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  1. #1
    Join Date
    Jul 2009
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    1

    Default Possession of Glass in a New York City Park

    My question involves criminal law for the state of: New York


    A new park opened up in new york city called the Highline Park. I had a bottle of wine and got stopped by a park ranger. At first i was given a $25 fine (just an ECB violation) but after questioning it, the ranger wrote another ticket which was a summons to appear in court for having glass in the park. This was not an open container, it was for having glass in the park.

    After getting my ticket, I looked at all the signs at the entrances to the park where rules are displayed and none of them said anything about glass. I checked online at the nyc parks rules (http://www.nycgovparks.org/sub_about...s/rr_1-04.html) and it says certain parks may have restrictions on glass - not that glass is restricted in all parks.

    One lawyer I talked to said he had never heard of a criminal offense for having glass in a park.

    Can someone please let me know what they think of this? I'm applying to schools and am concerned about this showing up on my record. Trying to see what my chances of fighting this are.

    Thanks.


    Extra info: The violation written down was for 1-04 (d) and described as "possession of a glass bottle in a restricted area". Again the park had no notices that glass was actually restricted in the particular park.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Glass in a New York City Park - a Criminal Offense

    You were getting advice from a lawyer on the charge. The best person to ask about possible resolutions of the charge that won't affect your future is your lawyer.

    You will need to investigate whether Highline Park in fact has rules against glass. I don't even see it listed on the NYC Parks & Recreation website.

    Quote Quoting Parks & Recreation, Rule §1-07 - Penalties
    1. Any violation of these Rules other than Rule 1-04 (b)(1)(i) shall constitute a misdemeanor triable by the Criminal Court of the City of New York and punishable by not more than ninety days imprisonment or by a fine of not more than $1,000, or by both, in accordance with § 533(a)(9) of Chapter 21 of the New York City Charter.
    2. Any violation of Rule 1-04 (b)(1)(i) shall constitute a misdemeanor triable by the Criminal Court of the City of New York and punishable by not more than one year imprisonment or by a fine of not more than $15,000, or both.
    3. Any violation of these Rules shall also constitute a violation triable by the Environmental Control Board and punishable by a civil penalty of not more than $10,000, in accordance with §533(a)(9) of Chapter 21 of the New York City Charter.

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