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(a) Prior to the final approval of a street activity permit by the Street Activity Permit Office of the Mayor's Community Assistance Unit, every sponsor shall furnish either a cash deposit to the Department, or shall enter into a guaranty agreement in lieu of deposit with the Department by signing a form provided by the Department, wherein the sponsor shall agree to clean and maintain all streets throughout the event area and arrange for the collection and proper disposal of refuse and recyclable materials.
(1) Cash deposit requirement. A sponsor shall be required to furnish to the Department a cash deposit if:
(i) the sponsor retains the Department to provide the cleaning and/or collection and proper disposal of refuse and recyclable materials during the event, or
(ii) the sponsor has not previously held a street event in the city and two of the following conditions exist:
(A) more than five hundred people are expected to attend the street event;
(B) the street event will last more than one day;
(C) the event will span more than one block;
(D) the event will offer food and/or beverages for sale, or
(iii) in the opinion of the Department, the sponsor failed to adequately clean an area used by the sponsor for any street event held in the city during any previous year(s).
(b) The sponsor shall remit to the Department a cashier's check or certified check for the required deposit, as determined by the Department in accordance with 16 RCNY § 14-03, payable to the "Department of Sanitation Special Events Fund." Such deposit check shall display the name of the sponsor and the application/permit number of the event. The sponsor shall mail the deposit check to:
Deputy Commissioner for Administration
Department of Sanitation
125 Worth Street – Room 702
New York, NY 10013
Deputy Commissioner for Administration
Department of Sanitation
125 Worth Street – Room 702
New York, NY 10013
Failure to make the required deposit payment to the Department within the specified time period shall result in the denial of the sponsor's application for a street permit.
(c) Guaranty agreement in lieu of deposit. If, in the opinion of the Department, the sponsor adequately cleaned an area in the city during any street event previously sponsored by him or her, or the sponsor does not intend to retain the Department to provide cleaning and collection services, the sponsor shall sign a guaranty agreement in lieu of deposit in a form provided by the Department. Such agreement shall provide that the sponsor will clean and maintain the street event area in a litter-free condition during and at the close of the street event, provide for the collection and proper disposal of refuse and recyclable materials, and reimburse the Department for all costs associated with the cleaning and/or collection and proper disposal of refuse and recyclable materials if, at anytime during the street event or upon its conclusion, the Department had to provide either or both of these services to the street event area as a result of the sponsor's failure to provide same. Sponsors shall forward the guaranty agreement in lieu of deposit to:
Special Events Office
Department of Sanitation
125 Worth Street – Room 807
New York, New York 10013
Special Events Office
Department of Sanitation
125 Worth Street – Room 807
New York, New York 10013
(a) Cleaning and collection services provided by the department. Where the sponsor has arranged with the Department to provide both cleaning and collection services during and at the conclusion of the street event, the Department shall charge the sponsor for its cleaning and collection costs based on the number of personnel deployed and the type and amount of equipment used. All rates for sanitation workers who are assigned to the street event area shall be at a minimum of eight hours, computed at double time salary rate, except when a street event occurs on a holiday that falls between Monday through Saturday for which such rate shall be computed at time and one-half. All rates for supervisors and/or district superintendents who are assigned to the street event area shall be at a minimum of eight hours, computed at a time and one-half salary rate, except when a street event occurs on a Sunday for which such rate shall be computed at double time.
(b) Cleaning and collection services provided by a private or volunteer sanitation crew. Where the sponsor retains a private sanitation crew or organizes a volunteer sanitation crew to provide cleaning and collection service during and at the conclusion of the street event but has failed to have the street event area cleaned and/or have all bagged and/or bundled refuse and recyclable materials removed from the street event area, the Department shall charge the sponsor for costs incurred by the Department to clean the street event area and collect all bagged and/or bundled refuse and recyclable materials. All rates for sanitation workers who are assigned to the street event area shall be at a minimum of eight hours, computed at double time salary rate, except when a street event occurs on a holiday that falls between Monday through Saturday for which such rate shall be computed at time and one-half. All rates for supervisors and/or district superintendents who are assigned to the street event area shall be at a minimum of eight hours, computed at a time and one-half salary rate, except when a street event occurs on a Sunday for which such rate shall be computed at double time.
(c) Cleaning service provided by a private or volunteer sanitation crew; collection service provided by department. Where the sponsor retains a private sanitation crew or organizes a volunteer sanitation crew to provide street cleaning service but retains the Department to provide collection service during and at the conclusion of the event, the Department will:
(1) not charge the sponsor for the collection of bagged and/or bundled refuse and recyclable materials if there are Department personnel assigned to regular tasks within the immediate area of the street event and Department personnel are able to complete their regular tasks within the same working shift;
(2) charge the sponsor for the collection of bagged and/or bundled refuse and recyclable materials based on the number of hours required to provide collection service at a salary rate of double time in accordance with the number of personnel deployed to the area, together with costs for the type and amount of equipment used by the Department, if:
(i) there are no Department personnel assigned to regular tasks within the immediate area of the street event; or
(ii) Department personnel who are diverted to the area to collect all bagged and/or bundled refuse and recyclable materials are prevented from completing their regularly assigned tasks within the same working shift.
(3) For purposes of this subdivision, "regular task" means a task including, but not limited to, a regular collection route within the immediate area, basket collection, motorized litter patrol, or mechanical broom sweeping.
(d) Notwithstanding the provisions of subdivisions (a), (b), and (c) of this section, the sponsor may deliver its bagged recyclable materials to a designated Department location or facility, or arrange to have all bagged and/or bundled recyclable materials removed by a private recycler or licensed private carter, provided that the sponsor notifies the Chief of Cleaning Operations of the Street Events Office, not less than one week in advance of the street event, that the sponsor will provide for the removal of all bagged and/or bundled recyclable materials generated during the street event.
(e) In addition to cleaning and collection costs, the Department shall charge the sponsor for the cost of the proper disposal of refuse and recyclable materials. For purposes of this chapter, the cost of the proper disposal of refuse and recyclable material means the costs incurred by the Department for the removal of debris and litter actually removed from the street event site by Department employees and which is delivered to and received at a department disposal facility, or another facility which accepts solid waste for the purpose of subsequent transfer to another location for proper disposal, including the cost incurred by the Department to export the debris and litter for disposal out of the City at the time such material was removed from the street event site as such dollar amount is fixed contractually between the Department and a vendor providing export services to the Department.
At least one week prior to the street event, the sponsor or his or her representative and the local sanitation district officer shall designate a pre-determined time to inspect the streets at the end of each night of the street event to determine whether the streets are clean and whether all refuse and recyclable materials have been separately bagged and securely tied or bundled. Following each nightly inspection, the Department will furnish to the sponsor or the sponsor's representative a form that states the condition of the area, as determined by the Department official, which shall be final and binding. If at anytime during the street event or upon the conclusion of such event the sponsor or a representative is unavailable to inspect the area with the Department official, the determination made by the Department official nonetheless shall be final and binding.
(a) If during and at the conclusion of the street event the local sanitation district officer determines that the sponsor has cleaned the street event area in an acceptable manner and has removed all bagged and/or bundled refuse and recyclable materials from such area, the Department shall return to the sponsor his or her full deposit no later than eight weeks following the conclusion of the street event.
(b) If at any time during or at the conclusion of the street event the Department provided the cleaning and/or collection and proper disposal of refuse and recyclable materials to the street event area because the sponsor failed to perform same, or if the sponsor had retained the Department to provide the cleaning and/or collection and proper disposal of refuse and recyclable materials during and at the conclusion of the street event, the Department shall deduct the costs of its services from the sponsor's deposit and will return any outstanding balance to the sponsor. In the event the Department's total costs exceed the deposit payment, the sponsor shall remit the balance due within seven (7) days of billing by the Department. The Department shall promptly report to the Street Activity Permit Office of the Mayor's Community Assistance Unit the name of any sponsor, and his or her organization, who has failed to reimburse the Department. Failure to reimburse the Department will result in the denial by the Department of any application for a street permit in the future.
(a) A sponsor who has arranged with the Department to provide the cleaning and/or collection and proper disposal of refuse and recyclable material at the street event and who must cancel a request for such services must notify the Department's Cleaning Operations Office by 12:00 p.m., Monday through Friday, at least seventy-two hours in advance of any such cancellation. If the day by which the Department must receive advance notice of cancellation falls on a Saturday, Sunday or holiday, sponsors must notify the Cleaning Operations Office by 12:00 p.m. on the last business day preceding the Saturday, Sunday or holiday.
(b) Failure to make a timely request for cancellation shall result in a forfeiture of deposit monies held by the Department, less an amount equal to unused equipment costs as determined by the Department. In the event a street event is cancelled due to inclement weather or any other event beyond a sponsor's control less than 72 hours before the event was scheduled to begin, the Department shall be entitled to retain the sponsor's deposit less an amount equal to unused equipment costs as determined by the Department.
(a) In addition to or as an alternative to penalties prescribed in any other provisions of law or rule, any person who violates any of the provisions of subdivision c of 16 RCNY § 14-01 shall be liable for a civil penalty of not less than fifty dollars nor more than one hundred dollars.
(b) The civil penalties prescribed in paragraph one of this subdivision shall be recoverable in a civil action brought in the name of the Commissioner or in a proceeding returnable before the Environmental Control Board.