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What is NYC ZR § 91-81?

Quick Answer

This section modifies restrictions on the temporary placement or storage of event-related amenities within publicly accessible open areas or arcades. It permits various events, such as farmers' markets and concerts, under specific conditions, including free admission and time restrictions on amplified sound. Applies to event organizers utilizing public spaces.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 91-81 Events Within Public Access Areas

ZR § 91-81

The provisions of Article III, Chapter 7 restricting the temporary placement or storage of event-related amenities or equipment within a publicly accessible open area or arcade shall be modified by the provisions of this Section. The temporary placement or storage of event-related equipment or amenities in accordance with the provisions of this Section shall not constitute a design change pursuant to the provisions of Sections 37-625 or 91-837.

Events including, but not limited to, farmers’ markets, holiday markets, concerts and performances, art and cultural exhibitions and festivals are permitted within all publicly accessible open areas and arcades. The utilization of a publicly accessible open area or arcade for the promotion of products or services shall not itself qualify as an event permitted under this Section.

Events shall be open to the public, provide free and unticketed admission and only be permitted to use amplified sound between the hours of 9:00 a.m. and 10:00 p.m. All publicly accessible open areas and arcades shall continue to be publicly accessible at all times. Event-related amenities and equipment shall be considered temporary permitted obstructions provided that sufficient circulation space connecting all streets and building entrances exists. All publicly accessible open areas and arcades shall be restored to their approved condition within 24 hours of the conclusion of an event.

The storage of equipment or materials outside of an event’s scheduled hours, excluding time required for set up and clean up, shall not be permitted within a publicly accessible open area or arcade. However, for events taking place over multiple days or weeks, large temporary equipment that requires assembly and will be actively used during the event, such as stages, kiosks and sound and video entertainment systems, may remain in the publicly accessible open area or arcade outside of the event’s scheduled hours.

At least 30 days prior to the scheduled date of an event, notification shall be given to the local Community Board, local Council Member and Borough President of the nature, size and duration of the event.

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