NYC Parking Ticket Legislative News and Commentary

Last Updated on June 25, 2018 by Lawrence Berezin

Legislative news about proposed laws and rules

I strolled down the cyberspace corridors of the NYC Council looking for legislative news and found some proposed laws and rules that would have a major impact on your parking life in NYC.  My recurrent question always is, “will these proposals see the light of day?”

Probably not.

But, by checking ’em out we get a birds-eye view of the machinations and counter-machinations that go on behind the scenes before a law or rule is passed.

Here are some of the highlights.

Legislative news

Here’s a great proposal that in my humble opinion will never see the light of day

This proposed law would require the Department of Transportation to post on its website when parking regulations in school zones are in effect. The proposed law would also require that the Department of Transportation not enforce certain parking regulations when schools are not in session. This proposed law would clarify when regulations are in effect and free up parking in spots reserved for school employees when school is not in session.

One of the most confusing conundrums in Parking Ticket Land is when is it safe to park at school? Currently, the rule permits parking when school is in recess. But, further stipulates that parking is still when school is in recess if there are teacher meetings or other school-related activities going on. But, where do we find this extra information?

This rule will be incredibly helpful. But, the scope is too wide to gain the hearts and minds of sufficient counsel-people to pass. It not only deals with notice of parking regulations in school zones but eliminates enforcement of certain rules when schools are not in session, and frees up parking space when school is not in session.

[alert type=”info” icon-size=”normal”]Here’s the proposed law:[/alert]

By Council Members Deutsch, Koslowitz, Holden, Yeger, Brannan, Salamanca, Lancman, Moya and Rose

A Local Law to amend the administrative code of the city of New York, in relation to clarifying the enforcement of parking regulations near schools

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 amended by adding a new section 19-175.6 to read as follows:

§ 19-175.6 Enforcement of parking regulations in school zones. a. Definitions. For the purposes of this section, the term “school” means any buildings, grounds, facilities, property, or portion thereof, whether publicly or privately owned, in which educational instruction is provided to students at or below the twelfth-grade level.

b. The department shall post a list on its website of the days and times during which parking regulations that are based on when school is in session are in effect at each school, including parking spaces designated as solely for school employees and any no standing or no parking zones relating directly to school operations.

c. Parking regulations reserving parking spots for school employees, and no standing zones and no parking zones that relate directly to school operations, shall only be in effect when school is in session.

§ 2. This local law takes effect 120 days after it becomes law, except that the commissioner of transportation may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date

Here’s an interesting proposal

What is the value of creating a city-wide parking permit system? Here are the details

By Council Members Rodriguez, Levine, Van Bramer, Levin, and Rivera

A Local Law to amend the administrative code of the city of New York, in relation to the creation of a citywide residential parking permit system

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 amended by adding a new section 19-175.6 to read as follows:

§19-175.6 Residential parking permit system. a. The department shall create and implement a citywide residential parking permit system, which fixes and requires the payment of fees for parking within the area in which such parking system is in effect, in accordance with the provisions of this section.

b.  In creating such residential parking system, the department shall:

1.  designate specific areas in which such parking system applies;

2.  provide the times of the day and days of the week during which permit requirements

shall be in effect; and

3.  make not less than twenty percent of all spaces within the permit area available to

non-residents and provide for short-term parking of not less than ninety minutes in duration in such area; and

4.  provide that motor vehicles registered pursuant to section 404-a of the

New York vehicle and traffic law be exempt from any permit requirement; and

5.  provide the schedule of fees to be paid for residential permits; and

6.  provide that such fees shall be credited to the general fund of the city of New York.

c.  Notwithstanding the provisions of this section, no such residential parking permit shall be required on streets where the adjacent properties are zoned for commercial, office and/or retail use.

§ 2.  This local law takes effect 120 days after it becomes law, provided that the department may take such measures necessary for the implementation of this local law, including the promulgation of rules, prior to such date.

This next proposal will shock and awe you

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the New York City police department from issuing a violation to a vehicle for illegally parking in a driveway without first confirming the legality of such driveway

By Council Members Holden, Ampry-Samuel, Yeger and Ulrich

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the New York City police department from issuing a violation to a vehicle for illegally parking in a driveway without first confirming the legality of such driveway

Be it enacted by the Council as follows:

Section 1. Title 14 of the administrative code of the city of New York is amended by adding a new section 14-176 to read as follows:

§14-176.  Parking Violations and Illegal Driveways.  The department shall not issue a violation to a vehicle for illegally parking in a driveway, pursuant to section 4-08 of title 34 of the rules of the city of new york unless an officer first confirms that such driveway was legally constructed or modified.

§2. This local law takes effect 6 months after it becomes law.

If you found it difficult to remove the driveway squatter, what Cop or Warrior will want to spend her valuable time researching the whether or not a driveway is a legal driveway before issuing a ticket. You got it. You may as well invite the driveway miscreant over for dinner.

Commentary

There’s no question that many of the members are concerned about parking ticket problems faced by the NYC driving public. But, it seems like so few laws or rules are actually passed.

Why? Is it the concern that an important revenue stream will dry up? Or, that the men and women of the NYC Council bike to work and are unfamiliar with the challenges faced by drivers trying the drive in NYC?

I think it is critical to pass some version of the school parking law. Parking is a nightmare around a school. At least when it is legal to park around the school, parents will have a way to know that school and school-related activities are not “in session.”