Section 20-468. Enforcement  


Latest version.
  • a.  Authorized  officers and employees of the
      department and members of the police department shall have the power  to
      enforce  all  laws,  rules  and regulations relating to general vendors.
      This provision shall in no way restrict any other power granted  by  law
      to an officer or employee of any city agency.
        b.  If  a  general  vendor  does  not  move his or her goods, vehicle,
      pushcart or stand 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 20-465 such officer  or  employee
      is  authorized  to  provide  for  the  removal  of  such goods, vehicle,
      pushcart or stand to any garage, automobile  pound  or  other  place  of
      safety,  and  the  owner  or  other  person  lawfully  entitled  to  the
      possession of such vehicle, pushcart, stand or goods may be charged with
      reasonable costs for removal and storage payable prior to the release of
      such goods, vehicle, pushcart or stand.
        c. Any police officer may seize any  vehicle,  pushcart  or  stand  or
      other  such  device used by an unlicensed general vendor in violation of
      section 20-453 including a vehicle, pushcart, or other such device  used
      to transport goods sold, given or otherwise transferred to an unlicensed
      general vendor in violation of section 20-466 of this subchapter and may
      seize  any goods which are being sold by an unlicensed general vendor in
      violation of section 20-453 and such vehicle, pushcart, stand  or  goods
      or  other device shall be subject to forfeiture upon notice and judicial
      determination. If a forfeiture proceeding is not commenced, the owner or
      other person lawfully entitled to the possession of such goods, vehicle,
      pushcart, or stand or other device may be charged  with  the  reasonable
      cost for removal and storage payable prior to the release of such goods,
      vehicle,  pushcart  or  stand,  or  other  device  unless  the charge of
      unlicensed vending has been dismissed.
        d. If a general  vendor  operates  any  general  vending  business  in
      violation  of  the provisions of section 20-465.1 of this subchapter and
      any rules promulgated pursuant thereto on any such  street  and  at  any
      such  time  as  the  street  vendor  review  panel  has determined to be
      regularly too congested by pedestrian or vehicular traffic to permit the
      operation of any general vending business thereat without there being  a
      serious and immediate threat to the health, safety and well-being of the
      public,  or  if  a general vendor operates any such business in the area
      designated in paragraph two of subdivision g of section 20-465  of  this
      subchapter,  any  authorized  officer  or  employee of the department or
      member of the police department is authorized to provide for the removal
      of such general vendor's  goods,  vehicle,  pushcart  or  stand  to  any
      garage,  automobile  pound  or  other  place  of safety, and such goods,
      vehicle, pushcart or stand may be subject to forfeiture upon notice  and
      judicial  determination.  If  a forfeiture hearing is not commenced, the
      owner or other person  lawfully  entitled  to  the  possession  of  such
      vehicle,  pushcart,  stand or goods may be charged with reasonable costs
      for removal and storage payable prior to  the  release  of  such  goods,
      vehicle, pushcart or stand.
        e.  Any police officer may seize any vehicle, pushcart, stand or goods
      of a vendor operating any general vending business in violation  of  the
      following  subdivisions  of section 20-465: subdivisions b, e, i, or the
      provisions of subdivision  m  relating  to  obstruction  of  ventilation
      grilles.  The  owner or other person lawfully entitled to the possession
      of  such  vehicle,  pushcart,  stand,  or  goods  may  be  charged  with
      reasonable costs for removal and storage payable prior to the release of
      such  vehicle,  pushcart,  stand or goods, unless the violation has been
      dismissed.
    
        f. If a general vendor who exclusively vends written  matter  conducts
      such business with the use of a vehicle, pushcart or stand, or using the
      surface of the sidewalk, or a blanket or board placed immediately on the
      sidewalk  or  on top of a trash receptacle or cardboard boxes to display
      merchandise,  on  any  street  and  at  any  time where both (i) general
      vending is prohibited pursuant to section 20-465.1  of  this  subchapter
      and  any  rules promulgated thereunder or paragraph two of subdivision g
      of  section  20-465  of  this  subchapter;  and  (ii)  food  vending  is
      prohibited pursuant to section 20-465.1 of this subchapter and any rules
      promulgated  thereunder  or  pursuant  to  subdivision k or 1 of section
      17-315  of  this  code,  any  authorized  officer  or  employee  of  the
      department  or  member of the police department is authorized to provide
      for the removal of such general vendor's  goods,  vehicle,  pushcart  or
      stand to any garage, automobile pound or other place of safety.