2006 New York Code - Temporary Closing Of Streets.



 
    § 19-107 Temporary  closing  of  streets.  a. (i)  Except as otherwise
  provided by law, it shall be  unlawful  for  any  person  to  close  any
  street,   or   a   portion  thereof,  within  the  jurisdiction  of  the
  commissioner, to pedestrian or vehicular traffic without a  permit  from
  the commissioner.
    (ii)  The  commissioner may temporarily close or may issue a permit to
  temporarily close to pedestrian or vehicular traffic any  street,  or  a
  portion  thereof,  within  his  or her jurisdiction, when, in his or her
  judgment,  travel  therein  is  deemed  to  be  dangerous  to  life,  in
  consequences of there being carried on in such street activities such as
  building  operations, repairs to street pavements, sewer connections, or
  blasting for the purpose of removing rock  from  abutting  property,  or
  upon   advice   from  the  police  commissioner,  fire  commissioner  or
  commissioner of the office of emergency  management  that  such  closure
  will  promote  or  protect  safety  or life, or when such closure may be
  necessary for a public purpose. In such event,  the  commissioner  shall
  make  available  to  the  community  board  and  council member in whose
  district such street is located information regarding any  such  closure
  which  continues  beyond five business days, state the reason or reasons
  for such closure and the estimated date for the street, or  any  portion
  thereof, to reopen.
    b.  In  the  event  that  a  publicly  mapped  street that is used for
  vehicular or vehicular and pedestrian access, for which vehicular access
  is fully closed for more than one hundred eighty consecutive  days,  the
  commissioner shall issue or cause to be issued a community reassessment,
  impact  and  amelioration (CRIA) statement that has been approved by the
  commissioner or other government entity initiating  the  street  closure
  which  shall  be  delivered  to both the community board and the council
  member in whose district the street is located  on  or  before  the  two
  hundred  tenth day of the closure. Such CRIA statement shall contain the
  following: the objectives  of  the  closure  and  the  reasons  why  the
  continued  street closure is necessary to attain those objectives, which
  in the case of a closure initiated by a local law enforcement agency for
  security reasons shall be satisfied by a statement from  the  local  law
  enforcement  agency  that  the  street  has  been closed and will remain
  closed for security  reasons;  identification  of  the  least  expensive
  alternative  means  of  attaining those objectives and the costs of such
  alternatives, or a statement and explanation as to the unavailability of
  such alternatives, which in the case of a closure initiated by  a  local
  law  enforcement  agency  for  security  reasons shall be satisfied by a
  statement from the law enforcement agency that there are no  alternative
  means available; how the continued street closure will impact access and
  traffic  flow to and within the surrounding community, including but not
  limited  to,  access  to  emergency  vehicles,  residences,  businesses,
  facilities,  paratransit transportation and school bus services; and any
  recommendations to mitigate adverse impact and increase  access  to  and
  within  the  area.  In  the  case  of  a  closure initiated for security
  reasons, the police department shall ensure that the CRIA statement does
  not  reveal  non-routine  investigative   techniques   or   confidential
  information  or  potentially  compromises  the  safety  of the public or
  police officers or  otherwise  potentially  compromise  law  enforcement
  investigations  or  operations,  provided  that the issuance of the CRIA
  statement shall not be delayed beyond  the  required  time  period.  The
  requirement  for  the  issuance of a CRIA statement as described in this
  subdivision may be satisfied by delivery of an environmental  assessment
  statement,  environmental impact statement, or similar document required
  by law to be prepared in relation to the street closure.  Prior  to  the
  issuance of a CRIA statement, the commissioner, in the case of a closure

for which a permit issued by the department is required, shall hold at least one public forum, publicized in advance, in any affected community at which the community may register its input concerning any potential adverse impacts of the street closure, including but not limited to concerns regarding timeliness of emergency vehicle response and traffic congestion resulting in a potential increase in noise and any other adverse conditions caused by the closure. In the case of a street closure effectuated for security reasons by a local law enforcement agency, such law enforcement agency shall hold the public forum provided herein. Following the public forum(s), the council member in whose district the street closure is located may forward to the government entity which held the public forum(s) issues raised at the public forum(s) by the participants. The government entity which held the public forum(s) shall make its best efforts to respond to the issues raised, utilizing the expertise of other city agencies if appropriate, and shall provide such response to be appended to the CRIA statement. In the case that an environmental assessment statement, environmental impact statement, or similar document is substituted in lieu of the CRIA statement, as provided for above, the public forum provisions provided herein shall still apply. c. For purposes of this section, a "street closure" shall not include a street closure undertaken by a federal or state governmental entity.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.