L.L. 1996/058

Enactment date: 7/9/1996

Int. No. 781-A

By Council Member Dear (by the request of the Mayor)

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to authorizing specified employees of the police department to perform traffic enforcement functions and transfer from the department of transportation to the police department the authority to issue permits for the towing of vehicles on arterial highways and administer such program.

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 3.   (a)   In order to effectuate the provisions of subdivision b of section four hundred thirty-five of the New York city charter, as enacted by section one of this local law, officers and employees in the classified city civil service who are engaged in the performance of the functions, powers or duties described in such section shall be transferred to the police department without further examination or qualification, and shall retain their respective civil service classifications and civil service status.

   (b)   Notwithstanding subdivision a of this section, officers and employees of the department of transportation classified in the parking control specialist series shall not be transferred pursuant to this local law.

§ 4. Notwithstanding any other provision of law, no traffic enforcement function assumed by the police department as a result of this local law shall be transferred to any agency with the authority to perform such function unless such transfer is approved by the council by local law within ninety days after the first regular meeting subsequent to receipt by the council of a request by the mayor for such approval. In the event that the council does not act within such ninety day period, such request shall be deemed to have been approved.

§ 5. No existing right or remedy of any character accruing to the city shall be lost or impaired or affected by reason of the enactment of this local law.

§ 6. No civil, criminal or administrative action or proceeding pending at the time when this local law shall take effect, brought by or against the city or any agency or officer of the city, shall be affected or abated by the enactment of this local law or by anything contained herein; but all such actions and proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer party thereto may by or pursuant to this local law be assigned or transferred to the police department, but in that event the same may be prosecuted or defended by the police commissioner.

§ 7. The program for the towing of vehicles on parkways, expressways, drives, highways, interstate routes, thruways, and bridges set forth in the traffic rules of the department of transportation shall be administered by the police department and permits issued thereunder be issued by the police commissioner. Any permits previously issued by the commissioner of transportation pursuant to such rules shall remain in effect as permits of the police commissioner, subject to the terms, conditions and expiration dates thereof. However, the commissioner of transportation may continue to issue permits with respect to those applications pending on the effective date of the local law that enacted this provision.

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[Consolidated provisions are not included in this Appendix A]

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§13. This local law shall take effect thirty days after it is enacted into law and it is further provided that nothing in this local law shall affect the expiration of section ten, thirteen, nineteen and twenty-one of local law number 112 for the year 1993, as amended by local law number 79 for the year 1995.