NYC Council Parking Ticket Proposal: A “Kodak Moment”

Last Updated on January 18, 2018 by Lawrence Berezin

Is the time right for passage of this NYC Council parking ticket proposal?

The Urban Dictionary defines a “Kodak Moment” as, “a rare, one time, the moment that is captured by a picture, or should have been captured by a picture.” If James Vacca (D-Bronx), head of the NYC Council Transportation Committee, a terrific guy, and friend of the NYC driving public, has his way, proposed legislation requiring a parking ticket warrior to take a photograph documenting your parking crime will be enacted into law.

Here’s the proposed bill

A Local Law to amend the administrative code of the city of New York, in relation to requiring photographs to be included with certain notices of violation for parking violations. Transportation was introduced by Council Member Vacca and referred to the Transportation Committee on May 12, 2010. Here is a text of the proposed legislation:

Int. No. 231

By Council Members Vacca, Brewer, Dromm, Fidler, Foster, Gentile, Koppell, Koslowitz, Mendez, Nelson, Sanders Jr., Van Bramer, Williams, James and Ulrich

Be it enacted by the Council as follows:

Section 1.  Chapter one of title 14 of the administrative code of the city of New York is amended by adding a new section 14-118.3 to read as follows:

§14-118.3  Handheld computers.  Handheld computers used by the department to enforce laws, rules and regulations relating to parking violations put into service after the effective date of the local law that added this section shall be capable of taking photographs.

§2.  Subdivision ‘a’ of section 19-204 of the administrative code of the city of New York is amended to read as follows:

a. The notice of violation shall contain information advising the person charged of the manner and the time in which he or she may plead either guilty or not guilty to the charge alleged in the notice.  Such notice of violation shall also contain a warning to advise the person charged that failure to plead in the manner and time provided shall be deemed, for all purposes, an admission of liability and that default judgment may be rendered.  Notices of violations alleging stopping, standing or parking in bus stops, in handicapped zones, in bicycle lanes, in crosswalks, on sidewalks, closer than fifteen feet to a fire hydrant, on the roadway side of a vehicle stopped, standing or parked at the curb, or alleging failure to display a required document or license plate, shall also contain a photograph evidencing the alleged violation, where the person issuing such violation is equipped with a handheld computer used to enforce laws, rules and regulations relating to parking violations capable of taking photographs and where practicable.  The form and wording of the notice of violation shall be prescribed by the director.  A copy of each notice of violation served shall be filed and retained by the bureau, and shall be deemed a record kept in the ordinary course of business, and shall be prima facie evidence of the facts contained therein.

§3.  This local law shall take effect ninety days after its enactment.

Int. No. 886-A/2009
LS # 648
RC

Commentary:

Is the time right to move this bill along for a vote? According to the version of the bill referred to committee last year, a parking ticket warrior will be required to create a “Kodak Moment” for certain enumerated parking violations:

• Stopping, standing or parking in bus stops,
• Parking in handicapped zones,
• In bicycle lanes, in crosswalks,
• On sidewalks,
• Closer than fifteen feet to a fire hydrant,
• On the roadway side of a vehicle stopped, standing or parked at the curb (commonly known as, “double parking”)
• Or alleging failure to display a required document or license plate

Kudos to Council Member Vacca for his consistent and passionate support of the NYC driving public; and to the other Council Members who support this bill. I’m rooting for the legislation to garner enough support to override Mayor Bloomberg’s prospective veto.

I urge Council Member Vacca to amend this version of the proposed bill to include pedestrian ramps. There are bogus parking tickets still being issued for parking in front of LEGAL pedestrian ramps. Please consider including pedestrian ramps to the list.

What do you think? Will these bills gain sufficient traction to override the veto Mayor Bloomberg will surely launch? Please share your opinions. They matter to all of us.