Second-hand Automobiles in Public Spaces

Adopted Rules: Closed to Comments

Effective Date: 
Thursday, August 4, 2016
Agency:
Keywords:

Department of Consumer Affairs

Notice of Adoption of Rule

 

Notice of Adoption of a new Rule regarding the storage of vehicles by second-hand automobile dealers in public spaces in New York City.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs by Section 2203 of the New York City Charter and Sections 20-104 and 20-268 of the New York City Administrative Code, and in accordance with the requirements of Section 1043 of the New York City Charter, that the Department promulgates and adopts Section 2-103(m) of Subchapter K of Chapter 2 of Title 6 of the Rules of the City of New York, setting forth the requirements for the storage of vehicles by second-hand automobile dealers in public spaces in New York City.

The rule was proposed and published on March 21, 2016.  The required public hearing was held on April 21, 2016.

 

Statement of Basis and Purpose of Rule

Section 20-268 of Title 20 of the New York City Administrative Code, entitled “Restrictions,” places restrictions on the manner in which a dealer in second-hand articles may conduct his or her business.  For instance, subdivision a makes it “unlawful for any dealer in second-hand articles to carry on his or her business at any place other than the one designated in such license,” including business that is conducted in public spaces.  Additionally, the Department has found that second-hand automobile dealers frequently park, store or display vehicles in public spaces, such as sidewalks and streets, which interferes with pedestrian use and creates blockage, congestion and potential safety hazards. 

 

The rule clarifies that second-hand automobile dealers cannot park, store or display vehicles in public spaces and ensures that second-hand automobile dealers park them in a manner that is safe and does not interfere with the flow of pedestrian traffic.