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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. This defense would apply when both sides of the sign are illegible and there are no other legible signs on the same blockface that apply to the same violation at the same parking space.

  • Enacted (Mayor's Desk for Signature)

History

City Council
Sent to Mayor by Council
City Council
Pass
Approved by Council
Committee on Transportation
Hearing Held by Committee
Committee on Transportation
Amendment Proposed by Comm
Committee on Transportation
Amended by Committee
Committee on Transportation
Pass
Approved by Committee
Committee on Transportation
Hearing Held by Committee
Committee on Transportation
Laid Over by Committee
City Council
Referred to Comm by Council
City Council
Introduced by Council

Int. No. 570-A

 

By Council Members Treyger, Holden, Yeger, Kallos, Cohen, Levin and Vallone

 

A Local Law to amend the administrative code of the city of New York, in relation to illegible parking signs

 

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 19-175.7 to read as follows:

§ 19-175.7 Illegible parking signs. 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, it shall be an affirmative defense to such violation, with the burden of proof on the vehicle owner charged with such notice of violation, that both sides of such sign were not legible. If there are other legible parking signs on the same blockface that apply to the parking space and parking violation at issue, such affirmative defense will not be available. The term “blockface” has the same meaning as set forth in section 19-167.4.

§ 2. This local law takes effect 90 days after it becomes law.

PLS/JJD

LS 6987/Int. 1201-2016

LS 960

7/15/19 2:10pm