Amazing Parking Ticket Laws are Pending in NYC City Council

Last Updated on January 6, 2018 by Lawrence Berezin

Will the NYC City Council pass these new parking ticket laws?

Here are two of the parking ticket laws pending in the NYC Council:

1.A Local Law to amend the administrative code of the city of New York, in relation to requiring photographs to be included with certain notices of violation for parking violations.

Be it enacted by the Council as follows:

Section 1.  Subdivision ‘a’ of section 19-204 of the administrative code of the city of New York is amended to read as follows:

a. The notice of violation shall contain information advising the person charged of the manner and the time in which he or she may plead either guilty or not guilty to the charge alleged in the notice.  Such notice of violation shall also contain a warning to advise the person charged that failure to plead in the manner and time provided shall be deemed, for all purposes, an admission of liability and that default judgment may be rendered.  Commencing January 1, 2012, and concluding December 31, 2012, in one or more community districts designated by the department, there shall be a pilot program regarding the use of photographs with certain violations as indicated below.  During the time and at the location of such pilot, notices of violations alleging stopping, standing or parking in bus stops, in handicapped zones, in bicycle lanes, in crosswalks, on sidewalks, closer than fifteen feet to a fire hydrant, on the roadway side of a vehicle, stopped, standing or parked at the curb, or alleging failure to display a required document or license plate, shall also contain a photograph evidencing the alleged violation.  The form and wording of the notice of violation shall be prescribed by the director.  A copy of each notice of violation served shall be filed and retained by the bureau, and shall be deemed a record kept in the ordinary course of business, and shall be prima facie evidence of the facts contained therein.

§2.  This local law shall take effect ninety days after its enactment.

Status: Transportation Committee hearing held on June 22, 2011

[alert type=”success” icon-size=”normal”]Proposed change in muni-meter parking ticket laws[/alert]

A Local Law to amend the administrative code of the city of New York, in relation to requiring the Department of Finance to dismiss parking violations issued for the failure to display a muni-meter receipt if the driver provides a valid receipt from the time the ticket was issued.

Be it enacted by the Council as follows:

Section 1. Chapter 1 of title 19 of the administrative code of the city of New York is amended by adding a new section 19-167.2 to read as follows:

§19-167.2  a.  Failure to display a muni-meter receipt.  For purposes of this section, the term “muni-meter” shall mean an electronic parking meter that dispenses timed receipts that must be displayed in a conspicuous place on a vehicle’s dashboard.

b. Notwithstanding any rule or regulation to the contrary, but subject to the provisions of the vehicle and traffic law, in cases where a notice of violation was issued to an owner of a vehicle for the failure to display a muni-meter receipt reflecting the period of parking time purchased for such vehicle,  the presentation, in person or by mail, of a valid receipt  from  the  time the ticket was issued, or other suitable evidence as determined by the hearing officer or hearing examiner, shall be an affirmative defense to such notice of violation.

§2. This local law shall take effect immediately.

Status: Pending in Transportation Committee

Commentary

I’m not in favor of requiring a Warrior to take photographs of an alleged violation of all the above parking tickets. What will the photograph show? I can see the value of a photo for defense claims that it was not your car parked at an alleged place of occurrence, and for defending against an alleged fire hydrant violation for parking too close to a pump.

The big but is what about the other parking tickets listed above. How will it help the driving public prove a defense?

I absolutely love the muni-meter proposed change whereby a parking ticket for failure to display a muni-meter receipt will be dismissed upon submission of a muni-meter receipt showing parking was paid at the time the ticket was issued.

The driving public will no longer have to claim a strong wind from slamming a door shut caused the Flying Willendas muni-meter receipt to do a mid-air somersault, and land face-down on the dashboard.

I’m keeping my arthritic, old fingers crossed for the passage of this bill.

What do you think? For or against?

Winds of Change music video by The Scorpions