Res. No. 707
Resolution calling upon the New York State Legislature to pass, and the Governor to sign S.8756-A/A.8902-C, authorizing the city of New York to install and operate street cleaning camera systems for the purpose of enforcing street cleaning parking rules.
By Council Members Brewer, Schulman and Narcisse
Whereas, New York City’s alternate side parking (ASP) regulations, which cover the majority of residential streets, require cars to be moved from each side of the street to allow for the passage of street sweeping vehicles, twice per week for 90 minutes at a time; and
Whereas, Prior to rules changes in 1954 essentially eliminating time limits for non-commercial vehicles parked in residential spots, cars in New York City were only allowed to park curbside in one hour intervals during the day and evening, and for 3 hour intervals after midnight, though illegal overnight parking was rampant; and
Whereas, Cars parking for extended periods at the curbside trapped debris underneath and between vehicles, while making street cleaning operations more difficult to complete efficiently, leading to an increasingly dirty streetscape; and
Whereas, In order to address deteriorating street cleanliness, an ASP pilot program was enacted in 1950, encompassing approximately 90 blocks of Manhattan’s Lower East Side, and eventually expanding to parts of most neighborhoods across New York City when the program was found to be effective at reducing accumulated debris trapped around parked cars; and
Whereas, While street cleaning vehicles effectively remove debris and litter from roadways, drivers who refuse to move their cars for alternate side parking hours can prevent sweepers from cleaning portions of their route, causing debris that would otherwise have been removed to be left behind; and
Whereas, Litter left on the roadbed can clog storm drains during rain events, leading to and worsening pluvial flooding, as was seen in the aftermath of 2021’s Tropical Storm Ida, when obstructed catch basins contributed to widespread flash flooding in neighborhoods such as Bushwick in Brooklyn; and
Whereas, S.8756-A, sponsored by State Senator Robert Jackson, and companion bill A.8902-C, sponsored by Assembly Member Brian A. Cunningham, would authorize New York City to establish a demonstration program empowering the New York City Department of Sanitation (DSNY) to install street cleaning photo devices on street cleaning vehicles, for the purpose of imposing fines on vehicle owners and operators who fail to comply with ASP regulations; and
Whereas, A street cleaning photo device (camera) would be defined as a device that is mounted on a street cleaning vehicle, is capable of operating independently of an enforcement officer, and produces one or more images of a vehicle at the time of violation of street cleaning parking rules; and
Whereas, The legislation would require the cameras to pass a self-test of its functionality prior to use on any given day, and establish public protections including ensuring that any photos or videos taken could only be used for enforcing ASP violations unless obtained with a court order, and requiring that the City make a reasonable effort to ensure that images produced not identify drivers, passengers, or the content of vehicles; and
Whereas, The City would be required keep recorded materials private, apart from making them available to vehicle owners or operators faced with a notice of violation, and to destroy such materials after the final resolution of a notice of violation, or 1 year after the violation was issued; and
Whereas, Street cleaning vehicles equipped with cameras would be required to display signage notifying motorists that cameras are being used for the purposes of enforcing street cleaning violations, and the City would be required to post updated street signage notifying motorists on routes where street cleaning vehicle cameras are in use; and
Whereas, For the first 60 days of a street cleaning vehicle camera program, violations captured by such cameras would result in a warning rather than a notice of liability, after which an owner found to be in violation would be liable for monetary penalties not to exceed $50 for each violation, and an additional penalty no more than $25 per violation for the failure to respond within the prescribed time period; and
Whereas, Owners of vehicles alleged to be in violation of ASP regulations must be notified by first class mail, with the notice of liability containing the name and address of the person alleged to be liable, the registration number of the vehicle involved, the location of the violation, including the street or cross streets, one or more images showing the violation, date and time of the violation, as well as the identification number of the camera that recorded the violation; and
Whereas, If New York City chose to adopt a street cleaning vehicle camera program under this authorizing legislation, DSNY would be required to submit to the Governor and the New York State Legislature a report on the results of such a program, including a description of the areas where the camera program is in use, the total number of violations issued on a monthly and annual basis, total number of notices of liability issued, the number of violations adjudicated including results, revenue generated, total cost to the city, and other pertinent details of the program; and
Whereas, Regular street sweepings are a vital component of New York City’s efforts to maintain street cleanliness, reduce local vermin and litter issues, and keep stormwater conveyance infrastructure working as intended, and camera based enforcement paired with a reasonable monetary penalty may compel better adherence to street cleaning times; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass, and the Governor to sign S.8756-A/A.8902-C, authorizing the city of New York to install and operate street cleaning camera systems for the purpose of enforcing street cleaning parking rules.
NRC
LS#16860
7/16/24