File #: Int 2367-2021    Version: * Name: Parking violations issued for the failure to observe a parking sign where pavement markings designate a parking space.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Transportation
On agenda: 7/29/2021
Enactment date: Law number:
Title: 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
Sponsors: Peter A. Koo, Kalman Yeger
Council Member Sponsors: 2
Summary: This bill would create an affirmative defense to parking violations issued to vehicle owners for the failure to observe a parking sign. The defense would apply when pavement markings on the roadway designate a parking space. Such affirmative defense would not be available if Department of Transportation (DOT) installed a physical barrier in the parking space to designate no parking or where pavement markings designate a parking space, but street signs limit the times when parking is authorized or the type of vehicle authorized to park in such parking space. This bill would also require DOT to notify vehicle owners of such affirmative defense.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 2367, 2. Int. No. 2367, 3. July 29, 2021 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 7-29-21, 5. Minutes of the Stated Meeting - July 29, 2021

Int. No. 2367

 

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 a 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.

 

 

 

 

NLB

LS #16287                     

7/9/21