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What is NYC ZR § 104-431?

Quick Answer

This section mandates that all open areas must be accessible from an adjoining public sidewalk and outlines specific accessibility hours for different areas. Open areas, except for designated ones, are to remain open 24/7, while others have restricted hours. Applies to property owners managing open areas in NYC.

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

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§ 104-431 Access and hours of public accessibility

ZR § 104-431

All open areas shall be accessible directly from an adjoining public sidewalk, except as otherwise provided in this Chapter. No fences or gates shall be permitted anywhere within the open areas, except as permitted in Section 104-42 (Open Areas).

All open areas except the Square and the East/West Open Area shall be accessible to the public 24 hours per day, seven days a week.

The Square and the East/West Open Area shall be accessible to the public seven days per week, from the hours of 7:00 a.m. to 8:00 p.m., from November 1 through April 14, and from 7:00 a.m. to 11:00 p.m. from April 15 through October 31.

All open areas may be closed not more than one day each year, on a non-holiday weekend day in January, to preserve the private ownership of such areas, except the Square and the East/West Open Area may each be closed by its respective owner for private events and activities for a maximum of 12 days in each calendar year, which days shall not include public holidays. Advance notice of such closing shall be posted at the perimeter of the Square and the East/West Open Area and shall be provided to the Chairperson of the City Planning Commission not less than 24 hours prior to each such closing.

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