Q: I live on the Upper West Side, and any day of the week, weather permitting, a guy comes by with his books and other tchotchkes and sets up shop. He keeps his tables chained to a nearby pole, probably so he doesn’t have to lug them back and forth. He brings with him unsavory characters and they leave their trash on the curb. It’s been going on for years, and it’s a nuisance. Is there any way to stop someone from selling things in front of our building?
A: Your neighborhood salesman is selling books, which is a protected activity under the First Amendment. If he is just selling constitutionally protected items, then he can run his business without a license. But that doesn’t mean that he can sell his wares wherever he wants.
The city has many restrictions on where vendors can set up and how they can operate. Some of these prohibit vendors from being within 10 feet of street corners, subway entrances or exits, and driveways, or within five feet of a bus shelter, a newsstand or a disabled access ramp. They must be 20 feet away from a building entrance or exit, and be next to the curb. And there has to be at least 12 feet of space on a sidewalk available for pedestrians. Vendors’ stands and items for sale can’t touch buildings, poles, fire hydrants or other structures, and their tables can’t be more than eight feet long, three feet deep, or five feet tall.
The Department of Sanitation, which enforces these vendor regulations, focuses on dirty conditions and items that are left out overnight, so even if the street vendor is in a legal location, there could be other violations.
“We believe that all New Yorkers, across every neighborhood, in every borough, deserve clean, safe sidewalks,” said Vincent Gragnani, press secretary for the city Department of Sanitation.
You and your neighbors can report suspected violations to 311.
A friendlier approach could be to talk to the vendor directly and discuss your concerns, perhaps suggesting that he provide a trash bin for his customers. Many vendors want to be good neighbors, said Mohamed Attia, managing director of the Street Vendor Project at the Urban Justice Center, which advocates for street vendors.
“The approach that some people have — ‘How can I eliminate this vendor?’ — especially if they operate in a legal location, that is not the way to go,” he said.
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