Roadway Cafe — Adjacent Cafe Spacing & 4'6" Setback From Restaurant Perimeter

Per 34 RCNY §5-11(b), adjacent roadway cafes (or portions thereof) require a minimum gap between perimeters of 6 feet when both are the maximum 40 ft length, or 3 feet when both are under 40 ft. Each roadway cafe at the 40-ft maximum must additionally sit at least 4 feet 6 inches (4'6") inside the extension of the ground-floor restaurant's frontage perimeter. A restaurant whose frontage exceeds 40 ft may install multiple roadway-cafe portions, each subject to the same 40-ft length cap and inter-portion spacing rules.

• two roadway cafes back-to-back with less than ~6 ft between barriers
• a roadway cafe extending past the ground-floor restaurant's visible side-wall line
• barriers touching or near-touching an adjacent restaurant's cafe perimeter

1. Photograph trash, bags, or spill at the curb with building address visible.
2. Note time of day — set-out time violations require proof of early placement.
3. File at 311 under Dirty Conditions or Sanitation.
4. For commercial waste, note business name on signage if visible.

Official channel: portal.311.nyc.gov or dial 311. Agency: NYC DOT.

DSNY fines range from $50–$500+ for set-out time, containerization, and dirty-area violations. Repeat commercial offenders may face escalated penalties.

DSNY Sanitation Enforcement inspects and may issue Notices of Violation. Residential issues may be referred to property management; commercial routes get BIC oversight.

• What 311 does after you file