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Proposed Rules: Open to Comments (View Public Comments Received:20)

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Agency:
Comment By: 
Wednesday, October 3, 2018
Proposed Rules Content: 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to issue rules regarding parking and traffic operations in the City pursuant to Section 2903(a) of the New York City Charter.  The rules that DOT is seeking to amend are contained within Chapter 4 of Title 34 of the Rules of the City of New York, relating to its “Traffic Rules.”

 

At the request of the New York City Department of Health and Mental Hygiene, DOT is commencing rulemaking, as required by section 19-174 of the New York City Administrative Code.  The purpose of this proposed rule is to establish horse carriage passenger boarding areas.  The proposed rule designates specific locations for the horse carriage passenger boarding areas in Central Park.  As of June 27, 2018, the Central Park Drives were permanently closed to unauthorized traffic. Limiting boarding of horse drawn cabs to these restricted areas within Central Park will reduce the amount of time that horses spend alongside vehicular traffic, thereby limiting horses’ interaction and potential conflict with vehicular traffic and thus promoting the safety and well-being of the horses.

 

Specifically, the amendments to the Traffic Rules being proposed are as follows:

 

  • Section 4-01 amends the definition of “horse drawn vehicle” to use the same term (“horse drawn cab”) used in section 19-174 of the New York City Administrative Code.

 

  • Section 4-09(d) is amended to reflect the change from “horse drawn vehicle” to “horse drawn cab.”
  •  Section 4-11(c)(7) is amended to reflect the change from “horse-drawn carriage” to “horse drawn cab.”
  • Section 4-12(t) is a new subdivision that establishes specific locations for horse carriage passenger boarding areas.

 

Subject: 

.

Location: 
DOT Bid Room
55 Water Street, Concourse Level
New York, NY 10041
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

The purpose of this proposed rule is to:

 

·         Clarify the Department’s original intent that individuals providing entertainment, such as musical performances, juggling, dance, or other performance arts in exchange for a fee or for a donation are considered vendors and that entertainment services and performances are considered expressive matter under the Department’s rules.

 

·         Indicate clearly that vendors of expressive matter, including entertainers, are exempt from permitting requirements of the Department applicable to vendors of goods or services so long as they comply with the Department’s Expressive Matter Vending Rules.

 

·         Address the recent decision in the Matter of New York Skyline, Inc., 94 A.D.3d 23 (1st Dep’t 2012), leave to appeal denied, 2012 N.Y. LEXIS 2019 (Aug. 30, 2012), which held that vendors of tickets to entertainments are exempt from permit requirements of the General Vendors Law, insofar as, without the proposed revisions, that decision could have been construed to similarly exempt entertainers from having to comply with the Department’s Expressive Matter Vending Rules.

 

 

Effective Date: 
Wed, 05/08/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 2, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The purpose of this proposed rule is to:

 

·       Clarify the Department’s original intent that individuals providing entertainment, such as musical performances, juggling, dance, or other performance arts in exchange for a fee or for a donation are considered vendors and that entertainment services and performances are considered expressive matter under the Department’s rules.

 

·       Indicate clearly that vendors of expressive matter, including entertainers, are exempt from permitting requirements of the Department applicable to vendors of goods or services so long as they comply with the Department’s Expressive Matter Vending Rules.

 

·       Address the recent decision in the Matter of New York Skyline, Inc., 94 A.D.3d 23 (1st Dep’t 2012), leave to appeal denied, 2012 N.Y. LEXIS 2019 (Aug. 30, 2012), which held that vendors of tickets to entertainments are exempt from permit requirements of the General Vendors Law, insofar as, without the proposed revisions, that decision could have been construed to similarly exempt entertainers from having to comply with the Department’s Expressive Matter Vending Rules.

 

 

Subject: 

Opportunity to comment on proposed changes to Parks Department rules governing expressive matter vendors.

Location: 
Chelsea Recreation Center
430 West 25th Street
New York, NY 10010
Contact: 

General Counsel
Alessandro G. Olivieri
Department of Parks and Recreation
The Arsenal, Central Park,
830 Fifth Avenue
New York, NY 10065