Showing posts with label parking permits. Show all posts
Showing posts with label parking permits. Show all posts

Wednesday, April 24, 2019

Very interesting: "Court Says Using Chalk On Tires For Parking Enforcement Violates Constitution."



We have all been here before.

Council Monday: No Sharpies for selective tire marking, and no answer for why tires are being selectively marked.



A bizarre election-year case of selectively enforcing the city's largely ignored 24-hour overnight parking ordinance.


For now, I'm just leaving this here. Based on a few things I've seen in the past month, we may also be dealing with a "prolific chalker" in New Albany. We've since ruled out "Sharpiers," right?

Court Says Using Chalk On Tires For Parking Enforcement Violates Constitution, by Matthew S. Schwartz (NPR)

The next time parking enforcement officers use chalk to mark your tires, they might be acting unconstitutionally.

A federal appeals court ruled Monday that "chalking" is a violation of the Fourth Amendment.

The case was brought by Alison Taylor, a Michigan woman whom the court describes as a "frequent recipient of parking tickets." The city of Saginaw, Mich., like countless other cities around the country, uses chalk to mark the tires of cars to enforce time limits on parking.

By the time Taylor received her 15th citation in just a few years, she decided to go after the city — and specifically after parking enforcement officer Tabitha Hoskins.

Hoskins, Taylor alleged in her lawsuit, was a "prolific" chalker. Every single one of Taylor's 15 tickets was issued by Hoskins after she marked a tire with chalk, and then circled back to see if Taylor's car had moved. That chalking, Taylor argued, was unconstitutional.

"Trespassing upon a privately-owned vehicle parked on a public street to place a chalk mark to begin gathering information to ultimately impose a government sanction is unconstitutional under the Fourth Amendment," Taylor's lawyer, Philip Ellison, wrote in a court filing ...

Wednesday, April 03, 2019

Council Monday: No Sharpies for selective tire marking, and no answer for why tires are being selectively marked.

From Facebook.

There are depressingly few dull moments in the Hermetic Kingdom of New Gahania.

Two weeks ago ...

A bizarre election-year case of selectively enforcing the city's largely ignored 24-hour overnight parking ordinance.

 ... It's strange. If we succeed in convincing neighborhood residents to leave their cars parked for a while while walking or biking downtown, they'll return to their homes to find a ticket. Conversely, while understanding fully that we as a society have accepted (rightly or wrongly) the notion of using public property to warehouse private vehicles, it seems a modicum of fair warning might have been given -- although to do so would require the city to concede it wasn't enforcing ordinances previously, and as the embodiment of perfection, Gahan cannot make such a concession.

And so we get the usual politically-motivated cluster from the same usual suspects ...

On Monday evening, at-large councilman Al Knable led off council speaking time with a partial update on the selective enforcement of neighborhood parking, as detailed in NAC's previous post.

Apparently police chief Bailey took a few minutes away from his tireless work on behalf of the Gahan re-election clique to discuss one facet of the issue with Knable.

Seems that Chief Bailey was not aware that some NAPD officers are marking the tires of selectively targeted parking violators with indelible Sharpies and not chalk, and he said this practice will be addressed and rectified.

Now if we could just address the reasons for the selective enforcement in the first place ... but big thanks to Knable for following through and starting the conversation.

Tuesday, March 19, 2019

A bizarre election-year case of selectively enforcing the city's largely ignored 24-hour overnight parking ordinance.


"They can tell which car out of 24,000 New Albany cars have been parked for over 24 hours. But they can't catch people who break into cars every weekend."
-- Facebook comment

A New Albany resident posted the ticket from a few days ago and recounted his experience at the Facebook members-only page called New Albany Indiana. It prompted a spirited discussion about selective enforcement and overall civic priorities, with another group member undertaking to do necessary research.

Alright, I emailed Chief (Todd) Bailey, showed him both the pink violation form and the most recent codes from 2018. This is what he said.

“Whoever printed the warning notice made a mistake. It should read 72.15. I’ll get it handled. I know of nothing that reserves parking for residents in front of their house outside of a Residential Parking Permit. Those can be obtained from the City Clerk for a few. Outside of that they share the public parking on the street and must move every 24 hours.”

And the ordinance incorrectly referenced on the ticket, which by all rights should render the citation invalid?


Here's the correct passage.

Bookmark§ 72.15 OVERNIGHT PARKING.
It shall be unlawful to leave any motor vehicle parked on the public streets of the city for a period in excess of 24 hours or to park any motor vehicle which is held for sale or one which is not in running condition on the public streets of the city in excess of 24 hours.
(Ord. 4573, passed 8-27-1956; Ord. G-09-15, passed 5-4-2009) Penalty, see § 37.02

It's telling that when Bailey gazes out into neighborhoods where petty crime and slumlordism remain firmly entrenched -- places that haven't yet benefited from Jeff Gahan's eight years of luxury enhancement -- he recommends giving his boss more of the loot.

§ 72.20 INDIVIDUAL RESIDENT-ONLY PERMIT PARKING AREAS.

(A) Fees. The Board of Works shall establish and collect an annual uniform fee which shall be required for each resident only parking space. Any resident of the city may apply to receive a resident only parking permit subject to the terms and conditions of this section. The fee collected upon application for a resident only parking permit shall initially be $250 for the first year, and $100 for each subsequent year. The year shall run from January 1 through December 31, and any person who obtains a pass shall pay an amount prorated to the month of the date of the issuance. The fee may be waived upon a majority vote of the Board of Works in the case of any individual showing a special need or hardship. All fees collected shall first go to the expenses of the resident parking only program, then to the nonreverting fund.

It's strange. If we succeed in convincing neighborhood residents to leave their cars parked for a while while walking or biking downtown, they'll return to their homes to find a ticket. Conversely, while understanding fully that we as a society have accepted (rightly or wrongly) the notion of using public property to warehouse private vehicles, it seems a modicum of fair warning might have been given -- although to do so would require the city to concede it wasn't enforcing ordinances previously, and as the embodiment of perfection, Gahan cannot make such a concession.

And so we get the usual politically-motivated cluster from the same usual suspects. I directed a few thoughts to Al Knable (elected council person) and Warren Nash (appointed Board of Works gatekeeper) via the Facebook portal.

Al Knable Warren V Nash (tagged): To bring this to the attention of council and the board of works, I'd invite you both to read through this thread. I'd have included other council members and city officials, but it appears that out of almost 15,000 members here, you're the only two from city government. It was my intention to attend this morning's board of works meeting, but something came up at work, so let's start here. It's hard to look at this an any way apart from it being a crazy, incoherent muddle. We see tires chalked/sharpied and tickets issued in some places, not others; the police chief conceding the ordinance number on the ticket is mistaken; and folks in the neighborhoods asking some really good questions about the (shall we say) abrupt change in emphasis. Are downtown parking regulations yet being enforced? How can we have rules for some parts of town and not others? I understand that Al will pay attention and Warren will brush me off, but please note that I'm not taking a position -- yet. The two of you have dibs to come up with some sort of explanation of why this is happening. Thanks for your time.

If NA Confidential gets an answer, so will you. It's an election year, so virtually anything might happen.

Wednesday, February 10, 2010

That's why no-brainers seldom are.

I wonder if we might squeeze in another rule: If you have a residential parking permit, and it snows, you have to clear the twenty-foot area around your car. If you don't, there'll be a fine.

Wait, another idea: If you have a permit, it snows, and you don't clear the sidewalk, there'll be another fine.

Jeez, who's going to be enforcing and collecting these fines? After all, the little people advocate going without police (and fire) protection.

No laws enforced? I wonder if that's the point?

Residential parking law in New Albany remains in committee, by Daniel Suddeath (News and Tribune).

It could be awhile before a residential parking ordinance comes back to the New Albany City Council for second and third readings.

Tuesday, January 05, 2010

A few notes on last night's council meeting.

1. Newly elected Council President John Gonder followed the law in making committee and commission appointments. As I mentioned to Gonder while expressing thanks after the meeting, this shouldn't be news.

Apparently the Tribune agrees, as they didn't report it or the fact that past presidents failed to follow the law in previous years.

But, it is news. Meeting minutes reflect that Gonder is the only one of the four most recent presidents (and perhaps more) to have actually handled appointments properly. Larry Kochert, Jeff Gahan, and Dan Coffey all either failed to read the law or just didn't care. That a council president took the time to familiarize himself with and apply the rules represents an exceptional shift in leadership attitude and aptitude for a body who's been perennially disrespected and avoided owing precisely to the lackadaisical efforts of the past. Hopefully, such diligence is deemed a precedent worth carrying forward.

2. There was continuation of an argument between Dan Coffey and everyone else present at the meeting who's worked on the Coyle property evaluation. The only reason citizens' and officials' time and energy are being wasted on it is because Coffey is falsely trying to distance himself from a process for which he's responsible. He went so far last night as to suggest that he only went to a meeting about the property because fellow Council Member Diane McCartin-Benedetti called and invited him.

As is often the case, the facts and Coffey's protestations have nothing in common. Previous reporting and meeting minutes confirm the following:

During his time as president of the Council, Coffey signed off on the creation of an exploratory committee in conjunction with the administration and county officials to examine the possibilities of the Coyle property. Coffey was also a member of the City's Redevelopment Commission at the time and suggested that body look into the use of TIF funds to finance the property, a process which they started and have continued, which is why it was under consideration by the Council last night. It's also why Carl Malysz has continually reminded that, though the administration is indeed interested in the property, the TIF initiative under consideration came from the council and not them.

Thus, the facts indicate the exact opposite of what Coffey asserted with regard to McCartin-Benedetti.

McCartin-Benedetti (and Kevin Zurschmiede, who replaced Coffey on the Redevelopment Commission after he resigned) became involved with the Coyle property analysis only because Coffey appointed them to the governing body that he himself suggested should handle the situation.

On the whole, McCartin-Benedetti has discovered what many others before her have: Coffey is a liar who can't be trusted with even the most basic facts. Luckily, she's refusing lately to play hapless victim to Coffey's signature intimidation tactics. As it should be wholly unnecessary, it's unfortunate that such refusal functions as an indicator of positive council growth but, owing to the conditions that Coffey regularly inflicts on the community, it's newsworthy as well. Coffey's council presidency is over. His messes, though, still require cleaning.

3. The residential private parking permit request is somewhat confusing. I'll try to provide more in-depth analysis in future but, from looking at aerial photos and driving the neighborhood, it appears as though the large majority of property owners in the Uptown area have sufficient room on their properties to accommodate private, off-street parking if they so desire. There are already so many driveways and garages that having private parking, rather than suffering from a lack of it, is evidently the norm. And, again, most who don't have it could.

As an initial question, why would New Albany citizens want to give over the public street space they finance to restricted, private use in order to appease private property owners who are unwilling to give up their own privately held resource for the exact same purpose?

One suggested answer was that providing additional parking for a particular property would increase its value. I can't argue with that. That's why people spend their money to build driveways and garages on private property. But, each time a single property value was increased with an additional parking spot taken from the shared pool on public streets, there would be a corresponding decrease in available parking for surrounding properties, thus lowering their values with little to no compensation for those who chose to invest based on that pool.

Does it make sense to use public funds to marginally increase the value of one house on a street at the expense of decreasing the value of several others? I don't think so. It goes against the very notion of shared resources and public spaces that define city life. That notion is the reason many of us have chosen to live here and is what will attract many more to do the same.

Sunday, April 19, 2009

Downtown parking issues come bubbling to the surface, and it's not a bad problem to have, really, just a confusing one.

The Tribune leads off Sunday's edition with required coverage of Infantile Over Louisville, and then shifts into the sort of topic that many of us kept hoping would someday become a problem: Downtown parking.

Chronic parking offenders owe city of New Albany thousands, by Daniel Suddeath.

The council's current shared confusion over parking probably is forgivable in the short term, given that not all of the body's members (a) ever bother trying to understand downtown development issues, anyway, and (b) consequently regard their ignorance as a badge of honor (see "conjoined councilmen").

Even so, Dan Coffey's comments to Suddeath veer perilously close to intelligibility, leaving me a bit confused over downtown business owner and resident Brandon Thompson's logic:

Brandon Thompson lives and works out of a building he owns along Pearl Street, and stands as the top offender in terms of money owed to New Albany.

He took credit for two vehicles cited with more than $31,245 worth of penalties and fines for 313 tickets in the name of Kimberly Hassmann, and vowed to fight legal action in court if it comes to it.

“It’s my building, I live there and I have a business there. When I come home at night with my groceries, why wouldn’t I want to park in front of my own building?” Thompson asked.

At night? Were the tickets he knowingly accumulated issued at night, or during the day? Do we enforce at night? A car parked there at night would escape scrutiny, wouldn't it?

But that's only one aspect of the emerging need to control downtown parking, so what's the best way to approach this wonderful new problem?

Amnesty? On fines and penalties, or just penalties? Should people who willfully violated laws be held accountable in some way, or excused because everyone else was doing it, too?

Unlimited parking passes that would allow residents to occupy commercial parking spaces? With such permits, might residents park in front of my business at will?

What's the administration's position?

Many questions, indeed.

Thursday, August 28, 2008

Downtown parking permits (thumbs up) but waivers (thumbs down), says City Clerk.

Thoughts and discussion, anyone?

New Albany City Clerk disagrees with waiving outstanding tickets for downtown parking passes, by Daniel Suddeath (News and Tribune)

City Clerk Marcey Wisman likes the idea of downtown parking permits in New Albany, but is opposed to waiving unpaid tickets for those who purchase a pass.

Wisman made her concerns known during Tuesday’s Board of Public Works and Safety meeting, reading aloud a letter she drafted questioning whether Mayor Doug England’s administration realizes the ramifications of waiving outstanding tickets.

“No one is ever happy about paying a parking ticket, but to change the rules to benefit a few makes it even more difficult to justify the need to pay to many others who receive them,” Wisman said.