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a. For purposes of this section:
(1) The term "bicycle" shall mean a two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by a child.
(2) The term "sidewalk" shall mean that portion of the street, whether paved or unpaved, between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. Where it is not clear which section is intended for the use of pedestrians the sidewalk will be deemed to be that portion of the street between the building line and the curb.
(3) The term "child" shall mean a person less than fourteen years of age.
b. No person shall ride a bicycle upon any sidewalk unless permitted by an official sign. A person who violates this subdivision may be issued a notice of violation and shall be liable for a civil penalty of not more than one hundred dollars which may be recovered in a proceeding before the environmental control board.
c. A person who violates subdivision b of this section in a manner that endangers any other person or property shall be guilty of a misdemeanor, punishable by a fine of not more than one hundred dollars or imprisonment for not more than twenty days or both such fine and imprisonment. Such person shall also be liable for a civil penalty of not less than one hundred dollars nor more than three hundred dollars, except where a hearing officer has determined that where there was physical contact between the rider and another person, an additional civil penalty of not less than one hundred dollars nor more than two hundred dollars may be imposed. Such civil penalties may be recovered in a proceeding before the environmental control board. Enforcement agents shall indicate on the summons or notice of violation issued pursuant to this subdivision whether physical contact was made between the rider and another person. Any person who violates any provision of this subdivision more than once within any six month period shall be subject to the imposition of civil penalties in an amount that is double what would otherwise have been imposed for the commission of a first violation. It shall be an affirmative defense that physical contact between a rider and another person was in no way the fault of the rider.
d. Where a summons or notice of violation is issued for a violation of subdivision c of this section, the bicycle may be seized and impounded.
e. A bicycle impounded pursuant to this section shall be released to the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set forth in the rules of the police department and proof of payment of any fine or civil penalty for the violation or, if a proceeding for the violation is pending in a court or before the environmental control board, upon the posting of a bond or other form of security acceptable to the police department in an amount which will assure the payment of such costs and any fine or civil penalty which may be imposed for the violation. If the court or the environmental control board finds in favor of the defendant or respondent, the owner shall be entitled forthwith to possession of the bicycle without charge or to the extent that any amount has been previously paid for release of the bicycle, such amount shall be refunded. The police department shall establish by rule the time within which bicycles which are not redeemed may be deemed abandoned and the procedures for disposal.
f. The owner of a bicycle shall be given the opportunity for a post seizure hearing within five business days before the environmental control board regarding the impoundment. The environmental control board shall render a determination within three business days after the conclusion of the hearing. Where the board finds that there was no basis for the impoundment, the owner shall be entitled forthwith to possession of the bicycle without charge or to the extent that any amount has been previously paid for release of the bicycle, such amount shall be refunded.
g. Upon the impoundment of a bicycle, the rider shall be given written notice of the procedure for redemption of the bicycle and the procedure for requesting a post seizure hearing. Where the rider of a bicycle is not the owner thereof notice provided to the rider shall be deemed to be notice to the owner. Where the defendant or respondent is less than eighteen years old such notice shall also be mailed to the parent, guardian or where relevant, employer of the respondent, if the name and address of such person is reasonably ascertainable.
h. In any proceeding under this section it shall be an affirmative defense that the defendant or respondent was less than fourteen years old at the time the violation was committed.
i. The provisions of this section may be enforced by the police department or designated employees of the department, the department of sanitation, the department of parks and recreation.
a. For purposes of this section:
(1) The term "in-line skate" shall mean a manufactured or assembled device consisting of an upper portion that is intended to be secured to a human foot, with a frame or chassis attached along the length of the bottom of such upper portion, with such frame or chassis holding two or more wheels that are longitudinally aligned and used to skate or glide, by means of human foot and leg power while having such device attached to each such foot or leg.
(2) The term "reckless operation" shall mean operating roller skates, in-line skates or a skateboard on a public street, highway or sidewalk in such a manner as to endanger the safety or property of another.
(3) The term "roller skate" shall mean a manufactured or assembled device consisting of a frame or shoe having clamps or straps or both for fastening, with a pair of small wheels near the toe and another pair at the heel mounted or permanently attached thereto, for skating or gliding by means of human foot and leg power.
(4) The term "sidewalk" shall mean that portion of the street, whether paved or unpaved, between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. Where it is not clear which section is intended for the use of pedestrians the sidewalk will be deemed to be that portion of the street between the building line and the curb.
(5) The term "skateboard" shall mean a device consisting of a platform usually curved upwards at each end, to which are mounted or permanently attached two swiveling frames, each of which is used to support and guide a pair of small wheels, which device glides or is propelled by means of human foot or leg power.
b. No person shall engage in the reckless operation of roller skates, in-line skates or a skateboard.
c. A violation of subdivision b of this section shall be a traffic infraction and shall be punishable in accordance with section 1800 of the vehicle and traffic law. Any person who is found guilty of the reckless operation of roller skates, in-line skates or a skateboard shall be subject to a fine of not less than fifty dollars nor more than one hundred dollars.
d. The provisions of this section shall be enforced by the department, the police department and the department of parks and recreation.
a. For purposes of this section, the term "motorized scooter" shall mean any wheeled device that has handlebars that is designed to be stood or sat upon by the operator, is powered by an electric motor or by a gasoline motor that is capable of propelling the device without human power and is not capable of being registered with the New York State Department of Motor Vehicles. For the purposes of this section, the term motorized scooter shall not include wheelchairs or other mobility devices designed for use by persons with disabilities; or an electric scooter as such term is defined in section 114-e of the vehicle and traffic law or successor provision; or a bicycle with electric assist as defined in section 102-c of the vehicle and traffic law or successor provision.
b. No person shall operate a motorized scooter on streets or in parks and other public places in the city of New York.
c. Any person who violates subdivision b of this section shall be liable for a civil penalty in the amount of $250. Authorized employees of the police department and department of parks and recreation shall have the authority to enforce the provisions of this section. Such penalties shall be recovered in a civil action or in a proceeding commenced by the service of a notice of violation that shall be returnable before the environmental control board. In addition, such violation shall be a traffic infraction and shall be punishable in accordance with section eighteen hundred of the New York state vehicle and traffic law.
d. Any motorized scooter that has been used or is being used in violation of the provisions of this section that has been operated in a manner that endangers the safety of the operator or the safety or property of another may be impounded and shall not be released until any and all removal charges and storage fees and the applicable fines and civil penalties have been paid or a bond has been posted in an amount satisfactory to the commissioner of the agency that impounded such device.
e. Operators of electric scooters as defined in section 114-e of the vehicle and traffic law, and operators of bicycles with electric assist as defined in section 102-c of the vehicle and traffic law, or successor provisions, shall be subject to the same rights and responsibilities attributed to operators of bicycles pursuant to the vehicle and traffic law, this code and the rules of the department, and shall be subject to any additional applicable provisions of the vehicle and traffic law, this code and rules of the department.
(Am. L.L. 2020/072, 7/26/2020, eff. 11/23/2020; Am. L.L. 2020/073, 7/26/2020, eff. 11/23/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/051.
a. For the purposes of this section, the following terms have the following meanings:
Moped. The term "moped" means any limited use motorcycle as defined in section 121-b of the vehicle and traffic law.
Moped share system. The term "moped share system" means a network of self-service and publicly available limited use motorcycles, and any related infrastructure, in which a trip begins or ends on any highway, as defined in section 118 of the vehicle and traffic law.
Person. The term "person" means a natural person, partnership, corporation or other legal entity.
b. 1. It shall be unlawful for any person to operate a moped share system without authorization from the department issued in accordance with this section and the rules of the department. A fee for such authorization and for renewals thereof may be established by rule by the commissioner.
2. The commissioner may require a moped share system to obtain a permit for each moped used in the operation of such system. Where such permits are required, it shall be unlawful for a moped to be used in the operation of a moped share system unless such moped has such a permit issued by the department. A fee for such permit and for renewals thereof may be established by rule by the commissioner.
c. Only class B or class C electric powered limited use motorcycles that are registered in accordance with the vehicle and traffic law may be used in the operation of a moped share system.
d. Applications for authorization to operate a moped share system and, where applicable, permits for mopeds that will be used in the operation of such system, shall be submitted to the department in a form and manner and containing such information as the department shall prescribe in rules. The term of such authorization and, where applicable, the term of such permit, shall be set forth in the rules of the department.
e. Each person operating a moped share system shall comply with this section and rules of the department issued pursuant to this section, including but not limited to rules relating to:
1. Safety;
2. Vehicle maintenance;
3. Rider accountability;
4. Rider compliance with local and state law including, but not limited to, requiring riders to provide photographic or other evidence of rider helmet use;
5. Community outreach;
6. Equity;
7. Parking considerations;
8. Maintenance of insurance; and
9. Data sharing, recordkeeping and inspection requirements.
f. 1. Any person who violates any of the provisions of this section shall be subject to a civil penalty of not more than $25,000, which may be recovered in a proceeding before an administrative tribunal within the office of administrative trials and hearings in accordance with the rules of such office or in a civil action in a court of competent jurisdiction.
2. Any person who has obtained authorization from the department to operate a moped share system and who is found to violate the provisions of this section or rules of the department promulgated pursuant to this section may, after notice and opportunity to be heard, be subject to the suspension or revocation of such authorization.
3. Any moped found parked on a street and offered to the public as a part of a moped share system that is not authorized pursuant to this section, or that does not have a required permit, if such a permit is required, may be removed and taken to a place of safety by the department or by the police department. The agency that removes such moped or that has custody of such moped after removal shall provide notice of such removal within 30 days of removal to the registered owner of such moped. Such moped shall not be released until all removal charges and storage fees have been paid or a bond or other security for such amount has been posted. A moped that is not claimed within the time set forth in such notice may be disposed of in accordance with applicable law relating to the disposal of abandoned vehicles.
g. This section may be enforced by the police department, the department of transportation and by any other agency designated by the department of transportation. Any officers and employees of the police department, the department of transportation, or of any agency designated by the department, shall have the power to issue notices of violation, administrative summonses and appearance tickets.
h. Nothing in this local law shall be interpreted to prevent the department from granting approval for the operation of a moped share system through standards imposed pursuant to a procurement and contracting process.
(L.L. 2021/067, 6/12/2021, eff. 10/10/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/067.
a. Subject to the provisions of paragraph twenty-six of subdivision (a) of section sixteen hundred forty-two of the vehicle and traffic law, the official speed limit for a vehicle in the city of new York shall be twenty-five miles per hour except where an official sign indicates that a different speed limit is in effect.
b. No person shall drive a vehicle on any street in excess of the speed limit in effect for that street.
c. The commissioner shall post a sign at each exit within the city of New York of each bridge and tunnel having only one terminus in the city of New York that states the official speed limit within the city as provided in subdivision a of this section.
d. The commissioner shall establish neighborhood slow zones in which speed limits of twenty miles per hour apply on or along designated highways for the purpose of implementing traffic calming measures. The commissioner shall establish not less than seven neighborhood slow zones, which shall contain not less than five blocks per zone, annually in the years 2014 and 2015. For purposes of this subdivision, "traffic calming measures" shall mean any physical engineering measure or measures that reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non-motorized street users such as pedestrians and bicyclists.
e. (1) Except as provided in paragraph two of this subdivision, the commissioner shall establish speed limits of not less than fifteen nor more than twenty miles per hour at fifty school locations annually, for a distance not to exceed one thousand three hundred twenty feet, on highways passing any school building, entrance or exit of a school abutting on the highway. For purposes of this subdivision, the term "school" shall have the same meaning as in section 19-189 of this title.
(2) Should the commissioner determine that such speed limits will be established at fewer than fifty school locations within a year, the commissioner shall inform the mayor and the speaker of the council in writing of such determination and the reason therefore.
(3) After evaluating every school in the city for the establishment of such speed limits, the commissioner may determine not to establish any further such speed limits and shall inform the mayor and the speaker of the council in writing and shall continue to evaluate the need to establish such speed limits after such notice is given.
f. Commencing on or before February 1, 2015, and annually thereafter, the commissioner shall provide to the mayor and speaker of the council, and shall post on the department's website, a list of all locations established pursuant to subdivision e of this section.
(Am. L.L. 2023/069, 5/29/2023, eff. 6/28/2023)
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