Provides that in any proceeding alleging a muni-meter violation, it shall be an affirmative defense that the person summoned did in fact purchase muni-meter ticket prior to or contemporaneously with the issuance of the summons.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to muni-meter receipts
PURPOSE OR GENERAL IDEA OF BILL: Creates an affirmative defense for any person being prosecuted for an alleged muni-meter parking violation in the event the defendant can produce a muni-meter receipt issued contemporaneously or prior to the issuing of a summons.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the vehicle and traffic law by adding a new section 241-b which creates an affirmative defense for any person facing prosecution for an alleged muni-meter violation in the event the defendant can produce a muni-meter receipt issued prior to or up to five minutes after the issuing of a summons. The section also defines "muni-meter" for the purposes of the section.
Section 2 sets the effective date.
JUSTIFICATION: In recent years many municipalities across New York, including but not limited to New York City and Buffalo, have replaced conventional parking meters with new electronic parking meters that dispense timed receipts that must be displayed on the dashboard of a vehicle. While these new meters offer some convenience by accepting debit and credit cards in addition to cash they have also created a new problem for motorists. There have been numerous reported instances of predatory ticketing practices by traffic agents and unfair convictions by administrative law judges. One example is in some cases motorists need to walk down the block to find the nearest muni-meter, opening a window when a traffic agent can issue a summons before they even purchase their muni-meter receipt. These convictions have been successfully appealed in most instances but the process of appealing the case is daunting and can take months to resolve.
This bill would help put a stop to this dishonorable practice being utilized by traffic agents and reduce the unfair burden of appealing these convictions.
PRIOR LEGISLATIVE HISTORY: This is a new Bill.
FISCAL IMPLICATIONS: None to the State.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6727 IN SENATE March 14, 2012 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to muni-meter receipts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The vehicle and traffic law is amended by adding a new section 241-b to read as follows: S 241-B. MUNI-METER RECEIPTS; AFFIRMATIVE DEFENSE. IN ANY PROSECUTION OR PROCEEDING ALLEGING A MUNI-METER PARKING VIOLATION, IT SHALL BE AN AFFIRMATIVE DEFENSE TO SUCH VIOLATION, WITH THE BURDEN OF PROOF ON THE PERSON WHO RECEIVED THE SUMMONS, THAT HE OR SHE DID IN FACT PURCHASE A MUNI-METER TICKET PRIOR TO OR UP TO FIVE MINUTES THEREAFTER FROM THE ISSUANCE OF THE SUMMONS AND THAT THE RECEIPT IS VALID FOR USE AT THE LOCATION WHERE SUCH SUMMONS WAS ISSUED. SUCH DEFENSE SHALL BE DEEMED ESTABLISHED IF SUCH PERSON PRODUCES THE ACTUAL MUNI-METER RECEIPT OR A COPY THEREOF AT SUCH PROSECUTION OR PROCEEDING. FOR THE PURPOSES OF THIS SECTION, "MUNI-METER" SHALL MEAN AN ELECTRONIC PARKING METER THAT DISPENSES TIMED RECEIPTS THAT MUST BE DISPLAYED IN A CONSPICUOUS PLACE ON A VEHICLE'S DASHBOARD. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14586-04-2