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.
(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.