It's a health risk. But the city should not bother to enforce it at this point. Just warn the citizens that you may get sick.
Maybe when a decent mayor gets elected, they can clean up NYC again. But for now, why bother?
It is a health risk - but people should be smart enough to understand that risk. My problem is that she is taking away money from legitimate businesses that have to go through all of the health and safety hoops and everything else that the city requires.