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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)
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)
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)
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)
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)
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)
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)
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