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(a) Every applicant for a renewal of a license issued pursuant to § 20-496 of Chapter 2 of Title 20 of the New York City Administrative Code shall file with the application:
(1) A list of properties from which the licensee has contracted to tow vehicles. Such list shall include the address(es) from which the licensee has contracted to tow vehicles, the address to which such vehicles are towed, and the name, address and telephone number of the person(s) who contracted for the towing from each listed address; or,
(2) An affidavit stating that the applicant does not tow vehicles from private parking lots.
(b) Unless the licensee who has contracted to perform the towing has previously provided to the Department, in writing, the information required by subdivision (a)(1) of this section, within fifteen days of the execution of any contract for the towing of vehicles from private property, the licensee shall submit to the Department, in writing, the information specified in paragraph (a)(1) and not previously provided to the Department in writing.
(c) Within fifteen days of the date of the termination of any of its agreements to tow vehicles from private property, the licensee shall notify the Department, in writing, that the agreement has terminated and the date of such termination.
(d) A towing company shall not remove a vehicle from private property without the consent of such vehicle's owner or operator unless signs are posted on such property which are plainly visible and which contain the following information:
(1) The words "Warning!" and "Private Parking Lot"
(2) The words "Vehicles Subject to Towing"
(3) The conditions under which vehicles are subject to towing, including the hours and days when such towing may occur; and
(4) The name, address, telephone number, and DCA license number of the towing company that is authorized to tow vehicles from the property. The telephone number shall be within one of the telephone or cellular area codes assigned to telephones within New York City.
(5) The fees that will be charged for towing and storage, which shall not exceed the amounts specified in § 19-169.1(a) of the Administrative Code of the City of New York; and
(6) The hours during which the owners or operators of vehicles towed from such property may redeem towed vehicles, provided that such hours shall include all times during which vehicles may be towed from such property and at least 60 minutes after the latest time that vehicles are subject to towing from such property each day.
(e) (1) The signs required to be posted on private property pursuant to subdivision (d) of this section shall read substantially as follows (with the designated information to be inserted at the indicated spaces):
WARNING! (in red letters at least 5 inches high). PRIVATE PARKING LOT (in letters at least 2.5 inches high). (The following text shall be in letters at least 2 inches high.) PARKING PERMITTED {insert if applicable} FROM TO FOR (insert exact conditions under which parking is allowed*). VEHICLES ARE SUBJECT TO TOWING {insert if applicable} FROM TO (insert exact conditions under which vehicles are subject to towing**). $ Fees: (insert applicable lawful fee for towing and storage).*** (The following text shall be at least 3/4 of an inch high.) Towing performed by: (insert name of licensee). (Insert licensee's business address.) Consumer Affairs License Number: (insert licensee's license number) Call: (insert business phone number to release vehicle) to be called to release vehicle (or if applicable identify on site location where person can go to request the release of the vehicle). Redemption period: (insert applicable time during which vehicles may be redeemed.) DCA Complaint Number: (insert current telephone number). |
* The statement that "Parking permitted for patrons of [X, Y, Z stores] only" or a substantially similar statement that clearly identifies, by name, the store(s) that customers must be patronizing shall be used to describe the condition that parking is permitted only while at least one of the vehicle's occupant is patronizing an identified store or business establishment that is contiguous to such lot.
** A statement that "A vehicle is subject to towing if its occupants leave the private parking lot and no such occupant is patronizing any of the specified stores or business establishments for any reason or for any length of time" or a substantially similar statement shall be used to describe the condition that vehicles are subject to towing if all of its occupants leave the private parking lot and specified stores or business establishments for any reason or for any length of time.
*** The maximum amount to be paid to the towing company to release the towed vehicle, which amount may not exceed the charges authorized in § 19-169.1(a) of the New York City Administrative Code.
(2) The telephone number posted on the sign described in paragraph one of this subdivision shall be the telephone number that a person can call to request the redemption of the towed vehicle as provided in paragraph 6 of subsection (e) of this section.
(f) The background color for the signs specified in subdivisions (d) and (e) of this section shall be a color that is sharply distinct from both the red color used for the word "warning" as required in such subdivisions and the color of the text of such signs. The text of such signs shall be composed of capital block letters. The text and the background color of such signs shall be treated with a luminescent coating which shall make such text and such signs clearly visible twenty-four hours a day.
(g) The signs containing the information specified in subdivisions (d) and (e) of this section shall be placed in the following locations at or adjacent to the private property from which vehicles are towed:
(1) At each entry for vehicles, positioned so that the information on the sign is clearly and conspicuously visible to the driver as he or she drives the vehicle onto such private property.
(2) Along the outside perimeter of such private property and spaced so that signs are posted not more than 250 feet apart along the entire perimeter line of the private property, except that if a side along the perimeter is less than 250 feet from where a sign is required to be posted at an entrance or pedestrian access point, no such additional sign is required to be posted on such side. The top of each sign posted pursuant to this paragraph shall be not more than 8 feet nor less than 6 feet above the ground. Each such sign shall be positioned so that the required information is clearly and conspicuously visible to a person viewing it from the private property where vehicles are parked. The signs required to be posted pursuant to this paragraph are not required to be posted along the perimeter of the property where signs are posted pursuant to paragraph (3) of this subdivision and where pedestrian access to such private property is limited to the locations where such signs are posted.
(3) At each pedestrian exit from such private property to the adjacent street or sidewalk and at each point of pedestrian access from such private property to each store or business establishment that is contiguous to or near such private property, except that if the distance between entrances to adjacent stores or business establishments is 50 feet or less, such sign may be posted midway between the two adjacent entrances. The top of each sign posted pursuant to this paragraph shall be not more than 8 feet nor less than 6 feet above the ground. Each such sign shall be faced so the required information is clearly and conspicuously visible to anyone entering the store or business establishment from such private property.
(h) No tow operator shall remove a vehicle from private property without first obtaining written authorization from the owner of such property or the owner's agent who has been designated in writing to authorize such towing. The written authorization must be legible and shall include the date, time, location, make, model, color, and license plate number of the vehicle to be removed, and the name, title and signature of the person authorizing the towing. The licensee shall provide the owner or operator of the towed vehicle a copy of such authorization that also includes an itemized list of the fees that may be collected for the towing and storage of a vehicle towed from the property.
Every person or entity licensed to engage in towing must maintain records in an electronic format concerning every tow performed under the authority of the following: the Directed Accident Response Program ("DARP"), the Rotation Tow Program ("ROTOW"), the Arterial Towing Program, and the authority to remove vehicles improperly parked on private property provided by § 19-169.1 of the Administrative Code, as provided in this section.
(a) General Recordkeeping.
(1) The licensee must create an electronic folder in which it will maintain electronic copies of records for each tow. The licensee must label each electronic folder with the date on which the tow was performed, and must enter the date as "YYYYMMDD." The licensee must maintain the electronic folders in chronological order.
(2) Each electronic folder must contain an electronic copy of each of the following documents:
(i) a completed authorization to tow,
(ii) a receipt for the towing services, and
(iii) a copy of the credit card record of payment for the towing services, if any.
(b) Records of Directed Accident Response Program (DARP) Tows.
(1) For towing service performed under DARP, the licensee must maintain an electronic copy of the authorization required by 6 RCNY § 2-367(a), (b) or (d), which will constitute the authorization required by paragraph 2 of subdivision a of this section.
(2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for a DARP tow a copy of the documents required to be presented by 6 RCNY § 2-371(x) demonstrating that the person who redeems the vehicle is its owner or the agent of the owner.
(3) The licensee must make an electronic record of the same information that is required to be maintained in a bound record book by 6 RCNY § 2-371(u). The licensee must make the electronic record by one of the following methods:
(i) making an electronic copy of the bound record book at least once each week,
(ii) not later than one business day after the occurrence of the event being recorded, entering the information in English on an electronic form in a format provided by the Department as an Excel spreadsheet and accessible at an Internet address provided by the Department, or
(iii) not later than one business day after the occurrence of the event being recorded, entering the information in English on a spreadsheet, local application or web-based system that (a) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and (b) is in an Excel-readable format.
(c) Records of Rotation Tow Program (ROTOW) Tows.
(1) For towing service performed under ROTOW, the licensee must maintain an electronic copy of the completed New York City Police Department form PD 571-147, which will constitute the authorization required by paragraph 2 of subdivision a of this section.
(2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for a ROTOW tow a copy of the documents required to be presented by 6 RCNY § 2-372(q) demonstrating that the person redeeming the vehicle is its owner or the agent of the owner and a copy of any agreement signed by the owner of the vehicle or other person pursuant to 6 RCNY § 2-372(s) authorizing continued storage of the vehicle.
(3) The licensee must make an electronic record of the same information that is required to be maintained in a bound record book by 6 RCNY § 2-372(o). The licensee must make the electronic record by one of the following methods:
(i) making an electronic copy of the bound record book at least once each week,
(ii) not later than one business day after the occurrence of the event being recorded, entering the information in English on an electronic form in a format provided by the Department as an Excel spreadsheet and accessible at an Internet address provided by the Department, or
(iii) not later than one business day after the occurrence of the event being recorded, entering the information in English on a spreadsheet, local application or web-based system that (a) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and (b) is in an Excel-readable format.
(d) Records of Arterial Towing Program Tows.
(1) For towing service performed under the Arterial Towing Program, the licensee must maintain an electronic copy of the completed authorization to tow required by the New York City Police Department, which will constitute the authorization required by paragraph 2 of subdivision a of this section.
(2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for an Arterial Towing tow a copy of the documents provided to the licensee demonstrating that the person redeeming the vehicle is its owner or the agent of the owner.
(e) Records of Tows to Remove Vehicles Improperly Parked on Private Property.
(1) For tows that remove vehicles improperly parked on private property, the licensee must maintain in each electronic folder an electronic copy of the written authorization required by § 19-169.1(c) of the Administrative Code of the City of New York and 6 RCNY § 2-377(h) from the owner of the property or the owner's agent who has been designated in writing to authorize such towing. This authorization will constitute the authorization required by paragraph 2 of subdivision a of this section.
(2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for a tow from private property an electronic copy of the trip record required by § 19-169.1(f) of the Administrative Code and the signed receipt of the person paying removal and storage charges issued pursuant to § 19-169.1(h) of the Administrative Code.
(3) A licensee that performs towing services from private property must make an electronic copy of every contract between the licensee and the owner of private property required by § 19-169.1(c) of the Code. The electronic copy must be labeled with the address of the private property, the name of the owner of the private property and the date of the contract.
(f) Roster of Drivers. On the first Friday of each month, a licensee that performs DARP, ROTOW, Arterial Towing tows or tows to remove vehicles improperly parked on private property must prepare a roster of persons providing towing services for the licensee, including, but not limited to employees and independent contractors, on that date. The roster information must contain the name, address and Department license number of each driver and must be entered in English on either (1) an electronic form in a format provided by the Department as an Excel spreadsheet and accessible at an Internet address provided by the Department or (2) a spreadsheet, local application or web-based system that (i) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and (ii) is in an Excel-readable format.
(g) Format and Preservation of Records.
(1) For purposes of this rule, an electronic record or copy means a document that has been scanned or converted to a Portable Document Format ("PDF") or Tagged Image File Format ("TIFF") that legibly reproduces the original document in all details, including any markings in the margins of the paper document.
(2) If the original of any document contains an attachment, the document must be scanned once with the attachment and once with the attachment removed.
(3) Each electronic copy of a document concerning a tow must be labeled electronically with (i) the licensee's DCA license number, (ii) the license plate number and state of issuance of the vehicle towed, and (iii) the date of the tow, which must be entered as "YYYYMMDD."
(4) Each electronic copy must be electronically labeled with the date and time that the file was created.
(5) At least once each week, the licensee must save the electronic records required by this section, with all electronic folder information intact, to a CD-ROM, DVD-ROM or other write-once media or device, and immediately make a second copy to a write-once media or device. The second copy must be stored off-site. The licensee must maintain the second copy write-once media or device in a manner designed to ensure its security and preservation, including by keeping it in a location separate from the original image file. Each such write-once media or device must be labeled with the licensee's name, license number, the date range of the records stored on the media or device, and the date it was created.
(h) Tampering Prohibited.
(1) A licensee must not tamper with the electronic records required by this section after a PDF or TIFF image is made by modifying, amending, deleting, rearranging or in any other way altering any such data or properties including but not limited to using a meta data scrubber or similar device or program.
(2) If a typographical error has occurred or if data contained in the licensee's record maintained under paragraph 3 of subdivision b or paragraph 3 of subdivision c of this section were accidentally omitted from the electronic data entry, the original record must not be deleted. A new record must be created and be marked "Amended," and the corrected data must be identified by entering it in italics.
(i) Implementation Affirmation. Within sixty (60) days of the effective date of this section, a licensee must submit an affirmation to the Department that it is maintaining electronic records in compliance with this section. After the effective date of this section, no license will be issued until the towing company files with the Department an affirmation that it will comply with this section and no license will be renewed unless the licensee submits an affirmation that it is complying with this section.
Subchapter FF: Booting of Motor Vehicles
(b) Whenever used in this subchapter, the term "licensee" shall mean a person licensed pursuant to Subchapter 32 of Chapter 2 of Title 20 of the New York City Administrative Code.
(a) (1) The signs required to be posted on private parking lots pursuant to paragraph one of subdivision c of § 19-169.2 of the New York City Administrative Code shall read substantially as follows (with the designated information to be inserted at the indicated spaces):
WARNING! (in red letters at least five inches high). PRIVATE PARKING LOT (in letters at least two and one half inches high). (The following text shall be in letters at least two inches high.) PARKING PERMITTED {insert if applicable FROM ___ TO ___ } FOR (insert exact conditions under which parking is allowed*). VEHICLES ARE SUBJECT TO BOOTING {insert if applicable FROM ___ TO ___ } (insert exact conditions under which vehicles are subject to booting**). $ (insert applicable lawful fee) FEE TO UNBOOT VEHICLE. (The following text shall be at least three-fourths of an inch high.) Booting performed by: (insert name of licensee). (Insert licensee's business address.) Consumer Affairs License Number: (insert licensee's license number). Call: (insert business phone number to unboot vehicle) to unboot vehicle (or {if applicable identify on site location where person can go to request the unbooting of the vehicle}). DCA Complaint Number: (insert current telephone number). |
* A statement that "Parking permitted for patrons only" or substantially similar statement shall be used to describe the condition that parking is permitted only while vehicle occupant is patronizing stores or business establishments contiguous to or near such lot.
** A statement that "Vehicles are subject to booting if their occupants leave the private parking lot or the stores or business establishments served by it for any reason or for any length of time" or substantially similar statement shall be used to describe the condition that vehicles are subject to booting if occupants leave the private parking lot or stores or business establishments contiguous to or near such lot for any reason or for any length of time.
(2) The business telephone number posted on the sign described in paragraph one of this subdivision shall be the telephone number that a person can call to request the release of the booted vehicle within 30 minutes from the time the request is made. Such business telephone number shall be within one of the telephone area codes assigned to telephones within the City of New York.
(b) (1) The signs required to be posted at the place where a private street intersects a public street pursuant to subparagraph (i) of paragraph two of subdivision c of § 19-169.2 of the New York City Administrative Code shall read substantially as follows (with the designated information to be inserted at the indicated spaces):
WARNING! (in red letters at least five inches high). ENTERING PRIVATE STREET (in red letters or in such color as the following text and at least two and one half inches high). (The following text shall be in letters at least one inch high.) PARKING PERMITTED {insert if applicable FROM ___ TO ___ } FOR (insert exact conditions under which parking is allowed*). VEHICLES ARE SUBJECT TO BOOTING {insert if applicable FROM ___ TO ___ } (insert exact conditions under which vehicles are subject to booting**). $ (insert applicable fee) FEE TO UNBOOT VEHICLE. (The following text shall be at least three-fourths of an inch high.) Booting performed by: (insert name of licensee). (Insert licensee's business address.) Consumer Affairs License Number: (insert licensee's license number). Call: (insert business phone number to unboot vehicle) to unboot vehicle (or {if applicable identify on site location where person can go to request the unbooting of the vehicle}). DCA Complaint Number: (insert current telephone number). |
* A statement that "Parking permitted only with written authorization" or substantially similar statement shall be used to describe the condition that persons must obtain written permission to park vehicles on such private street.
** A statement that "Vehicles are subject to booting if required written private parking authorization is not displayed on dashboard" or substantially similar statement shall be used to describe the condition that vehicles are subject to booting if the required written authorization is not properly displayed.
(2) The business telephone number posted on the sign described in paragraph one of this subdivision shall be the telephone number that a person can call to request the release of the booted vehicle within 30 minutes from the time request is made. Such business telephone number shall be within one of the telephone area codes assigned to telephones within the City of New York.
(c) The background color for the signs specified in subdivisions a and b of this section shall be white, and the text for such signs shall be composed of capital block letters in a color that is sharply distinct from the red color used for the word "warning" as required in such subdivisions, from the red color used for the words "entering private streets" as authorized by subdivision b of this section and from the solid white background of such sign. The text and the background color shall be treated with a luminescent coating which shall make such text and such signs clearly visible twenty-four hours a day.
(d) The signs containing the information specified in subdivision a of this section shall be placed in the following locations at or adjacent to a private parking lot where vehicles are booted:
(1) At each entry for vehicles from the street to such lot positioned so that the information on the sign is clearly and conspicuously visible to the driver as he or she drives the vehicle onto such lot.
(2) At the outside perimeter of the such lot and spaced so that signs are posted not more than 100 feet apart at the perimeter line of the lot, except that if a side along the perimeter is less than 100 feet, such sign may be posted at the mid-point of such side. The top of each sign posted pursuant to this paragraph shall be not more than 8 feet nor less than 6 feet above the ground. Such sign shall be faced so that the required information is clearly and conspicuously visible to a person from the lot where vehicles are parked. The requirement for posting signs along the perimeter of a lot does not apply to a lot side where signs are posted as required pursuant to paragraph 3 of this subdivision and where pedestrian access to the lot is limited to the locations where such signs are posted.
(3) At each pedestrian exit from such lot to the adjacent street or sidewalk and at each point of pedestrian access from such lot to each store or business establishment that is contiguous to or near such lot, except that if the distance between entrances to adjacent stores or business establishments is 50 feet or less, such sign may be posted midway between the two adjacent entrances. The top of each sign posted pursuant to this paragraph shall be not more than 8 feet nor less than 6 feet above the ground. Such sign shall be faced so the required information is clearly and conspicuously visible to anyone entering the store or business establishment from such lot.
(a) The sticker required by subdivision e of § 19-169.2 of the New York City Administrative Code shall include the following information in the order listed below and shall be printed in at least 12 point bold face type unless otherwise specified:
(1) The word "WARNING!" in capital letters in at least 14 point bold face type followed by the statement that: "This vehicle was booted because it was parked in violation of the rules that are posted on this property. Any attempt to move this vehicle without removing the boot may seriously damage the vehicle."
(2) A statement reading as follows "Vehicle was booted by: (Insert licensee's name and business address). The business is licensed by the NYC Department of Consumer Affairs, license number: (Insert lic. no.). The DCA complaint number is: (Insert DCA phone number)."
(3) A statement reading as follows: "To request the release of vehicle, call: (insert business phone number to call to obtain release of vehicle within the time provided by law) ({or see licensee's representative on these premises} (identify where representative can be found)."
(4) A statement reading as follows: "The vehicle must be released within 30 minutes after you contact the booting company and upon payment of the posted booting fee."
(5) A statement reading as follows: "Vehicle was booted on:" (legibly print the time to the nearest minute and the date).
(6) A statement reading as follows: "The number of the booting receipt you will get upon payment of the booting charge is: (insert number of receipt)."
(b) The printed text of the information required by subdivision a of this section shall be in a color that is sharply distinct from the solid background color of the sticker. The printed text shall be treated with a florescent coating which shall make the text clearly noticeable.
(c) The information to be filled out on such window sticker pursuant to paragraphs five and six of subdivision a of this section at the time the vehicle is booted shall be legibly written with indelible ink in a color that contrasts sharply with the sticker's background color.
(d) Upon payment of the booting fee, the licensee shall remove the window sticker at no extra charge.
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