An Improbable Proposed ASP Law You Need to Know About

Last Updated on December 20, 2021 by Lawrence Berezin

Council Member Kalman Yeger’s proposed ASP law

Council Member Yeger proposed a breathtaking change in the current ASP law that significantly impacts the driving community. Meanwhile, harken back to the painful day in February 2020, when the Evil Empire increased ASP violation fines citywide to $65. Ouch! That was way too much money to pay for sleeping late on a chilly morning in February, yes?

That is to say, the driving public will roar a collective, “hip, hip, hooray,” for Council Member Yeger and his excellent new law if it ever sees the light of day.

What do you think?

The proposed ASP law

Without further adieu, here are the words that can stop your wallet from gushing green.

“By Council Member Yeger

A Local Law to amend the administrative code of the city New York, in relation to the penalty for violations of alternate side parking rules

Be it enacted by the Council as follows:

Section 1. Subdivision b of section 19-203 of the administrative code of the city of New York, as amended by chapter 93 of the laws of 2002, is amended to read as follows:

b. To provide for penalties other than imprisonment for parking violations, provided, however, that monetary penalties shall not exceed fifty dollars for each parking violation, provided that monetary penalties shall not exceed one hundred dollars for each parking violation committed in a space where stopping or standing is prohibited and provided, further, that monetary penalties shall not exceed one hundred fifty dollars for each handicapped parking violation, and provided further that monetary penalties shall not exceed thirty dollars for parking violations committed in violation of officially posted street cleaning rules;

Keep reading!

§ 2.  Chapter 2 of title 19 of the administrative code of the city of New York is amended by adding a new section 19-216 to read as follows:

§ 19-216 Refund of street cleaning penalties. a. The commissioner of finance shall issue a partial refund of monetary penalties paid in connection with any summons issued on or after February 20, 2020, for parking in violation of officially posted street cleaning rules. The amount to be refunded shall consist of the amount paid in excess of the thirty-dollar maximum penalty for such a violation provided in subdivision b of section 19-203, excluding all associated surcharges and fees.

b. The commissioner of finance may promulgate any rules necessary to administer the provisions of this section.

§ 3. This local law takes effect immediately, and section one of this local law is retroactive to and deemed to have been in effect as of February 20, 2020. ¹“

Was the significant increase enacted legally?

Meanwhile, check out the NYC Administrative Code, Title 19, Chapter 19, Section 19-203b, which reads:

§ 19-203 Functions, powers and duties of the parking violations bureau. The parking violations bureau shall have the following functions, powers and duties:

a. To accept pleas to, and to hear and determine, charges of parking violations;

b. To provide for penalties other than imprisonment for parking violations, provided however, that monetary penalties shall not exceed fifty dollars for each parking violation, provided that monetary penalties shall not exceed one hundred dollars for each parking violation committed in a space where stopping or standing is prohibited and provided, further, that monetary penalties shall not exceed one hundred fifty dollars for each handicapped parking violation;

So, my question is was the fine increase to $65 properly enacted?

Commentary

I sent an email to Council Member Kalman Yeger and asked him for some insight into his proposed law:

-Was the increased fine for street cleaning enacted properly?

-What motivated him to propose this law?

Hopefully, he’ll respond and I will share his response with all.

Happy holidays

Be safe!