Section 19-200
§ 19-200 Definitions. Whenever used in this chapter, the following
terms shall have the following meanings:
a. "Commissioner" means the commissioner of finance.
b. "Department" means the department of finance.
Section 19-201
§ 19-201 Parking violations bureau created. There is hereby created in
the department a parking violations bureau which shall have jurisdiction
of allegations of traffic infractions which constitute a parking
violation. For the purpose of this chapter, a parking violation is the
violation of any local law, rule or regulation provided for or
regulating the parking, stopping or standing of a motor vehicle.
Section 19-202
§ 19-202 Personnel of the bureau. a. The head of such bureau shall be
the director, who shall be appointed by the commissioner. The director
may delegate any of the powers and duties conferred upon him or her by
this chapter.
b. The commissioner may appoint a deputy director and may employ such
officers and employees as may be required to perform the work of the
bureau, within the amounts available therefor by appropriation.
c. The commissioner shall appoint senior hearing examiners, not to
exceed ten in number. The duties of each senior hearing examiner shall
include, but not be limited to: (1) presiding at hearings for the
adjudication of charges of parking violations; (2) the supervision and
administration of the work of the bureau; and (3) membership on the
appeals board of the bureau, as herein provided.
d. The commissioner shall appoint hearing examiners who shall preside
at hearings for the adjudication of charges of parking violations. The
commissioner may also designate non-compensated hearing examiners as he
or she may deem necessary. Every hearing examiner shall have been
admitted to the practice of law in this state for a period of at least
five years.
Section 19-203
§ 19-203 Functions, powers and duties of the parking violations
bureau. The parking violations bureau shall have the following
functions, powers and duties:
a. To accept pleas to, and to hear and determine, charges of parking
violations;
b. To provide for penalties other than imprisonment for parking
violations, provided however, that monetary penalties shall not exceed
fifty dollars for each parking violation, provided that monetary
penalties shall not exceed one hundred dollars for each parking
violation committed in a space where stopping or standing is prohibited
and provided, further, that monetary penalties shall not exceed one
hundred fifty dollars for each handicapped parking violation;
c. To adopt rules and regulations not inconsistent with any applicable
provision of law to carry out the purposes of this chapter, including
but not limited to rules and regulations prescribing the internal
procedures and organization of the bureau, the manner and time of
entering pleas, the conduct of hearings, and the amount and manner of
payment of penalties;
d. To issue subpoenas to compel the attendance of persons to give
testimony at hearings and to compel the production of relevant books,
papers and other things;
e. To enter judgments and enforce them, without court proceedings, in
the same manner as the enforcement of money judgments in civil actions;
f. To compile and maintain complete and accurate records relating to
all charges and dispositions;
g. To remit to the commissioner of finance, on or before the fifteenth
day of each month, all monetary penalties or fees received by the bureau
during the prior calendar month, along with a statement thereof, and, at
the same time, to file a duplicate copy of such statement with the
comptroller;
h. To prepare and issue a notice of violation in blank to members of
the police department, the fire department, the department of
transportation and to other officers as the bureau by regulation shall
determine. The notice of violation, when filled in and sworn to or
affirmed by such designated officers, and served as provided in this
chapter, shall constitute notice of the parking violation charged.
Section 19-204
§ 19-204 Notice of violation. a. The notice of violation shall contain
information advising the person charged of the manner and the time in
which he or she may plead either guilty or not guilty to the charge
alleged in the notice. Such notice of violation shall also contain a
warning to advise the person charged that failure to plead in the manner
and time provided shall be deemed, for all purposes, an admission of
liability and that a default judgment may be rendered. The form and
wording of the notice of violation shall be prescribed by the director.
A copy of each notice of violation served shall be filed and retained by
the bureau, and shall be deemed a record kept in the ordinary course of
business, and shall be prima facie evidence of the facts contained
therein.
b. The notice of violation shall be served personally upon the
operator of a motor vehicle who is present at the time of service, and
his or her name, together with the license designation as shown by the
registration plates on said vehicle, shall be inserted therein. The
notice of violation shall be served upon the owner of the motor vehicle
if the operator is not present, by affixing such notice to said vehicle
in a conspicuous place. Whenever such notice is so affixed, in lieu of
inserting the name of the person charged with the violation in the space
provided for the identification of said person, the words "owner of the
motor vehicle bearing license" may be inserted to be followed by the
license designation as shown by the registration plates on said vehicle.
Service of the notice of violation by affixation as herein provided
shall have the same force and effect and shall be subject to the same
penalties for disregard thereof as though the same was personally served
with the name of the person charged with the violation inserted therein.
c. For purposes of this section, an operator of a motor vehicle who is
not the owner thereof but who uses or operates such vehicle with the
permission of the owner, express or implied, shall be deemed to be the
agent of such owner to receive notices of violation, whether personally
served on such operator or served by affixation in the manner aforesaid,
and service made in either manner as herein provided shall also be
deemed to be lawful service upon such owner.
Section 19-205
§ 19-205 Liability. a. 1. Whenever used in this chapter, the term
"owner", shall include: (A) the registered owner of a motor vehicle used
or operated in the city of New York, and (B) any person, corporation,
firm, agency, association or organization that is the renter or lessor
of a motor vehicle used or operated in the city of New York.
2. Whenever used in this chapter, the term "operator" means any
person, corporation, firm, agency, association or organization that uses
or operates a motor vehicle with or without the permission of the owner,
and an owner who operates his or her own motor vehicle.
b. The operator of a motor vehicle shall be primarily liable for the
penalties imposed pursuant to this chapter. The owner of the motor
vehicle, even if not the operator thereof, shall also be liable
therefor, if such motor vehicle was used or operated with his
permission, express or implied, but in such case, the owner may recover
any penalties paid by him or her from the operator.
c. Notwithstanding any inconsistent provisions of this chapter or of
any other provision of law, any person, corporation, firm, agency,
association or organization that is the renter or lessor of a motor
vehicle shall not be liable for penalties imposed pursuant to this
chapter if at the time the notice of violation is served, the
registration plate number of the vehicle for which said notice of
violation was served and the address of the lessor has been filed by the
lessor with the bureau and notice of the service of a notice of
violation for a parking violation has not been given to the renter or
lessor within ninety days after such service. Such notice shall be given
by ordinary mail to the address on file with the bureau.
Section 19-206
§ 19-206 Hearings. a. Notice of hearing. Whenever a person charged
with a parking violation enters a plea of not guilty, the bureau shall
advise such person personally or by registered or certified mail, return
receipt requested, of the date on which he or she must appear to answer
the charge at a hearing. The form and content of such notice of hearing
shall be prescribed by the director, and shall contain a warning to
advise the person so pleading that failure to appear on the date
designated, or on any subsequent adjourned date, shall be deemed, for
all purposes, an admission of liability, and that a default judgment may
be rendered.
b. Conduct of Hearings. 1. Every hearing for the adjudication of a
charge of parking violation shall be held before a senior hearing
examiner or a hearing examiner in accordance with rules and regulations
promulgated by the bureau.
2. No charge may be established except upon proof by a preponderance
of the evidence.
3. The hearing officer shall not be bound by the rules of evidence in
the conduct of the hearing, except rules relating to privileged
communications.
4. The hearing officer may, in his or her discretion, or at the
request of the person charged, issue a subpoena to compel the appearance
at a hearing of the officer who served the notice of violation or of
other persons to give testimony, and may issue a subpoena duces tecum to
compel the production for examination or introduction into evidence, of
any book, paper or other thing relevant to the charges.
5. In the case of a refusal to obey a subpoena, the bureau may make
application to the supreme court pursuant to section twenty-three
hundred eight of the civil practice law and rules, for an order
requiring such apppearance, testimony or production of evidence.
6. The hearing officer shall not examine the parking record of a
person charged prior to making a determination.
Section 19-207
§ 19-207 Judgments. a. The hearing officer shall make a determination
on the charges, either sustaining or dismissing them. Where the hearing
officer determines that the charges have been sustained he or she may
examine the parking violations record of the person charged prior to
rendering a judgment. Judgments sustaining or dismissing charges shall
be entered on a judgment roll maintained by the bureau together with
records showing payment and non-payment of penalties. No penalties or
fees for late payment of a sustained charge shall be assessed by the
bureau until at least thirty days have elapsed from the issuance of a
notice of determination. If a person files an appeal pursuant to the
rules of the bureau, no penalties or fees for late payment of a
sustained charge shall be assessed by the bureau until at least thirty
days have elapsed from the issuance of a notice of determination of the
appeal.
b. Where an operator or owner fails to enter a plea to a charge of
parking violation or fails to appear on a designated hearing date or
subsequent adjourned date, as prescribed by this chapter or by rule or
regulation of the bureau, such failure to plead or to appear shall be
deemed, for all purposes, an admission of liability and shall be grounds
for rendering and entering a default judgment. However, after the
expiration of the time prescribed for entering a plea or making an
appearance, and before such default judgment may be rendered, the bureau
shall notify such operator or owner, by ordinary mail (1) of the
violation charge, (2) of the impending default judgment, and (3) that a
default may be avoided by entering a plea or making an appearance within
thirty days of the sending of such notice. Pleas entered or appearances
made within that period shall be in the manner prescribed in the notice
and not subject to additional penalty or fee. Such notice of impending
default judgment shall not be required prior to the rendering and entry
thereof in the case of operators or owners who are non-residents of the
state of New York. In no case shall a default judgment be rendered or,
where required, a notice of impending default judgment be sent, more
than two years after the expiration of the time prescribed for entering
a plea or making an appearance.
Section 19-208
§ 19-208 Appeals within the bureau. a. There shall be an appeals board
within the bureau which shall consist of three or more senior hearing
examiners, as the director shall determine.
b. An appeal from a judgment of any hearing officer shall be submitted
to the appeals board, which shall have power to review the facts and the
law, but shall not consider any evidence which was not presented to the
hearing officer and shall have power to reverse or modify any judgment
appealed from for error of fact or law.
c. A party aggrieved by the judgment of a hearing officer may obtain a
review thereof by serving upon the bureau within thirty days of the
entry of such judgment, a notice of appeal setting forth the reasons why
the judgment should be reversed or modified.
d. Appeals shall be made without the appearance of the appellant
unless requested by the appellant or the appeals board. Within ten days
after a request for an appearance, made by the appellant or the board,
the bureau shall advise the appellant, either personally or by
registered or certified mail, return receipt requested, of the date on
which he or she shall appear. The appellant shall be notified in writing
of the decision of the appeals board.
e. The service of a notice of appeal shall not stay the enforcement of
a judgment appealed from unless the appellant shall have posted a bond
in the amount of the judgment appealed from, at the time of, or before
the service of such notice.
Section 19-209
§ 19-209 Judicial Review. The order of the appeals board shall be the
final determination of the bureau. Judicial review may be sought
pursuant to article seventy-eight of the civil practice law and rules.
Section 19-210.
* § 19-210. Owner liability for failure of operator to comply with
traffic-control indications. (a) 1. Notwithstanding any other provision
of law, the parking violations bureau is hereby authorized and empowered
to establish a demonstration program imposing monetary liability on the
owner of a vehicle for failure of an operator thereof to comply with
traffic-control indications in accordance with the provisions of this
section. The department of transportation, for purposes of
implementation of such program, shall be authorized to install and
operate traffic-control signal photo violation-monitoring devices at no
more than one hundred fifty intersections at any one time.
2. Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a
vehicle, provided that such city has made a reasonable effort to comply
with the provisions of this paragraph.
(b) 1. The owner of a vehicle shall be liable for a penalty imposed
pursuant to this section if such vehicle was used or operated with the
permission of the owner, express or implied, in violation of subdivision
(d) of section eleven hundred eleven of the vehicle and traffic law, and
such violation is evidenced by information obtained from a
traffic-control signal photo violation-monitoring system; provided,
however, that no owner of a vehicle shall be liable for a penalty
imposed pursuant to this section where the operator of such vehicle has
been convicted of the underlying violation of subdivision (d) of section
eleven hundred eleven of the vehicle and traffic law.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator failed to
obey a traffic-control indication. For purposes of this subdivision,
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator failed to obey a traffic-control indication.
(c) For purposes of this section, "owner" shall mean any person,
corporation, partnership, firm, agency, association, lessor, or
organization who at the time of the issuance of a notice of violation in
which a vehicle is operated:
(1) is the beneficial or equitable owner of such vehicle; or
(2) has 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) uses such vehicle in its vehicle renting and/or leasing business;
or
(5) is an owner of such vehicle as defined by section one hundred
twenty-eight or subdivision (a) of section twenty-one hundred one of the
vehicle and traffic law.
(d) For purposes of this section, "traffic-control signal photo
violation-monitoring system" shall mean a device installed to work in
conjunction with a traffic-control signal which, during operation,
automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in violation of subdivision (d) of
section eleven hundred eleven of the vehicle and traffic law.
(e) A certificate, sworn to or affirmed by a technician employed by
the department, or a facsimile thereof, based upon inspection of
photographs, microphotographs, videotape or other recorded images
produced by a traffic-control signal photo violation-monitoring system,
shall be prima facie evidence of the facts contained therein. Any
photographs, microphotographs, videotape or other recorded images
evidencing such a violation shall be available for inspection in any
proceeding to adjudicate the liability for such violation imposed
pursuant to this section.
(f) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of the vehicle and traffic law pursuant to this
section shall be liable for monetary penalties in accordance with a
schedule of fines and penalties to be promulgated by such bureau. The
liability of the owner pursuant to this section shall not exceed fifty
dollars for each violation; provided however that such bureau may
provide for an additional penalty not in excess of twenty-five dollars
for each violation for the failure to respond to a notice of liability
within the prescribed time period. Such bureau shall adjudicate
liability imposed by this section.
(g) An imposition of liability under this section shall not be deemed
a conviction as an operator and shall not be made part of the operating
record of the person upon whom such liability is imposed nor shall it be
used for insurance purposes in the provision of motor vehicle insurance
coverage.
(h) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of the vehicle and traffic law
pursuant to this section. Personal service on the owner shall not be
required. A manual or automatic record of mailing prepared in the
ordinary course of business shall be prima facie evidence of the facts
contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of the vehicle and traffic law
pursuant to this section, the registration number of the vehicle
involved in such violation, the location where such violation took
place, the date and time of such violation and the identification number
of the camera which recorded the violation or other document locator
number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he or she may contest
the liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the bureau
or its designee.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle was reported to the
police department as having been stolen, it shall be a valid defense to
an allegation of liability for a violation of subdivision (d) of section
eleven hundred eleven of the vehicle and traffic law pursuant to this
section that the vehicle had been reported to the police as stolen prior
to the time the violation occurred and had not be recovered by such
time. For purposes of asserting the defense provided by this subdivision
it shall be sufficient that a certified copy of the police report on the
stolen vehicle be sent by first class mail, return receipt requested, to
such bureau.
(j) If the owner liable for a violation of subdivision (d) of section
eleven hundred eleven of the vehicle and traffic law pursuant to this
section was not the operator of the vehicle at the time of the
violation, the owner may maintain an action for indemnification against
the operator.
(k) An appeal of an adjudication of liability pursuant to this section
may be taken in accordance with the provisions of section 19-208.
(l) 1. An owner who is a lessor of a vehicle to which a notice of
liability was issued pursuant to subdivision (h) of this section shall
not be liable for the violation of subdivision (d) of section eleven
hundred eleven of the vehicle and traffic law provided that:
A. prior to the violation of the lessor has filed with the bureau and
paid the required filing fee in accordance with the provisions of
section two hundred thirty-nine of the vehicle and traffic law; and
B. within thirty-seven days after receiving notice from the bureau of
the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to the
bureau the correct name and address of the lessee of the vehicle
indentified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental
lease or other contract document, as may be reasonably required by the
bureau pursuant to regulations that may be promulgated for such purpose.
2. Failure to comply with subparagraph B or paragraph one of this
subdivision shall render the owner liable for the penalty prescribed in
this section.
3. Where the lessor complies with the provisions of this subdivision,
the lessee of such vehicle on the date of such violation shall be deemed
to be the owner of such vehicle for purposes of this section, shall be
subject to liability for such violation pursuant to this section and
shall be sent a notice of liability pursuant to subdivision (h) of this
section.
(m) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (d) of
section eleven hundred eleven of the vehicle and traffic law.
(n) On or before September 1, 1989, and every four months thereafter,
until such time as the demonstration program authorized in subdivision
(a) hereof shall be fully operational, the commissioner of
transportation shall submit a written report to the council on the
status of said demonstration program. Such report shall include, but not
be limited to, the locations selected for inclusion in the demonstration
program and the cost to the city, both individually and collectively, of
each location included in such demonstration project.
(o) The commissioner shall submit to the governor, the temporary
president of the senate, the speaker of the assembly and the council an
annual report on the results of the use of a traffic-control signal
photo violation-monitoring system on or before June first, two thousand
seven and on the same date in each succeeding year in which the
demonstration program is operable. Such report shall include, but not be
limited to:
1. a description of the locations where traffic-control signal photo
violation-monitoring systems were used;
2. within each borough of such city, the aggregate number, type and
severity of accidents reported at intersections where a traffic-control
signal photo violation-monitoring system is used for the year preceding
the installation of such system, to the extent the information is
maintained by the department of motor vehicles of this state;
3. within each borough of such city, the aggregate number, type and
severity of accidents reported at intersections where a traffic-control
signal photo violation-monitoring system is used, to the extent the
information is maintained by the department of motor vehicles of this
state;
4. the number of violations recorded at each intersection where a
traffic-control signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations
recorded by such systems;
6. the number of fines and total amount of fines paid after first
notice of liability issued for violations recorded by such systems;
7. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made for violations
recorded by such systems;
8. the total amount of revenue realized by such city from such
adjudications;
9. expenses incurred by such city in connection with the program; and
10. quality of the adjudication process and its results.
(p) It shall be a defense to any prosecution for a violation of
subdivision (d) of section eleven hundred eleven of the vehicle and
traffic law pursuant to this section that such traffic-control
indications were malfunctioning at the time of the alleged violation.
* NB Expires December 1, 2014
Section 19-211
§ 19-211 Additional penalties for parking violations. In accordance
with paragraph b-1 of subdivision two of section two hundred thirty-five
of the vehicle and traffic law, the parking violations bureau may adopt
a rule providing for the imposition of the additional penalties set
forth in the following schedule for failure to respond to a notice of
violation for a parking violation:
a. Failure to respond to a notice of violation for a parking violation
within thirty days shall result in liability, commencing on the
thirty-first day, for an additional penalty in an amount, not to exceed
ten dollars, indicated on the notice of violation for a parking
violation; where a city has given a second notice pursuant to paragraph
a of subdivision two of section two hundred thirty-five of the vehicle
and traffic law failure to respond to a notice of violation for a
parking violation within forty-five days may result in liability,
commencing on the forty-sixth day, for the penalty prescribed above for
failure to respond within thirty days and an additional penalty not to
exceed twenty dollars; and where a city has given a second notice
pursuant to paragraph a of subdivision two of section two hundred
thirty-five of the vehicle and traffic law failure to respond to a
notice of violation for a parking violation within seventy-five days may
result in liability, commencing on the seventy-sixth day, for the
penalty prescribed above for failure to respond within thirty days and
for a failure to respond within forty-five days and an additional
penalty not to exceed thirty dollars.
b. Notwithstanding the foregoing schedule of additional penalties, if
an owner makes a plea or appears within twenty days after the issuance
of a second notice of violation in accordance with paragraph a of
subdivision two of section two hundred thirty-five of the vehicle and
traffic law, or prior to such mailing, such additional penalty shall not
exceed ten dollars.
Section 19-212
§ 19-212 Limitation on removal of motor vehicles for purposes of
satisfying parking violation judgments. Notwithstanding any other
provision of law, a motor vehicle shall not be removed from any street
or other public area solely for the purpose of satisfying an outstanding
judgment or judgments for parking violations against the owner unless
the total amount of such judgment or judgments, including interest, is
greater than three hundred fifty dollars. The provisions of this section
shall not be construed to prohibit the removal of a motor vehicle which
is illegally parked, stopped or standing.
Section 19-213.
§ 19-213. Grace period. a. For the purposes of this section, the term
"munimeter receipt" shall mean the receipt showing the amount of parking
time purchased that is dispensed by an electronic parking meter and must
be displayed in a conspicuous place on a vehicle's dashboard.
b. No notice of violation shall be issued for allegedly parking in
excess of the allotted time displayed on a munimeter receipt or longer
than the time period allowed by a sign posted by the department until
five minutes after the time that such a violation occurs.
Section 19-214
§ 19-214 Failure to display a muni-meter receipt. a. For purposes of
this section, the term "muni-meter receipt" shall mean the receipt
showing the amount of parking time purchased that is dispensed by an
electronic parking meter.
b. Notwithstanding any rule or regulation to the contrary, but subject
to the provisions of the vehicle and traffic law, where a notice of
violation was issued to an owner or operator of a vehicle for the
failure to display a muni-meter receipt, it shall be an affirmative
defense to such violation that such owner or operator purchased parking
time for the time such notice of violation was issued or up to five
minutes thereafter from a muni-meter dispensing timed receipts valid for
use at the location such notice of violation was issued. Evidence of the
affirmative defense shall be the presentation, in person or by mail, of
a valid muni-meter receipt for the time such notice of violation was
issued or for up to five minutes thereafter or other suitable evidence
as determined by the hearing officer that such parking time was
purchased.
Section 19-215
§ 19-215 Cancellation of certain tickets. a. For the purposes of this
section, the following terms shall be defined as follows:
1. "Agent" shall mean any person employed by the city of New York
authorized to issue a notice of violation for parking violations.
2. "Muni-meter receipt" shall mean the receipt showing the amount of
parking time purchased that is dispensed by an electronic parking meter.
b. Any agent who issues a notice of violation by electronic means for
failure to pay the metered fare shall cancel such notice of violation
when, not later than five minutes after the issuance of such notice,
such agent is shown a valid muni-meter receipt with an official start
time stamp and such start time is no later than five minutes after the
time of the issuance of such notice. The electronic copy of such
canceled notice shall be marked "valid muni-meter receipt shown; ticket
canceled" and shall include the number of such muni-meter receipt shown.
The electronic system used by the agent to issue such notice shall be
programmed to prohibit such notice from being canceled later than five
minutes after the issuance of such notice.
c. The department shall keep a record of all notices of violation
canceled pursuant to subdivision b of this section. On or before March
31, 2013 and annually thereafter on or before March 31, the commissioner
shall send a report to the city council detailing the number of notices
of violation canceled pursuant to subdivision b of this section in the
prior calendar year.
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.
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