Int. No. 1272
By Council Member Ung
A Local Law to amend the administrative code of the city of New York, in relation to department of transportation approval prior to issuing or renewing a stoop line stand license
Be it enacted by the Council as follows:
Section 1. Section 20-239 of the administrative code of the city of New York, as amended by local law number 5 for the year 2013, is amended to read as follows:
§ 20-239 Approval. [A] a. The commissioner shall not issue or renew a license for a stoop line stand [shall not be licensed] unless the location thereof has been approved in writing by the department of transportation. [No license shall be approved or renewed if the] The department of transportation shall not approve the location of a stoop line stand if it determines that the stoop line stand poses an obstruction to the free use of sidewalks by pedestrians. In making such determination, the department of transportation shall consider the area’s pedestrian volume, the site visit described in subdivision b of this section where applicable, and any other factors the department of transportation deems relevant.
b. If the location of a proposed or existing stoop line stand is within 10 feet of a permanent structure that narrows the clear path of the sidewalk for a length of 10 feet or more, the department of transportation shall conduct a site visit to assess the stoop line stand’s impact on the free use of sidewalks by pedestrians prior to issuing the approval required pursuant to subdivision a of this section.
c. Notwithstanding anything in this subchapter to the contrary, if the department of transportation determines that a stoop line stand which is permitted to extend more than [four] 4 feet in width pursuant to section 20-237 of this subchapter poses an obstruction to the free use of sidewalks by pedestrians solely because the width of such stoop line stand exceeds [four] 4 feet, the commissioner shall approve or renew such license at a width of [four] 4 feet.
§ 2. This local law takes effect 60 days after it becomes law.
MLL
LS # 12774
06/30/2023