File #: Int 0501-2022    Version: * Name: Hazardous obstruction by vehicles and civilian complaints to the department of transportation for hazardous obstruction violations.
Type: Introduction Status: Committee
Committee: Committee on Transportation and Infrastructure
On agenda: 6/2/2022
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to hazardous obstruction by vehicles and civilian complaints to the department of transportation for hazardous obstruction violations
Sponsors: Lincoln Restler, Carlina Rivera , Christopher Marte, Shahana K. Hanif, Sandy Nurse, Alexa Avilés, Rita C. Joseph, Erik D. Bottcher, Julie Won, Chi A. Ossé, Robert F. Holden, Kristin Richardson Jordan, Gale A. Brewer, Ari Kagan, Jennifer Gutiérrez, Justin L. Brannan, Shekar Krishnan, Amanda Farías
Council Member Sponsors: 18
Summary: This bill would create a new violation and civil penalty for hazardous obstruction by a vehicle of a bicycle lane, bus lane when bus lane restrictions are in effect, sidewalk, crosswalk, or fire hydrant when such vehicle is located within a radial distance of 1,320 feet of a school building, entrance, or exit. The proposed legislation imposes a $175 penalty for each such violation. Such violations would be returnable to the Office of Administrative Trials and Hearings (OATH). The proposed legislation would require the Department of Transportation (DOT) to create a civilian reporting program where civilians may submit complaints and supporting evidence for alleged violations to DOT. Where DOT brings a proceeding before OATH using evidence or information submitted by a civilian complainant, OATH would award the complainant 25 percent of any proceeds collected as a result of such proceeding.
Indexes: Agency Rule-making Required, Report Required
Attachments: 1. Summary of Int. No. 501, 2. Int. No. 501, 3. June 2, 2022 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 6-2-22

Int. No. 501

By Council Members Restler, Rivera, Marte, Hanif, Nurse, Avilés, Joseph, Bottcher, Won, Ossé, Holden, Richardson Jordan, Brewer, Kagan, Gutiérrez, Brannan, Krishnan and Farías

 

A Local Law to amend the administrative code of the city of New York, in relation to hazardous obstruction by vehicles and civilian complaints to the department of transportation for hazardous obstruction violations

 

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 new sections 19-175.8 and 19-175.9 to read as follows:

§ 19-175.8 Hazardous obstruction. a. Except as otherwise permitted by law, no person shall park, stop or stand a vehicle within a radial distance of 1320 feet of a school building, entrance or exit in a manner that obstructs a bicycle lane, bus lane when bus lane restrictions are in effect, sidewalk, crosswalk or fire hydrant.

b. As an alternative to any other means of enforcement authorized by law, a violation of subdivision a of this section shall be punishable by a civil penalty of $175. Such civil penalties shall be recoverable in a proceeding before the office of administrative trials and hearings.

§ 19-175.9 Civilian complaint of hazardous obstruction. a. Any natural person, excluding personnel of the department and other employees of the city authorized to serve summonses for violations of section 19-175.8, may serve upon the department a complaint, in a form prescribed by the commissioner, alleging that a person has violated section 19-175.8.

b. The department shall publish on its website information on filing civilian complaints pursuant to this section. Such information shall include but need not be limited to instructions for filing such complaints and for gathering supporting documentation.

c. The department shall provide a tracking number to each person who submits a civilian complaint pursuant to subdivision a of this section which shall allow such person to track the status of such complaint from initiation to disposition. The department shall provide an initial status update for any such civilian complaint within three days of the submission of such complaint.

d. In any proceeding brought by the department based on a complaint submitted pursuant to subdivision a of this section, the office of administrative trials and hearings shall award the complainant 25 percent of any sums collected as a result of such proceeding.

e. No later than one year after the effective date of the local law that added this section, and annually thereafter, the commissioner shall submit to the speaker of the council and post on the department’s website a report including the number of complaints submitted pursuant to subdivision a of this section and the dispositions of such complaints.

f. The commissioner shall promulgate such rules as are necessary to implement the provisions of this section.

§ 2. This local law takes effect 120 days after becoming law.

 

 

 

Session 12:

BJR

LS 8654

4/25/22

 

Session 11:

NAB/CP

LS #15421

11/17/20