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Winter Blizzards & Ticket Blitzes: The Connection?

Posted on February 15, 2010 by Lina Maini

It’s later in the year than we would normally re-issue this Bulletin but the snowfall was relatively light – until last week!

We’re tackling the issues of NYC’s sidewalk maintenance of the City’s 12,750 miles of sidewalks and ticket/traffic violations that increase in winter weather and associated fines.

The following information pertains to the sidewalk rules and regulations for the 5 boroughs of New York City.

Sidewalk Maintenance

The sidewalk in front of any building or lot must be maintained and repaired by the property owner. Any defects must be promptly repaired. The owner of all property with four or more families is responsible for any injury caused by the owner’s failure to maintain the sidewalk in a reasonably safe condition. If the repair covers more than 25 square feet of the sidewalk, the owner or contractor must obtain a Sidewalk Replacement Permit from the Department of Transportation.

Sidewalk Use

All businesses intending to use a portion of the sidewalk for daily operation, or who wish to attach to or place upon the sidewalk any items such as canopies, bike racks, benches, planters, or who wish to use a basement vault, must obtain a renewable permit or a revocable consent from the Department of Transportation. The placement of any item on the sidewalk must not interfere with the use of the sidewalk by pedestrians. A minimum of 8 feet or half the sidewalk, whichever is greater, must be kept clear between the item and any obstacle on the curbside, such as hydrants and traffic control devices. No business may prevent parking or paint the curb, sidewalk, or roadway to advertise the business.

Sidewalk Obstruction

Businesses are responsible for keeping the adjacent section of sidewalk free from all obstructions such as refuse, refuse containers, and A-frame signs to allow the free flow of pedestrian traffic. It is illegal for anyone to place or leave any box, barrel, or other moveable property (regardless of ownership) upon any public street or public place. This law applies to construction or demolition containers, which may only be placed on the street with a permit from the Department of Transportation. In addition, restaurants may not place obstructions such as stanchions or cones in the street to prevent parking or to provide ingress/egress for customers.

Snow and Ice Removal

Snow and/or ice must be removed from the sidewalk within four hours after the snow has stopped falling, or by 11 AM if snow has stopped falling after 9 PM the previous evening. If the snow or ice becomes so frozen that it cannot be removed, the sidewalk may be strewn with ashes, sand, sawdust or similar suitable material within the same time limits. The sidewalk must be thoroughly cleared as soon as weather permits.

With  snow. slush and ice present,  parking or travel decisions can be quite spontaneous .  Below, see how much a roll of the dice can cost for a parking or traffic ticket in NYC:

Fine Amount
Column A: Manhattan, below 96th Street
Column B: All Other Areas

(Each fine amount includes a $15 New York State Criminal Justice surcharge.)

CODE DEFINITION A B
09 NEW! Blocking an Intersection: Obstructing traffic at an intersection also known as “Blocking the Box” $115 $115
10 Stopping, standing or parking where sign, street marking, or traffic control device does not allow stopping. $115 $115
11 Hotel Loading/Unloading: Standing or parking where standing is not allowed by sign, street marking or; traffic control device. $115 $115
12 Snow Emergency: Standing or parking where standing is not allowed by sign, street marking or; traffic control device. $95 $95
13 Taxi Stand: Standing or parking where standing is not allowed by sign, street marking or; traffic control device. $115 $115
14 General No Standing: Standing or parking where standing is not allowed by sign, street marking or; traffic control device. $115 $115
16 Truck Loading/Unloading: Standing or parking where standing is not allowed by sign, street marking or; traffic control device. $95 $95
17 Authorized Vehicles Only: Standing or parking where standing is not allowed by sign, street marking or; traffic control device. $95 $95
18 Bus Lane: Standing or parking where standing is not allowed by sign, street marking or; traffic control device. $115 $115
19 Bus Stop: Standing or parking where standing is not allowed by sign, street marking or; traffic control device. $115 $115
20 General No Parking: No parking where parking is not allowed by sign, street marking or traffic control device. $65 $60
21 Street Cleaning: No parking where parking is not allowed by sign, street marking or traffic control device. $65 $45
22 Hotel Loading/Unloading: No parking where parking is not allowed by sign, street marking or traffic control device. $60 $60
23 Taxi Stand: No parking where parking is not allowed by sign, street marking or traffic control device. $65 $60
24 Authorized Vehicles Only: No parking where parking is not allowed by sign, street marking or traffic control device. $65 $60
25 Standing at a commuter van stop, other than temporarily for the purpose of quickly picking up or dropping off passengers. $115 $115
26 Standing at a for-hire vehicle stop, other than temporarily for the purpose of quickly picking up or dropping off passengers. $115 $115
27 No parking in a handicapped zone (off-street only) where parking is not allowed by sign, street marking or traffic control device (Note: Includes a $30 New York State Criminal Justice surcharge.) $180 $180
28 Overtime standing (diplomat) $95 $95
31 Standing of a non-commercial vehicle in a commercial metered zone. $115 $115
32 Parking at a broken or missing meter for longer than the maximum time permitted. $65 $35
33 “Feeding Meter” — parking in a metered space for a consecutive period of time longer than allowed, whether or not an additional coin or coins are deposited or another method of payment is used. $65 $45
34 Expired Meter– parking in a metered space where the meter works and the time has ended. $65 $35
35 Parking in a meter space for the purpose of displaying, selling, storing, or offering goods for sale. $65 $35
37-38 Municipal Parking Facilities –

(37) Parking in excess of the allowed time
(38) Failing to show a receipt or tag in the windshield
$65 $35
39 Parking for longer than the maximum time permitted by sign, street marking or traffic control device. $65 $60
40 Stopping, standing or parking closer than 15 feet of a fire hydrant. Between sunrise and sunset, a passenger vehicle may stand alongside a fire hydrant as long as a driver remains behind the wheel and is ready to move the vehicle if required to do so. $115 $115
42 Parking in a Muni Metered space in a commercial metered zone in which that Muni Meter is working and indicates the time has ended. $65 $35
43 Parking in a commercial metered zone in which the meter is working and indicates that the time has ended. (Note: the difference is that 42 is Muni Meter and 43 is Meter) $65 $35
44 Parking in a commercial metered zone for longer than the maximum time allowed. $65 $35
45 Stopping, standing or parking in a traffic lane; or if a vehicle extends more than 8 feet from the nearest curb, blocking traffic.    $115 $115
46 Standing or parking on the roadway side of a vehicle stopped, standing or parked at the curb; in other words, “double parking”. A person may; however, stand a Commercial Vehicle alongside a vehicle parked at the curb at such locations and during such hours that stopping, standing and parking is allowed when quickly making pickups, deliveries or service calls. This is allowed if there is no parking space or marked loading zone on either side of the street within 100 feet. “Double parking” any type of vehicle is not; however, allowed in Midtown Manhattan (the area from 14th Street to 60th Street, between First Avenue and Eighth Avenue inclusive). Midtown double parking is not allowed between 7 am and 7 pm daily except Sundays. (See Code 47.) $115 $115
47 Stopping, standing or parking a vehicle in Midtown Manhattan (the area from 14th Street to 60th Street, between First Avenue and Eighth Avenue) other than parallel or close to the curb. $115 $115
48 Stopping, standing or parking within a marked bicycle lane. $115 $115
49 Stopping, standing or parking alongside or opposite any street construction or obstruction and thereby blocking traffic. $95 $95
50 Stopping, standing or parking in a crosswalk. Note: Crosswalks are not always identified by painted street markings. $115 $115
51 Stopping, standing or parking on a sidewalk.  $115 $115
52 Stopping, standing or parking within an intersection.   $115 $115
53 Standing or parking in a safety zone, between a safety zone and the nearest curb, or within 30 feet of points on the curb immediately opposite the ends of a safety zone. $115 $115
55 Stopping, standing or parking within a highway tunnel or on a raised or controlled access roadway. $115 $115
56 Stopping, standing or parking alongside a barrier or divided highway unless permitted by sign.    $115 $115
57 Parking a vehicle within the area designated as The Blue Zone, Monday through Friday 7AM-7PM. The Blue Zone is bounded by the northern property line of Frankfort Street, the northern property line of Dover Street, the eastern property line of South Street, the western property line of State Street, the center line of Broadway and the center line of Park Row. $65 $65
58 Parking a vehicle on a marginal street or waterfront i.e. any street, road, place, area or way that connects or runs along waterfront property. Parking on a marginal street or waterfront is permitted if authorized by posted sign. $65 $45
59 Standing or parking at an angle to the curb, except where allowed by rule or sign. Where angle parking is not authorized by a sign, a Commercial Vehicle may stand or park at an angle only for loading or unloading and if it leaves enough space for traffic flow. $115 $115
60 Standing or parking at an angle to the curb, except where authorized by rule or sign.   $65 $45
61 Except where angle parking is allowed, stopping, standing or parking other than parallel to curb or edge of roadway. Or, parking opposite the direction of traffic.     $65 $45
62 Standing or parking a vehicle beyond markings on the curb or the pavement  of a street which marks a parking space, except when a Vehicle is too large to fit in that “marked” parking space. Where a vehicle is too large, it shall be parked with its front bumper at the front of the space and the rear bumper extending as little as possible into the next space. $65 $45
63 Standing or parking a vehicle in any park between one-half hour after sunset and one-half hour before sunrise, except at places allowed for the parking of vehicles. $95 $95
64 No standing except delivery / service $95 $95
65 Overtime standing delivery / service $95 $95
66 Parking a trailer or semi-trailer which is not attached to a motor vehicle used for towing it, unless loading or unloading at an off-street platform. $65 $45
67 Parking in front of a pedestrian ramp $165 $165
68 Not parking as marked on a posted sign $65 $65
69 Failing to show a muni-meter receipt, commercial meter zone. $65 $65
70 Standing or parking a vehicle without showing a current registration sticker. $65 $65
71 Standing or parking a vehicle without showing a current inspection sticker. $65 $65
72 Standing or parking a vehicle with NY Plates and showing a damaged or fake inspection certificate. $65 $65
73 Standing or parking a vehicle showing an expired, damaged, void, fake, or incorrect registration sticker. $65 $65
74 Standing or parking a vehicle without properly showing its current plates on the outside of the vehicle, easily, useable, attached tightly not more than 48, or less than 12, inches from the ground, clean, not covered by glass or plastic, and nothing to stop clear reading. $65 $65
75 Standing or parking a vehicle in which the License Plate number and/or the actual description of the vehicle does not match the information on in the registration sticker. $65 $65
77 Parking a bus, unless allowed by signs. A charter bus may park where parking is permitted at its point of origin or destination. A school bus may park in front of and within the building lines of a school.   $65 $45
78 Parking a Commercial Vehicle on a residential street between 9PM and 5AM unless doing business within 3 blocks. Parking is allowed during this time if the vehicle is owned or operated by a gas or oil supplier or maintenance company or by any public utility. $65 $65
79 For a bus without passengers, waiting at a curb or other street location i.e., a layover; with passengers, waiting at a curb or other street location for more than five minutes, except in locations allowed by sign or by the Commissioner in writing. $115 $115
80 Standing or parking a vehicle without head lamps, rear lamps, reflectors or other required equipment. $60 $45
81 No standing except diplomat $95 $95
82 Standing or parking a Commercial Vehicle unless all seats, except the front seats, and rear seat equipment removed. The name and address of the owner must be on the registration certificate plainly marked on both sides of the vehicle in letters and numerals not less than 3 inches in height. (Vehicles with Commercial Plates are considered to be Commercial Vehicles and must be altered accordingly. $115 $115
83 Standing or parking a vehicle which is not properly registered.  $65 $65
84 Parking a Commercial Vehicle on any city street with its platform lift in the lowered position while no one is with the vehicle. $65 $45
85 Parking a Commercial Vehicle more than 3 hours, where parking is allowed. $65 $65
86 Standing or parking a vehicle to make pickups, deliveries or service calls for more than 3 hours, unless allowed by posted signs, between 7AM and 7PM, except Sundays, in Manhattan from 14th to 60th Streets and First to Eighth Avenues. $115 $115
89 Standing or parking a vehicle in the Garment District (in Manhattan, from 35th Street to 41st Street, between the Avenues of America and Eighth Avenue) between the hours of 7am and 7pm. A Commercial Vehicle; however, which is a truck or a van can park temporarily (up to a maximum of 3 hours) while making a pickup, delivery or service call. $115 $115
91 Parking in order to sell a vehicle by a person who regularly sells vehicles. $65 $45
92 Parking in order to wash, grease, or repair a vehicle by a person who regularly repairs of vehicles.   $65 $45
93 Stopping, standing or parking on paved roadway to change a flat tire, unless permitted by posted sign. $65 $65
94 Vehicle Release Agreement code associated with NYPD’s Violation Tow Program. $100
(Regular Tow, plus violation fine)		 $200 (Heavy Tow, plus violation fine)
96 Standing or parking within 50 feet of the nearest rail of a railroad crossing. $95 $95
97 Parking in a vacant lot. A vehicle may be parked on a vacant lot having a municipally authorized driveway upon written permission of the owner. $65 $45
98 Standing or parking in front of a public or private driveway. The owner or renter of a lot accessed by a private driveway may park a passenger vehicle registered to him / her at that address in front of such driveway provided the lot does not contain more than 2 dwelling units and that such parking does not violate any other rule or restriction. $95 $95
99 All other parking, standing or stopping violations. vary vary

BNI Operatives, Street smart; Web savvy.

As always, stay safe,

Jonathan Caspian
Writer
Beacon Bulletin

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Slip/Trip and Fall Intake Survey; New BNI Partner

Posted on October 26, 2009 by Lina Maini

We welcome our newest partner, retired NYPD detective, John Brown, to the BNI team.  After 23 years on the job, John decided to exercise  his retirement option and shift to the civilian equivalent of his police force investigative position.  We have been anticipating John’s arrival for several years, and in doing so, he has become very familiar with our SOPs.  Once again, welcome aboard, John!

On to this week’s Bulletin.

It’s time to  ”winterize” our firms/companies.  Slip/Trip and falls occur year-round, but snow and ice conditions up the number of these case types.  We review our intake surveys in the fall and mid-winter (as a reminder) and ensure that they’ve been updated.

(Obviously, when we receive this type of assignment, we are provided the client’s name, the date, time and location of accident.  We then go on to a more formal intake survey. Below is primary information required in a slip/trip and fall event.)

1. CLIENT PEDIGREE (to include name, address, phone #, DOB, SSN,employment/scholastic and licensed driver info and emergency contacts)

2. WEATHER CONDITIONS

3. LIGHTING CONDITIONS

4. SURFACE DESCRIPTION (sidewalk, hallway, stairs…)

5. DEBRIS/DISREPAIR/CONSTRUCTION PRESENT

6. DESCRIPTION OF SURFACE (concrete, torn matting, tile…)

7. PRESENCE OF ANY WARNING SIGNS (e.g. wet floor cones, signs…)

8. DIRECTION OF TRAVEL OF PARTICIPANTS (northbound, descending steps…)

9. DESCRIPTION OF ACCIDENT (detailed, including, for exterior falls in snow and ice, how long the condition had existed)

10. ALCOHOL/DRUG INVOLVEMENT

11. WHERE WAS THE CLIENT GOING?

12. RATE OF WALK (normal gait, walking briskly… )

13. TYPE OF SHOES WORN

14. CONDITION OF SHOES (new, good, worn.. )

15. DOES THE CLIENT STILL HAVE THE SHOES?

16. OBSERVABLE INJURIES SUSTAINED (detailed)

17. MEDICAL ATTENTION RECEIVED AT SCENE

18. EMERGENCY/OFFICIAL VEHICLE AND PERSONNEL RESPONSE

19. STATEMENT(S) MADE AT SCENE

20. ADDITIONAL WITNESSES

21. DOES THE CLIENT KNOW OF ANY OTHER SIMILAR PRIOR INCIDENTS AT SAID LOCATION?

22. HAD THE CLIENT COMPLAINED TO MANAGEMENT OF EXISTING RELATED CONDITIONS?

23. DOES THE CLIENT KNOW OF ANYONE ELSE WHO MAY HAVE MADE SIMILAR PRIOR COMPLAINTS TO MANAGEMENT?

24. COPY OF CLIENT’S LEASE.

25. MANAGEMENT INFORMATION, IF KNOWN.

26. MUNICIPALITY INVOLVED?

Additional related searches you may opt to have your investigator conduct: real property search, weather check and prior incidents (lawsuits filed for similar situation v. the same property owner.    Rarely, in these cases, do our clients ask us to conduct a financial background check on their clients (to determine if there are active liens, judgments, bankruptcies.. .), preferring to question their own clients on this matter.  We do however have that capability and generally, that type of search, pending the case level, should include joint (spouse) information.

BNI Operatives: : Street smart; web savvy.

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