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Legal analysis

Rules regarding the legal use of parking spaces are published in The Official Compilation of the Rules of New York, 34 § 4-08. Parking is reserved for vehicles, defined by § 4-01 (b) as "Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks" — that obviously excludes bicycles and even the human-powered parkmobile. Furthermore, § 4-08 (h) (7) species that "It shall be unlawful for any person to … prevent any vehicle from parking on a public street … by placing any box, can, crate, hand-cart, dolly or any other device, including unauthorized pavement, curb or street markings or signs in the roadway."

Legal response

Transit Alternatives' recommended response to law enforcement or other governmental response, in order of preference:

  1. Ask for a citation (Transit Alternatives will pay the fine and help you fight the ticket).
  2. Appeal to officers' sense of civic responsibility.
  3. Follow officers' instructions by moving and/or removing the park.


Additionally, individual police precincts can allow in-street activities that do not obstruct the flow of traffic or pedestrians and do not cause a disturbance. Past experience with unrelated events has been that when the precinct is kept in the loop, they can be very helpful, even marking areas "No Parking" in advance. Contact the Community Affairs officer in the precinct where your plan to set up your "park".

  • If you know what precinct your "park" is in, you can find phone numbers for that precinct by going to the NYPD homepage and selecting the applicable precinct from the list at the very bottom of the page.
  • If you don't know what precinct applies, you can enter the location in the NYC CityMap and check the "Police" box, or call 311 and they may be able to help.

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Created August 3, 2007 by solar1
Edited July 3 by llusher

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