§ 19-128.1 Newsracks.
AC § 19-128.1
Editor's note: this section has been amended by L.L. 2026/072, 3/27/2026, eff. 7/25/2026. a. Definitions. For purposes of this section, the following terms have the following meanings: Board. The term “board” means the environmental control board of the city of New York. Corner area. The term “corner area” means an area of a sidewalk encompassed by the extension of the building lines to the curb on a corner, or, where there is no building, an area of a sidewalk encompassed by the extension of the property lines to the curb on a corner. Corner quadrant. The term “corner quadrant” means an area of a sidewalk extending 10 feet from either side of a corner area. Crosswalk. The term “crosswalk” means a portion of a roadway, whether marked or unmarked, that is included within the extension of the sidewalk lines between opposite sides of the roadway at an intersection, or any portion of a roadway at an intersection or elsewhere designated or indicated for pedestrian crossing by lines or other markings on the surface. Crosswalk area. The term “crosswalk area” means an area of a sidewalk bounded by the extension of the lines of a crosswalk onto the sidewalk up to the building or property line. Multi-rack newsrack. The term “multi-rack newsrack” means a newsrack that is designed with multiple enclosed compartments to accommodate the display, sale, or distribution of multiple publications to the general public. Newsrack. The term “newsrack” means a self-service or coin-operated box, container, or other dispenser installed, used, or maintained for the display, sale, or distribution of publications to the general public. Owner. The term “owner” means a natural person, partnership, corporation, limited liability company, or other association that owns 1 or more newsracks. Publication. The term “publication” means a newspaper, periodical, or other similar written material. Sidewalk block. The term “sidewalk block” means an area of a sidewalk spanning from one intersection to the next intersection. Single newsrack. The term “single newsrack” means a newsrack that is designed to accommodate the display, sale, or distribution of no more than 1 publication to the general public. b. Requirements. It shall be a violation for any person to place, install, or maintain a newsrack on any sidewalk unless such newsrack is in compliance with the provisions of this section.
1.Newsracks shall conform to standards set forth in rules of the department relating to the size and shape of such newsracks and materials used to construct such newsracks.
2.No newsrack shall include photographs or be used for advertising or promotional purposes, other than announcing the name or website or both of any publication offered for distribution in such newsrack, provided that a publication may display the logo of such publication on the door of a single newsrack or compartment in a multi-rack newsrack in which such publication is offered, in a size not to exceed 50 percent of the door space.
3.Each newsrack used to sell publications shall be equipped with a coin return mechanism in good working order so as to permit a person to secure a refund in the event that the newsrack malfunctions.
4.The owner shall affix to the newsrack the owner’s name, address, telephone number, and email address, if any, in a readily visible location on the front or side of the newsrack and shall conform such information to any changes required to be reported to the department in accordance with the provisions of subdivision c of this section. In no event shall a post office box be considered an acceptable address for purposes of this paragraph.
5.Subject to the limitations set forth in this section, newsracks shall be placed near a curb.
6.A newsrack shall not be placed, installed, or maintained: (a) within 15 feet of any fire hydrant; (b) in any driveway or within 10 feet of any driveway; (c) in any curb cut or pedestrian ramp designed to facilitate street access by disabled persons; (d) within 15 feet of the entrance or exit of any railway station or subway station; (e) within any bus stop; (f) within 5 feet of a crosswalk area; (g) within a corner quadrant; (h) on any surface where such installation or maintenance will cause damage to or will interfere with the use of any pipes, vault areas, telephone or electrical cables, or other similar locations; (i) on any cellar door, grating, utility maintenance cover, or other similar locations, or within 5 feet of any cellar door; (j) on, in, or over any part of the roadway of any public street; (k) on any sidewalk, unless 8 feet of sidewalk width is preserved for unobstructed pedestrian passage; (l) in any park or on any sidewalk immediately contiguous to a park where such sidewalk is an integral part of the park design, such as the sidewalks surrounding Central Park or Prospect Park; (m) on any area of lawn, flowers, shrubs, trees, or other landscaping, or in such a manner that use of the newsrack would cause damage to such landscaping; (n) within 5 feet of any bench or other street furniture; (o) within 5 feet of a bikeshare station; (p) within 8 feet of a bicycle rack; (q) within 5 feet of a water sampling station of the department of environmental protection; or (r) where such placement, installation, or maintenance endangers the safety of persons or property. Any limitation on the placement or installation of newsracks pursuant to this paragraph shall be no more restrictive than necessary to ensure the safe and unobstructed flow of pedestrian and vehicular traffic, and otherwise to assure the safety of persons and property.
7.The department shall develop standards regarding the placement of newsracks, including, but not limited to, the manner in which newsracks shall be placed or installed to prevent newsracks from tipping over. In the event of noncompliance with such standards, the commissioner shall issue a notice of correction as provided in subparagraph (a) of paragraph 1 of subdivision f of this section. c. Notification to city of location of newsrack.
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(a)Where a newsrack has been placed or installed on a sidewalk before the effective date of this section, the owner or person in control of such newsrack shall, within sixty days after such effective date, submit to the commissioner a form identifying: (i) the address of such newsrack; (ii) the name of the newspaper(s) or written matter to be offered for distribution in such newsrack; and (iii) the name, address, telephone number, and email address of the owner or person in control of such newsracks; and representing that such newsracks comply with the provisions of this section.
(b)Any other owner or person in control of a newsrack shall, prior to placing or installing such newsrack on a sidewalk, submit to the commissioner a form providing the information in clauses (ii) and (iii) of subparagraph (a) of this paragraph.
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(b-1)Failure by an owner or a person in control of a newsrack to comply with subdivision c or d of this section, failure by such owner or person to certify or failure to accurately demonstrate that such owner or person has repainted or used best efforts to remove graffiti and other unauthorized writing, painting, drawing, or other markings or inscriptions, as required by paragraph one of subdivision e of this section, shall be a violation and shall be subject to the applicable penalties provided in paragraph six of this subdivision. A proceeding to recover any civil penalty authorized by this subparagraph shall be commenced with service on such owner or person of a notice of violation returnable to the board. The commissioner shall not be required to issue a notice of correction before issuing or serving a notice of violation pursuant to this subparagraph.
(c)If the return date of a notice of violation issued pursuant to subparagraph b or b-1 of this paragraph is more than five business days after the service of such notice, the board shall, upon the request of the respondent, in person at the office of the board, provide a hearing on such violation prior to such return date and no later than five business days after the date of such request. At the time set for such hearing, or at the date to which such hearing is continued, the board shall receive all evidence relevant to the occurrence or non-occurrence of the specified violation(s), the compliance or noncompliance with any of the provisions of this section, and any other relevant information. Such hearing need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation. Within five business days after the conclusion of the hearing, the board shall render a decision, based upon the facts adduced at said hearing, whether any violations of this section have occurred. The decision shall be in writing and shall contain findings of fact and a determination of the issues presented. The board shall send to the owner or person in control of the newsrack by regular mail, a copy of its decision and order.
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8.In giving any notice of correction or serving any commissioners order required under this section, except as otherwise provided by law, the commissioner may rely on the validity of any address (a) posted on the newsrack pursuant to paragraph 4 of subdivision b of this section as the address of the owner or person in control of the newsrack or (b) submitted to the department pursuant to subdivision c of this section, and shall provide such notice by regular mail. If the owner or person in control of a newsrack shall have failed to comply with paragraph 4 of subdivision b or with subdivision c of this section, the commissioner shall make reasonable efforts to ascertain the identity and address of the owner or person in control of such newsrack for the purpose of giving any required notice, and having done so, may take action as if any required notice had been given.
9.Nothing in this section shall preclude the immediate removal of a newsrack when otherwise authorized by law. g. Severability. If any subdivision, paragraph, subparagraph, sentence or clause of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. h. Community notice. The department, in consultation with the office of ethnic and community media, shall notify owners of any changed obligation imposed by this section or any rule of the department promulgated hereunder prior to the effective date of such change. Such notice shall, to the extent feasible, be in English as well as the language of any publication distributed by a newsrack of such owner. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2024/120, 12/13/2024, eff. 6/11/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2002/023 and L.L. 2021/080.
