Details of the bill introduced by Margaret Chin - No Liquids on City Sidewalks

As a courtesy to local businesses The Civic Center Residents Coalition is circulating this detailed description of the bill introduced into the City Council by Council Member Margaret Chin.

To our knowledge at this time this detailed information is not translated into Chinese and Spanish.

A Local Law to amend the administrative code of the city of New York, in relation to requiring the cleaning of liquid on a sidewalk, flagging or curbstone generated by trash placed curbside for collection and allowing the use of a hose to conduct such cleaning during times otherwise proscribed by such code.

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)(1) Every owner, lessee, tenant, occupant or person in charge of any food or beverage service

establishment shall properly clean any liquid found on any sidewalk, flagging or curbstone resulting from the placement of garbage bags or waste receptacles for collection at or near any such location by any such person.

Where collection of waste for any such establishment is scheduled to occur during such establishment’s regular The New York City Council Page 1 of 4 Printed on 5/13/2011

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Where collection of waste for any such establishment is scheduled to occur during such establishment’s regular hours of operation, the owner, lessee, tenant, occupant or person in charge of such establishment shall properly clean any such liquid within one hour of waste collection. Where collection of waste for any such establishment is not scheduled to occur during such establishment’s regular hours of operation, the following

cleaning requirements shall apply: (i) where such collection is scheduled to occur before midnight, the owner, lessee, tenant, occupant or person in charge of such establishment shall properly clean any such liquid on the next day of business by the later of 7:00 a.m. or two hours before the time at which such establishment reopens for business; (ii) where such collection is scheduled to occur after midnight, the owner, lessee, tenant, occupant

or person in charge of such establishment shall properly clean any such liquid by the later of 7:00 a.m. on the day that collection is scheduled to occur or two hours before the time at which such establishment reopens for business on such day. If the food or beverage service establishment is not open for business on such day, the cleaning requirements of subparagraph i of this paragraph shall apply.

(2) For purposes of this subdivision, “food or beverage service establishment” shall mean any

establishment that serves food or beverages that is required to be permitted pursuant to articles 85, 87, 88, or 89 of the New York city health code or any beverage service establishment required to be licensed pursuant to section 100 of the New York state alcoholic beverage control law that sells beverages for on-premises consumption.

§ 2. Subdivision 9 of section 16-118 of the administrative code of the city of New York is amended, subdivisions 10 and 11 of such section are renumbered as subdivisions 11 and 12, respectively, and as renumbered, subdivision 11 is amended, and a new subdivision 10 is added to read as follows:

9. Except for any violation of paragraph c of subdivision two of this section, any violation of

subparagraph one of paragraph b or paragraph c of subdivision seven of this section by a person using or operating a motor vehicle, [or ]any violation of subparagraph two of paragraph b of subdivision seven of this section, or any violation of paragraph d of subdivision seven of this section, any person violating the provisions of this section shall be liable for a civil penalty of not less than fifty dollars nor more than two hundred fifty The New York City Council Page 2 of 4 Printed on 5/13/2011

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of this section shall be liable for a civil penalty of not less than fifty dollars nor more than two hundred fifty dollars, except that for a second violation of subdivision one, three, four, or six of this section within any twelve-month period, such person shall be liable for a civil penalty of not less than two hundred fifty dollars nor more than three hundred fifty dollars and for a third or subsequent violation of subdivision one, three, four or six of this section within any twelve-month period such person shall be liable for a civil penalty of not less

than three hundred fifty dollars nor more than four hundred fifty dollars.

10. Any person who violates paragraph c of subdivision 2 of this section shall be liable for a civil

penalty of not less than one hundred dollars nor more than five hundred dollars, except that for a second violation of such subdivision within any twelve-month period, such person shall be liable for a civil penalty of not less than five hundred nor more than six hundred dollars and for a third or subsequent violation of such subdivision within any twelve-month period such person shall be liable for a civil penalty of not less than seven hundred dollars nor more than nine hundred dollars.

[10] 11 . In the instance where the notice of violation, appearance ticket or summons is issued for

breach of the provisions of this section and sets forth thereon civil penalties only, such process shall be returnable to the environmental control board, which shall have the power to impose the civil penalties hereinabove provided in [subdivision]subdivisions nine and ten of this section.

§ 3. Section 24-332 of title 24 of the administrative code of the city of New York is amended to read as follows:

§ 24-332 Use of water through hose. [It] Except for the purposes of cleaning liquids by an owner, lessee, tenant, occupant or person in charge of a food or beverage service establishment as provided in paragraph c of subdivision 2 of section 16-118 of this code, it shall be unlawful for any person to wash any street, sidewalk, areaway, steps, building or other place in the city by means of a hose or piping, or to use water through a hose or sprinkler for watering lawns or gardens, or to operate any outside shower where the water runs upon a street, sidewalk, or other public place between the first day of November and the last day of March

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following.

§ 4. This local law shall take effect immediately.

JJH - LS 1511

12/15

Parks Department Vehicles on Columbus Park Sidewalks send a message to Chinatown

Despite the presentation of photos depicting Parks Department vehicles parked on Columbus Park sidewalks at a recent Transportation Town Hall on the L.E.S. the parks department insists on endangering Chinatown kids and seniors who use the park.

Lower Manhattan D.O.T. Commissioner Luis Sanchez expressed to CCRC at the Town Hall that he would be calling Parks Dept. reps to put a stop to this practice, but only three days after the Town Hall the same vans and trucks are back again.

The Parks Dept. can be reached here.

"Reconfiguring sidewalk space and "expanding" sidewalks in Chinatown

Senator Squadron and Borough President Stringer presented their nine point plan for traffic safety shortly after the tragedy that took two young lives in Chinatown last week.

CCRC applauds their emphasis on the City's need to do a better job of "working with Community Boards and other community organizations, drawing on the invaluable input that only neighborhood residents and businesses can provide. The City must respect and acknowledge community priorities such as the re-opening of Park Row, and work with local stakeholders, in order to build consensus behind comprehensive traffic management plans."

We also applaud their mention in the nine point plan to "keep the sidewalks clear of street furniture, garbage, and other obstacles that infringe on public safety."
This has proven to be much easier said than done in the last fifteen or so years.
The struggle has been well documented in keeping sidewalks clear of merchandise.

However we must caution about other recommendations to "reconfigure sidewalk space" and to "expand sidewalks". This cannot and should not be done until well after all the sidewalks have been completely cleared of illegally placed merchandise, and store facades are required to comply with the law. To start "reconfiguring" and "expanding" without first restoring existing sidewalk conditions is premature and irresponsible. Mott St. has already enjoyed more room on the sidewalk with the recent removal of parking meters.

It was suggested some five years ago that to make more room on sidewalks in Chinatown, all the City needs to do is "widen the sidewalk" that is, pour more concrete (thereby narrowing the roadway). It was a bad idea then, it's an even worse idea now.
Now the suggestion is being revisited. Not only is this suggestion expensive to do (utilities are underground and before pouring concrete anywhere it is likely that those utilities must be relocated - expensive, inconvenient, dangerous!) it is also shortsighted and typical of a bureaucratic approach. As troublesome and laborious as it is to survey sidewalks, relocate utilities, and pour more concrete , for a politician it's actually EASIER to do that than to actually address the core of the problem. Why are the sidewalks difficult to navigate in the first place?

In this case the problem stems from merchants that violate the law by placing merchandise on the sidewalk.
Much more difficult than pouring concrete is being the politician who ordered the crackdown on illegal sidewalk use, especially in an ethnic neighborhood. YET, we feel as though that is exactly what needs to be done. Note to the Borough President "don't take the easy way out". Keep the historic and authentic character of Chinatown by eliminating sidewalk selling. Nothing is permitted beyond the building facade by more than a few INCHES, on the sidewalk AND hanging from any awning.

CCRC sat with the Borough President's aides in 2006 at the office of the Borough President and when asked "what can we do to make Chinatown transportation better" our response was clear, succinct, and logical : "enforce the law". The message was simple, sidewalks in Chinatown are inundated with illegally placed merchandise which severely lessens sidewalk space. The condition is rampant, although that's not the way it always was. CCRC members are all local and recall a time when merchants had closed storefronts and did business from INSIDE their stores.

An influx of vital as well as vibrant businesses poured into Chinatown in the late 80's and with it a style of selling that was imported to our streets much different than the local shop keepers who for the most part lived in Chinatown. These new merchants, very few of whom were able to find a home in Chinatown, or simply opted not to live here, cared little for the quality of life of local residents and focused their attention instead on literally stopping tourists and shoppers in their tracks by placing the merchandise at their feet. This was true for plastic toys and raw fish, live frogs or handbags, all could be bought on the sidewalk without ever setting foot into a shop.

Cathy Glasson, a resident and community activist continues to fight for her sidewalk space on Mott St. and despite the threats to her safety she appeared on the 6'o clock news exposing this practice, she wrote to all the papers and get this, she started doing this in the mid 1990's !!!

The City of NY looks at various neighborhoods very differently, with a clear biased to some and blatant disrespect to others. When it comes to sidewalk space and the enforcement of existing laws prohibiting the selling of merchandise on the sidewalk, Chinatown is clearly in the "others" category.

Amazingly the best the City has done since the illegal practice of breaking open storefronts and allowing merchandise to pour onto sidewalks in Chinatown has been to REGULATE newsracks. Newsracks?! A newsrack takes up about 1/20th the space of an illegally placed merchandise shelf or ten buckets of slimey fish, yet the City has found it necessary to regulate THAT of all things.

In the meantime, merchants flaunt the system and enjoy their al fresco selling regardless of season, regardless of merchandise, and in the face of numerous city agencies combing our streets.

The Borough President revisiting our recommendations to remove obstructions, but he should not implement any "reconfiguring" or "expanding" of sidewalk space without first making sure 100% of our sidewalk space has been RECLAIMED. We urge him to find a way to cut through what ever interagency red tape he has to. Pouring concrete on our streets will effectively ADD more selling space for hot dog stands, pushcarts, and more illegal selling to take place, WHILE slowing traffic , EMERGENCY VEHICLES included!!!!

Solution to narrow sidewalk space : "Enforce the Law" clear up the sidewalks from illegal selling, and Chinatown will gain tens of thousands of SQUARE FEET !!!
We're ready to feel safe again Mr. Borough President and Senator Squadron, we don't want to walk into the gutter any more, and our elderly and children deserve to be able to use our sidewalks for what they are intended for, walking not selling.

Bike Lane sludge and slippery Bus Bulbs

Photos of the bike lane on Grand St. unreachable by street sweepers because cars are parked adjacent to it, during holidays.

A very well written critique appeared in this week's Downtown Express about the slippery poorly maintained bus islands at Broadway and White St.

Similarly , the bike lanes on Grand St. were very poorly maintained after the snow this past week. BOTH are signs that maintenance has become a thing of the past for the DOT once these poorly planned "ideas" were set into place. Apparently, during holidays street sweepers can't access the curb any longer because cars are parked adjacent to the bike lane, brilliant.

From DowntownExpress.com :

Slippery bulb
The bus island at Broadway and White St. gleamed Monday morning with compacted layers of snow, resulting in a slippery mess that would net any private property owner a fine. From the icy footprints covering the island, it looked like no one had cleared it off all weekend — making it a potentially dangerous place to wait for the bus.

The city Department of Transportation has been struggling lately to explain the merits of bus islands or bulbs, fenced-off sidewalk extensions installed last year. Luis Sanchez, D.O.T.’s Lower Manhattan borough commissioner, has already said the department can’t tell whether the bulbs are successfully speeding traffic. If he still wants to convince the public that the bus bulbs are a good idea, we suggest that he grab a shovel.