a. Definitions. For the purposes of this section, the following terms have the following meanings:
Agent. The term "agent" means any person employed by the city of New York authorized to issue a notice of violation for parking violations.
Parking meter. The term "parking meter" means a device which accepts payment or a credential that authorizes vehicle parking time, including, but not limited to, a pay-and-display parking meter or a pay-by-plate parking meter.
Pay-and-display parking meter. The term "pay-and-display parking meter" means an electronic parking meter that dispenses timed receipts that must be displayed on the dashboard of a motor vehicle or in a visible and secure place on a motorcycle.
Pay-by-plate parking meter. The term "pay-by-plate parking meter" means an electronic parking meter that requires entry of license plate information for proper registration of payment.
b. Grace period. No notice of violation shall be issued for allegedly parking in excess of the parking time purchased or longer than the time period allowed by a sign posted by the department until five minutes after the time that such a violation occurs.
c. Failure to purchase parking time. Notwithstanding any rule or regulation to the contrary, and subject to the provisions of the vehicle and traffic law, where a notice of violation is issued to an owner or operator of a vehicle for the failure to purchase parking time, it shall be an affirmative defense to such violation that such owner or operator purchased parking time for the time such notice of violation was issued or up to five minutes thereafter from a parking meter at the location such notice of violation was issued. Evidence in support of the affirmative defense shall be the presentation, in person or by mail, of a valid payment receipt for the time such notice of violation was issued or for up to five minutes thereafter or other suitable evidence, as determined by the hearing officer, that such parking time was purchased. When in such instance the vehicle is a motorcycle, evidence may be a digital photograph, submitted through the bureau's website, of a valid payment receipt for the time such notice of violation was issued or for up to five minutes thereafter.
d. Cancellation of certain tickets.
1. Any agent who issues a notice of violation by electronic means for failure to pay the parking charge required at a pay-and-display parking meter shall cancel such notice of violation when, not later than five minutes after the issuance of such notice, such agent is shown a valid payment receipt with an official start time indicated and such start time is no later than five minutes after the time of the issuance of such notice. The electronic copy of such canceled notice shall be marked "valid receipt shown; ticket canceled" and shall include the number of such payment receipt shown. The electronic parking meter system shall be programmed to prohibit such notice from being canceled later than five minutes after the issuance of such notice.
2. If an agent has issued a notice of violation by electronic means for failure to pay the parking charge required at a pay-by-plate parking meter, and parking time is purchased for such vehicle for the blockface where the vehicle is located not more than five minutes after the notice of violation was issued, such notice of violation shall be canceled automatically by the electronic parking meter system.
(Am. L.L. 2021/171, 12/24/2021, eff. 2/22/2022; Am. L.L. 2022/016, 1/9/2022, eff. 2/22/2022)