Section 20-320
§ 20-320 Definitions. As used in this subchapter, the following terms
shall mean and include:
1. "Garage." A building, shed or enclosure or any portion thereof
which has the capacity to hold five or more motor vehicles and which is
used to accommodate, store, or keep any motor vehicle for the payment of
a fee or other consideration charged directly or indirectly.
2. "Parking lot." Any outdoor space or uncovered plot of ground which
has the capacity to hold five or more motor vehicles and is used to
accommodate, store, or keep any motor vehicle for the payment of a fee
or other consideration, charged directly or indirectly.
Section 20-321
§ 20-321 License required; fees; term. a. It shall be unlawful for any
person to maintain, operate or conduct a garage or parking lot without a
license therefor issued by the commissioner.
b. A license to maintain, operate or conduct a garage or parking lot
shall be granted to a person of good character, in accordance with the
provisions of this subchapter and the rules and regulations of the
commissioner.
c. The biennial fee for every such license or renewal thereof shall be
as follows:
1. For each garage or parking lot which has the capacity to hold not
more than twenty-five motor vehicles, three hundred dollars.
2. For each garage or parking lot which has the capacity to hold
twenty-six, and not more than fifty motor vehicles, three hundred eighty
dollars.
3. For each garage or parking lot which has the capacity to hold
fifty-one, and not more than one hundred motor vehicles, five hundred
forty dollars.
4. For each garage or parking lot which has the capacity to hold more
than one hundred motor vehicles, six hundred ninety dollars.
d. A commuted license may be issued for a period not exceeding any
four months in the year at one-half the fees provided for hereinabove,
except that the minimum rate for any such commuted license shall not be
less than one hundred fifty dollars.
e. Notwithstanding the provisions above, a fee of three hundred
dollars shall be paid for a license to conduct a garage or parking lot
maintained, operated or conducted under thirty-day permits issued by the
city, any agency thereof, or the transit authority.
Section 20-322
§ 20-322 Exemptions. The provisions of this subchapter shall not apply
to the maintenance, operation or conduct of a garage or parking lot:
a. by the city or any agency thereof;
b. in conjunction with a business for the exclusive accommodation of
patrons of such business or the employees of such business; or
c. by the owner or lessee of a multiple dwelling for the exclusive
accommodation of the tenants or residents of such multiple dwelling.
Section 20-323
§ 20-323 Applications. Each applicant for such license shall file with
the commissioner a written application in such form and containing such
information as may be prescribed by the commissioner.
Section 20-324
§ 20-324 Rate schedules; change of rates. a. Every applicant for a
license to maintain, conduct or operate a parking lot or garage shall
file with the commissioner a schedule of rates showing the prices
charged daily, weekly, and monthly for parking or storage of motor
vehicles.
b. Each such licensee 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 and regulations of the commissioner. Such sign
shall set forth the schedule of rates charged, the hours during which
such garage or parking lot will remain open for business, and the
maximum capacity of such garage or parking lot. Where more than one rate
is charged for the parking or storage of a motor vehicle, the letters
and figures designating each such rate shall be of the same size and
dimensions.
c. No licensee shall make any charge for parking or storing in a
garage or parking lot in excess of the rates set forth in the schedule
filed with the commissioner, unless and until at least sixty days prior
to the effective date of such changed rates, such licensee 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 b hereof.
Section 20-325
§ 20-325 License not transferable. No license issued under the
provisions of this subchapter shall be transferred or assigned to any
person or used by any person, other than the licensee to whom it was
issued, nor shall such license be used at any location other than the
location stated in such license.
Section 20-326
§ 20-326 Claim checks. Every licensee, at the time of accepting a
motor vehicle for parking or storage, shall furnish to the driver of
such vehicle a distinctive claim check acknowledging the receipt of the
vehicle and showing the date of such acceptance. Every such claim check
shall contain the name of the licensee and his or her license number.
Such licensee shall not be required to issue a claim check for any
vehicle which is parked or stored on a weekly or monthly basis, nor for
any vehicle parked in a parking lot where the patrons are permitted to
park and lock their own cars.
Section 20-327
§ 20-327 Limitation on number of vehicles; manner of storage. a. No
motor vehicle shall be accepted by a licensee for parking, or storage,
in excess of the capacity of the garage or parking lot, as shown in the
license. Whenever the maximum capacity of a garage or parking lot has
been reached, the licensee shall post, at the public entrance thereof, a
sign, composed of letters of such size, height, width, spacing, color
and description as shall be prescribed by the rules and regulations of
the commissioner, stating that such maximum capacity has been reached.
b. Vehicles shall be stored or parked on the licensed premises in such
manner as shall be prescribed by the rules and regulations of the
commissioner, for the purpose of safeguarding persons and property and
permitting adequate inspection of the premises.
Section 20-327.1
§ 20-327.1 Bicycle parking spaces.
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.
Section 20-328
§ 20-328 Unauthorized use. a. Definition. Whenever used in this
section, unauthorized use shall mean any and all unlawful act or acts
and any activity not expressly permitted by the owner, lessor or
operator of any property.
b. The commissioner shall receive and investigate complaints
concerning the unauthorized use of parking lots during the hours when
such parking lots are not in operation.
c. Upon due notice and hearing the commissioner shall be empowered to
order remedies to cure such unauthorized use including but not limited
to requiring that the licensee lock or guard the parking lot when it is
not in operation.
d. The commissioner shall promulgate such regulations as may be
necessary to effectuate the purpose of this section.
Section 20-329
§ 20-329 Payments of judgments. Every license issued pursuant to this
subchapter shall be subject to suspension or revocation upon the failure
of such licensee to pay or satisfy any judgment secured against him or
her by anyone who stored or parked a motor vehicle in the garage or
parking lot licensed hereunder, provided that such judgment was secured
in a court of competent jurisdiction against the licensee for acts of
commission or omission with regard to the business maintained, operated
or conducted by him or her pursuant to the license issued hereunder.
Section 20-330
§ 20-330 Regulations. The commissioner may promulgate such rules and
regulations as may be necessary to carry out the provisions of this
subchapter.
Section 20-331
§ 20-331 Revocation, suspension or renewal of license. Any license may
be suspended or revoked by the commissioner, and any application for a
renewal thereof denied, for the failure of the licensee to comply with
any applicable provision of law or any rule or regulation duly
promulgated by the commissioner.