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a. Definitions. For purposes of this section:
1. "Motorized pedicab" shall mean a wheeled device that is designed and constructed to transport or carry passengers, that is propelled in whole or in part by other than human power, and that is operated to transport passengers for hire.
2. "Multi-passenger wheeled device" shall mean a wheeled device with three or more wheels that is designed and constructed to permit seating by more than two people, that is propelled by human power, and that is designed to permit propulsion by more than two individuals simultaneously.
3. "Owner" shall mean any person who possesses with good legal title, or possesses under a lease, reserve title contract, conditional sales agreement or vendor's agreement or similar agreement one or more motorized pedicabs or multi-passenger wheeled devices in the city of New York.
4. "Tandem bicycle" shall mean a wheeled device that is constructed so that its wheels are aligned in a straight line, one behind the other, permitting operation by two or more people.
b. It shall be unlawful to operate, or cause to be operated, any motorized pedicab or multi-passenger wheeled device, other than a tandem bicycle, on any street, sidewalk, highway, bridge, tunnel or park within New York City.
c. Any person who violates subdivision b of this section may be issued a notice of violation and shall be subject to a civil penalty that shall not be: (1) less than two hundred nor more than five hundred dollars for the first violation; (2) less than five hundred nor more than one thousand dollars for the second violation committed within a one year period; (3) less than one thousand nor more than four thousand dollars for the third violation committed within a one year period. Such penalty may be recovered in a proceeding before the environmental control board.
d. A person who violates subdivision b of this section shall be guilty of a misdemeanor, punishable by a fine of not more than two hundred fifty dollars or imprisonment of up to sixteen days, or by both such fine and imprisonment.
e. Where a police or peace officer or an authorized employee of a department designated by the commissioner serves a summons or notice of violation for violation of this section on a person operating a multi-passenger wheeled device or motorized pedicab, such multi-passenger wheeled device or motorized pedicab may be seized. Any device seized pursuant to this subdivision shall be delivered into the custody of the police department. The environmental control board shall hold a hearing to adjudicate the violation of subdivision b of this section on an expedited schedule and shall render its determination accordingly.
f. The owner of a multi-passenger wheeled device or motorized pedicab seized pursuant to subdivision e of this section shall be eligible to obtain release of such device prior to the hearing provided for in such subdivision, if such owner has not been found liable for a violation of subdivision b of this section within a five year period prior to the violation resulting in seizure. The multi-passenger wheeled device or motorized pedicab shall be released to such owner upon the posting of an all cash bond in a form satisfactory to the commissioner in an amount satisfactory to cover the maximum civil penalties which may be imposed for a violation of subdivision b of this section and all reasonable costs for removal and storage of such device.
g. Where the environmental control board finds that there was no violation of subdivision b of this section, the owner shall be entitled forthwith to possession of the multi-passenger wheeled device or motorized pedicab without charge or to the extent that any amount has been previously paid for release of the device, such amount shall be refunded.
h. Where the board, after adjudication of the violation of subdivision b of this section, finds a violation of such subdivision, then (i) if the multi-passenger wheeled device or motorized pedicab is not subject to forfeiture pursuant to paragraph one of subdivision j, the police department shall release such device to its owner upon payment of all applicable civil penalties and all reasonable costs of removal and storage; or (ii) if the multi-passenger wheeled device or motorized pedicab is subject to forfeiture pursuant to paragraph one of subdivision j of this section, the police department may release such device to its owner upon payment of all civil penalties and all reasonable costs of removal and storage, or may commence a forfeiture action within ten days after the written demand by such owner for such device.
i. The department shall establish by rule the time within which multi-passenger wheeled devices or motorized pedicabs that are not redeemed may be deemed abandoned and the procedures for disposal.
j. 1. In addition to any other penalty or sanction provided for in this section, a multi-passenger wheeled device or motorized pedicab seized pursuant to subdivision e of this section, and all rights, title and interest therein shall be subject to forfeiture to the city upon notice and judicial determination thereof if the owner of such multi-passenger wheeled device or motorized pedicab has been found liable at least two times within a five-year period for violation of subdivision b of this section.
2. A forfeiture action pursuant to this subdivision shall be commenced by the filing of a summons with a notice or a summons and complaint in accordance with the civil practice law and rules. Such summons with notice or a summons and complaint shall be served in accordance with the civil practice law and rules on the owner of such multi-passenger wheeled device or motorized pedicab. A multi-passenger wheeled device or motorized pedicab which is the subject of such action shall remain in the custody of the police department or other appropriate agency pending the final determination of the forfeiture action.
3. Any person who receives notice of the institution of a forfeiture action who claims an interest in the multi-passenger wheeled device or motorized pedicab subject to forfeiture may assert a claim in such action for the recovery of such device or satisfaction of such owner's interest in such device.
4. Forfeiture pursuant to this subdivision shall be made subject to the interest of a person who claims an interest in such device pursuant to subdivision three of this subdivision, where such person establishes that: (i) such multi-passenger wheeled device or motorized pedicab was operated in violation of this section without the knowledge of such person, or if such person had knowledge of such operation, that such person did not consent to such operation by doing all that could reasonably have been done to prevent such operation, or (ii) that the operation of such multi-passenger wheeled device or motorized pedicab in violation of this section was conducted by any person other than such person claiming an interest in the device, while such device 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.
5. The police department, after judicial determination of forfeiture, shall, by public notice of at least five days, sell such forfeited multi-passenger wheeled device or motorized pedicab at public sale. The net proceeds of any such sale shall be paid into the general fund of the city.
6. In any forfeiture action commenced pursuant to this subdivision, where the court awards a sum of money to one or more persons in satisfaction of such person's interest in the forfeited device, 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 device after deduction of the lawful expenses incurred by the city, including reasonable costs of removal and storage of the device between the time of the seizure and the date of sale.
k. The penalties provided by subdivisions c, d, e and j of this section shall be in addition to any other penalty imposed by any other provision of law or rule promulgated thereunder.
a. For the purposes of this section, the term "pedicab" shall mean a bicycle as defined in the vehicle and traffic law or other device that is designed and constructed to transport or carry passengers, that is solely propelled by human power, and that is operated to transport passengers for hire.
b. It is a violation for a person to park, stand, or stop a pedicab where a person is prohibited from parking, standing or stopping a vehicle pursuant to the rules of the city of New York promulgated by the commissioner. Notices of parking violations for pedicabs that park, stand or stop in violation of such rules shall be returnable to the parking violations bureau.
c. Any person who violates this section shall be subject to a civil penalty in an amount described in the schedule of fines promulgated by the department of finance applicable to parking violations for vehicles.
a. It shall be unlawful for any private street or thoroughfare to bear a name similar to a street or thoroughfare officially named.
b. Any person convicted of a violation of the provisions of this section shall be punished by a fine of not more than ten dollars, imprisonment for not more than ten days, or both.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. It shall be unlawful for any person to sweep any substance from a sidewalk or other place into a grating used for the purpose of ventilating any subway railroad.
b. Any person convicted of a violation of this section shall be punished by a fine of not more than fifty dollars, imprisonment for not more than ten days, or both.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. The commissioner shall designate by rule specific locations on the streets, avenues and roadways which shall be the sole locations where passengers may board horse drawn cabs if such passengers have not prearranged such horse drawn cab rides in accordance with the provisions of subdivision b of this section and any rules promulgated pursuant thereto.
b. (1) Horse drawn cabs may accept passengers on a prearranged basis in areas and at times that are not restricted pursuant to section 20-381.1 of the code. Such prearranged rides shall commence in front of hotels and restaurants that have obtained the approval of the owner of the premises at which such hotel or restaurant is located.
(2) This subdivision shall not be construed to permit the operation, parking, stopping or standing of any horse drawn cab in any area at any time where or when such operation, parking, stopping or standing is prohibited by any other law or rule.
c. The department shall annually review existing locations of horse drawn cab stands and any proposals by the department and any written proposals by others to establish or eliminate horse drawn cab stands and shall report the results of such review to the mayor and the council. This report shall include a list of those locations proposed to be added or eliminated, those considered by the department, the reasons why any proposal was not considered and the reasons why the department did or did not establish or eliminate a horse drawn cab stand at each proposed location that was considered. Such report shall be submitted to the mayor and the council within sixty days after the close of the fiscal year.
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.
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