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This bill would create an affirmative defense to parking violations issued to motorists who inadvertently park their cars in spots restricted by illegible parking signs. The defense of illegibility would protect motorists from unfair sanctions and possibly also serve as an incentive to replace or repair such illegible parking signs.

  • Filed (End of Session)

History

City Council
Filed (End of Session)
City Council
Referred to Comm by Council
City Council
Introduced by Council

Int. No. 1201

 

By Council Members Treyger, Greenfield, Grodenchik, Rose, Richards, Deutsch, Gentile, Mendez, Constantinides and Borelli

 

A Local Law to amend the administrative code of the city of New York, in relation to waiving parking violations when a parking sign is illegible.

 

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 19-175.5 to read as follows:

§ 19-175.5 Illegible parking signs. a. Notwithstanding any rule or regulation to the contrary, when a notice of violation is issued to an owner of a vehicle for failure to observe a parking sign that is not sufficiently legible to an ordinarily observant person at the time and place of the alleged violation, such illegibility constitutes an affirmative defense to the notice of violation.

b. The affirmative defense of illegibility is provable through photographic or other suitable evidence as determined by the hearing officer, hearing examiner, or other appropriate adjudicatory authority.

                     § 2. This local law takes effect immediately.

 

PLS

LS #6987

05/20/16