N.Y.C. Admin. Code § L.L. 1993/045: L.L. 1993/045

Enactment date: 6/1/1993

Int. No. 444-A

By Council Members Alter, Spigner, Millard and Cerullo III; also Council Members Marshall and Pagan

A Local Law to amend the administrative code of the city of New York, in relation to applying certain restrictions to general vendors who exclusively vend written matter

Be it enacted by the Council as follows:

Section 1. Legislative findings. The council hereby finds and declares that a threat to the public health, safely and welfare exists due to the practice of permitting general vendors who exclusively vend written matter to vend on sidewalks without subjecting them to certain placement and location restrictions which have been found to be necessary to protect the health, safety and welfare of the public. The council further finds that this threat to the public health, safety and welfare is exacerbated by the placement of vending tables and similar devices on sidewalks along major commercial thoroughfares, blocking the access of emergency services, including fire and police personnel, to the entrances of buildings and to fire hydrants; impeding pedestrian movement and causing pedestrian congestion at major tourist points and transportation facilities; and, impeding the movement of police foot patrols along the sidewalks.

In 1982 the council exempted general vendors who exclusively vend written matter from otherwise applicable placement and location requirements. At that time there were so few of these vendors that their exclusion from these requirements did not have a significant adverse impact on public health, safety and welfare. Subsequently, when the council prohibited all general vendors from displaying and vending from the surface of sidewalks, vendors of written material were included in this prohibition. However, the council finds that since that time, the enormous proliferation of these vendors necessitates that certain of the restrictions applicable to other vendors, such as those prohibiting them from operating near subway and building entrances and exits and those which restrict vending on certain congested streets, now be made applicable to vendors who exclusively vend written matter.

The council further finds that in keeping with its original intention in enacting these exemptions to balance the safety needs of the public with the constitutional rights of vendors of written materials, vending from tables, carts, stands or other such devices should be prohibited at such times and on such blocks that have been previously found, or that are found in the future, after a hearing, to be regularly too congested to permit any other vending. Thus, the council further declares that the policy of the city of New York shall be that vending written matter without a vehicle, table, stand, cart or other similar device shall be lawful on sidewalks, in accordance with existing limitations, unless exigent circumstances exist, and that vending with the use of a vehicle, table, cart, stand or other similar device shall be lawful on blocks and at times where either food vending or general vending is permitted, provided the table, stand, cart or other similar device used by the vendor of written materials occupies no greater sidewalk space than that permitted for other general vendors.

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[Consolidated provisions are not included in this Appendix A]

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§ 5. This local law shall take effect immediately.