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a. Notwithstanding the provisions of section 20-381.1 of the code, the owner or operator of a horse drawn cab may apply for a variance from the provisions of section 20-381.1 for the limited purpose of carrying out a contract to provide a horse drawn cab for the filming of a movie, television show or commercial, or for a wedding, parade, or other special event as shall be defined by the commissioner by rule. The commissioner shall grant such variance when he or she determines that the issuance of such variance would not have an adverse effect on vehicular or pedestrian congestion, commencement of theatrical productions or public safety.
b. A variance application shall be in such form as prescribed by the commissioner and shall be submitted to the commissioner no fewer than three business days prior to the date of the event for which the variance is requested.
c. The commissioner may require the payment of an application processing fee in an amount to be established by rule.
d. The commissioner shall issue a document specifying the variance. Whenever a horse drawn cab is being operated in accordance with a duly issued variance, such variance shall be carried by the driver of such horse drawn cab and shall be produced upon the demand of any police, traffic, parks or other enforcement officer authorized to enforce section 20-381.1 of the code.
e. Use of a variance by any person other than the person to whom it was issued, or for any purpose other than the purpose for which it was issued, shall subject the person using such variance to a civil penalty of not less than five hundred dollars.
a. The commissioner shall make available on a website information regarding parking restrictions implemented by the department in the city of New York. Such website shall be searchable by each city block.
b. Whenever there is a change in parking restrictions adopted by the department at any time after the department has completed such sign information system referred to in subdivision a of this section, and implemented by the department using conventional signage, defined as mounted metal signs, whether permanent or for construction, the commissioner shall update such website as soon as practicable to display the new parking restrictions.
c. No fee shall be charged for the use of the existing website or separately created website referred to in subdivision a of this section which contains the parking restriction information required pursuant to this section.
d. The commissioner is directed to place a notice on such website advising members of the public to check posted street signs for compliance with laws and rules.
Editor's note: this section has been amended by L.L. 2025/005, 1/18/2025, eff. 5/18/2025.
a. Following any permanent change in parking restrictions posted by the department, the department shall post notice, in the affected areas, indicating the effective date of such change. An owner of a motor vehicle parked in the affected areas who receives a notice of a parking violation that occurred within five days of posting of the notice of the parking restriction change shall have an affirmative defense that the vehicle of the owner was parked in compliance with the applicable parking restriction that was in effect prior to such change. Within one business day of making a permanent change in parking restrictions, such change will be reflected on the website containing parking restrictions as required by section 19-175.1 of the code.
b. Before the department makes temporary parking restriction changes to conduct road repairs, it shall post notice of the effective date of such restrictions as soon as practicable. Such notice shall state that no notice of violations shall be issued for violations of such temporary parking restrictions and that if an owner's motor vehicle is missing from the affected streets, the motor vehicle may have been towed and the motor vehicle owner should contact the local police precinct for information about the location of such motor vehicle.
c. Following the issuance by the office of the mayor of a permit that authorizes filming and/or related activity and that provides special parking privileges or the temporary suspension of parking restrictions, the party to whom the permit is issued shall post notice of such parking restriction changes immediately in the affected areas. Such notice shall, at a minimum, state the temporary change in the parking restrictions, the date on which such change will take effect, that no notice of violations shall be issued for violations of the temporary parking restrictions and that if an owner's motor vehicle is missing from the affected streets, the motor vehicle may have been towed and the motor vehicle owner should contact the local police precinct for information about the location of such motor vehicle.
d. Following the issuance by the office of the mayor of a permit that authorizes a sponsor to conduct a street fair or parade and that provides special parking privileges or the temporary suspension of parking restrictions, the sponsor shall post notice of such parking restriction changes on a form provided by the office of the mayor, in the affected areas, at least seven days prior to the date on which such change will take effect. Such notice shall, at a minimum, state the temporary change in the parking restrictions and the date the change will take effect.
e. Nothing in this section shall be construed to require the department or any applicable city agency to provide notice of temporary parking restriction changes when required to preserve public safety.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2025/005.
Notwithstanding any other law, rule or regulation, when bus lane restrictions are in effect on a street, it shall not be a violation of law for a vehicle to drive in such a lane where such vehicle enters the lane and makes the next permissible right turn onto a street under the jurisdiction of the commissioner and designated on the map of the city of New York, except that this section shall not be deemed to permit a vehicle to drive through an intersection under the jurisdiction of the commissioner in such bus lane without making a turn.
§ 19-175.5 Carsharing parking pilot program.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Carsharing organization. The term "carsharing organization" means an organization that operates a program in which access to a fleet of private vehicles is provided to members of the organization on an hourly or other short-term basis.
Carsharing vehicle. The term "carsharing vehicle" means a vehicle used by a carsharing member that is owned or leased and registered by a carsharing organization.
Designated parking space. The term "designated parking space" means a location that the department reserves for the exclusive use of a carsharing vehicle.
Municipal parking facility. The term "municipal parking facility" means any city-owned parking facility regulated by the department and operated by the city or by a contractor on behalf of the city that is available for public use. The term "municipal parking facility" does not include any parking facility operated by a city agency intended for use exclusively by such agency's employees or by the public to conduct business with such agency.
b. The department shall establish a carsharing parking pilot program that allows qualified carsharing organizations, as determined by the department, to apply for designated parking spaces on streets. Carsharing organizations shall provide any information requested by the department relating to their application to participate in such pilot program. Such pilot program shall have a duration of no less than two years, unless the department terminates or suspends the program on an earlier date; provided, however, the department shall notify the speaker of the council of such termination or suspension within seven days of such action and the reasons for such action.
c. As part of such pilot program, the department shall evaluate the impact of the program on the driving and car ownership habits of drivers who use carsharing vehicles that occupy parking spaces designated in connection with the pilot program. Carsharing organizations shall provide any information requested by the department relating to their operations undertaken in connection with their participation in the program.
d. No later than October 1, 2018 and each April 1 thereafter, until the completion of such pilot, the department shall submit a report to the speaker of the council regarding the progress of carsharing parking pilot program established pursuant to this section, which shall include, but need not be limited to: (i) the number of carsharing organizations that have applied, and the number of such organizations that have been accepted by the department, to participate in the pilot program; (ii) the number and locations of parking spaces designated for inclusion in the pilot program; (iii) a summary of any findings reached pursuant to subdivision c of this section; and (iv) for the report submitted no later than April 1, 2020, whether the department intends to implement a permanent carsharing parking program.
e. As part of the carsharing parking pilot program established pursuant to this section, the department shall allow carsharing organizations to apply for designated parking spaces in municipal parking facilities.
(L.L. 2017/050, 3/21/2017, eff. 6/19/2017; Am. L.L. 2017/047, 3/21/2017, eff. 6/19/2017)
a. The commissioner shall provide written authorization for on-street bus stops for sight-seeing bus companies pursuant to subdivision d of section 20-374 of this code on the basis of the following criteria: (i) traffic, bicycle and pedestrian flow, and public safety; (ii) preferences of the sight-seeing bus permit applicant; (iii) consultation with the local community board for the district encompassing the location to be authorized, including but not limited to a notice and comment period of 45 days prior to the authorization or permanent amendment thereto; (iv) the number of stops proposed and the viability of a proposed bus stop schedule as determined by the commissioner; (v) the availability and location of planned garage or other parking space for periods when buses picking up or discharging passengers at the authorized stops are not in use; and (vi) any other criteria deemed appropriate by the commissioner. The commissioner shall approve or deny such authorizations no later than 180 days from the date of the application.
b. When authorizing one or more on-street bus stops for sight-seeing buses, the commissioner shall specify the conditions on which such authorization is based. Any violation of such conditions shall be grounds for revocation of such bus stop authorization. The commissioner shall notify the commissioner of consumer affairs of any such revocations as soon as practicable.
c. As a condition for authorizing one or more on-street bus stops for sightseeing buses, the commissioner may require an owner of a sight-seeing bus company to collect and transmit to the commissioner bus location data in the form and frequency determined by the commissioner, including real time electronic location tracking data. Such data may be used by the commissioner in determining whether on-street bus stop authorizations should be granted, renewed or revoked.
d. The commissioner shall by rule establish criteria under which sight-seeing bus companies that possess on-street bus stop authorizations prior to the effective date of this section may be issued an authorization to use such bus stops for a period of up to three years from the effective date of this section.
(L.L. 2018/175, 10/27/2018, eff. 4/25/2019)
Notwithstanding any rule or regulation to the contrary, when a notice of violation is issued to an owner of a vehicle for failure to observe a parking sign, it shall be an affirmative defense to such violation, with the burden of proof on the vehicle owner charged with such notice of violation, that both sides of such sign were not legible. If there are other legible parking signs on the same blockface that apply to the parking space and parking violation at issue, such affirmative defense will not be available. The term "blockface" has the same meaning as set forth in section 19-167.4.
(L.L. 2019/149, 8/23/2019, eff. 11/21/2019)
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