Subchapter 17 - GARAGES AND PARKING LOTS

Section 20-320

Section 20-320

  §  20-320 Definitions. As used in this subchapter, the following terms
shall mean and include:
  1. "Garage." A building, shed or  enclosure  or  any  portion  thereof
which  has the capacity to hold five or more motor vehicles and which is
used to accommodate, store, or keep any motor vehicle for the payment of
a fee or other consideration charged directly or indirectly.
  2. "Parking lot." Any outdoor space or uncovered plot of ground  which
has  the  capacity  to  hold  five or more motor vehicles and is used to
accommodate, store, or keep any motor vehicle for the payment of  a  fee
or other consideration, charged directly or indirectly.

Section 20-321

Section 20-321

  § 20-321 License required; fees; term. a. It shall be unlawful for any
person to maintain, operate or conduct a garage or parking lot without a
license therefor issued by the commissioner.
  b.  A  license to maintain, operate or conduct a garage or parking lot
shall be granted to a person of good character, in accordance  with  the
provisions  of  this  subchapter  and  the  rules and regulations of the
commissioner.
  c. The biennial fee for every such license or renewal thereof shall be
as follows:
  1. For each garage or parking lot which has the capacity to  hold  not
more than twenty-five motor vehicles, three hundred dollars.
  2.  For  each  garage  or  parking  lot which has the capacity to hold
twenty-six, and not more than fifty motor vehicles, three hundred eighty
dollars.
  3. For each garage or parking lot  which  has  the  capacity  to  hold
fifty-one,  and  not  more than one hundred motor vehicles, five hundred
forty dollars.
  4. For each garage or parking lot which has the capacity to hold  more
than one hundred motor vehicles, six hundred ninety dollars.
  d.  A  commuted  license  may be issued for a period not exceeding any
four months in the year at one-half the fees provided  for  hereinabove,
except  that the minimum rate for any such commuted license shall not be
less than one hundred fifty dollars.
  e. Notwithstanding the  provisions  above,  a  fee  of  three  hundred
dollars  shall  be paid for a license to conduct a garage or parking lot
maintained, operated or conducted under thirty-day permits issued by the
city, any agency thereof, or the transit authority.

Section 20-322

Section 20-322

  § 20-322 Exemptions. The provisions of this subchapter shall not apply
to the maintenance, operation or conduct of a garage or parking lot:
  a. by the city or any agency thereof;
  b.  in  conjunction with a business for the exclusive accommodation of
patrons of such business or the employees of such business; or
  c. by the owner or lessee of a multiple  dwelling  for  the  exclusive
accommodation of the tenants or residents of such multiple dwelling.

Section 20-323

Section 20-323

  § 20-323 Applications. Each applicant for such license shall file with
the  commissioner a written application in such form and containing such
information as may be prescribed by the commissioner.

Section 20-324

Section 20-324

  §  20-324  Rate  schedules;  change of rates. a. Every applicant for a
license to maintain, conduct or operate a parking lot  or  garage  shall
file  with  the  commissioner  a  schedule  of  rates showing the prices
charged daily, weekly, and monthly  for  parking  or  storage  of  motor
vehicles.
  b.  Each such licensee shall post conspicuously at the public entrance
to the garage or parking lot a sign composed of letters and  figures  of
such  size,  height,  width,  spacing, color and description as shall be
prescribed by the rules and regulations of the commissioner.  Such  sign
shall  set  forth  the schedule of rates charged, the hours during which
such garage or parking lot  will  remain  open  for  business,  and  the
maximum capacity of such garage or parking lot. Where more than one rate
is  charged  for  the parking or storage of a motor vehicle, the letters
and figures designating each such rate shall be of  the  same  size  and
dimensions.
  c.  No  licensee  shall  make  any  charge for parking or storing in a
garage or parking lot in excess of the rates set forth in  the  schedule
filed  with the commissioner, unless and until at least sixty days prior
to the effective date of such changed rates,  such  licensee  has  filed
with  the  commissioner, in writing, such change in rates and has posted
such changed rates on signs  which  conform  with  the  requirements  of
subdivision b hereof.

Section 20-325

Section 20-325

  §  20-325  License  not  transferable.  No  license  issued  under the
provisions of this subchapter shall be transferred or  assigned  to  any
person  or  used  by  any person, other than the licensee to whom it was
issued, nor shall such license be used at any location  other  than  the
location stated in such license.

Section 20-326

Section 20-326

  §  20-326  Claim  checks.  Every  licensee, at the time of accepting a
motor vehicle for parking or storage, shall furnish  to  the  driver  of
such  vehicle a distinctive claim check acknowledging the receipt of the
vehicle and showing the date of such acceptance. Every such claim  check
shall  contain  the  name of the licensee and his or her license number.
Such licensee shall not be required to  issue  a  claim  check  for  any
vehicle  which is parked or stored on a weekly or monthly basis, nor for
any vehicle parked in a parking lot where the patrons are  permitted  to
park and lock their own cars.

Section 20-327

Section 20-327

  §  20-327  Limitation  on number of vehicles; manner of storage. a. No
motor vehicle shall be accepted by a licensee for parking,  or  storage,
in  excess of the capacity of the garage or parking lot, as shown in the
license. Whenever the maximum capacity of a garage or  parking  lot  has
been reached, the licensee shall post, at the public entrance thereof, a
sign,  composed  of  letters of such size, height, width, spacing, color
and description as shall be prescribed by the rules and  regulations  of
the commissioner, stating that such maximum capacity has been reached.
  b. Vehicles shall be stored or parked on the licensed premises in such
manner  as  shall  be  prescribed  by  the  rules and regulations of the
commissioner, for the purpose of safeguarding persons and  property  and
permitting adequate inspection of the premises.

Section 20-327.1

Section 20-327.1

  § 20-327.1 Bicycle parking spaces.
  a. Applicability.
  1.  i.  The  operator  of  every  garage  and  parking lot that has an
authorized capacity of one-hundred or more motor vehicles shall  provide
and  maintain  parking  spaces  for  bicycles  in  accordance  with  the
provisions of this section.
  ii. Two years after the effective date of the  local  law  that  added
this  section,  the operator of every garage and parking lot that has an
authorized capacity of fifty-one or more motor  vehicles  shall  provide
and  maintain  parking  spaces  for  bicycles  in  accordance  with  the
provisions of this section.
  2. The requirements of subdivisions a through f of this section  shall
not  apply  to  buildings  or  parking lots that comply with the bicycle
parking provisions of sections 25-80, 36-70  and  44-60  of  the  zoning
resolution of the city of New York.
  3.  Waiver.  The  operator  of  a garage or parking lot subject to the
provisions of this section may apply to the commissioner  for  a  waiver
from  the  requirements  of  this section on the grounds that compliance
with this section will result in a  violation  of  otherwise  applicable
zoning  regulations,  including,  but  not limited to zoning regulations
determining the number of required automobile parking spaces a garage or
parking lot shall have. Prior to applying for such waiver, such operator
of a garage or parking lot shall submit to the commissioner of buildings
a  certification  from  a  registered  design  professional  and   other
supporting  additional  documentation  as such commissioner may require,
including, but not limited to, floor plans and diagrams of the garage or
parking lot in anticipation of the  waiver  application.  Upon  complete
submission  of all required documentation, the commissioner of buildings
shall within forty  days  review  the  documentation  submitted  by  the
operator, and shall provide to the operator a written recommendation, of
whether compliance would be impracticable because of the requirements of
applicable   zoning   regulations.   The   operator  shall  submit  such
recommendation to the commissioner as part of  its  waiver  application,
and  the  resulting  written  grant or denial of such application by the
commissioner shall be final.
  b. Bicycle parking spaces in garages and lots.
  1. The operator of every garage or lot subject to  the  provisions  of
this section shall maintain: (i) racks, hooks, poles or other devices to
which  bicycles  can be secured; and (ii) locks, chains or other devices
with which to secure them.
  Such devices shall enable the garage or lot  to  park  and  secure  at
least  one  bicycle for every ten automobile parking spaces provided, up
to two hundred automobile parking spaces. Thereafter, the garage or  lot
shall  be  equipped to park one bicycle for every one hundred automobile
parking spaces. Fractions equal to or greater  than  one-half  resulting
from  this  calculation  shall  be  deemed  to  require  parking for one
bicycle. Parking garages or lots that permit customers to park and  lock
their  bicycles  using the customers' own locks, chains or other devices
with which to secure such bicycles shall be required to maintain  locks,
chains  or  other  devices  with  which to secure bicycles sufficient to
accommodate customers who do not have their own  lock,  chain  or  other
device with which to secure their bicycles.
  2.  A  bicycle  parked  in  a  garage  or  lot  that is subject to the
provisions of this section shall be parked at least two feet  away  from
any motor vehicle.
  3. Bicycles parked pursuant to this section shall be locked to a rack,
pole  or  other device capable of securing the bicycle, or shall be hung
on the wall from a securely anchored rack or hook to which  the  bicycle

frame  and  at  least  one  wheel shall be locked. Such requirements for
racks, poles, or hooks and locks, chains or other securing devices shall
not be required where a parking garage or lot provides  bicycle  parking
in  a  location  that  prohibits  any person other than employees of the
facility from parking or removing the bicycle from the garage or lot.
  c. Bicycle parking racks, hooks, poles or other devices used by garage
or lot operators to secure bicycles shall be of sufficient strength  and
design to resist vandalism and theft.
  d.  Bicycle parking shall be accessible to bicycle owners/operators to
at least the same extent as vehicle parking  is  accessible  to  vehicle
owners/operators.  The  operator  of  a  garage  or  lot subject to this
section shall not refuse to provide parking for a bicycle  unless  there
is  no  room  for  such bicycle at that time because the total number of
bicycles required to be accommodated by paragraph one of  subdivision  b
of this section has been met.
  e. The operator of every garage and parking lot that is subject to the
provisions  of  this section shall file with the commissioner a schedule
of rates showing the prices  charged  daily,  weekly,  and  monthly  for
parking and storage of bicycles.
  f. No operator of a garage or parking lot subject to the provisions of
this  section  shall make any charge for parking or storage of a bicycle
in excess of the  rates  set  forth  in  the  schedule  filed  with  the
commissioner,  unless at least sixty days prior to the effective date of
such changed rates, such operator has filed with  the  commissioner,  in
writing, such change in rates and has posted such changed rates on signs
which conform with the requirements of subdivision h of this section.
  g.  The  operator  of  each  garage  or  parking  lot  subject  to the
provisions of this  section  shall  post  conspicuously  at  the  public
entrance  to  the  garage  or parking lot a sign composed of letters and
figures of such size, height, width, spacing, color and  description  as
shall  be  prescribed  by the rules of the commissioner. Such sign shall
set forth the rate to be charged by  such  garage  or  parking  lot  for
bicycle  parking, the hours during which such garage or parking lot will
remain open for business and the minimum capacity of  bicycles  of  such
garage or parking lot.
  h.  Bicycles  unclaimed after sixty days shall be considered abandoned
property and shall become the property of the operator of the garage  or
parking lot.
  i. Within twelve months after the effective date of the local law that
added  this  section,  the  commissioner  shall  submit  a report to the
council regarding the effectiveness of this local law at increasing  the
capacity  of parking for bicycles in garages. Such report shall contain,
among other things, the number and location of  bicycle  parking  spaces
and rate of usage of such spaces.

Section 20-328

Section 20-328

  §  20-328  Unauthorized  use.  a.  Definition.  Whenever  used in this
section, unauthorized use shall mean any and all unlawful  act  or  acts
and  any  activity  not  expressly  permitted  by  the  owner, lessor or
operator of any property.
  b.  The  commissioner  shall  receive   and   investigate   complaints
concerning  the  unauthorized  use of parking lots during the hours when
such parking lots are not in operation.
  c. Upon due notice and hearing the commissioner shall be empowered  to
order  remedies  to cure such unauthorized use including but not limited
to requiring that the licensee lock or guard the parking lot when it  is
not in operation.
  d.  The  commissioner  shall  promulgate  such  regulations  as may be
necessary to effectuate the purpose of this section.

Section 20-329

Section 20-329

  §  20-329 Payments of judgments. Every license issued pursuant to this
subchapter shall be subject to suspension or revocation upon the failure
of such licensee to pay or satisfy any judgment secured against  him  or
her  by  anyone  who  stored  or parked a motor vehicle in the garage or
parking lot licensed hereunder, provided that such judgment was  secured
in  a  court  of competent jurisdiction against the licensee for acts of
commission or omission with regard to the business maintained,  operated
or conducted by him or her pursuant to the license issued hereunder.

Section 20-330

Section 20-330

  §  20-330  Regulations. The commissioner may promulgate such rules and
regulations as may be necessary to carry  out  the  provisions  of  this
subchapter.

Section 20-331

Section 20-331

  § 20-331 Revocation, suspension or renewal of license. Any license may
be  suspended  or revoked by the commissioner, and any application for a
renewal thereof denied, for the failure of the licensee to  comply  with
any  applicable  provision  of  law  or  any  rule  or  regulation  duly
promulgated by the commissioner.