Sidewalk or Roadway Cafe — Heater Outside Permitted Area or Unapproved

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.

• 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

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.

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

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

• Outdoor dining violations