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SidewalkSnitch / Regulations / Sanitation / DOT-SC-013

Sidewalk or Roadway Cafe — Maintenance Violation (Trash, Vermin, Unsanitary)

Sanitation · NYC DOT / DSNY · 34 RCNY §5-10(a) (eff. March 3, 2024)

Sidewalk or Roadway Cafe — Maintenance Violation (Trash, Vermin, Unsanitary) is enforced by NYC DOT / DSNY under 34 RCNY §5-10(a) (eff. March 3, 2024). Severity default: Medium.

The rule

Sidewalk cafes and roadway cafes must be kept clean, well-maintained, and clear of trash, debris, graffiti, vermin, food scraps, and unsanitary conditions at all times. Licensees must also keep clean the area of the roadway extending 1.5 feet beyond a roadway cafe on all sides. Trash may not be stored within the cafe area. Clarification: a municipal or public litter basket (a city trash can) standing near the cafe is permitted and is not the cafe's equipment — only cite this rule for the cafe's own debris, spillage, or overflowing waste.

What to photograph

  • visible trash, food scraps, or garbage accumulated within or around a sidewalk or roadway cafe
  • graffiti on cafe furniture, barriers, awnings, or umbrellas
  • rodent evidence (droppings, gnaw marks, bait stations) near or within outdoor dining area
  • generally dirty, neglected, or unsanitary condition of a sidewalk or roadway cafe
  • garbage bags stored inside or alongside a sidewalk cafe perimeter

How to file a complaint

  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.

Penalties & fines

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

What happens after you file

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

SidewalkSnitch supports photo analysis for dining complaints. Draft a filing in the app →

Related guides

FAQ

Can I file anonymously?

311 requires contact information for follow-up. Your identity is not shared with the violator. SidewalkSnitch requires phone verification for filings but does not auto-submit to 311.

Does SidewalkSnitch submit this to 311 automatically?

SidewalkSnitch can analyze photos for dining violations and prepare a ready-to-file draft. Direct 311 submission is not live yet — you file at 311.nyc.gov for a Service Request Number.

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Sidewalk or Roadway Cafe — Maintenance Violation (Trash, Vermin, Unsanitary) | NYC Regulation | SidewalkSnitch