Int. No. 398
By Council Members Duane, Freed, Fisher, Lopez, Perkins, Provenzano and Reed; also Council Members Eldridge, Leffler, Rivera and Quinn.
A Local Law to amend the administrative code of the city of New York, in relation to the operation of sight-seeing buses.
Be it enacted by the Council as follows:
Section one. Subchapter 21 of title 20 of the administrative code of the city of New York, is amended by adding a new section 20-381.2 to follow section 20-381.1 and to read as follows:
§20-381.2 Area restrictions on the operation of sight-seeing buses. a. In the area within the borough of Manhattan bounded by the south side of fourteenth street, the east side of west street, the north side of canal street, and the west side of fifth avenue, between 14th Street and washington square north, the south side of washington square north between fifth avenue and washington square east, the west side of washington square east between washington square north and the north side of west fourth street, and the north side of west fourth street between washington square east and the east side of lafayette street, it shall be permissible for a sight-seeing bus to travel only on the following streets: the avenue of the americas (sixth avenue), seventh avenue, seventh avenue south, varick street, eighth avenue, ninth avenue, tenth avenue, hudson street, greenwich avenue, houston street and broadway.
b. In the area within the borough of Manhattan bounded by the west side of eighth avenue, the north side of forty-second street, the east side of tenth avenue and the south side of fifty-seventh street, it shall be permissible for a sight-seeing bus to operate only on ninth avenue.
c. Where exigent circumstances exist, a police officer or other authorized officer or employee of the department, or the department of transportation, may direct or authorize the driver of a sight-seeing bus to operate such sight-seeing bus in an area where such operation is otherwise prohibited pursuant to subdivision a of this section. For purposes of this subdivision, exigent circumstances shall include, but shall not be limited to, unusually heavy pedestrian or vehicular traffic in the immediate vicinity of the restricted area, the existence of significant obstructions in the public space at or near the restricted area, an accident, fire or other emergency situation, or a parade, demonstration or other similar event or occurrence in the immediate vicinity of the restricted area.
d. It shall be an affirmative defense to any violation of this section that the sight-seeing bus driver operated such sight-seeing bus in the restricted area due to a medical emergency or other life-threatening situation.
e. This section shall be enforced by the department, the department of transportation and the police department.
f. Any violation of this section shall be punishable by a civil penalty not to exceed one hundred dollars.
§2. This local law shall take effect immediately.
LS#821
10/20/95
Int.646
JJ:ts