Last Updated on February 7, 2022 by Lawrence Berezin
Helpful parking laws
The NYC Council may not pass some helpful parking laws growing whiskers waiting for a legislative green light. “Why not?” My guess is:
-Some of the proposed laws may benefit NYC drivers but not the Evil Empire.
-Or, maybe they are too expensive to implement.
-Or simply may not have the support of sufficient members to win passage.
Meanwhile, here are three laws waiting for a big thumbs up from the powers to strut their stuff on NYC roadways.
Helpful parking law about changing a parking restriction
By Council Members Cumbo, Rodriguez, Louis, Yeger, and Gibson
A Local Law to amend the administrative code in relation to extending the grace period for parking violations after a change in parking restrictions
Be it enacted by the Council as follows:
Section 1. Subdivision “a” of section 19-175.2 of the administrative code is amended to read as follows:
a. Following any permanent change in parking restrictions posted by the department, the department shall post a notice, in the affected areas, indicating the effective date of such change. Within thirty days of posting notice of the effective date of such a permanent change, no vehicle may be towed for a violation pursuant to such change unless it is necessary for public safety. An owner of a motor vehicle parked in the affected areas who receive a notice of a parking violation that occurred within [five] fifteen days of the posting of the notice of the parking restriction change shall have an affirmative defense that the vehicle of the owner was parked in compliance with the applicable parking restriction that was in effect prior to such change. Within one business day of making a permanent change in parking restrictions, such change will be reflected on the website containing parking restrictions as required by section 19-175.1 of the code.
§ 2. This local law takes effect immediately.
Dan’s helpful comment: The NYCDOT is supposed to attach a little green sticker with the install date to newly installed No Parking/No Standing signs, but they don’t always do it.
Parking permit for expectant mothers
This helpful parking law aims at making it easier for mothers experiencing difficult or complicated pregnancies to park in NYC.
By Council Member Rosenthal and the Public Advocate (Mr. Williams) (by request of the Queens Borough President)
A Local Law to amend the administrative code of the city of New York, in relation to creating a new parking permit for expectant mothers experiencing a difficult or complicated pregnancy
Be it enacted by the Council as follows:
Section 1. Chapter one of title 19 of the administrative code of the city of New York is amended by adding a new section 19-162.3 to read as follows:
§ 19-162.3 Permissible parking for expectant mothers experiencing a difficult or complicated pregnancy. a. For the purposes of this section, the term “difficult or complicated pregnancy” means any pregnancy which results in impaired mobility.
b. The commissioner shall issue a parking permit for a vehicle owned or operated by an individual who has been certified by a physician as experiencing a difficult or complicated pregnancy. Such parking permit shall be issued within thirty days of the department receiving an application and shall expire thirty days after the expected delivery date.
c. Such parking permit shall only be used for the purpose of parking a vehicle where parking is prohibited by sign or rule or allowing a vehicle to stand where standing is prohibited by sign or rule.
d. Notwithstanding any other provision of law, such parking permit shall not authorize the parking of a vehicle in a bus stop, a taxi-stand, within fifteen feet of a fire hydrant, a fire zone, a driveway, a crosswalk, a no stopping zone, a no standing zone, or where the vehicle would be double-parked.
e. Any misuse of a parking permit, as determined by the commissioner, issued pursuant to this section shall be sufficient cause for revocation of such parking permit.
f. Notwithstanding any other provision of law, no vehicle bearing a permit issued pursuant to this section may be towed when such vehicle is being used in accordance with the purpose for which such permit was issued, except in public safety emergencies to be determined by the police department.
§2. This local law takes effect ninety days after it becomes law.
Restrict reserving on-street parking spaces for commercial establishments
This bill would prohibit commercial establishments from parking vehicles on city streets as part of their business. This would include auto body shops, mechanics, car rental businesses, and gas stations, which use street parking for the purpose of dropping off, picking up, inspecting, storing, repairing, servicing, or displaying a vehicle for sale, lease, or rent.
The fine for such violation would be between $250 and $400 per day.
By Council Member Holden
A Local Law to amend the administrative code of the city of New York, in relation to prohibiting certain commercial establishments from parking vehicles on city streets
Be it enacted by the Council as follows:
Section 1. Subchapter 2 of chapter 1 of title 19 of the administrative code of the city of New York is hereby amended to add a new section 19-170.1 to read as follows:
§ 19-170.1 Limitation on the parking of motor vehicles by certain commercial establishments. a. As used in this section, the following terms have the following meanings:
Commercial establishment. The term “commercial establishment” means a motor vehicle repair shop, rental vehicle business, or vehicle maintenance shop. A commercial establishment does not include a car dealership as defined in section 415 of the vehicle and traffic law.
Inventory vehicle. The term “inventory vehicle” means a motor vehicle that is owned by a commercial establishment for the purpose of selling, renting, or leasing to a consumer.
Motor vehicle repair shop. The term “motor vehicle repair shop” means any person, as defined in section 1-112 of this code, who for compensation, is wholly or partially engaged in the business of repairing or diagnosing motor vehicle malfunctions or repairing motor vehicle bodies, fenders, or other components damaged by accident or otherwise. The term “motor vehicle repair shop” also includes any shop, drive-in station, or garage at which motor vehicles are inspected for the purposes of appraising, evaluating, or estimating the extent or value of motor vehicle damage or the necessity or cost of motor vehicle repairs.
Rental vehicle business. The term “rental vehicle business” means any person, as defined in section 1-112 of this code, in the business of providing rental vehicles to the public. The term “rental vehicle business” does not include carsharing organizations as defined in subdivision a of section 19-175.5.
Shop vehicle. The term “shop vehicle” means a motor vehicle that is in the possession of or is being operated at the direction of a commercial establishment for the purpose of maintenance, service, or repair, but is not owned by such commercial establishment.
Vehicle maintenance shop. The term “vehicle maintenance shop” means any person, as defined in section 1-112 of this code, who for compensation, is wholly or partially engaged in the business of performing vehicle maintenance such as fueling, changing oil, batteries, or tires, replacing fan belts, air filters or oil filters, installing windshield wiper blades or light bulbs, or such other minor repair and servicing functions.
b. It shall be unlawful for any commercial establishment to park, store, idle, or otherwise maintain on any street any inventory vehicle or shop vehicle.
c. Any owner of a commercial establishment found to be in violation of this section is liable for a civil penalty of not less than $250 and not more than $400. For purposes of this section, every day that any single inventory vehicle or shop vehicle is parked in violation of this section shall be considered a separate violation.
d. Where an owner or lessee of a motor vehicle, other than a commercial establishment, receives a summons for a violation of subdivision b, it is an affirmative defense that such motor vehicle was in the possession of or operated at the direction of a commercial establishment at the time of the violation alleged in the summons.
e. Any inventory vehicle that is parked in violation of subdivision b of this section is subject to impoundment. Any inventory vehicle impounded pursuant to this subdivision shall not be released until all applicable towing and storage fees have been paid. The commissioner may promulgate rules concerning the procedure for the impoundment and release of inventory vehicles pursuant to this subdivision.
f. The penalties and fees provided for in this section shall be in addition to any other penalties, fees, or remedies provided by law or regulation.
§ 2. This local law takes effect 120 days after it becomes law.
I am fascinated by proposed laws. And, why do some helpful parking laws pass and why others don’t?
There are a couple of pending laws related to snow. For example, a bill requiring that alternate side parking is suspended during any snowfall with at least four inches of accumulation. And, another bill that would require the suspension of alternate side of the street parking rules during and for 48 hours after a snowfall when the Department of Sanitation suspends street sweeping operations and would suspend parking meter and muni-meter rules for the same duration of time.
Would you vote, yes or no on these two proposed bills?
I would love to hear your thoughts on these bills-in-waiting.