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Adopted Rules: Closed to Comments

Adopted Rules Content: 


Statement of Basis and Purpose

 

Statutory Authority

These amendments to the New York City Health Code (the “Health Code”) are authorized by sections 558 and 1043 of the New York City Charter (the “Charter”).  Sections 558(b) and (c) of the Charter empower the Board of Health (the “Board”) to amend the Health Code and to include in the Health Code all matters to which the authority of the New York City Department of Health and Mental Hygiene (the “Department”) extends. Section 1043 grants the Department rulemaking authority. 

 

Background

 

The Department’s Bureau of Veterinary and Pest Control Services enforces Health Code Article 161 pertaining to the control of animals in the City.  Article 161 currently requires pet shops other than those selling dogs and cats to have permits and to comply with other provisions of the Health Code.  The N.Y. State Agriculture and Markets Law Article 26-A (“Care of Animals by Pet Dealers”) formerly prohibited local regulation of “pet dealers,” defined in such State law as an entity that sells more than nine animals (dogs and/or cats) to the public per year. See Agriculture and Markets Law §§400 subdivisions (1) and (4) and 400-a.  Effective January 10, 2014, this law was amended and a new §407 authorizes local regulation of these entities, provided that the local law is no less stringent than Article 26-A or effectively results in banning of all sales of dogs or cats “raised and maintained in a healthy and safe manner.”

 

On January 17, 2015, Local Law 5 of 2015 was enacted, and on June 2, 2015 was further amended by Local Law 53. Read together, Title 17 of the New York City Administrative Code now authorizes the Department to regulate pet shops selling dogs and cats, and Administrative Code § 17-372 requires such pet shops to hold permits issued by the Commissioner of the Department.  The law was to have become effective June 1, 2015, but was stayed on that date as a result of a challenge in the U.S. Court for the Eastern District of New York by certain pet shops and animal dealers. On October 20, 2015 it was upheld by the court and is therefore now in effect. An appeal filed after publication of the notice of intention to amend the Health Code is currently pending.   

 

The Board of Health is amending provisions of Article 161 that explicitly state that they are not applicable to sales of dogs and cats by pet dealers regulated under Article 26-A of the Agriculture and Markets Law, since pet shops selling these animals are again being regulated by the Department.  Pet shops selling only animals other than dogs and/or cats continue to be regulated by the Department and none of these amendments substantively affect those pet shops. In conjunction with these amendments, the permit fees and expiration dates set forth in Health Code Article 5 are also amended to be consistent with the fees set forth in the new Administrative Code  §17-374.

 

Effective Date: 
Mon, 07/18/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

The Mayor’s Office of Citywide Events Coordination and Management (OCECM), which oversees the Street Activity Permit Office (SAPO), administers New York City’s permit system for street activities, block parties and fairs.

Each year SAPO issues permits to over 200 street fairs and over 5,000 other events, most of which include the use of multiple blocks over several days, the erection of structures, the vending of food, apparel and other goods and the use of amplified sound and the performance of music.  Events like these require additional police officers which increases overtime costs to the City.  These events also divert police officers from core crime-fighting, public-safety and counter-terrorism duties.

To more effectively deploy police resources and control overtime costs, the New York City Police Department has requested that SAPO exercise its discretion temporarily to deny permits for additional events scheduled for calendar year 2016.  The proposed rules will authorize SAPO to deny permits to these events if the event was not held in the calendar year 2015. Events that received permits in calendar year 2015 will be eligible to receive permits again in calendar year 2016 so long as the required fees are paid and there were no violations of the 2015 permit.

The Police Department has also requested that SAPO permits be restricted for block closures on side streets in the Times Square area during ongoing construction, which has had a significant impact on traffic in an already congested area. 

In light of the need to effectively deploy police resources and control overtime costs articulated above and the desire to allow opportunities for new street fairs, during calendar year 2016 OCEM will explore options for reallocating the distribution of street fairs during the 2017 calendar year.

In addition, in order to permit adequate time for review, the deadline for applications for special events is being changed from 10 business days to 30 days.  Additional timing allows all parties for proper planning of resources in a more timely manner.  In response to comments received at a public hearing held on November 23, 2015, the 10 business day deadline will continue to apply to extra small and small special events that occupy sidewalk and curb lanes only.  Extra small and small events do not require street closures and demand less processing and coordination of City resources and that will be reflected in the maintenance of the 10 business day deadline for these events.

SAPO authority for these rules is found in section 1043 of the New York City Charter and Executive Order No. 105 of 2007.

Effective Date: 
Fri, 01/01/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

The Office of Citywide Events Coordination and Management (OCECM), Street Activity Permit Office (SAPO) is charged with administration of the permit system for street activities, block parties and fairs.

            Over two hundred SAPO-permitted street fairs and over 5,000 events occur annually within the City.  Almost all of these events involve permits for the use of multiple blocks over several days, the erection of structures, the vending of food, apparel and other goods and the use of amplified sound and the performance of music.  Such events require additional police presence and increase overtime expenditure by the City.  In order to effectively deploy police resources, the New York City Police Department has requested for the calendar year 2015 that SAPO exercise its discretion temporarily to deny permits for additional events that place an excessive burden on police resources and divert uniformed personnel from core crime fighting, public safety and counter terrorism duties.

            In the interests of protecting the City and its inhabitants, these rules will authorize SAPO to deny permits to events scheduled for calendar year 2015, the anticipated effective date of the proposed rules, if the event was not held in the calendar year 2014, the year prior to the effective date of the proposed rules.

            SAPO authority for these rules is found in section 1043 of the New York City Charter and Executive Order No. 105 of 2007.

Effective Date: 
Tue, 12/30/2014

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Monday, December 8, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

The Office of Citywide Events Coordination and Management (OCECM), Street Activity Permit Office (SAPO) administers New York City’s permit system for street activities, block parties and fairs.

Each year SAPO issues permits to over 200 street fairs and over 5,000 other events, most of which  include the use of multiple blocks over several days, the erection of structures, the vending of food, apparel and other goods and the use of amplified sound and the performance of music.  Events like these require additional police officers which increases overtime costs to the City.  These events also divert police officers from core crime fighting, public safety and counter terrorism duties.

To more effectively deploy police resources and control overtime costs, the New York City Police Department has requested that SAPO exercise its discretion temporarily to deny permits for additional events scheduled for calendar year 2015.  The proposed rules will authorize SAPO to deny permits to these events only if the event was not held in the calendar year 2014. Events that received permits in calendar year 2014 will be eligible to receive permits again in calendar year 2015.

SAPO authority for these rules is found in section 1043 of the New York City Charter and Executive Order No. 105 of 2007.

 

 

Subject: 

Amendments to extend the existing moratorium on street fair applications to Calendar Year 2015

Location: 
SAPO/Office of Administrative Trials and Hearings
100 Church Street 12 Floor, Hearing Room A
New York, NY 10007
Contact: 

Emil Lissauer
Deputy Executive Director, Citywide Coordination and Management
(212) 788-7567

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

   

STATEMENT OF BASIS AND PURPOSE

                       

Pursuant to §1043 and §2903 (b) of the New York City Charter, the Commissioner of Transportation is authorized to promulgate rules regarding maintenance of public roads, streets, highways, parkways, bridges and tunnels.

 

Chapter 2 of Title 34 of the Rules of the City of New York is being amended to allow for the utilization of a microtrenching for the installation of fiber-optic telecommunications conduit.  Through a pilot program conducted by the New York City Department of Transportation (DOT) and the New York City Department of Information Technology and Telecommunications (DOITT), DOT has determined that microtrenching is less disruptive to traffic and requires less extensive restoration work than installation of conduit utilizing conventional trenching.These rules authorize telecommunications franchisees to obtain permits to install conduit via microtrenching in compliance with certifications issued by DOITT.  DOITT is separately proposing companion rules to authorize telecommunications franchisees to perform microtrenching in compliance with DOT permits.

                    

 

Effective Date: 
Sat, 01/18/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 6, 2013
Proposed Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

 

Pursuant to §1043 and §2903 (b) of the New York City Charter, the Commissioner of Transportation is authorized to promulgate rules regarding maintenance of public roads, streets, highways, parkways, bridges and tunnels.

 

Chapter 2 of Title 34 of the Rules of the City of New York is being amended to allow for the utilization of a microtrenching for the installation of fiber-optic telecommunications conduit. Through a pilot program conducted by the New York City Department of Transportation (DOT) and the New York City Department of Information Technology and Telecommunications (DOITT), DOT has determined that microtrenching is less disruptive to traffic and requires less extensive restoration work than installation of conduit utilizing conventional trenching. These proposed rules authorize telecommunications franchisees to obtain permits to install conduit via microtrenching in compliance with certifications issued by DOITT. DOITT is separately proposing companion rules to authorize telecommunications franchisees to perform microtrenching in compliance with DOT permits.

 

 

Subject: 

Opportunity to comment on proposed Department of Transportation rules relating to Microtrenching.

Location: 
Department of Transportation (DOT) BID Room, Room A
55 Water Street, (entrance located on the south side of the building facing the Vietnam Veteran’s Memorial)
New York, NY 10041
Contact: 

Franco Esposito
Senior Counsel
55 Water Street, 9th Floor
New York, New York 10041
(212) 839-6500

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 



 Click here (.pdf) for the complete text of the adopted rule.



Effective Date: 
Fri, 04/20/2012