Requires that persons in charge of any commercial building in the city of New York keep the sidewalk, flagging and curbstone free from sign advertisements

Title of bill

An act to amend the administrative code of the city of New York, in relation to unlawful obstructions

Purpose

The subject bill amends sections 16-118(2) and 10-119(a) and (b) of the New York City Administrative Code to prevent the placing of any "A-frame" signs, sandwich board signs or other type of sign advertising on sidewalks, curbstones, etc.

Justification

Currently § 16-118(2) of the New York City Administrative Code authorizes the New York City Department of Sanitation to issue violations to persons who fail to keep the sidewalks, air shafts, areaways, backyards, courts, alleys, etc. abutting their buildings or premises free from garbage, refuse, rubbish, litter and other offensive material. It has been a long standing Department policy, and the New York City Environmental Control Board has determined, that A-frame signs, sandwich board signs and signs staked into the sidewalk constitute a sidewalk obstruction.

Recently, Department enforcement personnel have noticed a rise in complaints from residents and elected officials about sidewalk obstructions, specifically signs, in their neighborhoods and throughout the City. In an attempt to evade liability under the current law, unscrupulous business owners are placing signs in front of competing business establishments, as well as other locations such as street comers and crosswalks. Not only do such actions impede the safe flow of pedestrian traffic, they also create a hazard to all pedestrians, especially to those vision-impaired and those pushing baby strollers. To ensure that the responsible party properly receives a summons, liability should be established based on the information and details contained on the sign rather than the geographic location of the sign. Under the current law, the Department may only issue a summons to the person responsible for the premises outside where the signboard placed.

This amendment would make the commercial establishment responsible for placing the sign liable for a sidewalk obstruction violation. Failure to comply with the sidewalk obstruction rules would subject the commercial establishment to a violation, returnable to the Environmental Control Board, that carries a civil penalty of not less than fifty dollars ($50) nor more than two hundred fifty dollars ($250). See Administrative Code § 16-118(9). There are additional penalties for failing to answer the notice of violation, appearance ticket or summons within the appropriate time. Administrative Code § 16-118 (1).

Legislative history

S.6106/A.9414 of 2007-08

Fiscal implications

None.

Effective date

This act shall take effect immediately.