Int. No. 1017-A

By Council Member Felder, Gentile, Fidler, James, Mealy, Nelson, Palma, Seabrook, Stewart, Weprin, Gerson, Vacca, White Jr., Liu, de Blasio, Dickens, Vallone Jr., Eugene, Gennaro, Koppell and Recchia Jr.

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

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 19-175.2 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 notice, in the affected areas, indicating the effective date of such change.  An owner of a motor vehicle parked in the affected areas who receives a notice of a parking violation that occurred within five days of 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.

b.  Before the department makes temporary parking restriction changes to conduct road repairs, it shall post notice of the effective date of such restrictions as soon as practicable.  Such notice shall state that no notice of violations shall be issued for violations of such temporary parking restrictions and that if an owner’s motor vehicle is missing from the affected streets, the motor vehicle may have been towed and the motor vehicle owner should contact the local police precinct for information about the location of such motor vehicle.

c.  Following the issuance by the office of the mayor of a permit that authorizes filming and/or related activity and that provides special parking privileges or the temporary suspension of parking restrictions, the party to whom the permit is issued shall post notice of such parking restriction changes immediately in the affected areas.  Such notice shall, at a minimum, state the temporary change in the parking restrictions, the date on which such change will take effect, that no notice of violations shall be issued for violations of the temporary parking restrictions and that if an owner’s motor vehicle is missing from the affected streets, the motor vehicle may have been towed and the motor vehicle owner should contact the local police precinct for information about the location of such motor vehicle.

d.  Following the issuance by the office of the mayor of a permit that authorizes a sponsor to conduct a street fair or parade and that provides special parking privileges or the temporary suspension of parking restrictions, the sponsor shall post notice of such parking restriction changes on a form provided by the office of the mayor, in the affected areas, at least seven days prior to the date on which such change will take effect.  Such notice shall, at a minimum, state the temporary change in the parking restrictions and the date the change will take effect.

e.  Nothing in this section shall be construed to require the department or any applicable city agency to provide notice of temporary parking restriction changes when required to preserve public safety.

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

MEA

LS 7378

11.6.09 - 3:15 pm