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a. It shall be unlawful for any person required to be licensed pursuant to the provisions of this chapter to engage in any trade, business or activity for which a license is required without such license.
b. In addition to the enforcement procedures set forth in section 19-506 of this chapter, the commission, after notice and a hearing, shall be authorized:
1. to impose fines upon any person in violation of subdivision a of this section of one hundred dollars per violation per day for each and every day during which such person violates such subdivision.
2. to order any person in violation of subdivision a of this section immediately to discontinue such activity at the premises from which such activity is occurring.
3. to order that such premises from which such activity is occurring be sealed, provided that such premises are primarily used for such activity.
c. Orders of the commission issued pursuant to this subdivision shall be posted at the premises from which unlicensed activity occurs in violation of this section.
d. Orders of the commission issued pursuant to paragraphs two or three of subdivision b of this section shall be stayed with respect to any person who, prior to service of the notice provided in subdivision b of this section, had submitted a full and complete application in proper form and accompanied by the requisite fee for a license or the renewal of a license while such application is pending.
e. Ten days after the posting of an order issued pursuant to paragraphs two or three of subdivision b of this section and upon the written directive of the commission, officers and employees of the commission and officers of the New York city police department are authorized to act upon and enforce such orders.
f. The commission shall order that any premises which are sealed pursuant to this section shall be unsealed upon:
1. payment of all outstanding fines; and
2. presentation of proof that a license has been obtained for such activity or, if such person or premises are for any reason ineligible to obtain a license, proof satisfactory to the commission that such premises will not be used in violation of this section.
g. It shall be a misdemeanor for any person to remove the seal on any premises sealed in accordance with an order of the commission.
h. The owner or other person lawfully entitled to reclaim the contents of the premises sealed pursuant to this section shall reclaim such contents. If such owner or such other person does not reclaim such contents within ninety days of the premises having been sealed, such contents shall be subject to forfeiture upon notice and judicial determination in accordance with provisions of law. Upon forfeiture the commission shall, upon a public notice of at least five days, sell such forfeited contents at public sale. The net proceeds of such sale, after deduction of the lawful expenses incurred, shall be paid into the general fund of the city.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/013.
a. Beginning with the 1991 model year, for each seating position, every taxicab and for-hire vehicle shall be equipped with seat belts and, for every outside passenger position, shall be equipped with shoulder belts.
b. All seat and shoulder belts required by this section or by any provision of state or federal law shall be clearly visible, accessible and shall be maintained in good working order. No safety belt installed in a motor vehicle in accordance with the provisions of this section or in accordance with the provisions of state or federal law or the rules or regulations issued by the New York State Department of Transportation or the United States Department of Transportation, shall be removed from said motor vehicle.
c. The owner of any licensed vehicle found to be in violation of subdivision a or b hereof shall be fined not less than one hundred nor more than two hundred fifty dollars.
d. At each inspection of a licensed taxicab or for-hire vehicle made pursuant to subdivision f of section 19-504 of this chapter, failure to comply with subdivision a or b hereof shall be evidence that such vehicle fails to meet reasonable standards for safe operation and shall constitute cause for the suspension of said vehicle license by the commission.
a. No commuter van service and no person who owns, operates or drives a commuter van shall solicit, pick up or discharge passengers, or permit or authorize the solicitation, pick up or discharge of passengers:
(1) outside of the geographical area set forth in the authorization to operate a commuter van service issued pursuant to section 19-504.2 of this chapter; or
(2) at stops of, or along a route which is traveled upon by a bus line which is operated by the New York city transit authority or the city or a private bus company which has been granted a franchise by the city. The prohibition contained in this paragraph shall not apply to the pick up or discharge of passengers in the borough of Manhattan south of Chambers Street by commuter van services who on July first, nineteen hundred ninety-two had authority from the state department of transportation to pick up or discharge passengers along bus routes in such area, provided that the scope of operations by such commuter van services along bus routes in such area shall not exceed the scope of such operations prior to July first, nineteen hundred ninety-two.
b. Where a violation of subdivision a of this section has been committed by a driver of a commuter van, the commuter van service and the owner of such vehicle shall also be liable for a violation of subdivision a of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.
a. A police officer or agent of the commission may, upon service of a notice of violation upon the owner or operator of a commuter van, seize a vehicle which such police officer or agent of the commission has reasonable cause to believe is being operated as a commuter van service by or on behalf of a person who is not operating pursuant to a current, valid authorization or operating as a commuter van without a commuter van license as required by this chapter. All passengers in any seized vehicle shall be left in or transported to a location which is readily accessible to other means of public transportation. Any vehicle seized pursuant to this section shall be delivered into the custody of the city.
b. Within one business day after the seizure of a vehicle pursuant to this section, notice of such seizure and a copy of the notice of violation shall be mailed to the owner of such vehicle at the address for such owner set forth in the records maintained by the New York state department of motor vehicles, or, for vehicles not registered in New York state, such equivalent record in such state of registration.
c. A hearing to adjudicate the violation underlying the seizure shall be held before the commission or an administrative tribunal thereof within five business days after the date of the seizure. The commission or an administrative tribunal thereof shall, within one business day of the conclusion of the hearing, render a determination as to whether the vehicle has been operated by or on behalf of a person who is not the holder of a current, valid authorization or has been operated without a commuter van vehicle license required by this chapter.
d. An owner shall be eligible to obtain release of the vehicle prior to such hearing if such owner has not previously been found liable in an administrative or judicial proceeding for operating a vehicle as a commuter van service without a current, valid authorization or operating a commuter van without a commuter van license as required by this chapter, which violation was committed within a five year period prior to the violation resulting in the seizure. The vehicle shall be released to an eligible owner upon the posting of a bond in a form satisfactory to the commission in an amount that shall not exceed the maximum civil penalties which may be imposed for the violation underlying the seizure and all reasonable costs for removal and storage of such vehicle.
e. Where the commission or an administrative tribunal thereof, after adjudication of the violation underlying the seizure, shall find that the vehicle has been operated as a commuter van by or on behalf of a person who is not the holder of a current, valid authorization or operated as a commuter van without a commuter van license:
(1) if the vehicle is not subject to forfeiture pursuant to section 19-529.3 of this chapter, the commission shall release such vehicle to an owner upon payment of the applicable civil penalties and all reasonable removal and storage costs; or
(2) if the vehicle is subject to forfeiture pursuant to section 19-529.3 of this chapter, the commission may release such vehicle to an owner upon payment of the applicable civil penalties and all reasonable removal and storage costs, or may commence a forfeiture action pursuant to section 19-529.3 of this chapter within ten days after the owner's written demand for such vehicle.
f. Where the commission or an administrative tribunal thereof, after adjudication of the violation underlying the seizure, finds that the charge of operating without an authorization or commuter van license has not been sustained, the vehicle shall be released to the owner. If an owner or representative of such owner has not sought to reclaim a seized vehicle within thirty days after mailing of notice of such owner of the final adjudication by the commission or such administrative tribunal of the violation underlying the seizure, such vehicle shall be deemed by the commission to be abandoned. Such vehicle shall be disposed of by the city pursuant to section twelve hundred twenty-four of the vehicle and traffic law; provided, however, that notwithstanding any inconsistent provision of section twelve hundred twenty-four of such law, if an owner seeks to reclaim such vehicle pursuant to section twelve hundred twenty-four of such law, such owner shall be deemed to have made a written demand for such vehicle and the commission shall take such action as may be authorized by subdivision e or f of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.
a. In addition to the penalties, sanctions and remedies provided in this chapter or subdivisions six and seven of section one hundred forty-five of the transportation law, a vehicle seized pursuant to section 19-529.2 of this chapter, and all rights, title and interest therein, shall be subject to forfeiture to the city in accordance with the provisions of this section upon judicial determination thereof, if the owner of such vehicle has been found liable at least two times in an administrative or court proceeding for operating a commuter van or other such common carrier by or on behalf of a person who is not the holder of a current, valid authorization or operating a commuter van without a commuter van license as required by this chapter, both of which violations were committed within a five-year period.
b. A forfeiture action which is commenced pursuant to this section shall be commenced by filing of a summons with notice or a summons and complaint pursuant to the New York civil practice law and rules, and such summons with notice or summons and complaint shall be served pursuant to subdivision c of this section. A vehicle which is the subject of such an action shall remain in the custody of the city pending the final determination of the forfeiture action.
c. Service of a summons with notice or a summons and complaint shall be made:
(1) by personal service pursuant to the New York civil practice law and rules upon all owners of the vehicle listed in the records maintained by the New York state department of motor vehicles, or for vehicles not registered in New York state, in the records maintained by the state of registration;
(2) by first class mail upon all individuals who have notified the commission or an administrative tribunal thereof that they are an owner of the vehicle; and
(3) by first class mail upon all persons holding a security interest in such vehicle which security interest has been filed with the New York state department of motor vehicles pursuant to the provisions of title ten of the New York state vehicle and traffic law, at the address set forth in the records of the New York state department of motor vehicles, or, for vehicles not registered in New York state, all persons holding a security interest in such vehicle which security interest has been filed with such state of registration at the address provided by such state of registration.
d. Any owner who receives notice of the institution of a forfeiture action who claims an interest in the vehicle subject to forfeiture shall assert a claim for the recovery of the vehicle or satisfaction of the owner's interest in such vehicle by intervening in the forfeiture action in accordance with the New York civil practice law and rules. Any person with a security interest in such vehicle who receives notice of the institution of the forfeiture action who claims an interest in such vehicle subject to forfeiture shall assert a claim for satisfaction of such person's security interest in such vehicle by intervening in the forfeiture action in accordance with the New York civil practice law and rules.
e. No vehicle shall be forfeited pursuant to this section, to the extent of the interest of a person who claims an interest in the vehicle, if such person shall plead and prove as an affirmative defense that:
(1) the use of the vehicle for the conduct that was the basis for the seizure occurred without the knowledge of such person, or, if such person had knowledge of such use, without the consent of such person, and that such person did not knowingly obtain such interest in the vehicle in order to avoid the forfeiture of such vehicle; or
(2) the conduct that was the basis for the seizure was committed by any person other than such person claiming an interest in the vehicle, while such vehicle 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.
f. For purposes of subdivision e of this section, if such person claiming an interest in the vehicle had knowledge of the use of the vehicle for the conduct that was the basis for such seizure, such person shall be deemed to have consented to the unlawful conduct unless such person establishes that he or she did all that could reasonably have been done to prevent the use of the vehicle for such unlawful conduct.
g. The city, after judicial determination of forfeiture, shall, at its discretion, either:
(1) retain such vehicle for the official use of the city; or
(2) by public notice of at least twenty days, sell such forfeited vehicle at public sale. The net proceeds of any such sale shall be paid into the general fund of the city.
h. At any time within six months after the forfeiture, any person claiming an interest in a vehicle which has been forfeited pursuant to this section who was not sent notice of the commencement of the forfeiture action pursuant to subdivision b or c of this section or who did not otherwise receive actual notice of the forfeiture action may assert, in an action commenced before the justice of the supreme court before whom the forfeiture action was held, such claim as could have been asserted in such forfeiture action pursuant to this section. The court may grant the relief sought upon such terms and conditions as it deems reasonable and just if such person claiming an interest in the vehicle establishes that he or she was not sent notice of the commencement of the forfeiture action and was without actual knowledge of the forfeiture action and establishes either of the affirmative defenses set forth in subdivision e of this section.
i. In any action commenced pursuant to subdivision b or h of this section, where the court awards a sum of money to one or more persons in satisfaction of such person's or persons' interest or interests in the forfeited vehicle, 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 vehicle, after deduction of the lawful expenses incurred by the city, including the reasonable costs of removal and storage of the vehicle between the time of seizure and the date of sale.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.
a. Commuter vans shall have the name of the vehicle owner, the name of the person holding the authorization pursuant to which such vehicle is operating and evidence of such authorization displayed on the outside and inside of the vehicle in such form as shall be prescribed by the commission.
b. Commuter vans shall display a sticker on at least the front, back and sides of such vehicles containing a unique emblem in such form as shall be prescribed by the commission. The commission shall issue such stickers to the commuter van owner upon the issuance of a commuter van license and such sticker shall:
(1) be large enough to be easily seen by law enforcement officers and members of the public;
(2) include information uniquely identifying the van, which may include make and model, color(s) of such van, license plate number or information about the commuter van license and the term of such license;
(3) be hard to replicate, with security features such as holograms or other security features as prescribed by the commission; and
(4) include any other information or features as prescribed by the com- mission.
c. Commuter vans may be painted any color approved by the commission, other than the colors reserved for medallion taxis.
d. All commuter vans shall at all times carry inside the vehicle and the operator shall produce upon demand of any officer or employee designated by the commission, any police officer or any authorized officers or employees of the department of transportation or the New York city transit authority:
1. the commuter van license;
2. the driver's commuter van driver's license;
3. the authorization to operate a commuter van service, or copy thereof reproduced in accordance with the specifications set forth in rules of the commission; and
4. the vehicle registration and evidence of current liability insurance.
(Am. L.L. 2017/006, 2/15/2017, eff. 6/15/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.
The provisions of this chapter authorizing penalties, sanctions and remedies shall not be construed to supersede the provisions of subdivisions six and seven of section one hundred forty-five of the transportation law but shall be construed to provide penalties, sanctions and remedies in addition to those provided in such subdivisions.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.
The provisions of this chapter shall not apply to the operations by a commuter van service of commuter vans to or from an airport in the city when such commuter van service or commuter vans have been issued a permit by the port authority of New York and New Jersey to operate at an airport in the city or apply for such permit and within a reasonable period of time are issued such permit by such authority.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.
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