Resolution calling on the State legislature to increase the cap on commercial overnight fines for cities.

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Res. No. 114 ..Title Resolution calling on the State legislature to increase the cap on commercial overnight fines for cities. ..Body By Council Members Holden, Yeger, Dinowitz and Ung Whereas, As one of the most densely populated cities in the Country, New York City is in a constant struggle to balance the sometimes competing needs of residents and businesses; and Whereas, This is especially true when allocating street spaces for parking; and Whereas, One approach has been to set time and place restrictions on where commercial vehicles can idle or park; and Whereas, Generally speaking, commercial vehicles are prohibited from parking on a street for more than three hours; and Whereas, It is also illegal for commercial vehicles to park overnight on residential streets between 9pm and 5am; and Whereas, The fines for violating these parking rules are determined by the City; and Whereas, However, under the State Vehicle and Traffic Law, the maximum amount the City can set for such violations is capped; and Whereas, This can mean that the fines do not act as an effective deterrent and may simply be absorbed as the cost of doing business; and Whereas, In fact, in 2021 there were almost 27,000 complaints made through 311 about illegal overnight parking of commercial vehicles, according to NYC OpenData; and Whereas, Local police precincts will sometimes conduct sweeps where specialized tow trucks are brought in to remove large commercial trucks; and Whereas, However, there are only six of these tow trucks to serve the whole City and finding space for the violating vehicles is difficult; and Whereas, The New York State Legislature is considering some measures to address this ongoing problem; and Whereas, S.3259, which was introduced in January of 2021 by Senator Leroy Comrie, seeks to increase the fines for overnight parking on New York City residential streets of tractor-trailer combinations, tractors, truck trailers and semi-trailers on residential streets in the city of New York; and Whereas, S.3259 would increase the fine for an initial violation from $250 to $400 and a subsequent violation, within a six month period, would be charged at $800, up from $500; and Whereas, S.3258, which was introduced in January of 2021 by Senator Comrie, also seeks to deter illegal parking; and Whereas, Under this bill, a person responsible for a trailer or semitrailer that is left parked or unattended in an area like New York City, would be fined $1,000; and Whereas, While these bills could help decrease the impact of illegal overnight parking, they only relate to illegal parking by certain types of trucks and do not address all types of commercial vehicles; and Whereas, To address the chronic problem of overnight parking by commercial vehicles, more comprehensive state legislation needs to be introduced and passed; and Whereas, Residents of New York City should not have to tolerate commercial vehicles appropriating all of the street parking in their residential neighborhoods; and Whereas, The City should have the authority to increase the maximum fines for these types of violations so they serve as an effective deterrent; and Whereas, At the moment, the capped fines are minimal enough to be factored in as a cost of doing business; now, therefore, be it Resolved, That the Council of the City of New York calls on the State legislature to increase the cap on commercial overnight fines for cities. Session 12 RA LS #3281 3/28/2022 Session 11 LMS LS #12264 Res. #1186-2019

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