§ 20-240.1 Enforcement.
AC § 20-240.1
a. Where exigent circumstances exist and a police officer or other authorized officer or employee of any city agency gives notice to the owner or operator of a stand licensed pursuant to section 20-233 of this subchapter to temporarily remove or otherwise disassemble such stand, such owner or operator shall comply with such notice and shall not continue to sell or display from such stand. For the purposes of this subdivision, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian or vehicular traffic, the existence of obstructions in the public space, and accident, fire or other emergency situation, a parade, demonstration or other such event at or near the location of such stand. b. If an owner or operator of a stand licensed pursuant to section 20-233 does not remove or otherwise disassemble such stand when directed to do so by a police officer or other authorized officer or employee of the city in accordance with the provisions of subdivision a of this section, such officer or employee is authorized to provide for the removal of such owner's or operator's goods and stand to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such goods and such stand may be charged with reasonable costs for removal and storage payable prior to the release of such goods and such stand. c. In the event that any seizure made pursuant to this section shall include any perishable items or food products which cannot be retained in custody without such items or food products becoming unwholesome, putrid, decomposed or unfit in any way, they may be delivered to the commissioner of health for disposition pursuant to the provisions of section 17-323 of this code. d. Any person who violates the provisions of this section or section 20-237 shall be considered to be an unlicensed general vendor or an unlicensed food vendor and, except as otherwise provided in subdivision c of section 20-237, shall be subject to the penalty and enforcement provisions of either subchapter twenty-seven of chapter two of this title or subchapter two of chapter three of title seventeen of the code, whichever is applicable; except that a person shall not be subject to the civil penalty described above for a first-time violation of subdivision b of section 20-237 and any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that he or she has cured the violation. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof of compliance shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision b of section 20-237 or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted to the department electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; Am. L.L. 2021/098, 9/26/2021, eff. 11/15/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/153, L.L. 2021/080, and L.L. 2021/098.
