Section 19-162
§ 19-162 Permissible parking for certain purposes. 1. Notwithstanding
any local law or regulation to the contrary, but subject to the
provisions of the vehicle and traffic law, it shall be permissible for a
bus owned, used or hired by public or nonpublic schools to park at any
time, including overnight, upon any street or roadway, provided said bus
occupies a parking spot in front of and within the building lines of the
premises of the said public school or nonpublic school.
2. Notwithstanding the department of transportation regulation
prohibiting parking in front of private driveways, it shall be
permissible for the owner or lessor of the lot accessed by such driveway
to park a passenger vehicle registered to him or her at that address in
front of such driveway, provided that such lot does not contain more
than two dwelling units and, further provided that such parking does not
violate any other provision of the vehicle and traffic law or local law,
rule or regulation concerning the parking, stopping, or standing of
motor vehicles. The hearing officer shall dismiss any notice of
violation issued to the owner of such passenger vehicle upon receipt
from the owner, in person or by mail, of a copy of the vehicle
registration containing the same address as that at which the ticket was
given or other suitable evidence showing compliance with the law. The
director of the bureau shall set forth the proof required in the case of
lots where confusion may arise including, but not limited to, corner
lots or lots with dual addresses.
Section 19-162.1
§ 19-162.1 Permissible parking for members of the clergy; houses of
worship and hospitals. a. For the purposes of this section the following
terms shall have the following meanings:
1. The term "member of the clergy" as used in this section means a
clergymember or minister as defined in the religious corporations law
including, but not limited to a pastor, rector, priest, rabbi or imam
who officiates at or presides over services on behalf of a religious
corporation or association of any denomination and works an average of
at least twenty hours per week on behalf of such religious corporation
or association.
2. The term "passenger car" as used in this section means a motor
vehicle, lawfully registered in any state, designed and used for
carrying not more than fifteen people, including the driver. Such term
shall not include a vehicle licensed to operate pursuant to chapter five
of this title or a commercial vehicle as defined in section 19-170 of
this code.
3. The term "house of worship" as used in this section means a
building or space owned or leased by a religious corporation or
association of any denomination or used by a religious corporation or
association of any denomination pursuant to the written permission of
the owner thereof, which is used by members principally as a meeting
place for divine worship or other religious observances presided over by
a member of the clergy and which is classified in occupancy group F-1(b)
pursuant to article eight of subchapter three of chapter one of title
twenty-seven of this code. Such term shall not include a dwelling unit
as defined in the housing maintenance code.
4. The term "hospital" as used in this section means a general
hospital, nursing home or hospice in-patient facility certified pursuant
to the public health law or a psychiatric center established pursuant to
section 7.17 of the mental hygiene law.
5. The term "funeral establishment" as used in this section means a
place devoted to or used for the care and preparation of a body of a
deceased person for disposition and for mourning or funeral ceremonial
purposes.
b. Notwithstanding any local law or rule to the contrary, it shall be
permissible for a member of the clergy to park a passenger car which is
owned, registered or leased by such member of the clergy or by a
religious corporation or association employing such member of the clergy
and displays an appropriate department permit, in an available space
where parking is prohibited by a posted sign (i) for a period of up to
five hours upon the roadway adjacent to the house of worship at whose
services such member of the clergy officiates or presides as noted on
such permit, (ii) for a period of up to three hours on the roadway
adjacent to a hospital when such member of the clergy is performing
official duties at such hospital, or (iii) for a period of up to four
hours on the roadway adjacent to a funeral establishment when such
member of the clergy is performing official duties at such funeral
establishment. It shall not be permissible for a member of the clergy to
park where parking is prohibited by rule or where stopping or standing
are prohibited by posted sign or rule.
c. An application for a permit to be issued pursuant to this section,
and such supporting documentation as may be required by the
commissioner, shall be submitted on behalf of a member of the clergy by
the religious corporation or association at whose services the member of
the clergy officiates or presides. Such religious corporation or
association shall certify on a form provided by the department that the
member of the clergy on whose behalf of the application is made will use
such permit only while performing official duties at the house of
worship at whose services such member of the clergy officiates or
presides or while performing such official duties at a hospital and that
such member of the clergy otherwise qualifies for the benefits of this
section. Only one permit shall be issued to any religious corporation or
association and shall include on the front side thereof the license
plate numbers of up to three vehicles owned, registered or leased by
members of the clergy on whose behalf such religious corporation or
association submitted an application. In accordance with the criteria
set forth in this subdivision for the issuance of a permit, the
commissioner shall add, delete or substitute license plate numbers as
may be applied for by a religious corporation or association.
d. Where a permit issued pursuant to this section is used for a
purpose other than official duties as set forth in this section or by a
person other than the member of the clergy indicated in an application
such permit may be rescinded. The member of the clergy who engaged in or
allowed such unauthorized use of the permit shall not be eligible for
inclusion in an application pursuant to this section. The commissioner
shall promulgate such rules as may be necessary for the implementation
of this section and shall set such fee as may be appropriate for the
issuance of permits pursuant to this section.
Section 19-162.2
§ 19-162.2 Permissible parking for emergency ambulance service
vehicles operating for volunteer ambulance services.
a. For purposes of this section the following terms shall have the
following meanings:
1. "volunteer emergency medical technician" shall mean an individual
who meets the minimum requirements established by regulations pursuant
to section three thousand two of the public health law and who is
responsible for the administration or supervision of initial emergency
medical care and transportation of sick or injured persons and who
performs such services without the receipt or expectation of monetary
compensation.
2. "volunteer ambulance service" shall mean a registered or certified
volunteer ambulance service as defined in section three thousand four of
the public health law.
3. "emergency ambulance service vehicle" shall mean a vehicle which is
an appropriately equipped motor vehicle owned or operated by an
ambulance service as defined in section three thousand one of the public
health law and used for the purpose of transporting emergency medical
personnel and equipment to sick or injured persons and which is
transporting a certified first responder.
4. "certified first responder" shall mean an individual who meets the
minimum requirements established by regulations pursuant to section
three thousand two of the public health law and who is responsible for
administration of initial life saving care of sick and injured persons.
b. The commissioner shall issue an annual on-street parking permit for
a vehicle authorized by a volunteer ambulance service to operate as an
emergency ambulance service vehicle. The volunteer ambulance service
shall submit an application for each permit requested on such form as
the commissioner shall determine and shall certify that the permit is
necessary for the performance by a volunteer emergency medical
technician of his or her duties on behalf of that volunteer ambulance
service.
c. The volunteer ambulance service shall specify the requested
geographic territory for each permit, which may not exceed the primary
operating territory listed on the department of health and mental
hygiene ambulance service registration or certification pursuant to
section three thousand four of the public health law.
d. Such parking permit shall only be used for the purpose of parking a
specified emergency ambulance service vehicle where parking is
prohibited by sign or rule, and only while such vehicle is on standby
for use by a volunteer emergency medical technician to respond to
medical emergencies.
e. The license plate number of the vehicle and the name, address and
telephone number where the volunteer ambulance service can be reached
shall be written on the face side of the permit.
f. Notwithstanding any other provision of law, such parking permit
shall not authorize the parking of a motor vehicle in a bus stop, a
taxi-stand, within fifteen feet of a fire hydrant, a fire zone, a
driveway, a crosswalk, a no stopping zone, a no standing zone, or where
the vehicle would be double-parked.
g. Any misuse of such permit shall be sufficient cause for revocation
of said permit.
h. Notwithstanding any other provision of law, no vehicle bearing an
annual on-street parking permit issued pursuant to this section may be
towed when such vehicle is being used in accordance with the purpose for
which such permit was issued, except in public safety emergencies to be
determined by the police department.
Section 19-163
§ 19-163 Holiday suspensions of parking rules. a. All alternate side
of the street parking rules shall be suspended on the following
holidays: Christmas, Yom Kippur, Rosh Hashanah, Ash Wednesday, Holy
Thursday, Good Friday, Ascension Thursday, Feast of the Assumption,
Feast of All Saints, Feast of the Immaculate Conception, first two days
of Succoth, Shemini Atzareth, Simchas Torah, Shevuoth, Purim, Orthodox
Holy Thursday, Orthodox Good Friday, first two and last two days of
Passover, the Muslim holidays of Eid Ul-Fitr and Eid Ul-Adha, Asian
Lunar New Year, the Hindu festival of Diwali on the day that Lakshmi
Puja is observed, and all state and national holidays.
b. Each year, as soon as possible after the days of observance of the
Muslim holidays of Eid Ul-Fitr and Eid Ul-Adha have been fixed pursuant
to religious law and tradition, the commissioner shall designate the
three days applicable to each of the aforementioned holidays as days
upon which alternate side of the street parking rules shall be
suspended.
c. The date of the Asian Lunar New Year shall be the first day of the
second lunar month after the winter solstice in the preceding calendar
year.
Section 19-163.1
§19-163.1 Suspension of parking rules during snowfalls. All alternate
side of the street parking rules shall be suspended during any snowfall
that causes the department of sanitation to suspend its street sweeping
operations, provided that the department may reinstate alternate side of
the street parking rules after twenty-four hours if it determines, after
consulting with the department of sanitation, that alternate side of the
street parking is necessary to immediately commence curbside snow
removal.
Section 19-163.2
§ 19-163.2 Limitation on the use of adhesive stickers in the
enforcement of alternate side of the street parking rules. Neither the
department nor the department of sanitation shall affix an adhesive
sticker to any motor vehicle solely in connection with the enforcement
of alternate side of the street parking rules.
Section 19-164
§ 19-164 Special parking for wheelchair accessible vans. Any
wheelchair accessible van licensed by the taxi and limousine commission
actually in the process of boarding or discharging wheelchair passengers
or escorting wheelchair passengers to and from their destination, shall
be permitted to park in any area in which a vehicle with a special
vehicle identification permit is permitted to park.
Section 19-165
§ 19-165 Parking of motor vehicles at night. a. It shall be unlawful
for any person to park a motor vehicle during the period from one-half
hour after sunset to one-half hour before sunrise on the streets of the
city without displaying lights, unless said vehicle is equipped with a
reflector as provided for in the vehicle and traffic law of the state of
New York.
b. Nothing herein shall be construed to increase the number of hours
of parking permitted by any laws or traffic regulations of the city nor
to permit parking of vehicles where now prohibited by any law or
regulations of any agency in the city.
Section 19-166
§ 19-166 Unlawful use or possession of official cards. Any person who
without permission of the commissioner of transportation:
1. Makes or engraves, or causes or procures to be made or engraved, or
willingly aids or assists in making or engraving, a plate or other means
of reproducing or printing the resemblance or similitude of an official
department of transportation special vehicle identification card or any
other official card issued by the department of transportation; or
2. Has in his or her possession or custody any implements, or
materials, with intent that they shall be used for the purpose of making
or engraving such a plate or means of reproduction; or
3. Has in his or her possession or custody such a plate or means of
reproduction with intent to use, or permit the same to be used, for the
purpose of taking therefrom any impression or copy to be uttered; or
4. Has in his or her possession or custody any impression or copy
taken from such a plate or means of reproduction, with intent to have
the same filled up and completed for the purpose of being uttered; or
5. Makes or engraves, or causes or procures to be made or engraved, or
willingly aids or assists in making or engraving, upon any plate or
other means of reproduction, any figures or words with intent that the
same may be used for the purpose of altering any genuine card
hereinbefore indicated or mentioned; or
6. Has in his or her custody or possession any of the cards
hereinbefore mentioned, or any copy or reproduction thereof; is guilty
of an offense punishable by a fine of not less than two hundred fifty
dollars, or imprisonment for not more than thirty days, or both.
Section 19-167
§ 19-167 Suspending the activation of parking meters on Sundays.
Notwithstanding any other provision of law, no person parking a vehicle
at a parking meter is required to activate such meter on a Sunday and no
notice of violation or summons may be issued solely for the failure to
activate such parking meter on a Sunday.
Section 19-167.1
§ 19-167.1 Parking at broken or missing meters or muni-meters. a. A
person shall be allowed to park at a missing or broken meter up to the
maximum amount of time otherwise lawfully permitted at such meter.
b. If all muni-meters in a parking field or on a block are missing or
broken, a person shall be allowed to park in such parking field or on
such block up to the maximum amount of time otherwise lawfully permitted
by such muni-meters in such controlled parking field or block. For the
purposes of this subdivision, "muni-meter" shall mean an electronic
parking meter that dispenses timed receipts that must be displayed in a
conspicuous place on a vehicle's dashboard.
Section 19-167.2
§ 19-167.2 Transfer of muni-meter time. a. For the purposes of this
section, the term "muni-meter" shall mean an electronic parking meter
that dispenses timed receipts that must be displayed in a conspicuous
place on a vehicle's dashboard.
b. Parking time that is purchased at a muni-meter shall be valid for
use during such time at any parking space where parking meter rules are
in effect, provided that:
1. the parking meter rate at such parking space is the same as or less
than the rate at the location where such parking time was purchased;
2. the vehicle is not parked at such parking space in excess of the
maximum amount of time parking is authorized at such parking space as
indicated on posted signs. For purposes of this paragraph, the length of
time a vehicle is parked at a parking space shall be calculated from the
time such parking time was purchased, as indicated on the muni-meter
receipt; and
3. the vehicle is not otherwise parked in violation of any law or
rule.
Section 19-167.3
§ 19-167.3 Deactivating muni-meters. a. For the purposes of this
section, the term "muni-meter" shall mean an electronic parking meter
that dispenses timed receipts that must be displayed in a conspicuous
place on a vehicle's dashboard.
b. The department shall program each muni-meter to ensure that such
muni-meter is unable to accept payment:
1. from the last time in a day that parking meter rules are in effect
for any parking space within the block or parking field of such
muni-meter, or for any other parking space within one hundred feet of
such muni-meter, until one hour prior to the next time meter rules take
effect for any parking space within the block or parking field, or for
any other parking space within one hundred feet of such muni-meter; and
2. when such muni-meter does not contain paper to print timed
receipts.
c. This section shall apply only to muni-meters that can be programmed
as set forth in subdivision b of this section, provided that no later
than two years after the enactment of the local law that added this
section, all muni-meters in the city of New York shall be capable of
being programmed in the manner required by subdivision b of this
section.
Section 19-168
§ 19-168 Fishing from public bridges. (a) The commissioner shall be
authorized to post on any public bridge within the city, signs
prohibiting fishing therefrom. The commissioner shall post and maintain
such signs on bridges selected at his or her discretion.
(b) It shall be unlawful for any person to fish, by any means
whatsoever, from any public bridge within the city where a sign
prohibiting such conduct has been posted.
(c) Violation of this section shall be punishable by a fine of not
more than fifty dollars nor less than fifteen dollars for each violation
thereof.
Section 19-169
§ 19-169 Removal of vehicles parked in front of a private driveway. a.
Subject to the provisions of this section an owner of a lot containing
no more than two dwelling units, or his or her lessee, may cause any
vehicle which is parked in front of his or her private driveway and
which blocks the entry or egress of a vehicle from such property to be
removed by a person licensed to engage in towing pursuant to subchapter
thirty-one of chapter two of title twenty of the code, where a person
authorized to issue a notice of parking violation has issued such a
notice and affixed it to such unlawfully parked vehicle; the issuance of
such a notice shall constitute authorization to the owner of such
property, or his or her lessee, to arrange for removal of such
unlawfully parked vehicle, and such removal shall be deemed to be at the
request of the person who issued the notice.
b. Where the owner of such property, or his or her lessee, requests a
police officer to arrange for removal of any such unlawfully parked
vehicle, such vehicle shall be removed at the direction of the police
department by the next available towing company participating in the
rotation tow program established pursuant to section 20-519 of the code.
Nothing in this section shall be construed to preclude an owner of such
property, or his or her lessee, acting pursuant to this section, from
arranging for the removal of such unlawfully parked vehicle by a tow
operator of such person's choice. The commissioner of consumer affairs
shall promulgate a regulation establishing performance standards for
licensees in order to insure that vehicles summonsed under this section
are towed as expeditiously as possible.
c. 1. No vehicle may be removed pursuant to this section without the
express written authorization issued to a person licensed to engage in
towing pursuant to subchapter thirty-one of chapter two of title twenty
of the code by the owner of such property, or his or her lessee. Such
authorization shall include the location of the vehicle to be removed,
the make, model, color and license plate number of such vehicle and a
statement that such vehicle was removed pursuant to a notice of parking
violation and shall be signed by the owner of such property, or his or
her lessee, prior to removal.
2. A vehicle may not be removed if it is occupied by any person.
3. Notwithstanding any other provision of law, a vehicle which is
removed shall be taken directly to a facility for storage maintained by
the person licensed to engage in towing pursuant to subchapter
thirty-one of chapter two of title twenty of the code who has removed
such vehicle and which is within ten miles from the point of removal. If
no such facility is available, the closest available facility for
storage maintained by a person so licensed shall be utilized. Such
facility for storage must be a secure place for safekeeping vehicles.
4. Any person who removes a vehicle pursuant to this section shall
within thirty minutes of the vehicle's arrival at a facility for storage
notify the local police precinct having jurisdiction over the area of
such removal of the storage site, the time the vehicle was removed, the
location the vehicle was removed from, the make, model, color and
license plate number of the vehicle, the name of the person who signed
an authorization for the removal and the fact that such vehicle was
removed pursuant to a notice of parking violation and shall obtain the
name of the person at such police precinct to whom such information was
reported and note such name on a trip record together with the date and
time that the vehicle was removed.
5. If the registered owner or other person in control of the vehicle
arrives at the scene prior to removal of the vehicle and such vehicle is
connected to any apparatus for removal, the vehicle shall be
disconnected from such apparatus and such person shall be allowed to
remove the vehicle without interference upon payment of a reasonable
service fee of not more than one-half of the charge allowed for removal
as provided in paragraph eight of this subdivision, for which a receipt
shall be given.
6. The registered owner or other person in control of a vehicle which
has been removed pursuant to this section shall have the right to
inspect the vehicle before accepting its return. No release or waiver of
any kind which would release the person or company removing the vehicle
from liability for damages may be required from any such owner or other
person as a condition of release of the vehicle to such person. A
detailed, signed receipt showing the legal name of the person or company
removing the vehicle must be given to the person paying the removal and
storage charges at the time of payment.
7. Any person who removes a vehicle pursuant to this section shall
comply with the notice provisions of subdivision two of section one
hundred eighty-four of the lien law.
8. Notwithstanding the charges permitted to be collected under
subdivision c of section 20-519 of this code, a person who removes a
vehicle pursuant to section 19-169 of this code may collect the
following charges from the owner or other person in control of such
vehicle, payable before the vehicle is released: one hundred twenty-five
dollars for removal and the first three days of storage; up to fifteen
dollars per day for storage thereafter, except that no charge may be
collected for removal or storage of a vehicle pursuant to this section
by a person who is not licensed to engage in towing pursuant to
subchapter thirty-one of chapter two of title twenty of the code.
9. This section does not apply to law enforcement, firefighting,
rescue squad, ambulance, or other emergency vehicles which are marked as
such.
10. When an owner of property, or his or her lessee, improperly causes
a vehicle to be removed, such person shall be liable to the owner or
other person in control of the vehicle for the cost of removal,
transportation and storage and for any damage resulting from the
removal, transportation and storage of the vehicle.
11. Any person licensed pursuant to subchapter thirty-one of chapter
two of title twenty of the code who removes a vehicle in violation of
paragraphs one through seven of this subdivision shall be punished as
follows: for the first violation, a fine of five hundred dollars; for
the second violation within a period of twelve months of the date of a
first violation, a fine of one thousand dollars; and for any additional
violations within a period of twenty-four months of the date of a first
violation, a fine of one thousand dollars.
d. No person licensed pursuant to subchapter thirty-one of chapter two
of title twenty of the code shall refuse, without justifiable grounds, a
request by any person acting pursuant to this section to remove a
vehicle unlawfully blocking a private driveway. Any person who violates
this subdivision shall be punished as follows: for the first violation,
a fine of one hundred dollars; for the second violation within a period
of twelve months of the date of a first violation, a fine of two hundred
dollars; and for any additional violations within a period of
twenty-four months of the date of a first violation, a fine of five
hundred dollars.
Section 19-169.1
§ 19-169.1 Removal of vehicles improperly parked on private property.
a. Notwithstanding any other provision of law, where a licensed tow
operator removes a vehicle because it is parked on private property in a
manner inconsistent with posted instructions, and such removal is
pursuant to a contract between the owner of the private property and the
licensed tow operator for the removal of any such improperly parked
vehicles, such tow operator may collect the following charges from the
vehicle owner or other person in control of such vehicle, payable before
the vehicle is released: up to but not more than one hundred twenty-five
dollars for removal and the first three days of storage; up to but not
more than fifteen dollars per day for storage thereafter; except that no
charge may be collected for removal or storage of a vehicle pursuant to
this section by a person who is not licensed to engage in towing
pursuant to subchapter thirty-one of chapter two of title twenty of this
code.
b. No owner or operator of parking facilities on private property
shall tow or cause to be towed from such private property any motor
vehicle unless such owner or operator shall conspicuously post and
maintain upon such private property a sign stating the name, address and
telephone number of the tow operator, the hours of operation for vehicle
redemption, towing and storage fees of the tow operator and the hours
vehicles are prohibited from parking and subject to tow.
c. No vehicle shall be removed by a tow operator from private property
without express written authorization by the owner of the private
property or his or her agent as designated in the contract between the
owner of the private property and the tow operator. Such authorization
shall be required for each vehicle removed, and shall include the
location, make, model, color and license plate number of the vehicle to
be removed.
d. A vehicle may not be removed if it is occupied by any person.
e. Notwithstanding any other provision of law, a vehicle which is
removed shall be taken directly to a facility for storage maintained by
the person licensed to engage in towing pursuant to subchapter
thirty-one of chapter two of title twenty of the code who has removed
such vehicle and which is within city limits and no more than ten miles
from the point of removal. If no such facility is available, the closest
available facility for storage within New York city maintained by a
person so licensed shall be utilized. Such facility for storage must be
a secure place for safekeeping vehicles.
f. Any person who removes a vehicle pursuant to this section shall,
within thirty minutes of the vehicle's arrival at a facility for
storage, notify the local police precinct having jurisdiction over the
area from which the vehicle was removed, as to the storage site, the
time the vehicle was removed, the location from which the vehicle was
removed, the name of the person who authorized the removal, and the fact
that the removal was pursuant to a contract with the owner of the
private property, and shall obtain the name of the person at such police
precinct to whom such information was reported and note such name on a
trip record together with the time and date that the vehicle was
removed.
g. If the registered owner or other person in control of a vehicle
arrives at the scene prior to the removal of the vehicle, and such
vehicle is connected to any apparatus for removal, the vehicle shall be
disconnected from such apparatus and such registered owner or other
person in control of such vehicle shall be allowed to remove the vehicle
from the premises without interference upon payment of a reasonable
service fee of not more than one-half of the charge allowed for removal
as provided in subdivision a of this section, for which a receipt shall
be given. Each tow operator shall carry a legible copy of this section
with this paragraph highlighted, and shall show it to a vehicle owner,
or other person in control of the vehicle, who arrives at the scene
prior to the removal of a vehicle.
h. The registered owner or other person in control of a vehicle which
has been removed pursuant to this section shall have the right to
inspect the vehicle before accepting its return. No release or waiver of
any kind which would release the person or company removing the vehicle
from liability for damages may be required from any such owner or other
person as a condition of release of the vehicle to such person. A
detailed, signed receipt showing the legal name of the person or company
removing the vehicle must be given to the person paying the removal and
storage charges at the time of payment.
i. When an owner of private property, his or her agent as designated
in the contract with the tow operator, or a tow operator contracting
with such owner causes a vehicle to be removed in violation of this
section, there shall be no charge to the owner or other person in charge
of the vehicle for the cost of removal and storage. Such person who has
violated this section shall be liable to the owner or other person in
control of the vehicle for any amounts actually paid for removal,
transportation and storage of the vehicle, as well as for any damage
resulting from the removal, transportation and storage of the vehicle.
j. Any person who violates this section shall be punished as follows:
for the first violation, a fine of five hundred dollars; for the second
violation within a period of twelve months of the date of the first
violation, a fine of one thousand dollars; and for any additional
violations within a period of twenty-four months of the date of a first
violation, a fine of one thousand dollars.
k. No person may, under authority of this section, cause the removal
of any ambulance, police vehicle, fire vehicle, civil defense emergency
vehicle, emergency ambulance service vehicle, environmental emergency
response vehicle, sanitation patrol vehicle, hazardous materials
emergency vehicle or ordnance disposal vehicle of the armed forces of
the United States.
l. Authorized officers and employees of the department and the
department of consumer affairs and members of the police department
shall have the power to enforce the provisions of this section and any
rules promulgated hereunder.
m. The commissioner of consumer affairs is authorized to promulgate
such rules as the commissioner deems necessary to effectuate the
provisions of this section.
Section 19-169.2
§ 19-169.2 Booting of improperly parked motor vehicles.
a. Definitions. For the purposes of this section, the following terms
shall have the following meanings:
1. "Boot" or "booting" shall mean the act of placing on a parked motor
vehicle a mechanical device that is designed to be attached to the wheel
or tire or other part of such vehicle so as to prohibit its usual manner
of movement;
2. "Person" shall mean any individual, partnership, corporation,
association, firm or other business entity; and
3. "Private street" shall mean every way or place in private ownership
that is used for vehicular travel by the owner and those having express
or implied permission of the owner or that may be used by the public for
vehicular travel.
b. Except as provided in paragraph two of subdivision a of section
20-531 of this code, no person shall engage in booting unless such
person is licensed by the department of consumer affairs pursuant to
subchapter 32 of chapter 2 of title 20 of this code and any rules
promulgated pursuant thereto.
c. 1. No motor vehicle may be booted unless a sufficient number of
signs is conspicuously posted and maintained by the owner of the
property in the form, manner and location prescribed by rule of the
commissioner of consumer affairs and this subdivision. Such signs shall
contain such information as the commissioner of consumer affairs shall
prescribe in such rule including, but not limited to, the word
"warning," the name, business address, business telephone number and
license number of the person authorized by the property owner to boot
the vehicle, the hours during which and the circumstances under which
vehicles are prohibited from parking on such property and are subject to
booting or towing, if applicable, the fees to be charged for booting and
the telephone number of the office within the department of consumer
affairs responsible for receiving complaints regarding booting. The word
"warning" on such signs shall be in letters not less than five inches
high and shall be in the color red and the lettering on such signs
stating the hours during which and the circumstances under which
vehicles are prohibited from parking on such property and are subject to
booting shall be not less than two inches high. The lettering on such
signs which provides the name, business address, business telephone
number, and license number of the person authorized to boot the vehicle,
the fees to be charged for booting and the department of consumer
affairs telephone complaint number, shall be not less than three-fourths
of an inch high.
2. Notwithstanding paragraph one of this subdivision, the provisions
of this subdivision shall be satisfied with respect to a private street
if (i) a sign containing the information required by this subdivision is
posted and maintained by the owner of such private street at each place
where such private street intersects a public street and such signs are
situated in such a manner as to be readily visible and readable by the
operator of a motor vehicle traveling from a public street onto such
private street, and (ii) there are also a sufficient number of signs on
every other private street that is in the same ownership stating that
vehicles parked on such street without the permission of such owner may
be booted and containing the business telephone number of the person
authorized by the owner to boot the vehicle, which signs are readily
visible and readable by an operator of a motor vehicle traveling on such
street.
3. No charge for the release of a vehicle that has been booted in
excess of that which is contained in the signs required by this
subdivision may be imposed.
4. No motor vehicle shall be booted by a person licensed by the
department of consumer affairs pursuant to subchapter thirty-two of
chapter two of title twenty of this code and any rule promulgated
pursuant thereto unless such licensee has been authorized to boot such
motor vehicle pursuant to a written contract between such licensee and
the owner, lessee, managing agent or other person in control of the
property on which such motor vehicle is parked. Such contract shall also
provide that such owner, lessee, managing agent or other person in
control of the property shall be liable for any violation by such
licensee or his or her employees or agents of any of the provisions of
this section or of subchapter thirty-two of chapter two of title twenty
of this code or of any rules promulgated pursuant to this section or
such subchapter.
5. An owner, lessee, managing agent or other person in control of
property who has entered into a written contract with a person licensed
by the department of consumer affairs pursuant to subchapter thirty-two
of chapter two of title twenty of this code authorizing such licensee to
boot motor vehicles parked on such property shall be liable for any
violation by such licensee or such licensee's employees or agents of the
provisions of this section, of subchapter thirty-two of chapter two of
title twenty of this code or of any rules promulgated pursuant to this
section or such subchapter.
6. Paragraphs four and five of this subdivision shall not apply to the
booting of motor vehicles on a private street.
d. In addition to the provisions of subdivision c of this section, no
motor vehicle may be booted (1) unless such vehicle is unlawfully
parked; (2) where such vehicle is occupied by any person or live animal;
(3) when such vehicle is parked on the roadway side of a vehicle
stopped, standing or parked at the curb; (4) where such vehicle is
parked in a fire lane, or in front of or immediately adjacent to a fire
hydrant, fire connection or building emergency exit; (5) unless the
express written authorization of the owner of a private driveway blocked
by such vehicle has been obtained, which authorization includes the
location, make, model, color and license plate number of such vehicle;
(6) if such vehicle is an ambulance, correction vehicle, police vehicle,
fire vehicle, civil defense emergency vehicle, emergency ambulance
service vehicle, environmental emergency response vehicle, sanitation
patrol vehicle, hazardous materials emergency vehicle, ordnance disposal
vehicle of the armed forces of the United States; and (7) where such
vehicle bears a special vehicle identification parking permit issued in
accordance with the provisions of paragraph 15 of subdivision a of
section 2903 of the New York city charter or issued in accordance with
the provisions of section 1203-a of the vehicle and traffic law, or "MD"
New York registration plates.
e. Immediately after a vehicle is booted, the person booting such
vehicle, the owner of the property where such vehicle was booted, or an
employee or agent of such person or owner, shall affix at the rear-most
portion of the window adjacent to the driver's seat of such vehicle a
sticker measuring eight and one-half inches by eleven inches containing
a warning that any attempt to move the vehicle may result in damage to
the vehicle, and stating the time the vehicle was booted and the name,
business address and the license number of the person who booted such
vehicle as well as a business telephone number which will facilitate the
dispatch of personnel responsible for removing the boot.
f. No release or waiver of any kind purporting to limit or avoid
liability for damages to a vehicle that has been booted shall be valid.
In addition, any person who booted a vehicle, or other person authorized
to accept payment of any charges for such booting, shall provide a
signed receipt to the individual paying the booting charges at the time
such charges are paid. Such receipt shall state the name, business
address, business telephone number and license number of the person who
has booted such vehicle as such information appears on the license to
engage in booting, and such receipt shall also include a telephone
number for the office within the department of consumer affairs
responsible for receiving complaints with respect to booting.
g. No charge shall be imposed for the booting of a vehicle when any
person has committed a violation of this section, subchapter thirty-two
of chapter two of title twenty of this code or any rules promulgated
pursuant to this section or such subchapter with respect to such
vehicle, and any such unlawful charge shall be reimbursed by any person
liable for a violation of this section.
h. Any person who has booted a motor vehicle shall release such
vehicle within thirty minutes of receiving a request for such vehicle's
release; provided, however, that payment of any charge for booting is
made at or prior to the time of such vehicle's release. The owner or
person in control of a vehicle which has been booted by a licensee or
such licensee's employee or agent shall be permitted to pay any charge
for booting at the location where such vehicle was booted and the
licensee, or other person authorized to accept payment, shall accept
such payment in person by credit card in accordance with generally
accepted business practices.
i. Any person who violates any provision of this section or any rule
promulgated pursuant thereto shall be liable for a civil penalty of not
less than five hundred nor more than one thousand dollars.
j. Authorized employees of the department, or the department of
consumer affairs, or any police officer, shall have the power to enforce
the provisions of this section and any rules promulgated pursuant
thereto and the department of consumer affairs shall be authorized to
impose the civil penalties provided for in this section, may arrange for
the redress of any injuries caused by violations of this section and may
otherwise provide for compliance with the provisions and purposes of
this section.
k. The commissioner of consumer affairs is authorized to promulgate
such rules as the commissioner deems necessary to effectuate the
provisions of this section.
l. The provisions of this section shall not apply to the booting of a
motor vehicle by:
1. The city, any other governmental entity, or a person acting under
the direction of the city or such governmental entity, where such
booting is authorized by any other provision of law or any rule or
regulation promulgated pursuant thereto; or
2. Any person who has a lien pursuant to section 184 of the lien law
and who detains such motor vehicle in his or her lawful possession.
Section 19-170
§ 19-170 Limitation on parking of commercial vehicles. a. When parking
is not otherwise restricted, no person shall park a commercial vehicle
in excess of three hours. For purposes of this section, the term
commercial vehicle shall mean a motor vehicle designed, maintained, or
used primarily for the transportation of property.
b. Notwithstanding the foregoing, no person shall park a commercial
vehicle on a residential street from 9 p.m. to 5 a.m. For the purpose of
this subdivision, residential streets are defined as those streets, or
parts thereof, which are located within a residential district under the
zoning resolution. Where a commercial vehicle is parked in violation of
this subdivision, it shall be an affirmative defense to said violation,
with the burden of proof on the person who received the summons, that he
or she was actively engaged in business at the time the summons was
issued at a premises located within three city blocks of where the
summons was issued. This subdivision shall not apply to vehicles owned
or operated by gas or oil heat suppliers or gas or oil heat systems
maintenance companies, the agents or employees, thereof, or any public
utility.
c. 1. Except as otherwise provided in paragraph two of this
subdivision, a violation of this section shall be punishable by the
monetary fine authorized for violation of the rules and regulations of
the commissioner in paragraph one of subdivision a of section twenty
nine hundred and three of the New York City Charter.
2. A first violation of this section, when the commercial vehicle is a
tractor-trailer combination, tractor, truck trailer or semi-trailer,
shall be punishable by a monetary fine of two hundred fifty dollars. Any
such subsequent violation of this section by the same owner, as defined
in paragraph a of subdivision one of section two hundred thirty-nine of
the vehicle and traffic law, within a six month period shall be
punishable by a monetary fine of five hundred dollars.
d. Any commercial vehicle parked in violation of subdivision a or b of
this section shall be subject to impoundment by the department. Any
motor vehicle impounded pursuant to the provisions of this subdivision
shall not be released until all applicable towing and storage fees have
been paid. The commissioner shall be authorized to promulgate
regulations concerning the procedure for the impoundment of vehicles.
e. The sanctions and fees provided for in this section shall be in
addition to any other sanctions, fees or remedies provided by law or
regulation.
Section 19-171
§ 19-171 Helmet requirement for persons under the age of fourteen
operating scooters. a. Definitions. For the purposes of this section:
(1) The term "public highway" means any highway, road, street,
roadway, sidewalk, avenue, alley, public place, public driveway or any
other public way.
(2) The term "scooter" means a device propelled by muscular power,
consisting of a footboard between end wheels and an upright handle
attached to a front wheel or to the footboard.
(3) The term "wearing a helmet" means having a helmet of good fit
fastened securely upon the head with the helmet straps.
b. This section is applicable to the operation of a scooter upon any
public highway or any private road open to public motor vehicle traffic,
and within a park or other area under the jurisdiction of the
commissioner of parks and recreation.
c. No person less than fourteen years of age shall operate a scooter
unless such person is wearing a helmet meeting the standards of the
American National Standards Institute (ANSI Z 90.4 bicycle helmet
standards), the Snell Memorial Foundation's standards for protective
headgear for use in bicycling, the American Society of Testing and
Materials (ASTM) standards for bicycle helmets, the Safety Equipment
Institute standards for bicycle helmets, or the United States Consumer
Product Safety Commission standards for bicycle helmets.
d. It is a traffic infraction to violate the provisions of this
section punishable, upon conviction, by a civil penalty of not more than
fifty dollars. Such traffic infractions shall be heard and determined in
accordance with article 2-A of the vehicle and traffic law. A hearing
officer shall waive the civil penalty for which the parent or guardian
of a person who violates the provisions of this section would be liable
if such parent or guardian supplies proof that between the date of
violation and the appearance date for such violation such parent or
guardian purchased or rented a helmet that meets the requirements of
this section. A hearing officer may waive the civil penalty for which
the parent or guardian of a person who violates the provisions of this
section would be liable if he or she finds that due to reasons of
economic hardship such parent or guardian was unable to purchase or rent
a helmet. A waiver of the civil penalty shall not apply to a second or
subsequent conviction under this section.
e. The parent or guardian of a person less than fourteen years of age
shall be liable for a violation of this section by such person less than
fourteen years of age. A summons for a violation of this section by a
person less than fourteen years of age shall only be issued to the
parent or guardian of such person if the violation occurs in the
presence of such parent or guardian and where such parent or guardian is
eighteen years of age or more. Such summons shall only be issued to such
parent or guardian and shall not be issued to the person less than
fourteen years of age.
f. The failure of any person to comply with the provisions of this
section shall not constitute contributory negligence or assumption of
risk, and shall not in any way bar, preclude or foreclose an action for
personal injury or wrongful death by or on behalf of such person, nor in
any way diminish or reduce the damages recoverable in any such action.
g. The department of health and mental hygiene shall distribute
informational materials through the department's school health program,
which shall include information explaining the hazards of operating
scooters without protective headgear. These informational materials
shall be printed in multiple languages and shall be made available to
any member of the public upon request.
h. The police department and the department of parks and recreation
shall enforce the provisions of this section.
Section 19-171.1.
§ 19-171.1. Multi-passenger wheeled device and motorized pedicab
prohibited.
a. Definitions. For purposes of this section:
1. "Motorized pedicab" shall mean a wheeled device that is designed
and constructed to transport or carry passengers, that is propelled in
whole or in part by other than human power, and that is operated to
transport passengers for hire.
2. "Multi-passenger wheeled device" shall mean a wheeled device with
three or more wheels that is designed and constructed to permit seating
by more than two people, that is propelled by human power, and that is
designed to permit propulsion by more than two individuals
simultaneously.
3. "Owner" shall mean any person who possesses with good legal title,
or possesses under a lease, reserve title contract, conditional sales
agreement or vendor's agreement or similar agreement one or more
motorized pedicabs or multi-passenger wheeled devices in the city of New
York.
4. "Tandem bicycle" shall mean a wheeled device that is constructed so
that its wheels are aligned in a straight line, one behind the other,
permitting operation by two or more people.
b. It shall be unlawful to operate, or cause to be operated, any
motorized pedicab or multi-passenger wheeled device, other than a tandem
bicycle, on any street, sidewalk, highway, bridge, tunnel or park within
New York City.
c. Any person who violates subdivision b of this section may be issued
a notice of violation and shall be subject to a civil penalty that shall
not be: (1) less than two hundred nor more than five hundred dollars for
the first violation; (2) less than five hundred nor more than one
thousand dollars for the second violation committed within a one year
period; (3) less than one thousand nor more than four thousand dollars
for the third violation committed within a one year period. Such penalty
may be recovered in a proceeding before the environmental control board.
d. A person who violates subdivision b of this section shall be guilty
of a misdemeanor, punishable by a fine of not more than two hundred
fifty dollars or imprisonment of up to sixteen days, or by both such
fine and imprisonment.
e. Where a police or peace officer or an authorized employee of a
department designated by the commissioner serves a summons or notice of
violation for violation of this section on a person operating a
multi-passenger wheeled device or motorized pedicab, such
multi-passenger wheeled device or motorized pedicab may be seized. Any
device seized pursuant to this subdivision shall be delivered into the
custody of the police department. The environmental control board shall
hold a hearing to adjudicate the violation of subdivision b of this
section on an expedited schedule and shall render its determination
accordingly.
f. The owner of a multi-passenger wheeled device or motorized pedicab
seized pursuant to subdivision e of this section shall be eligible to
obtain release of such device prior to the hearing provided for in such
subdivision, if such owner has not been found liable for a violation of
subdivision b of this section within a five year period prior to the
violation resulting in seizure. The multi-passenger wheeled device or
motorized pedicab shall be released to such owner upon the posting of an
all cash bond in a form satisfactory to the commissioner in an amount
satisfactory to cover the maximum civil penalties which may be imposed
for a violation of subdivision b of this section and all reasonable
costs for removal and storage of such device.
g. Where the environmental control board finds that there was no
violation of subdivision b of this section, the owner shall be entitled
forthwith to possession of the multi-passenger wheeled device or
motorized pedicab without charge or to the extent that any amount has
been previously paid for release of the device, such amount shall be
refunded.
h. Where the board, after adjudication of the violation of subdivision
b of this section, finds a violation of such subdivision, then (i) if
the multi-passenger wheeled device or motorized pedicab is not subject
to forfeiture pursuant to paragraph one of subdivision j, the police
department shall release such device to its owner upon payment of all
applicable civil penalties and all reasonable costs of removal and
storage; or (ii) if the multi-passenger wheeled device or motorized
pedicab is subject to forfeiture pursuant to paragraph one of
subdivision j of this section, the police department may release such
device to its owner upon payment of all civil penalties and all
reasonable costs of removal and storage, or may commence a forfeiture
action within ten days after the written demand by such owner for such
device.
i. The department shall establish by rule the time within which
multi-passenger wheeled devices or motorized pedicabs that are not
redeemed may be deemed abandoned and the procedures for disposal.
j. 1. In addition to any other penalty or sanction provided for in
this section, a multi-passenger wheeled device or motorized pedicab
seized pursuant to subdivision e of this section, and all rights, title
and interest therein shall be subject to forfeiture to the city upon
notice and judicial determination thereof if the owner of such
multi-passenger wheeled device or motorized pedicab has been found
liable at least two times within a five-year period for violation of
subdivision b of this section.
2. A forfeiture action pursuant to this subdivision shall be commenced
by the filing of a summons with a notice or a summons and complaint in
accordance with the civil practice law and rules. Such summons with
notice or a summons and complaint shall be served in accordance with the
civil practice law and rules on the owner of such multi-passenger
wheeled device or motorized pedicab. A multi-passenger wheeled device or
motorized pedicab which is the subject of such action shall remain in
the custody of the police department or other appropriate agency pending
the final determination of the forfeiture action.
3. Any person who receives notice of the institution of a forfeiture
action who claims an interest in the multi-passenger wheeled device or
motorized pedicab subject to forfeiture may assert a claim in such
action for the recovery of such device or satisfaction of such owner's
interest in such device.
4. Forfeiture pursuant to this subdivision shall be made subject to
the interest of a person who claims an interest in such device pursuant
to subdivision three of this subdivision, where such person establishes
that: (i) such multi-passenger wheeled device or motorized pedicab was
operated in violation of this section without the knowledge of such
person, or if such person had knowledge of such operation, that such
person did not consent to such operation by doing all that could
reasonably have been done to prevent such operation, or (ii) that the
operation of such multi-passenger wheeled device or motorized pedicab in
violation of this section was conducted by any person other than such
person claiming an interest in the device, while such device was
unlawfully in the possession of a person who acquired possession thereof
in violation of the criminal laws of the United States or any state.
5. The police department, after judicial determination of forfeiture,
shall, by public notice of at least five days, sell such forfeited
multi-passenger wheeled device or motorized pedicab at public sale. The
net proceeds of any such sale shall be paid into the general fund of the
city.
6. In any forfeiture action commenced pursuant to this subdivision,
where the court awards a sum of money to one or more persons in
satisfaction of such person's interest in the forfeited device, the
total amount awarded to satisfy such interest or interests shall not
exceed the amount of the net proceeds of the sale of the forfeited
device after deduction of the lawful expenses incurred by the city,
including reasonable costs of removal and storage of the device between
the time of the seizure and the date of sale.
k. The penalties provided by subdivisions c, d, e and j of this
section shall be in addition to any other penalty imposed by any other
provision of law or rule promulgated thereunder.
Section 19-171.2
§ 19-171.2 Pedicab parking. a. For the purposes of this section, the
term "pedicab" shall mean a bicycle as defined in the vehicle and
traffic law or other device that is designed and constructed to
transport or carry passengers, that is solely propelled by human power,
and that is operated to transport passengers for hire.
b. It is a violation for a person to park, stand, or stop a pedicab
where a person is prohibited from parking, standing or stopping a
vehicle pursuant to the rules of the city of New York promulgated by the
commissioner. Notices of parking violations for pedicabs that park,
stand or stop in violation of such rules shall be returnable to the
parking violations bureau.
c. Any person who violates this section shall be subject to a civil
penalty in an amount described in the schedule of fines promulgated by
the department of finance applicable to parking violations for vehicles.
Section 19-172
§ 19-172 Private streets; names, restrictions of. a. It shall be
unlawful for any private street or thoroughfare to bear a name similar
to a street or thoroughfare officially named.
b. Any person convicted of a violation of the provisions of this
section shall be punished by a fine of not more than ten dollars,
imprisonment for not more than ten days, or both.
Section 19-173
§ 19-173 Subway gratings; sweeping into. a. It shall be unlawful for
any person to sweep any substance from a sidewalk or other place into a
grating used for the purpose of ventilating any subway railroad.
b. Any person convicted of a violation of this section shall be
punished by a fine of not more than fifty dollars, imprisonment for not
more than ten days, or both.
Section 19-174
§ 19-174 Passengers boarding horse drawn cabs. a. The commissioner
shall designate by rule specific locations on the streets, avenues and
roadways which shall be the sole locations where passengers may board
horse drawn cabs if such passengers have not prearranged such horse
drawn cab rides in accordance with the provisions of subdivision b of
this section and any rules promulgated pursuant thereto.
b. (1) Horse drawn cabs may accept passengers on a prearranged basis
in areas and at times that are not restricted pursuant to section
20-381.1 of the code. Such prearranged rides shall commence in front of
hotels and restaurants that have obtained the approval of the owner of
the premises at which such hotel or restaurant is located.
(2) This subdivision shall not be construed to permit the operation,
parking, stopping or standing of any horse drawn cab in any area at any
time where or when such operation, parking, stopping or standing is
prohibited by any other law or rule.
c. The department shall annually review existing locations of horse
drawn cab stands and any proposals by the department and any written
proposals by others to establish or eliminate horse drawn cab stands and
shall report the results of such review to the mayor and the council.
This report shall include a list of those locations proposed to be added
or eliminated, those considered by the department, the reasons why any
proposal was not considered and the reasons why the department did or
did not establish or eliminate a horse drawn cab stand at each proposed
location that was considered. Such report shall be submitted to the
mayor and the council within sixty days after the close of the fiscal
year.
Section 19-175
§ 19-175 Variance for special events. a. Notwithstanding the
provisions of section 20-381.1 of the code, the owner or operator of a
horse drawn cab may apply for a variance from the provisions of section
20-381.1 for the limited purpose of carrying out a contract to provide a
horse drawn cab for the filming of a movie, television show or
commercial, or for a wedding, parade, or other special event as shall be
defined by the commissioner by rule. The commissioner shall grant such
variance when he or she determines that the issuance of such variance
would not have an adverse effect on vehicular or pedestrian congestion,
commencement of theatrical productions or public safety.
b. A variance application shall be in such form as prescribed by the
commissioner and shall be submitted to the commissioner no fewer than
three business days prior to the date of the event for which the
variance is requested.
c. The commissioner may require the payment of an application
processing fee in an amount to be established by rule.
d. The commissioner shall issue a document specifying the variance.
Whenever a horse drawn cab is being operated in accordance with a duly
issued variance, such variance shall be carried by the driver of such
horse drawn cab and shall be produced upon the demand of any police,
traffic, parks or other enforcement officer authorized to enforce
section 20-381.1 of the code.
e. Use of a variance by any person other than the person to whom it
was issued, or for any purpose other than the purpose for which it was
issued, shall subject the person using such variance to a civil penalty
of not less than five hundred dollars.
Section 19-175.1
§ 19-175.1 Publication of parking restrictions. a. The commissioner
shall make available on a website information regarding parking
restrictions implemented by the department in the city of New York. Such
website shall be searchable by each city block.
b. Whenever there is a change in parking restrictions adopted by the
department at any time after the department has completed such sign
information system referred to in subdivision a of this section, and
implemented by the department using conventional signage, defined as
mounted metal signs, whether permanent or for construction, the
commissioner shall update such website as soon as practicable to display
the new parking restrictions.
c. No fee shall be charged for the use of the existing website or
separately created website referred to in subdivision a of this section
which contains the parking restriction information required pursuant to
this section.
d. The commissioner is directed to place a notice on such website
advising members of the public to check posted street signs for
compliance with laws and rules.
Section 19-175.2
§ 19-175.2 Notification of changes in parking restrictions. a.
Following any permanent change in parking restrictions posted by the
department, the department shall post notice, in the affected areas,
indicating the effective date of such change. An owner of a motor
vehicle parked in the affected areas who receives a notice of a parking
violation that occurred within five days of posting of the notice of the
parking restriction change shall have an affirmative defense that the
vehicle of the owner was parked in compliance with the applicable
parking restriction that was in effect prior to such change. Within one
business day of making a permanent change in parking restrictions, such
change will be reflected on the website containing parking restrictions
as required by section 19-175.1 of the code.
b. Before the department makes temporary parking restriction changes
to conduct road repairs, it shall post notice of the effective date of
such restrictions as soon as practicable. Such notice shall state that
no notice of violations shall be issued for violations of such temporary
parking restrictions and that if an owner's motor vehicle is missing
from the affected streets, the motor vehicle may have been towed and the
motor vehicle owner should contact the local police precinct for
information about the location of such motor vehicle.
c. Following the issuance by the office of the mayor of a permit that
authorizes filming and/or related activity and that provides special
parking privileges or the temporary suspension of parking restrictions,
the party to whom the permit is issued shall post notice of such parking
restriction changes immediately in the affected areas. Such notice
shall, at a minimum, state the temporary change in the parking
restrictions, the date on which such change will take effect, that no
notice of violations shall be issued for violations of the temporary
parking restrictions and that if an owner's motor vehicle is missing
from the affected streets, the motor vehicle may have been towed and the
motor vehicle owner should contact the local police precinct for
information about the location of such motor vehicle.
d. Following the issuance by the office of the mayor of a permit that
authorizes a sponsor to conduct a street fair or parade and that
provides special parking privileges or the temporary suspension of
parking restrictions, the sponsor shall post notice of such parking
restriction changes on a form provided by the office of the mayor, in
the affected areas, at least seven days prior to the date on which such
change will take effect. Such notice shall, at a minimum, state the
temporary change in the parking restrictions and the date the change
will take effect.
e. Nothing in this section shall be construed to require the
department or any applicable city agency to provide notice of temporary
parking restriction changes when required to preserve public safety.
Section 19-175.3
§ 19-175.3 Notification of changes involving parking meters. Before
the department changes parking meter rates or replaces a parking meter
with a different type of parking meter, it shall provide at least thirty
days written notice of such changes by regular first-class mail and
electronic mail to the community board and council member in whose
district the affected parking meters are or will be located and by
posting such written notice on the department's website. Such notice
shall at a minimum provide the following information with regard to the
changes:
1. Parking rates. Notice shall state the proposed new rate, the
location(s) of the meters affected by such rate change and the earliest
date such new rate will go into effect.
2. Change in meter type. Notice shall state the location(s) where
meters will be converted and the earliest date such converted meters
will go into operation.
Section 19-175.4
* § 19-175.4 Right turns from bus lanes. Notwithstanding any other
law, rule or regulation, when bus lane restrictions are in effect on a
street, it shall not be a violation of law for a vehicle to drive in
such a lane where such vehicle enters the lane and makes the next
permissible right turn onto a street under the jurisdiction of the
commissioner and designated on the map of the city of New York, except
that this section shall not be deemed to permit a vehicle to drive
through an intersection under the jurisdiction of the commissioner in
such bus lane without making a turn.
* NB Effective May 31, 2014
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.