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What is NYC AC § 19-157?

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This section defines pedestrian plazas and outlines the process for their designation and management by the department. It includes provisions for public input on proposed plazas and the establishment of rules for events held within these spaces. Applies to organizations and agencies involved in the management of pedestrian plazas.

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

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§ 19-157 Pedestrian plazas.

AC § 19-157

a. Definitions. For the purposes of this section, the following terms have the following meanings: Event. The term "event" means any activity within a pedestrian plaza where the activity will interfere with or obstruct the regular use of such pedestrian plaza, but shall not include activities conducted pursuant to a valid film permit, demonstrations, or parades. Pedestrian plaza. The term "pedestrian plaza" means an area designated by the department as such for pedestrian circulation, use and enjoyment on property under the jurisdiction of the department including, but not limited to, property mapped as a public place or property within the bed of a roadway, and which may contain amenities such as tables, seating, trees, plants, lighting, bike racks, or public art. Pedestrian plaza partner. The term "pedestrian plaza partner" means an organization selected by the department to assist with functions related to pedestrian plazas, pursuant to a non-exclusive agreement with the department, pursuant to chapter 13 or 14 of the charter of the city of New York. Such functions may include, but are not limited to, the design, daily management, maintenance, programming, and the provision of funding to support such functions. b. Pedestrian plaza designation.

1.The department may designate an area as a pedestrian plaza. In making such designation, the department shall consider factors, including but not limited to, the following: (i) availability of and need for open space in the surrounding areas; (ii) ability of the department or any pedestrian plaza partner to properly maintain such pedestrian plaza and develop programming; and (iii) relationship of such pedestrian plaza to surrounding land uses, traffic, and pedestrian activity and safety.

2.No less than 60 days before designating a pedestrian plaza, the department shall forward notice of its intent to any affected council members, community boards, borough presidents, senators, and members of assembly. Within 45 days of receipt of such notice, such council members, community boards, borough presidents, senators, and members of assembly may submit comments regarding such proposed pedestrian plaza. The department shall consider such comments before making a determination in regard to such proposed pedestrian plaza.

3.Proposals for the designation of an area as a pedestrian plaza may be submitted by a council member, community board, borough president, senator, member of assembly or non-profit organization pursuant to rules of the department. Within 90 days of the receipt of such application, the department shall issue a response to such a proposal.

4.All pedestrian plazas identified on the department's website pursuant to section 19-101.4 prior to June 1, 2016 shall be deemed designated pedestrian plazas pursuant to this section.

5.At least 90 days before the department rescinds the designation of a pedestrian plaza, the department shall notify the affected council members, community boards, borough presidents, senators, members of assembly and any pedestrian plaza partner. If any such council member, community board, borough president, senator, member of assembly or pedestrian plaza partner so requests, the department shall hold a public hearing on the proposed designation rescission no more than 45 days after sending such notice. The department shall consider any comments from such public hearing or any comments submitted to the department before rescinding such designation. c. Pedestrian plaza rules.

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