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People still pull that trick, but guess what? NYPD and TEA learn (and or should know) the proper distance between hydrants and thus know on any given street/block where they *should* be located. If they would get out of the squad car or whatever and look, someone is going to get a ticket.
As for fighting such a ticket first thing a judge will say is "how do I know you didn't put the trash (or whatever) over the hydrant?
Have seen people do this and in a good number of times they got tickets. Especially if they remained overnight during week. In the past TEA assigned to our block knew where every GD hydrant and no parking zone was located. At around 7AM he would make the rounds and write up a few tickets. *LOL*
Oh and it isn't unusual for someone on said street to contact local precinct and report someone parked on a hydrant.
Burden of proof is on the state/prosecution/city to prove you put the trash can over the hydrant. But while (without sufficient evidence) I wouldn't see someone getting charged with placing the garbage can over the hydrant, I wonder if the law still allows for a ticket anyway as the hydrant is still there, even if someone genuinely didn't know that due to a deceptively placed garbage can?
Burden of proof is on the state/prosecution/city to prove you put the trash can over the hydrant. But while (without sufficient evidence) I wouldn't see someone getting charged with placing the garbage can over the hydrant, I wonder if the law still allows for a ticket anyway as the hydrant is still there, even if someone genuinely didn't know that due to a deceptively placed garbage can?
Sometimes you eat the bear, and sometimes the bear eats *you*.
Do people get such tickets dismissed? Am sure some do, but shouldn't count on it being some sort of instant get out jail free card. Quite honestly that defense is really no different than someone claiming they didn't see a no parking sign.
If you have the time you can park and sit in your car until 10 AM. You won't get a ticket if you are in the car and you can get yourself a prime parking spot. At worst you may be asked to move but that doesn't happen if the sweeper has already come by.
FWIW I do this in Brooklyn all the time and have never had a problem, but one time I did it in Manhattan the enforcement agent sneaked up on me and slapped me with a ticket anyway, just handed it to me straight through the window.
FWIW I do this in Brooklyn all the time and have never had a problem, but one time I did it in Manhattan the enforcement agent sneaked up on me and slapped me with a ticket anyway, just handed it to me straight through the window.
Had the street been swept yet? If it wasn't then I could see maybe getting a ticket but if it was swept and you are there waiting the last few minutes to expire that doesn't seem right. Also was the sign only for ASP? Sometimes there is no parking for a few hours for other reasons besides ASP.
Had the street been swept yet? If it wasn't then I could see maybe getting a ticket but if it was swept and you are there waiting the last few minutes to expire that doesn't seem right. Also was the sign only for ASP? Sometimes there is no parking for a few hours for other reasons besides ASP.
Dude it was swept and 20 minutes before time was over. I think someone was just hitting their quota or something. Only time it ever happened to me and I've done it a lot.
Dude it was swept and 20 minutes before time was over. I think someone was just hitting their quota or something. Only time it ever happened to me and I've done it a lot.
Yeah must have been a quota. Maybe you could have fought it because if you were sitting in the car, isn't that "standing" instead of parking?
Yeah must have been a quota. Maybe you could have fought it because if you were sitting in the car, isn't that "standing" instead of parking?
I said that but she said it wasn't standing because my engine wasn't running. I probably could have fought it but I just sucked up the fine rather than screw around with it.
Seems to be plenty of myths about ASP, and or local customs in what NYPD in a particular area tolerate.
But make no mistake, the statue is clear; you cannot *PARK* on a street during ASP period. End of story. This even if the sweeper has passed already.
"OK, what if I see a street sweeper has gone by already? Can I park in that spot?
Legally, no, you still cannot park there. "We do have to go around the block twice in plenty of instances," Paul Visconti of the Department of Sanitation told WNYC in 2014, and there's simply no way of knowing, unless you're the operator of the sweeper, whether or not they have to pass over it again. Second sweeps are much more common in the fall, when leaves can clog the brushes. " https://www.thrillist.com/lifestyle/...de-parking-nyc
The law is clear, you are not allowed to park, period. That includes sitting in your vehicle. NYPD or TEA can (and have) tell you to sling your hook and move at anytime while ASP is in effect.
Seems to be plenty of myths about ASP, and or local customs in what NYPD in a particular area tolerate.
But make no mistake, the statue is clear; you cannot *PARK* on a street during ASP period. End of story. This even if the sweeper has passed already.
"OK, what if I see a street sweeper has gone by already? Can I park in that spot?
The law is clear, you are not allowed to park, period. That includes sitting in your vehicle. NYPD or TEA can (and have) tell you to sling your hook and move at anytime while ASP is in effect.
I don't think there is any question that you can't park and leave the car during the ASP period even if the sweeper has already cleaned. Where does it say sitting in your car and leaving if asked is not allowed? Specifically a source that addresses sitting in your car.
I think it is similar to "standing" in front of a fire hydrant which is allowed if an operator is in the vehicle, moves upon arrival of fire vehicles, or at the request of police or fire officials.
Quote:
“Hydrants.[Stopping, Standing, and Parking is prohibited] [w]ithin fifteen feet of a fire hydrant, unless otherwise indicated by signs, or parking meters, except that during the period from sunrise to sunset if standing is not otherwise prohibited, the operator of a passenger car may stand the vehicle alongside a fire hydrant provided that the operator remains in the operator’s seat ready for immediate operation of the vehicle at all times and starts the motor of the car on hearing the approach of fire apparatus, and provided further, that the operator shall immediately remove the car from alongside the fire hydrant when instructed to do so by any member of the police, fire, or other municipal department acting in his/her official capacity.”
I don't think there is any question that you can't park and leave the car during the ASP period even if the sweeper has already cleaned. Where does it say sitting in your car and leaving if asked is not allowed? Specifically a source that addresses sitting in your car.
I think it is similar to "standing" in front of a fire hydrant which is allowed if an operator is in the vehicle, moves upon arrival of fire vehicles, or at the request of police or fire officials.
No Parking means just that; which in NYC includes *No Waiting* either.
Over my many years of living in this city have seen both NYPD and TEA give people sitting in their vehicles where it says "No Parking" for various reasons receive tickets.
Yes, sometimes NYPD or TEA will simply tell the offending person to sling their hook, and bust a move. But they were within their rights to issue a ticket.
Again problem with many New Yorkers is that for various reasons local precincts or whatever are often far too lenient. This leads to people taking advantage and or various urban myths that laws aren't what they are.
In parts of Upper Manhattan, Brooklyn and Queens double parking on ASP days has been going on for ages; this even though NYC traffic laws clearly state DP is illegal. Worse local NYPD allows (or has allowed) a practice where drivers simply leave a note with their name and telephone number in vehicle, then go home or whatever.
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