor restaurant, or both, provided that such sidewalk cafe or roadway cafe shall be granted a license and a revocable consent by the commissioner, and provided further that a sidewalk cafe located entirely on a sidewalk widening shall be granted a license and consent for the use of such sidewalk widening as a sidewalk cafe by the commissioner. Notwithstanding the preceding sentence, no such license shall be granted or renewed for the operation of an enclosed sidewalk cafe at any location other than a location where: (i) an enclosed sidewalk cafe had been constructed pursuant to a permit issued by the department of buildings and in accordance with section 3111 of the New York city building code prior to March 16, 2020; and (ii) an enclosed sidewalk cafe was lawfully operated as such on March 16, 2020 or at any time within 4 years prior to such date. Granting or renewal of any such license at such a location for the operation of an enclosed sidewalk cafe shall be in accordance with this section and section 19-160.2 of this code. b. 1. The department, consistent with chapter 14 of the charter and the provisions of this subchapter, shall promulgate rules relating to (i) the granting of such licenses and revocable consents, and the administration of such licenses and revocable consents; (ii) the design of a sidewalk cafe or roadway cafe; (iii) priorities among applicants for a license covering the same area on a sidewalk or a roadway; (iv) the operation and maintenance of any sidewalk cafe or roadway cafe to prevent undue obstruction of the street, to ensure good order, public safety and the general welfare and to secure the beneficial purpose of opening streets to outdoor dining; and (v) the design and operation of a year-round roadway cafe, which shall include requirements for snow removal, winterization standards, and other standards specific to year-round operation to facilitate use of such cafe for the purpose of providing service throughout the year. The department of sanitation, in consultation with the department, may promulgate rules relating to cleanliness and snow removal for a roadway cafe. 2. A sidewalk cafe, other than an enclosed sidewalk cafe, shall be open-air and contain only readily removable tables, chairs, and other removable decorative items as described in rules promulgated by the department, except that: (i) from November 30 to March 31 inclusive, the operator of a sidewalk cafe may, in accordance with such rules, equip such a cafe with a readily removable vertical winterization covering that may be attached to an overhead covering, or to an awning, either of which may be affixed to a building, provided that such overhead covering or awning complies with the requirements for an awning in the New York city construction codes and any requirement of the landmarks preservation commission, as applicable; and (ii) the department may promulgate rules to allow the use of readily removable vertical protective coverings and overhead coverings in other circumstances that the department determines warrants the temporary use of such vertical protective coverings and overhead coverings. 3. A roadway cafe shall be open-air and contain only readily removable tables, chairs, and other removable decorative items as described in rules promulgated by the department, except that: (i) from November 30 to March 31 inclusive, the operator of a roadway cafe may, in accordance with such rules, equip such cafe with a vertical winterization covering that may be attached to an overhead covering; and (ii) the department may promulgate rules to allow the use of readily removable vertical protective coverings and overhead coverings in other circumstances that the department determines warrants the temporary use of such vertical protective coverings or overhead coverings. 4. A 15-foot emergency travel lane shall be maintained on any roadway where the department has granted a consent for a roadway cafe, provided that the department may permit an emergency travel lane width of less than 15 feet on a roadway where such an emergency travel is consistent with public safety, in accordance with the rules of the department. 5. Smoking and the use of an electronic cigarette, as defined in section 17-502, are prohibited in an outdoor area of a sidewalk cafe or a roadway cafe. c. No rule promulgated by the department in relation to the license granted to a sidewalk cafe or a roadway cafe in accordance with subdivision b of this section shall: (i) prevent a sidewalk cafe or a roadway cafe from opening for operation at or after 10:00 a.m. daily; (ii) allow a sidewalk cafe, other than an enclosed sidewalk cafe, or a roadway cafe to operate after 11:00 p.m. daily or before 10:00 a.m. on Sundays; (iii) authorize a roadway cafe, other than a year-round roadway cafe or an existing roadway cafe with an interim license for year-round operation, to operate on any day from November 30 to March 31, inclusive; or (iv) authorize a roadway cafe to use any portion of a roadway, for which the department has granted a revocable consent to operate such cafe, for storage or any other purpose other than serving customers during operating hours. d. A license to operate a sidewalk cafe shall be granted after the review and approval of a petition for a revocable consent to establish and operate such cafe pursuant to the provisions of this subchapter and the rules of the department, except that a license to operate a sidewalk cafe located entirely on a sidewalk widening shall be granted after review and approval of a petition for a consent to operate such sidewalk cafe in accordance with the rules of the department, which shall provide for notice of such petition to the affected community board and council member. A license to operate a roadway cafe shall be granted after the review and approval of a petition for a revocable consent to establish and operate such cafe pursuant to chapter 14 of the charter, the provisions of this subchapter, and the rules of the department. There shall be a separate license for a year-round roadway cafe and a seasonal roadway cafe. An operator of a sidewalk cafe shall cause the boundary of the area licensed as a sidewalk cafe to be marked and separated in a manner prescribed pursuant to rules of the department. An operator of a roadway cafe shall cause the boundary of the area licensed as a roadway cafe to be delineated and protected by barriers in a manner prescribed in rules of the department. e. No license shall be granted for a sidewalk cafe or roadway cafe located in a historic district, on a landmark site or attached or adjacent to a landmark or an improvement containing an interior landmark without the applicant for such license having obtained the approval of the landmarks preservation commission, provided that the petition for a revocable consent to establish or operate a sidewalk cafe or a roadway cafe or the petition to operate a sidewalk cafe located entirely on a sidewalk widening includes work or improvements for which such approval is required pursuant to chapter 3 of title 25 of this code. The landmarks preservation commission shall make a determination on such application no later than 10 business days after the date of receipt of a complete application, unless the landmarks preservation commission determines that such sidewalk cafe or roadway cafe may have an effect on the exterior architectural features of a landmark or a building or buildings within a historic district and a public hearing is required. f. No license or revocable consent or consent with respect to a sidewalk cafe located entirely on a sidewalk widening shall be granted for a sidewalk cafe or roadway cafe which obstructs the means of egress from any portion of a building. g. There shall be separate fees for a sidewalk cafe license, a year-round roadway cafe license, and a seasonal roadway cafe license. The fee for a license to establish and operate a sidewalk cafe, and for the renewal of such a license, shall be $1,050 for each license period. The fee for a license to establish and operate a year-round roadway cafe, and for the renewal of such a license, shall be $1,050 for each license period. The fee for a license to establish and operate a seasonal roadway cafe, and for the renewal of such a license, shall be $1,050 for each license period. Such license and renewal fees shall be in addition to the amount required to be paid upon approval of a petition for a revocable consent, or renewal thereof, to establish and operate a sidewalk cafe or roadway cafe. h. The term of a license granted pursuant to this subchapter shall be 4 years. i. A licensee must provide adequate service to maintain the tables in the sidewalk cafe or roadway cafe and the adjacent street in a manner that ensures good order and cleanliness. j. The license to establish and operate a sidewalk cafe or a roadway cafe shall be personal to the applicant and may not be sold, leased or transferred. Such license shall not be deemed revoked by the sale or transfer of the lease or of title to the building or structure to which the sidewalk cafe or roadway cafe is related unless such sale or transfer materially alters the plans submitted for the license application or the revocable consent. k. The department shall grant an interim license to an existing roadway cafe solely for year-round operation provided that such cafe submits an application by electronic means, on the department’s website for such an interim license in accordance with this subdivision. Notwithstanding subdivision h of this section, the term of such interim license shall be 1 year, and may be renewed each year during the term of the revocable consent granted to such existing roadway cafe. The fee for such interim license for year-round operation shall be $630 and shall be in addition to the fee paid to obtain a license for a roadway cafe. Upon the expiration of an interim license for year-round operation of a roadway cafe, and failure to renew such interim license, a roadway cafe may only operate year-round, including the period from November 30 through March 31, where the department grants a license to operate a year-round roadway cafe in accordance with this section, and a revocable consent for a year-round roadway cafe in accordance with section 19-160.1. (L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023; Am. L.L. 2026/135, 8/31/2026, eff. 8/31/2026; Am. L.L. 2026/143, 9/12/2026, retro. eff. 8/31/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/121.

NYC Admin. Code § 19-160.1 Review and approval of petitions to establish and operate roadway cafes.

§ 19-160.1 Review and approval of petitions to establish and operate roadway cafes. a. It shall be unlawful for any person to establish or operate a roadway cafe without a revocable consent granted pursuant to chapter 14 of the charter, this section and any rules adopted by the commissioner pursuant thereto. b. The petition shall be in such form as prescribed by rules of the department and shall include an accurate drawing depicting required clearances, the space to be occupied, whether such cafe would operate as a year-round roadway cafe or a seasonal roadway cafe, and the locations of tables, chairs, barriers and other permitted objects; provided, however, that the department shall not require that such drawing be developed, reviewed or approved by an architect, engineer, or other professional third party. The petition shall be reviewed by the department and other relevant agencies as determined by the department. b-1. The department may prescribe separate forms and procedures for the review of a petition for a revocable consent to operate a year-round roadway cafe where an applicant has been granted a license and revocable consent to operate a roadway cafe, and where an applicant has been granted an interim license for year-round operation of an existing roadway cafe. c. A revocable consent for a roadway cafe shall provide for compensation to be paid annually to the city during the continuance of the consent. Such annual compensation shall be equivalent to the product of the fee rate and the square footage of a roadway cafe. There shall be 4 sectors, as described on the website of the department, provided that sectors 3 and 4 shall only include the area south of and including 125th Street in the borough of Manhattan and the fee rate for sector 1 shall apply to a minimum of 80 percent of the city. 1. The fee rate for each sector for a revocable consent for a seasonal roadway cafe shall be as follows: Sector Fee Rate 1 $5 2 $8 3 $14 4 $25 2. The fee rate for each sector for a revocable consent for a year-round roadway cafe shall be as follows: Sector Fee Rate 1 $6 2 $10 3 $18 4 $31 d. A roadway cafe may not be operated prior to the approval of a petition for a consent therefor by the department pursuant to chapter 14 of the charter, this section and any rules promulgated by the department, except as otherwise provided by section 19-160.6 or subdivision k of section 19-160. e. The department shall provide notice of a petition for a revocable consent for a roadway cafe to the affected community board and council member, and, to the extent practicable, provide an opportunity for both the community board and council member to submit comments to the department related to each petition in a manner prescribed in rules of the department. f. 1. The term of a revocable consent, and the term of a renewal of such revocable consent, granted pursuant to this section shall be 1 license period and shall be concurrent with such license period. For the purposes of this subdivision, a license period shall not include the portion of the term of an interim license granted pursuant to subdivision k of section 19-160. 2. Unless the mayor has determined that separate and additional mayoral approval is not required for approval of a petition for a revocable consent or any category of such petition, such approval shall be necessary. g. Notwithstanding any provision of a revocable consent granted to an existing roadway cafe pursuant to this section to the contrary, such revocable consent shall be deemed to have been granted for year-round operation for the remainder of the term of such revocable consent. (L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023; Am. L.L. 2026/135, 8/31/2026, eff. 8/31/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/121.

NYC Admin. Code § 19-160.2 Review and approval of petitions to establish and operate sidewalk cafes.

§ 19-160.2 Review and approval of petitions to establish and operate sidewalk cafes. A petition for a revocable consent to establish and operate a sidewalk cafe shall be reviewed and approved in the following manner: a. The petition shall be in such form as prescribed by the department. The petition shall include an accurate drawing depicting required clearances, the space to be occupied, and the locations of tables, chairs, barriers and other permitted objects. Such drawing may be developed by an architect, engineer, or other professional third party, or by the petitioner. The petition filed with the department shall be complete and accurate, as determined by the department, and the department shall, within 5 days of the filing of such complete and accurate petition, forward such petition by electronic mail to the president of the borough in which the cafe is proposed to be located, the speaker of the council and the council member in whose district the cafe is proposed to be located, for information purposes, and to the community board for the community district in which the cafe is proposed to be located, for review pursuant to subdivision b of this section. b. The community board shall, not later than 40 days after receipt of such petition, either (i) notify the public of the petition, conduct a public hearing thereon and submit a written recommendation to the department and to the council or (ii) waive by a written statement its public hearing and recommendation on such petition and submit such statement to the department and to the council. The petitioner shall amend the petition if both the community board and the petitioner agree to modifications in writing. Such modifications shall be reflected in the written recommendations of the community board to the department and the council. The community board shall not require the petitioner to submit or provide the community board with any written materials other than the petition and any such agreed upon modifications. If the community board submits a recommendation on a petition after the 40 day time period has expired, such recommendation may be accepted by the department at the sole discretion of the department. c. 1. Except as provided in paragraphs 2 and 3 of this subdivision, within 20 days after the expiration of the period allowed for the filing of a recommendation or waiver by the community board pursuant to subdivision b of this section, the department shall (i) approve the petition for a sidewalk cafe, disapprove it or approve it with modifications; and (ii) file with the council any such decision to approve or approve with modifications, together with the petition. Such approval or approval with modifications shall be final approval of the revocable consent unless the council and mayor act pursuant to subdivision e and f of this section. 2. The department shall hold a public hearing on a petition for a sidewalk cafe if (i) a community board has submitted a recommendation to deny the petition; (ii) a community board has submitted a recommendation to approve such petition with substantial modifications or conditions and the petitioner does not agree to adopt such modifications; or (iii) the department has determined that such a hearing would be beneficial to address a concern about the effect of a sidewalk cafe at the proposed location. If the department holds such a public hearing, within 30 days after the expiration of the period allowed for the filing of a recommendation or waiver by the community board pursuant to subdivision b of the section, or within 45 days after the expiration of such period when the department plans to combine the public hearing on the petition with the public hearing required on 1 or more additional petitions pursuant to paragraph 3 of this subdivision, the department shall (i) hold a public hearing on the petition pursuant to subdivision d of this section, (ii) approve the petition, disapprove it or approve it with modifications, and (iii) file with the council any such decision to approve or approve with modifications, together with the petition. Such approval or approval with modifications shall constitute final approval of the revocable consent subject to review by the council or mayor pursuant to subdivisions e and f of this section. 3. Where the department holds a public hearing pursuant to paragraph 2 of this subdivision, the department may hear 1 or more petitions at the same public hearing upon a determination that doing so is in the public interest. d. At least 15 days prior to the date of a hearing held pursuant to paragraph 2 of subdivision c of this section, the department will give notice to the community board for the district in which the cafe is proposed to be located, to the president of the borough in which the cafe is proposed to be located and to the council member in whose district the cafe is proposed to be located. Not less than 5 calendar days prior to the date of any such hearing, notice of the hearing shall be published in the City Record and in the print or online edition of 1 newspaper of local circulation in the community where the cafe is proposed to be located. e. At the next stated meeting after the date the petition is received by the council pursuant to subdivision c of this section the council may resolve by majority vote of all the council members to review the petition, except that if such meeting is scheduled to occur less than 3 days after such date, the council may so resolve at the following stated meeting. If the council does not so resolve, the approval or approval with modifications of the petition by the department shall be forwarded to the mayor pursuant to subdivision f of this section, unless, in accordance with subdivision g of this section, the petition, or the category of such petition, is one for which the mayor has determined that separate and additional mayoral approval is not required. f. If the council resolves to review a petition pursuant to subdivision e of this section, the council shall hold a public hearing, after giving public notice not less than 5 days in advance of such hearing. The council shall take final action on the petition and shall file with the mayor its resolution, if any, with respect to the petition, except that if, in accordance with subdivision g of this section, the petition, or the category of such petition, is one for which the mayor has determined that separate and additional mayoral approval is not required, the council shall file its resolution with the department. Such filing of the resolution shall take place within 45 days of the filing of the petition with the council pursuant to subdivision c of this section. The affirmative vote of a majority of all the council members shall be required to approve, approve with modifications or disapprove the petition. Any modification by the council shall not affect the terms of any proposed revocable consent agreement which relate to term, compensation, revocability, exclusivity, security, insurance, indemnification, erection, operation, maintenance or removal of any structure, right of access by the city and rights of abutting property owners. If within the time period provided for in this subdivision, the council fails to act or fails to act by the required vote on a petition, the council shall be deemed to have approved the petition. If within the time period provided for in this subdivision, the council approves the petition with modifications, the petitioner shall accept such modifications within 15 days of such approval, or the council shall be deemed to have denied the petition. g. 1. The term of the revocable consent, and the term of a renewal of such consent, shall be 1 license period and shall be concurrent with such license period. 2. The consent shall be upon such conditions as may be provided in the approval of the petition by the department, as such approval may be modified by action of the council pursuant to subdivision f of this section, but shall be revocable at any time by the department. The separate and additional approval of the mayor shall be necessary to its validity, unless the mayor has determined that separate and additional mayoral approval is not required for such petition or any category of such petitions. h. A revocable consent for a sidewalk cafe, or a consent to operate a sidewalk cafe located on a sidewalk widening, shall provide for compensation to be paid annually to the city during the continuance of the consent. Compensation shall be equivalent to the product of the fee rate and the square footage of a sidewalk cafe. There shall be 4 sectors, as described on the website of the department, provided that sectors 3 and 4 shall only include the area south of and including 125th Street in the borough of Manhattan, and the fee rate for sector 1 shall apply to a minimum of 80 percent of the city. The fee rate for each sector shall be as follows: Sector Fee Rate 1 $6 2 $10 3 $18 4 $31 i. 1. Notwithstanding subdivision h of this section, a revocable consent for an enclosed sidewalk cafe shall provide for compensation to be paid annually to the city during the continuance of the consent at the rate required to be paid for such cafe as of March 16, 2020 pursuant to the rules of the department of consumer and worker protection in effect prior to the date this section takes effect. 2. On January 1, 2028 and every 4 years thereafter, the department may increase or decrease such compensation for an enclosed sidewalk cafe in accordance with increases or decreases in the sector rate. j. Notwithstanding subdivision a through g of this section, a petition for a consent to establish a sidewalk cafe located entirely on a sidewalk widening, as demonstrated to the satisfaction of the department, shall be reviewed and approved in accordance with the rules of the department. k. Except as otherwise provided by section 19-160.6, a sidewalk cafe may not be operated prior to the approval of the consent therefor by the department pursuant to this section. (L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023; Am. L.L. 2026/135, 8/31/2026, eff. 8/31/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/121.

NYC Admin. Code § 19-160.3 Alcohol consumption in a sidewalk or roadway cafe.

§ 19-160.3 Alcohol consumption in a sidewalk or roadway cafe. Notwithstanding any other provision of this code, beer and alcoholic beverages may be served in a sidewalk cafe or roadway cafe to the extent permitted by state law. (L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/121.

NYC Admin. Code § 19-160.4 No advertising in a sidewalk or roadway cafe.

§ 19-160.4 No advertising in a sidewalk or roadway cafe. No advertising sign, picture, flag, banner, side curtain or other device, including an illuminated or non-illuminated sign, shall be placed or painted on or affixed to any awning, screen or other appurtenance used in connection with a sidewalk cafe or roadway cafe, except that the name of the restaurant, the logo of the restaurant, the menu and information on the services provided by the restaurant may be painted, imprinted or otherwise displayed in a manner prescribed by rules promulgated by the department. (L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/121.

NYC Admin. Code § 19-160.5 Violations; penalties for a sidewalk or roadway cafe.

§ 19-160.5 Violations; penalties for a sidewalk or roadway cafe. Editor's note: this section has been amended by L.L. 2026/145, 9/12/2026, eff. 5/10/2027. a. Any person found to be operating an unlicensed sidewalk cafe or unlicensed roadway cafe shall be subject to civil penalties as described in section 19-150 and enforcement pursuant to section 19-151. For purposes of this section, any violation for operating an unlicensed sidewalk cafe or unlicensed roadway cafe shall be included in determining the number of violations by any subsequent license holder at the same place of business unless the subsequent license holder provides the department with adequate documentation demonstrating that the subsequent license holder acquired the premises or business through an arm's length transaction as defined in subdivision d of this section and that the sale or lease was not conducted, in whole or in part, for the purpose of permitting the original license holder to avoid the effect of violations on the premises. b. Any holder of a license to operate a sidewalk cafe or a roadway cafe license shall be subject to the civil penalties described in section 19-150 and enforcement pursuant to section 19-151 where such holder is found to be operating such cafe in violation of: (i) any provision of section 19-160 through 19-160.6 or any rule promulgated thereunder, (ii) the terms or conditions of such license, or (iii) the terms or conditions of a revocable consent to operate such cafe. c. In addition to any other enforcement procedures authorized by this subchapter, the department may, after providing notice and an opportunity to be heard, suspend or revoke a license to operate a sidewalk or roadway cafe and order the removal or sealing of such sidewalk or roadway cafe for 3 or more violations of the same provision of this subchapter or rules of the department promulgated under this subchapter within a 2 year period; or any 6 or more violations of any provision of this subchapter or rules of the department promulgated under this chapter within a 2 year period. d. For purposes of this section, a subsequent license holder shall be liable for violations by a prior license holder unless the subsequent license holder provides the department with adequate documentation demonstrating that the subsequent license holder acquired the premises or business through an arm's length transaction and that the sale or lease was not conducted, in whole or in part, for the purpose of permitting the original license holder to avoid the effect of violations on the premises. For purposes of this subdivision, the term "arm's length transaction" means a sale of a fee or all undivided interests in real property, or lease of any part thereof, or a sale of a business, in good faith and for valuable consideration, that reflects the fair market value of such real property, lease or business in the open market between 2 informed and willing parties, where neither party is under any compulsion to participate in the transaction, unaffected by any unusual conditions indicating a reasonable possibility that the sale or lease was made for the purpose of permitting the original licensee to avoid the effect of violations on the premises. The following sales or leases shall be presumed not to be arm's length transactions unless adequate documentation is provided demonstrating that the sale or lease was not conducted, in whole or in part, for the purpose of permitting the original licensee to avoid the effect of violations on the premises: 1. a sale between relatives; 2. a sale between related companies or partners in a business; or 3. a sale or lease affected by other facts or circumstances that would indicate that the sale or lease is entered into for the primary purpose of permitting the original licensee to avoid the effect of violations on the premises. e. Corrective action request. Notwithstanding subdivision b of this section, if the department finds that any holder of a license to operate a sidewalk cafe or roadway cafe has violated for the first time (i) any provision of section 19-160 through 19-160.6 or any rule promulgated thereunder, or (ii) the terms or conditions of such license, the department shall notify such license holder of such violation and request that action be taken to correct such violation within 30 days and shall afford such licensee an opportunity to contest the department's finding in a manner set forth in rules of the department. Nothing in this subdivision prohibits the department from issuing a notice of violation for any such violation that has not been corrected within such 30 days. f. Notwithstanding any inconsistent provision of this section, the decision to suspend or revoke a license shall be waived if, upon the submission of satisfactory proof, the department determines that the person or persons who committed the violations which are the basis for the suspension or revocation acted against the licensee's instructions in committing such violations. g. The commissioner may order the removal of any furniture, equipment, structure or other obstruction used in connection with the operation of an outdoor dining area on the sidewalk or in the roadway by a person that is not licensed to operate a sidewalk cafe or roadway cafe pursuant to this subchapter and has no other lawful right to operate an outdoor dining area on such sidewalk or in such roadway or where any furniture, equipment, structure or other obstruction placed on the sidewalk or roadway by a licensee is inconsistent with criteria or design for such area as set forth in the rules of the department. Such order shall be served in the manner provided by the rules of the department and shall afford the person to whom such order is directed an opportunity to be heard in accordance with such rules. Where such order has not been complied with within a reasonable period of time as set forth in such order, officers or employees of the department or the police department may remove such furniture, equipment, structure or other obstruction from the sidewalk or the roadway and convey them to a place of safety. Where the department has an address for the person to whom such order was directed, within 30 days of removal, the department shall mail to such person notice of such removal and the manner in which such furniture, equipment, structure or other obstruction may be claimed. Such furniture, equipment, structure or other obstructions shall not be released until all removal charges and storage fees have been paid or a bond or other security for such amount has been posted. Any furniture, equipment, structure or other obstructions that are not claimed shall be disposed of in accordance with applicable law and the rules of the department. Nothing in this section is intended to alter or affect the power of the commissioner to immediately remove any obstruction from the sidewalk or roadway that the commissioner determines is a danger to public welfare, safety, or energy system reliability, including planned or emergency utility work. (L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/121.

NYC Admin. Code § 19-160.6 Temporary authorization to operate.

§ 19-160.6. Temporary authorization to operate. a. Where an applicant for a license to operate a sidewalk cafe or a roadway cafe submits a petition for a revocable consent to operate a sidewalk cafe or roadway cafe for which a revocable consent granted to another person has lapsed or was terminated, the commissioner may authorize such applicant to operate the sidewalk cafe or roadway cafe at such premises pending the approval of a revocable consent for operating such cafe, provided that the plans for the cafe are the same as the cafe for which a revocable consent to operate had previously been granted and, if it is an enclosed sidewalk cafe, that the structure is the same for which consent was previously granted, and, provided further that such applicant makes a good faith effort to be granted a revocable consent to operate such sidewalk cafe or roadway cafe. For the purposes of this section, the commissioner may not authorize an applicant to operate a sidewalk cafe or a roadway cafe if the original consent has been expired for more than 2 years from the date of the submission of the petition of such applicant. b. Where the department has approved a petition for a revocable consent to operate a sidewalk cafe or roadway cafe pursuant to chapter 14 of the charter, the rules of the department and sections 19-160.1 or 19-160.2 of this code, as applicable, the commissioner may authorize such applicant to operate such cafe pending the registration of such revocable consent by the comptroller, provided that: (i) the comptroller has consented to such authorization by the commissioner; and (ii) where the petition is for a revocable consent to operate a sidewalk cafe, the time for council to resolve to review such petition pursuant to subdivision e of section 19-160.2 of this code has expired, or the council has resolved to review such petition and has either approved such petition pursuant to subdivision f of such section, or has approved such petition with modifications and the petitioner has accepted such modifications in accordance with such subdivision. (L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/121.

NYC Admin. Code § 19-160.7 Report on compensation for revocable consent to operate sidewalk and roadway cafes.

§ 19-160.7. Report on compensation for revocable consent to operate sidewalk and roadway cafes. No later than May 1, 2027, and every 4 years thereafter, the commissioner shall submit a report to the speaker of the council and the mayor on the changes to the median annual rent charged for a ground floor commercial premises for each sector, the corresponding percent land area for each sector, the number of restaurants operating sidewalk and/or roadway cafes in each sector, and the square footage of each sidewalk and roadway cafe in operation. The commissioner may include with any such report a recommendation to increase or decrease the fee rate or adjust the sectors. (L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/121.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-30398Fetched: 10/24/2026

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