Disobeying Park Sign (Sec:1-03 Sub:C2)

[abc_bed]

What is the name of your state (only U.S. law)? NY

Hello,

I was recently walking in the park around 5:25PM (it was already dark) when two police officers stopped me and issued a summon for disobeying park sign (sec:1-03 sub:C2 misdemeanor:"Disobey Park Sign", summon part: AR6). Apparently there is a sign, which I didn't see, stating that that particular road is closed after sunset.

Since it is my first time getting a summon I'd like to ask your advice. Should I plead guilty/not-guilty ? Will I get a fine / criminal record ?

Thanks in advance.

 

[Proseguru]

If you think that this is trivial, think again. It is punishable by jail time & it is not a civil infraction but a criminal charge.

You need a lawyer. Tell your lawyer you did not see the sign. See what he says.

 

[You Are Guilty]

Go back and check the sign to see if that road was truly closed at the time you were ticketed. (If not, get lots of pictures). Either way, plead not guilty.

Go to court, see what deal they are offering. While technically a potential misdemeanor, you'll likely be offered anything from an ACD to a discon/some other "violation" (which is not considered a "crime"). See what strikes your fancy. If you don't like any of the deals, just tell the judge you'd like to come back in a month so you can retain a lawyer - then do it.

Good luck, and let us know how it goes.

 

[abc_bed]

Thanks for replies.

The road was not closed just a sign on the top of the tree (or pipe) which is hard to notice in the dark.

 

[You Are Guilty]

If the signage really is that poor, take photos of it (from multiple angles) and hope you get a sympathetic judge.

 

[Zigner]

If the signage really is that poor, take photos of it (from multiple angles) and hope you get a sympathetic judge.

...and OP should be prepared to explain why he wasn't being more diligent in paying attention to his surroundings after dark.

 

[You Are Guilty]

Stranger things have happened. One can get out of a stop sign ticket (and even liability for the ensuing crash), if one can prove that, for example, a city tree obscured the sign and there are no pavement markings.

Somehow I suspect the signage at the park is relatively visible though.

 

[Zigner]

Stranger things have happened. One can get out of a stop sign ticket (and even liability for the ensuing crash), if one can prove that, for example, a city tree obscured the sign and there are no pavement markings.

I agree

Somehow I suspect the signage at the park is relatively visible though.

I agree with this too

 

[HighwayMan]

If you think that this is trivial, think again. It is punishable by jail time & it is not a civil infraction but a criminal charge.

How do you know this? What law was the OP charged with violating?

 

[HighwayMan]

OP was charged with "Failure to comply with directions/prohibitions on signs" (56 RCNY 1-03(c)(2)).

This is not a misdemeanor - it is a violation of the NYC Parks Department Rules and Regulations. It falls under the jurisdiction of the Environmental Control Board, NOT the Criminal Court.

Who issued this summons? NYPD or Park Enforcement?

The mail-in penalty to the ECB is $50 with a maximum fine of $100.

 

[You Are Guilty]

OP was charged with "Failure to comply with directions/prohibitions on signs" (56 RCNY 1-03(c)(2)).

This is not a misdemeanor - it is a violation of the NYC Parks Department Rules and Regulations. It falls under the jurisdiction of the Environmental Control Board, NOT the Criminal Court.

Who issued this summons? NYPD or Park Enforcement?

The mail-in penalty to the ECB is $50 with a maximum fine of $100.

Check the original post - it's apparently returnable in AR6.

 

[abc_bed]

Who issued this summons? NYPD or Park Enforcement?

It was issued by the police officers. They also explained me that the reason of this summon is to discourage people walking in the park (in that particular part) after dark since several infractions occurred in the area.

 

[abc_bed]

> Somehow I suspect the signage at the park is relatively visible though.
I agree with this too

I came back to check the sign and you can see it if you know where to look (small and hardly visible in the dark). I would assume most of the people wouldn't notice it either.

 

[You Are Guilty]

This is a world of difference between "hardly visible" and "not visible", but take pictures anyway and hope for the best.

 

[abc_bed]

Go back and check the sign to see if that road was truly closed at the time you were ticketed. (If not, get lots of pictures). Either way, plead not guilty.

Go to court, see what deal they are offering. While technically a potential misdemeanor, you'll likely be offered anything from an ACD to a discon/some other "violation" (which is not considered a "crime"). See what strikes your fancy. If you don't like any of the deals, just tell the judge you'd like to come back in a month so you can retain a lawyer - then do it.

Can I request to reschedule the hearing (get a lawyer) if the judge insists on "guilty" ?

How should I best present my case in front of the judge ? Can I insist on ACD/discon ?

Thanks for your advices.