Int. No. 1108
By Council Members Menin and Louis
A Local Law to amend the administrative code of the city of New York, in relation to street cleanliness requirements for city concessionaires and franchisees
Be it enacted by the Council as follows:
Section 1. Subdivision 2 of section 16-118 of the administrative code of the city of New York is amended by adding a new paragraph (c) to read as follows:
(c) Every person in charge of a permanent or semi-permanent structure installed or placed upon a sidewalk, street, alley, park, highway, or right of way pursuant to a concession or franchise agreement with the city shall keep and cause to be kept the sidewalk, flagging and curbstone abutting said structure free from obstruction and nuisances of every kind, and shall keep said sidewalks, flagging and curbstones free from garbage, refuse, rubbish, litter, debris and other offensive material. When the location described in the applicable concession or franchise agreement with the city abuts a curbstone, such persons shall also remove garbage, refuse, rubbish, litter, debris and other offensive material between the curbstone abutting the border of the location and the roadway area extending one and one-half feet from all sides into the street on which such location fronts. When the location described in the applicable concession or franchise agreement with the city is within a park or otherwise does not abut a curbstone, such persons shall remove garbage, refuse, rubbish, litter, debris and other offensive material from area extending six feet from all sides of such location.
§ 2. Paragraph a of subdivision 9 of the section 16-118 of the administrative code of the administrative code of the city of New York, as amended by local law number 67 for the year 2024, is amended to read as follows:
a. (1) not less than $50 and not more than $250 for a first violation, except that the civil penalty shall be not less than $250 and not more than $350 for a second violation of subdivision 4 or 6 of this section within any 12 month period, and not less than $350 and not more than $450 for a third or subsequent violation of subdivision 4 or 6 of this section within any 12 month period;
(2) notwithstanding subparagraph (1) of paragraph a of this subdivision, $50 for a first violation of paragraph (a) of subdivision 2 or of subdivision 3 of this section, or of any rules promulgated pursuant thereto, $100 for a second violation of such paragraph or subdivision or of any rules promulgated pursuant thereto within any 12 month period, and $100 for a third or subsequent violation of such paragraph or subdivision or of any rules promulgated pursuant thereto within any 12 month period; [and]
(3) notwithstanding subparagraphs (1) and (2) of paragraph a of this subdivision, where the owner, occupant, lessee, tenant, or person in charge of any commercial, manufacturing, or industrial building, including any mixed-use building, but excluding any solely residential building, has violated the provisions of paragraph (a) of subdivision 2 of this section, or of any rules promulgated thereto, such owner, occupant, lessee, tenant, or person in charge shall be liable for a civil penalty of $50 for the first violation, $300 for the second violation committed on a different day within any 12 month period, and $500 for the third and each subsequent violation committed on a different day within any 12 month period; and
(4) notwithstanding subparagraphs (1), (2), and (3) of paragraph a of this subdivision, any person violating paragraph (c) of subdivision 2 of this section, or of any rules promulgated pursuant thereto, shall be liable for a civil penalty of $100 for the first violation, $300 for the second violation committed on a different day within any 12 month period, and $500 for the third and each subsequent violation committed on a different day within any 12 month period.
§ 3. This local law takes effect 60 days after it becomes law.
NAW
LS #17690
11/7/2024 3:30 PM