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(a) Definitions. For the purposes of this section, the following terms have the following meanings:
Moped. The term "moped" means any limited use motorcycle as defined in section 121-b of the Vehicle and Traffic Law.
Moped share system. The term "moped share system" means a network of self-service and publicly available class B or class C limited use motorcycles that are registered in accordance with the New York State Vehicle and Traffic Law, and any related infrastructure, in which a trip begins and/or ends on any public highway in the City of New York. All mopeds in such a share system must be electric powered.
(b) Permit required. Any operator of a moped share system must first obtain a permit from the Department for the use of or operation on any public highway (as defined in 34 RCNY § 4-01). This permit establishes the operator as a qualified moped share system operator and it also specifies the particular mopeds in the qualified operator's fleet that it is authorized to operate under this share system. Such permit constitutes the moped share system permit authorized by the Department. However, such permit will expire, by operation of law, if the Department exercises its option, pursuant to subdivision h of § 19-176.3 of the Administrative Code, to establish a moped share system through a procurement and contracting process.
(c) Permit term, renewal, and fees. Each moped share system permit will be issued for a term of six (6) months and may be renewed. Each permit applicant must pay a permit fee of $1,050 . If the moped share system permit is renewed, the permit holder must pay to the Department a moped share system permit renewal fee of $4,100 every six (6) months.
(d) Application. An application for a moped share system permit must be submitted on a form prescribed by the Department which will include, but not be limited to, the following information:
(1) Legal name of the operator; its "Doing Business As" (DBA) certificate; certified copy of the Certificate of Incorporation and proof of registration with the New York State Department of State; company address; contact name; contact telephone number; contact e-mail address;
(2) Proof that all mopeds intended for use in the moped share system are registered with the New York State Department of Motor Vehicles and have a maximum speed of thirty miles per hour;
(3) Proof of automobile insurance for all mopeds intended for use in the moped share system;
(4) Make, model, length, weight, and battery range of all mopeds intended for use in the moped share system;
(5) Operating plan including proposed fleet size, rate structure, parking policies, and service area;
(6) Safety plan;
(7) Vehicle maintenance and inspection plan;
(8) Rider accountability and compliance plan;
(9) Community outreach plan;
(10) Equity plan;
(11) User terms and conditions; and
(12) Any other information as specified in the application.
(e) Review of applications for and issuance of moped share system permits.
(1) The Department may decline to issue a moped share system permit to an applicant that:
i. Is in arrears to the City of New York for an amount totaling more than one thousand dollars; or
ii. Does not provide proof of insurance; or
iii. Uses mopeds that are not owned or leased by the moped share system operator or rents mopeds to customers utilizing an application that is not owned by, or leased for the exclusive use of, the moped share system operator; or
iv. Has a demonstrated an unsafe record in the City of New York or any other city where it operates a moped share system, including but not limited to a record of inadequate user safety requirements or vehicle maintenance practices; or
v. Does not adhere to the conditions of any previously issued permit.
(2) If the Department declines to issue such a permit because the application or any of the conditions described in paragraph (3) of this subdivision are incomplete or insufficient, the applicant will have fifteen days from receipt of the denial to appeal the determination to the Commissioner. The Department will make a final determination on the appeal within thirty days.
(3) Conditions of moped share system permit. The permit holder must:
i. Provide to the Department an operating plan outlining moped share system's service area, fee structure, parking policies, moped model specifications, and fleet size.
ii. Provide to the Department a safety plan outlining user safety and operating training, user helmet compliance measures, and other safety measures, which may include but not be limited to:
A. providing to users the option of in-person safety and operating training classes;
B. providing to users in-app safety and operating training;
C. submitting to the Department for review and approval its safety curricula and related materials; and
D. instituting a probationary period for new users with additional riding restrictions, unless the user takes an in-person safety and operating training class.
iii. Provide to the Department a user accountability and compliance plan outlining user monitoring measures which may include but not be limited to:
A. a community reporting tool enabling members of the public to report violations of traffic rules by users of the moped share system through the system's mobile application, website and e-mail;
B. a user sanctioning policy that does not include user monetary penalties for safety violations; however, the permit holder may recoup municipal parking fines from the user (although ultimately the permit holder is responsible for any monies due to the City) or use monetary penalties for violations of non-safety provisions of its user agreements; and
C. account sharing prevention measures.
iv. Provide to the Department a maintenance and inspection plan outlining the applicant's moped inspection, preventative maintenance, and repair program.
v. Provide to the Department a community outreach plan that will guide the permit holder's engagement of stakeholders within the proposed area of operation.
vi. Provide to the Department an equity plan outlining measures to provide access to the moped share system to low- and moderate-income residents.
vii. Ensure that all mopeds in the permit holder's fleet are equipped with a helmet, including a helmet for any passengers (if applicable).
viii. Include no binding arbitration clause and no waiver of class action rights relating to personal injury claims in its customer terms of service, liability waiver, or any equivalent user agreement.
ix. Protect the data of users, including but not limited to not sharing or selling of personal data with third parties, and providing data privacy when accessing any moped share system application.
x. Operate only during the hours of operation approved by the Department;
xi. Operate only within area(s) approved by the Department.
xii. Operate only a Department-approved number of mopeds in the moped share system.
xiii. Not operate in areas where mopeds are proscribed by law from being operated. This includes parks, bridges or any limited access highways where such usage is prohibited by the Department by rule.
xiv. Indemnify the City against legal liabilities associated with the use, operation, and occupancy of the public highway in its operations.
xv. Track all crashes involving its moped share system.
xvi. Notify the Department of any crashes involving property damage and injuries and issues which could affect public safety, including but not limited to reports of criminal activity involving the moped share system, and incidents involving responses from the Police and Fire Departments.
xvii. Provide the Department with a thirty-day notice if a permit holder decides to discontinue its operations.
xviii. Clearly display the permit holder's name or logo and contact information prominently on each of its mopeds; however, no other logo or any kind of advertisement shall be allowed.
xix. Promptly notify the Department of any changes to the information provided in its application.
xx. Share and regularly report to the Department the data specified in subdivision (g) of this section.
xxi. Provide a performance bond to cover all costs and expenses that may be incurred by the City as a result of the authorized activity for which the permit is issued or for the purpose of otherwise safeguarding the interests of the City. The bond must be in the form prescribed by the Department. Such performance bond described above must cover all permitted activities described herein.
xxii. Comply with any terms and conditions of the permit issued by the Department, including but not limited to levels of service.
xxiii. Comply with all applicable laws, rules and regulations related to the operation of the moped share system.
(f) Suspension, revocation, refusal to renew share system permits.
(1) The Department may suspend or revoke a moped share system permit, refuse to renew such a permit, or reduce the authorized fleet size of the moped share system for failure to comply with any of the terms and conditions of the share system permit, these rules, or other applicable law or rule.
(2) Prior to suspending or revoking a moped share system permit, the permit holder will be provided with an opportunity to be heard. The Department will serve the moped share system permit holder with a notice specifying the nature of the violation prior to conducting the suspension or revocation hearing.
(3) Prior to refusing to renew such a permit or ordering a reduction in the authorized fleet size of a moped share system, the permit holder will be provided with an opportunity to be heard upon request.
(4) In the event that the Department revokes a moped share system permit, the permit holder must remove all of its mopeds within 24 hours of revocation.
(5) In the event that the Department refuses to renew a moped share system permit or reduces the authorized fleet size of the moped share system, the permit holder must remove its mopeds or the required number of mopeds, as applicable, within five business days of notification.
(6) The Department may immediately suspend or revoke a moped share system permit if the Department believes such continued authorization would constitute a direct and substantial threat to public health or safety, pending a suspension or revocation hearing. However, the department must schedule such hearing no later than 15 business days from the date of such immediate suspension or revocation and notify the moped share system permit holder of the hearing date 5 business days in advance.
(7) The Department's decision regarding suspension or revocation will be the Department's final determination.
(g) Data sharing requirements.
(1) Each permit holder must provide to the Department datasets that may include but not be limited to the following:
i. Vehicle data;
ii. Trip summary data;
iii. Trip telematics data;
iv. Membership and user data;
v. Crash and injury data;
vi. Rebalancing actions data;
vii. Vehicle/battery recharging/swapping data;
viii. Safety and training data;
ix. Vehicle maintenance and repair data;
x. User compliance data;
xi. Company Enforcement Actions data;
xii. Community reporting data;
xiii. Customer service data;
xiv. Vehicle and battery vandalism/damage/theft data;
xv. Any other dataset included in the terms and conditions of the permit or requested by the Department.
(2) Data specified in paragraph (1) of this subdivision must be transmitted to the Department in real time, through a live application programming interface (API) such as those described in the Mobility Data Specification v1.0.0 or later, or comparable platforms. Other data is expected on at minimum a weekly basis. Crash and safety data should be relayed earlier, whenever possible.
(3) Each permit holder must provide a public-facing Generalized Bikeshare Feed Specification (GBFS) API endpoint. An additional private GBFS endpoint will be provided for use by the Department, which does not rotate vehicle IDs, but rather employs static ones consistent with data described in paragraph (1) of this subdivision.
(4) Each permit holder must conduct an annual user survey in a form prescribed by the Department.
(Added City Record 12/14/2021, eff. 12/14/2021)
(a) For purposes of this subdivision, the term "Theatre District Zone" has the same meaning as "theatre district zone" in § 19-157.1 of the Administrative Code.
(b) Pedestrian flow zones. Where the Department has designated by markings and/or signage Pedestrian Flow Zones in or on the Theatre District Zone, no person shall use such zones for any purpose other than the safe and continuous movement of pedestrian traffic.
(c) Designated activity zones.
(1) Where and when the Department has indicated by markings and/or signage one or more Designated Activity Zones on any block within the Theatre District Zone, no person on such block shall engage in Designated Activities outside Designated Activity Zones, except:
(i) where otherwise authorized by a concession agreement entered into by the Department; or
(ii) where otherwise authorized by an event permit issued by the Mayor's Office of Citywide Event Coordination and Management; or
(iii) where otherwise authorized by a permit issued by the Mayor's Office of Media and Entertainment; or
(2) A person may engage in Designated Activities on a block in the Theatre District Zone if such person is not within a Pedestrian Flow Zone and if such block does not contain any Designated Activity Zones.
(3) This subdivision shall not apply to operators of newsstands authorized by § 20-241.1 of the Administrative Code.
(Added City Record 12/9/2021, eff. 12/9/2021)
(a) Definitions. For purposes of this section, the terms below are defined as follows:
Community organization or open streets partner. The term “community organization” or “open streets partner” 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, including but not limited to schools, business improvement districts, civic associations, houses of worship, block associations, and merchant groups.
Open street. The term “open street” means a street or segment of a street within the jurisdiction of the Commissioner, 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. Open streets may be designated on a variety of street types, including shared streets. Open streets may be described as one of the following:
(i) Limited Local Access. The term “limited local access” means signage and traffic calming measures are used to discourage the use of vehicles except the following: (1) vehicles parking on the open street (all parking regulations apply); (2) vehicles collecting or dropping passengers on the open street; (3) vehicles making deliveries to residents, businesses, and institutions on the open street; (4) emergency vehicles; (5) Access-A-Ride vehicles; (6) public utility vehicles; and (7) City government service vehicles. Drivers are encouraged to drive five (5) miles per hour or slower while traversing the open street.
(ii) Full Closure. The term “full closure” means temporary closure of an open street to motor vehicle traffic, including motor vehicles intending to park, subject to § 19-107 of the Administrative Code, to allow for a range of car-free activities that support local businesses, community organizations, and schools, to create a space for the public to gather. Emergency access and an emergency lane must be clear at all times for emergency vehicle access.
(b) Applications to Designate Open Streets. In addition to streets or segments of streets selected by the Department to be designated as open streets pursuant to § 19-107.1 of the Administrative Code, the Department will accept applications to become an open streets partner for the purpose of managing and participating in the operation of open streets designated in areas under the Department’s jurisdiction.
(1) Applications.
(i) Applicant. Only an entity operating within the City may apply to. become an open streets partner. An applicant must have strong ties to the community where the open street is being proposed. Groups of three or more eligible organizations may submit a joint application, but any such group must identify one organization to apply for and represent the group. Applications submitted on behalf of a school, including but not limited to daycares, Pre-K, primary and secondary schools, colleges, and universities, must be submitted by the administration of such school.
(ii) Submission. Open streets applications may be submitted by mail or electronically. Electronic submissions are preferred.
(iii) Required Documentation. Applicants must submit the following documents in accordance with subparagraph (ii) of this paragraph:
(A) A completed application in a form prescribed by the Department, which will be posted each year on the Department’s website, and which may require applicants to submit information including, but not limited to, the mission of the applicant; the geographic bounds of the proposed open street; proposed duration and daily hours of operation; potential uses and programming for the proposed open street; and a description of measures to facilitate use of the proposed open street by people with disabilities;
(B) The applicant’s contact information, including a contact for emergencies;
(C) A site plan as provided in the application that clearly indicates all expanded business footprints; all areas of the proposed open streets corridor designated for programming; operational elements; any spaces on the roadway designated for use in the management of such proposed open street; unobstructed emergency access and an unobstructed emergency access lane throughout the proposed open streets corridor; and barrier placement;
(D) A management, staffing and operations plan that details how barricades and any other traffic control devices, as applicable, will be managed and monitored, including the moving of barricades in the event of an emergency; how the applicant will ensure that the proposed open street is clear and roadway reopened at the conclusion of open street hours, as applicable; how the applicant will ensure programming providers and businesses will comply with the site plan; and, for full closure open streets, the proposed cleaning and trash disposal procedures;
(E) A community outreach plan detailing how the applicant will regularly notify businesses, residents, and other relevant stakeholders about the proposed open street and its operation and programming;
(F) At least three (3) letters of support from community stakeholders including, but not limited to, property owners and businesses on the proposed open street; nearby institutions, such as churches and schools; elected officials; other not-for-profit groups, neighborhood and block associations; and neighborhood residents; and
(G) Proposed operational resources needed to manage the proposed open street, including but not limited to a projected operating budget for the management of the proposed open street (if any), financial materials, maintenance and operation services and programming.
(iv) The application form and guidelines regarding the management and operation of open streets are available on the Department’s website.
(v) Selection.
(A) The Department will consider the following factors when reviewing an application to designate an open street:
1. Safety of all street users;
2. Equitable distribution of open streets throughout the city;
3. Site context, including but not limited to:
a. Existing parks, open streets or other open spaces and their current utilization;
b. Existing access to public transportation and bicycle and pedestrian infrastructure; and
c. Integration with existing pedestrian and bicycle infrastructure.
4. Presence of bus routes, truck routes or medical facilities; and
5. Access for commercial deliveries and emergency vehicles.
(B) If the Department approves an application, it will notify the selected community organization and any affected City Council members, Community Boards, and Borough Presidents, and will notify the public by posting on its website, at least 45 days before designating the proposed open street.
(C) Limited local access open streets cannot be designated along a bus route or truck route.
(2) Management Agreement. A management agreement between the Department and the selected community organization may be required where the Department does not provide for the management of the open street. A community organization that does not enter into such a management agreement may nonetheless partner with the Department for purposes of providing programming or volunteers at an open street.
(3) List of Designated Open Streets. A list of all open streets shall be posted on the Department’s website.
(4) Renewal. An open streets partner may renew its application for the management of its previously approved open street on a short-form application prescribed by the Department annually and posted on the Department’s website. Such short-form renewal application will include an opportunity for the open streets partner to request any of the following:
(i) Additional resources;
(ii) Traffic control devices and/or calming measures;
(iii) Street furniture;
(iv) Accessibility improvements;
(v) Consideration of conversion of such open street to a shared street;
(vi) Adjusted operating hours; and
(vii) Adjusted boundaries.
(5) Rescinding Open Streets Designations. The Department may, at its discretion, rescind the designation of any open street if such rescission is necessary to facilitate construction or emergency services, or if the Department determines that public safety requires it or that such rescission would benefit the community.
(i) At least 30 days before the Department’s proposed date of rescission of the designation of an open street, the Department will notify the affected open streets partner, which may submit a written statement to the Department within ten (10) days of such notification.
(ii) The Department will consider any comments set forth in a timely delivered written statement before rescinding such designation.
(iii) Upon such rescission, the Department will notify any affected City Council members or Community Boards.
(c) Operation and Management of Open Streets. An open streets partner must operate and manage all aspects of an open street, including but not limited to the following:
(1) Open streets must be maintained in a manner that allows for emergency vehicle access at all times, including:
(i) the management of barricades and any other traffic control devices and/or calming measures as required by the Department;
(ii) monitoring the open street throughout the hours of operation and reporting issues and/or incidents to the Department;
(iii) reporting any emergency to the local police precinct;
(iv) adhering to the Department’s siting criteria; and
(v) setting up and breaking down any movable tables and chairs for public seating.
(2) An open street may be maintained for up to 24 hours per day and up to 366 days per year, subject to the Department’s discretion.
(3) The Department may, subject to § 19-107 of the Administrative Code, close 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.
(4) An open streets partner may operate a full closure open street, in addition to the hours of operation approved by the Department, on the following holidays upon written consent from the Department: New Year’s Day (observed), Martin Luther King Jr.’s Day, President’s Day, Memorial Day, Juneteenth (observed), Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day (observed).
(5) The Department may temporarily suspend an open street as necessary, including for safety, special events, severe weather events, construction, or any other purpose for which the Department determines a suspension will benefit the community. The Department will provide the open streets partner with reasonable notice to the extent practicable and post on its social media accounts that such open street is temporarily suspended. The open streets partner may be required to secure all barricades, signage, and other furniture and materials associated with the open street.
(6) Open streets are subject to inspections by the Department and/or its contractor(s).
(7) The management and operations plan for the open street, including cleaning and removing trash and other debris, how to maintain emergency vehicle access and any other staffing plans, must be filed with the Department and updated as necessary by the open streets partner.
(8) The Department will post on its website guidelines for the following:
(i) staffing of open streets, including whether the Department will require staffing on certain open streets that are provided with sufficient traffic control devices and/or calming measures;
(ii) how open streets partners may create their own barriers, signage and street furniture that encourage sustainability and welcoming design; and
(iii) how open streets partners may expeditiously obtain permits from the Mayor’s Office of Citywide Event Coordination and Management related to programming on open streets.
(9) The following siting criteria must be complied with:
(i) Barriers must be designed and placed only with the approval of the Department;
(ii) Emergency access and lanes must be maintained at all times throughout the open streets corridor;
(iii) New York City Fire Department Connections, if any, must be visible from the street and otherwise unobscured, free of obstructions, and readily accessible as required by the Fire Code;
(iv) Sidewalks, including pedestrian ramps and curb cuts, must be free of obstruction and readily accessible at all times;
(v) For limited local access open streets, no permanent or fixed (A) structures; (B) furnishings; or (C) seating are permitted; and
(vi) For full closure open streets:
(A) Fixed structures, furnishings, seating must be sited at least 15 feet from a hydrant;
(B) No permanent structures may be built or placed in the roadway;
(C) Collapsible tents and umbrellas must have a weighted base and be installed per manufacturer’s instructions; a single area, or area of combined or tied together tents or umbrellas, must not exceed 400 square feet in size; and
(D) Tents and umbrellas must not be used during severe weather.
(10) Accessibility for limited local access streets.
(i) For limited local access open streets, any person, may temporarily move the barriers to facilitate local vehicle access, including, but not limited to, Access-A-Ride vehicles and vehicles collecting or dropping passengers on the open street.
(ii) The Department may, on certain limited local access open streets, provide services to assist individuals who (i) are eligible for Access-A-Ride services; (ii) hold a New York City parking permit for people with disabilities; or (iii) hold a New York State permanent parking permit for people with severe disabilities, or another state’s equivalent, to temporarily move the barriers to facilitate local vehicle access.
(iii) When the Department offers such services, the Department will inform the public by posting on its website and placing signage along such open street(s) that indicates the process by which a person may request assistance.
(d) Conduct of the Public on Open Streets. Any person may enter and use an open street at any time, unless restricted hours are posted for maintenance or construction, or exigent circumstances exist. Authorized officers and employees of city agencies are responsible for the enforcement of this subdivision.
(1) Any person in or on an open street must comply with the lawful direction or command of any police officer or designated Department employee, regardless of whether such direction or command is indicated verbally, by gesture, or otherwise. Any person in or on an open street must comply with or obey any instruction, direction, rule, warning or prohibition, written or printed, displayed or appearing on any Department sign, except such sign may be disregarded upon order by a police officer or designated Department employee.
(2) Any person holding an event in an open street, where such event is subject to the permit requirements of the Mayor’s Office of Citywide Event Coordination and Management, must have an applicable permit from that office.
(3) Any person engaged in filming or photography in an open street, where such activity is subject to the permit requirements of the Mayor’s Office of Film, Theatre & Broadcasting, must have an applicable permit from that office.
(4) Any person using or operating any sound device or apparatus in an open street, where such use or operation is subject to the permit requirements of the New York City Police Department, must have an applicable permit from such department.
(5) Any person holding a parade, procession, or demonstration in an open street, where such activity is subject to the permit requirements of the New York City Police Department, must have an applicable permit from such department.
(6) Any person subject to the permit requirements of the New York City Fire Code for a material or operation on an open street must have an applicable permit from the Fire Department in accordance with Fire Code Section 105.6.
(7) Where exigent circumstances exist and a police officer or a designated Department employee gives notice to a person to move temporarily from any location in or on an open street, such person must immediately move from such location until further notice. For the purposes of this section, exigent circumstances include, but are not limited to, unusually heavy pedestrian traffic, the existence of any obstruction in or on the open street, an accident, a fire, or another emergency situation.
(8) No person shall engage in disorderly behavior in or on any open street, such as the following:
(i) Endangering the safety of oneself and/or others;
(ii) Obstructing pedestrian or cyclist traffic, or, on limited local access streets, vehicular traffic;
(iii) Engaging in conduct or committing acts that disturb the peace, comfort or repose of a reasonable person of normal sensitivities; or
(iv) Climbing upon any wall, artwork, fence, shelter or any structure not specifically intended for climbing purposes.
(9) No person shall remove any signage, barriers or other safety elements placed for the operation of the open street except to access or exit such open street, after which such signage, barriers or other safety elements must be replaced promptly at their original location.
(10) Unless explicitly permitted by the Department, no operator of a vehicle or combination of vehicles shall operate, stop, stand or park any such vehicle on any open street categorized for full closure.
(11) No person shall litter in or on any open street. All persons shall use receptacles provided for the disposal of refuse. No person shall deposit household or commercial refuse in any receptacle in an open street.
(12) No person shall spit, urinate, or defecate in or on any open street, except in a facility which is specifically designed for such purpose.
(13) No person shall bathe, shower or shave on an open street.
(14) No person shall occupy more than one seat with oneself or one’s belongings on an open street when to do so would interfere or tend to interfere with the use of such seats by others.
(15) No person shall leave any property unattended in an open street or place property in or on any open street in a manner that interferes with pedestrian and cyclist traffic, or, on limited local access streets, vehicular traffic.
(16) No person shall injure, deface, alter, write upon, destroy, remove or tamper with in any way, any real or personal property or equipment owned by or under the jurisdiction or control of the Department or an open streets partner.
(17) No person shall gamble or conduct or engage in any game of chance in an open street, unless such game of chance is permitted by law.
(18) No person shall appear in an open street in such a manner that the person’s genitalia are unclothed or exposed, except as otherwise permitted by law.
(19) No person shall engage in camping, or erect or maintain a shelter or camp in an open street.
(20)* No person shall allow any dog in the person’s custody or control to be unrestrained or to discharge any fecal matter in or on any open street, unless such person promptly removes or disposes of same. This provision shall not apply to a guide or service animal accompanying a person with a disability.
(20)* No person shall operate an aircraft, kite, or other aerial device in, on, or above the surface of any open street for any purpose whatsoever.
* Editor's note: The adopting rule contained two subsections designated as (20).
(21) No person shall feed any undomesticated animal, including unconfined squirrels and birds, in or on any open street.
(22) Posting of notices and signs.
(i) No person shall post, display, affix, construct or carry any placard, flag, banner, sign or model in or on any open street or display any such item by means of aircraft, kite, or other aerial device in, on, or above the surface of any open street for any purpose whatsoever, except as authorized by subparagraph (ii) of this paragraph. Notwithstanding this prohibition, in relation to the operation of an open street, an open streets partner may post, display, affix, construct or carry such item with permission from the Department. Each separate item placed or displayed in violation of this subparagraph shall constitute a separate violation.
(ii) Any person may carry any item described in subparagraph (i) above, without the aid of any aircraft, kite, or other aerial device, where the space on which the message of such item is contained has a height no greater than two feet and a length no longer than three feet, and that such item takes up a total area of no more than six square feet.
(iii) Any person who posts or displays a placard, flag, sign, or model in, on, or above the surface of any open street, with permission from the Department pursuant to subparagraph (i) above, shall be responsible for removal of such placard,flag, sign, or model. Failure to remove any placard, flag, sign, or model that is posted or displayed in, on, or above the surface of any open street within 24 hours for limited local access open streets, or within 72 hours for full closure open streets, of commencing display of the item shall constitute a violation of these rules.
(iv) In the event that a notice or sign is posted or displayed in, on, or above the surface of any open street in violation of paragraph (i) above, there will be a rebuttable presumption that any person whose name, telephone number, or other identifying information appears on such notice or sign has violated paragraph (i) by either:
(A) Posting, displaying, affixing, constructing or carrying such notice or sign, or
(B) Directing or permitting a servant, agent, employee or other individual under such person’s control to engage the activity identified in clause (A) of this subparagraph; provided, however, that such rebuttable presumption shall not apply with respect to criminal prosecutions brought pursuant to this subparagraph (iv).
(23) No person shall ride a motorized device on or through any part of an open street, except electric personal assistive mobility devices as defined in section 114-d of the Vehicle and Traffic Law, electric scooters as defined in section 114-e of the Vehicle and Traffic Law, and bicycles with electric assist as defined in section 102-c of the Vehicle and Traffic Law.
(24) No person in an open street shall make, continue, cause, or permit to be made or continued unreasonable noise in violation of the Noise Code pursuant to Subchapter 2 of Title 24 of the Administrative Code.
(25) Except as otherwise permitted by law, no person shall consume alcoholic beverages in an open street.
(26) No person shall kindle, build, maintain, or use a fire in an open street.
(27) Any person may bring or place chairs in or on any pedestrian area of an open street unless otherwise restricted by the Department.
(28) Except as otherwise permitted by the Department, no person shall bring or place tables or carts in or on any open street.
(29) No person shall use or interfere with any authorized use of utilities, including, but not limited to, electricity and water, that supply open streets.
(30) No person shall interfere with the use of an open street by a person or group using the open street pursuant to the terms of a permit issued by any City agency.
(31) No person shall use or obstruct the use of any amenity while selling or offering to sell any goods, services, tickets, or entertainment or while providing any goods, services, tickets, or entertainment in exchange for a donation. For purposes of this paragraph, the term “amenity” shall include, but not be limited to, chairs, tables, planters, benches, kiosks, utilities or canopies, installed in or on any open street.
(32) An open streets partner may solicit sponsorships for the benefit of an open street and must comply with the following:
(i) The name/title of the open street(s) sponsorship must include the words, “open street.”
(ii) The Department must approve any proposed sponsorship agreement between an open streets partner and one or more sponsors prior to the execution of such agreement. An open streets partner must allow at least 15 business days for the Department to review and approve any proposed agreement.
(iii) Any sponsorship item, such as umbrellas, tables, or chairs, shall be restricted in size, quantity and location as deemed appropriate by DOT, but in any event, no sponsorship recognition, including trade names and/or logos, shall occupy more than 10% of the visible area of a sponsorship item unless the Department provides prior written approval.
(iv) Titles and names of people, except trade names, are not permitted as part of sponsorship recognition.
(v) An open streets partner shall not solicit or permit any tobacco sponsorship or alcohol sponsorship.
(vi) An open streets partner may not place or cause to be placed any advertising on any portion of the open street.
(e) Except where expressly prohibited by law, the Commissioner may waive provisions of these rules in the interest of public safety and convenience.
(Added City Record 2/28/2024, eff. 3/29/2024)
(a) Definitions. For the purposes of this section, the following terms have the following meanings:
Administrative Code. The term “Administrative Code” means the Administrative Code of the City of New York.
Applicant. The term “applicant” means a natural person applying to receive a powered mobility device at no cost from the City of New York.
Eligible device. The term “eligible device” means a powered mobility device that does not meet the requirements for sale contained in § 20-610 of the Administrative Code, a motorized scooter as defined in subdivision a of § 19-176.2 of the Administrative Code, or a limited use motorcycle as defined in § 121-b of the New York state vehicle and traffic law.
Food delivery worker. The term “food delivery worker” has the meaning ascribed to such term by § 20-1501 of the Administrative Code.
Food service establishment. The term “food service establishment” has the meaning ascribed to such term by § 20-1501 of the Administrative Code.
Operable condition. The term “operable condition” means a powered mobility device, motorized scooter, or limited use motorcycle that performs its intended function.
Powered bicycle. The term “powered bicycle” means a class one bicycle with electric assist or a class two bicycle with electric assist, as such terms are defined in § 102-c of the New York state vehicle and traffic law.
Powered mobility device. The term “powered mobility device” means a powered bicycle or an electric scooter as defined in § 114-e of the New York state vehicle and traffic law.
Third-party courier service. The term “third-party courier service” has the meaning ascribed to such term by § 20-1501 of the Administrative Code.
Third-party food delivery service. The term “third-party food delivery service” has the meaning ascribed to such term by § 20-1501 of the Administrative Code.
Trade-in device. The term “trade-in device” means a powered mobility device that meets the requirements for sale contained in § 20-610 of the Administrative Code.
Trade-in event. The term “trade-in event” means a specific date, time and location where an applicant delivers an eligible device in exchange for a trade-in device.
Trade-in program. The term “trade-in program” means an initiative whereby eligible applicants receive up to one trade-in device from the City of New York at no cost in exchange for an eligible device.
(b) Eligibility. An applicant must:
(1) Earn at least $1,500, over the 12 months preceding the application submission period, as a food delivery worker at:
i. a food service establishment;
ii. a third-party food delivery service; or
iii. a third-party courier service.
(2) Own an eligible device that is in operable condition;
(3) Be at least 18 years of age; and
(4) Reside in New York City.
(c) Application process. An applicant must submit the following information on forms prescribed by the Department:
(1) Applicant’s name, address, date of birth, telephone number, and email address;
(2) Name(s) of the food service establishment, third-party food delivery service, or third-party courier service where the applicant currently works or has activel worked as a food delivery worker within the 12 months preceding the application submission period;
(3) A statement agreeing to abide by the terms and conditions of the trade-in program; and
(4) Any other information as specified in the application.
(d) Acceptable forms of proof. An applicant must submit proof of the following information:
(1) Applicant’s name and date of birth, by providing to the Department a copy of one of the following unexpired documents:
i. IDNYC card;
ii. Passport;
iii. NYS Benefit ID; or
iv. U.S. government-issued ID.
(2) Residence, by providing to the Department a copy of one of the following unexpired documents that shows the applicant’s address:
i. IDNYC card;
ii. U.S. government-issued ID;
iii. Utility bill, dated within the past 90 days;
iv. Telephone bill, dated within the past 90 days;
v. Any invoice mailed directly from billing company, dated within the past 90 days; or
vi. Any other document(s) approved by the Department.
(3) Employment and earnings during the 12 months preceding the application submission period by providing to the Department a copy of one of the following:
i. Tax returns including a W-2, 1099-NEC, or 1040 form from a food service establishment, a third-party food delivery service, or a third-party courier service;
ii. Bank statements showing direct deposits from a food service establishment, a third-party food delivery service, or a third-party courier service;
iii. Pay stubs from a food service establishment, a third-party food delivery service, or a third-party courier service;
iv. A letter from the employer confirming employment and earnings; or
v. Any other document(s) approved by the Department.
(4) Eligible device by providing to the Department all of the following:
i. Photos showing the front, side/profile, and back of the eligible device;
ii. Photos of the eligible device’s battery; and
iii. Photos of the eligible device’s spare or extra battery, if applicable.
(5) Proof of ownership by providing to the Department an attestation of ownership of the eligible device in a form prescribed by the Department.
(e) Conditions of trade-in program participation. In exchange for a trade-in device, an applicant must:
(1) Indemnify the City of New York against legal liabilities associated with the receipt, operation, or use of the trade-in device;
(2) Comply with all applicable laws, rules, and regulations related to the operation of the trade-in device, including but not limited to § 10-157 of the Administrative Code;
(3) Not resell the trade-in device for a period of one year after receipt of such device;
(4) Complete a semiannual survey about the trade-in device and trade-in program by the Department;
(5) Deliver the eligible device to the Department at a trade-in event for disposal;
(6) If applicable, deliver all batteries used with the eligible device;
(7) Demonstrate the eligible device is in operable condition;
(8) Not modify the trade-in device in any way;
(9) Service the trade-in device safely at a repair shop; and
(10) Complete a safety training course.
(f) Submission period. An applicant must submit the application within a time period prescribed by the Department on its website.
(g) Assignment of trade-in devices. At the conclusion of the submission period, the Department will review all applications and notify eligible applicants of the trade-in events. In the event that there are more eligible applicants than available trade-in devices, the Department will conduct a lottery to determine which eligible applicants will receive trade-in devices. Eligible applicants not selected for trade-in will be placed in a waitlist in numerical order. If a selected applicant does not attend their trade-in appointment or becomes ineligible, their trade-in opportunity will be assigned to the next eligible applicant on the waitlist.
(h) Material misrepresentations, misstatements and omissions. The Department may deny an application if the application is found to contain material misrepresentations, misstatements, or omissions.
(Added City Record 10/23/2024, eff. 11/22/2024)