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Mayor Bill de Blasio doesn’t think the city should do a thing about the panhandling Santa Claus who set up shop outside the Herald Square Macy’s on Sunday.

“If it’s one individual and he’s not harassing people or being menacing or breaking the law in any way, that’s one individual,” de Blasio said Monday.

He insisted the only way the phony St. Nick would be thrown behind bars is if he is literally spotted committing a crime.

“Any violations of law will be dealt with by NYPD very aggressively,” he explained.

But law enforcement sources disagree, saying the Kris Kringle copycat would be arrested and charged with aggressive solicitation if he is spotted outside Macy’s again.

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Bad Santa takes pictures with tourists then asks for $5 per picture, claiming the Santa at Macy's costs much more.
Bad Santa asks for $5 per picture, claiming the fee at Macy's is much more.John Roca
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