2006 New York Code - Restrictions On The Placement Of Vehicles, Pushcarts And Stands; Vending In Certain Areas Prohibited.

 
    §  20-465  Restrictions  on  the  placement of vehicles, pushcarts and
  stands; vending in certain areas prohibited. a. No general vendor  shall
  engage  in any vending business on any sidewalk unless such sidewalk has
  at least a twelve-foot wide clear pedestrian path to  be  measured  from
  the  boundary  of  any private property to any obstructions in or on the
  sidewalk, or if there are no obstructions, to  the  curb.  In  no  event
  shall  any  pushcart  or stand be placed on any part of a sidewalk other
  than that which abuts the curb.
    b. No general vendor shall occupy  more  than  eight  linear  feet  of
  public space parallel to the curb in the operation of a vending business
  and,  in  addition,  no general vendor operating any vending business on
  any sidewalk shall occupy more than three linear  feet  to  be  measured
  from the curb toward the property line.
    c.  No  vending  vehicle,  pushcart,  stand,  goods  or any other item
  related to the operation of a vending business shall touch, lean against
  or be affixed permanently or temporarily to any  building  or  structure
  including,  but  not  limited to lamp posts, parking meters, mail boxes,
  traffic signal stanchions,  fire  hydrants,  tree  boxes,  benches,  bus
  shelters, refuse baskets or traffic barriers.
    d.  No  vending  pushcart,  stand  or  goods  shall be located against
  display windows of fixed location businesses, nor shall they  be  within
  twenty  feet  from an entranceway to any building, store, theatre, movie
  house, sports arena or other place of public assembly.
    e. No general vendor shall vend within any bus stop or taxi stand,  or
  within  ten  feet  of  any driveway, any subway entrance or exit, or any
  corner. For purposes of this subdivision, ten feet from any corner shall
  be measured from  a  point  where  the  property  line  on  the  nearest
  intersecting block face, when extended, meets the curb.
    f.  Each  general  vendor  who  vends  from a pushcart or stand in the
  roadway shall obey all traffic and parking laws, rules  and  regulations
  as  now  exist  or as may be promulgated, but in no case shall a general
  vendor vend so as to restrict  the  continued  maintenance  of  a  clear
  passageway for vehicles.
    g.  (1)  No  general vendor shall vend on any street which is in a C4,
  C5, or C6 zoning district, or in the area bounded on the east by  Second
  Avenue,  on  the  south by Thirtieth Street, on the west by Ninth Avenue
  and Columbus Avenue and on the north by Sixty-fifth Street, except  that
  as chairperson of the street vendor review panel established pursuant to
  section  20-465.1 of this subchapter, the commissioner of the department
  of  small  business  services  or  his  or  her  designee  may   receive
  applications  from  any  person,  group, organization or other entity to
  permit general vendors on any street within said area or said zones,  or
  to prohibit general vendors on any other street. Such applications shall
  be  considered  by the street vendor review panel in accordance with the
  procedures enumerated in section 20-465.1 of this subchapter.
    (2) No general vendor shall vend on any street which is  in  the  area
  including  and  bounded on the east by the easterly side of Broadway, on
  the south by the southerly side of Liberty Street, on the  west  by  the
  westerly  side  of West Street and on the north by the northerly side of
  Vesey Street.
    i. No general vendor shall vend on  the  median  strip  of  a  divided
  roadway  unless  such  strip is intended for use as a pedestrian mall or
  plaza.
    j. No general vendor shall vend within the  geographical  areas  under
  the  jurisdiction  of  the  department  of  parks  and recreation unless
  written authorization therefor has been obtained from  the  commissioner
  of  such  department,  but  nothing  therein  contained shall exempt any


  general  vendor  from  obtaining  a  license  in  accordance  with  this
  subchapter.
    k.  Where  exigent  circumstances  exist and a police officer or other
  authorized officer or employee of any city  agency  gives  notice  to  a
  general vendor to temporarily move from any location such general vendor
  shall not vend from such location. For the purposes of this subdivision,
  exigent  circumstances  shall  include, but not be limited to, unusually
  heavy pedestrian or vehicular traffic, existence of any obstructions  in
  the  public  space,  an  accident,  fire or other emergency situation, a
  parade, demonstration or other such event or occurrence at or near  such
  location.
    m.  No  general  vendor  shall vend over any ventilation grill, cellar
  door, manhole, transformer vault, or subway access grating.
    n. No general vendor shall vend using the surface of the sidewalk,  or
  a  blanket  or  board  placed immediately on the sidewalk or on top of a
  trash receptacle or cardboard boxes to display merchandise.  No  general
  vendor  display  may  exceed  five feet in height from ground level. The
  display may not be less than twenty-four inches above the sidewalk where
  the display surface is parallel to the sidewalk, and  may  not  be  less
  than  twelve  inches  above  the  sidewalk  where the display surface is
  vertical.  Where a rack or other display structure is placed on  top  of
  or  above  a table or other base, the size of the base shall not be less
  than the size of the display structure placed thereon. Nothing shall  be
  placed  on  the  base  so as to exceed the size limitations contained in
  this section.  No general vendor shall use any area other than that area
  immediately beneath the surface of the display space for the storage  of
  items for sale.
    o.  No  general  vendor shall sell or offer for sale any item directly
  from any parked or double parked motor vehicle.
    p. No general vendor  shall  use  electricity,  electrical  generating
  equipment  or oil or gasoline powered equipment, devices or machinery of
  any kind.
    q. No general vendor shall vend:
    1. within twenty feet from sidewalk cafes;
    2. within five feet from (a) bus shelters, (b) newsstands, (c)  public
  telephones or (d) disabled access ramps; and
    3.  within  ten  feet  from  entrances or exits to buildings which are
  exclusively residential at the street level.