Section 17-321. Enforcement  


Latest version.
  • a. Public health sanitarians or other authorized
      officers  or  employees of the department and police officers shall have
      the power to enforce all laws, rules and regulations  relating  to  food
      vendors. This provision shall in no way restrict any other power granted
      by law to any officer or employee of the city.
        b.  If a food vendor does not move his or her vehicle or pushcart when
      directed to do so by a police officer or  other  authorized  officer  or
      employee  of the city in compliance with the provisions of subdivision k
      of section 17-315 of this  subchapter,  such  officer  or  employee  may
      provide  for  the  removal  of  such  vehicle or pushcart to any garage,
      automobile pound or other place of safety, and the owner or other person
      lawfully entitled to the possession of such vehicle or pushcart  may  be
      charged  with  reasonable  costs  for  such removal and storage, payable
      prior to the release of such vehicle or pushcart.
        c. An officer or employee designated in subdivision a of this  section
      may  seize  any  vehicle or pushcart which (i) does not have a permit or
      (ii) is being used to vend on property owned by the city and  under  the
      jurisdiction  of  a  city  agency  including,  but  not  limited to, the
      department of parks and recreation or the department of  small  business
      services,  without the written authorization of the commissioner of such
      department, or (iii) is being used by an unlicensed vendor, or  (iv)  is
      being  used to vend in the area including and bounded on the east by the
      easterly side of Broadway, on the south by the southerly side of Liberty
      Street, on the west by the westerly side of West Street and on the north
      by the northerly side of Vesey  Street,  or  (v)  is  selling  food  not
      authorized  by  the  permit,  and may seize any food sold or offered for
      sale from such vehicle or pushcart. Such vehicle, pushcart or food shall
      be  subject  to  forfeiture  as  provided  in  section  17-322  of  this
      subchapter.  If a forfeiture proceeding is not commenced, the vendor may
      be charged with the reasonable costs for  removal  and  storage  payable
      prior to the release of such food, vehicle or pushcart unless the charge
      of  vending  without  a  permit  or vending without a license or vending
      without the authorization of such commissioner is dismissed.
        d. If a food vendor operates any food vending business on  any  street
      at any time where and when the operation of any food vending business is
      prohibited  pursuant  to  the provisions of section 20-465.1 of the code
      and any rules promulgated pursuant thereto, or if a food vendor operates
      a food vending business in the area including and bounded on the east by
      the easterly side of Broadway, on the south by  the  southerly  side  of
      Liberty  Street,  on the west by the westerly side of West Street and on
      the north by the northerly side of Vesey Street, any authorized  officer
      or employee of the city or member of the New York city police department
      is  authorized  to  provide  for the removal of such food vendor's food,
      vehicle or pushcart to any garage, automobile pound or  other  place  of
      safety,  and  the  owner  or  other  person  lawfully  entitled  to  the
      possession of such vehicle or pushcart  or  food  may  be  charged  with
      reasonable costs for removal and storage.