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a. Definitions. For the purposes of this section, the following terms have the following meanings:
Affected council member(s) and community board(s). The term "affected council member(s) and community board(s)" has the same meaning as set forth in section 19-101.2.
Blockface. The term "blockface" means that portion of the street along the curb on one side of a street which is between the boundaries of the corner area at either end of the block.
Credential. The term "credential" means any explicit approval from the department or other authorized agency to park at a parking meter or other location, including, but not limited to, a record of payment or valid parking permit.
Parking field. The term "parking field" means any parking lot containing parking meters that is owned, operated and controlled by the city or its contractor and is available for public use. The term "parking field" does not include any parking lot operated by a city agency intended for exclusive use by such agency's employees or by the public to conduct business with such agency.
Parking meter. The term "parking meter" means a device which accepts payment or a credential, including, but not limited to a pay-and-display parking meter or a pay-by-plate parking meter.
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.
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.
b. Suspension of parking meter activation on Sundays. Notwithstanding any other provision of law, no person parking a vehicle at a parking meter is required to activate such meter on a Sunday and no notice of violation or summons may be issued solely for the failure to activate such parking meter on a Sunday.
c. Deactivation of parking meters. The department shall program each parking meter to ensure that such parking meter is unable to accept payment:
1. from the last time in a day that parking meter rules are in effect for any parking space within the blockface or parking field of such parking meter, or for any other parking space within 100 feet of such parking meter, until one hour prior to the next time meter rules take effect for any parking space within the blockface or parking field, or for any other parking space within 100 feet of such parking meter; and
2. when such parking meter is not capable of producing receipts or lacks the functionality to track parking payments.
d. Parking at broken or missing parking meters. If all parking meters in a parking field or on a blockface are missing or broken, a person shall be allowed to park in such parking field or on such blockface up to the maximum amount of time otherwise lawfully permitted by such parking meters in such parking field or blockface.
e. Transferability of parking meter time. Parking time may only be utilized on the blockface for which it was purchased. Transfer of parking time between blockfaces is prohibited.
f. Notification of changes involving parking meters.
1. New parking meter installation. Prior to the installation of new parking meters covering at least four contiguous blockfaces, the department shall forward notice of such installation to the affected council member(s) and community board(s) by electronic mail.
(a) Within 10 business days after receipt of such notice: (i) the affected council member(s) may submit recommendations, comments or both regarding such notice to the department; and (ii) the affected community board(s) may submit recommendations or comments regarding such notice, or request a presentation regarding such installation, which where practicable shall be made to such community board(s) within 30 days of such request.
(b) Any recommendations or comments received by the department pursuant to this subdivision shall be reviewed prior to the installation of such new parking meters.
2. Existing parking meter alterations. Prior to making changes to parking meter rates or replacing a parking meter with a different type of parking meter, the department shall provide at least 30 days written notice of such changes by regular first-class mail and electronic mail to the community board and council member in whose district the affected parking meters are or will be located and shall post such written notice on the department's website. Such notice shall at a minimum provide the following information:
(a) Parking rates. The notice shall include the proposed new rate, the location(s) of the meters affected by such rate change and the earliest date such new rate will go into effect.
(b) Change in meter type. The notice shall include the location(s) where meters will be converted and the earliest date on which such converted meters will go into operation.
(Am. L.L. 2021/171, 12/24/2021, eff. 2/22/2022)
(a) The commissioner shall be authorized to post on any public bridge within the city, signs prohibiting fishing therefrom. The commissioner shall post and maintain such signs on bridges selected at his or her discretion.
(b) It shall be unlawful for any person to fish, by any means whatsoever, from any public bridge within the city where a sign prohibiting such conduct has been posted.
(c) Violation of this section shall be punishable by a fine of not more than fifty dollars nor less than fifteen dollars for each violation thereof.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. Subject to the provisions of this section an owner of a lot containing no more than two dwelling units, or his or her lessee, may cause any vehicle which is parked in front of his or her private driveway and which blocks the entry or egress of a vehicle from such property to be removed by a person licensed to engage in towing pursuant to subchapter thirty-one of chapter two of title twenty of the code, where a person authorized to issue a notice of parking violation has issued such a notice and affixed it to such unlawfully parked vehicle; the issuance of such a notice shall constitute authorization to the owner of such property, or his or her lessee, to arrange for removal of such unlawfully parked vehicle, and such removal shall be deemed to be at the request of the person who issued the notice.
b. Where the owner of such property, or his or her lessee, requests a police officer to arrange for removal of any such unlawfully parked vehicle, such vehicle shall be removed at the direction of the police department by the next available towing company participating in the rotation tow program established pursuant to section 20-519 of the code. Nothing in this section shall be construed to preclude an owner of such property, or his or her lessee, acting pursuant to this section, from arranging for the removal of such unlawfully parked vehicle by a tow operator of such person's choice. The commissioner of consumer and worker protection shall promulgate a regulation establishing performance standards for licensees in order to insure that vehicles summonsed under this section are towed as expeditiously as possible.
c. 1. No vehicle may be removed pursuant to this section without the express written authorization issued to a person licensed to engage in towing pursuant to subchapter thirty-one of chapter two of title twenty of the code by the owner of such property, or his or her lessee. Such authorization shall include the location of the vehicle to be removed, the make, model, color and license plate number of such vehicle and a statement that such vehicle was removed pursuant to a notice of parking violation and shall be signed by the owner of such property, or his or her lessee, prior to removal.
2. A vehicle may not be removed if it is occupied by any person.
3. Notwithstanding any other provision of law, a vehicle which is removed shall be taken directly to a facility for storage maintained by the person licensed to engage in towing pursuant to subchapter thirty-one of chapter two of title twenty of the code who has removed such vehicle and which is within ten miles from the point of removal. If no such facility is available, the closest available facility for storage maintained by a person so licensed shall be utilized. Such facility for storage must be a secure place for safekeeping vehicles.
4. Any person who removes a vehicle pursuant to this section shall within thirty minutes of the vehicle's arrival at a facility for storage notify the local police precinct having jurisdiction over the area of such removal of the storage site, the time the vehicle was removed, the location the vehicle was removed from, the make, model, color and license plate number of the vehicle, the name of the person who signed an authorization for the removal and the fact that such vehicle was removed pursuant to a notice of parking violation and shall obtain the name of the person at such police precinct to whom such information was reported and note such name on a trip record together with the date and time that the vehicle was removed.
5. If the registered owner or other person in control of the vehicle arrives at the scene prior to removal of the vehicle and such vehicle is connected to any apparatus for removal, the vehicle shall be disconnected from such apparatus and such person shall be allowed to remove the vehicle without interference upon payment of a reasonable service fee of not more than one-half of the charge allowed for removal as provided in paragraph eight of this subdivision, for which a receipt shall be given.
6. The registered owner or other person in control of a vehicle which has been removed pursuant to this section shall have the right to inspect the vehicle before accepting its return. No release or waiver of any kind which would release the person or company removing the vehicle from liability for damages may be required from any such owner or other person as a condition of release of the vehicle to such person. A detailed, signed receipt showing the legal name of the person or company removing the vehicle must be given to the person paying the removal and storage charges at the time of payment.
7. Any person who removes a vehicle pursuant to this section shall comply with the notice provisions of subdivision two of section one hundred eighty-four of the lien law.
8. Notwithstanding the charges permitted to be collected under subdivision c of section 20-519 of this code, a person who removes a vehicle pursuant to section 19-169 of this code may collect the following charges from the owner or other person in control of such vehicle, payable before the vehicle is released: one hundred twenty-five dollars for removal and the first three days of storage; up to fifteen dollars per day for storage thereafter, except that no charge may be collected for removal or storage of a vehicle pursuant to this section by a person who is not licensed to engage in towing pursuant to subchapter thirty-one of chapter two of title twenty of the code.
9. This section does not apply to law enforcement, firefighting, rescue squad, ambulance, or other emergency vehicles which are marked as such.
10. When an owner of property, or his or her lessee, improperly causes a vehicle to be removed, such person shall be liable to the owner or other person in control of the vehicle for the cost of removal, transportation and storage and for any damage resulting from the removal, transportation and storage of the vehicle.
11. Any person licensed pursuant to subchapter thirty-one of chapter two of title twenty of the code who removes a vehicle in violation of paragraphs one through seven of this subdivision shall be punished as follows: for the first violation, a fine of five hundred dollars; for the second violation within a period of twelve months of the date of a first violation, a fine of one thousand dollars; and for any additional violations within a period of twenty-four months of the date of a first violation, a fine of one thousand dollars.
d. No person licensed pursuant to subchapter thirty-one of chapter two of title twenty of the code shall refuse, without justifiable grounds, a request by any person acting pursuant to this section to remove a vehicle unlawfully blocking a private driveway. Any person who violates this subdivision shall be punished as follows: for the first violation, a fine of one hundred dollars; for the second violation within a period of twelve months of the date of a first violation, a fine of two hundred dollars; and for any additional violations within a period of twenty-four months of the date of a first violation, a fine of five hundred dollars.
(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. 1987/028, L.L. 1993/104 and L.L. 2020/080.
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