§ 4-16 Pedestrian Plazas.

   (a)   Proposals and Applications to Designate Pedestrian Plazas. In addition to areas selected by the Department to be designated as pedestrian plazas pursuant to § 19-157(b)(1) of the Administrative Code, the Department shall accept proposals and applications for areas under its jurisdiction to be designated as pedestrian plazas.

      (1)   Proposals. A proposal for the designation of an area as a pedestrian plaza may be submitted by mail or electronic mail to the Department by a community board, council member, borough president, or not-for-profit organization. Electronic mail submissions are preferred and may be sent to [e-mail]. Post submissions may be mailed to: Pedestrian Plaza Proposal, New York City Department of Transportation, 55 Water Street, New York, NY 10041.

         (i)   All proposals must include:

            (A)   A map or description of the area requested for designation;

            (B)   A suggested pedestrian plaza partner;

            (C)   A statement explaining the need for such plaza, including how it would promote safety and contribute to the community; and

            (D)   The proposer's contact information.

            (E)   At least five (5) letters of support from community stakeholders including, but not limited to, adjacent property owners and businesses, nearby institutions, such as churches and schools, elected officials, other not-for-profit groups, neighborhood and block associations, and neighborhood residents.

         (ii)   Within 90 days of receipt of such proposal, the Department shall issue a response as to whether or not the proposal as described is viable. A proposal is viable if it does not adversely impact the transportation network to a significant degree, if the surrounding land uses are appropriate to support a pedestrian plaza, and if the size and shape of the proposal will support the full range of activities that take place in pedestrian plazas. If the Department determines that the proposal is viable, the Department will recommend that the proposer submit an application with a pedestrian plaza partner during the next period during which applications are accepted.

         (iii)   The submission of a proposal shall not be deemed an application for purposes of this section.

      (2)   Applications. 

         (i)   Applicant. Only an organization operating within the City that wants to become a pedestrian plaza partner may submit an application. An applicant must be incorporated in New York State and must have a mission that serves or relates to the geographical area of the proposed pedestrian plaza. The submission of a proposal is not required prior to the submission of an application.

         (ii)   Submission. For the year 2016, pedestrian plaza applications may be submitted by mail or electronically from June 20th through August 31st. For the year 2017 and annually thereafter, pedestrian plaza applications may be submitted by mail or electronically from the first business day in April through the last business day in June. The application form prescribed by the Department shall provide specified dates and addresses each year. 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 pedestrian plaza partner, the context surrounding the site of the proposed pedestrian plaza, potential uses and programming for the proposed pedestrian plaza, and a projected operating budget for the proposed pedestrian plaza;

            (B)   A list of names and titles of the applicant's employees who work in community development, including the duration that each has been employed with the applicant;

            (C)   A list of names and titles of the members of the applicant's Board of Directors, or similar governing members, including the date each member began serving with the applicant;

            (D)   Financial information based on the applicant's operating budget;

               (a)   If the applicant's operating budget is less than $25,000, its most current financial statement signed by its treasurer must be submitted.

               (b)   If the applicant's operating budget is $25,000 or more, its most current IRS 990 Form must be submitted.

               (c)   If the applicant's operating budget is $100,000 or more but less than $250,000, its most current IRS 990 Form and an independent accountant's review report must be submitted.

               (d)   If the applicant's operating budget is $250,000 or more, its most current IRS 990 Form and audited financial statements must be submitted,

            (E)   At least eight (8) letters of support from community stakeholders including, but not limited to, adjacent property owners and businesses, nearby institutions, such as churches and schools, elected officials, other not-for-profit groups, neighborhood and block associations, and neighborhood residents;

            (F)   Three (3) photographs of the site of the proposed pedestrian plaza.

         (iv)   Review. Applications will be reviewed and evaluated according to the following criteria:

            (A)   Open Space: The Department will prioritize proposed pedestrian plazas that are in neighborhoods with an insufficient amount of open space;

            (B)   Community Initiative: Applicants must demonstrate the ability to develop and execute a community outreach plan, build consensus around the proposal, and solidify local stakeholder support;

            (C)   Site Context: The Department will evaluate the appropriateness of the adjacent land uses, population density, proximity to transit, safety, and other nearby open space;

            (D)   Organizational and Maintenance Capacity: Applicants must demonstrate that they are willing and able to manage, operate, maintain, and program the proposed pedestrian plaza, including having an active Board of Directors or similar governing members and established staff; and

            (E)   Income Eligibility: The Department will prioritize proposed pedestrian plazas that are located in low- or moderate-income neighborhoods as designated by the United States Department of Housing and Urban Development as eligible for Community Development Block Grants.

         (v)   The application and guidelines regarding the management of pedestrian plazas can be found on the Department's website.

         (vi)   Selection. 

            (A)   Within 120 days of the deadline to submit an application, the Department shall issue a response as to whether the proposed pedestrian plaza has been accepted or rejected. Such responses shall be sent to applicants by electronic mail or mail, as applicable.

            (B)   If the Department accepts an application, it shall notify any affected council members, community boards, and borough presidents no less than 60 days before designating the proposed pedestrian plaza. Within 45 days of receipt of such notice, such council members, community boards, and borough presidents may submit comments regarding such proposed pedestrian plaza, which shall be considered by the Department.

      (3)   List of Designated Plazas. A list of all pedestrian plazas shall be posted on the Department's website.

      (4)   Rescinding Pedestrian Plaza Designations. The Department may, at its own discretion, rescind the designation of any pedestrian plaza.

         (i)   At least 90 days before the Department's proposed date of rescission of the designation of a pedestrian plaza, the Department shall notify the affected council members, community boards, borough presidents, and any pedestrian plaza partners who may request a public hearing within ten (10) days of such notification.

         (ii)   If such public hearing is so requested, the Department shall hold a public hearing no more than 45 days after sending such notice of proposed designation rescission.

         (iii)   he Department shall consider any comments from such public hearing or any comments submitted to the Department before rescinding such designation.

   (b)   General Uses. 

      (1)   Pedestrian plazas are closed to vehicular traffic, unless authorized by a police officer or designated Department employee.

      (2)   Any person may enter and use a pedestrian plaza at any time, unless other open hours are posted for maintenance, events, or construction, or exigent circumstances exist.

      (3)   Any person in or on a pedestrian plaza 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 a pedestrian plaza must comply with or obey any instruction, direction, regulation, 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.

      (4)   Any person holding an event, where such activity is subject to the permit requirements of the Mayor's Office of Citywide Event Coordination and Management, may engage in such activity only upon obtaining such permit from that office.

      (5)   Any person engaged in filming or photography, where such activity is subject to the permit requirements of the Mayor's Office of Film Theatre & Broadcasting, may engage in such activity only upon obtaining such permit from that office.

      (6)   Any person using or operating any sound device or apparatus, where such use or operation is subject to the permit requirements of the New York City Police Department, may engage in such activity only upon obtaining such permit from that department.

      (7)   Any person holding a parade, procession, or demonstration, where such activity is subject to the permit requirements of the New York City Police Department, may engage in such activity only upon obtaining such permit from that department.

      (8)   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 a pedestrian plaza, such person shall immediately move from such location until further notice. For the purposes of this section, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian traffic, the existence of any obstruction in or on the pedestrian plaza, an accident, fire, or other emergency situation.

      (9)   Subject to the Department's prior written approval, the Pedestrian Plaza Partner at Fordham Pedestrian Plaza, Myrtle-Cooper Pedestrian Plaza, Myrtle-Wyckoff Pedestrian Plaza, Diversity Pedestrian Plaza, and Corona Pedestrian Plaza may permit its subconcessionaire(s) to designate a portion of the available seating within such Pedestrian Plaza for exclusive use by the subconcessionaire(s)' customers or patrons, provided that the total sum of such exclusive seating does not exceed 20% of the total available seating within such Pedestrian Plaza. In the absence of a Pedestrian Plaza Partner, this paragraph does not preclude the Department from designating such exclusive seating at any of these five Pedestrian Plazas. Such exclusive seating does not require a sidewalk cafe license and revocable consent pursuant to Subchapter 6 of Title 20 of the New York City Administrative Code nor is it considered a "sidewalk cafe" as defined in Subchapter 6 of Title 20 of the New York City Administrative Code.

         (i)   For purposes of this paragraph, the term "Fordham Pedestrian Plaza", means the area located at Fordham Road, Third Avenue and East 189th Street in the Bronx that is designated by the Department for pedestrian circulation, use and enjoyment.

         (ii)   For purposes of this paragraph, the term "Myrtle-Cooper Pedestrian Plaza" means the area located at 70th Street between Myrtle and Cooper Avenues in Queens that is designated by the Department for pedestrian circulation, use and enjoyment.

         (iii)   For purposes of this paragraph, the term "Myrtle-Wyckoff Pedestrian Plaza" means the area located at Wyckoff Ave between Myrtle and Gates Avenues in Queens that is designated by the Department for pedestrian circulation, use and enjoyment.

         (iv)   For purposes of this paragraph, the term "Diversity Pedestrian Plaza" means the area located at 37th Road and 73rd Street between 74th Street and Roosevelt Avenue in Queens that is designated by the Department for pedestrian circulation, use and enjoyment.

         (v)   For purposes of this paragraph, the term "Corona Pedestrian Plaza" means the area located at Roosevelt Ave between National and 104th Streets in Queens that is designated by the Department for pedestrian circulation, use and enjoyment.

         (vi)   For purposes of this paragraph, the term "subconcessionaire(s)" means an entity who has entered into an agreement with a Pedestrian Plaza Partner that is authorized by the Department and subject to Title 12 of the Rules of the City of New York.

   (c)   Prohibited Uses. 

      (1)   No person shall engage in disorderly behavior in or on any pedestrian plaza, such as the following:

         (i)   Endangering the safety of oneself and/or others;

         (ii)   Obstructing pedestrian 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.

      (2)   No person shall use a Pedestrian Flow Zone for any purpose other than the safe and continuous movement of pedestrian traffic.

      (3)   No person shall litter in or on any pedestrian plaza. All persons shall use receptacles provided for the disposal of refuse. No person shall deposit household or commercial refuse in any receptacle in a pedestrian plaza.

      (4)   No person shall spit, urinate, or defecate in or on any pedestrian plaza, except in a facility which is specifically designed for such purpose.

      (5)   No person shall bathe, shower or shave.

      (6)   No person shall occupy more than one seat with oneself or one's belongings when to do so would interfere or tend to interfere with the use of such seats by others.

      (7)   Smoking and using electronic cigarettes are prohibited.

      (8)   No person shall leave any property unattended or place property in or on any pedestrian plaza in a manner that interferes with pedestrian traffic.

      (9)   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 a pedestrian plaza partner.

      (10)   No person shall gamble or conduct or engage in any game of chance, unless such game of chance is permitted by law.

      (11)   No person shall appear in such a manner that the person's genitalia are unclothed or exposed, except as otherwise permitted by law.

      (12)   No person shall engage in camping, or erect or maintain a tent, structure, shelter or camp.

      (13)   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 pedestrian plaza, 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.

      (14)   No person shall operate an aircraft, kite or other aerial device in, on, or above the surface of any pedestrian plaza for any purpose whatsoever.

      (15)   No person shall feed any undomesticated animal, including unconfined squirrels and birds, in or on any pedestrian plaza.

   (d)   Regulated Uses. 

      (1)   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 pedestrian plaza or display any such item by means of aircraft, kite, or other aerial device in, on, or above the surface of any pedestrian plaza for any purpose whatsoever, without permission from the Department. Each separate item placed in violation of this paragraph shall constitute a separate violation.

         (ii)   Notwithstanding subparagraph (i) above, 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 sign in, on, or above the surface of any pedestrian plaza, shall be responsible for removal of such sign. Failure to remove any sign that is posted or displayed in, on, or above the surface of any pedestrian plaza or that remains on such property shall constitute a violation of these rules.

         (iv)   In the event that a notice or sign, in violation of paragraph (i) above, is posted or displayed in, on, or above the surface of any pedestrian plaza, there shall 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)   Pasting, posting, painting, printing or nailing such notice or sign, or

            (B)   Directing or permitting a servant, agent, employee or other individual under such person's control to engage in such activity; provided, however, that such rebuttable presumption shall not apply with respect to criminal prosecutions brought pursuant to this subparagraph (iv).

      (2)   Except as otherwise permitted, no person shall skateboard, inline skate, roller skate, or ride a bicycle, scooter, or any other vehicle or device on or through any part of a pedestrian plaza, except a wheelchair or scooter used for transit by disabled persons.

      (3)   Except as otherwise permitted, no person 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.

      (4)   Except as otherwise permitted, no person shall consume alcoholic beverages.

      (5)   Except as otherwise permitted, no person shall kindle, build, maintain, or use a fire.

      (6)   Except as otherwise permitted, no person shall bring or place tables, carts, chairs or furniture in or on any pedestrian plaza.

      (7)   Except as otherwise permitted, no person shall use or interfere with any authorized use of utilities, including, but not limited to, electricity and water, that supply pedestrian plazas.

      (8)   Except as otherwise permitted, no person shall interfere with the use of a plaza by a person or group using the plaza pursuant to the terms of a permit issued by any City agency.

      (9)   Except as otherwise permitted, no person shall use or block any person from using 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 pedestrian plaza.

   (e)   Times Square Pedestrian Plaza. 

      (1)   For purposes of this subdivision, the term "Times Square Pedestrian Plaza" shall mean the areas along Broadway from 41st Street to 53rd Street in Manhattan that are designated by the Department for pedestrian circulation, use and enjoyment.

      (2)   For purposes of this subdivision, the sidewalks directly adjacent to the Times Square Pedestrian Plaza are along:

         (i)   7th Avenue between 42nd Street and 47th Street;

         (ii)   Broadway between 41st Street and 42nd Street;

         (iii)   Broadway between 47th Street and 53rd Street; and

         (iv)   42nd, 43rd, 44th, 45th, 46th, and 47th Streets between 7th Avenue and Broadway.

      (3)   Pedestrian Flow Zones. Where the Department has designated by markings and/or signage Pedestrian Flow Zones in or on the Times Square Pedestrian Plaza or the sidewalks directly adjacent to such plaza, no person shall use such zones for any purpose other than the safe and continuous movement of pedestrian traffic.

      (4)   Designated Activity Zones. 

         (i)   Where and when the Department has indicated by markings and/or signage Designated Activity Zone(s) on any block within the Times Square Pedestrian Plaza, no person on such block shall engage in Designated Activities outside such zone(s), except where otherwise authorized by a concession agreement entered into by the Department or an event permit issued by the Mayor's Office of Citywide Event Coordination and Management.

         (ii)   Where and when the Department has indicated by markings and/or signage Designated Activity Zone(s) on any block within the Times Square Pedestrian Plaza, no person on the sidewalks directly adjacent to such block within the Times Square Pedestrian Plaza shall engage in Designated Activities, except at days and times when vendors licensed pursuant to §§ 17-307 and 20-453 of the Administrative Code may vend on such sidewalks. This subparagraph shall not apply to operators of newsstands authorized by § 20-241.1 of the Administrative Code.

         (iii)   Notwithstanding subparagraphs (i) and (ii) of this paragraph, where and when the Department has indicated by markings and/or signage Designated Activity Zone(s) on any block within the Times Square Pedestrian Plaza, no person shall engage in Designated Activities:

            (A)   on Broadway between 43rd and 44th Streets, except within a Designated Activity Zone if one has been indicated by markings and/or signage by the Department on such block or where otherwise authorized by a concession agreement entered into by the Department or an event permit issued by the Mayor's Office of Citywide Event Coordination and Management; or

            (B)   on the sidewalks along 7th Avenue and Broadway between 43rd and 44th Streets and along 43rd and 44th Streets between 7th Avenue and Broadway, except at days and times when vendors licensed pursuant to §§ 17-307 and 20-453 of the Administrative Code may vend on such sidewalks. This clause shall not apply to operators of newsstands authorized by § 20-241.1 of the Administrative Code.

(Added City Record 6/2/2016, eff. 6/2/2016; amended City Record 3/16/2020, eff. 4/15/2020)

§ 4-17 Autonomous Vehicles.

   (a)   Definitions. For the purposes of this section, the following terms have the following meanings:

      Autonomous vehicle technology. The term "autonomous vehicle technology" means the hardware and software that are collectively capable of performing part or all of the dynamic driving task on a sustained basis.

      Dynamic driving task. The term "dynamic driving task" means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints.

   (b)   Permit required. Any entity who has already received approval by the New York State Department of Motor Vehicles to demonstrate or test a motor vehicle with autonomous vehicle technology and wants to demonstrate or test such motor vehicle on any public highway (as defined in 34 RCNY § 4-01) in the city of New York must obtain a permit from the Department, prior to such demonstration or testing.

   (c)   Permit fees. In order to demonstrate or test a motor vehicle with autonomous vehicle technology on a public highway in the city of New York, the applicant must pay to the Department an autonomous vehicle technology permit fee of $5,000 annually.

   (d)   Applications. A permit application to demonstrate or test a motor vehicle with autonomous vehicle technology must be submitted on forms prescribed by the Department which will consist of the following information:

      (1)   Legal name of the entity which has already received approval by the New York State Department of Motor Vehicles to demonstrate or test a motor vehicle with autonomous vehicle technology; address; contact name; contact telephone number; contact e-mail address;

      (2)   Proof of New York State Department of Motor Vehicles approval for each motor vehicle with autonomous vehicle technology intended for demonstration or testing on any public highway in the city of New York, including a copy of the law enforcement interaction plan and any other information or documentation submitted to the New York State Department of Motor Vehicles as part of its application for approval;

      (3)   Certification by the developer of the autonomous vehicle technology that, based on previous evaluations of the autonomous vehicle technology, the test vehicle(s) will operate in New York City more safely than a human driver, including documentation of previous demonstration or testing experience on public roadways; information on any crash involving the autonomous vehicle(s) that resulted in death, injury, or property damage; and documentation of performance in environments similar to the New York City geographic zones approved for testing;

      (4)   Certification by the applicant that a test vehicle operator with a valid driver license, recruited and trained in accordance with most recent version of the Society of Automotive Engineers (SAE) AVSC 00001201911: "Best Practice for In-Vehicle Fallback Test Driver Selection, Training, and Oversight Procedures for Automated Vehicles Under Test," and J3018: "Safety-Relevant Guidance for On-Road Testing of Prototype Automated Driving Systems (ADS)-Operated Vehicles," will be in the driver's seat of each autonomous vehicle while it is in operation on any public highway in the city of New York and that the test vehicle operator will be able to safely assume control of the vehicle in the event of a failure of the autonomous vehicle technology or other incident during which the autonomous vehicle technology cannot function;

      (5)   Safety plan for demonstration or testing in New York City, including documentation of the test vehicle operator training to ensure both legal and safe operation, documentation of the ability of test vehicle operators to assume control of the vehicle(s) in the event of a failure of the autonomous vehicle technology, and proof of completion of the training by all test vehicle operators;

      (6)   Operating plan for demonstration or testing in New York City, including the purpose and parameters of the demonstration or test; proposed date(s), hour(s), and location(s) within geographic areas of New York City approved by the Department for demonstration or testing of motor vehicles with autonomous vehicle technology;

      (7)   Certification that vehicle meets appropriate and applicable industry standards to help defend against, detect, and respond to cyber attacks, unauthorized intrusions, or false vehicle control commands;

      (8)   Certification of compliance with or exemption from all federal standards and applicable New York State inspection standards for any motor vehicle with autonomous vehicle technology intended for demonstration or testing on any public highway in the city of New York;

      (9)   Make and model of each motor vehicle with autonomous vehicle technology intended for demonstration or testing on any public highway in the city of New York; and

      (10)   Proof of at least $5 million automobile insurance for any motor vehicle with autonomous vehicle technology intended for demonstration or testing on any public highway in the city of New York, a minimum of $3 million in personal liability insurance, and a minimum of $2 million in property damage insurance.

   (e)   Review of applications for and issuance of permits. 

      (1)   The Department may decline to issue a permit to an applicant that:

         (i)   Has a demonstrated unsafe record in the city of New York or any other city where it has demonstrated or tested;

         (ii)   Does not submit the certifications required under subdivision (d);

         (iii)   Does not provide adequate proof of insurance;

         (iv)   Does not adhere to the conditions of any previously issued permit; or

         (v)   Does not adhere to the submitted safety plan or law enforcement interaction plan.

      (2)   If the Department declines to issue such a permit because of any of the conditions described in paragraph (1) of this section or if the application is incomplete, 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.

   (f)   Conditions of permit. The permit holder must:

      (1)   Indemnify the city of New York against legal liabilities associated with the demonstration or testing of motor vehicles with autonomous vehicle technology on any public highway in the city of New York;

      (2)   Adhere to the permit holder's safety and operating plans;

      (3)   Operate only during the date(s) and hour(s) of operation approved by the Department;

      (4)   Operate only within the geographic area(s) of New York City approved by the Department on the basis of traffic safety;

      (5)   Safely complete a demonstration of the autonomous vehicle technology under the supervision of the Department within each geographic area in which the proposed demonstration or testing will occur prior to the commencement of the proposed demonstration or testing in such area;

      (6)   Submit for approval by the Department any proposed changes to the number of vehicles, geographic zones approved for testing, testing date(s), or time of day of operation specified in the application;

      (7)   Comply with all applicable traffic laws;

      (8)   Provide the Department with written notice if the permit holder decides to discontinue the demonstration or testing of motor vehicles with autonomous vehicle technology;

      (9)   Report to the Department the data specified in subdivision (h) of this section at the frequency specified in the permit;

      (10)   Notify the Department of any crashes involving fatalities, injuries and/or property damage within four hours of such occurrence; and

      (11)   Promptly notify the Department of any changes to the information provided in its application.

   (g)   Suspension and revocation of permits. 

      (1)   The Department may suspend or revoke a permit for failure to comply with any of the terms and conditions of the permit, these rules, or other applicable laws or rules.

      (2)   Prior to suspending or revoking a permit, the permit holder will be provided with an opportunity to be heard within five business days. However, if the suspension or revocation of a permit is based on the permit holder's failure to comply with any law, rule, or permit condition related to safety, the Department may suspend or revoke the permit immediately, and the permit holder will be provided with an opportunity to be heard within two business days.

      (3)   If the Department suspends or revokes a permit, the permit holder must cease any demonstration or test of motor vehicles with autonomous vehicle technology on any public highway in the city of New York within 24 hours of suspension or revocation.

   (h)   Data reporting requirements. 

      (1)   Each permit holder must provide to the Department, at the frequency and in the format specified by the Department, the following datasets:

         (i)   make, model, and license plate number of each vehicle engaged in demonstration or testing;

         (ii)   miles driven in total and with autonomous vehicle technology engaged;

         (iii)   location(s), date(s), and hour(s) of operation and number of test vehicle operators or other staff in each vehicle;

         (iv)   median and maximum test vehicle operator driving shift length;

         (v)   information on crashes involving the autonomous vehicle;

         (vi)   information on safety-related traffic violations;

         (vii)   information on instances in which the test vehicle operator assumed control of the vehicle while the autonomous vehicle technology was engaged;

         (viii)   the permit holder's most recent Voluntary Safety Self-Assessment transmitted to the National Highway Traffic Safety Administration; and

         (ix)   any information transmitted to the National Highway Traffic Safety Administration under its General Order 2021-01, "Incident Reporting for Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS)" regarding incidents that occurred within the city of New York.

   (i)   Term and renewal of permits. Each permit will be issued for a term of one year and may be renewed. The permit renewal process will include a review of safety performance, compliance with permit provisions over the previous permit period, and any changes to the application materials.

(Added City Record 9/7/2021, eff. 9/7/2021)

§ 4-18 Dangerous Vehicle Abatement Law.

   (a)   Definitions. For purposes of this section, the following terms have the following meanings:

      Covered vehicle. The term "covered vehicle" means any motor vehicle that, in accordance with the records of the department of finance, has accumulated five or more finally adjudicated red light camera violations as determined by the department, or 15 or more finally adjudicated school speed camera violations as determined by the department, within any 12-month period. Such term shall not include any vehicle owned or leased by the United States government or any state or local government.

      Person. The term "person" means a natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization.

      Predicate violation. The term "predicate violation" means a red light camera violation or school speed camera violation.

      Red light camera violation. The term "red light camera violation" means the notice of liability issued for failure of a vehicle operator to comply with section 1111-a of the Vehicle and Traffic Law or § 19-210 of the Administrative Code of the City of New York.

      School speed camera violation. The term "school speed camera violation" means the notice of liability issued for failure of a vehicle operator to comply with section 1180-b of the vehicle and traffic law.

      Safe vehicle operation course. The term "safe vehicle operation course" means a course approved by the Department that educates vehicle owners about the dangers resulting from vehicle operators exceeding posted speed limits and failing to comply with traffic signals, including the potential to cause injury or death, by utilizing a skilled facilitator to actively engage participants in self-reflection and discussion to identify and commit to specific safe driving practices. The goal of such course is to prevent vehicles from becoming dangerous instruments by educating owners about responsible vehicle ownership.

   (b)   Notice to vehicle owners. The Department will send by first-class mail, to all persons receiving a red light camera violation or a school speed camera violation, a notice that pursuant to Subchapter 4 of Title 19 of the New York City Administrative Code, a vehicle that incurs five or more red light camera violations or 15 or more school speed camera violations within any 12-month period may be determined to be a covered vehicle, and that such vehicle's registered owner may be required to enroll in and complete a safe vehicle operation course pursuant to the aforementioned subchapter and this section. Such notice shall also contain a warning that failure to enroll in and complete such course may result in the seizure and impoundment of such vehicle, pending completion of such course.

   (c)   Safe vehicle operation course. 

      (1)   The Department will serve a safe vehicle operation course notice on the registered owner of a vehicle determined by the Department to be a covered vehicle. Such notice must be served by first-class mail.

      (2)   The registered owner of a vehicle who receives the safe vehicle operation course notice, or other person designated by the owner in accordance with paragraph (6) of this subdivision, must enroll in and complete an approved safe vehicle operation course within forty-five days from the date of such notice unless within such time such owner requests review of such notice by the Department in accordance with paragraph (3) or commences a proceeding to contest the notice before the Office of Administrative Trials and Hearings in the manner set forth in such notice. The method of enrollment in such course will be set forth in such notice or as indicated on the website of the Department. The registered owner must certify completion of the safe vehicle operation course to the Department within ten days from the date of the completion of such course in the manner set forth in such notice.

      (3)   Where the registered owner believes there was a mistake in the issuance of the notice including, but not limited to, the claimed number of predicate violations or the identification of the ownership of the vehicle, they may request a review of the notice's issuance by the Department within forty-five days after the issuance of the safe vehicle operation course notice, in the manner set forth in such notice. The Department will review and respond in writing to such owner's request within forty-five days. If the Department finds that such notice was issued properly and denies the registered owner's request, the registered owner or person designated pursuant to paragraph (6) of this subdivision must take the course within forty-five days after such denial unless within such time such owner chooses to contest the safe vehicle operation course notice before the Office of Administrative Trials and Hearings, in the manner set forth in the denial letter. If after such review the Department agrees with the registered owner's request, it will notify such owner in writing within forty-five days that they are not required to take the safe vehicle operation course.

      (4)   The registered owner who timely enrolls in a safe vehicle operation course may request the Department to reschedule such course upon showing a good cause as determined by the Department.

      (5)   If the Office of Administrative Trials and Hearings finds that such registered owner must complete the safe vehicle operation course, such registered owner must complete such course within forty-five days from such determination or as otherwise provided in such determination. The determination of the Office of Administrative Trials and Hearings shall be a final determination for purposes of review, pursuant to article 78 of the Civil Practice Law and Rules.

      (6)   A registered owner may designate the person that operated the vehicle when the predicate violations were committed and who has agreed to take the safe vehicle operation course on behalf of the owner or, with respect to a registered owner that is not a natural person, the person who operated or was in charge of the vehicle when the predicate violations were committed, by submitting a form in the manner set forth in the safe vehicle operation course notice or as indicated on the Department's website. Such form must be submitted prior to the date that a respondent is required to complete the safe vehicle operation course in accordance with paragraphs (2), (3) and (5) of this subdivision.

   (d)   Seizure and impoundment. Where a registered owner or a person designated by such registered owner fails to complete the safe vehicle operation course in accordance with this section, the covered vehicle may be subject to impoundment.

      (1)   The Department shall serve an order by first-class mail upon the registered owner of such covered vehicle. Such order shall require the owner to complete the safe vehicle operation course and certify to the Department completion of such course within a period of time to be set forth in such order, or appear at a hearing before the Office of Administrative Trials and Hearings at a time and place set forth in such order, at which such registered owner may present reasons why their covered vehicle should not be seized and impounded until such registered owner completes the safe vehicle operation course. The determination of the Office of Administrative Trials and Hearings shall be a final determination for purposes of review, pursuant to article 78 of the Civil Practice Law and Rules.

      (2)   If the Office of Administrative Trials and Hearings sustains the order of seizure and impoundment, the Department shall issue a warrant of seizure directing the City Sheriff, after twenty days have passed from the date of such final determination, to seize and impound the covered vehicle. The procedure for such seizure and impoundment by the Sheriff shall be the same procedure as that provided by law for seizure and impoundment pursuant to an execution under a judgment of a court. Such covered vehicle shall not be released until the owner provides certification of completion of the safe vehicle operation course and pays the amount of the City's expenses for the seizure and impoundment of such covered vehicle in accordance with the schedule of fees set forth in 34 RCNY § 4-07(i)(3).

      (3)   If the vehicle is not claimed within thirty days it will be considered abandoned and may be disposed of by the Sheriff in the manner provided pursuant to section 1224 of the Vehicle and Traffic Law.

      (4)   If within six months after completing a safe vehicle operation course a vehicle does not accumulate any additional predicate violations, any red light camera or school speed camera violations accrued prior to the completion of such course will not be counted as predicate violations for purposes of this section.

(Added City Record 10/29/2021, eff. 10/29/2021)

§ 4-19 Permit for Moped Share Systems.

   (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)

§ 4-20 Theatre District Zone.

   (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

         (iv)   at days and times when vendors licensed pursuant to §§ 17-307 and 20-453 of the Administrative Code may vend.

      (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)

§ 4-21 Open Streets.

   (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)

§ 4-22 Trade-in Program for Powered Mobility Devices.

   (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)