Last Updated on June 27, 2023 by Lawrence Berezin
NYC street cleaning is back in the news
A new sheriff in Parking Ticket Land, armed with a cash register instead of a broom, seeks to eliminate dirt from the streets of NYC. Likewise, the target is drivers who don’t comply with the official law on street cleaning days.
Meanwhile, the sheriff’s threat is to penalize drivers as follows harshly:
- $65 fine for their first street cleaning violation
- $100 penalty for their second street cleaning violation in 12 months
- And a $100 fine for all subsequent street cleaning violations, plus a tow
I can’t think of a worse way to clean up NYC streets, can you?
More about making NYC street cleaning worse.
Here’s the proposed law:
| Title: A Local Law to amend the administrative code of the City of New York in relation to establishing penalties for alternate side parking violations and requiring towing of certain vehicles in violation of alternate side parking rules. |
| Summary: The bill would establish penalties for alternate side parking violations at $65 for an initial violation and $100 for subsequent violations in a 12-month period. Additionally, the bill would require the towing of a vehicle found parked in violation of alternate side parking rules if such vehicle has previously been in violation three or more times within the same 12-month period. |
Int. No. 1115
By Council Members Restler and Bottcher
A Local Law to amend the administrative code of the city of New York in relation to establishing penalties for alternate side parking violations and requiring towing of certain vehicles in violation of alternate side parking rules.
Be it enacted by the Council as follows:
Section 1. Chapter 2 of Title 19 of the administrative code of the city of New York is amended by adding a new section 19-217 to read as follows:
§ 19-217 Alternate side parking violations. The penalty for parking in violation of officially posted street cleaning rules shall be $65 for the first violation within a 12-month period and $100 for any subsequent violations within the same 12-month period. After the issuance of at least 3 violations for parking the same vehicle in violation of officially posted street cleaning rules in any 12-month period, the police department shall tow such vehicle, or cause such vehicle to be towed, if it is found parked in violation of officially posted street-cleaning rules within the same 12-month period.
§ 2. This local law takes effect 60 days after it becomes law.
The early feedback
Here are some reactions to the proposed street cleaning penalties.
“It’s a never-ending racket to take money from people,” said Moses Ortiz, a doorman from the South Bronx. “Driving in the city is out of control. Even with the subways as bad as they are, it doesn’t make sense to drive. Alternate-side [parking] is a scam. It’s a city scam. It’s horrible. Sometimes they don’t come by and clean.”
Jackie Sterling, 49, of the Upper West Side, called the bill “horrible” and said it would further put the squeeze on New Yorkers struggling to get by.
“The city is looking for ways to raise more money. There are already budget cuts that affect social services,” she said. “I understand that there are a lot [of] rich people in this neighborhood. Don’t be fooled by that because there’s no longer a middle class. There’s a large majority of people who do not make that. They’re making just enough to get by.” [ Source: Daily News].
Sir, why will these draconian penalties work?
Here’s what the sponsor had to say:
Restler said he hopes that upping the ante on fines will serve as a deterrent to motorists who view getting a ticket as less costly than paying the monthly fee for off-street parking.
“There are far too many people who have decided that paying $600, $800 a month for off-street parking is too damn much, and they’d rather pay the tickets for alternate-side parking,” the Brooklyn Democrat said. “And $65 is not enough of a deterrent for bad behavior.”
And more from the sponsor
“We need to crack down on people who are not complying with alternate-side parking. This is the way to do it,” he said.
Alternate-side-parking rules have been in place for years to give the city Sanitation Department the ability to sweep streets on a regular basis.
Last year, the city received 12,000 complaints for inadequate street sweeping, according to Restler, who noted that those complaints and less formal gripes from constituents led him to draft the bill.
NYC street cleaning by the numbers and images
8.45 million.
1.95 million.
32,000.
1-5 times per week.
170, 735.
Might there be other significant factors contributing to dirty neighborhoods?
Of course! Here’s a report prepared by the NYC Mayor’s Office of Operations
NYC uses a scorecard method for evaluating the cleanliness of the streets. Most importantly, this method has come under some harsh criticism. See, “Mayor Adams’ office says less than 2% of NYC streets are filthy, baffling New Yorkers,” Gothamist, by Sophia Chang, Published Oct 27, 2022.
John Smith: “Yeah, if you exclude the trash bags, sure, the streets are clean.”
Commentary
I’m speechless. Nah!
But, I am afraid that I disagree with the sponsor’s strategy for cleaner streets. That is to say, I can’t imagine any New Yorker who has danced the street cleaning polka to recommend increasing the penalties for street cleaning violations and adding a tow for good measure.
Where to begin?
How about the suggestion that the “increased fines will act as a deterrent to bad behavior?“
In most instances, warriors and cops turn the other cheek when they find drivers sitting in their cars, ready to move, when they see the sweeper arrive on their block. Does the sponsor think by adding draconian penalties, warriors and cops will stop turning the other cheek and issue more street cleaning violations? Or will they be less likely to inflict these excessive, costly fines? Are they really going to call for Captain Hook to tow a vehicle with the owner sitting behind the wheel?
I’ve wondered why parking a passenger vehicle near a fire hydrant is safe if a licensed driver remains seated behind the wheel, ready to move if a fire hydrant approaches. And likewise, it’s not safe for a driver to double park on the unrestricted side of the street waiting for the sweeper on street cleaning days.
Meanwhile, double parking on the unrestricted side of the street is not a street cleaning violation. It’s $115 and wouldn’t be covered by the proposed law as written.
Next, I’m wondering where off-street parking garages are located in District 33. Are you suggesting that people that own cars find off-street parking and walk home each night from the garage? Or, get up early enough to walk to the garage on street cleaning mornings?
Street cleaning complaints
Are 12,000 complaints for inadequate street cleaning a lot? Not in a City with 32,000 streets and 1-5 street cleaning days per week.
What about the environment?
Driving around looking for vacant parking spaces on street cleaning days is not an environmentally friendly activity.
Read more about the “why?”
“There are far too many people who have decided that paying $600, $800 a month for off-street parking is too damn much, and they’d rather pay the tickets for alternate-side parking.”
Meanwhile, most drivers comply with street cleaning rules and move their cars. Or follow the custom in their neighborhood about “sitting and moving” when the sweeper shows up. Mistakes happen, and a $65 reminder is sufficient. There is no need to braveheart a driver with these excessive penalties.
Keep reading
That is to say, owning a car in NYC is not a luxury. It is far too expensive. Meanwhile, most people who own cars need them for transportation and not for a Sunday drive in the park with George. Or, why else would they assume the cost of:
- Gasoline
- Parking
- Auto insurance
- And the frustration of finding a vacant parking space
Punishing drivers for owning a car is way too harsh for my blood. But, if this law ever sees the light of day, the unintended consequence will be for more people to leave this wonderful city.
Almost done
Meanwhile, I shared a client’s story with the transportation committee during my appearance in 2011. My client was a single mom trying to make ends meet but was finding the street cleaning polka difficult to perform twice a week and had no choice but to move out of NYC. She loved the city by needed her car to get to work.
[Larry’s disclaimer: I practiced law for 35 years and have been an advocate for the NYC driving community for 16 years. Moreover, I published more than 800 articles about parking rules and regulations, answered thousands of questions about parking in NYC, and beat hundreds of unjust parking tickets.
Most importantly, my mission has been to educate all NYC drivers about how to park safely—but encouraged them to fight when they receive an unjust parking ticket.
Due to these circumstances, I have earned the right to comment on this proposed street cleaning law on steroids].
What do you think about this proposed law?
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Just in case this draconian street cleaning law passes, you’re not going to have any money left for misunderstanding all the other confusing NYC parking signs.
But, even if the proposed law doesn’t pass, it’s a good idea to be clear on the meaning of the redesigned parking signs. Don’t you agree?
If so, here’s a guide to help you understand the confusing parking signs. By the way, have I told you the guide is free?
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