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Chapter 39: Parking Violations
§ 39-01 Definitions.
When used in this chapter, unless otherwise expressly stated, the following definitions shall apply:
   Administrative law judges (ALJ's). "Administrative law judges," or "ALJ's" are persons appointed by the Commissioner to hear and determine charges of parking violations and fix fines and assess penalties as provided in these rules, and when so designated by the Director, be members of the appeals board of the Bureau.
   Business Entity. "Business Entity" means a corporation, partnership, organization or other entity engaged in business, but does not include an individual person or persons.
   Car Rental Program. "Car Rental Program" means a voluntary enrollment program whereby a lessor, upon registering vehicles and paying fees in accordance with 19 RCNY § 39-11(b), receives computer-generated hearing logs and can schedule hearings in PVB's Consolidated Adjudication Unit.
   Commercial Abatement Program. "Commercial Abatement Program" means a voluntary enrollment program whereby Commercial Organizations that are enrolled in the Fleet Program and meet the eligibility criteria established in 19 RCNY § 39-03.2, but are not eligible for the Stipulated Fine Program pursuant to 19 RCNY § 39-03.1, waive their right to challenge parking summonses and agree to pay a reduced fine amount for each summons, pursuant to 19 RCNY § 39-03.2.
   Commercial Organization. "Commercial Organization" means any Business Entity that is an owner or lessee of at least one vehicle that is used exclusively for the delivery of goods or services.
   Consolidated Adjudication Unit (CAU). “Consolidated Adjudication Unit” or “CAU” means a special purpose hearing part of PVB that adjudicates high volumes of summonses, as determined by the Director, in accordance with the representation procedures set forth in 19 RCNY § 39-09.
   Director. Whenever used, the term "Director" shall refer to the head of the Parking Violations Bureau, "the Bureau", appointed by the Commissioner of New York City Department of Finance or other official within the Department of Finance responsible for supervising the operations of the Bureau.
   Electronic case folder. “Electronic case folder” or “ECF” means an electronic file folder generated for the adjudication of parking summonses, which may include any summons, evidence, a written defense, the decision and order, and the hearing audio.
   Fiscal year. "Fiscal year" means a period of one year commencing on the first day of July and terminating on the thirtieth day of June.
   Fleet Program. "Fleet Program" means a voluntary enrollment program whereby Commercial Organizations receive computer-generated hearing logs and can schedule hearings in the Parking Violation Bureau's Consolidated Adjudication Unit pursuant to 19 RCNY § 39-03.
   Lessee. "Lessee" means any person, corporation, firm, partnership, agency, association or organization that rents, bails, leases or contracts for the use of one or more vehicles and has the exclusive use thereof for any period of time.
   Lessor. "Lessor" means any person, corporation, firm, partnership, agency, association or organization engaged in the business of renting or leasing vehicles to any lessee or bailee under a rental agreement, lease or otherwise, wherein the said lessee or bailee has the exclusive use of said vehicle for any period of time. "Lessor" shall be construed to include the "owner," as defined in this 19 RCNY § 39-01, of a vehicle rented or leased in a vehicle renting or leasing business wherein the said lessee or bailee has the exclusive use of said vehicle for any period of time; provided, however, that a lessee of a vehicle shall not be construed to be a lessor even if it is a registrant or co-registrant of a vehicle.
   Long-term lease. "Long-term lease" means a lease for a term of one year or more.
   Meter number. “Meter number” means, as applicable:
      (1)   The identification number of a parking meter, as defined in 34 RCNY § 4-01, in circumstances where parking time has been purchased using such a parking meter; or
      (2)   The applicable zone number included on posted signage or within a mobile payment application for the side of a block where a motor vehicle is parked in on-street or off-street parking areas, in circumstances where a timed receipt is dispensed to be displayed on the dashboard of such vehicle or in a visible and secure place on a motorcycle or parking time has been purchased using an authorized electronic communication device.
   Notice of violation (summons). "Notice of violation" shall mean:
      (1)   A form or duplicate thereof prepared and distributed by the Bureau substantially completed and sworn to or affirmed by authorized issuing agents which shall constitute a notice of violation when served as hereinafter provided.
      (2)   For purposes of this definition, authorized issuing agents shall be members of the Police Department, Fire Department, Department of Transportation, Traffic Enforcement Agents, Department of Sanitation, the Sheriff, Under Sheriff and Deputy Sheriffs of the Department of Finance's Office of the City Sheriff, Fraud and Associate Fraud Investigators of the Department of Finance, Department of Business Services, Business Integrity Commission, New York City Housing Authority Police, Port Authority of New York and New Jersey Police, Police of the Metropolitan Transportation Authority and its subsidiary authorities, United States Park Police, Department of Buildings Special Patrolmen, State Regional Park Police, Taxi and Limousine Commission, Waterfront Commission of New York Harbor, Department of Parks and Recreation, Department of Correction, Roosevelt Island Security Organization, Sea Gate Association Police, Snug Harbor Rangers with peace officer status, officers of the Co-op City Department of Public Safety, Amtrak Police Officers, Office of Court Administration Court Officers, Department of Health Police Officers, Health and Hospitals Corporation Police Officers, New York State Office of Mental Health Safety Officers, New York State Office of Mental Retardation and Developmental Disabilities Police Officers, Triborough Bridge and Tunnel Authority Police Officers, State University Maritime College Public Safety Officers, Department of Environmental Protection Police Officers, managers of the New York City Transit Authority, and Officers of the Federal Protective Service of the United States Department of Homeland Security.
      (3)   For purposes of this definition, authorized issuing agents shall also include special patrolmen appointed by the police commissioner pursuant to subdivision (c) of § 14-106 of the Administrative Code of the City of New York to do special duty at Parkchester South Condominium, at the New York City Hunts Point Terminal Market in the borough of the Bronx, Stuyvesant Town in the borough of Manhattan, and various facilities under the jurisdiction of the Department of Citywide Administrative Services.
   Operator. Whenever used, the term "operator" means any person, corporation, firm, agency, association or organization that uses, operates or is responsible for a vehicle at the time the violation occurs, with or without the permission of the owner, and an owner who operates his or her or its own vehicle.
   Owner. "Owner" means any person, corporation, partnership, firm, agency, association, lessor or organization who at the time of the issuance of a notice of violation in connection with a vehicle operated in the City of New York:
      (1)   is the beneficial or equitable owner of such vehicle; or
      (2)   has the title to such vehicle; or
      (3)   is the registrant or co-registrant of such vehicle which is registered with the Department of Motor Vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or
      (4)   used such vehicle in its vehicle renting and/or leasing business; or
      (5)   is an owner of such vehicle as defined by sections 128 or 2101(a) of the Vehicle and Traffic Law.
   Parking violations. "Parking violations" are traffic infractions constituting a violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle.
   Parking Violations Bureau (PVB). "Parking Violations Bureau", or “PVB”, is an administrative tribunal in the New York City Department of Finance established to accept pleas to, and to hear and determine charges of traffic infractions relating to parking violations within the City of New York, to provide for monetary fines, penalties and fees for such violations, and to enter and enforce judgments of the Bureau in the same manner as the enforcement of money judgments in civil actions.
   Plea of guilty. As used herein, the term "plea of guilty" shall mean an admission of liability.
   Plea of not guilty. As used herein, the term "plea of not guilty" shall mean a denial of liability.
   Primary filing. "Primary filing" means the initial filing of registration plate numbers by a lessor or Commercial Organization prior to the commencement of each fiscal year.
   Respondent. Whenever used, the term "respondent" shall mean the person charged with a parking violation.
   Stipulated Fine Program. "Stipulated Fine Program" means a voluntary enrollment program whereby Commercial Organizations that make expeditious pick-ups, deliveries and/or service calls and that are enrolled in the Fleet Program and meet the eligibility criteria established in 19 RCNY § 39-03.1, waive their right to challenge parking summonses and agree to pay a reduced fine amount for each summons, pursuant to 19 RCNY § 39-03.1.
   Supervising and senior administrative law judges. "Supervising and senior administrative law judges" are persons appointed by the Commissioner of Transportation thus far, or appointed by the Commissioner of Finance thus far and from now on, to hear and determine charges of parking violations, assist the Director in the supervision and administration of the work of the Bureau, and when so designated by the Director, be members of the Appeals Board of the Bureau.
(Amended City Record 5/25/2016, eff. 6/24/2016; amended City Record 3/13/2024, eff. 4/12/2024)
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