2. (a) Every owner, lessee, tenant, occupant or person in charge of any building or premises shall keep and cause to be kept the sidewalk, flagging and curbstone abutting said building or premises free from obstruction and nuisances of every kind, and shall keep said sidewalks, flagging, curbstones, and air shafts, areaways, backyards, courts and alleys free from garbage, refuse, rubbish, litter, debris and other offensive material. Such persons shall also remove garbage, refuse, rubbish, litter, debris and other offensive material between the curbstone abutting the building or premises and the roadway area extending one and one-half feet from the curbstone into the street on which the building or premises front. Such persons shall not, however, be responsible for cleaning the garbage, refuse, rubbish, litter, debris and other offensive material which accumulates at catch basins located within the one and one-half foot distance from the curbstone into the street.
So the office cited the corect section but let's examine the situation a little more carefully. One of the main problems with this New York City regulation is the infeasibility of residents who live in a house to avoid this type of a ticket if they work during standard work ours. The DSNY (Department of Santiation of New York) employees can only issue summonses from 8-9AM and 6-7pm during weekdays. See
Sidewalk Cleaning · NYC311 How could anyone reasonably be able to ensure a street is clean if the summons issued is in the morning hours and especially when it's closer to 9am? The ability to avoid such a ticket is not feasible since you'd need to have someone retained to clean the street every morning. This argument is generally not available if applied to a commercial property owner (which the store front might suggest) or own a building with a live in super and staff, as the law intends to address those who are in the vicinity at the beginning and end of the day and ensure it is clean. (If you're in a commercial storefront and close up shop at 5pm, they're expecting you to stay until 7pm to make sure you sweep - and that's less practical.)
Here is the DoS sidewalk and adjacent areas (street) enforcement routing information:
DSNY - The City of New York Department of Sanitation
Look closely at the description of this summons and you'll see the word "matted" included. This is not random. It is a specific word used to describe trash that has been pounded down into the area so that it is assumed that it has been embedded into the street or sidewalk area for a significant period of time and neglected by the property owner. It is interesting to note that the trash is situated in the tree pit area next to the car, which suggests that it could likely be the result of those parking tossing their trash out the window and appears to have scattered in several directions. It's an argument to make although the court alone may not agree.
The defense in these cases, especially during the weak time zones I mention above, is to establish that you have a habitual pattern and routine to clean each day and this is the result of sudden and unexpected accumulation of refuse resulting from the actions of an unknown party. If you can prove you have such a routine, such as through witnesses or cameras, you might start creating some standing. If you have video evidence of someone else disposing of the rubbish, you might find a sympathetic ALJ (administrative law judge) who may respect your effort but it's more challenging to apply if you're a commercial storefront owner.
