Announcing Parking Ticket Legislation on the Agenda for 2018

Last Updated on February 20, 2018 by Lawrence Berezin

Parking ticket legislation waiting for action by the NYC Council

There is plenty of parking ticket legislation that waits patiently for passage but sadly, never sees the light of day. Who can forget bills that would have:

• Eliminated parking fees between 7 pm and 8 am
• Permitted commercial vehicles to stop, stand, or park within 15 feet of a fire hydrant as long as a licensed driver remains behind the wheel (now only passenger vehicles can)
• Allowed all vehicles to stop, stand, or park within 15 feet of a fire hydrant between dusk until dawn as long as a licensed driver remains behind the wheel
• Suspending parking meters for Black Friday
• Painting curbs all different colors to warn motorists of potential parking violations

None of these bills have had their moment in the NYC sun.

Here are some interesting bills that are in the on-deck circle waiting for news of their enactment.

1.A Local Law to amend the administrative code of the city of New York, to the removal of motor vehicles to satisfy parking violations

This bill would increase the monetary threshold for the removal of motor vehicles for the purposes of satisfying parking violation judgments from $350 to $500 dollars. It would also allow motor vehicles to be removed for the purpose of satisfying parking violation judgments where there are more than five parking violations.

Be it enacted by the Council as follows:

Section 1.  Section 19-212 of the administrative code of the city of New York is amended to read as follows:

§19-212 Limitation on the removal of motor vehicles for purposes of satisfying parking violation judgments.  Notwithstanding any other provision of law, a motor vehicle shall not be removed from any street or other public areas solely for the purpose of satisfying an outstanding judgment or judgments for parking violations against the owner unless the total amount of such judgment or judgments, including interest, is greater than [three hundred fifty] five hundred dollars, or such judgments exceed five parking violations.  The provisions of this section shall not be construed to prohibit the removal of a motor vehicle which is illegally parked, stopped or standing.

§2.  This local law shall take effect thirty days after it is enacted into law.

Commentary

What can be bad? This piece of parking ticket legislation is about raising the threshold for a sheriff or Marshall tow from $350 to $500? But, the Evil Empire tacked on the right to tow a vehicle if there are more than five parking violations in judgment. There are so many ways to get your vehicle towed or registration suspended my head is spinning. But, my number one grotesque practice is still a boot and tow two hours later for the same parking violation.

Park safely, my friend.

2.A Local Law to amend the administrative code of the city of New York, to temporary parking restriction permits

This bill would require that any temporary parking restriction permits related to building construction be limited to the hours between 7 a.m. and 6 p.m., when building construction is authorized, and if an after-hours variance permit is obtained from the Department of Buildings, during the hours specified in the after-hours variance permit. The bill would also require permittees to post such temporary parking restriction at least 48 hours before it takes effect.

Be it enacted by the Council as follows:

§ 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, prior to such effective date.Section 1. Subchapter 1 of chapter 1 of title 19 of the administrative code of the city of New York is amended by adding a new section 19-103.1 to read as follows:

§ 19-103.1 Permits related to temporary parking restrictions. a. Notwithstanding any other local law or rule, the commissioner may issue temporary parking restriction permits, provided, however, that any temporary parking restriction permit related to building construction may only be in effect from 7 a.m. to 6 p.m., and if an after-hours variance permit is obtained from the department of buildings, during the hours specified in such variance permit. The permittee shall be responsible for posting such temporary parking restriction at least 48 hours before such temporary parking restriction takes effect.

Commentary

I love consistency, something that is missing in the administration of parking ticket justice. Construction restriction starts at 7 am and ends at 6 pm, in time to let the construction men and women get home in time for dinner.

I like it.

3.A Local Law to amend the administrative code of the city of New York, to notification of changes to parking and traffic restrictions

A Local Law to amend the administrative code of the city of New York, in relation to notification of changes to parking and traffic restrictions

Be it enacted by the Council as follows:

Section 1. Subdivision a of section 19-175.2 of the administrative code of the city of New York is amended to read as follows:

§ 19-175.2 Notification of changes in parking restrictions.

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. Such notice shall contain the word “new” in capital letters, shall be on conventional signage and shall remain in place for at least 30 days. For purposes of this section, conventional signage is defined as a mounted metal sign. An owner of a motor vehicle parked in the affected areas who receives a notice of a parking violation that occurred within [five] seven 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]. The department shall provide an option to receive email updates related to new parking restrictions on the email updates webpage on the department’s website.

§ 2. 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 Notification of changes in traffic restrictions.

a. Following any permanent change in traffic restrictions adopted by the department, the department shall post a notice in the affected areas. Such notice shall contain the word “new” in capital letters, shall be on conventional signage and shall remain in place for at least 30 days. For purposes of this section, conventional signage is defined as a mounted metal sign.

b. The commissioner shall reflect new traffic restrictions on the departmental website containing parking restrictions as required by section 19-175.1.

c. The department shall provide an option to receive email updates related to new traffic restrictions on the email updates webpage on the department’s website.

§ 3. This local law takes effect 90 days after it becomes law; provided, however, the commissioner of transportation shall take all actions necessary for its implementation, including the promulgation of rules, before such date.

Commentary

Here’s what I love. The DOT is going to tell you the date the “new” parking sign was installed. Currently, you have to make a FOIL request to learn the date the “new” sign was installed, which will take longer than the 30-days you are allowed to dispute or pay without a $10 penalty.

4.A Local Law to amend the administrative code of the city of New York, to reducing the maximum time commercial vehicles may park

A Local Law to amend the administrative code of the city of New York, in relation to reducing the maximum time commercial vehicles may park. The proposed legislation would require limiting commercial parking to no more than 90 minutes.

Be it enacted by the Council as follows:

Section 1. Subdivision a of section 19-170 of the administrative code of the city of New York, as added by local law 25 of 1988 and amended by chapter 458 of the laws of 2010, is amended to read as follows:

a.   When parking is not otherwise restricted, no person shall park a commercial vehicle in excess of [three hours] 90 minutes. For purposes of this section, the term commercial vehicle shall mean a motor vehicle designed, maintained, or used primarily for the transportation of property.

§ 2.  This local law takes effect in 120 days.

Commentary

C’mon man. Give commercial vehicles a chance to make a living making deliveries or service calls in NYC.

5.A Local Law to amend the administrative code of the city of New York, in relation to establishing a carsharing parking pilot program

A Local Law to amend the administrative code of the city of New York, in relation to establishing a carsharing parking pilot program. The bill would require the Department of Transportation (DOT) to establish a pilot program that will provide carsharing organizations with dedicated parking spaces. DOT would be required to report to the Council on the results of the pilot, including its impact on the driving and car-ownership habits of drivers, and the participating carsharing companies would have to cooperate with DOT by sharing any data requested.

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 19-175.5 to read as follows:

§ 19-175.5 Carsharing parking pilot program. a. Definitions. For the purposes of this section, the following terms have the following meanings:

Carsharing organization. The term “carsharing organization” means an organization that operates a program in which access to a fleet of private vehicles is provided to members of the organization on an hourly or other short-term basis.

Carsharing vehicle. The term “carsharing vehicle” means a vehicle used by a carsharing member that is owned or leased and registered by a carsharing organization.

Designated parking space. The term “designated parking space” means a location that the department reserves for the exclusive use of a carsharing vehicle.

b. The department shall establish a carsharing parking pilot program that allows qualified carsharing organizations, as determined by the department, to apply for designated parking spaces on streets. Carsharing organizations shall provide any information requested by the department relating to their application to participate in such pilot program. Such pilot program shall have a duration of no less than two years unless the department terminates or suspends the program on an earlier date; provided, however, the department shall notify the speaker of the council of such termination or suspension within seven days of such action and the reasons for such action.

c. As part of such pilot program, the department shall evaluate the impact of the program on the driving and car ownership habits of drivers who use carsharing vehicles that occupy parking spaces designated in connection with the pilot program. Carsharing organizations shall provide any information requested by the department relating to their operations undertaken in connection with their participation in the program.

d. No later than October 1, 2018 and each April 1 thereafter, until the completion of such pilot, the department shall submit a report to the speaker of the council regarding the progress of carsharing parking pilot program established pursuant to this section, which shall include, but need not be limited to: (i) the number of carsharing organizations that have applied, and the number of such organizations that have been accepted by the department, to participate in the pilot program; (ii) the number and locations of parking spaces designated for inclusion in the pilot program; (iii) a summary of any findings reached pursuant to subdivision c of this section; and (iv) for the report submitted no later than April 1, 2020, whether the department intends to implement a permanent carsharing parking program.

§ 2. This local law takes effect 90 days after it becomes law, except that the commissioner may take such actions as are necessary for the implementation of this local law, including the promulgation of rules, prior to such date.

Commentary

I would love to hear from a driver that relies on those parking spaces that will be reserved for carsharing.

Commentary

I can’t resist sharing these two laws that never saw the light of day:

-This bill will amend Section 19-207 of the administrative code of the City of New York by adding a new subdivision c to require a one hundred-dollar payment to a motorist or vehicle owner when a hearing officer determines that a parking violation summons was erroneously issued due to no fault of the person receiving such summons and is dismissed

-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.

Park safely,

Larry