a. Definitions. For the purposes of this section, the following terms shall have the following meanings:
1. "Boot" or "booting" shall mean the act of placing on a parked motor vehicle a mechanical device that is designed to be attached to the wheel or tire or other part of such vehicle so as to prohibit its usual manner of movement;
2. "Person" shall mean any individual, partnership, corporation, association, firm or other business entity; and
3. "Private street" shall mean every way or place in private ownership that is used for vehicular travel by the owner and those having express or implied permission of the owner or that may be used by the public for vehicular travel.
b. Except as provided in paragraph two of subdivision a of section 20-531 of this code, no person shall engage in booting unless such person is licensed by the department of consumer and worker protection pursuant to subchapter 32 of chapter 2 of title 20 of this code and any rules promulgated pursuant thereto.
c. 1. No motor vehicle may be booted unless a sufficient number of signs is conspicuously posted and maintained by the owner of the property in the form, manner and location prescribed by rule of the commissioner of consumer and worker protection and this subdivision. Such signs shall contain such information as the commissioner of consumer and worker protection shall prescribe in such rule including, but not limited to, the word "warning," the name, business address, business telephone number and license number of the person authorized by the property owner to boot the vehicle, the hours during which and the circumstances under which vehicles are prohibited from parking on such property and are subject to booting or towing, if applicable, the fees to be charged for booting and the telephone number of the office within the department of consumer and worker protection responsible for receiving complaints regarding booting. The word "warning" on such signs shall be in letters not less than five inches high and shall be in the color red and the lettering on such signs stating the hours during which and the circumstances under which vehicles are prohibited from parking on such property and are subject to booting shall be not less than two inches high. The lettering on such signs which provides the name, business address, business telephone number, and license number of the person authorized to boot the vehicle, the fees to be charged for booting and the department of consumer and worker protection telephone complaint number, shall be not less than three-fourths of an inch high.
2. Notwithstanding paragraph one of this subdivision, the provisions of this subdivision shall be satisfied with respect to a private street if (i) a sign containing the information required by this subdivision is posted and maintained by the owner of such private street at each place where such private street intersects a public street and such signs are situated in such a manner as to be readily visible and readable by the operator of a motor vehicle traveling from a public street onto such private street, and (ii) there are also a sufficient number of signs on every other private street that is in the same ownership stating that vehicles parked on such street without the permission of such owner may be booted and containing the business telephone number of the person authorized by the owner to boot the vehicle, which signs are readily visible and readable by an operator of a motor vehicle traveling on such street.
3. No charge for the release of a vehicle that has been booted in excess of that which is contained in the signs required by this subdivision may be imposed.
4. No motor vehicle shall be booted by a person licensed by the department of consumer and worker protection pursuant to subchapter thirty-two of chapter two of title twenty of this code and any rule promulgated pursuant thereto unless such licensee has been authorized to boot such motor vehicle pursuant to a written contract between such licensee and the owner, lessee, managing agent or other person in control of the property on which such motor vehicle is parked. Such contract shall also provide that such owner, lessee, managing agent or other person in control of the property shall be liable for any violation by such licensee or his or her employees or agents of any of the provisions of this section or of subchapter thirty-two of chapter two of title twenty of this code or of any rules promulgated pursuant to this section or such subchapter.
5. An owner, lessee, managing agent or other person in control of property who has entered into a written contract with a person licensed by the department of consumer and worker protection pursuant to subchapter thirty-two of chapter two of title twenty of this code authorizing such licensee to boot motor vehicles parked on such property shall be liable for any violation by such licensee or such licensee's employees or agents of the provisions of this section, of subchapter thirty-two of chapter two of title twenty of this code or of any rules promulgated pursuant to this section or such subchapter.
6. Paragraphs four and five of this subdivision shall not apply to the booting of motor vehicles on a private street.
d. In addition to the provisions of subdivision c of this section, no motor vehicle may be booted (1) unless such vehicle is unlawfully parked; (2) where such vehicle is occupied by any person or live animal; (3) when such vehicle is parked on the roadway side of a vehicle stopped, standing or parked at the curb; (4) where such vehicle is parked in a fire lane, or in front of or immediately adjacent to a fire hydrant, fire connection or building emergency exit; (5) unless the express written authorization of the owner of a private driveway blocked by such vehicle has been obtained, which authorization includes the location, make, model, color and license plate number of such vehicle; (6) if such vehicle is an ambulance, correction vehicle, police vehicle, fire vehicle, civil defense emergency vehicle, emergency ambulance service vehicle, environmental emergency response vehicle, sanitation patrol vehicle, hazardous materials emergency vehicle, ordinance disposal vehicle of the armed forces of the United States; and (7) where such vehicle bears a special vehicle identification parking permit issued in accordance with the provisions of paragraph 15 of subdivision a of section 2903 of the New York city charter or issued in accordance with the provisions of section 1203-a of the vehicle and traffic law, or "MD" New York registration plates.
e. Immediately after a vehicle is booted, the person booting such vehicle, the owner of the property where such vehicle was booted, or an employee or agent of such person or owner, shall affix at the rear-most portion of the window adjacent to the driver's seat of such vehicle a sticker measuring eight and one-half inches by eleven inches containing a warning that any attempt to move the vehicle may result in damage to the vehicle, and stating the time the vehicle was booted and the name, business address and the license number of the person who booted such vehicle as well as a business telephone number which will facilitate the dispatch of personnel responsible for removing the boot.
f. No release or waiver of any kind purporting to limit or avoid liability for damages to a vehicle that has been booted shall be valid. In addition, any person who booted a vehicle, or other person authorized to accept payment of any charges for such booting, shall provide a signed receipt to the individual paying the booting charges at the time such charges are paid. Such receipt shall state the name, business address, business telephone number and license number of the person who has booted such vehicle as such information appears on the license to engage in booting, and such receipt shall also include a telephone number for the office within the department of consumer and worker protection responsible for receiving complaints with respect to booting.
g. No charge shall be imposed for the booting of a vehicle when any person has committed a violation of this section, subchapter thirty-two of chapter two of title twenty of this code or any rules promulgated pursuant to this section or such subchapter with respect to such vehicle, and any such unlawful charge shall be reimbursed by any person liable for a violation of this section.
h. Any person who has booted a motor vehicle shall release such vehicle within thirty minutes of receiving a request for such vehicle's release; provided, however, that payment of any charge for booting is made at or prior to the time of such vehicle's release. The owner or person in control of a vehicle which has been booted by a licensee or such licensee's employee or agent shall be permitted to pay any charge for booting at the location where such vehicle was booted and the licensee, or other person authorized to accept payment, shall accept such payment in person by credit card in accordance with generally accepted business practices.
i. Any person who violates any provision of this section or any rule promulgated pursuant thereto shall be liable for a civil penalty of not less than five hundred nor more than one thousand dollars.
j. Authorized employees of the department, or the department of consumer and worker protection, or any police officer, shall have the power to enforce the provisions of this section and any rules promulgated pursuant thereto and the department of consumer and worker protection shall be authorized to impose the civil penalties provided for in this section, may arrange for the redress of any injuries caused by violations of this section and may otherwise provide for compliance with the provisions and purposes of this section.
k. The commissioner of consumer and worker protection is authorized to promulgate such rules as the commissioner deems necessary to effectuate the provisions of this section.
l. The provisions of this section shall not apply to the booting of a motor vehicle by:
1. The city, any other governmental entity, or a person acting under the direction of the city or such governmental entity, where such booting is authorized by any other provision of law or any rule or regulation promulgated pursuant thereto; or
2. Any person who has a lien pursuant to section 184 of the lien law and who detains such motor vehicle in his or her lawful possession.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/024 and L.L. 2020/080.