News

Sep 28, 2023

Judge's ruling invalidates some Albany parking tickets

A residential parking permit sign is seen on Monday, March 9, 2020, on State

A residential parking permit sign is seen on Monday, March 9, 2020, on State Street near the Capitol in Albany. A decision out of Albany city traffic court could invalidate some outstanding parking tickets in the city. (Will Waldron/Times Union)

ALBANY – A decision out of city traffic court could invalidate some outstanding parking tickets in the city.

City Court Judge Ricja Rice ruled in a March 20 decision that one individual's city-issued parking tickets failed to follow state law requiring tickets to describe the violation they are issued for, including any applicable traffic rule the driver violated. If that information is omitted, illegible or misdescribed, the ticket can be dismissed under state law.

The ruling stems from a case in which Krzysztof Wendland, an attorney, challenged seven parking tickets he received from Dec. 2020 through Dec. 2021. Wendland was cited multiple times for parking along city streets that require a residential parking permit and along streets during times where no parking is allowed.

Rice noted that from the tickets themselves she could not determine what rule Wendland was accused of violating.

"…neither the exact citation, nor the factual allegations contained in the People's affirmation referring to the failure to display a valid parking permit, are present on the notice of violation presented to the defendant," Rice wrote.

Rice's decision opens the door to other drivers challenging the validity of their parking tickets.

The city's residential permit parking system was created in 2013 to deal with commuters flooding residential street parking, especially around large employers such as state government and Albany Medical Center Hospital. The system requires a permit to park for more than two hours in a spot in specific zones around the city's downtown.

Wendland's attorney, Sean Moran, said the decision showed that the city had long failed to follow state Vehicle and Traffic laws when it came to issuing parking tickets.

"It's concerning that the city of Albany has been able to get away with these illegal practices for so long," he said in a statement.

Mayor Kathy Sheehan's spokesman David Galin said the city was disappointed in the ruling and was evaluating its options, including a potential appeal.

"Every parking ticket appeal is evaluated independently, however we are confident outstanding parking tickets will ultimately be enforceable," he said in a statement.

Rice dismissed the charges without prejudice, meaning the city could potentially re-issue the violations with the correct citation under state law.

"It's my hope that this case will shed light on the city of Albany's practices and lead to positive change," he said.