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Re: Ice cream trucks in Flushing and other Chinese neighborhoods

Posted by Stephen Bauman on Mon Jun 24 07:29:13 2024, in response to Re: Ice cream trucks in Flushing and other Chinese neighborhoods, posted by Kevin from Midwood on Mon Jun 24 00:30:42 2024.

IANAL

Neither am I. I was a systems engineer and had to read device specifications to determine whether said devices could be used for a certain application.

this is what ChatGPT 3.5 says (and yes, I know that it tends to "hallucinate" or confabulate, so I always take its output with a grain of salt

I think a ton of salt would be more appropriate. :=)

Here's a link to NYC's Traffic Rules.

https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-63770

The NYC Traffic Rules, Section 4-08 (h)(8), states: "No food vendor shall vend within any bus stop, taxi stand, within the portion of the sidewalk abutting any no standing zone adjacent to a hospital as defined in subdivision one of section 2801 of the New York state public health law, within ten feet of any driveway, any subway entrance or exit, or any crosswalk at any intersection"​

Actually this section has been renumbered in the June 2024 (current) version in the link. It's section 4-08 (h)(7). This is also true for the link that you provided for the April 15, 2020 version.

First: qualifications for items in section 4-08(h)

(h) On-street and off-street metered zones.

This means that any subsection is limited to metered zones, whether on-street or off-street.

Second: the exact text of section 4-08(h)(7):

(7) Displaying, selling or offering merchandise for sale prohibited. No peddler or vendor shall park a vehicle at a metered parking space for purposes of displaying, selling, storing or offering merchandise for sale from the vehicle.

(bold type for emphasis). This is the same text that appears in the April 15, 2020 version in your link.

It would appear ChatGPT 3.5 fabricated "facts", when it was challenged to provide further documentation.

You will note that the traffic regulation uses "park" rather than "vend" in describing the prohibited action. This is in keeping with a traffic rule.

FWIW, the picture for the E 14th St & Kings Hwy location, is metered. There still is some wiggle room, in the "parking" definition.

Section 4-08 (a)(4):

(4) Parking prohibited. When parking is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while expeditiously receiving or discharging passengers or loading of unloading property to or from the curb.

My experience has been that the NYC Traffic Rules are more ambiguous, compared to the NYS VTL.


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