3-Proposed NYC Laws You Need to Know

Last Updated on October 25, 2021 by Lawrence Berezin

Will these laws languish in committee, too?

I enjoy checking out new, proposed NYC laws. And I do so regularly. Meanwhile, I am always amazed at reading some of the bewildering laws that a councilperson should not have introduced in the first place. On the other hand, there are many thoughtful, proposed laws that I hope see the light of day.

I found a few proposed laws that piqued my interest in my recent visit to the NYC Council Legislation page. So, without further adieu, here are three proposed laws walking the red carpet for your education, enlightenment, and enjoyment.

What do you think about their prospects?

#1. NYC proposed laws impacting parking meters

Here’s a summary of the new laws

Here’s an online version of the current law

Here’s the full text of the proposed new NYC laws:

A Local Law to amend the administrative code of the city of New York, in relation to parking meters, and to repeal sections:

• 19-167 of such code, relating to suspending the activation of parking meters on Sundays;
• 19-167.1 of such code, relating to parking at broken or missing meters or muni-meters;
• 19-167.2 of such code, relating to the ttransfer of muni-meter time
• 19-167.3 of such code, relating to deactivating muni-meters
• 19-167.4 of such code, relating to new muni-meter installation
• 19-175.3 of such code, relating to notification of changes relating to parking meters
• 19-214 of such code, relating to failure to display a muni-meter receipt
• 19-215 of such code relating to cancellation of certain tickets

Be it enacted by the Council as follows:

     Section 1. Sections 19-167, 19-167.1, 19-167.2, 19-167.3, 19-167.4, 19-175.3. 19-214, 19-215 of the administrative code of the city of New York are REPEALED, and a new section 19-167 is added to read as follows:

§ 19-167 Parking meters.

a. Definitions. As used in this section, the following terms have the following meanings:

-Affected council member(s) and community board(s). The term “affected council member(s) and community board(s)” has the same meaning as set forth in section 19-101.2.

-Blockface. The term “blockface” means that portion of the street along the curb on one side of a street that is between the boundaries of the corner area at either end of the block.

-Credential. The term “credential” means any explicit approval from the department or other authorized agency to park at a parking meter or other location, including, but not limited to, a record of payment or valid parking permit.

-Parking field. The term “parking field” means any parking lot containing parking meters that is owned, operated and controlled by the city or its contractor and is available for public use. The term “parking field” does not include any parking lot operated by a city agency intended for exclusive use by such agency’s employees or by the public to conduct business with such agency.

-Parking meter. The term “parking meter” means a device which accepts payment or a credential, including, but not limited to a pay-and-display parking meter or a pay-by-plate parking meter. 

-Pay and display parking meter. The term “pay-and display parking meter” means an electronic parking meter that dispenses timed receipts that must be displayed on the dashboard of a motor vehicle or in a visible and secure place on a motorcycle; and

-Pay-by-plate parking meters. The term “pay-by-plate parking meter” means an electronic parking meter that requires entry of license plate information for proper registration of payment.

b. Suspension of parking meter activation on Sunday

Notwithstanding any other provision of law, no person parking a vehicle at a parking meter is required to activate such meter on a Sunday and no notice of violation or summons may be issued solely for the failure to activate such parking meter on a Sunday.

c. Deactivation of parking meters

The department shall program each parking meter to ensure that such parking meter is unable to accept payment:

1. from the last time in a day that parking meter rules are in effect for any parking space within the blockface or parking field of such parking meter, or for any other parking space within one hundred feet of such parking meter, until one hour prior to the next time meter rules take effect for any parking space within the blockface or parking field, or for any other parking space within one hundred feet of such parking meter; and

2. when such parking meter is not capable of producing receipts or lacks the functionality to track parking payments.

d. Parking at broken or missing parking meters.

If all parking meters in a parking field or on a blockface are missing or broken, a person shall be allowed to park in such parking field or on such blockface up to the maximum amount of time otherwise lawfully permitted by such parking meters in such controlled parking field or blockface.

Here’s the current, confusing verbiage about parking at a broken meter:

When a parking meter is out of service, it will flash a red light and the display message will read “machine out of order.” You must use a functional parking meter on the same block or the next block to purchase a parking receipt. In a parking field, purchase a parking receipt from the nearest meter to the broken one.

If all parking meters on the block, on the next block, or in the parking field are all broken or missing, New York City law allows you to park fro the maximum amount of time posted for that metered space. Make sure to document the date, time, and meter numbers in case you need to dispute a parking ticket

NYC 311 Parking Meters

e. Transferability of parking meter time.

Parking time may only be utilized on the blockface for which it was purchased. Transfer of parking time between blockfaces is prohibited.

f. Notification of changes involving parking meters.

1. New parking meter installation. Prior to the installation of new parking meters covering at least four contiguous blockfaces, the department shall forward notice of such installation to affected council member(s) and community board(s) by electronic mail.

(a) Within 10 business days after receipt of such notice: (i) the affected council member(s) may submit recommendations and/or comments regarding such notice to the department; and (ii) the affected community board(s) may either submit recommendations and/or comments regarding such notice, and/or request a presentation regarding such installation, which where practicable shall be made to such community board(s) within 30 days of such request.

(b) Any recommendations and/or comments received by the department pursuant to this subdivision shall be reviewed prior to the installation of such new parking meters.

2. Existing parking meter alterations. Prior to making changes to parking meter rates or replacing a parking meter with a different type of parking meter, the department shall provide at least 30 days written notice of such changes by regular first-class mail and electronic mail to the community board and council member in whose district the affected parking meters are or will be located and shall post such written notice on the department’s website. Such notice shall at a minimum provide the following information with regard to the changes:

(a) Parking rates. The notice shall include the proposed new rate, the location(s) of the meters affected by such rate change, and the earliest date such new rate will go into effect.

(b) Change in meter type. The notice shall include the location(s) where meters will be converted and the earliest date on which such converted meters will go into operation.

§ 2. Sections 19-214 and 19-215 of the administrative code of the city of New York are REPEALED.

§ 3. Section 19-213 of title 19 of the administrative code of the city of New York, as added by local law 82 for the year 2009, is amended to read as follows:

§ 19-213 Grace period; failure to purchase parking time and cancellation of certain tickets.

a. [For the purposes of this section, the term “munimeter receipt” shall mean the receipt showing the amount of parking time purchased that is dispensed by an electronic parking meter and must be displayed in a conspicuous place on a vehicle’s dashboard.] Definitions. As used in this section, the following terms have the following meanings:

-Agent. The term “agent” means any person employed by the city of New York authorized to issue a notice of violation for parking violations.

-Parking meter. The term “parking meter” means a device which accepts payment or a credential that authorizes vehicle parking time, including, but not limited to, a pay-and-display parking meter or a pay-by-plate parking meter. 

 -Pay-and-display parking meter. The term “pay-and-display parking meter” means an electronic parking meter that dispenses timed receipts that must be displayed on the dashboard of a motor vehicle or in a visible and secure place on a motorcycle.

-Pay-by-plate parking meter. The term “pay-by-plate parking meter” means an electronic parking meter that requires entry of license plate information for proper registration of payment.

b. Grace period. No notice of violation shall be issued for allegedly parking in excess of the [allotted] parking time [displayed on a munimeter receipt] purchased or longer than the time period allowed by a sign posted by the department until five minutes after the time that such a violation occurs.

c. failure to purchase parking time. Notwithstanding any rule or regulation to the contrary, and subject to the provisions of the vehicle and traffic law, where a notice of violation was issued to an owner or operator of a vehicle for the failure to purchase parking time, it shall be an affirmative defense to such violation that such owner or operator purchased parking time for the time such notice of violation was issued or up to five minutes thereafter from a parking meter at the location such notice of violation was issued. Evidence in support of the affirmative defense shall be the presentation, in person or by mail, of a valid payment receipt for the time such notice of violation was issued or for up to five minutes thereafter or other suitable evidence, as determined by the hearing officer, that such parking time was purchased.

d. Cancellation of certain tickets. 1. Any agent who issues a notice of violation by electronic means for failure to pay the parking charge required at a pay-and-display parking meter shall cancel such notice of violation when, not later than five minutes after the issuance of such notice, such agent is shown a valid payment receipt with an official start time indicated and such start time is no later than five minutes after the time of the issuance of such notice. The electronic copy of such canceled notice shall be marked “valid receipt shown; ticket canceled” and shall include the number of such payment receipt shown. The electronic parking meter system shall be programmed to prohibit such notice from being canceled later than five minutes after the issuance of such notice.

2. If an agent has issued a notice of violation by electronic means for failure to pay the parking charge required at a pay-by-plate parking meter, and parking time is purchased for such vehicle for the blockface where the vehicle is located not more than five minutes after the notice of violation was issued, such notice of violation shall be canceled automatically by the electronic parking meter system.

§ 4. This local law takes effect 60 days after it becomes law.

#2. NYC proposed laws prohibiting saving parking spaces, and continuous parking

Here’s a link to a summary of the new law

Here’s a full text of the new law

By Council Members Holden and Yeger

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the use of a vehicle to reserve a parking space and prohibiting the continuous parking of a vehicle in the same location for more than five consecutive days

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 19-175.8 to read as follows:

§ 19-175.8 Restrictions on parking.

a. Prohibiting the use of a vehicle to reserve a parking space. Notwithstanding any rule or regulation to the contrary, a person shall not use a vehicle to reserve or attempt to reserve a parking space or to prevent a vehicle from parking on a public street, except as otherwise permitted by law. A person found to be in violation of this subdivision shall be liable for a civil penalty of $95 for each violation.

b. Prohibiting the parking of a vehicle for more than five consecutive days. When parking is not otherwise restricted, a person shall not continuously park a vehicle in the same location on a public street or roadway in any area, including a residential area, for more than five consecutive days.

c. Outreach. Beginning no later than the effective date of this local law, and continuing for 90 days thereafter, the commissioner, in collaboration with relevant agencies and relevant stakeholders, shall conduct culturally appropriate outreach in the designated citywide languages, as defined in section 23-1101, to alert vehicle owners and relevant stakeholders to the parking restrictions established by subdivisions a and b. Such outreach shall include, but need not be limited to, posting information on relevant agency websites.

c. The commissioner shall promulgate rules necessary and appropriate to the administration of this section.

§ 2. This local law takes effect 90 days after it becomes law, except that the commissioner of transportation shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.

#3 Resolving conflicts between pavement markings and parking sign

Here’s the full text

By Council Members Koo and Yeger

A Local Law to amend the administrative code of the city of New York, in relation to parking violations issued for the failure to observe a parking sign where pavement markings designate a parking space

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 19-175.8 to read as follows:

§ 19-175.8 Failure to observe a parking sign where pavement markings designate a parking space.

a. Affirmative defense. Notwithstanding any rule or regulation to the contrary, it shall be an affirmative defense to a notice of violation for the failure to observe a parking sign, with the burden of proof on the vehicle owner, that pavement markings on the roadway designated parking space.

b. Exceptions. Such affirmative defense shall not be available to a vehicle owner where:

1. The department installed a physical barrier in the parking space to designate no parking; or

2. Pavement markings designate a parking space but street signs limit:

(a) The times when parking is authorized; or

(b) The type of vehicle authorized to park in such parking space.

c. Outreach. Beginning no later than the effective date of this local law, and continuing for 90 days thereafter, the commissioner, in collaboration with relevant agencies and relevant stakeholders, shall conduct culturally appropriate outreach in the designated citywide languages, as defined in section 23-1101, to alert vehicle owners to the affirmative defense established by subdivision a. Such outreach shall include, but need not be limited to, posting information on relevant agency websites and distributing information to vehicle owners and relevant stakeholders.

d. The commissioner shall promulgate rules necessary and appropriate to the administration of this section.

§ 2. This local law takes effect 90 days after it becomes law.

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