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| Photo: Linda Mussmann|Facebook |
COPYRIGHT 2018 CAROLE OSTERINK
Thursday, October 18, 2018
The Penalty for Creating Your Own Crosswalks
Bill Williams of 98.5 The Cat reports this evening that Fourth Ward supervisor Linda Mussmann, Claudia Bruce, former Second Ward supervisor Ed Cross, and Peter Spear have been charged with making graffiti and given appearance tickets by the Hudson Police Department for taking it upon themselves to paint crosswalks at the intersection of Third and State streets: "Tickets issued in illegal Hudson crosswalk case."
The four are scheduled to appear in City Court on November 8.
COPYRIGHT 2018 CAROLE OSTERINK
COPYRIGHT 2018 CAROLE OSTERINK
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Carole
ReplyDeleteThere is a lot of confusion about the law of crosswalks and pedestrian right of way.
Your headline assumes that there is no pedestrian right of way if there is no crosswalk.
It also implies that to paint a crosswalk is an effort create a pedestrian right of way that did not previously exist. It doesn’t appear to be that clear, however.
Instead, it is more accurate to describe a spray-painted crosswalk as an act of civil disobedience that made visible a right of way and a right to the streets that already exists, but simply hadn’t been supported by the city.
A quick look at NYS law includes the following definitions :
https://www.ny.gov/pedestrian-safety/additional-information
"What is considered a crosswalk?
A crosswalk is any area distinctly indicated for pedestrian crossing by lines or other pavement markings.
A crosswalk also is any part of the road at an intersection between the curbs on opposite sides of the roadway or, if there are no curbs, between the edges of the road. This area is considered a crosswalk, whether or not it is marked as one."
And
"When do pedestrians have the right of way?
Pedestrians have the right of way in all crosswalks and at intersections with marked or unmarked crosswalks."
The charges claim that the lines are illegal because they were “graffiti” and “marked city property” - not because they misrepresented the legal rights of pedestrians to be given the right of way.
This feels like an important distinction to make.
we have these vicious evil-doers to thank for there being actual crosswalks finally installed by DPW -- 4 at 2nd & State, and 4 at 3rd & State. There are several more that need installing, especially on the truck route. Shouldn't there also be a penalty for NOT installing crosswalks that might save someone's life?
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