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Title: Notice of Public Hearing and Opportunity to Comment-DOT Proposed Rule on Vending in Elevated Pedestrian Walkways and Bicycle Lanes on Bridges
Agency Rules
Transportation (DOT)
Legal Affairs
11/15/2023 10:00 AM

Accessibility questions: rules@dot.nyc.gov, by Wednesday, November 8, 2023 5:00 PM

Wheelchair Accessible Sign Language Interpretation Open Captioning Closed Captioning
Archived
10/6/2023
Notice
Description

The Commissioner of the New York City Department of Transportation (“DOT”) is authorized to promulgate rules regarding parking and traffic operations in the City pursuant to section 2903(a) of the New York City Charter. 

Pursuant to paragraph (1) of subdivision (a) of section 2903 of the Charter, DOT has authority to promulgate rules regulating the conduct of vehicular and pedestrian traffic on streets of the City, which includes the pedestrian walkways and bicycle lanes on bridges and bridge approaches. 

DOT, in consultation with the Police Department (“NYPD”) and the Department of Sanitation (“DSNY”), has determined that it is necessary to promulgate a rule prohibiting vending on such walkways and lanes in order to enhance pedestrian safety, ease overcrowding and promote the safety and security of the bridges. The proposed rule will aid in the City’s enforcement efforts, thereby promoting safety and security in these areas.

In recent years, pedestrian counts on the elevated pedestrian walkway of the Brooklyn Bridge have increased. In 2022, there were an average of over 34,000 pedestrians traversing the Brooklyn Bridge elevated pedestrian walkway on a fall weekend day, compared to an average of over 17,000 pedestrians on such a weekend day in 2021. The width of the elevated pedestrian walkway of the Brooklyn Bridge averages 16 feet, but is less than 5 feet in multiple areas along the length of the Bridge. These high pedestrian counts make vending along the walkway an unsafe condition, particularly in areas where the width of the elevated pedestrian walkway narrows to 5 feet. The ability of pedestrians to exit the bridge safely is jeopardized by vendors who display and store their wares, carts, tables, tents, tarps, canopies, coolers, and generators along the elevated pedestrian walkway, impeding pedestrian traffic flow. Further, the Brooklyn Bridge is a critical link in and out of Manhattan and, as a result, is, at times, subjected to extremely high pedestrian traffic, such as during emergencies and protests, where the safe egress of pedestrians is crucial. 

In addition to the safety challenges posed by the high number of pedestrians and the potential for obstruction of the elevated pedestrian walkway, DOT has concerns about the effect of the carts, tables, wagons, generators, and similar items on the structural load capacity of the Brooklyn Bridge. Lastly, prohibiting such objects on the elevated pedestrian walkway would reduce the susceptibility of the bridge to fire threats and to threats to national security.

The specific change to the DOT Traffic Rules that is proposed would amend section 4-12(g) relating to vendors to specify that no vendor may stop, remain upon or otherwise encumber, or permit any cart, table, wagon, vehicle, or other object owned by them to stop, remain upon, or otherwise encumber,  elevated pedestrian walkways and bicycle lanes on bridges and bridge approaches for the purpose of selling, displaying, storing or creating merchandise or providing a service. This amendment would apply to all the bridges under the jurisdiction of DOT.


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