Rivington Businesses Must Remove Sidewalk ATMs

Posted on: February 21st, 2011 at 6:09 am by

In early December, City Council approved legislation that effectively bans businesses from installing sidewalk ATMs. It was kicked over to the mayor’s office for his stamp of approval, but delayed until just last month.  Indeed, according to City Council records, the bill was signed into law on January 4.

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Now the first set of neighborhood offenders have already been singled out.  Last week, “Notice of Encroachment Orders” were pasted to each sidewalk ATM outside 106, 110, and 112 Rivington Street.  These cash machines are considered unauthorized projections or encroachments under section 19-133 [PDF] of the New York City Administrative Code:

§19-133.1 Unlawful Sidewalk ATMs. a) For purposes of this section, “Automated Teller Machine Booth (“ATMbooth”) shall mean any device linked to the accounts and records of a banking institution that enables consumers to carry out banking transactions, including, but not limitedto, account transfers, deposits, cash withdrawals, balance inquiries, and loan payments.

b) Notwithstanding any other provision of law, it shall be unlawful for any property owner to permit an ATM booth to be located on any portion of the sidewalk that is adjacent to the property of such owner, lies between the curb line and the building line, and is intended for use by the public.

c) The department may serve an order upon the owner of any premises adjacent to which such ATM booth is located, requiring such owner to remove such ATM booth…

The Notice of Encroachment gives property owners thirty days from the date of the letter to remove the cash box.  Otherwise, there are fines involved – between $2,500 and $5,000 the first day, and an additional $5,000 every five days thereafter if not removed.

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