Photo Courtesy of Sen. Peralta’s Office
Peralta (l.) and Barnwell said that City agencies, under the proposed legislation, would be mandated to develop a list of violations where photographs typically serve as evidence of an offense.
By Forum Staff
Two elected state officials recently unveiled new legislation that would require City agencies to obtain photographic evidence when issuing summonses for certain civil violations that are reviewed by the City Office of Administrative Trials and Hearings.
According to State Sen. Jose Peralta (D-East Elmhurst) and Assemblyman-elect Brian Barnwell (D-Woodside), under their proposal, City agencies would be mandated to develop a list of offenses where photographs typically serve as evidence of that violation. For instance, Peralta and Barnwell said, civil infractions such as those involving the accumulation of garbage on sidewalks, the presence of vermin at eateries, or states of disrepair that violate the City Construction Code all lend themselves to proof through the use of photos by enforcement officials. Once a City agency determines that a particular violation should appear on a list of those covered by the legislation, the pols said a photograph of the conditions underlying the violation must be obtained. If photographic evidence of a violation is not submitted, enforcement officers will have to indicate the reason why on the face of the summons. Using the website already maintained by OATH, respondents will then have the ability to easily view photographs collected by enforcement officials, should they wish to proceed with an appeal.
Peralta said the legislation will preserve New Yorkers’ ability to appeal summonses, while also safeguarding the City’s law enforcement goals and pecuniary interests, when a valid summons has been issued.
“This legislation is about fairness, it is about transparency,” Peralta added. “Again, this is another example of how government can catch up to technology. New Yorkers already document everyday life situations with their cell phones or other electronic devices. There is no reason that enforcement officers cannot have proof of a violation by snapping a quick photo with a cell phone or a tablet. The use of photographic evidence will level the playing field, and allow all parties to accurately address the substance of cases appearing before the OATH tribunals.”
The senator and assemblyman-elect said that City agencies covered by the bill will be responsible for establishing internal procedures relative to the collection of photographic evidence to document violations that fall under their jurisdiction.
“When individuals receive citations, they should receive photographic evidence detailing their alleged violation,” Barnwell said. “People will now have the ability to see the evidence alleged against them. This bill will promote transparency and justice. I want to thank Senator Peralta for leading on this issue in the Senate.”
Peralta and Barnwell noted that during Fiscal Year 2016, the Hearing Division of the Environmental Control Board of OATH reviewed more than 700,000 summonses. However, 406,914 of the summonses – 58.1 percent – were dismissed. During that period, the Department of Sanitation issued approximately 463,000 tickets for infractions such as the posting of leaflets on car windshields, the failure to recycle, and the removal of snow and ice from sidewalks.
“There is simply no reason for these matters to continue to be adjudicated by a legal standard of ‘he said, she said,’” Peralta offered.
