a. Applicability.
1. i. The operator of every garage and parking lot that has an authorized capacity of one-hundred or more motor vehicles shall provide and maintain parking spaces for bicycles in accordance with the provisions of this section.
ii. Two years after the effective date of the local law that added this section, the operator of every garage and parking lot that has an authorized capacity of fifty-one or more motor vehicles shall provide and maintain parking spaces for bicycles in accordance with the provisions of this section.
2. The requirements of subdivisions a through f of this section shall not apply to buildings or parking lots that comply with the bicycle parking provisions of sections 25-80, 36-70 and 44-60 of the zoning resolution of the city of New York.
3. Waiver. The operator of a garage or parking lot subject to the provisions of this section may apply to the commissioner for a waiver from the requirements of this section on the grounds that compliance with this section will result in a violation of otherwise applicable zoning regulations, including, but not limited to zoning regulations determining the number of required automobile parking spaces a garage or parking lot shall have. Prior to applying for such waiver, such operator of a garage or parking lot shall submit to the commissioner of buildings a certification from a registered design professional and other supporting additional documentation as such commissioner may require, including, but not limited to, floor plans and diagrams of the garage or parking lot in anticipation of the waiver application. Upon complete submission of all required documentation, the commissioner of buildings shall within forty days review the documentation submitted by the operator, and shall provide to the operator a written recommendation, of whether compliance would be impracticable because of the requirements of applicable zoning regulations. The operator shall submit such recommendation to the commissioner as part of its waiver application, and the resulting written grant or denial of such application by the commissioner shall be final.
b. Bicycle parking spaces in garages and lots.
1. The operator of every garage or lot subject to the provisions of this section shall maintain: (i) racks, hooks, poles or other devices to which bicycles can be secured; and (ii) locks, chains or other devices with which to secure them. Such devices shall enable the garage or lot to park and secure at least one bicycle for every ten automobile parking spaces provided, up to two hundred automobile parking spaces. Thereafter, the garage or lot shall be equipped to park one bicycle for every one hundred automobile parking spaces. Fractions equal to or greater than one-half resulting from this calculation shall be deemed to require parking for one bicycle. Parking garages or lots that permit customers to park and lock their bicycles using the customers' own locks, chains or other devices with which to secure such bicycles shall be required to maintain locks, chains or other devices with which to secure bicycles sufficient to accommodate customers who do not have their own lock, chain or other device with which to secure their bicycles.
2. A bicycle parked in a garage or lot that is subject to the provisions of this section shall be parked at least two feet away from any motor vehicle.
3. Bicycles parked pursuant to this section shall be locked to a rack, pole or other device capable of securing the bicycle, or shall be hung on the wall from a securely anchored rack or hook to which the bicycle frame and at least one wheel shall be locked. Such requirements for racks, poles, or hooks and locks, chains or other securing devices shall not be required where a parking garage or lot provides bicycle parking in a location that prohibits any person other than employees of the facility from parking or removing the bicycle from the garage or lot.
c. Bicycle parking racks, hooks, poles or other devices used by garage or lot operators to secure bicycles shall be of sufficient strength and design to resist vandalism and theft.
d. Bicycle parking shall be accessible to bicycle owners/operators to at least the same extent as vehicle parking is accessible to vehicle owners/operators. The operator of a garage or lot subject to this section shall not refuse to provide parking for a bicycle unless there is no room for such bicycle at that time because the total number of bicycles required to be accommodated by paragraph one of subdivision b of this section has been met.
e. The operator of every garage and parking lot that is subject to the provisions of this section shall file with the commissioner a schedule of rates showing the prices charged daily, weekly, and monthly for parking and storage of bicycles.
f. No operator of a garage or parking lot subject to the provisions of this section shall make any charge for parking or storage of a bicycle in excess of the rates set forth in the schedule filed with the commissioner, unless at least sixty days prior to the effective date of such changed rates, such operator has filed with the commissioner, in writing, such change in rates and has posted such changed rates on signs which conform with the requirements of subdivision h of this section.
g. The operator of each garage or parking lot subject to the provisions of this section shall post conspicuously at the public entrance to the garage or parking lot a sign composed of letters and figures of such size, height, width, spacing, color and description as shall be prescribed by the rules of the commissioner. Such sign shall set forth the rate to be charged by such garage or parking lot for bicycle parking, the hours during which such garage or parking lot will remain open for business and the minimum capacity of bicycles of such garage or parking lot.
h. Bicycles unclaimed after sixty days shall be considered abandoned property and shall become the property of the operator of the garage or parking lot.
i. Within twelve months after the effective date of the local law that added this section, the commissioner shall submit a report to the council regarding the effectiveness of this local law at increasing the capacity of parking for bicycles in garages. Such report shall contain, among other things, the number and location of bicycle parking spaces and rate of usage of such spaces.