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THE CITY RECORD

5368

10 Secure Cafe. During hours when a temporary outdoor dining setup is not operating, the operator must secure all furnishing and decorative elements of such temporary outdoor dining setup, such as tables and chairs, using a cable or other locking system.
11 Furnishing Zone. No portion of a temporary outdoor dining setup shall be located in the furnishing zone and no items associated with such temporary outdoor dining setup shall be placed or stored in the furnishing zone.
d Placement.
1 Temporary outdoor dining setups shall not block or obstruct any of the following sidewalk and roadway features:

8. Pursuant to section 10 of local law number 121 for the year 2023, any restaurant operating outdoor dining pursuant to emergency executive order number 126, dated June 18, 2020, as amended, continued or superseded by subsequent executive orders, may continue in operation without the license and revocable consent of the Commissioner of Transportation required by sections 19-160, 19-160.1
and 19-160.2 of the Administrative Code of the City of New York pending the granting of any such license and revocable consent, provided that such restaurant submits a petition for such revocable consent within five 5 months of the effective date of these rules.
NEW YORK CITY MAYORS OFFICE OF OPERATIONS
253 BROADWAY, 10th FLOOR
NEW YORK, NY 10007
212-788-1400

i a bus lane or bus stop;
ii a bicycle lane;
iii a carshare or bikeshare station;
iv a taxi stand; or v a catch basin, utility cover, sewer, rainwater drainage or flow.
2 Temporary outdoor dining setups shall not be located in any of the following designated zones on a roadway:
i No Stopping Anytime;

FRIDAY, OCTOBER 20, 2023

CERTIFICATION / ANALYSIS
PURSUANT TO CHARTER SECTION 1043d RULE TITLE: Rules relating to Permanent Open Restaurants Program REFERENCE NUMBER: DOT-75

ii No Standing Anytime;
iii No Stopping during specific hours; or
RULEMAKING AGENCY: Department of Transportation
iv No Standing during specific hours.

I certify that this office has analyzed the proposed rule referenced above as required by Section 1043d of the New York City Charter, and that the proposed rule referenced above:

3 Temporary outdoor dining setups shall be located at least fifteen 15 feet from a fire hydrant and at least eight 8 feet from a crosswalk.
4 Temporary outdoor dining setups shall provide a clear path for pedestrians on the sidewalk that is no less than eight 8 feet wide.

i
Is understandable and written in plain language for the discrete regulated community or communities;

ii
Minimizes compliance costs for the discrete regulated community or communities consistent with achieving the stated purpose of the rule; and
5 Roadway Barriers.
i Barriers shall be maintained on all sides of a temporary outdoor dining setup located on the roadway, except the side abutting the sidewalk.
ii All barriers must be completely filled with material e.g., water, sand, etc.. Water-filled barriers are strongly recommended.

iii Provides 30 days to correct a violation after denial of a protest.
/s/ Francisco X. Navarro Mayors Office of Operations
iii Barriers shall be between thirty 30 inches and thirtysix 36 inches in height, not including the height of any plantings above such barrier. Barriers shall be at least eighteen 18 inches in width.

NEW YORK CITY LAW DEPARTMENT
DIVISION OF LEGAL COUNSEL
100 CHURCH STREET
NEW YORK, NY 10007
212-356-4028

iv A reflective strip shall be located on each barrier, along the entire length of the outward-facing side of such barrier.
e Temporary outdoor dining setups must be used and occupied by the restaurant that erected them for outdoor dining. If not used and occupied for outdoor dining for thirty 30 consecutive days or more, they must be removed from the sidewalk and roadway by the restaurant. This includes the removal of outdoor dining setups that are not being used during the winter months. The Department may send a written notice to the owner to remove an unused setup from the street or sidewalk.If the owner does not remove the setup or utilize the setup for outdoor dining purposes within fourteen 14 days after such notice the Department may remove the setup to a place of safety and send notice of such removal to the owner of such restaurant if an address for such person is available.If the property is unclaimed it may be disposed of in accordance with the provisions of the personal property law relating to lost property.If the property has slight or no value the Department may provide for its immediate disposal after removal.

October 17, 2023
Date
CERTIFICATION PURSUANT TO
CHARTER 1043d RULE TITLE: Rules relating to Permanent Open Restaurants Program REFERENCE NUMBER: 2023 RG 059
RULEMAKING AGENCY: Department of Transportation I certify that this office has reviewed the above-referenced proposed rule as required by section 1043d of the New York City Charter, and that the above-referenced proposed rule:
i
is drafted so as to accomplish the purpose of the authorizing provisions of law;

f The Department may order the removal of or remove any outdoor dining setup or other obstruction that the Commissioner determines is a danger to public welfare, safety, or energy system reliability, including for planned or emergency work.

ii
is not in conflict with other applicable rules;

iii
to the extent practicable and appropriate, is narrowly drawn to achieve its stated purpose; and
6. Section 3-01 of chapter 3 of title 34 of the Rules of the City of New York is amended to read as follows:

iv
to the extent practicable and appropriate, contains a statement of basis and purpose that provides a clear explanation of the rule and the requirements imposed by the rule.

Section
Description
5-13

Failure to adequately maintain a temporary outdoor dining setup
Penalty $
500

Default $
500

7. Sections 5 and 6 of these rules expire and are deemed repealed on November 1, 2025.

/s/ STEVEN GOULDEN
Acting Corporation Counsel
Date: October 17, 2023

Accessibility questions: rules@dot.nyc.gov, by: Monday, November 13, 2023, 5:00 P.M.

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