Showing posts with label selective enforcement. Show all posts
Showing posts with label selective enforcement. 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.

Friday, February 08, 2019

GREEN MOUSE SAYS: Is selective two-hour parking re-enforcement downtown slated to begin next week?


Somewhere in the middle of Doug England's third and final term as mayor, circa 2009, he publicly declared that two-hour parking downtown would cease as a gesture to local independent businesses.

In the years since, the selectivity of enforcement has grated, given that tickets for blocking a street sweeper have continued to be given, while (to cite one example) commercial vehicles continue to be allowed to block sight lines at intersections like the one at 9th and E. Spring. 

This morning the Green Mouse was tipped that next Monday the NAPD will institute selective re-enforcement of the two-hour parking limit, as limited to Pearl between Spring and Main, and Market between State and Bank.

We're aware that Redevelopment Commission member Terry Middleton has been in charge of undisclosed parking committee research efforts. However, so far it isn't clear if this enforcement resumption tip is fact or rumor.

If you know, please pass it on.

Monday, August 20, 2018

Non-learning curve: This ON THE AVENUES column repeat reveals that since 2011, we've been discussing the safety hazards on Spring Street between 10th and 9th. Too bad City Hall is deaf.


Elsewhere today: If you want to know how Deaf Gahan purposefully botched the Speck plan for walkable streets, read this article. Hint: HWC dunnit.

I'm rethinking my weekly ON THE AVENUES column placement. It isn't going away, but it may be moving to a different time slot, and as I contemplate the options, hopefully you'll forgive a rerun or two.

This column from February 12, 2015 is a doubleheader of topicality. It addresses the ongoing foolishness of street sweeping, but more importantly, establishes a chronology with regard to the Spring Street safety hazard otherwise known as Williams Plumbing, located in a building at 901 E. Spring that seems always to teeter on the edge of an eyesore -- and has fallen off the edge on more than one occasion, as in 2016.

This outrage against innovative public art must be avenged -- or, what happened to the Williams Junk Water Heater Park?

Let's begin a block up the street. The spot where Spring Street curves at the intersection of 10th always has been a red flag, whether one-way or two-way. Drivers approaching westbound, completely unimpeded from the stop light (and railroad crossing) at 15th Street, have five full blocks to build up speed, and invariably navigate the curve too fast.

The problem isn't quite as bad eastbound, probably because the intersections at 7th Street (stop light) and 8th Street (major northbound connector) have a slowing effect.

Last year's two-way reversion, and the embarrassing placement of a completely useless pedestrian "beg button" crosswalk (a tiny, sad yellow light -- thanks, HWC Engineering) at precisely the point when westbound traffic reaches top speed, has done nothing to decrease westbound speeds around the curve.

Drivers simply drift to the right in order to make the curve, which means they're regularly straying into the (rumored) bicycle lane and unoccupied parking spaces. At times, they come very close to the sidewalk itself.

I see it often while walking -- something city officials should consider trying some time, if they can extricate themselves from Nanny Barksdale's "inhumane" working conditions.

Then, having driven too fast around a dangerous curve, drivers speedily approach 9th Street, where the tall Williams Plumbing trucks have been parked along the north side of the street for as long as anyone can remember, and often on the east side of 9th.

In the evening and on weekends, these trucks completely obscure the viewpoint of all users, whether traveling westbound on Spring or southbound on 9th.

By the way, municipal ordinance forbids parking commercial vehicles being parked curbside in this manner -- and as long as anyone can remember, this ordinance has not been enforced. 


To summarize, it's been seven years since this blog first mentioned the issue, and the problem was ongoing for quite some time even then.

It's very simple, folks. These conditions almost certainly played a part in skateboarder Matt Brewer's death, and irrespective of the role they played, these conditions are dangerous, not only to non-automotive users, but for drivers, too.

The intersection of Spring and 10th needs to be controlled, and those trucks from Williams Plumbing need to be removed.

If HWC Engineering's crack team of Speck Plan assassins couldn't grasp these plain facts in 2017, a refund is due the city. My neighborhood is sick and tired of the bullshit, wherein leaders and their chosen contractors duck responsibility.

If Team Gahan's sickening arrogance precludes admitting they made a mistake in allowing these obvious instances of negligence to continue unabated, then the clique needs to be cashiered in 2019.

Here's the column repeat from February, 2015. Note that in 2016, I began protesting the street sweeper violations ... and Team Gahan folded like the poseurs they are.

---

ON THE AVENUES: Street “sweeping” epitomizes the degradation of governance in New Albany.

A weekly column by Roger A. Baylor.


It’s an election year, and so the current occupant must hurriedly make up for three years of squandered time as it pertains to his unwillingness (read: sheer inability) to define various meaningless but oft-chanted mantras. Consequently, the street department chief has been ceremoniously trotted out to announce an expansion of the city’s street “sweeping” program.

Unfortunately, words have meaning, and ideas matter, and in New Albany, street “sweeping” has not ever been a cleanliness issue.

Rather, it is a political hypocrisy issue, fully exposing this city’s historic tendency not only to tolerate selective law enforcement, but to double down, institutionalize and celebrate it as a civic birthright.

Bluegill perfectly summarizes the prevailing idiocy:

A wasteful program is getting more wasteful. As a Midtown resident. I wish they'd stop rather than expand. This is a parking ticket revenue grab, hounding locals for cash while truckers and other passers through speed by unhindered. We're continually told the city can't afford this or that but we can always afford to pay people to ride around in circles all day writing ridiculously expensive tickets to residents. They even write them when the sweeper isn't sweeping, when people have blocked absolutely nothing. It's a joke.

To repeat: Street “sweeping” should not be expanded. It should be ended. The physical process of “sweeping” is largely futile, and there is no United Nations storm water “law” stipulating dust cloud creation as a workable corrective. Genuine drainage impediments like leaves and garbage barely are addressed by “sweeping.”

Bluegill again:

We'd be better off spending the time and money on drain cleaning and waterway improvements. Instead, the City has chosen the least effective (but most profitable) system to expand.

However, when it comes to profitability and effectiveness, the most profound outrage of all is that parking regulations supposedly applying to all city residents are enforced in some instances, as during street “sweeping,” and not in others, as in the entirety of the historic downtown business district.

Amazingly, it gets worse. Since the inception of institutionalized parking enforcement hypocrisy during the waning years of the third England Error, there has not been the first clear indication of where this imaginary Green Line between enforced and non-enforced parking is drawn.

Following is a column originally published here on May 19, 2011, and repeated in 2013. That's almost four years of ongoing failure. How much longer before we undertake to resolve the parking issues downtown?

---

The sweeping of municipal dysfunction is prohibited. That's the ordinance we actually enforce.

Yesterday was Wednesday, and Wednesday is street sweeping day on our side of the block.

A police operative customarily follows the street sweeper, because cars are not supposed to be parked on the street, where they obstruct the sweeper’s solemn duty to transfer rubbish from the curb into the center of the bicycle lane.

Recently, with the stated intent of promoting businesses (like my own) and sparing shoppers, diners and shop employees the hassle of thinking about where they park, City Hall publicly announced a moratorium on the enforcement of parking regulations “downtown.”

To my knowledge, downtown as a geographical construct was never specifically defined in this enforcement suspension context. My household is in Midtown, while Vincennes Street, only a few blocks away, now calls itself Uptown.

However, Develop New Albany only recently indicated that in the organization’s eyes, a stated organizational mandate to deal exclusively with downtown issues does not preclude it from expanding operations outward, into areas previously not regarded as such, implying that suddenly, we’re all downtowners.

Meanwhile, our residence in Midtown shares a driveway with a dental office. There used to be a day care business next door, and a doctor’s office further down. Big Value is on one corner of the block, opposite an ad agency office. On another corner, there is a funeral home, facing a fire and water damage repair shop.

That’s a fair number of businesses for a residential block -- and I’m not even counting meth labs.

---

Yesterday, although I knew the street sweeper was coming, I left my car parked on the street. I wanted to see what would happen.

Leaving the usual pathway of uncollected dirt in its wake, the sweeper swerved to avoid my car, and the police functionary promptly ticketed me. Moments later, I climbed into the car and drove to my meeting, westbound on Spring Street, where I caught up to the sweeper and the tailing police officer.

Other parked cars were obstructing the sweeper’s progress, but they were not ticketed, presumably because an invisible line of demarcation had been passed, and the weekly shifting of muck and butts from curb to street was occurring within the “downtown” area, where the moratorium of non-enforcement was in effect to promote businesses ... that's right, businesses just like the ones on my block, where the rules against sweeper obstruction are being enforced, or at the very least, where tickets are being written, whether not there is any intent to collect the fines.

I got the ticket, and I’ll pay the fine.

The question: Why should I?

When there is a stated policy of non-enforcement within areas that are only vaguely defined, what is the rationale for enforcement elsewhere?

Anywhere?

If the rationale for non-enforcement downtown (whatever that really means) is the proximity of businesses, shouldn’t that rationale apply throughout the city?

If downtowners who have serially refused to pay their parking fines for decades announce their evasive intentions on local television, and are not prosecuted immediately, why should I feel any obligation whatsoever to drop my twenty-spot in the slot?

Yet, I do. It’s something in my upbringing. Granted, that’s twenty fewer clams to be deposited with local businesses downtown, but heck, I just consider it a token of my esteem for a New Albanian process so random, convoluted and inexplicable that it nostalgically reminds me of the feudal nonsense prevalent in Old Albania.

---

Neighborhoods lying in, outside or near downtown, depending on today’s variable definition of downtown, historically have served as laboratories for non-enforcement of a different variety.

Slumlord empowerment blocs and the occasional derelict private dwelling have freely ignored basic codes pertaining to building appearance, sanitation and safety, and pretend-leaders have abetted the extractive shtick.

Nowadays, the city seem to be doing a slightly better job of it, although there always seems to be greater interest in the last resort of demolishing those properties allowed to deteriorate through previous non-enforcement regimes. Little time is devoted to filling the holes left behind, but then again, this is New Albany: One thing at a time, please, and you’d best give us five or six years to accomplish it.

Like basic exterior repairs. I’m continually amazed by prominent examples of neglect that go completely unaddressed. Almost every day, I walk or bike past Williams Plumbing* on the northeast corner of E. Spring and 9th. If I’m not mistaken, long ago it was Cora Shrader’s Shoppe, a nicely maintained corner property.

Now it is a scantily maintained, increasingly dilapidated eyesore used exclusively for what amounts to industrial storage. Extreme weather over a period of years has torn hunks of siding away from both sides of the house, exposing the wood.

Worse, the company’s big trucks tend to be parked right on Spring Street, consistently impeding the view of motorists approaching southbound on 9th.

Do these trucks get ticketed when they block the street sweeper, or does the invisible, undefined, non-enforcement Green Line come into play?

Is it downtown or midtown?

Lowdown, or down low?

If there is ticketing, does Williams Plumbing pay the tickets?

Can a building crying out for code enforcement scrutiny be any more prominently located than this one, or do the code enforcers just shut their eyes two dozen times a day while driving past it?

If readers can answer any of these questions, they’ll enter a drawing for a $175,000, studio-sized condo overlooking the river … in downtown Tirana, Old Albania. Play your cards right, and the neighborhood Mullah might save you a parking space.

---

* Williams Plumbing finally repaired the exterior in 2012. The trucks continue to block sight lines at 9th and Spring.

Tuesday, June 19, 2018

Behind closed doors: Redevelopment is talking about parking downtown, but we can't hear them.



Indeed.

No one knows what goes on behind closed doors, but to infer from the following excerpts, it has to do with a "solution" to a parking problem that doesn't exist.

I can hardly wait to be served notice that a "solution" without any significant public input has suddenly become breathlessly urgent, and must be implemented immediately.

January 9


February 13


April 10



May 9


Friday, June 10, 2016

Here's what I did to beat the "blocking street sweeper" citation scam. Why should anyone pay?

Yesterday I received an e-mail from the clerk's office informing me that my citation for blocking the street sweeper, issued eight months ago, has been voided.

Below, you'll see the parking dispute form I filed, and the argument I used, which in essence is this.

When enforcement of ordinances is purposefully random, how can there be penalties against those cited randomly?

You'll notice that Shane Gibson, to whom this form was submitted, did not attempt to answer my question. City Hall is silent. Stop me if you've heard this one before.

The cost of this citation when paid late is $70. Today I'll be rounding this sum to $75 and using it to buy three shares in next week's Fresh Stop Market, to be donated to folks who need the produce.

Learn more and get on board the Fresh Stop Market -- a “pop up” farm-fresh food market, coming next week.


Meanwhile, here's the citation's paper trail.

When enforcement is purposefully selective, why should anyone pay a fine?

Parking Ticket Dispute
Date: Thu, June 9, 2016 09:57

Good morning Mr. Baylor,

Ticket number 5030013682, that was issued to license plate number IN-914NEU, has been voided. If I can be of any further assistance to you, please do not hesitate to contact me.

Have a wonderful day!

Cathy Cousins
Customer Service, City Clerk’s Office


Wednesday, December 09, 2015

Yo, CM Phipps: Why doesn't this sign prevent destructive monster truck immigration?

See that sign by the stop light?


Here's a closeup. It hangs from the spot where westbound one-way traffic commences on Spring Street.


So, if no heavy trucks are supposed to be traveling past this point, how do we explain this?


And this.


And these.





Padgett and friends have filed a suit alleging that these heavy trucks are being prevented from using their rightful street (Main Street) owing to beautification changes there. Accepting these claims at face value, how does it make these heavy trucks on Spring Street any more legal?

Shouldn't they be ticketed for improperly using the street?

Thursday, February 12, 2015

ON THE AVENUES: Street “sweeping” epitomizes the degradation of governance in New Albany.

ON THE AVENUES: Street “sweeping” epitomizes the degradation of governance in New Albany.

A weekly web column by Roger A. Baylor.


It’s an election year, and so the current occupant must hurriedly make up for three years of squandered time as it pertains to his unwillingness (read: sheer inability) to define various meaningless but oft-chanted mantras. Consequently, the street department chief has been ceremoniously trotted out to announce an expansion of the city’s street “sweeping” program.

Unfortunately, words have meaning, and ideas matter, and in New Albany, street “sweeping” has not ever been a cleanliness issue.

Rather, it is a political hypocrisy issue, fully exposing this city’s historic tendency not only to tolerate selective law enforcement, but to double down, institutionalize and celebrate it as a civic birthright.

Bluegill perfectly summarizes the prevailing idiocy:

A wasteful program is getting more wasteful. As a Midtown resident. I wish they'd stop rather than expand. This is a parking ticket revenue grab, hounding locals for cash while truckers and other passers through speed by unhindered. We're continually told the city can't afford this or that but we can always afford to pay people to ride around in circles all day writing ridiculously expensive tickets to residents. They even write them when the sweeper isn't sweeping, when people have blocked absolutely nothing. It's a joke.

To repeat: Street “sweeping” should not be expanded. It should be ended. The physical process of “sweeping” is largely futile, and there is no United Nations storm water “law” stipulating dust cloud creation as a workable corrective. Genuine drainage impediments like leaves and garbage barely are addressed by “sweeping.”

Bluegill again:

We'd be better off spending the time and money on drain cleaning and waterway improvements. Instead, the City has chosen the least effective (but most profitable) system to expand.

However, when it comes to profitability and effectiveness, the most profound outrage of all is that parking regulations supposedly applying to all city residents are enforced in some instances, as during street “sweeping,” and not in others, as in the entirety of the historic downtown business district.

Amazingly, it gets worse. Since the inception of institutionalized parking enforcement hypocrisy during the waning years of the third England Error, there has not been the first clear indication of where this imaginary Green Line between enforced and non-enforced parking is drawn.

Following is a column originally published here on May 19, 2011, and repeated in 2013. That's almost four years of ongoing failure. How much longer before we undertake to resolve the parking issues downtown?

---

The sweeping of municipal dysfunction is prohibited. That's the ordinance we actually enforce.

Yesterday was Wednesday, and Wednesday is street sweeping day on our side of the block.

A police operative customarily follows the street sweeper, because cars are not supposed to be parked on the street, where they obstruct the sweeper’s solemn duty to transfer rubbish from the curb into the center of the bicycle lane.

Recently, with the stated intent of promoting businesses (like my own) and sparing shoppers, diners and shop employees the hassle of thinking about where they park, City Hall publicly announced a moratorium on the enforcement of parking regulations “downtown.”

To my knowledge, downtown as a geographical construct was never specifically defined in this enforcement suspension context. My household is in Midtown, while Vincennes Street, only a few blocks away, now calls itself Uptown.

However, Develop New Albany only recently indicated that in the organization’s eyes, a stated organizational mandate to deal exclusively with downtown issues does not preclude it from expanding operations outward, into areas previously not regarded as such, implying that suddenly, we’re all downtowners.

Meanwhile, our residence in Midtown shares a driveway with a dental office. There used to be a day care business next door, and a doctor’s office further down. Big Value is on one corner of the block, opposite an ad agency office. On another corner, there is a funeral home, facing a fire and water damage repair shop.

That’s a fair number of businesses for a residential block -- and I’m not even counting meth labs.

---

Yesterday, although I knew the street sweeper was coming, I left my car parked on the street. I wanted to see what would happen.

Leaving the usual pathway of uncollected dirt in its wake, the sweeper swerved to avoid my car, and the police functionary promptly ticketed me. Moments later, I climbed into the car and drove to my meeting, westbound on Spring Street, where I caught up to the sweeper and the tailing police officer.

Other parked cars were obstructing the sweeper’s progress, but they were not ticketed, presumably because an invisible line of demarcation had been passed, and the weekly shifting of muck and butts from curb to street was occurring within the “downtown” area, where the moratorium of non-enforcement was in effect to promote businesses ... that's right, businesses just like the ones on my block, where the rules against sweeper obstruction are being enforced, or at the very least, where tickets are being written, whether not there is any intent to collect the fines.

I got the ticket, and I’ll pay the fine.

The question: Why should I?

When there is a stated policy of non-enforcement within areas that are only vaguely defined, what is the rationale for enforcement elsewhere?

Anywhere?

If the rationale for non-enforcement downtown (whatever that really means) is the proximity of businesses, shouldn’t that rationale apply throughout the city?

If downtowners who have serially refused to pay their parking fines for decades announce their evasive intentions on local television, and are not prosecuted immediately, why should I feel any obligation whatsoever to drop my twenty-spot in the slot?

Yet, I do. It’s something in my upbringing. Granted, that’s twenty fewer clams to be deposited with local businesses downtown, but heck, I just consider it a token of my esteem for a New Albanian process so random, convoluted and inexplicable that it nostalgically reminds me of the feudal nonsense prevalent in Old Albania.

---

Neighborhoods lying in, outside or near downtown, depending on today’s variable definition of downtown, historically have served as laboratories for non-enforcement of a different variety.

Slumlord empowerment blocs and the occasional derelict private dwelling have freely ignored basic codes pertaining to building appearance, sanitation and safety, and pretend-leaders like the soon-to-be-mercifully-retired Steve Price have abetted the extractive shtick.

Nowadays, the city seem to be doing a slightly better job of it, although there always seems to be greater interest in the last resort of demolishing those properties allowed to deteriorate through previous non-enforcement regimes. Little time is devoted to filling the holes left behind, but then again, this is New Albany: One thing at a time, please, and you’d best give us five or six years to accomplish it.

Like basic exterior repairs. I’m continually amazed by prominent examples of neglect that go completely unaddressed. Almost every day, I walk or bike past Williams Plumbing* on the northeast corner of E. Spring and 9th. If I’m not mistaken, long ago it was Cora Shrader’s Shoppe, a nicely maintained corner property.

Now it is a scantily maintained, increasingly dilapidated eyesore used exclusively for what amounts to industrial storage. Extreme weather over a period of years has torn hunks of siding away from both sides of the house, exposing the wood. Worse, the company’s big trucks tend to be parked right on Spring Street, consistently impeding the view of motorists approaching southbound on 9th.

Do these trucks get ticketed when they block the street sweeper, or does the invisible, undefined, non-enforcement Green Line come into play?

Is it downtown or midtown?

Lowdown, or down low?

If there is ticketing, does Williams Plumbing pay the tickets?

Can a building crying out for code enforcement scrutiny be any more prominently located than this one, or do the code enforcers just shut their eyes two dozen times a day while driving past it?

If readers can answer any of these questions, they’ll enter a drawing for a $175,000, studio-sized condo overlooking the river … in downtown Tirana, Old Albania. Play your cards right, and the neighborhood Mullah might save you a parking space.


* Williams Plumbing finally repaired the exterior in 2012. The trucks continue to block sight lines at 9th and Spring. 

Tuesday, June 24, 2014

A city courageously keeping its citizens safe from threatening structures?


(submission)

Less than a block away from the "threatening structure" at 922 Culbertson, the city allows this "structure" to be used as a "home", allows it to be "built" slowly without a building permit, considers roofing felt to be a suitable exterior wall covering, and allows people to "live" in a "home" that in any reasonable municipality would be rightfully condemned. The city has allowed this to drag on for years, just a few feet from a structure that doesn't need $300,000 for renovation.

The SEJ block grant slush fund inflated contractors estimates, it appears.

This is allowed (endorsed) while an important piece of neighborhood history must be demolished?


Hypocrisy, pure and simple. Somebody wants to build shiny laundromat in the neighborhood. Slumlords demand clean clothes, after all.

Saturday, June 21, 2014

Selective public safety interpretations, volume the infinity.


I see a detour sign on the left side, but not the right.


Hmm. Still nothing.


Wait -- there it is. You just couldn't see it for the plumbing truck.


Is the city of New Albany genuinely concerned with public safety?

When the plumbers park their trucks on the street, intersection sight lines are blocked. This is not in the interest public safety.

The city does nothing.

Except create vacant lots?

Wednesday, May 14, 2014

Municipal hypocrisy shifts into unmistakable gear with 20 mph speed limit on Rosenbarger Allee, sidewalk repair rationalization.

Where the rest of us live.

Wes Christmas thought it through, and now the traffic displaced from Main will "whiz" even faster on Spring, and as the sincerely myopic Mr. Hawkins correctly notes, it's the city's responsibility to enforce it.

But, as we know, Main Street is "special," and those residents who live along Market, Spring and Elm, who have brought precisely this same complaint before city officials numerous times before as it pertains to the situation on their streets, continue to be ignored.

And Jeff Gahan's team cannot begin to explain why, and has not even tried. 

Then there's the sidewalk upgrade issue presented by Bill Cash, who evidently does not live close enough to Rosenbarger Allee to merit the lavishness.

If I have any say in the matter while writing the history of New Albany's contemporary era, Warren Nash's quote in response to Cash will never be forgotten: "That’s our goal. To not have blighted areas."

Really, Warren? If so, the scale by which you'll be graded might not resemble the curve you assume. 

But that's okay. As long as the Democratic Party doesn't give a damn, why should you, or for that matter, anyone else?

Speed limit lowered to 20 mph on Main Street in New Albany

Speed limit lowered to 20 mph on Main Street in New Albany; Affected area includes work zone

By Chris Morris (Tuscaloosa Plain Dealer)

 ... Wes Christmas, with Clark Dietz Inc. — the engineering firm which designed the East Main Street improvement project — asked the New Albany Board of Works on Tuesday to lower the speed limit from 30 mph to 20 mph in the work zone, from East Fifth Street to Vincennes Street. The board unanimously approved the request (after) J.B. Hawkins, who lives off East Main Street, told the board he was concerned with vehicle speed with construction crews working nearby.

“People need to get in the habit of slowing down on Main Street,” Hawkins said after the meeting. “People are still whizzing down Main. Now it’s a matter of the police department enforcing it.”

Dude, couldn't you just buy a house by the Culbertson Mansion?

Resident raises concerns about sidewalk conditions in New Albany

Resident raises concerns about sidewalk conditions in New Albany; Man calls stretch of East 18th Street one of the worst in city

By Daniel Suddeath (Coupon Digest of Montgomery)

NEW ALBANY — Sandwiched between East Main Street and the Ohio River, New Albany resident Bill Cash said a stretch of roadway needs sidewalks and other improvements ...

... With the city undertaking a $2.3 million improvement project to East Main Street, Cash said other areas should also be considered for upgrades.

“If you could do a whole street of Main Street, can’t you do one block of 18th Street,” he asked ... Warren Nash, president of the New Albany Board of Public Works and Safety, said the city has the opposite aim.

“That’s our goal. To not have blighted areas,” he said.

Tuesday, May 06, 2014

Another malfunctioning metaphor for downtown quasi-walkability.


In terms of walkability, the intersection of Spring and 15th is decidedly below standard.


Some of the crossing lights work, and others don't. Several of the crossing request buttons are rotten to the touch, and obviously unworkable.

What's more, it's been this way for a long time.

Ironically, the stop light at this same intersection marks the beginning of the only periodically (coin flip?) enforced drag strip on Spring Street, from 15th to 7th.

Maybe some day the Board of Works will take note. We neighborhood residents can dream.



Friday, April 11, 2014

Why must the city of New Albany wait to take control of its own lawless street grid?

Over at The 'Ville Voice, Jake makes a comment quite applicable to New Albany's seemingly unreformable one-way street grid. It begins innocuously ...

Hoping to slow traffic and make the ride easier and safer for bicyclists and pedestrians, city officials are putting a handful of local streets on a “road diet.” 

 ... before honing in for the kill:


Since these streets aren’t used by East Enders trying to speed through what they perceive as the ghetto, it shouldn’t be too big of a deal. [C-J/AKN]


That's the essence of it: Those who don't actually live there, complaining vociferously because they've been slightly inconvenienced during the daily speed-through.

And yet, even as we await the forthcoming Jeff Speck street study, the city of New Albany is unable (read: unwilling) to so much as attempt enforcement when it comes to daily ordeal of phenomenons such as the escalating heavy truck traffic on Spring Street.

Granted, an attitude of "let's wait for Speck" is reasonable if (a) the study he produces will be taken seriously, apart from the sniffing of Democratic Party grandees -- by no means assured given the terrified timidity of the ruling elite -- and (b) if it means waiting just a bit on political patronage projects like the farmers market payback.

But the current daily situation on Spring Street is patently unsafe, and getting more so by the day ... so, must the city "wait for Speck" to discharge its bare minimum obligation to ensure that its citizenry isn't squashed like bugs on an unregulated arterial street?

Or must we wait ... again ... for uncounted years? The city can take control of the streets as they are, right now, anytime it chooses. It does not choose.

Why is that?

Tuesday, April 01, 2014

Street sweeping begins on April Fool's Day. Selective enforcement? That's every day.


On which side of the green line do you park?

Trouble is, no one  -- board of works, police or politicians -- will tell us where to draw the green line that demarcates enforcement and non-enforcement.

If you live on my house's side of the line, tickets are issued for blocking the street sweeper. If you live on the other side, nearer the epicenter, where parking is so crucially important that we've removed all value from it, you'll receive no ticket for leaving your car in the same spot the remainder of the summer.

Always remember: Doug England established this precedent of selective non-enforcement. If and when he runs for mayor again, ask him why he did it and how on earth it helps to have tickets one place and not in another, when no one knows which spot is which.

And then there's this: Why is selective enforcement still the policy of the Gahan administration, which in large measure came into being owing to disgruntlement with Hizzoner's third term?

There is April Fool's Day, and then there's every other day of the year. The punch line: When it comes to selective enforcement, every day is the same, and we're all fools for tolerating it.

Thursday, May 03, 2012

Five questions: Why are we tolerating selective enforcement?



My neighbor is a dentist, and the vehicle ticketed yesterday (for blocking the street "sweeper") is one of his customers.

Some time back, former mayor Doug England told downtown merchants (I'm one) that he'd help them by suspending enforcement of parking rules, and so downtown, the ticket shown above is not being issued, even though there's a new mayor and a new team.

And yet the dentist's office is a business, too, and so are many others in the city which are not located downtown.

1. What is the status of parking enforcement downtown?

2. Is it official city policy that some businesses are more deserving of assistance than others?

3. Why is street "sweeping" a sacred cow, anyway?

4. What status is enjoyed by the enforcement officers (shown above), and are they actual police or some form of adjunct?

5. Can we expect any of these questions to be answered prior to 2013?



Friday, April 27, 2012

Selective enforcement continues as the weeks drag on.


On Thursday, I spotted the traffic enforcement truck (is it a real cop, or is it a Sears cop?) following the street "sweeper" and issuing tickets on the south side of Spring Street -- in the instance pictured here, right in front of a retail business.

But just a bit further down the street, in "downtown," tickets have not been issued for months, since the former mayor acted to protect downtown businesses and customers by suspending enforcement of parking infractions.

Sadly, it looks like selective enforcement still is the norm in New Albany.