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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.
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.
a. Definitions. For purposes of this section, the following terms have the following meanings:
Commercial parking meter area. The term "commercial parking meter area" shall have the same meaning as set forth in the rules of the department.
Commercial vehicle. The term "commercial vehicle" has the same meaning as set forth in the rules of the department.
Parking meter. The term "parking meter" means a device which accepts payment or a credential that authorizes vehicle parking time, including, but not limited to a pay-and-display parking meter or a pay-by-plate parking meter.
1. Pay and display parking meter. The term "pay and display parking meter" means an electronic parking meter that dispenses timed receipts that must be displayed on the dashboard of a motor vehicle or in a visible and secure place on a motorcycle.
2. Pay by plate parking meters. The term "pay by plate parking meter" means an electronic parking meter that requires entry of license plate information for proper registration of payment.
Service vehicle. The term "service vehicle" shall have the same meaning as set forth in the rules of the department.
Temporary truck loading zone. The term "temporary truck loading zone" means a truck loading zone intended to be used for a set period of time during which construction staging prevents or otherwise affects use of a truck loading zone.
Truck loading zone. The term "truck loading zone" means a portion of curb space at which no vehicle except a commercial vehicle may stand or park for the purpose of making pickups or service calls, or loading or unloading goods, tools, materials, or other items pursuant to department rules and regulations.
b. The department shall regulate commercial parking meter areas with a parking meter, mobile payment system, a parking reservation system, or other means as determined by the department. No person shall park a commercial vehicle or a service vehicle, whether attended or not, in a commercial parking meter area:
1. without first purchasing the amount of parking time desired from a parking meter, mobile payment system, parking reservation system, or other means as determined by the department; or
2. in excess of three hours, unless otherwise indicated by a posted sign.
c. The department may regulate truck loading zones with a parking meter, mobile payment system, a parking reservation system, or other means as determined by the department. No person shall park a commercial vehicle or a service vehicle, whether attended or not, in such truck loading zone:
1. without first purchasing the amount of parking time desired from a parking meter, mobile payment system, parking reservation system, or other means as determined by the department; or
2. in excess of three hours, unless otherwise indicated by a posted sign.
d. The department may authorize electric or human-powered non-vehicular modes of delivery to park or stand in commercial parking meter areas, truck loading zones, and temporary truck loading zones including, but not limited to, cargo bicycles.
e. The department may promulgate rules establishing reduced parking rates for zero emission commercial vehicles, and reduced or eliminated parking rates for any authorized non-vehicular modes of delivery.
f. The department shall evaluate its paid commercial parking rules and determine whether there are locations where time limits of more than three hours are appropriate based on curb access needs and if such changes encourage delivery consolidation or reduction of truck trips.
(L.L. 2021/167, 12/24/2021, eff. 6/22/2022)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Loading zone. The term "loading zone" means a portion of curb space at which a vehicle may stand or park for the purpose of making pickups or service calls, or loading or unloading goods, tools, materials, or other items.
Neighborhood tabulation area. The term "neighborhood tabulation area" means a geographical area defined by the department of city planning for the purposes of providing neighborhood-level data.
b. The department shall establish a methodology for determining where loading zones are necessary to enhance safety and reduce traffic congestion, considering factors including, but not limited to, commercial and residential density as well as requests from city elected officials and members of the public, and shall publish such methodology on the department's website. The department shall install at least five loading zones annually in every neighborhood tabulation area that meets this methodology, provided that, for each of the first three years following the effective date of this local law, the department installs at least 500 total loading zones.
c. No later than January 1, 2023, the department shall submit to the speaker of the council and the mayor, and publish on its website, a report detailing the ongoing implementation of the requirements of subdivision b of this section and any recommendations for further expanding loading zones citywide.
d. No later than January 1, 2023, the department shall provide publicly accessible information, through the open data portal or the department's website, regarding the location of all loading zones. Such information shall be updated on an annual or more frequent basis.
(L.L. 2021/168, 12/24/2021, eff. 12/24/2021)
a. Definitions. For the purposes of this section:
(1) The term "public highway" means any highway, road, street, roadway, sidewalk, avenue, alley, public place, public driveway or any other public way.
(2) The term "scooter" means a device propelled by muscular power, consisting of a footboard between end wheels and an upright handle attached to a front wheel or to the footboard.
(3) The term "wearing a helmet" means having a helmet of good fit fastened securely upon the head with the helmet straps.
b. This section is applicable to the operation of a scooter upon any public highway or any private road open to public motor vehicle traffic, and within a park or other area under the jurisdiction of the commissioner of parks and recreation.
c. No person less than fourteen years of age shall operate a scooter unless such person is wearing a helmet meeting the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standards), the Snell Memorial Foundation's standards for protective headgear for use in bicycling, the American Society of Testing and Materials (ASTM) standards for bicycle helmets, the Safety Equipment Institute standards for bicycle helmets, or the United States Consumer Product Safety Commission standards for bicycle helmets.
d. It is a traffic infraction to violate the provisions of this section punishable, upon conviction, by a civil penalty of not more than fifty dollars. Such traffic infractions shall be heard and determined in accordance with article 2-A of the vehicle and traffic law. A hearing officer shall waive the civil penalty for which the parent or guardian of a person who violates the provisions of this section would be liable if such parent or guardian supplies proof that between the date of violation and the appearance date for such violation such parent or guardian purchased or rented a helmet that meets the requirements of this section. A hearing officer may waive the civil penalty for which the parent or guardian of a person who violates the provisions of this section would be liable if he or she finds that due to reasons of economic hardship such parent or guardian was unable to purchase or rent a helmet. A waiver of the civil penalty shall not apply to a second or subsequent conviction under this section.
e. The parent or guardian of a person less than fourteen years of age shall be liable for a violation of this section by such person less than fourteen years of age. A summons for a violation of this section by a person less than fourteen years of age shall only be issued to the parent or guardian of such person if the violation occurs in the presence of such parent or guardian and where such parent or guardian is eighteen years of age or more. Such summons shall only be issued to such parent or guardian and shall not be issued to the person less than fourteen years of age.
f. The failure of any person to comply with the provisions of this section shall not constitute contributory negligence or assumption of risk, and shall not in any way bar, preclude or foreclose an action for personal injury or wrongful death by or on behalf of such person, nor in any way diminish or reduce the damages recoverable in any such action.
g. The department of health and mental hygiene shall distribute informational materials through the department's school health program, which shall include information explaining the hazards of operating scooters without protective headgear. These informational materials shall be printed in multiple languages and shall be made available to any member of the public upon request.
h. The police department and the department of parks and recreation shall enforce the provisions of this section.
a. Definitions. For purposes of this section:
1. "Motorized pedicab" shall mean a wheeled device that is designed and constructed to transport or carry passengers, that is propelled in whole or in part by other than human power, and that is operated to transport passengers for hire.
2. "Multi-passenger wheeled device" shall mean a wheeled device with three or more wheels that is designed and constructed to permit seating by more than two people, that is propelled by human power, and that is designed to permit propulsion by more than two individuals simultaneously.
3. "Owner" shall mean any person who possesses with good legal title, or possesses under a lease, reserve title contract, conditional sales agreement or vendor's agreement or similar agreement one or more motorized pedicabs or multi-passenger wheeled devices in the city of New York.
4. "Tandem bicycle" shall mean a wheeled device that is constructed so that its wheels are aligned in a straight line, one behind the other, permitting operation by two or more people.
b. It shall be unlawful to operate, or cause to be operated, any motorized pedicab or multi-passenger wheeled device, other than a tandem bicycle, on any street, sidewalk, highway, bridge, tunnel or park within New York City.
c. Any person who violates subdivision b of this section may be issued a notice of violation and shall be subject to a civil penalty that shall not be: (1) less than two hundred nor more than five hundred dollars for the first violation; (2) less than five hundred nor more than one thousand dollars for the second violation committed within a one year period; (3) less than one thousand nor more than four thousand dollars for the third violation committed within a one year period. Such penalty may be recovered in a proceeding before the environmental control board.
d. A person who violates subdivision b of this section shall be guilty of a misdemeanor, punishable by a fine of not more than two hundred fifty dollars or imprisonment of up to sixteen days, or by both such fine and imprisonment.
e. Where a police or peace officer or an authorized employee of a department designated by the commissioner serves a summons or notice of violation for violation of this section on a person operating a multi-passenger wheeled device or motorized pedicab, such multi-passenger wheeled device or motorized pedicab may be seized. Any device seized pursuant to this subdivision shall be delivered into the custody of the police department. The environmental control board shall hold a hearing to adjudicate the violation of subdivision b of this section on an expedited schedule and shall render its determination accordingly.
f. The owner of a multi-passenger wheeled device or motorized pedicab seized pursuant to subdivision e of this section shall be eligible to obtain release of such device prior to the hearing provided for in such subdivision, if such owner has not been found liable for a violation of subdivision b of this section within a five year period prior to the violation resulting in seizure. The multi-passenger wheeled device or motorized pedicab shall be released to such owner upon the posting of an all cash bond in a form satisfactory to the commissioner in an amount satisfactory to cover the maximum civil penalties which may be imposed for a violation of subdivision b of this section and all reasonable costs for removal and storage of such device.
g. Where the environmental control board finds that there was no violation of subdivision b of this section, the owner shall be entitled forthwith to possession of the multi-passenger wheeled device or motorized pedicab without charge or to the extent that any amount has been previously paid for release of the device, such amount shall be refunded.
h. Where the board, after adjudication of the violation of subdivision b of this section, finds a violation of such subdivision, then (i) if the multi-passenger wheeled device or motorized pedicab is not subject to forfeiture pursuant to paragraph one of subdivision j, the police department shall release such device to its owner upon payment of all applicable civil penalties and all reasonable costs of removal and storage; or (ii) if the multi-passenger wheeled device or motorized pedicab is subject to forfeiture pursuant to paragraph one of subdivision j of this section, the police department may release such device to its owner upon payment of all civil penalties and all reasonable costs of removal and storage, or may commence a forfeiture action within ten days after the written demand by such owner for such device.
i. The department shall establish by rule the time within which multi-passenger wheeled devices or motorized pedicabs that are not redeemed may be deemed abandoned and the procedures for disposal.
j. 1. In addition to any other penalty or sanction provided for in this section, a multi-passenger wheeled device or motorized pedicab seized pursuant to subdivision e of this section, and all rights, title and interest therein shall be subject to forfeiture to the city upon notice and judicial determination thereof if the owner of such multi-passenger wheeled device or motorized pedicab has been found liable at least two times within a five-year period for violation of subdivision b of this section.
2. A forfeiture action pursuant to this subdivision shall be commenced by the filing of a summons with a notice or a summons and complaint in accordance with the civil practice law and rules. Such summons with notice or a summons and complaint shall be served in accordance with the civil practice law and rules on the owner of such multi-passenger wheeled device or motorized pedicab. A multi-passenger wheeled device or motorized pedicab which is the subject of such action shall remain in the custody of the police department or other appropriate agency pending the final determination of the forfeiture action.
3. Any person who receives notice of the institution of a forfeiture action who claims an interest in the multi-passenger wheeled device or motorized pedicab subject to forfeiture may assert a claim in such action for the recovery of such device or satisfaction of such owner's interest in such device.
4. Forfeiture pursuant to this subdivision shall be made subject to the interest of a person who claims an interest in such device pursuant to subdivision three of this subdivision, where such person establishes that: (i) such multi-passenger wheeled device or motorized pedicab was operated in violation of this section without the knowledge of such person, or if such person had knowledge of such operation, that such person did not consent to such operation by doing all that could reasonably have been done to prevent such operation, or (ii) that the operation of such multi-passenger wheeled device or motorized pedicab in violation of this section was conducted by any person other than such person claiming an interest in the device, while such device was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or any state.
5. The police department, after judicial determination of forfeiture, shall, by public notice of at least five days, sell such forfeited multi-passenger wheeled device or motorized pedicab at public sale. The net proceeds of any such sale shall be paid into the general fund of the city.
6. In any forfeiture action commenced pursuant to this subdivision, where the court awards a sum of money to one or more persons in satisfaction of such person's interest in the forfeited device, the total amount awarded to satisfy such interest or interests shall not exceed the amount of the net proceeds of the sale of the forfeited device after deduction of the lawful expenses incurred by the city, including reasonable costs of removal and storage of the device between the time of the seizure and the date of sale.
k. The penalties provided by subdivisions c, d, e and j of this section shall be in addition to any other penalty imposed by any other provision of law or rule promulgated thereunder.
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