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SidewalkSnitch / Rulebook / Outdoor Dining / DOT-SC-022

Sidewalk or Roadway Cafe — Heater Outside Permitted Area or Unapproved

Rule

Outdoor Dining · NYC DOT / NYC DOB / FDNY · 34 RCNY §5-10(f) (eff. March 3, 2024)

Sidewalk or Roadway Cafe — Heater Outside Permitted Area or Unapproved is enforced by NYC DOT / NYC DOB / FDNY under 34 RCNY §5-10(f) (eff. March 3, 2024). Severity default: Medium.

The regulation

Heating units used in a sidewalk cafe or roadway cafe must comply with all applicable laws, rules, and regulations and must be approved for such use by the NYC Department of Buildings and the NYC Fire Department. Heaters may only be located within the area of the sidewalk cafe or roadway cafe for which the revocable consent and license to operate have been granted — they may not be placed in the pedestrian clear path, the furnishing zone, or outside the cafe perimeter.

What to photograph

  • propane or electric patio heater positioned outside the cafe perimeter (in the pedestrian path or curb area)
  • open-flame or unapproved-looking heating device within an outdoor dining area
  • heater obstructing the clear path or placed near the curb beyond the cafe footprint
  • free-standing heating unit with no visible UL/DOB approval markings

How to file a complaint

  1. Photograph the obstruction from sidewalk level showing clear path width.
  2. Capture any posted DOT dining license or permit if visible.
  3. File via 311 under Sidewalk Café / Outdoor Dining, or use SidewalkSnitch dining analysis.
  4. Describe how pedestrians are forced into the street or bike lane.

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

Penalties & fines

DOT may issue notices of violation to licensed cafés; unlicensed setups can face removal orders and fines. Repeat violations can affect license renewal.

What happens after you file

DOT Sidewalk Café Inspection responds to encroachment complaints. Licensed sites are measured against permit bounds; unlicensed structures may be tagged for removal.

SidewalkSnitch supports photo analysis for dining complaints.

Draft a filing in the app

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.

Does SidewalkSnitch submit this to 311 automatically?

We prepare the text. You file it on 311. Nothing goes to 311 unless you send it.

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