City curtails use of roll down security gates

Citing high rates of graffiti, the City Council voted unanimously on Monday to gradually ban the use of roll-down metal security gates, a move that would eliminate what has been an enduring if forbidding feature of the urban streetscape.

Other kinds of security gates — like rolling or sliding grilles, which permit passers-primarily by Councilman Peter F. Vallone Jr., a Queens Democrat who is chairman of the Public Safety Committee — only after the Council agreed to a lengthy grace period. Not until 2026 will the roll-down metal gates be entirely banned.

The bill applies to two categories of structures under the city’s buildings code: Occupancy Group B, which includes banks, beauty salons and copy shops, and Occupancy Group M, which encompasses retail stores, drug stores and department stores.

This bill would require that after July 1, 2011, any roll-down gate that is being replaced must be replaced with a gate that allows at least 70 percent of the covered area to be visible.

By July 1, 2026, all of the businesses covered by the legislation must have the new higher-visibility gates installed.

“We wanted to give a reasonable phase-in period to small businesses,” said Jeffrey Haberman, a lawyer who works on drafting legislation for the City Council. “The typical gate, with regular maintenance, lasts anywhere from 10 to 15 years. Most businesses that have roll-down gates now will have replaced their gates over the normal course of business by 2026.”

In arguing for the legislation, Mr. Vallone said that opaque metal gates were unattractive and easily vandalized. He also noted that many police officers and firefighters considered the gates that allow partial visibility to be preferable from a safety perspective.

“This bill not only helps first responders when they are called to protect our businesses, but it carries the additional benefit of beautifying our city’s landscape,” Mr. Vallone said in a statement. “Currently, many of our vibrant blocks quickly transform into dark, graffiti-strewn metal alleyways when solid security gates are rolled down at night. We are now giving business owners a new tool to improve their communities at their own pace.”

The legislation, which would take effect Jan. 1, directs the Department of Buildings to develop an outreach program to alert affected businesses, development corporations, chambers of commerce, and community boards of the new requirements. A violation would carry a penalty of $250 for a first offense and $1,000 for each subsequent offense. Between 2011 and 2026, any business cited for having the incorrect gates will not have to pay fines if the violation is corrected within 90 days or if the owner can prove the gate was installed before 2011. After 2026, businesses will be able to avoid fines if they replace the roll-down within 90 days.