NYC -ECB ticket

[PrinceCharming]

My friend was out of town for two months. He received a ticket violation code 16-118(2)(a). Can he submit a claim that he was on vacation the the violation occured and be found not guilty?

I know this is for parking, but technically this is a non-moving violation

[moburkes]

Originally Posted by PrinceCharming

My friend was out of town for two months. He received a ticket violation code 16-118(2)(a). Can he submit a claim that he was on vacation the the violation occured and be found not guilty?

I know this is for parking, but technically this is a non-moving violation

Sure he can. He won't win.

[PrinceCharming]

Did you notice it was one question?

Can he submit a claim that he was on vacation the the violation occured and be found not guilty?

Yet you gave me two answers.

1) Sure he can. 2) He won't win.

[moburkes]

Originally Posted by PrinceCharming

Did you notice it was one question?



Yet you gave me two answers.

Yes, I did. I'll re-do it.

Can he submit a claim that he was on vacation the the violation occured and be found not guilty?

Q: Can he submit a claim that he was on vacation?
A: Sure he can.

Q: Can he ... be found not guilty?
A: He won't win.

[PrinceCharming]

Can you support your answer?

[moburkes]

Yeah. Its hard to dispute ANYTHING in NYC nowadays. That is my support.

[You Are Guilty]

I have no idea of what 118(2)(a) is for, but since it's an ECB ticket, I'll guess that's for "dirty sidewalk". If so, try this:
http://home2.nyc.gov/html/ecb/downloads/pdf/dirty_sidewalk.pdf

[PrinceCharming]

Thanks. That was a very good and correct guess. There are two other tickets the ECB gives out frequently though. One is the recycling and the second is for trash out not on trash day.

[PrinceCharming]

I found this in Chapter 31, Subchapter G -122

§31-122 Sanitation Penalty Schedule.

SANITATION PENALTY SCHEDULE Unless otherwise indicated, all citations are to the New York City Administrative Code.
* For sections 16-118(2) and 16-122(b), a repeat violation requires 12 prior violations by the same respondent of either of these two provisions of law that have a date of occurrence within the 12 months preceding the date of occurrence of the current violation, where the violations have the same place of occurrence.
** For sections 16-118(1),(3),(4),(6), and 16-120(a),(b),(c),(d),(e), and 16-123, a second or third violation is a violation by the same respondent of the same provision of law as the previous violation with a date of occurrence within 12 months of the date of occurrence of the previous violation.
*** For sections 10-119 and 10-120, a repeat violation is a violation by the same respondent of the same section of law as the previous violation with a date of occurrence within 12 months of the date of occurrence of the previous violation.
**** For section 16-119, a repeat violation is a violation by the same respondent of the same section of law as the previous violation with a date of occurrence within 18 months of the date of occurrence of the previous violation.
***** For these transfer-station related sections, a repeat violation is a violation by the same respondent of the same subdivision of the same section of law or rule as the previous violation with a date of occurrence within 3 years of the date of occurrence of the previous violation.
****** For these medical-waste related sections, a repeat violation is a violation by the same respondent occurring within 18 months of the date of occurrence of the previous violation.
With the exception of section 10-119 (posting on a tree), and section 16-119, pursuant to §31-81(b) a late admit fee of $30.00 will be added to all the below listed penalties for a failure to submit a payment by mail, as per §31-32, within 30 days of the mailing date of the default order issued against respondent.



--------------------------------------------------------------------------------

Section/Rule
Description
Penalty
Default



--------------------------------------------------------------------------------

16-116(a)
Removal of commercial waste
100
p
100
16-116(b)
Posting of sign/permit
100

100
16-118(1)**
Littering
1st
100
450


2nd
250
450


3rd
350
450
16-118(1)**
Sweep out
1st
100
450


2nd
250
450


3rd
350
450
16-118(1)**
Throw out
1st
100
450


2nd
250
450


3rd
350
450
16-118(2)(a)*
Dirty sidewalk/dirty area
100

300
16-118(2)(a)*
Sidewalk obstruction
100

300
16-118(2)(a)*
Failure to clean 18" into street
100

300
16-118(2)(b)*
Dirty sidewalk/dirty area (vacant lot)
100

300
16-118(2)(b)*
Sidewalk obstruction (vacant lot)
100

300
16-118(2)(b)*
Failure to clean 18" into street (vacant lot)
100

300
16-118(3)**
Dust or substances flying
1st
100
450


2nd
250
450


3rd
350
450
16-118(4)**
Spilling from truck or receptacle
1st
100
450


2nd
250
450


3rd
350
450
16-118(6)**
Noxious liquids
1st
100
450


2nd
250
450


3rd
350
450
16-118(7)(a)
Interfering with DOS employee
100

300
16-118(7)(b)
Scavenging prohibited (unauthorized removal of refuse)
100

300
16-119****
Illegal dumping (Operator of vehicle)
1st
1,500
10,000
16-119****
Illegal dumping (Operator of vehicle)
2nd
5,000
10,000
16-119****
Illegal dumping (Operator of vehicle)
3rd
10,000
20,000
16-119****
Illegal dumping (Operator of vehicle)
4th
15,000
20,000
16-119****
Illegal dumping (Operator of vehicle)
5th
20,000
20,000
16-119****
Illegal dumping (Owner of vehicle)
1st
1,500
10,000
16-119****
Illegal dumping (Owner of vehicle)
2nd
5,000
10,000
16-119****
Illegal dumping (Owner of vehicle)
3rd
10,000
20,000
16-119****
Illegal dumping (Owner of vehicle)
4th
15,000
20,000
16-119****
Illegal dumping (Owner of vehicle)
5th
20,000
20,000
16-120(a)**
Maintaining receptacles
1st
100
300


2nd
100
300


3rd
200
300
16-120(b)**
Separation and weight
1st
100
300


2nd
100
300


3rd
200
300
16-120(c)**
Storage of receptacles
1st
100
300


2nd
100
300


3rd
200
300
16-120(d)**
Loose rubbish
1st
100
300


2nd
100
300


3rd
200
300
16-120(e)**
Use of City litter baskets
1st
100
300


2nd
100
300


3rd
200
300
16-123**
Snow, ice & dirt removal
1st
100
350


2nd
150
350


3rd
250
350
16-127(a)
Earth, rocks and rubbish
100

150
16-122(b)*
Street obstruction
100

150
16-122(c)
Disabled vehicle
100

150
16-118(2)*
Failure to sweep 18" from curb
100

300
16-120.1******
Improper disposal of infectious/medical waste
1st
2,500
10,000


2nd
5,000
10,000


3rd
10,000
10,000
16-117.1
Improper transport/storage/disposal of asbestos waste
1,000

10,000
16-117.1
Hazardous transportation/storage disposal of asbestos waste
10,000

10,000
10-119***
Illegal posting of handbill/notice
1st
75
200


2nd
150
200
10-120***
Defacement of City handbill/notice
1st
75
200


2nd
150
200
10-119/120***
Illegal posting/defacement of handbill (2nd offense)
150

300
10-117(a)
Illegal placement of stickers or decals on public or private property
150

500
10-119***
Posting on tree
1st
150
200


2nd
300
550
16-130(b)*****
Operating a nonputrescible solid waste transfer station without a permit
1st2nd3rd
2,5005,00010,000
10,00010,00010,000
16 RCNY 4-04 etseq.*****
Comm.'s transfer station Rule Re: nonputrescible waste
1st2nd3rd
2,5005,00010,000
10,00010,00010,000
16-130(b)*****
Operating a putrescible waste transfer station without a permit.
1st2nd3rd
2,5005,00010,000
10,00010,00010,000
16 RCNY 4-11 etseq.*****
Comm.'s transfer station Rule Re: putrescible waste
1st2nd3rd
2,5005,00010,000
10,00010,00010,000
16-130(b)*****
Operating dump/fill without a permit
1st
2,500
10,000


2nd
5,000
10,000


3rd
10,000
10,000
16 RCNY3-02 et seq.*****
Comm's Rule Re: Dump/fill operation
1st2nd3rd
2,5005,00010,000
10,00010,00010,000
16 RCNY4-32,33,34*****
Violation of transfer station Rules re: siting/hours/reports/plans
1st2nd3rd
2,5005,00010,000
10,00010,00010,000
16 RCNY 1-04
Improper disposal of regulated household waste
100

250
16 RCNY 5-06(a)(3)
Vehicle Body—Improper color
250

500
16 RCNY 5-06
Misc. Violation of vehicle body specifications
250

500
16-120.1(d)
Improper disposal of regulated household waste
50

250
16-120.1(e)******
Failure to file DEC medical waste plans
1st
2,500
10,000


2nd
5,000
10,000


3rd
10,000
10,000
16-120.1(f))******
Failure to file DEC medical waste plans/amended plans
1st2nd3rd
2,5005,00010,000
10,00010,00010,000
16-120.1(e) or(f)
Late filing of medical waste plans or reports within 30 days as per 16-120.1(i)(6)
100

250
16 RCNY11-02(a)******
Failure to file DEC Medical Waste Plans
1st2nd3rd
2,5005,00010,000
10,00010,00010,000
16 RCNY11-02(b)******
Failure to File Medical Waste Plans/Amended Plans
1st2nd3rd
2,5005,00010,000
10,00010,00010,000
16-122(b)*
Repeat violation
100

150
16-118(2)*
Repeat violation
250

300
16 RCNY 11-02(a),(b)
Late Filing of Medical Waste Plans or Reports Within 30 days as per 16 RCNY 11-02(c)
100