Boardwalk Laws

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 Dear Editor:

We are once again confronted with unlawful behavior by Parks management under the supervision of Queens Commissioner Michael Dockett.

Parks says that motorized vehicles, other than wheelchairs and their Parks vehicles, are prohibited on the boardwalk. Even police cars are prohibited, they claim.

The only problem with their claim is that is not the law. In New York State, we have a law titled the Vehicle and Traffic Law (VTL). The VTL supersedes every other state and local law regarding the use of motor vehicles and motorcycles. Among other things, it adopts the Manual on Uniform Traffic Control Devices (MUTCD). The MUTCD has some very simple requirements for regulatory signs. They must be retro-reflectorized; They must have black text on a white background; The sign must be posted 7' above its base (pavement, etc.).

The black on yellow signs that Parks has posted meet none of these requirements. Further, the NYC Administrative Code provision that Parks relies on does not prohibit motor vehicles, properly registered motorcycles, or bikes with maximum speeds below 15 mph from use of the boardwalk.  And it relies on suits in Civil Court, not issuing summonses for enforcement.

The real question is, why wasn't Mike Dockett, who previously headed he Parks Enforcement Patrol (Park Police), fired years ago?

Eugene Falik

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