a. When parking is not otherwise restricted, no person shall park a commercial vehicle in excess of three hours, unless otherwise indicated by a posted sign. For purposes of this section, the term commercial vehicle has the same meaning as set forth in the rules of the department.
b. Notwithstanding the foregoing, no person shall park a commercial vehicle on a residential street from 9 p.m. to 5 a.m. For the purpose of this subdivision, residential streets are defined as those streets, or parts thereof, which are located within a residential district under the zoning resolution. Where a commercial vehicle is parked in violation of this subdivision, it shall be an affirmative defense to said violation, with the burden of proof on the person who received the summons, that he or she was actively engaged in business at the time the summons was issued at a premises located within three city blocks of where the summons was issued. This subdivision shall not apply to vehicles owned or operated by gas or oil heat suppliers or gas or oil heat systems maintenance companies, the agents or employees, thereof, or any public utility.
c. 1. Except as otherwise provided in paragraphs 2 and 3 of this subdivision, a violation of this section shall be punishable by the monetary fine authorized for violation of the rules and regulations of the commissioner in paragraph 1 of subdivision a of section 2903 of the charter.
2. A first violation of this section, when the commercial vehicle is a tractor-trailer combination, tractor, truck trailer or semi-trailer, shall be punishable by a monetary fine of $250. Any such subsequent violation of this section by the same owner, as defined in paragraph a of subdivision 1 of section 239 of the vehicle and traffic law, within a six month period shall be punishable by a monetary fine of $500.
3. As an alternative to any other means of enforcement of this subdivision authorized by law, a first violation of subdivision b of this section, when the commercial vehicle is a tractor-trailer combination, tractor, truck trailer or semi-trailer, shall be punishable by a civil penalty of $400. Any such subsequent violation of subdivision b of this section by the same owner, as defined in paragraph a of subdivision 1 of section 239 of the vehicle and traffic law, within a six month period shall be punishable by a civil penalty of $800. Such civil penalties shall be recoverable in a proceeding before the office of administrative trials and hearings.
d. Any commercial vehicle parked in violation of subdivision a or b of this section shall be subject to impoundment by the department. Any motor vehicle impounded pursuant to the provisions of this subdivision shall not be released until all applicable towing and storage fees have been paid. The commissioner shall be authorized to promulgate regulations concerning the procedure for the impoundment of vehicles.
e. The sanctions and fees provided for in this section shall be in addition to any other sanctions, fees or remedies provided by law or regulation.
(Am. L.L. 2019/074, 4/28/2019, eff. 8/26/2019; Am. L.L. 2021/167, 12/24/2021, eff. 6/22/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.