Title 19: Transportation

Chapter 1: Streets and Sidewalks

Subchapter 1: Construction, Maintenance, Repair, Obstruction and Closure of Streets

§ 19-101 Definitions.

Whenever used in this title:

  1. “Commissioner” shall mean the commissioner of transportation.
  2. “Department” shall mean the department of transportation.
  3. “Street” has the meaning ascribed thereto in subdivision thirteen of section 1-112 of this code.
  4. “Sidewalk” shall mean that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, but not including the curb, intended for the use of pedestrians.
  5. “Asphalt” shall mean a dark brown to black bitumen pitch that melts readily and which appears in nature in asphalt beds or is produced as a by-product of the petroleum industry.
  6. “Asphaltic concrete” or “asphalt paving” shall mean a mixture of liquid asphalt and graded aggregate used as paving material.
  7. “I-4 mix” shall mean a type of heavy duty asphaltic concrete mix containing 0.75 inch (19 mm) nominal maximum size aggregate with 25% to 50% of the aggregate capable of passing through a No. 8 sieve and in which all sand contained in the mix is crushed.
  8. “Reclaimed asphalt pavement” shall mean asphalt pavement that has been processed for reuse in asphaltic concrete.

§ 19-101.1 Department of design and construction.

Any power granted by this chapter to the commissioner of transportation or the department of transportation related to construction or other work shall be performed by the department of design and construction in accordance with chapter fifty-five of the charter unless otherwise directed by the mayor pursuant to such chapter. Where the commissioner of transportation or the department of transportation is authorized by this chapter to promulgate specifications relating to construction or other work, such promulgation shall be done in consultation with the department of design and construction.

§ 19-101.2 Review of major transportation projects.

  1. For the purposes of this section, the following terms shall be defined as follows:

   1. “Affected council member(s) and community board(s)” shall mean the council member(s) and community board(s) in whose districts a proposed major transportation project is to be located, in whole or in part.

   2. “Major transportation project” shall mean any project that, after construction will alter four or more consecutive blocks, or 1,000 consecutive feet of street, whichever is less, involving a major realignment of the roadway, including either removal of a vehicular lane(s) or full time removal of a parking lane(s) or addition of vehicular travel lane(s).

  1. If an agency of the city other than the department implements a major transportation project, such agency, in lieu of the department, shall provide the notice required by this section.
  2. Prior to the implementation of a major transportation project, the department shall forward notice of such project, including a description of such project, to affected council member(s) and community board(s) by electronic mail.
  3. Within ten business days after receipt of such notice: (i) the affected council member(s) may submit recommendations and/or comments on such notice to the department; and (ii) the affected community board(s) may either submit recommendations and/or comments on such notice to the department and/or request a presentation of the major transportation project plan by the department, which shall be made to the community board within thirty days of such community board’s request.
  4. Each presentation shall include, at a minimum, the project limits, a description, and a justification of such plan, and a map showing the streets affected by such plan and, within three days of such presentation, shall be forwarded to the affected council member(s).
  5. The department shall consider recommendations and/or comments, if any, made under the provisions of subdivision d of this section and/or within seven days of the presentation to the community board, from the affected council member(s) and affected community board(s), and may incorporate changes, where appropriate, into the plan.
  6. The department may implement its plan fourteen or more days after it sends an amended plan or notice that it will proceed with its original plan to the affected council member(s) and community board(s).
  7. Nothing in this section shall be construed to prohibit the department from providing notice of its major transportation projects on its website and to affected council member(s) and community board(s) and other interested parties by other means in addition to those specified in this section.
  8. Nothing in this section shall be construed to require the department to provide notification of major transportation projects requiring immediate implementation to preserve public safety.
  9. Prior to the implementation of a major transportation project, the department shall consult with the police department, the fire department, the department of small business services and the mayor’s office for people with disabilities. The department shall include a certification of such consultations in the notice required by subdivision c of this section.

§ 19-101.3 Reporting requirement following the completion of major transportation projects.

  1. For purposes of this section, “affected council member(s) and community board(s)” and “major transportation project” shall have the same meanings as in section 19-101.2 of this chapter.
  2. Not more than eighteen months following the completion of a major transportation project, the department shall submit to the affected council member(s) and community board(s) and shall post on the department’s website the average number of crashes for the three years prior to the commencement of the major transportation project and the year subsequent to the completion of the major transportation project, disaggregated by the streets affected by the major transportation project, and disaggregated further by the number of motorists and/or injured or killed passengers, bicyclists and pedestrians involved.
  3. Simultaneous to providing the information required by subdivision b of this section, the department shall provide to the affected council member(s) and community board(s) and shall post on the department’s website other data related to the project including but not limited to speed data, vehicular volume data and vehicular level of service data to the extent such data is relevant to the project. Accompanying such data shall be an explanation of the data, along with the dates and times of the collection of such data, and similar data from prior to the commencement of the major transportation project.
  4. The department shall consult with the fire department and the police department regarding the effect a major transportation project has had on emergency vehicles, and shall report the results of such consultations with the information required by subdivisions b and c of this section.

§ 19-101.4 Online accessible list of pedestrian safety projects.

  1. For the purposes of this section, the following terms shall be defined as follows:

   1. “Accessible pedestrian signal” shall mean a device that communicates information about pedestrian signal timing in a nonvisual format.

   2. “Accessible to people with disabilities” shall mean:

      i. A text equivalent for every non-text element is provided;

      ii. equivalent alternatives for any multimedia presentation are synchronized with the presentation;

      iii. web pages are designed so that all information conveyed with color is also available without color;

      iv. documents are organized so they are readable without requiring an associated style sheet;

      v. redundant text links are provided for each active region of a server-side image map;

      vi. client-side image maps are provided instead of server-side image maps except where the regions cannot be defined with an available geometric shape;

      vii. row and column headers are identified for data tables;

      viii. markup is used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers;

      ix. frames are titled with text that facilitates frame identification and navigation;

      x. pages are designed to avoid causing the screen to flicker with a frequency greater than 2 HZ and lower than 55 Hz;

      xi. a text-only page, with equivalent information or functionality shall be provided to make a web site comply with the provisions of this part, when compliance cannot be accomplished in any other way. The content of the text-only page shall be updated whenever the primary page updates;

      xii. when pages utilize scripting languages to display content, or to create interface elements, the information provided by the script is identified with functional text that can be read by assistive technology;

      xiii. when pages require that an applet, plug-in or other application be present on the client system to interpret page content, the page must provide a link to that plug-in or applet;

      xiv. when electronic forms are designed to be completed on-line the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues;

      xv. a method shall be provided that permits users to skip repetitive navigation links; and

      xvi. when a timed response is required, the user is alerted and given sufficient time to indicate more time is required.

   3. “Bicycle lane” shall mean a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles.

   4. “Exclusive pedestrian signal” shall mean a pedestrian control signal that allows pedestrians an exclusive interval at which to cross while traffic is stopped in all directions.

   5. “Leading pedestrian signal” shall mean a pedestrian control signal that displays a walk indicator before a green indicator of a traffic control signal within the same intersection is displayed.

   6. “Major transportation project” shall mean any project that, after construction, will alter four or more consecutive blocks or 1,000 consecutive feet of street, whichever is less, involving a major realignment of the roadway, including either removal of a vehicular lane(s) or full time removal of a parking lane(s) or addition of vehicular travel lane(s).

   7. “Pedestrian plaza” shall mean an area designated by the New York city department of transportation for use as a plaza located within the bed of a roadway, which may contain benches, tables or other facilities for pedestrian use.

  1. The department shall post on its website, in a format accessible to people with disabilities:

   i. The location of all major transportation projects and all installations or removals of bicycle lanes, pedestrian plazas, leading pedestrian signals, exclusive pedestrian signals and accessible pedestrian signals. Such posting shall be made not less than seventy-two hours prior to the expected completion date of each project, installation or removal.

   ii. The location of all major transportation projects subject to section 19-101.2 of this code completed on or after January 1, 2010 and all bicycle lanes, pedestrian plazas, leading pedestrian signals, exclusive pedestrian signals and accessible pedestrian signals in existence on the effective date of this section. Such posting shall be made on or before the effective date of this section, except that all such leading pedestrian signals and exclusive pedestrian signals shall be posted on or before December 31, 2012.

§ 19-101.5 Electric vehicle advisory committee.

  1. There shall be an advisory committee on electric vehicles in New York city. Committee members shall include the commissioner of the department, who shall serve ex officio and appoint a chairperson, the commissioner of the department of environmental protection, the commissioner of the department of buildings, and the director of the office of long term planning and sustainability, or the designee of each such commissioner or director, at least one representative from the electric vehicle industry appointed by the commissioner of the department, the speaker of the city council or his or her designee, the five borough presidents or their designees and transportation and environmental advocates appointed by the commissioner of the department. The appointed members of the advisory committee shall serve without compensation. The advisory committee shall meet at least twice per year and shall make recommendations on or before February 1 annually, commencing in 2015, on ways to promote the usage of electric vehicles among the general public, which shall include consideration of methods to enhance the availability of electric vehicle charging methods and of parking, regulatory, technical and fiscal issues surrounding the increased use of electric vehicles in New York City.
  2. Recommendations of the advisory committee pursuant to subdivision a of this section shall be sent by the committee to the mayor and the speaker of the council and shall be made available on the city’s website within ten days of the release of any such recommendations.
  3. Appointment of committee members shall occur within one hundred eighty days of the enactment of this section. The advisory committee shall cease to exist five years following the date of the first meeting of such committee.

§ 19-101.6 Notification of resurfacing work.

  1. No later than two days prior to resurfacing any street, the department shall, where practicable, notify the police department and the fire department of such resurfacing work. Such notification shall include a description and location of such resurfacing work.
  2. Nothing in this section shall be construed to require the department to provide notification of resurfacing work that must be performed immediately in order to address unforeseen issues relating to public safety.

§ 19-102 Unlawful use or opening of street.

Except as otherwise provided by law, no person shall remove, open or otherwise distrub the pavement of, or excavate in, a public street, or use any part of a public street so as to obstruct travel therein (i) without a permit from the commissioner, and (ii) unless such removal, opening or other distrubance of the pavement or such excavation or use is carried out in accordance with the provisions of this subchapter and of section 24-521 of the code, the rules of the department in relation thereto and the terms and conditions of such permit.

§ 19-103 Permits.

  1. In addition to any of the requirements specified in this subchapter and except as hereinafter specifically provided, all permits issued by the commissioner pursuant to this subchapter shall be subject to the provisions of this section and any rules promulgated pursuant thereto. All applications for permits shall be submitted to the commissioner in such form and shall contain such information as the commissioner shall prescribe.
  2. Each permit shall be subject to such reasonable conditions as the commissioner may determine are necessary to protect public safety and to safeguard the interests of the city.
  3. The commissioner may require that an applicant for a permit deposit cash and/or a bond or other form of security with the city in an amount which the commissioner determines may be necessary to cover and pay all of the expenses, costs and liability that the city may incur as a result of the activity for which the permit is to be issued, to insure prompt compliance with the terms and conditions of the permit or to otherwise safeguard the interests of the city.
  4. The commissioner may suspend review of applications for permits pending (i) payment by an applicant of outstanding fines, civil penalties or judgments imposed or entered against such applicant by a court or the environmental control board pursuant to this subchapter, (ii) payment by an applicant of outstanding fees or other charges lawfully assessed by the commissioner against such applicant pursuant to this subchapter and/or (iii) satisfactory compliance by an applicant with a request for corrective action or order issued by the commissioner pursuant to this subchapter.
    1. The commissioner may, after giving the permittee notice and an opportunity to be heard, revoke or refuse to renew a permit:

      (a) for failure to comply with the terms or conditions of such permit or the provisions of this subchapter or of section 24-521 of the code or the rules or orders of the department in carrying out the activity for which the permit was issued;

      (b) whenever there has been any false statement or any misrepresentation as to a material fact in the application or accompanying papers upon which the issuance of the permit was based; or

      (c) whenever a permit has been issued in error and the conditions are such that the permit should not have been issued.

   2. Notwithstanding the foregoing provision, if the commissioner determines that an imminent peril to life or property exists, the commissioner may revoke a permit without affording the permittee an opportunity to be heard prior to such revocation. The permittee shall have an opportunity to be heard, in accordance with the rules of the department, within five days after such revocation.

  1. The commissioner may refuse to issue a permit to an applicant (i) who has exhibited a pattern of disregard for the provisions of this subchapter, of section 24-521 of the code, the rules or orders of the department in relation thereto or the terms or conditions of permits issued pursuant to such provisions, or (ii) who has been found liable by a court or in a proceeding before the environmental control board for a violation of any provision of this subchapter, of section 24-521 of the code, of a rule or order of the department in relation thereto or of a term or condition of a permit issued pursuant to such provision, which violation caused an imminent peril to life or property.
  2. The commissioner, consistent with article twenty-three-A of the correction law, may refuse to issue a permit if the applicant or any officer, principal, director or stockholder of such applicant owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which in the judgment of the commissioner has a direct relationship to fitness or ability to perform the activity for which the permit is required.
    1. If the commissioner finds that a permittee or any employee, agent, independent contractor or other person engaged in performing an activity for which a permit has been issued has violated the terms or conditions of such permit or any provision of this subchapter or of section 24-521 of the code relating to the activity for which the permit has been issued or any order issued by or rule promulgated by the commissioner pursuant thereto or that a condition exists in any street which is in violation of a provision of this subchapter or of section 24-521 of the code or any order issued by or rule promulgated by the commissioner pursuant thereto, unless the condition is an imminent threat to life or safety, the commissioner may (i) notify the permittee or other responsible person of the condition found by the commissioner to constitute such violation and request that action be taken to correct the condition in such a manner and within such period of time as shall be set forth in such request, and (ii) afford such permittee or other responsible person an opportunity to contest the commissioner’s finding in a manner to be set forth in the rules of the department. The commissioner may assess a fee for the administrative expense and the expense of additional inspections which the department may incur as a result of such condition.

   2. The provisions of this subdivision shall not be construed to limit the power of the commissioner to take any other action authorized pursuant to thhis subchapter with respect to any violation, including but not limited to, the commencement of an action or proceeding in a court or before the environmental control board or to require that the commissioner resort to the procedure set forth in this subdivision as a prerequisite to the commencement of an action or proceeding in a court or before the environmental control board or the taking of any other action authorized pursuant to this subchapter with respect to a violation.

  1. As used in this section, the term “permit” includes a license.

§ 19-104 Revocable consents.

The issuance of revocable consents by the commissioner pursuant to this subchapter shall be subject to the provisions of chapter fourteen of the charter and the rules adopted by the commissioner pursuant thereto.

§ 19-105 Rules.

The commissioner may promulgate rules to carry out the provisions of this subchapter and the policies and procedures of the department in connection therewith.

§ 19-106 Right of entry.

The commissioner may enter in the day time upon any lands, tenements, hereditaments and waters which he or she shall deem necessary to be surveyed, used or converted, for the purpose of laying out and surveying streets, bridges, tunnels and approaches to bridges and tunnels.

§ 19-107 Temporary closing of streets.

    1.    Except as otherwise provided by law, it shall be unlawful for any person to close any street, or a portion thereof, within the jurisdiction of the commissioner, to pedestrian or vehicular traffic without a permit from the commissioner.

   (ii) The commissioner may temporarily close or may issue a permit to temporarily close to pedestrian or vehicular traffic any street, or a portion thereof, within his or her jurisdiction, when, in his or her judgment, travel therein is deemed to be dangerous to life, in consequences of there being carried on in such street activities such as building operations, repairs to street pavements, sewer connections, or blasting for the purpose of removing rock from abutting property, or upon advice from the police commissioner, fire commissioner or commissioner of the office of emergency management that such closure will promote or protect safety or life, or when such closure may be necessary for a public purpose. In such event, the commissioner shall make available to the community board and council member in whose district such street is located information regarding any such closure which continues beyond five business days, state the reason or reasons for such closure and the estimated date for the street, or any portion thereof, to reopen.

  1. In the event that a publicly mapped street that is used for vehicular or vehicular and pedestrian access, for which vehicular access is fully closed for more than one hundred eighty consecutive days, the commissioner shall issue or cause to be issued a community reassessment, impact and amelioration (CRIA) statement that has been approved by the commissioner or other government entity initiating the street closure which shall be delivered to both the community board and the council member in whose district the street is located on or before the two hundred tenth day of the closure. Such CRIA statement shall contain the following: the objectives of the closure and the reasons why the continued street closure is necessary to attain those objectives, which in the case of a closure initiated by a local law enforcement agency for security reasons shall be satisfied by a statement from the local law enforcement agency that the street has been closed and will remain closed for security reasons; identification of the least expensive alternative means of attaining those objectives and the costs of such alternatives, or a statement and explanation as to the unavailability of such alternatives, which in the case of a closure initiated by a local law enforcement agency for security reasons shall be satisfied by a statement from the law enforcement agency that there are no alternative means available; how the continued street closure will impact access and traffic flow to and within the surrounding community, including but not limited to, access to emergency vehicles, residences, businesses, facilities, paratransit transportation and school bus services; and any recommendations to mitigate adverse impact and increase access to and within the area. In the case of a closure initiated for security reasons, the police department shall ensure that the CRIA statement does not reveal non-routine investigative techniques or confidential information or potentially compromises the safety of the public or police officers or otherwise potentially compromise law enforcement investigations or operations, provided that the issuance of the CRIA statement shall not be delayed beyond the required time period. The requirement for the issuance of a CRIA statement as described in this subdivision may be satisfied by delivery of an environmental assessment statement, environmental impact statement, or similar document required by law to be prepared in relation to the street closure. Prior to the issuance of a CRIA statement, the commissioner, in the case of a closure for which a permit issued by the department is required, shall hold at least one public forum, publicized in advance, in any affected community at which the community may register its input concerning any potential adverse impacts of the street closure, including but not limited to concerns regarding timeliness of emergency vehicle response and traffic congestion resulting in a potential increase in noise and any other adverse conditions caused by the closure. In the case of a street closure effectuated for security reasons by a local law enforcement agency, such law enforcement agency shall hold the public forum provided herein. Following the public forum(s), the council member in whose district the street closure is located may forward to the government entity which held the public forum(s) issues raised at the public forum(s) by the participants. The government entity which held the public forum(s) shall make its best efforts to respond to the issues raised, utilizing the expertise of other city agencies if appropriate, and shall provide such response to be appended to the CRIA statement. In the case that an environmental assessment statement, environmental impact statement, or similar document is substituted in lieu of the CRIA statement, as provided for above, the public forum provisions provided herein shall still apply.
  2. For purposes of this section, a “street closure” shall not include a street closure undertaken by a federal or state governmental entity.

§ 19-108 Display of permit.

A copy of any permit issued pursuant to this subchapter shall be kept on the site of the opening or use or at the designated field headquarters of the work with respect to which the permit was issued and shall be presented upon demand of a police officer or any authorized officer or employee of the department or of any other city agency.

§ 19-109 Protection at work site.

  1. Protective measures. Any person who removes, opens or otherwise disturbs the pavement of or excavates in a public street or uses any part of a public street so as to obstruct travel therein shall provide barriers, shoring, lighting, warning signs or other protective measures in accordance with the rules of the department, so as to prevent danger to persons and property, and such barriers, shoring, lighting warning signs or other protective measures shall be maintained in accordance with such rules until the work shall be completed, or the danger removed.
  2. Required signs. Legible signs shall be displayed at the site of such work in accordance with the rules of the department, indicating thereon the name of the permittee, the name of the person for whom the work is being done and the names of any contractors, when employed.
  3. Disturbance, prohibited. It shall be unlawful to throw down, displace or remove any barrier shoring, plate or warning sign or to extinguish or remove any light thereon or on any obstruction in any street, without the written consent of the commissioner or without the consent of the person superintending the work or materials protected thereby.

§ 19-110 Liability for damage.

In all cases where any person shall engage in any activity for which a permit is required pursuant to this subchapter, such person shall be liable for any damage which may be occasioned to persons, animals or property by reason of negligence in any manner connected with the work.

§ 19-111 Curbs.

All curbs for the support of sidewalks hereafter to be laid shall be of the material or materials, dimensions and construction required in department specifications for such work, which shall be prescribed by the commissioner and kept on file in his or her office.

§ 19-111 Gutter stones. [Repealed]

In the construction and installation of all new and reconstructed curbs at corner located street intersections and pedestrian crosswalks not located at street intersections, provision shall be made for the installation of the following: two ramps at corners located at street intersections and one ramp at pedestrian crosswalks not located at street intersections. Such ramps shall be no less than four feet wide and shall blend to a common level with the roadway. If a common level is unobtainable, then the lip of such ramps shall not exceed a maximum of five-eights of an inch and shall have a rounded edge. The slope of such ramp shall not exceed eight per cent. This section shall apply to all construction of new curbs and to all replacement of existing curbs. The commissioner shall have discretion to waive one of the two mandatory ramps at corners located at street intersections where any of the following obstacles exists preventing construction of such ramp within an intersection: fire hydrants, light poles, traffic signals, fire alarms, or free-standing police alarms, underground vaults, tunnels, utility maintenance holes (manholes), chambers or where the gradient of the street on which the ramp is to be located or an intersecting street exceeds a gradient of 1:8. The commissioner may waive the construction of both such ramps where the existence of underground vaults, tunnels, utility maintenance holes (manholes) and chambers would either prevent the safe construction of such ramps or render impossible the construction of such ramps to proper specifications without removal of said underground installations. A certification to such effect shall be made part of the engineering design documents for such construction, and a copy thereof shall be filed with the city clerk. Curbs for non-pedestrian routes, such as, but not limited to, service paths for highways and pedestrian restricted traffic islands shall not be subject to the provisions of this section.

§ 19-113 Construction generally.*

Streets of twenty-two feet in width and upward shall have sidewalks on each side thereof. The materials and construction of streets, including the width of the sidewalks thereon, shall fully conform to department specifications for such work, all of which shall be prescribed by the commissioner and kept on file in his or her office.

§ 19-113* Construction generally.*

  1. Streets of twenty-two feet in width and upward shall have sidewalks on each side thereof.
  2. The materials and construction of streets, including the width of the sidewalks thereon, shall fully conform to department specifications for such work, all of which shall be prescribed by the commissioner and kept on file in his or her office.
  3. Department specifications for streets shall include a requirement that asphaltic concrete, other than I-4 mix or other heavy duty asphaltic concrete mix approved by the commissioner, shall contain not less than thirty percent reclaimed asphalt pavement, as measured by weight, and I-4 mix or other approved heavy duty asphaltic concrete mix shall contain not less than ten percent reclaimed asphalt pavement, as measured by weight. In setting forth such specifications, the department shall make best efforts to encourage the greatest use of reclaimed asphalt pavement possible. This subdivision shall not apply to asphaltic concrete used in a project where the content of asphaltic concrete is governed by a federal or state law, rule, regulation, guideline or specification that requires a different composition. The commissioner may waive compliance with this subdivision if the commissioner, after consulting with the commissioner of buildings and the owners or persons in charge of all asphalt plants located within the city, finds that a sufficient supply of reclaimed asphalt pavement is not available.

§ 19-114 Excavations or embankments near landmarks.

The commissioner shall cause a covenant to be incorporated in all contracts hereafter made by him or her for constructing, regulating or repairing any street, requiring the contractor to obtain the permit required pursuant to section 3-508 of the code and to take such other precautions for the care and preservation of monuments, bolts and other landmarks as the commissioner may direct.

§ 19-115 Paving, generally.

All streets shall be paved and arched in full accordance with department specifications for such work, which shall be prescribed by the commissioner and kept on file in his or her office.

§ 19-116 Paving by abutting owners.

The commissioner may issue a permit to allow any person or persons to pave the street opposite to his, her or their property, where the same shall extend from the intersection of one cross street to the intersection of another. Such work shall be done in conformity with the rules and specifications of the commissioner and subject to such conditions as he or she may impose.

§ 19-117 Licensing of vaults.

  1. Limitation. It shall be unlawful for any person to erect or build, or cause or permit any vault to be made without a license issued by the commissioner pursuant to this section or a revocable consent issued pursuant to chapter fourteen of the charter and the rules adopted by the commissioner pursuant thereto. All vaults shall be constructed in accordance with the provisions of the building code of the city of New York. A license issued pursuant to this section shall not authorize the construction of a vault which extends further than the line of the sidewalk or curbstone of any street.
  2. Licenses. Every application for a license to erect a vault shall be in writing, signed by the person making the same, and shall state the intended length and width of such vault and the number of square feet of ground which is required therefor.
  3. Compensation. Upon receiving such license the applicant therefor shall forthwith pay to the commissioner such sum as the commissioner shall certify in the license to be a just compensation to the city for such privilege, calculated at the rate of not less than thirty cents, nor more than two dollars, per foot, for each square foot of ground mentioned as required for such vault.
  4. Measurement. In the case of a new vault, before the arching or covering thereof shall be commenced, the person to whom the license for such vault shall have been granted shall cause the same to be measured by a city surveyor. Such surveyor shall deliver to the commissioner, a certificate, signed by the surveyor, specifying the dimensions of the vault. The certificate shall be accompanied by a diagram showing the square foot area of the vault, including its sustaining walls, and indicating its location relative to the building and curb lines and to the nearest intersecting street corner. In the case of an existing vault, the person claiming the right to the use thereof shall furnish a like certificate and diagram in respect thereof, but in such case the measurement shall exclude the sustaining walls.
  5. Refunds. If, from subsequent measurements, it shall appear that less space has been taken than that paid for, the licensee shall be entitled to receive a certificate from the commissioner showing the difference. Upon the presentation of such certificate of difference to the comptroller, the comptroller shall pay a rebate to the licensee, the amount of which shall be the difference in money between the space fee originally paid and the fee for space actually taken.
  6. Unauthorized encroachments. If it shall appear that the vault or cistern occupies a grater number of square feet than shall have been so paid for, the owner thereof shall, in addition to the penalty imposed for such violation pursuant to section 19-149 or 19-150 of this subchapter, forfeit and pay twice the sum previously paid for each square foot of ground occupied by the vault over and above the number of square feet paid for as aforesaid.
  7. Responsibility. The master builder who shall complete or begin the construction of a vault, and the owner or person for whom the same shall be excavated or constructed shall be subject to the provisions and payments of this section and sections 19-118, 19-119, and 19-120 of this subchapter and to the penalties for violations thereof, severally and respectively.
  8. Exemption. Openings over which substantial and securely fixed gratings of metal or other noncombustible material have been erected in accordance with the provisions of this section and sections 19-118, 19-119 and 19-120 of this subchapter, shall be exempted from payment of fees for licenses for vaults, provided such openings be used primarily for light and ventilation, and provided such gratings are of sufficient strength to sustain a live load of three hundred pounds per square foot and are constructed with at least forty percent of open work.

§ 19-118 Construction.

All vaults shall be constructed of materials conforming to the requirements of the building code of the city of New York, and so that the outward side of the grating or opening into the street shall be either within twelve inches of the outside of the curbstone of the sidewalk, or within twelve inches of the coping of the area in front of the house to which such vault shall belong.

§ 19-119 Vault openings; protection of.

It shall be unlawful for any person to remove or insecurely fix, or cause, procure, suffer or permit to be removed or to be insecurely fixed, so that the same can be moved in its bed, any grate or covering or aperture of any vault or chute under any street. However, the owner or occupant of the building with which such vault is connected, may remove such grate or covering for the proper purpose of such vault or chute. The opening or aperture shall be inclosed, while such grate or covering be removed, with a strong box or curb at least twelve inches high, firmly and securely made. Openings of more than two square feet of superficial area shall be inclosed at such times with strong railings not less than three feet high, to be approved by the commissioner. Such grates or coverings shall not in any case be removed until after sunrise of any day and shall be replaced before one-half hour after sunset.

§ 19-120 Vault covers must afford secure footing.

The commissioner may order the removal and replacement of vault covers which are broken or present a slippery surface in the manner provided in the rules of the department.

§ 19-121 Construction and excavation sites; storage of materials and equipment on street.

  1. Permit. It shall be unlawful for any person to obstruct, or cause to be obstructed, any portion of a street with construction materials or equipment, unless authorized by a permit issued by the commissioner.
  2. Conditions. In addition to any other conditions which may be set forth in such permit or in the rules of the department, the following conditions shall apply:

   1. Any permit granted pursuant to this section shall be posted in a conspicuous place on or near the material or equipment or kept on the site or in the designated field headquarters of the work with respect to which the permit was issued so as to be readily accessible to inspection.

   2. Sidewalks, gutters, crosswalks and driveways shall at all times be kept clear and unobstructed, and all dirt, debris and rubbish shall be promptly removed therefrom. The commissioner may authorize encumbrance of the sidewalk with equipment or material in a manner which will not prevent the safe passage of pedestrians on such sidewalk.

   3. The outer surface of such construction material or equipment shall be clearly marked with high intensity fluorescent paint, reflectors, or other marking which is capable of producing a warning glow when struck by the headlamps of a vehicle or other source of illumination.

   4. All construction material and equipment shall have printed thereon the name, address and telephone number of the owner thereof.

   5. In a street upon which there is a surface railroad, construction materials or equipment shall not be placed nearer to the track than five feet.

   6. The street under such construction material or equipment shall be shielded by wooden planking, skids or other protective covering approved by the com- missioner.

   7. Construction material or equipment shall not obstruct a fire hydrant, bus stop or any other area as set forth in the rules of the department the obstruction of which would impair the safety or convenience of the public.

  1. Removal of unauthorized obstructions. The commissioner may remove any construction material or equipment placed in or upon any street in violation of this section, the rules of the department or the terms or conditions of a permit issued pursuant to this section. If the identity and address of the owner is reasonably ascertainable, notice of the removal shall be sent to the owner within a reasonable period of time after the removal. If such material or equipment is not claimed within thirty days after its removal, it shall be deemed to be abandoned. If the equipment is a vehicle, its disposition shall be governed by section twelve hundred twenty-four of the vehicle and traffic law. All other unclaimed material or equipment may be sold at public auction after having been advertised in the City Record and the proceeds paid into the general fund or such unclaimed material or equipment may be used or converted for use by the department or by another city agency or by a not-for-profit corporation engaged in the construction of subsidized housing. Material or equipment removed pursuant to this subdivision shall be released to the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set forth in the rules of the department and any fines or civil penalties imposed for the violation or, if an action or proceeding for the violation is pending in court or before the environmental control board, upon the posting of a bond or other form of security acceptable to the department in an amount which will secure the payment of such costs and any fines or civil penalties which may be imposed for the violation.

§ 19-122 Removal of debris.

Any person other than the commissioner of environmental protection or the commissioner of design and construction, who may hereafter pave or cause to be paved any street, shall remove the sand, dirt, rubbish or debris from such street and every part thereof, within seven days after the pavement shall have been completed. In addition to any penalties which may be imposed for violation of this section, either commissioner may cause such sand, dirt, rubbish or debris to be removed at the expense of the party neglecting or refusing so to do, who shall be liable for the amount expended by the city. This section shall be so construed as to apply to the removal of all sand, dirt, rubbish or debris collected in any part of any and all streets covered by any pavement so done or laid, or excavation that may have been made, or other work done in pursuance thereof.

§ 19-123 Commercial refuse containers.

It shall be unlawful for any person using a commercial refuse container or the owner or lessee thereof to place or to permit the placement of such container on any street unless the owner of such container has obtained a permit therefor from the commissioner and unless such container is in compliance with the provisions of this section and the rules of the department in relation thereto. Commercial refuse containers may be placed temporarily on the street for such purposes and in such manner as the commissioner shall prescribe. Such containers shall not be used for the deposit of putrescible waste. The name and address of the owner of the container and the permit number shall be posted on the container in the manner provided in the rules of the department. The container shall be painted with a phosphorescent substance, in a manner to be set forth in the rules of the department, so that the dimensions thereof shall be clearly discernible at night. The street under such container shall be shielded by wooden planking, skids or other protective covering approved by the commissioner. The provisions of this section which require the owner of a container to obtain a permit prior to the placement of such container on the street shall not apply to containers which are specifically authorized to be placed on the street under a permit issued pursuant to section 19-121 of this subchapter.

§ 19-124 Canopies.

  1. Permit required. It shall be unlawful to erect or maintain a canopy over the sidewalk without a permit granted by the commissioner, and unless such canopy is erected and maintained in accordance with this section and the rules of the department. Such canopies may be erected and maintained: 1. In connection with the entrance to a building or place of business within a building by or with the consent of the owner of the building. 2. In connection with a sidewalk cafe licensed by the commissioner of consumer affairs. Such canopies shall be constructed of a noncombustible frame, covered with flameproof canvas or cloth, approved slow-burning plastic, sheet metal or other equivalent material, securely fastened to the face of the building and supported by posts in the ground or in the sidewalk, located between the building line and the curb line, and not less than eight feet above the sidewalk.
  2. Permit conditions. A permit may be issued by the commissioner to erect and maintain a canopy over the sidewalk of any street, in accordance with the rules of the department if deemed by the commissioner as adequate in respect to public safety and convenience and the special circumstances of the particular street or streets. Evidence of the issuance of such permit in a form prescribed by the commissioner shall be displayed at all times and in such manner as the commissioner may direct. No such permit may be issued in streets listed as “restricted streets” in the rules of the department, nor where such permit would extend a non-conforming use in a residence district, as defined by the zoning resolution of the city.
  3. Permit fees. Prior to the issuance of such permit, each applicant shall pay to the commissioner an annual fee as set forth in the rules of the department, except that the fee for a permit for a canopy in connection with a sidewalk cafe licensed by the commissioner of consumer affairs shall be twenty-five dollars.
  4. Term; transferability.

   1. Each permit shall expire one year from the date of issuance thereof unless sooner revoked by the commissioner.

   2. A permit issued hereunder shall not be transferable from person to person or from the location for which it is originally issued.

  1. Advertising prohibited. It shall be unlawful to paint, print, stencil or otherwise erect, attach or maintain any advertising sign, picture, flag, banner, side curtain or other device upon any canopy except that it shall be lawful to paint, imprint or stencil directly upon a canopy, within the character and area limitations prescribed by the zoning resolution of the city, the house or street number and/or firm name or duly filed trade name limited to identification and excluding any descriptive words contained in such firm name or duly filed trade name tending to advertise the business conducted in such premises.
  2. Obstructing of egress prohibited. No part of any canopy shall be located beneath a fire escape or so located as to obstruct operation of fire escape drop ladders or counterbalanced stairs or so as to obstruct any exit from a building.
  3. Violations. The owner or agent of any building and the owner, lessee, tenant, manager or agent in charge of any portion of a building for the use or benefit of which an awning or canopy is erected or maintained shall be liable for a violation of this section.
  4. Rules. The commissioner may, except as otherwise provided by law, make rules for the design, construction and maintenance of canopies within the lines of any street and for the removal, storage and disposal of unauthorized canopies as he or she may deem necessary for the safety and convenience of the public.
  5. Removal of unauthorized canopies.

   1. Notwithstanding any provision of law the commissioner may serve an order upon the owner of any premises requiring such owner to remove or to cause to be removed any unauthorized canopy fastened to or erected in front of his or her building, within a period to be designated in such order. Upon the owner’s failure to comply with such order as and within the time specified therein, the department may remove such canopy or cause the same to be removed, the cost of which shall be due and payable and shall constitute a lien against the premises to which such canopy may be attached or in front of which it may be erected when the amount thereof shall have been definitely computed by such department and an entry of the amount thereof shall have been entered in the office of the city collector in the book in which such charges against the premises are to be entered. A notice thereof, stating the amount due and the nature of the charge shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills, or where no name appears, to the premises addressed to either the owner or the agent. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to collect and receive interest thereon at the rate that would be applicable to a delinquent tax on such property, to be calculated to the ate of payment from the date of entry. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises. Such charge and interest shall be collected and the lien thereof may be foreclosed in the manner provided by law for the collection and foreclosure of the lien of such taxes, sewer rents, sewer surcharges and water rents due and payable to the city, and the provisions of law applicable to the collection and foreclosure of the lien of such taxes, sewer rents, sewer surcharges and water rents shall apply to such charge and the interest thereon and the lien thereof.

   2. Service of an order upon an owner pursuant to the provisions of this section shall be made personally upon such owner or by certified mail addressed to the last known address of the person whose name appears upon the records in the office of the city collector as being the owner of the premises or as the agent of such owner or as the person designated by the owner to receive the tax bills or, if no such name appears, at the address set forth as the address of the owner in the last recorded deed with respect to such premises. A copy of such order shall also be filed in the clerk’s office of each county where the property is situated and posted in a conspicuous place on the premises.

§ 19-125 Posts and poles.

  1. General provisions. It shall be unlawful for any person to erect any post or pole in any street unless under a permit or revocable consent of the commissioner.
  2. Flagpole sockets. It shall be permissible, by and with a permit of the commissioner and with the permission of the owners of abutting property, for any organization of military, naval and marine war veterans to place in sidewalks near the curb, at suitable distances apart, sockets to be used only for the placing therein of stanchions or poles on which to display American flags to be used on patriotic occasions, public celebrations, or in connection with public parades.
  3. Barber poles. The commissioner may grant permits for the placement of barber poles, not exceeding eight feet in height above the sidewalk level, and other emblematic signs within the stoop-lines or fastened to the railing of any stoop, by or with the consent of the occupant of the ground floor thereof, but not beyond five feet from the house line or wall of any building where the stoop-line extends further, except on streets where the stoop-lines have been abolished.
  4. Ornamental lamp-posts. It shall be permissible by and with a revocable consent granted by the commissioner and with the permission of the owner of the abutting property to install ornamental posts, surmounted by lamps, on sidewalks, near the curb in front of hotels, places of worship, theatres, railroad stations, places of business, apartment houses and places of public assemblage. No such post shall exceed in dimensions at the base more than eighteen inches in diameter, if circular in form, or, if upon a square base, no side thereof shall exceed eighteen inches. Each bulb installed and maintained on each of the lamp-posts to be erected shall be lighted and remain lighted every night, during the hours in which public street lamps are illuminated. The installation and maintenance of such poles and lamps and the power supplied shall be at the expense of the person to whom the consent is granted.
  5. Notwithstanding any provision of law to the contrary, any business subject to the provisions of subdivision a of this section, and any organization of military, naval and marine war veterans subject to the provisions of subdivision b of this section which displays the flag of the United States on its property or on patriotic occasions, public celebrations, or in connection with public parades shall be required to obtain a permit or revocable consent for the erection of a post or pole for such display but shall be exempt from any fee normally charged by the department for the maintenance or erection of a post, flagpole or flagpole socket for that purpose.

§ 19-126 Building, structure and crane moving.

  1. It shall be unlawful for any person to use, move, or remove, or to cause or permit to be used, moved or removed, or to aid or assist in using, moving or removing, any building, structure, or crane, used in connection with the construction, repair or demolition of buildings or other structures within the building line into, along or across any street, without a permit from the commissioner.
  2. The applicant for such a permit, where there are car tracks or overhead wire construction, must obtain and file with the application the consent of the company affected.

§ 19-127 Use of hand trucks on the streets.

It shall be unlawful for any person to use hand trucks for commercial purposes upon any street unless each hand truck shall have attached thereon a sign or plate displaying the name and address of the owner of the hand truck, in letters not less than one inch in size.

§ 19-128 Public telephone booths. [Repealed]

  1. For the purposes of this section, the following terms shall be defined as follows:

   (i) “priority regulatory sign”shall mean a stop sign, yield sign, do not enter sign, or one way sign;

   (ii) “traffic control signal”shall have the same meaning as set forth in section one hundred fifty-four of the vehicle and traffic law or any successor provision thereto.

  1. The department shall maintain a log of notices regarding priority regulatory signs and traffic control signals that are missing or damaged to the extent that any such sign or signal is not operational, visible or legible to a motorist who must obey or rely upon such sign or signal. Such log shall include the date and time such notice was received and the date and time on which such priority regulatory sign or traffic control signal was repaired or replaced, or the date on which a determination was made that repair or replacement was not warranted and the reason for such determination.
  2. The department shall within three business days of receiving notice that a stop sign, yield sign or do not enter sign is missing or damaged to the extent that such sign is not visible or legible to a motorist who must obey or rely upon such sign either (i) repair or replace such sign or (ii) make a determination that repair or replacement is not warranted.
  3. The department shall within seven business days of receiving notice that a one way sign is missing or damaged to the extent that such sign is not visible or legible to a motorist who must obey or rely upon such sign either (i) repair or replace such sign or (ii) make a determination that repair or replacement is not warranted.
  4. Within twenty-four hours of receiving notice that a traffic control signal is missing or damaged to the extent that such signal is not operational or visible to a motorist who must obey or rely upon such signal the department shall:

   (i) repair or replace such signal,

   (ii) implement alternative measures to control traffic if such repair or replacement will take greater than twenty-four hours, or

   (iii) make a determination that repair or replacement is not warranted.

  1. This section shall not apply with regard to traffic control signals at a location where multiple traffic control signals are present and facing the same direction in the same intersection and one or more of such signals remains operational.

§ 19-128.1 Newsracks.

  1. Definitions. For purposes of this section, the following terms shall have the following meanings:

   1. “Newsrack” shall mean any self-service or coin-operated box, container or other dispenser installed, used or maintained for the display, sale or distribution of newspapers or other written matter to the general public.

   2. “Person” shall mean a natural person, partnership, corporation, limited liability company or other association.

   3. “Sidewalk” shall mean that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines, but not including the curb, intended for the use of pedestrians.

   4. “Crosswalk” shall mean that part of a roadway, whether marked or unmarked, which is included within the extension of the sidewalk lines between opposite sides of the roadway at an intersection.

   5. “Crosswalk area” shall mean that area of the sidewalk bounded by the extension of the lines of a crosswalk onto the sidewalk up to the building or property line.

   6. “Corner area” shall mean that area of a sidewalk encompassed by the extension of the building lines to the curb on each corner.

   7. “Board” shall mean the environmental control board of the city of New York.

   8. “Close proximity” shall mean a distance adjacent to an area designed to facilitate safe ingress or egress that will reasonably permit and protect such safe ingress or egress.

  1. Requirements. It shall be a violation for any person to place, install or maintain a newsrack on any sidewalk unless such newsrack is in compliance with the provisions of this section.

   1. The maximum height of any newsrack containing a single publication shall be fifty inches. The maximum width of any such newsrack shall be twenty-four inches. The maximum depth of any such newsrack shall be twenty-four inches.

   2. No newsrack shall be used for advertising or promotional purposes, other than announcing the name and/or website of the newspaper or other written matter offered for distribution in such newsrack.

   3. Each newsrack used to sell newspapers or other written matter shall be equipped with a coin return mechanism in good working order so as to permit a person to secure a refund in the event that the newsrack malfunctions.

   4. The owner or person in control of each newsrack shall affix his or her name, address, telephone number, and email address, if any, on the newsrack in a readily visible location and shall conform such information to any changes required to be reported to the department in accordance with the provisions of subdivision c of this section. In no event shall a post office box be considered an acceptable address for purposes of this paragraph.

   5. Subject to the limitations set forth in this section, newsracks shall be placed near a curb.

   6. A newsrack shall not be placed, installed or maintained: (a) within fifteen feet of any fire hydrant; (b) in any driveway or within close proximity of any driveway; (c) in any curb cut designed to facilitate street access by disabled persons or within two feet of any such curb cut; (d) within close proximity of the entrance or exit of any railway station or subway station; (e) within any bus stop; (f) within a crosswalk area; (g) within a corner area or within five feet of any corner area; (h) on any surface where such installation or maintenance will cause damage to or will interfere with the use of any pipes, vault areas, telephone or electrical cables or other similar locations; (i) on any cellar door, grating, utility maintenance cover or other similar locations; (j) on, in or over any part of the roadway of any public street; (k) unless eight feet of sidewalk width is preserved for unobstructed pedestrian passage; (l) in any park or on any sidewalk immediately contiguous to a park where such sidewalk is an integral part of the park design, such as the sidewalks surrounding Central Park or Prospect Park; (m) on any area of lawn, flowers, shrubs, trees or other landscaping or in such a manner that use of the newsrack would cause damage to such landscaping; or (n) where such placement, installation or maintenance endangers the safety of persons or property. Any limitation on the placement or installation of newsracks pursuant to this paragraph shall be no more restrictive than necessary to ensure the safe and unobstructed flow of pedestrian and vehicular traffic, and otherwise to assure the safety of persons and property.

   7. Every newsrack shall be placed or installed in a manner that will ensure that such newsrack cannot be tipped over.

  1. Notification to city of location of newsrack.

   1. (a) Where a newsrack has been placed or installed on a sidewalk before the effective date of this section, the owner or person in control of such newsrack shall, within sixty days after such effective date, submit to the commissioner a form identifying: (i) the address of such newsrack; (ii) the name of the newspaper(s) or written matter to be offered for distribution in such newsrack; and (iii) the name, address, telephone number, and email address of the owner or person in control of such newsracks; and representing that such newsracks comply with the provisions of this section.

      (b) Any other owner or person in control of a newsrack shall, prior to placing or installing such newsrack on a sidewalk, submit to the commissioner a form providing the information in clauses (ii) and (iii) of subparagraph (a) of this paragraph.

   2. Subsequent to the initial notification requirements set forth in paragraph one of this subdivision, the owner or person in control of any newsrack shall submit the information set forth in subparagraph a of such paragraph once a year to the commissioner in accordance with a notification schedule to be established by the commissioner. However, if the number of newsracks owned or controlled by such owner or person increases or decreases by ten percent or more of the number of newsracks that have been included in the most recent notification required to be submitted by such owner or person, such owner or person shall also be required to submit the information set forth in such paragraph within seven days of such change, and provided, further, that such owner or person shall advise the department of any change in his or her name or address within seven days of such change.

   3. Notification to the city, as required by paragraphs 1 and 2 of this subdivision, may be submitted to the department electronically.

  1. Indemnification and insurance.

   1. Each person who owns or controls a newsrack placed or installed on any sidewalk shall indemnify and hold the city harmless from any and all losses, costs, damages, expenses, claims, judgments or liabilities that the city may incur by reason of the placement, installation or maintenance of such newsrack, except to the extent such damage results from the negligence or intentional act of the city.

   2. Each person who owns or controls a newsrack on any sidewalk shall maintain a general liability insurance policy naming the city of New York, and its departments, boards, officers, employees and agents as additional insureds for the specific purpose of indemnifying and holding harmless those additional insureds from and against any and all losses, costs, damages, expenses, claims, judgments or liabilities that result from or arise out of the placement, installation and/or the maintenance of any newsrack. The minimum limits of such insurance coverage shall be no less than three hundred thousand dollars combined single limit for bodily injury, including death, and property damage, except that any person who maintains an average of one hundred or more newsracks at any one time shall maintain such minimum insurance coverage of one million dollars. An insurance certificate demonstrating compliance with the requirements of this subdivision shall be submitted annually by December 31st to the commissioner by the person who owns or controls such insured newsracks. Should said policy be called upon to satisfy any liability for damages covered by said policy, the policy must be of such a nature that the original amount of coverage is restored after any payment of damages under the policy. Failure to maintain a satisfactory insurance policy pursuant to this subdivision or failure to submit an annual insurance certificate to the commissioner pursuant to this subdivision, shall be deemed a violation of this section subject to subparagraph b-1 of paragraph one of subdivision f of this section.

  1. Maintenance, continuous use, repair and removal.

   1. Any person who owns or is in control of a newsrack shall certify once every four months to the commissioner on forms prescribed by the commissioner that each newsrack under his or her ownership or control has been repainted, or that best efforts have been made to remove graffiti and other unauthorized writing, painting, drawing, or other markings or inscriptions at least once during the immediately preceding four month period. Such person shall maintain a log in which the measures and the dates and times when they are taken are recorded in accordance with a format approved or set forth by the commissioner. Such person shall maintain records for a period of three years documenting the use of materials, employees, contractors, other resources and expenditures utilized for the purpose of demonstrating the repainting or best efforts of such person to remove such graffiti or other unauthorized writing, painting, drawing, or other markings or inscriptions. Such person shall, solely for the purposes of complying with the provisions of this paragraph, make such log and such records, and only such log and such records, available to the department for inspection and copying during normal and regular business hours and shall deliver copies to the department upon its request. Such inspection may only be conducted by the department once per certification period. If the department determines that such certification, log and records do not accurately demonstrate that an owner or person in control of a newsrack has repainted or used best efforts for such purposes as required by this paragraph, or upon a determination by the department that an owner or such person failed to comply with any other provision of this paragraph, the department shall issue a notice of violation in accordance with subparagraph b-1 of paragraph one of subdivision f of this section.

   2. Any person who owns or is in control of a newsrack shall use best efforts to ensure that each newsrack under his or her ownership or control is not used as a depository for the placement of refuse and shall be required to remove any refuse placed within such newsrack within forty-eight hours of receipt of a notice of correction from the commissioner as provided in subparagraph a of paragraph one of subdivision f of this section regarding such condition.

   3. In no event shall the owner or person in control of a newsrack fail to keep such newsrack supplied with written matter for a period of more than seven consecutive days without securing the door so as to prevent the deposit of refuse therein. In no event shall such newsrack remain empty for a period of more than thirty consecutive days.

   4. Any newsrack that has been damaged or is in need of repair shall be repaired, replaced or removed by the owner or person in control of such newsrack within seven business days of receipt of a notice of correction from the commissioner as provided in subparagraph a of paragraph one of subdivision f of this section regarding such damage or need for repair. If such newsrack has been damaged, or if it is in a state of disrepair, such that it constitutes a danger to persons or property, it shall be made safe within a reasonable time following receipt of such a notice of correction from the commissioner regarding such condition.

   5. Any damage to city property resulting from the placement, installation, maintenance or removal of a newsrack shall be repaired promptly by the owner or person in control of such newsrack. If a newsrack is removed from its location on a sidewalk, the owner or person in control of such newsrack shall be responsible for restoring the sidewalk and any other affected city property to the condition existing prior to installation of that newsrack.

  1. Enforcement.

   1. (a)    Whenever any newsrack is found to be in violation of any provision of subdivision b of this section or paragraphs two, three, four or five of subdivision e of this section, the commissioner shall issue a notice of correction specifying the date and nature of the violation and shall send written notification, by regular mail, to the owner or person in control of the newsrack. In addition, the commissioner may send a copy of such notice of correction to a person designated by such owner or person to receive such notice, and/or the commissioner may send such notice by electronic mail to such owner or such person specifying the date and nature of the violation. However, failure to send a copy by regular or electronic mail will not extend the time period within which such owner or other person is required by any provision of this section to take action, nor will such failure result in the dismissal of a notice of violation issued pursuant to any provision of this section. The commissioner shall cause photographic evidence of such violation to be taken. Such evidence shall be sent by regular mail together with the notice of correction. Except as otherwise provided for the removal of refuse in paragraph two of subdivision e of this section, such person shall within seven business days from the date of receipt of notification via regular mail cause the violation to be corrected. For the purposes of this section, a notice of correction shall be deemed to have been received five days from the date on which it was mailed by the commissioner.

      (b) If an owner or other person in control of a newsrack fails to comply with a notice of correction issued pursuant to subparagraph a of this paragraph or an order by the commissioner to remove served pursuant to paragraph three of this subdivision, a notice of violation returnable to the board shall be served on such owner or person in control of such newsrack. No notice of violation shall be issued for the failure to comply with a notice of correction issued pursuant to subparagraph a of paragraph one of this subdivision unless the commissioner has caused a second inspection of the violation to take place within a period of time that commences on the day after the applicable period for correcting such violation expires and ends fourteen days after such day. In addition, the commissioner may send to such owner or other person in control of such newsrack, by electronic mail, photographic evidence of such violation taken at such second inspection. Failure to send such photographic evidence by electronic mail will not result in the dismissal of a notice of violation issued pursuant to any provision of this section.

      (b-1) Failure by an owner or a person in control of a newsrack to comply with subdivision c or d of this section, failure by such owner or person to certify or failure to accurately demonstrate that such owner or person has repainted or used best efforts to remove graffiti and other unauthorized writing, painting, drawing, or other markings or inscriptions, as required by paragraph one of subdivision e of this section, shall be a violation and shall be subject to the applicable penalties provided in paragraph six of this subdivision. A proceeding to recover any civil penalty authorized by this subparagraph shall be commenced with service on such owner or person of a notice of violation returnable to the board. The commissioner shall not be required to issue a notice of correction before issuing or serving a notice of violation pursuant to this subparagraph.

      (c) If the return date of a notice of violation issued pursuant to subparagraph b or b-1 of this paragraph is more than five business days after the service of such notice, the board shall, upon the request of the respondent, in person at the office of the board, provide a hearing on such violation prior to such return date and no later than five business days after the date of such request. At the time set for such hearing, or at the date to which such hearing is continued, the board shall receive all evidence relevant to the occurrence or non-occurrence of the specified violation(s), the compliance or noncompliance with any of the provisions of this section, and any other relevant information. Such hearing need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation. Within five business days after the conclusion of the hearing, the board shall render a decision, based upon the facts adduced at said hearing, whether any violations of this section have occurred. The decision shall be in writing and shall contain findings of fact and a determination of the issues presented. The board shall send to the owner or person in control of the newsrack by regular mail, a copy of its decision and order.

   2. (a)    If the board renders a decision upholding the finding of a violation against the respondent upon default or after a hearing held pursuant to paragraph one of this subdivision, other than a decision finding a violation of the provisions of paragraph one of subdivision e of this section, and the violation is not remedied within seven days of receipt of the decision of the board, the commissioner or his or her designee is authorized to provide for the removal of such newsrack and any contents thereof to a place of safety. For purposes of this subparagraph, a decision shall be deemed to have been received five days from the date on which it was mailed. If such newsrack and any contents thereof are not claimed within thirty days after their removal by a person entitled to their return, they shall be deemed to be abandoned and may be either sold at a public auction after having been advertised in the City Record, the proceeds thereof being paid into the general fund, used or converted for use by the department or another city agency, or otherwise disposed of, and the owner or person in control shall be liable to the City for the costs of removal and storage and shall be subject to a civil penalty pursuant to subparagraph a of paragraph six of subdivision f of this section. Newsracks and the contents thereof that are removed pursuant to this subparagraph shall be released to the owner or other person lawfully entitled to possession upon payment of the costs for removal and storage and any civil penalty or, if an action or proceeding concerning the violation is pending, upon the posting of a bond or other form of security acceptable to the department in an amount that will secure the payment of such costs and any penalty that may be imposed hereunder.

      (b) If the board renders a decision upholding the finding of a violation against the respondent for having failed to certify, or having failed to accurately demonstrate that such respondent repainted or used best efforts to remove graffiti and other unauthorized writing, painting, drawing, or other markings or inscriptions or having failed to comply with any other provision of paragraph one of subdivision e of this section, the board shall impose a penalty in accordance with subparagraph b of paragraph six of this subdivision.

   3. The commissioner may, upon notice, serve an order upon the owner or other person in control of a newsrack requiring such person to remove or cause to be removed such newsrack within seven business days of receipt of such order where such removal is required because the site or location at which such newsrack is placed is used or is to be used for public utility purposes, public transportation, or public safety purposes, or when such newsrack unreasonably interferes with construction activities in nearby or adjacent buildings, or if removal is required in connection with a street widening or other capital project or improvement. If such person does not remove such newsrack within seven business days of receipt of such order, the provisions contained in subparagraphs b and c of paragraph one of this subdivision and subparagraph a of paragraph two of this subdivision regarding issuance of a notice of violation and alternatives for removal, storage, abandonment, disposal, and release, shall apply.

   4. Notwithstanding any other provision of law to the contrary, if a newsrack has been deemed to have been abandoned in accordance with this paragraph, the commissioner, his or her designee, an authorized officer or employee of any city agency or a police officer is authorized to provide for the removal of such newsrack and it may either be sold at public auction after having been advertised in the City Record, the proceeds thereof being paid into the general fund, used or converted for use by the department or another city agency, or otherwise disposed of. A newsrack shall be deemed to have been abandoned for purposes of this paragraph if the name, address or other identifying material of the owner or other person in control of such newsrack is not affixed to such newsrack as required by paragraph four of subdivision b of this section and such owner or other person has not submitted to the commissioner the information required in clauses (ii) and (iii) of subparagraph a of paragraph one of subdivision c of this section.

   5. (a)    Where emergency circumstances exist and the commissioner or his or her designee gives notice to the owner or other person in control of a newsrack to remove such newsrack, such person shall comply with such notice. For the purposes of this paragraph, emergency circumstances shall mean circumstances which present an imminent threat to public health or safety.

      (b) If any owner or other person in control of a newsrack does not remove such newsrack when directed to do so pursuant to the provisions of subparagraph a of this paragraph, or if circumstances are such that public safety requires the immediate removal of a newsrack and it is not reasonable to give the owner or other person in control of such newsrack notice prior to removal, the commissioner or his or her designee may provide for the removal of such newsrack to a place of safety. Unless an administrative proceeding brought pursuant to subparagraph c of this paragraph has terminated in favor of such owner or other person in control of such newsrack, such owner or other person in control of such newsrack may be charged with the reasonable costs of removal and storage payable prior to the release of such newsrack and the contents thereof.

      (c) If an owner or other person in control of a newsrack fails to comply with a notice issued pursuant to subparagraph a of this paragraph to remove such newsrack, a notice of violation returnable to the board shall be served on such owner or person in control of such newsrack. If the newsrack has been removed by the city pursuant to subparagraph b of this paragraph, such notice of violation shall be served immediately after removal, and, if the return date of the notice of violation is more than five business days after the service of such notice, the board shall, upon the request of the respondent, in person at the office of the board, provide a hearing on such violation prior to such return date and no later than five business days after the date of such request. The hearing shall take place under the provisions set forth in subparagraphs b and c of paragraph one of this subdivision and a decision shall be rendered by the board within five business days after the conclusion of the hearing. If a decision is rendered at such hearing that emergency circumstances did not exist, such newsrack shall be returned within ten days to the location from which it was removed by the commissioner or his or her designee. If a decision is rendered against the respondent upon default or after a hearing that such emergency circumstances existed, such newsrack and the contents thereof shall be released to the owner or other person lawfully entitled to possession. If, after a board decision that removal was proper, such newsrack and any contents thereof are not claimed within thirty days after the date of removal by a person entitled to their return, such newsrack and any contents thereof shall be deemed abandoned and may be either sold at a public auction after having been advertised in the City Record, the proceeds thereof being paid into the general fund, used or converted for use by the department or another city agency, or otherwise disposed of.

   6. (a) Any owner or person in control of a newsrack found to be in violation of any provision of this section shall, after a board decision has been issued upon default or after a hearing, be subject to a civil penalty in the amount of (i) no less than fifty dollars and no more than one hundred dollars for each violation for a specific newsrack of any of the provisions of paragraphs two, three, four or five of subdivision e of this section or paragraph four of subdivision b of this section, except that a person found in violation of any of such provisions after a decision of the board issued on default shall be subject to a penalty of no less than one hundred dollars and no more than five hundred dollars; (ii) no less than five hundred dollars and no more than four thousand dollars for each violation of paragraph one of subdivision c of this section; and (iii) no less than one hundred dollars and no more than five hundred dollars for each violation of paragraphs one, two, three, five, six and seven of subdivision b of this section.

      (b) Any owner or person in control of one or more newsracks found by the board to have failed to certify, or to have failed to accurately demonstrate that such owner or person repainted or used best efforts to remove graffiti and other unauthorized writing, painting, drawing, or other markings or inscriptions, as required by paragraph one of subdivision e of this section, or failed to comply with any other requirements of such paragraph, or failed to comply with any provision of paragraph two of subdivision c of this section, or failed to maintain insurance as required by subdivision d of this section, shall be liable for a civil penalty determined in accordance with the number of newsracks such person owns or controls as follows:

Number of newsracks owned or controlled by such person A violation of paragraph one of subdivision e, paragraph two of subdivision c or subdivision d of this section
Up to and including ninety-nine newracks Two hundred fifty to five hundred dollars
More than ninety-nine and less than two hundred fifty newsracks Three hundred seventy-five to seven hundred fifty dollars
More than two hundred forty-nine and less than five hundred newsracks Seven hundred fifty to one thousand five hundred dollars
More than four hundred ninety-nine and less than seven hundred fifty newsracks One thousand one hundred twenty-five to two thousand two hundred fifty dollars
More than seven hundred forty-nine and less than one thousand newsracks One thousand five hundred to three thousand dollars
One thousand or more newsracks Two thousand to four thousand dollars

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   7. The commissioner shall remove or cause to be removed from any sidewalk for a period of three consecutive months, every newsrack and the contents thereof under the ownership or control of any person who repeatedly violates any provision or provisions of this subdivision. For purposes of this paragraph, a person shall be deemed to have repeatedly violated this section if such person has been determined by the board, upon default or after a hearing, to have violated the provisions of this section ten or more times within any six-month period and that such person has failed to pay three or more civil penalties imposed during that same time period. For purposes of this paragraph, a person shall also be deemed to have repeatedly violated this section if such person is determined by the board, upon default or after a hearing, to have failed to make the certification required by paragraph one of subdivision e of this section or to have failed to accurately demonstrate that such person repainted or used best efforts to remove graffiti and other unauthorized writing, painting, drawing, or other markings or inscriptions as required by such paragraph in each of two consecutive certification periods in any two year period or three times in any two-year period. The department shall maintain a record of all persons who repeatedly violate any provision or provisions of this subdivision. In the event that the commissioner removes or causes to be removed all newsracks and the contents thereof under the ownership or control of any person based upon this paragraph, such person shall be permitted to replace all such newsracks at the locations from which they were removed upon payment in full of all outstanding civil penalties imposed for violations of this section and the reasonable costs of removal and storage, provided that such newsracks meet the requirements of this section. If any newsracks or contents thereof removed pursuant to this paragraph are not claimed within thirty days after the expiration of the three-month removal period, such newsracks or the contents thereof shall be deemed abandoned and may be either sold at public auction after having been advertised in the City Record, the proceeds thereof being paid into the general fund, used or converted for use by the department or another city agency or otherwise disposed of.

   8. In giving any notice of correction or serving any commissioners order required under this section, except as otherwise provided by law, the commissioner may rely on the validity of any address (a) posted on the newsrack pursuant to paragraph four of subdivision b of this section as the address of the owner or person in control of the newsrack or (b) submitted to the department pursuant to subdivision c of this section, and shall provide such notice by regular mail. If the owner of a newsrack or person in control of a newsrack shall have failed to comply with paragraph four of subdivision b or with subdivision c of this section, the commissioner shall make reasonable efforts to ascertain the identity and address of the owner or person in control of such newsrack for the purpose of giving any required notice, and having done so, may take action as if any required notice had been given.

   9. Nothing in this section shall preclude the immediate removal of a newsrack when otherwise authorized by law.

  1. Severability. If any subdivision, paragraph, subparagraph, sentence or clause of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section.

§ 19-129 Board or plank walks.

It shall be unlawful for any person to construct or lay down in any street, a board or plank walk, except sidewalk bridges as defined in section 27-1021 of the code, without a permit from the commissioner.

§ 19-130 Balustrades.

It shall be unlawful for any person to place or to expose to show or for sale, upon any balustrade that now is or hereafter may be erected upon any street, any goods, wares, merchandise or manufacture of any description.

§ 19-131 Restrictions on Clinton avenue.

  1. The two strips of land, each twenty feet in width, which were added to each side of Clinton avenue in the borough of Brooklyn between Gates avenue and Willoughby avenue pursuant to chapter two hundred fifty-seven of the laws of eighteen hundred ninety-nine shall not be added to the traveled portion of Clinton avenue, but shall be reserved and preserved as ornamental courtyards for the benefit and improvement of such avenue.
  2. Any building erected and completed before the first of March in the year eighteen hundred ninety-nine, or before that date so far erected that its foundations or walls were carried up so far as the level of the street, and any piazza or appurtenant structure erected before such date may remain or be completed with all rights as though this section had not been passed; but in case any such building is destroyed, or removed from such courtyard space, the right reserved therefor shall be at an end.
  3. The several parts of such court-yard space as adjoin the several lots fronting thereon may be used and occupied by the owners of such lots respectively for the following purposes:

   1. Grass, shade trees, shrubbery, statuary, fountains, walks, paths, pavements, sewer, gas, electric and other house connections, and low ornamental fences, and

   2. Ingress and egress, and

   3. Stoops, porches and piazzas, provided they are open at either end and are not less than ten feet from the line of such avenue as established prior to the enactment of chapter two hundred fifty-seven of the laws of eighteen hundred ninety-nine, and

   4. Steps and approaches to a house, provided they are in usual form and do not interfere with the general intent of this section, and

   5. Such other purposes as are usual and proper for a plot fronting on a street and appurtenant to a residence, hotel, apartment house or other dwelling-house.

  1. Nothing shall be erected, done or allowed on such court-yard space, that will interfere with its open and ornamental character, or that is not in accordance with the above uses and purposes.
  2. This section shall not affect the title, or the right to possession of the several lots or plots of land in such two strips of land, except as the use thereof is limited and restricted as provided in this section.

§ 19-132 Restrictions on First place, Second place, Third place and Fourth place in the borough of Brooklyn.

The buildings to be erected upon the lots fronting upon first place, second place, third place and fourth place in the borough of Brooklyn, shall be built on a line thirty-three feet five inches and a quarter of an inch back from the sides or lines of such places as they are now established by the map of the city, and the intervening space of land shall be used for courtyards only.

§ 19-133 Removal of unauthorized projections and encroachments.

  1. The commissioner may serve an order upon the owner of any premises requiring such owner to remove or alter any unauthorized projection or encroachment, on or in front of his premises, within a period to be specified in such order. Such order shall be served personally, or by leaving it at the house or place of business of the owner, occupant or person having charge of the house or lot in front of which the projection or encroachment may be, or by posting such order thereon.
  2. At any time after the expiration of the time specified for that purpose in the order, if such encroachment or projection shall not then have been removed or altered, the commissioner may remove or alter or cause such encroachment or projection to be removed or altered at the expense of the owner or constructor thereof, who shall be liable to the city for all expenses that it may incur by such removal or alteration, together with the penalties prescribed by this subchapter for the violation of such order, to be recovered with costs of suit.
    1. In addition to any otheer remedies or penalties, whenever such removal, alteration, repair and restoration is undertaken by the commissioner he or she may certify separately the costs and expense of such removal, alteration, repair and restoration to the commissioner of finance. The commissioner of finance shall, upon the certificate of the commissioner, charge the amount of such costs and expenses against the property upon and with respect to which the work was performed. Every such charge shall be a lien upon the property or premises in respect to which the same shall have been made, which lien shall have priority over all other liens and incumbrances except taxes and assessments for other public or local improvements, sewer rents, water rents and interest or penalty thereon levied or charged pursuant to law. Such lien shall be enforced in all respects in the manner provided by law for the enforcement of liens of taxes, assessments, sewer rents and water rents and interest or penalties thereon.

   2. As an alternative to the remedy prescribed in paragraph one of this subdivision, the commissioner may in his or her discretion institute, through the corporation counsel, any appropriate action or proceeding at law against such owner for the recovery of the costs and expenses of such removal, alteration, repair and restoration, undertaken by the commissioner, as provided herein.

§ 19-133.1 Unlawful sidewalk ATMs.

  1. For purposes of this section, “Automated Teller Machine Booth” (“ATM booth”) shall mean any device linked to the accounts and records of a banking institution that enables consumers to carry out banking transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and loan payments.
  2. Notwithstanding any other provision of law, it shall be unlawful for any property owner to permit an ATM booth to be located on any portion of the sidewalk that is adjacent to the property of such owner, lies between the curb line and the building line, and is intended for use by the public.
  3. The department may serve an order upon the owner of any premises adjacent to which such ATM booth is located, requiring such owner to remove such ATM booth. The department shall provide in such order that such ATM booth shall be removed within thirty days of the date of such order. Such order shall be served personally upon the owner of such premises, or by leaving it with a person in control of the premises, or by leaving it or posting it at the place of business of the owner, or by leaving it or posting it at any home of such owner, if service to the place of business of such owner is impractical.
  4. Failure to comply with an order to remove an ATM booth within thirty days of the date of such order shall be a violation subject to a civil penalty of not less than two thousand five hundred dollars nor more than five thousand dollars for the first day of such violation. Any owner who remains in violation beyond the first day after the expiration of the thirty-day period specified in such order shall be subject to a civil penalty of five thousand dollars for every five-day period during which he or she remains in violation. There shall be a rebuttable presumption that the ATM booth has remained in place during each such five-day period.
  5. In addition to any other fines, penalties, sanctions or remedies provided for in this section, an ATM booth which remains in violation of subdivision d of this section shall be deemed abandoned. The department shall be authorized to provide for the seizure of such ATM booth, after the owner has been provided with notice and an opportunity to be heard before the appropriate administrative tribunal, if the owner of such ATM booth has accumulated an aggregate of fifty thousand dollars in civil penalties that have remained unpaid for ninety days following the expiration of the time to appeal the imposition of such penalties in accordance with the procedures of the environmental control board.

§ 19-134 Certain extensions and projections not removable.

  1. If the front or other exterior wall of any building standing on the twenty-fifth day of May, eighteen hundred ninety-nine in the county of New York as then constituted, shall extend ten inches or less upon any street, such wall shall be removable, only if an action or proceeding for the removal of such wall was instituted by or in behalf of the city within the period of one year from such date, and notice of pendency of such action or proceeding was duly filed in the office of the clerk of the county of New York, and duly indexed against the owner and the premises. If a structure, or part of a building standing on the thirteenth day of May, eighteen hundred ninety-six, in such county, known as a baywindow or oriel window, shall extend twelve inches or less upon any street, such structure shall be removable only if an action or proceeding for its removal was instituted by or in behalf of the city within one year from such date, and notice of pendency of such action or proceeding was duly filed in the office of the clerk of the county of New York, and duly indexed against the owner and the premises.
  2. If the front or other exterior wall of any building standing on the seventeenth day of May, eighteen hundred ninety-seven in the city of Brooklyn, as then constituted, shall extend four inches or less upon any street, such wall shall be removable only if an action or proceeding for the removal of such wall was instituted by or in behalf of the city of Brooklyn or its successor, within the period of one year from such date, and notice of pendency of such action or proceeding was duly filed in the office of the clerk of the county of Kings, and duly indexed against the owner of the premises.

§ 19-135 Projections prohibited.

It shall be unlawful to build, erect or make areas, steps or other projections (except those indicated in subdivisions a, b, c, d and f of section 27-313 of the code) beyond the building line, upon the following streets:

  1. Grand Boulevard and Concourse, in the borough of The Bronx, between East One hundred sixty-first street and Mosholu Parkway. Exception. In that section of the Grand Boulevard and Concourse located within a business use district, areas (meaning open spaces below the ground level immediately outside of the structure and enclosed by substantial walls) may project beyond the building line at most one-fifteenth of the width of the street or a maximum of five feet, provided that every such area is covered over at the street level by an approved grating of metal or other incombustible material of sufficient strength to carry safely the pedestrian street traffic.
  2. Newkirk avenue, between Flatbush avenue and Coney Island avenue, in the borough of Brooklyn, and on all streets in the borough of Brooklyn where projections are prohibited by law.

§ 19-136 Obstructions.

  1. It shall be unlawful for any person to hang or place any goods, wares or merchandise, or suffer, maintain or permit the same to be hung or placed, at a greater distance than three feet in front of his or her house, store or other building and a greater height than five feet above the level of the sidewalk, or to lease or permit any other person to use any space on the sidewalk located adjacent to such house, store or other building for the purpose of selling or displaying any merchandise.

   1. Such an obstruction is hereby forbidden in front of a house, store or other building facing any street market, except upon a permit from the commissioner of small business services.

   2. Wares or merchandise in process of loading, unloading, shipment, or being received from shipment, may be transferred from trucks or other vehicles over the sidewalk by the use of skids, or by backing up trucks on the sidewalks while so doing.

   3. Household furniture may be temporarily placed on a sidewalk for the purpose of loading or unloading the same, during daylight and without unreasonable delay; but, in any such case a passageway shall be kept open within the stoopline of the building, abutting on the sidewalk so obstructed, for the free movement of pedestrians.

   4. Storekeepers and peddlers may sell and display coniferous trees during the month of December and palm branches, myrtle branches, willow branches, and citron during the months of September and October on a sidewalk; but in any such case the permission of the owner of the premises fronting on such sidewalk shall be first obtained and a passageway shall be kept open on the sidewalk so obstructed for the free movement of pedestrians.

   5. Such an obstruction is hereby forbidden on Mermaid avenue between West 17th street and West 37th street, of the borough of Brooklyn.

   6. Such an obstruction is hereby forbidden on all sidewalks less than ten feet in width in the fifth ward of the borough of Queens.

   7. Such an obstruction is hereby forbidden from the building line on Avenue U between Coney Island avenue and Stuart street in the borough of Brooklyn.

   8. Such an obstruction is hereby forbidden from the building line on Steinway street between 34th avenue and Astoria boulevard south in the borough of Queens.

   9. Such an obstruction is hereby forbidden from the building line on 31st street between 23rd avenue and 21st avenue in the borough of Queens.

   10. Such an obstruction is hereby forbidden from the building line on Ditmars boulevard between 28th street and Steinway street in the borough of Queens.

   11. Such an obstruction is hereby forbidden from the building line on 23rd avenue between 28th street and Steinway street in the borough of Queens.

   12. Such an obstruction is hereby forbidden from the building line on 30th avenue between 25th street (Crescent street) and 45th street in the borough of Queens.

   13. Such an obstruction is hereby forbidden from the building line on 31st avenue between 25th street (Crescent street) and 45th street in the borough of Queens.

   14. Such an obstruction is hereby forbidden from the building line on Broadway between 25th street (Crescent street) and 45th street in the borough of Queens.

   15. Such an obstruction is hereby forbidden from the building line on 71st avenue between Queens boulevard and Burns street in the borough of Queens.

   16. Such an obstruction is hereby forbidden from the building line on Austin street between Ascan avenue and Yellowstone boulevard in the borough of Queens.

   17. Such an obstruction is hereby forbidden from the building line on Queens boulevard between Union turnpike and 63rd drive, in the borough of Queens.

   18. Such an obstruction is hereby forbidden from the building line on 63rd drive between 9th street and Alderton street in the borough of Queens.

   19. Such an obstruction is hereby forbidden from the building line on Myrtle avenue between Wyckoff avenue and Cooper avenue in the borough of Queens.

   20. Such an obstruction is hereby forbidden from the building line on Fresh Pond road between Myrtle avenue and Metropolitan avenue in the borough of Queens.

   21. Such an obstruction is hereby forbidden from the building line on Jamaica avenue between 177th street and Queens boulevard in the borough of Queens.

   22. Such an obstruction is hereby forbidden from the building line on 165th street betweeen 177th street and Queens boulevard in the borough of Queens.

   23. Such an obstruction is hereby forbidden from the building line on New York boulevard between Archer avenue and Jamaica avenue in the borough of Queens.

   24. Such an obstruction is hereby forbidden from the building line on Farmers boulevard between Liberty avenue and Merrick boulevard in the borough of Queens.

   25. Such an obstruction is hereby forbidden from the building line on Montague street and the Promenade in the borough of Brooklyn.

   26. Such an obstruction is hereby forbidden from the building line on Fulton street from Flatbush avenue to Adams street in the borough of Brooklyn.

   27. Such an obstruction is hereby forbidden from the building line on Manhattan avenue from Greenpoint avenue to Nassau avenue, in the borough of Brooklyn.

   28. Such an obstruction is hereby forbidden from the building line on Queens Boulevard between 57th Avenue and Grand Avenue in the borough of Queens.

   29. Such an obstruction is hereby forbidden from the building line on Main street between Northern boulevard and Sanford avenue in the borough of Queens. Such an obstruction is also forbidden on any intersecting street from the building line of any building on such portion of Main street.

   30. Such an obstruction is hereby forbidden from the building line on Roosevelt avenue between College Point boulevard and Union street in the borough of Queens. Such an obstruction is also forbidden on any intersecting street from the building line of any building on such portion of Roosevelt avenue.

   31. Such an obstruction is hereby forbidden from the building line on Kissena boulevard between 41st avenue and Barclay avenue in the borough of Queens. Such an obstruction is also forbidden on any intersecting street from the building line of any building on such portion of Kissena boulevard.

   32. Such an obstruction is hereby forbidden from the building line on 40th road between Prince street and Main street in the borough of Queens.

   33. Such an obstruction is hereby forbidden from the building line on 41st avenue between Main street and Union Street in the borough of Queens.

   34. Such an obstruction is hereby forbidden from the building line on 41st road between Main street and Frame place in the borough of Queens.

  1. It shall be unlawful for any person, directly or indirectly, to use any portion of a sidewalk or courtyard, established by law, between the building line and the curb line for the parking, storage, display or sale of motor vehicles.
    1. Except as otherwise hereinafter provided, in addition to the streets designated pursuant to subdivision a of this section, such an obstruction shall be prohibited on any street at such time where either general vending or food vending has been prohibited by local law or by the street vendor review panel pursuant to section 20-465.1 of this code and any rules promulgated thereunder.

   2. As chairperson of the street vendor review panel established pursuant to section 20-465.1 of this code, the commissioner of the department of small business services or his or her designee may recommend that in specified areas of the city the provisions of subdivision a of this section or paragraph one of this subdivision which prohibit such obstructions shall not apply. In making such a recommendation, such commissioner or his or her designee shall consider (a) whether such obstructions are intrinsic to the operation of businesses within such areas and such businesses constitute an essential part of the unique historical and commercial nature of such area and (b) the measures which shall be taken to ameliorate the danger to the public health, safety and welfare in such areas which may be caused, in whole or in part, by the maintenance of such obstructions. Such commissioner may from time to time review, modify or revoke such recommendations. A recommendation by the commissioner or his or her designee pursuant to this paragraph shall be effective upon the report of such recommendation to the council and the approval of such recommendation by the council pursuant to local law. Notice of any recommendation made by the commissioner or his or her designee shall be published in the City Record and mailed to each community board not less than thirty days prior to such commissioner’s report to the council.

   3. Notice of any hearing held pursuant to paragraph two of this subdivision shall be published in the City Record and shall be mailed to each affected community board and the department of city planning not less than thirty days prior to the date of such hearing.

   4. On the following streets where general vending has been prohibited by the street vendor review panel pursuant to section 20-465.1 of this code and any rules promulgated thereunder, the provisions of paragraph one of this subdivision shall not apply:

      (a) Thirteenth avenue between 39th street and 44th street in the borough of Brooklyn;

      (b) Newkirk Plaza between Foster avenue and Newkirk avenue in the borough of Brooklyn;

      (c) Eighty-sixth street between Bay Parkway and 23rd avenue in the borough of Brooklyn;

      (d) West 4th street between Sixth avenue and Seventh avenue in the borough of Manhattan;

      (e) Delancey street between Orchard street and Essex street in the borough of Manhattan.

   5. The provisions of subdivision a of this section which prohibit the hanging or placement of any goods, wares or merchandise in front of a house, store or other building shall not apply to the following streets:

      (a) Delancey street between Essex street and Allen street in the borough of Manhattan, provided that no goods, wares or merchandise be hung or placed at a greater distance than seven feet in front of a house, store or other building or a greater height than five feet above the level of the sidewalks;

      (b) Rivington street between Essex street and Allen street in the borough of Manhattan, provided that no goods, wares or merchandise be hung or placed at a greater distance than five feet in front of a house, store or other building or a greater height than five feet above the level of the sidewalk;

      (c) Essex street between Delancey street and Stanton street in the borough of Manhattan, provided that no goods, wares or merchandise be hung or placed at a greater distance than five feet in front of a house, store or other building or a greater height than five feet above the level of the sidewalk;

      (d) Orchard street between Delancey street and Houston street in the borough of Manhattan, provided that no goods, wares or merchandise be hung or placed at a greater distance than five feet in front of a house, store or other building or a greater height than five feet above the level of the sidewalk;

      (e) Avenue of the Americas between 25th street and 30th street in the borough of Manhattan, provided that no goods, wares or merchandise be hung or placed at a greater distance than three feet in front of a house, store or other building or at a greater distance than five feet from the curb towards the building line or a greater height than five feet above the level of the sidewalk.

  1. In any area where such obstructions are not prohibited pursuant to the provisions of this section, the use of the public space for the display of goods, wares or merchandise shall, in addition to the restrictions set forth in subdivision a of this section, be subject to the following additional restrictions:

   1. Except as otherwise provided in paragraph four of subdivision a of this section, only the goods, wares or merchandise of a commercial establishment which is located adjacent to such public space may be displayed in such public space.

   2. Except as otherwise provided in paragraph four of subdivision a of this section, the goods, wares or merchandise displayed in the public space shall be of the same type or kind which are displayed within the premises of the commercial establishment located adjacent to such space.

    1. Where exigent circumstances exist and a police officer or other authorized officer or employee of any city agency gives notice to any person who displays any goods, wares or merchandise pursuant to subdivision a of this section to temporarily remove or otherwise disassemble such display, such person shall comply with such notice and shall not continue to maintain such display. For the purposes of this subdivision, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian or vehicular traffic, the existence of obstructions in the public space, and accident, fire or other emergency situation, a parade, demonstration or other such event at or near the location of such stand.

   2. If any person who displays any goods, wares or merchandise pursuant to subdivision a of this section does not remove or otherwise disassemble such display when directed to do so by a police officer or other authorized officer or employee of the city in accordance with the provisions of paragraph one of this subdivision, such officer or employee is authorized to provide for the removal of such person’s goods, wares or merchandise and such display to any garage, automobile pound or other place of safety, and the owner or other person lawfully entitled to the possession of such goods, wares and merchandise and such display may be charged with reasonable costs for removal and storage payable prior to the release of such goods, wares or merchandise and such display.

  1. In the event that any seizure made pursuant to this section shall include any perishable items or food products which cannot be retained in custody without such items or food products becoming unwholesome, putrid, decomposed or unfit in any way, they may be delivered to the commissioner of health for disposition pursuant to the provisions of section 17-323 of the code.
  2. Any person who sells or displays or who permits the sale or display of any goods, wares or merchandise in a public space in violation of any of the provisions of this section other than subdivision j of this section shall be considered to be an unlicensed general vendor or an unlicensed food vendor and shall be subject to the penalty and enforcement provisions of either subchapter twenty-seven of chapter two of title twenty or subchapter two of chapter three of title seventeen of this code, whichever is applicable. The provisions of sections 19-149, 19-150 and 19-151 shall not apply to such violations.
  3. In addition to police officers, officers and authorized employees of the department, the department of consumer affairs, the department of health and mental hygiene, and the department of sanitation shall have the power to enforce the provisions of this section, other than subdivision j of this section, relating to the sale and display of goods, wares or merchandise in the public space.
  4. The provisions of this section shall not be construed to apply to obstructions authorized in connection with temporary activities conducted under any permit issued by the city or any agency thereof.
  5. Fixed stand coin operated rides.

   1. For purposes of this subdivision, “fixed stand coin operated ride” shall mean a coin operated ride on a stationary stand which provides an up and down rocking and/or circular motion for the enjoyment of not more than two people at a time.

   2. Notwithstanding any inconsistent provision of this section, a fixed stand coin operated ride may be placed on a sidewalk adjacent to any commercial establishment, including those located on particular streets or in particular locations enumerated in paragraphs five through twenty-eight of subdivision a of this section and any particular streets or locations added to subdivision a of this section by local law on or after January 16, 1996, provided that (i) no portion of such ride shall extend further than five feet from the building line and a width of at least nine and one-half feet shall be maintained on the sidewalk in front of such ride without obstructing pedestrian movement; (ii) such ride shall not be bolted to the sidewalk or chained to a lamppost or other street furniture; (iii) such ride shall be removed from its location on a sidewalk adjacent to a commercial establishment between the hours of 11:00 p.m. and 7:00 a.m. on every day of the week, including Sundays and holidays; and (iv) such ride is in compliance with any other law and with any rules promulgated by the commissioner for purposes of protecting the health, safety, convenience and welfare, and to safeguard the interests of the city.

   3. No more than three fixed stand coin operated rides may be placed in front of any commercial establishment.

   4. If a fixed stand coin operated ride is placed on the sidewalk in violation of the provisions of this subdivision, any authorized officer or employee of the department or the department of consumer affairs, or member of the police department, is authorized to provide for the removal of such fixed stand coin operated ride to any garage, automobile pound or other place of safety, and such ride may be subject to forfeiture upon notice and judicial determination. If a forfeiture hearing is not commenced, the owner or other person lawfully entitled to the possession of such ride may be charged with reasonable costs for removal and storage payable prior to the release of such device; provided, however, that a fixed stand coin operated ride that is not claimed within thirty days after its removal shall be deemed to be abandoned and may be sold at a public auction after having been advertised in the City Record, the proceeds thereof being paid into the general fund or such unclaimed fixed stand coin operated ride may be used or converted for use by the department or by another city agency or by a not-for-profit corporation.

   5. The provisions of subdivision e of this section and sections 19-149, 19-150 and 19-151 of this subchapter shall apply to fixed stand coin operated rides placed on sidewalks.

§ 19-137 Land contour work.

  1. As used in this section.

   1. The term “land contour work” means clearing, grubbing, grading, filling or excavating vacant lots and other land areas but does not include minor work which does not change surface drainage patterns.

   2. The term “clearing” means removing surface encumbrances from a land area, including but not limited to fences, trees, logs, stumps, brush, stones, vegetation and earth.

   3. The term “grubbing” means the removal of root systems incident to surface growths of trees and vegetation.

   4. The term “grading” means leveling, sloping, raising, lowering or otherwise changing the existing surface of land area.

   5. The term “excavation” means removal of material, regardless of its nature, from below the existing ground surface.

   6. The term “filling” means the deposition, leveling or compacting of organic or inorganic material at or in a vacant lot or land area for a purpose relating to the composition, contour, use, or proposed use of the land or for the purpose of disposing of material removed from another lot or land area.

  1. It shall be unlawful for any person to perform or cause, procure, suffer or permit to be performed any land contour work, except as provided in subdivision c hereof, without a written permit from the commissioner.
  2. Subdivision b hereof shall not apply:

   1. To land contour work performed in connection with or in the course of the erection of one or more buildings or other structures or in connection with land uses pursuant to a permit therefor issued by the department of buildings, provided however that, (a) such permit specifically authorizes such land contour work, and (b) such land contour work is performed entirely within the lot lines of the building site for which such permit is issued. In such cases where water courses, drainage ditches, conduits or other means of carrying off water exist on the property and are to be altered or relocated, the commissioner of buildings shall consult with the commissioner of environmental protection concerning the means of disposal of surface water prior to issuance of a permit.

   2. to land contour work which consists only of making improvements to a land area on which a one or two-family house already exists and which does not result in any change in the surface runoff pattern of such land area.

   3. To land contour work for which a stormwater construction permit issued by the department of environmental protection is required pursuant to subchapter 2 of chapter 5-A of title 24 of the administrative code.

  1. No condition shall be created or maintained as the result of land contour work that will interfere with existing drainage unless a substitute therefor is provided which is satisfactory to the commissioner and the commissioner of environmental protection in accordance with criteria established by such commissioners in consultation with the department of health and mental hygiene. Watercourses, drainage ditches, conduits and other like or unlike means of carrying off water or disposing of surface water shall not be obstructed by refuse, waste, building materials, earth, stones, tree stumps, branches or by any other means that may interfere with surface drainage or cause the impoundment of surface waters either within or without the area on which contour work is performed. All excavations shall be drained and the drainage maintained as long as the excavation continues or remains. Where necessary, pumping shall be used. Fill material shall consist of inert, inorganic matter. It shall be unlawful to deposit garbage, waste paper, lumber or other organic material in land fill. The provisions of this section shall not prevent placement of organic matter for fill by the department of sanitation in locations under the jurisdiction of such department. The commissioner shall have the power, in consultation with the commissioner of buildings to adopt rules concerning the type of material that may be used for fill on land not mapped as park land. The commissioner shall enforce compliance with the provisions hereof, and shall make immediate complaint to the corporation counsel of any violation thereof. In addition, the commissioner of buildings shall similarly enforce compliance with the provisions hereof with respect to any land contour work performed pursuant to a permit issued by the commissioner of buildings, and in addition thereto shall inform the department of any failure to comply with a department of buildings violation order relating to the provisions hereof.
    1. Whenever the department shall determine that a condition has been created, or has resulted by reason of land contour work which violates any provision of subdivision (d) hereof, the department may serve an order in the manner prescribed in paragraph two of this subdivision upon the owners of the land upon which such condition has been created or has occurred, to correct such condition within the time designated in such order. Upon the owner’s failure to comply with any order of the department as and within the time specified therein by such department, such department may perform such work or cause the same to be performed, the cost of which shall be due and payable and shall constitute a lien upon the land to which such order pertains, when the amount thereof shall have been finally computed by such department and an entry of the amount thereof shall have been entered in the office of the city collector in the book in which such charges against the premises are to be entered. A notice thereof, stating the amount due and the nature of the charge shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills, or where no name appears, to the premises addressed to either the owner or agent. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to collect and receive interest thereon at the rate that would be applicable to a delinquent tax on such property, to be calculated to the date of payment from the date of entry. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises on which such work was performed. Such charge and interest shall be collected and the lien thereon may be foreclosed in the manner provided by law for the collection and foreclosure of the lien of taxes, sewer rents, sewer surcharges and water rents due and payable to the city, and the provisions of law applicable to the collection and foreclosure of the lien of such taxes, sewer rents, surcharges and water rents shall apply to such charge. The provisions of section 11-307 of the code applicable to the payment of assessments shall also apply to charges heretofore or hereafter established pursuant to this section.

   2. Service of an order upon an owner pursuant to the provisions of this section shall be made personally upon such owner or by certified mail addressed to the last known address of the person whose name appears upon the records in the office of the city collector as being the owner of the premises or as the agent of such owner or as the person designated by the owner to receive the tax bills or, if no such name appears, to the address set forth as the address of the owner in the last recorded deed with respect to such premises. A copy of such order shall also be filed in the clerk’s office of each county where the property is situated and shall be posted in a conspicuous place on the premises.

§ 19-138 Injury to or defacement of streets.

  1. Breaking or injuring. It shall be unlawful for any person to break or otherwise injure any street. There shall be no penalty for a violation of this section in case of an accidental breaking of or injury to a street which is repaired to the satisfaction of the commissioner, within forty-eight hours after such break or injury.
  2. Defacing. Except as otherwise provided by law, it shall be unlawful for any person to deface any street by painting, printing or writing thereon, or attaching thereto, in any manner, any advertisement or other printed matter.

§ 19-139 Excavations for private purposes.

Notice to public service corporations. The person by whom or for whose benefit any excavation is to be made in any street shall give notice thereof in writing, to any corporation whose pipes, mains or conduits are laid in the street about to be disturbed by such excavation, at least forty-eight hours before commencing the same; and shall, at his or her expense, sustain, secure and protect such pipes, mains or conduits from injury, and replace and pack the earth wherever the same shall have been removed, loosened or disturbed, under or around them, so that they shall be well and substantially supported. If any such person shall fail to sustain, secure and protect such pipes, mains or conduits from injury, or to replace and pack the earth under or around them, as the provisions of this section require, then the same may be done by the corporation to whom the same may belong, and the cost thereof, and all damages sustained by such corporation thereby shall be paid by such person, and, in default thereof, such corporation may maintain an action against him therefor.

§ 19-140 Duties of police.

All police officers shall be vigilant in the enforcement of the provisions of this subchapter and section 24-521 of the code and report, through proper channels, and violation thereof to the commissioner. Police officers, on observing or being informed of the opening of or excavating in any street, shall require the person making such opening or excavation to exhibit a permit therefor, and, if none has been given, or if the exhibition thereof be refused, the officer shall report the same to the commissioner.

§ 19-141 Property owners may voluntarily lay sidewalks.

Any owner of property, upon obtaining a permit from the commissioner, may lay a sidewalk in front of such owner’s premises, of such material and in such a manner as may be prescribed by such commissioner. Heating pipes or electric cables for the purpose of melting snow and ice may be incorporated in the construction of sidewalks with the approval of the commissioner.

§ 19-142 Workers on excavations.

A person to whom a permit may be issued, to use or open a street, shall be required, before such permit may be issued, to agree that none but competent workers, skilled in the work required of them, shall be employed thereon, and that the prevailing scale of union wages shall be the prevailing wage for similar titles as established by the fiscal officer pursuant to section two hundred twenty of the labor law, paid to those so employed. No permit shall be issued until such agreement shall have been entered into with the department, and all such permits hereafter issued shall include therein a copy of this provision. When permits are issued to utility companies or their contractors, the power to enforce this provision shall be vested with the comptroller of the city of New York consistent with the provisions of section two hundred twenty of the labor law.

§ 19-143 Excavations for public works.

  1. Notice to public service corporations. Whenever any street shall be regulated or graded, in which the pipes, mains or conduits of public service corporations are laid, the contractor therefor shall give notice thereof in writing to such corporations, at least forty-eight hours before breaking ground therefor. Such provision shall be included in every contract for regulating or grading any street in which the pipes, mains or conduits of public service corporations shall be laid at the time of making such contract.
  2. Public service corporations shall protect their property. Public service corporations whose pipes, mains or conduits are about to be disturbed by the regulating or grading of any street, shall, on the receipt of the notice provided for in the preceding subdivision, remove or otherwise protect and replace their pipes, mains and conduits, and all fixtures and appliances connected therewith or attached thereto, where necessary, under the direction of the commissioner.

§ 19-144 Issuance of permit to open street within five years after completion of city capital construction project requiring resurfacing or reconstruction of such street.

  1. All persons having or proposing to install facilities in, on or over any street shall be responsible for reviewing the city’s capital budget, capital plan and capital commitment plan. Such persons shall make provision to do any work, except emergency work, which requires the opening or use of any street prior to or during the construction of any capital project requiring resurfacing or reconstruction proposed in such budget or plan for such street.
  2. No permit to use or open any street, except for emergency work, shall be issued to any person within a five year period after the completion of the construction of a capital project set forth in such budget or plan relating to such street requiring resurfacing or reconstruction unless such person demonstrates that the need for the work could not have reasonably been anticipated prior to or during such construction.
  3. Notwithstanding the provisions set forth in subdivisions a and b of this section, the commissioner may issue a permit to open a street within such five year period upon a finding of necessity therefor, subject to such conditions as the commissioner may establish by rule, which shall include appropriate guarantees against the deterioration of the restored pavement and may include restoration of pavement to the curb line on both sides of the restoration and parallel to the curb line for 20 feet on each side of such restoration. Such conditions shall include, but are not limited to, the following requirements:

   1. All concrete-base roadways must be restored with concrete of the same depth and at least the same strength as the original base concrete;

   2. All cuts made to the roadway must be straight-edged and any angles must measure 90 degrees;

   3. Restoration of openings less than 10 feet apart must be restored as one continuous restoration; or

   4. If the distance between the edge of the cut and the curb is less than 3 feet the restoration must extend to the curb.

§ 19-145 Pavements improperly relaid.

  1. If any pavement which has been removed shall not be relaid to the satisfaction of the commissioner, he or she may cause an order to be served upon the person by whom such pavement was removed, or if such removal was for the purpose of making a connection between any house or lot, or for any sewer or pipes in the street, or for constructing vaults, or otherwise improving any house or lot, upon the owner or occupant of such house or lot, requiring such person, or the owner or occupant of such house or lot, to have such pavement properly relaid within five days after service of such order. Such order may be served upon the owner or occupant of a house or lot by leaving the same with any person of adult age upon the premises, or posting the same thereupon.
  2. The cost of repaving such pavement shall be collected as follows:

   1. The commissioner shall certify to the comptroller the cost of such work with a description of the lot or premises to improve which such removal was made.

   2. The comptroller shall certify the cost of such work to the city collector, who shall collect the same in the same manner that arrears and water rates are collected.

§ 19-146 Prevention of disturbances of street surface.

  1. It shall be unlawful for any person, without being previously authorized by a permit of the commissioner:

   1. To fill in or raise, or cause to be filled in or raised, any street or any part thereof;

   2. To take up, remove, or carry away, or cause to be taken up, removed or carried away, any asphalt or asphalt blocks, concrete, flagstones, turf, stone, gravel, sand, clay or earth from any street or part thereof.

  1. If any person shall violate this section, the commissioner shall take immediate steps to prevent such disturbances of the surface of the street, and shall forthwith restore such flagging or pavement, as nearly as may be practicable, to the condition in which it was before such taking or removal, at the expense of the party removing the same, to be recovered as penalties are recovered.

§ 19-147 Replacement of pavement and maintenance of street hardware.

  1. General provisions. Whenever any pavement, sidewalk, curb or gutter in any street shall be taken up, the person or persons by whom or for whose benefit the same is removed shall restore such pavement, sidewalk, curb or gutter to its proper condition to the satisfaction of the commissioner of transportation.
  2. Rock refills. Whenever rock is excavated, not more than one-third of the total excavation shall be refilled with the broken stone, which must be in pieces not exceeding six inches in their largest dimension, mingled with clean earth and sand, and restored in such manner as to insure the thorough and compact filling of all spaces.
  3. Restoration in certain cases. Whenever any pavement in any street shall be taken up, or any paving stones in a street shall have been removed in violation of this subchapter or of section 24-521 of the code, the person or persons by whom or for whose benefit the pavement was taken up or paving stones removed shall forthwith return such stones to their former places, and shall otherwise restore the pavement to its normal condition to the satisfaction of the com- missioner.
  4. Maintenance of street hardware. All utility maintenance hole (manhole) covers, castings, and other street hardware shall be maintained flush with the existing surrounding grade. All loose, slippery or broken utility maintenance hole (manhole) covers, castings and other street hardware shall be replaced at the direction of and to the satisfaction of the commissioner.
  5. Payment of cost. If the pavement, sidewalk, curb, gutter or street hardware is not properly restored, replaced or maintained to the satisfaction of the commissioner pursuant to subdivisions a, b, c and d of this section, the commissioner may restore, replace or maintain the pavement, sidewalk, curb, gutter or street hardware to its proper condition and the person or persons by whom or for whose benefit the same was removed shall be liable for the cost and expense of the restoration.
  6. Rules. The commissioner is hereby authorized to establish such rules as, in his or her judgment, shall be deemed necessary for the purpose of carrying out the provisions of this section.
  7. Reasonable notice of improper or inadequate restoration of pavement or maintenance of street hardware. Except where the condition of the pavement or hardware is an imminent danger to life or safety, reasonable notice of improper or inadequate restoration of pavement or maintenance of street hardware shall be given to a person by ordinary mail. In the case of utilities such notice may be oral or written and shall be given to a person or at a place designated by the utility and the utility shall respond within twenty-four hours.

§ 19-148 Safeguards against collision with posts, pillars and columns in streets.

  1. Every post, pillar or supporting column of a superstructure, including supporting columns of railroad structures, located at such points in the roadways of streets as to constitute a menace to vehicular traffic turning or going into the part of the street at or near the point of such location, shall be striped from its base to a point at least twelve feet high with reflectors or reflectorized lights, in such manner as shall be determined by the commissioner. At night, where directed by the commissioner, there shall be displayed a light of sufficient illuminating power to be visible at a distance of two hundred feet, on an arm or bracket extending from such post, pillar or supporting column, or suspended from the superstructure. The striping and lighting of such posts, pillars or supporting columns covered by this section shall be maintained to the satisfaction of the commissioner.
  2. The commissioner shall have power to direct an order to the owner or operator of a superstructure requiring compliance with the provisions of this section.

§ 19-149 Criminal penalties.

  1. Any person who violates any of the provisions of this subchapter or of section 24-521 of the code or any order issued by or rule promulgated by the commissioner pursuant thereto or the terms or conditions of any permit issued pursuant thereto or who causes, authorizes or permits such violation shall be guilty of a violation and upon conviction thereof shall be punishable by a fine of not more than five thousand dollars, or imprisonment for not more than fifteen days, or both such fine and imprisonment for each violation.
  2. Any person who knowingly violates any of the provisions of this subchapter or of section 24-521 of the code or any order issued by or rule promulgated by the commissioner pursuant thereto or the terms or conditions of any permit issued pursuant thereto or who knowingly causes, authorizes or permits such violation shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than seven thousand five hundred dollars, or by imprisonment not exceeding sixty days, or both such fine and imprisonment for each violation.
  3. In the case of a continuing violation, each day’s continuance shall be a separate and distinct offense.

§ 19-150 Civil penalties.

  1. In addition to or as an alternative to the penalties set forth in section 19-149, any person who violates any of the provisions of this subchapter, or of section 24-521 of the code, or any order issued by or rule promulgated by the commissioner pursuant thereto or the terms or conditions of any permit issued pursuant thereto, or who causes, authorizes or permits such violation shall be liable for a civil penalty for each violation. In the case of a continuing violation, each day’s continuance shall be a separate and distinct offense, except that in the case of a violation of section 19-133.1, failure to remove an ATM booth pursuant to an order issued in accordance with subdivision c of section 19-133.1 shall be subject to a civil penalty of not less than two thousand five hundred dollars nor greater than five thousand dollars for the first day of such violation and a civil penalty of five thousand dollars for every five days beyond the first day that such violation shall be in effect, and provided further that there shall be rebuttable presumption that the ATM booth has remained in place during each such five-day period.
    1.    Except as provided in subdivision c of this section, such civil penalty shall be determined in accordance with the following schedule:

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19-102 10,000
19-107 10,000
19-109 10,000
19-111 5,000
19-112 5,000
19-113 5,000
19-115 5,000
19-116 5,000
19-117 subd(a) 10,000
19-119 10,000
19-121 10,000
19-122 5,000
19-123 10,000
19-126 10,000
19-128 5,000
19-133 5,000
19-133.1 10,000
19-135 5,000
19-137 5,000
19-138 5,000
19-139 10,000
19-141 5,000
19-144 10,000
19-145 10,000
19-146 5,000
19-147 10,000
19-148 5,000
24-521 10,000
All other Provisions of this subchapter and rules or orders relating thereto 5,000

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Note: Reference to an administrative code provision is intended to encompass the penalties for violations of the rules or orders made or of the terms or conditions of permits issued pursuant to such code provision.

   2. The civil penalties provided for in this subdivision may be recovered in a proceeding before the environmental control board or in an action in any court of competent jurisdiction.

   3. The environmental control board shall have the power to impose the civil penalties provided for in this subdivision. A proceeding before such board shall be commenced by the service of a notice of violation returnable before such board.

  1. In addition to the civil penalty determined in accordance with subdivision b of this section an additional civil penalty may be recovered in the amount of the expense, if any, incurred by the city to restore or replace pavement unlawfully removed, taken up or broken or to remedy any other unsafe condition on any street resulting from such violation. Such additional civil penalty may be recovered in an action or proceeding in any court of competent jurisdiction.

§ 19-151 Enforcement.

  1. In addition to police officers, authorized officers and employees of the department of transportation and of other city agencies who are designated by the commissioner shall have the power to enforce the provisions of this subchapter and the rules and orders of the commissioner in relation thereto and to issue summonses and appearance tickets returnable in the criminal court and notices of violation returnable before the environmental control board for violations thereof.
  2. In addition to the orders specifically referred to in this subchapter, the commissioner shall have the power to issue any other orders which may be necessary or appropriate (i) to enforce compliance with any of the provisions of this subchapter or of section 24-521 of the code, the rules of the department in relation thereto or the terms or conditions of any permit issued pursuant thereto, or (ii) to remedy any condition found to exist on any street which is in violation of any of the provisions of this subchapter or of section 24-521 of the code, the rules of the department in relation thereto or the terms or conditions of any permit issued pursuant thereto. Such orders shall be served in the manner provided by the rules of the department. The commissioner shall afford the persons to whom such order is directed an opportunity to be heard in accordance with the rules of the department.
  3. The commissioner may request the corporation counsel to institute any action or proceeding that may be appropriate or necessary to restrain, correct or abate a violation of this subchapter or of section 24-521 of the code or the rules of the department in relation thereto or to compel compliance with any order issued by the commissioner thereunder or with the terms or conditions of any permit issued pursuant to this subchapter. Such actions and proceedings may be instituted by the corporation counsel in any court of appropriate jurisdiction. In such actions or proceedings the city may apply for restraining orders, preliminary injunctions or other provisional remedies. The court to which such application is made may make any or all of the orders specified as may be required in such application, with or without notice, and may make such other or further orders or directions as may be necessary to render the same effectual.
  4. If the commissioner finds that any work in violation of this subchapter or of section 24-521 of the code, the rules of the department or the terms or conditions of a permit issued pursuant to this subchapter creates an imminent danger to life or safety, he or she may issue an order to cease and desist. Such order shall be given orally or in writing to the persons executing the work and shall require immediate compliance therewith. The order may also require such persons to execute such work or take such action as the commissioner determines may be necessary to remove the danger or otherwise make the street reasonably safe, including but not limited to filling in an excavation and repairing, restoring or replacing the pavement thereon or removing construction material or equipment or dirt, debris or rubbish therefrom.
  5. In addition to any other remedies or penalties set forth in this subchapter, upon the failure to comply with an order issued by the commissioner to remedy any condition on any street which is in violation of this subchapter, or of section 24-521 of the code, the rules of the department in relation thereto or the terms or conditions of a permit issued pursuant to this subchapter, including an order to cease and desist, within the time set forth in such order, the commissioner may execute the work required to be executed in such order. All costs and expenses of the city for such work may be recovered from the persons who are found to be liable for the violation. Before undertaking to execute any work required by an order, other than work required by an order to cease and desist, the commissioner shall afford the persons to whom such order is directed an opportunity to be heard in accordance with the rules of the department.
  6. The provisions of sections 19-149 and 19-150 shall be construed to provide that a permittee or a person for whose benefit any activity for which a permit is required pursuant to this subchapter is performed shall be liable with his or her employee, agent or independent contractor for a violation of the provisions of this subchapter or of section 24-521 of the code or any order issued by or rule promulgated by the commissioner pursuant thereto or the terms or conditions of any permit issued pursuant thereto which is committed by such employee, agent or independent contractor in the course of performing the activity for which a permit was issued to such permittee or the activity which benefited such person. Notwithstanding the foregoing provision in any action or proceeding against a person who owns or leases real property for a violation arising out of work in a street which benefited the real property owned or leased by such person, it shall be an affirmative defense by such owner or lessee that the work which was the subject of such violation was performed by a licensed master plumber as defined in subdivision e of section 26-141 of the administrative code under a permit issued by the department or by an operator of an underground facility as defined in 12 NYCRR 53-1.5.

§ 19-152 Duties and obligations of property owner with respect to sidewalks and lots.

  1. The owner of any real property, at his or her own cost and expense, shall (1) install, construct, repave, reconstruct and repair the sidewalk flags in front of or abutting such property, including but not limited to the intersection quadrant for corner property, and (2) fence any vacant lot or lots, fill any sunken lot or lots and/or cut down any raised lots comprising part or all of such property whenever the commissioner of the department shall so order or direct. The commissioner shall so order or direct the owner to reinstall, construct, reconstruct, repave or repair a defective sidewalk flag in front of or abutting such property, including but not limited to the intersection quadrant for corner property or fence any vacant lot or lots, fill any sunken lot or lots and/or cut down any raised lots comprising part or all of such property after an inspection of such real property by a departmental inspector. The commissioner shall not direct the owner to reinstall, reconstruct, repave or repair a sidewalk flag which was damaged by the city, its agents or any contractor employed by the city during the course of a city capital construction project. The commissioner shall direct the owner to install, reinstall, construct, reconstruct, repave or repair only those sidewalk flags which contain a substantial defect. For the purposes of this subdivision, a substantial defect shall include any of the following:

   1. where one or more sidewalk flags is missing or where the sidewalk was never built;

   2. one or more sidewalk flag(s) are cracked to such an extent that one or more pieces of the flag(s) may be loosened or readily removed;

   3. an undermined sidewalk flag below which there is a visible void or a loose sidewalk flag tht rocks or seesaws;

   4. a trip hazard, where the vertical grade differential between adjacent sidewalk flags is greater than or equal to one half inch or where a sidewalk flag contains one or more surface defects of one inch or greater in all horizontal directions and is one half inch or more in depth;

   5. improper slope, which shall mean (i) a flag that does not drain toward the curb and retains water, (ii) flag(s) that must be replaced to provide for adequate drainage or (iii) a cross slope exceeding established standards;

   6. hardware defects which shall mean (i) hardware or other appurtenances not flush within 1/2” of the sidewalk surface or (ii) cellar doors that deflect greater than one inch when walked on, are not skid resistant or are otherwise in a dangerous or unsafe condition;

   7. a defect involving structural integrity, which shall mean a flag that has a common joint, which is not an expansion joint, with a defective flag and has a crack that meets such common joint and one other joint;

   8. non-compliance with DOT specifications for sidewalk construction; and

   9. patchwork which shall mean (i) less than full-depth repairs to all or part of the surface area of broken, cracked or chipped flag(s) or (ii) flag(s) which are partially or wholly constructed with asphalt or other unapproved non-concrete material; except that, patchwork resulting from the installation of canopy poles, meters, light poles, signs and bus stop shelters shall not be subject to the provisions of this subdivision unless the patchwork constitutes a substantial defect as set forth in paragraphs (1) through (8) of this subdivision.

a-1. An owner of real property shall bear the cost for repairing, repaving, installing, reinstalling, constructing or reconstructing any sidewalk flag in front of or abutting his or her property, including but not limited to the intersection quadrant for corner property, deemed to have a substantial defect which is discovered in the course of a city capital construction project or pursuant to the department’s prior notification program, wherein the department receives notification of a defective sidewalk flag(s) by any member of the general public or by an employee of the department. However, with respect to substantial defects identified pursuant to the prior notification program, the sidewalk must be deemed to be a hazard prior to the issuance of a violation for any substantial defect contained in subdivision a of this section for any sidewalk flag on such sidewalk. For purposes of this subdivision, a hazard shall exist on any sidewalk where there is any of the following:

   1. one or more sidewalk flags is missing or the sidewalk was never built;

   2. one or more sidewalk flag(s) is cracked to such an extent that one or more pieces of the flag(s) may be loosened or readily removed;

   3. an undermined sidewalk flag below which there is a visible void;

   4. a loose sidewalk flag that rocks or seesaws;

   5. a vertical grade differential between adjacent sidewalk flags greater than or equal to one half inch or a sidewalk flag which contains one or more surface defects of one inch or greater in all horizontal directions and is one half inch or more in depth; or

   6. cellar doors that deflect greater than one inch when walked on, are not skid resistant or are otherwise in a dangerous or unsafe condition.

  1. All such work shall be done in accordance with such specifications and regulations prescribed by the department.
  2. Whenever the department shall determine that a sidewalk flag should be installed, constructed, reconstructed, or repaved, or that a vacant lot should be fenced, or a sunken lot filled or a raised lot cut down, it may order the owner of the property abutting on such sidewalk flag or the owner of such vacant, sunken or raised lot by issuing a violation order to perform such work. Such order shall provide a detailed explanation of the inspection and the sidewalk defects according to sidewalk flags including a detailed diagram of the property and defects by type. The order shall also inform the owner of the existence of the borough offices within the department together with an explanation of the procedures utilized by the borough office as provided for in paragraph eighteen of subdivision a of section twenty-nine hundred three of the New York city charter as well as a complaint and appeal process, including the right to request a reinspection and then the right to appeal by filing a notice of claim with the office of the comptroller of the city of New York and thereafter a petition for appeal and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed under the direction of or by the department as provided herein and the procedures as to how to appeal by filing a notice of claim with the office of the comptroller of the city of New York and how to file a petition and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed as provided herein and the location, where the forms may be obtained. Such order shall specify the work to be performed, an estimate of the cost of the work to repair the defects and the order shall also specify a reasonable time for compliance, provided that the time for compliance shall be a minimum of 75 days. The department shall, by appropriate regulations, provide for a reinspection by a different departmental inspector than the inspector that conducted the first or original inspection upon request of the property owner to the appropriate borough office. Where appropriate, the department shall notify the property owner of the date of reinspection at least five days prior to the reinspection date. Such inspector conducting the reinspection shall conduct an independent inspection of the property without access to the reports from the first inspection. The inspector conducting the reinspection shall file a new report and the department shall issue a new order to the owner specifying the results of the reinspection with a detailed diagram of the property and defects by type. Such order shall also advise the owner of the procedures utilized by the borough office as provided for in paragraph eighteen of subdivision a of section twenty-nine hundred three of the New York city charter and also of the right to challenge the notice of account and/or the quality of the work performed by filing a notice of claim with the office of the comptroller and thereafter a petition and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed under the direction of or by the department as provided in sections 19-152.2 and 19-152.3 of the code and specify the procedures as to how to appeal by filing a notice of claim with the office of the comptroller of the city of New York and how to file a petition and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed and the location where the forms may be obtained.
  3. If the department has been notified in writing of the existence of a defective, unsafe, dangerous or obstructed condition of a sidewalk pursuant to subdivision (c) of section 7-201 of the code, and the department determines that such condition constitutes an immediate danger to the public, it may notify the property owner that such condition constitutes an immediate danger to the public and direct such owner to repair same within ten days of the service of the notice.
  4. Upon the owner’s failure to comply with such order or notice within 75 days of service and filing thereof, or within ten days if such period is fixed by the department pursuant to subdivision d of this section, the department may perform the work or cause same to be performed under the supervision of the department, the cost of which, together with administrative expenses, as determined by the commissioner, but not to exceed twenty percent of the cost of performance, shall constitute a debt recoverable from the owner by lien on the property affected or otherwise. Upon entry by the city collector, in the book in which such charges are to be entered, of the amount definitely computed as a statement of account by the department, such debt shall become a lien prior to all liens or encumbrances on such property, other than taxes. An owner shall be deemed to have complied with this subdivision if he or she obtains a permit from the department to perform such work as specified in the order within the time set forth therein and completes such work within ten days thereafter.
  5. Service of a notice or order by the department upon an owner pursuant to the provisions of this section shall be made upon such owner or upon his or her designated managing agent personally or by certified or registered mail, return receipt requested, addressed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party, other than the owner, has been designated to receive tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or, if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code. If the postal service returns the order with a notation that the owner refused to accept delivery of such notice, it may be served by ordinary mail and posted in a conspicuous place on the premises.
  6. A copy of such notice or order shall also be filed in the office of the clerk of each county where the property is situated, together with proof of service thereof.
  7. Nothing contained in this section shall impair or diminish the power of the city to install, construct, reconstruct, repave or repair sidewalk flags or to fence vacant lots or to fill sunken lots or to cut down raised lots or to enter into contracts with the owners of premises abutting on streets for such installation, construction, reconstruction, repaving or repair of sidewalk flags or fencing of vacant lots or filling of sunken lots, or cutting down of any raised lots, in accordance with the rules of the procurement policy board. Nor shall anything contained in this section affect or impair any act done or right accrued or accruing, or acquired, or liability incurred prior to the effective date of this section, but the same may be enjoyed or asserted as fully and to the same extent as if this section had not been enacted.
  8. After the work has been performed or after inspection by the department in the case where the work was performed under the direction of the department a notice of such account, stating the amount due and the nature of the charge, shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall also inform the addressee of the existence of a complaint and appeal process including the procedures utilized by the borough office as provided for in paragraph eighteen of subdivision a of section twenty-nine hundred three of the New York city charter the right to appeal the amount due and the quality of work performed under the direction of or by the department by filing a notice of a claim with the office of the comptroller of the city of New York and thereafter by filing a petition and commence a proceeding to review and/or correct the notice of such account and/or the quality of the work performed under direction of or by the department as provided in section 19-152.2 and 19-152.3 of the code and the location where the forms may be obtained. The owner shall only be responsible for the cost of reinstalling, constructing, reconstructing, repaving or repairing defective sidewalk flags ordered or directed by the department, not an entire sidewalk if the entire sidewalk lacks defects.
  9. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to charge and receive interest thereon, to be calculated to the date of payment from the date of entry.

   (1) Except as otherwise provided in paragraph (2) of this subdivision, interest shall be charged at the rate of interest applicable to such property for real property taxes pursuant to section 11-224 of the code.

   (2) With respect to any parcel on which the annual tax is not more than two thousand seven hundred fifty dollars, other than a parcel which consists of vacant or unimproved land, interest shall be charged at the rate determined pursuant to subdivision p or at the rate of eight and one-half percent whichever is lower.

  1. Such charge and interest shall be collected and the lien thereof may be foreclosed in the manner provided by law for the collection and foreclosure of the lien of taxes, sewer rents, sewer surcharges and water charges due and payable to the city, and the provisions of chapter four of title eleven of the code shall apply to such charge and the interest thereon and the lien thereof.
  2. In addition to collecting the charge for the cost of installation, construction, repaving, reconstruction and repair of sidewalk, fencing of a vacant lot, filling of a sunken lot and/or cutting down any raised lot as a lien, the city may maintain a civil action for recovery of such charge against a property owner who is responsible under this section for such work in the first instance, provided, however, that in the event that the department performs the work without duly notifying such person in the manner prescribed in subdivision f, the cost to the city of performing such work shall be prima facie evidence of the reasonable cost thereof.
  3. Upon application in writing of either (i) an owner of real property which is improved by a one, two, three, four, five or six family house: or (ii) an owner of real property which has an assessed valuation of no more than thirty thousand dollars, upon which a charge in excess of two hundred fifty dollars but not in excess of five thousand dollars has been entered pursuant to this section, the commissioner of finance may agree with the owner to divide the charge into four annual installments. Each installment shall be as nearly equal as may be. The first installment thereof shall be due and payable upon approval of the application and each succeeding installment shall be due and payable on the next ensuing anniversary date of the date of entry of the charge, together with interest thereon from the date of entry at the rate determined pursuant to subdivision p, or at the rate of eight and one-half percent per annum, whichever is lower. The commissioner may require owners of parcels making application pursuant to this subdivision to furnish satisfactory proof of their eligibility. In the event that the owner fails to make payment of any installment within thirty days of the due date, the commissioner may declare such installment agreement to be null and void and the balance of the charge shall become immediately due and payable with interest at the rate prescribed in subdivision j of this section to be calculated from the date of entry to the date of payment. The installments not yet due with interest to date of payment may be paid at any time. The city may not enforce a lien against any owner who has entered into an agreement with the commissioner of finance pursuant to this section provided that he or she is not in default thereunder. No installment shall be a lien or deemed an encumbrance upon the title to real property charged until it becomes due as herein provided. In the event that the city shall acquire, by condemnation or otherwise, any property upon which installments are not due, such installments shall become due as of the date of acquisition of title by the city and shall be set off against any award that may be made for the property acquired, with interest to the date of acquisition of title.
  4. All orders or notices served by the commissioner in connection with the installation, construction, reconstruction, repavement or repair of sidewalks, fencing of vacant lots, filling of sunken lots or cutting down of raised lots and all charges arising out of the performance of such work by the department subsequent to January first, nineteen hundred seventy-seven are hereby legalized, validated, ratified and confirmed as though such orders, notices and charges were made pursuant to this section.
  5. [Repealed.]
  6. On or before the first day of June, nineteen hundred eighty-six, and on or before the first day of June of each succeeding year, the director of the office of management and budget shall determine and certify the city’s cost of debt service, expressed as a percentage and rounded to the nearest one-tenth of a percentage point and shall transmit copies of such certification to the city council and the commissioner of finance. The percentage so determined and certified shall be the rate of interest applicable for purposes of paragraph (2) of subdivision j and subdivision m during the ensuing fiscal year of the city, provided, however, that for the period beginning on February third, nineteen hundred eighty-five and ending on June thirtieth, nineteen hundred eighty-six, the applicable rate of interest shall be eight and one-half percent per annum. Any rate determined pursuant to this subdivision shall apply to charges, or any portion thereof, which remain or become due on or after the date on which such rate becomes effective and shall apply only with respect to interest computed or computable for periods or portions of periods occurring in the period in which such rate is in effect. For the purposes of this subdivision, the city’s cost of debt service shall be the average rate of interest paid by the city during the first ten months of the fiscal year in which the determination is made on general obligation bonds issued by the city during such period with a maturity of four years or if no general obligation bonds with a maturity of four years are issued during such period, on general obligation bonds with a maturity of no less than three nor more than five years.
  7. Notwithstanding any inconsistent provision of this section, the amount charged an owner for sidewalk reconstruction performed or caused to be performed by the department in connection with a city capital construction project for street or sewer reconstruction shall be determined according to the average city expenditure for such sidewalk reconstruction projects in the borough where such reconstruction is performed. Such average expenditure shall be computed by the commissioner.
  8. The department shall keep record of all complaints submitted and work ordered and performed under this section and shall issue a public report for a minimum of three years containing such information including the number of complaints heard each year according to category, the number of reinspections performed, and the dispositions of such reinspections.
  9. The provisions of sections 19-149, 19-150 and 19-151 shall not apply to orders issued pursuant to this section.

§ 19-152.2 Claim process.

  1. A claim against the department arising from the city’s performance pursuant to section 19-152 of the code shall be initiated within one year from the date of entry of a notice of account if the claimant shall have filed a notice of claim with the office of the comptroller of the city of New York within the time limit established by, and in compliance with all the requirements of section fifty-e of the general municipal law. The claim forms shall be provided to property owners upon request at no cost.
  2. If the office of the comptroller determines that the final work was improper, the office of the comptroller shall notify the department. The department shall pursue corrective measures and shall issue and mail a new notice within thirty days of such determination, stating when the same will be corrected and by whom, by mail addressed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party other than the owner has been designated to receive the tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code.

§ 19-152.3 Appeal process to small claims assessment review part.

  1. If an owner of property claiming to be aggrieved does not secure satisfaction with the office of the comptroller, such owner of property may file a petition for appeal and commence a proceeding to review and/or correct the notice of account and/or the quality of the work performed with the small claims assessment review part in the supreme court. The petition for appeal forms shall be provided to property owners upon request, at no cost. A fee of twenty-five dollars shall be paid upon filing of each petition, which shall be the sole fee required for petitions pursuant to this section. Such petition shall contain an allegation that at least thirty days have elapsed since the notice of claim, based on section 7-201 of the code upon which such action is founded, was presented to the office of the comptroller for adjustment, and that the comptroller has neglected or refused to make an adjustment, or payment thereof for thirty days after such presentment.
  2. The petition for an appeal form shall be prescribed by the department after consultation with the office of court administration. Such form shall require the petitioner to set forth his name, address and telephone number, a description of the real property for which the appeal is sought, the types of property defects or a description of the violations, a concise statement of the ground or grounds upon which the review is sought and any such information as may be required by the department and the office of court administration. No petition for an appeal form shall relate to more than one parcel of real property. The petition may be made by a person who has knowledge of the facts stated therein and who is authorized in writing by the property owner to file such petition. Such written authorization must be made a part of such petition and bear a date within the same calendar year during which the petition was filed.
  3. The petitioner shall personally deliver or mail by certified mail, return receipt requested a copy of the petition within seven days from the date of filing with the clerk of the supreme court to the commissioner of the department or a designee of the commissioner.
  4. The chief administrator of the courts shall appoint a panel of small claims hearing officers within the small claims assessment review program in the supreme court selected from persons requesting to serve as such hearing officers who have submitted resumes of qualifications to hear the proceedings relating to sidewalks and lots. Hearing officers to be appointed to the panel shall be qualified by training, experience, and knowledge of real property improvement and valuation practices and provisions of state and local law governing real property improvements, liabilities and assessments, but need not be attorneys at law. The chief administrator of the court shall randomly assign a hearing officer or hearing officers to conduct an informal hearing on the petition for appeal with the applicants for small claims and a representative of the department. Hearing officers assigned shall be familiar with the department and shall not possess any conflict of interest as defined by the public officers law with regard to the petitions heard. Hearing officers shall be compensated for their services in accordance with a fee schedule established by the chief administrator of the courts.
  5. The small claims proceedings shall be held within thirty days after the date of filing the petition. Such proceeding, where practicable, shall be held at a location within the county in which the real property subject to review is located. The petitioner and the department shall be advised by mail of the time and place of such proceeding.
  6. The petitioner need not present expert witnesses nor be represented by an attorney at such hearing. Such proceedings shall be conducted on an informal basis in such manner as to do substantial justice between the parties according to the rules of substantive law. The petitioner shall not be bound by statutory provisions of rules of practice, procedure, pleading or evidence. The hearing officer shall be empowered to compel the department and any other party who performed the work to produce records and other evidence relevant and material to the proceeding. All statements and presentation of evidence made at the hearing by either party shall be made or presented to the hearing officer who shall assure that decorum is maintained at the hearing. The hearing officer shall consider the best evidence presented in each particular case. Such evidence may include but shall not be limited to, photographs of the sidewalk or lots, construction contracts or bills from licensed firms that performed the work to correct the alleged violations. The hearing officer may, if he deems it appropriate, view or inspect the real property subject to review. The petitioner shall have the burden of proving entitlement to the relief sought.
  7. All parties are required to appear at the hearing. Failure to appear shall result in the petition being determined upon inquest by the hearing officer based upon the available evidence submitted.
  8. The hearing officer shall determine all questions of fact and law de novo.
  9. The hearing officer shall make a decision in writing with respect to the petition for appeal within thirty days after conclusion of the hearing conducted with respect thereto. The hearing officer’s decision may grant the petition in full or in part or may deny the petition. If the hearing officer grants the petition in full or in part, the hearing officer shall award the petitioner costs against the respondent in an amount equal to the fee paid by the petitioner to file the petition for appeal. The hearing officer may award the petitioner costs against the respondent in an amount equal to the fee paid by the petitioner to file the petition for appeal where he deems it appropriate.
  10. If the hearing officer grants the petition in full or in part, the hearing officer shall order the department and the city collector, where appropriate, to change or correct their records to reflect the determination or order the work corrected and reinspected by a departmental inspector after the work was performed.
  11. The decision of the hearing officer shall state the findings of fact and the evidence upon which it is based. Such decisions shall be attached to and made part of the petition for appeal and shall be dated and signed.
  12. The hearing officer shall promptly transmit the decision to the clerk of the court, who shall file and enter it and the hearing officer shall promptly mail a copy of the decision to the petitioner or the commissioner of the department or the designee of the commissioner and to the city collector, where appropriate.
  13. No transcript of testimony shall be made of a small claims review hearing. The hearing officer’s decision of a petition of appeal shall not constitute precedent for any purpose or proceeding involving the parties or any other person or persons.
  14. A petitioner to an action pursuant to this section may seek judicial review pursuant to article seventy-eight of the civil practice law and rules provided that such review shall be maintained against the same parties named in the small claims petition.
  15. The chief administrator of the courts shall adopt such rules of practice and procedure, not inconsistent herewith as may be necessary to implement the appeal procedures hereby established. Such rules shall provide for the scheduling of evening hearings where practicable, the availability of petition forms, and the procedures for the filing of decisions rendered by hearing officers pursuant to the provisions of this section.
  16. If in the final order in any proceeding, it is determined that the amount due was excessive or improper and ordered or directed that the same be corrected, the city collector shall issue and mail a new notice of such account stating the new amount owed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party other than the owner has been designated to receive the tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or, if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to charge and receive interest thereon, to be calculated to the date of payment from the date of entry. Where appropriate, if in the final order in any proceeding, it is determined that the amount due was excessive or improper and the owner of the property is entitled to a refund for the excessive amount, the hearing officer shall promptly order and direct such refund within thirty days.
  17. If in the final order in any proceeding, it is determined that the final work was improper and ordered or directed that the same be corrected, the department shall issue and mail a new notice of such within thirty days stating when the same will be corrected and by whom, by mail, addressed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party other than the owner has been designated to receive the tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or, if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code.

§ 19-153 Inspection, testing and repair of electrical-related infrastructure.

  1. The provisions of this section shall only apply to electrical-related infrastructure located in the city of New York capable of emitting stray voltage. For purposes of this section, the following terms shall have the following meanings:

   1. “Local electric corporation” shall mean an electric corporation as defined in paragraph 13 of section 2 of the public service law, or its successor provision, that owns and operates transmission and distribution systems for the provision of electrical service in the city of New York.

   2. “Stray voltage” shall mean any unintended electrical potentials between contact points that may be encountered by humans or animals.

   3. “Voltmeter” shall mean an instrument that measures differences of electric potential in volts.

   4. “Non-conductive protective material” shall mean any casing or material of sufficient composition or thickness to adequately obstruct the unintended flow of electricity.

  1. All local electric corporations shall, where practicable and appropriate for the protection of public safety, utilize non-conductive protective materials to insulate their electrical-related infrastructure to prevent stray voltage.
  2. All local electric corporations shall establish and implement written guidelines and procedures for the annual inspection or testing of each category of its electrical-related infrastructure used to provide electrical service and for the repair of such infrastructure if required. Such guidelines and procedures shall include the annual inspection of each category of its electrical-related infrastructure located on, above or below any sidewalk used to provide electrical service and the repair of such infrastructure if required. Such guidelines and procedures shall also include the annual testing of each category of its electrical-related infrastructure in any location other than on, above or below a sidewalk used to provide electrical service and the repair of such infrastructure if required. Each inspection and testing period shall be comprised of an uninterrupted twelve month period concluding on November 30 of each year. Such local electric corporations shall establish such inspection and testing schedules and procedures for at least the following categories of electrical-related infrastructure: transformers, switching and protective devices, regulators and capacitors, overhead and underground cables, wires and conductors, above and below ground utility and connection boxes, manhole covers, metal plates, gratings and poles.
  3. Each piece of electrical-related infrastructure included in the list of categories of such infrastructure set forth in subdivision c of this section that has been found to emit stray voltage shall be repaired or made safe within twenty-four hours of discovery or knowledge of such condition by the local electric corporation that owns and operates the infrastructure, or a contractor or subcontractor thereof, in a manner that completely eliminates the emission of any such stray voltage.
  4. Upon completion of the annual inspection, testing and repair program mandated by subdivision c of this section, all local electric corporations shall provide the council, the department and the public service commission with a written report no later than January 15 of each year. Such report shall state that each piece of its electrical-related infrastructure has been inspected where required, tested where required, and, if necessary, repaired during the immediately preceding inspection and testing period. Such report shall indicate each location at which stray voltage was found and shall state that in each such instance, each repair was completed in accordance with accepted professional standards and that no public safety hazard exists. Such report shall include a detailed account of all types of non-conductive protective materials utilized to insulate such local electric corporation’s electrical-related infrastructure during the period being reported upon, as well as any planned changes in the types of non-conductive protective materials to be employed during the next reporting period to meet the mandate set forth in subdivision b of this section with an explanation for any proposed change. Such report shall also include a complete list of all inspections, tests and repairs for the detection and elimination of stray voltage conducted outside the course of the inspection and testing schedules required by subdivision c of this section, such as those initiated in response to consumer complaints, including the nature and location of the condition complained of, whether the complaint was founded, what repair work was undertaken and to what category of electrical-related infrastructure and the amount of time taken from receipt of the complaint to completely eliminate any stray voltage.
  5. The department shall conduct random tests, by utilizing a voltmeter, of the electrical-related infrastructure of any local electric corporation for the purposes of detecting stray voltage and shall maintain written reports of the results of each such test. Commencing with the twelve month inspection and testing period beginning on December 1, 2004, the department shall conduct at least two hundred fifty such tests at random sites during each twelve month inspection and testing period. The reports created pursuant to this testing shall be forwarded to the public service commission and to the local electric corporation whose sites and department tests.
  6. All local electric corporations shall establish and implement an educational campaign aimed at informing the public of how to identify and protect themselves from the dangers of stray voltage potentially emanating from their electrical-related infrastructure. The campaign shall utilize the information from the annual report of inspections, tests and repairs required by this section to alert the public to the locations most frequently documented as having had stray voltage.

§ 19-154 Publication of street resurfacing information.

  1. The commissioner shall make available online through the department’s website information regarding the resurfacing and capital improvement of city blocks. Such information shall include but not be limited to: (i) what year city blocks were last resurfaced or received capital improvement; (ii) the current rating for city blocks pursuant to the department’s street rating system as one of the following: good, fair, or poor.
  2. On or before January 31, 2013, the information required by subdivision a of this section shall be searchable by city block.

§ 19-155 Study of alternative roadway and sidewalk materials.

  1. The department and the department of environmental protection shall conduct a study on the possible use of permeable materials on roadways and sidewalks under the jurisdiction of the department. Such study shall include the following: (i) various types of permeable material for roadway and sidewalk use; (ii) the expected costs of such materials and the projected feasibility of such materials, including but not limited to durability, operational function and performance; (iii) the volume of stormwater anticipated to be permeated through such materials; (iv) recommendations and limitations regarding the use of permeable materials on roadways and sidewalks under the jurisdiction of the department; (v) the maintenance practices for such roadways and sidewalks and estimated costs of such practices; (vi) the effect on utilities and other entities that will need to make cuts in such roadways and sidewalks; (vii) methods to restore the porosity of such roadways and sidewalks and an estimate of the costs of such methods; (viii) recommendations regarding the use and limitations of permeable materials by private property owners on private roadways, parking lots and sidewalks; and (ix) a determination on whether a uniform standard on the use of permeable materials in sidewalks within the city of New York is appropriate, based on the results of the study and pilot required pursuant to subdivisions a and b of this section. If such uniform standards are deemed appropriate, the department, in consultation with other agencies including but not limited to the department of parks and recreation and the department of design and construction, shall make recommendations and exceptions to such uniform standard. Such study shall be completed and delivered to the speaker of the council and posted on the department’s website not more than thirty months following the effective date of the local law that added this section.
  2. The department shall undertake a pilot program on the use of permeable materials on roadway and sidewalk surfaces as part of the study required pursuant to subdivision a of this section. Such pilot program shall include evaluation of permeable materials in three different types of roadway conditions and three different types of sidewalk conditions, with such conditions including but not limited to roadway and pedestrian volume and locations susceptible to flooding. The department shall consult with the department of environmental protection prior to choosing the locations for such pilot program. A report on such pilot program shall be completed and delivered to the speaker of the council and posted on the department’s website not more than one hundred twenty days following the completion of the pilot program.

§ 19-156 Work zone safety on bridges.

  1. For purposes of this section, the following terms shall have the following meanings:

   1. “Bridge” shall mean a span that includes a roadway for use by motor vehicles, that is located above another surface.

   2. “Work zone” shall mean a location where workers are engaged in a stationary operation that exceeds four hours in duration and which is not predominantly separated from traffic by a temporary concrete or other rigid barrier system.

  1. On or before January 1, 2015, the commissioner shall conduct a review of guidelines and best practices with regard to work zone safety on bridges that are under the jurisdiction of the department. A written report detailing such guidelines and best practices shall be submitted to the speaker of the council and posted on the department’s website upon completion.

§ 19-157 Pedestrian plazas.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Event. The term “event” means any activity within a pedestrian plaza where the activity will interfere with or obstruct the regular use of such pedestrian plaza, but shall not include activities conducted pursuant to a valid film permit, demonstrations, or parades.

   Pedestrian plaza. The term “pedestrian plaza” means an area designated by the department as such for pedestrian circulation, use and enjoyment on property under the jurisdiction of the department including, but not limited to, property mapped as a public place or property within the bed of a roadway, and which may contain amenities such as tables, seating, trees, plants, lighting, bike racks, or public art.

   Pedestrian plaza partner. The term “pedestrian plaza partner” means an organization selected by the department to assist with functions related to pedestrian plazas, pursuant to a non-exclusive agreement with the department, pursuant to chapter 13 or 14 of the charter of the city of New York. Such functions may include, but are not limited to, the design, daily management, maintenance, programming, and the provision of funding to support such functions.

  1. Pedestrian plaza designation.

   1. The department may designate an area as a pedestrian plaza. In making such designation, the department shall consider factors, including but not limited to, the following: (i) availability of and need for open space in the surrounding areas; (ii) ability of the department or any pedestrian plaza partner to properly maintain such pedestrian plaza and develop programming; and (iii) relationship of such pedestrian plaza to surrounding land uses, traffic, and pedestrian activity and safety.

   2. No less than 60 days before designating a pedestrian plaza, the department shall forward notice of its intent to any affected council members, community boards, and borough presidents. Within 45 days of receipt of such notice, such council members, community boards, and borough presidents may submit comments regarding such proposed pedestrian plaza. The department shall consider such comments before making a determination in regard to such proposed pedestrian plaza.

   3. Proposals for the designation of an area as a pedestrian plaza may be submitted by a council member, community board, borough president, or non-profit organization pursuant to rules of the department. Within 90 days of the receipt of such application, the department shall issue a response to such a proposal.

   4. All pedestrian plazas identified on the department’s website pursuant to section 19-101.4 prior to June 1, 2016 shall be deemed designated pedestrian plazas pursuant to this section.

   5. At least 90 days before the department rescinds the designation of a pedestrian plaza, the department shall notify the affected council members, community boards, borough presidents, and any pedestrian plaza partner. If any such council member, community board, borough president, or pedestrian plaza partner so requests, the department shall hold a public hearing on the proposed designation rescission no more than 45 days after sending such notice. The department shall consider any comments from such public hearing or any comments submitted to the department before rescinding such designation.

  1. Pedestrian plaza rules.

   1. The commissioner may promulgate uniform rules applicable to pedestrian plazas, including, but not limited to, setting general rules of conduct.

   2. In addition to uniform rules promulgated pursuant to paragraph 1 of this subdivision, the commissioner may promulgate pedestrian plaza-specific rules to regulate the use of, and activities within, an individual pedestrian plaza and sidewalks directly adjacent to such pedestrian plaza. In developing such pedestrian plaza-specific rules, the department shall consider factors including, but not limited to: the individual needs of such pedestrian plaza; pedestrian traffic and congestion; public safety concerns; the size of such pedestrian plaza; current and potential usage demands and the need to manage competing uses; the need to create or maintain the aesthetics or special character of such pedestrian plaza and its surroundings, or to promote tourism or other forms of economic development; and the need to regulate commercial activity, solicitation, entertainment by individuals or groups, or expressive matter vending in such pedestrian plaza. For the purposes of this paragraph, commercial activity shall not include vendors who are licensed pursuant to sections 17-307 or 20-453.

   3. If the department has selected a pedestrian plaza partner for a pedestrian plaza, the department shall consider the input of such partner in developing rules related solely to such pedestrian plaza.

  1. Pedestrian plaza events. A plaza activity permit issued by an agency or office designated by the mayor shall be required for any event held completely within a pedestrian plaza. Such agency or office, after consultation with the commissioner and consideration of any input of pedestrian plaza partners, shall promulgate rules: (i) establishing a process for the issuance of such permits, including, but not limited to, rules relating to the submission and processing of applications, approval or denial of applications, an appeals process, and applicable fees; and (ii) pertaining to the management of pedestrian plaza operations during events, including, but not limited to, establishment of paths for pedestrian traffic, establishment of paths and procedures to allow for emergency response access, and procedures related to installations permitted by the department, such as sub-concessions and artwork. Such rules regarding the issuance of plaza activity permits may allow for the evaluation of unique characteristics of the pedestrian plaza in which the proposed event for which the permit is sought and the adjacent neighborhood; the customary or everyday use of such pedestrian plaza; the nature of the neighborhood adjacent to such pedestrian plaza; the economic and community development impacts of such proposed event; the impact of such proposed event on such pedestrian plaza and the adjacent neighborhood, including, but not limited to, any positive or negative impacts on pedestrian and vehicular traffic in the adjacent neighborhood presented by such proposed event and the impact of cumulative demands on such pedestrian plaza and adjacent streets and public spaces.

(L.L. 2016/053, 4/21/2016, eff. 6/20/2016 [part], 8/19/2016 [part]*)

  • Editor’s note: the local law that enacted this section provides in part that “[t]his local law takes effect 60 days after it becomes law, except that subdivision d of section 19-157 … takes effect 120 days after it becomes law … .” See L.L. 2016/053 § 3, 4/21/2016.

§ 19-158 Notice requirement for work on resurfaced streets.

  1. Upon approving an application for a permit to open a street segment or intersection that has been reconstructed or resurfaced within five years prior to the date of such approval, the department shall provide notice, through electronic means, to the affected borough president, the council member(s) of the affected council district(s) and the district manager(s) of the affected community board(s).
  2. Such notice shall include the following information:

   1. The name and contact information of the applicant;

   2. The anticipated start and end dates of the work;

   3. The location, nature and extent of the work to be performed;

   4. The permit type; and

   5. Contact information for a department office where questions may be directed.

§ 19-159 Notification of tree planting when applying for sidewalk construction permits.

The department shall notify applicants for sidewalk construction permits to consult the website of the department of parks and recreation for information on scheduled tree planting.

§ 19-159.1 The verification and repair of ponding conditions on roadways.

  1. Definitions. As used in this section, the following term has the following meaning:

   Ponding condition. The term “ponding condition” means standing water in a depression that is removed only by percolation, evaporation or transpiration that lasts greater than seven days.

  1. Upon receiving a complaint of a ponding condition on a roadway under its jurisdiction, the department shall verify such complaint within 45 days, except where weather conditions or other circumstances do not permit the timely completion of such verification.
  2. Upon verification, the department shall assess the roadway to determine what work may be necessary to repair such ponding condition. Such assessment shall be conducted jointly with the department of environmental protection, where necessary.

   1. If such assessment concludes that such ponding condition can be repaired through resurfacing, such resurfacing shall be prioritized by the department to be performed (i) when department resurfacing operations next take place in the community district where such ponding is located, or (ii) within 18 months from the date of such assessment, whichever is earlier. This paragraph shall not be interpreted in such a way as to impair the department’s discretion to prioritize the most urgent resurfacing needs, impede the department’s expeditious resurfacing operations, or prevent the department from conducting emergency resurfacing.

   2. If such assessment concludes that such ponding condition can only be repaired through work other than resurfacing, such work shall be prioritized by the department or the department of environmental protection.

  1. In instances where a council member or a community board has made a complaint in writing to the department of a ponding condition on a roadway under the department’s jurisdiction, within 10 days of conducting an assessment of such location as required by paragraph 1 of subdivision c of this section, the department shall notify, in writing, such council member or community board in whose district the ponding condition is located of the results of such assessment.

§ 19-159.2 Placement of street name signs.

  1. For purposes of this section, the term “street name sign” means a sign mounted on a street corner that bears the name of a mapped street that is parallel to such sign.
  2. No fewer than two diagonally opposite corners on each street intersection shall have a street name sign for each street installed on such corner, except where the department determines in its engineering judgment that this requirement is not feasible.

§ 19-159.3 Temporary bicycle lanes.

  1. Definitions. As used in this section, the following terms have the following meanings:

   Bicycle lane. The term “bicycle lane” means a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles.

   Temporary bicycle lane. The term “temporary bicycle lane” means a bicycle lane intended to be used for a limited period of time during which construction or other work prevents or otherwise affects use of a bicycle lane on a roadway, street segment or intersection.

  1. Requirements. Any permit issued by the commissioner authorizing work affecting a street segment or intersection that has a bicycle lane shall include a stipulation requiring that the applicant maintain a temporary bicycle lane, and shall specify the particular manner in which the applicant shall maintain the temporary bicycle lane for such street segment or intersection. Notwithstanding the foregoing, in the event the commissioner determines that maintenance of a temporary bicycle lane is not feasible on such street segment or intersection, such determination shall not prohibit issuance of the permit, provided however that the permit shall set forth such other measures the applicant must take to protect public safety, including persons utilizing bicycles on such street segment or intersection.
  2. Notice requirement for work affecting a street segment or intersection that has a bicycle lane. Upon approving an application for a permit authorizing work affecting a street segment or intersection that has a bicycle lane, the department shall provide notice, through electronic means, to the affected borough president, the council member of the affected council district and the district manager of the affected community board. Such notice shall include the following information:

   1. The name and contact information of the applicant;

   2. The anticipated start and end dates of the work;

   3. The location, nature and extent of the work to be performed;

   4. The permit type;

   5. Any permit stipulations related to the maintenance of a temporary bicycle lane; and

   6. Contact information for a department office where questions may be directed.

  1. In the event a permittee violates any stipulation required by subdivision b of this section, the commissioner may revoke or refuse to renew such permit pursuant to subdivision e of section 19-103 or take any other action authorized by law.

Subchapter 2: Parking and Other Uses of Streets

§ 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.

§ 19-162.1 Permissible parking for members of the clergy; houses of worship and hospitals.

  1. 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 iman 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.

  1. 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 a posted sign or rule.
  2. 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 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.
  3. 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.

§ 19-162.2 Permissible parking for emergency ambulance service vehicles operating for volunteer ambulance services.

  1. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. Any misuse of such permit shall be sufficient cause for revocation of said permit.
  7. 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.

§ 19-162.4 Comprehensive plan for city-issued parking permits.

  1. For the purposes of this section, the term “city-issued parking permit” means a permit issued by a city agency that indicates permission to park in certain areas during certain times has been granted.
  2. By November 1, 2020, each city agency making use of city-issued parking permits shall develop a plan regarding the distribution and use of city-issued parking permits by such agency. Such plans shall be submitted to an agency or office as designated by the mayor which shall, by December 1, 2020, review such plans and develop a comprehensive plan, which shall make use of and include each issuing agency’s plan. Such comprehensive plan shall be posted online. Such agency plans shall include, but need not be limited to, the following:

   1. criteria for the distribution and retention of city-issued parking permits;

   2. an assessment of the appropriate number of city-issued parking permits necessary for essential government services; and

   3. proposed steps to curb unnecessary or excessive issuance of city-issued parking permits.

  1. Such agency plans and the comprehensive plan shall be reviewed at least once every five years and may be revised as appropriate. Any such revision of the comprehensive plan shall be submitted to the council and the mayor and posted online within 30 days of the completion of such revision.

§ 19-162.3 City-issued parking permits.

  1. Definition. For purposes of this section, the term “city-issued parking permit” means a permit issued by the department or the department of education, if the commissioner has delegated authority to the department of education pursuant to subdivision b, that indicates permission to park in certain areas during certain times has been granted. The term shall not include a parking permit issued pursuant to sections 19-162.1 or 19-162.2, a parking permit issued to individuals with disabilities, or a single-use parking permit.
  2. Issuance. Notwithstanding any other provision of law, and except as provided in section 14-183, no other city agency shall issue a permit that indicates permission to park in certain areas during certain times has been granted; however, the commissioner may delegate authority to the department of education to issue such permits. In the event of such delegation, city-issued parking permits issued by the department of education shall continue to be subject to the requirements of subdivisions c, d, e, f, h, and i and any applicable rules promulgated by the department pursuant to subdivision g.
  3. Term. A city-issued parking permit shall be valid for no more than one year unless suspended or revoked.
  4. Application.

   1. Each person applying for a city-issued parking permit or renewal thereof on behalf of themselves, their agency or non-profit entity shall file an application in such form and detail as the commissioner may prescribe, which may include inputting the required information into a permit application system.

   2. An application for a city-issued parking permit or renewal thereof shall include, but need not be limited to, the following information:

      (a) if applying on behalf of a city agency, the name of the city agency and the employee’s relationship to such agency if issued to an individual;

      (b) the license plate number of the vehicle or vehicles to be associated with such permit when associated with a specific vehicle or vehicles; and

      (c) a statement articulating the justification for the permit need.

   3. Upon the approval of an application, the department shall issue a city-issued parking permit to the applicant that may only be used with the vehicle or vehicles identified on such application when the permit is to be used with specific vehicles.

   4. City-issued parking permits shall not be transferrable to another person or vehicle if issued to a specific individual or vehicle.

   5. Whenever any information provided on such an application has changed, such agency shall notify the department within 10 days of such change.

  1. Form of permits. A city-issued parking permit may be a physical permit or a programmable feature associated with a license plate number and shall contain the name of the sponsoring city agency, the expiration date of the permit, and a unique identifier or other technology designed to allow the city to detect valid permits. Such permit may contain any additional information or features as required by the department.
  2. Permissible uses.

   1. Parking with a city-issued parking permit shall be permitted in areas specified on or programmed into the permit and may allow for parking in some or all of the following areas:

      (a) at parking meters;

      (b) in truck loading and unloading zones;

      (c) in “no standing/parking” areas except “authorized vehicles” or “authorized vehicle only”, when such permit authorizes such use; and

      (d) in “no parking” areas.

   2. Parking with a city-issued parking permit shall not be permitted in the following areas, in addition to any areas designated by rule or specified on or programmed into the permit:

      (a) “no standing” areas;

      (b) “no stopping” areas;

      (c) fire hydrants;

      (d) bus stops;

      (e) areas where such parking would constitute double parking;

      (f) driveways;

      (g) bridges and highways; and

      (h) carsharing parking spaces.

  1. Rules. The department may promulgate such rules as are necessary to implement the provisions of this section.
  2. Violations. Any violation of subdivision d of this section involving a material false statement or material fact concealed in connection with an application for a city-issued parking permit or renewal thereof shall upon conviction thereof be punishable by a civil penalty of not less than $250 nor more than $1,000. Civil violations issued pursuant to this section shall be adjudicated at the environmental control board or any tribunal established within the office of administrative trials and hearings designated by the commissioner.
  3. Posting information. No later than January 31, 2021, the department and agencies delegated to issue parking permits by the commissioner shall post information online regarding the issuance of city-issued parking permits, including, but not limited to, the number of applications submitted and the number of such permits issued in the previous year, disaggregated by the sponsoring city agency in the case of the department. Such information shall be updated at least annually.

§ 19-162.5 City vehicle obstructing a bicycle lane, bus lane, sidewalk, crosswalk, or fire hydrant.

No vehicle operated on behalf of the city shall obstruct a bicycle lane, bus lane when bus lane restrictions are in effect, sidewalk, crosswalk, or fire hydrant, except as otherwise permitted by law.

§ 19-163 Holiday suspensions of parking rules.

  1. 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, the day before Lunar New Year, Lunar New Year, the Hindu festival of Diwali on the day that Lakshmi Puja is observed, Three Kings’ Day, and all state and national holidays.
  2. 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.
  3. The date of the Lunar New Year shall be the first day of the second lunar month after the winter solstice in the preceding calendar year.

§ 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.

§ 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.

§ 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.

§ 19-165 Parking of motor vehicles at night.

  1. 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.
  2. 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.

§ 19-166 Unlawful use or possession of city-issued parking permits.

  1. For the purposes of this section, the term “city-issued parking permit” means a permit issued by a city agency that indicates permission to park in certain areas during certain times has been granted.
  2. Any person who without permission of the commissioner of transportation or the police commissioner in accordance with section 14-183 of the administrative code:

   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 any city-issued parking permit; 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 city-issued parking permit hereinbefore indicated or mentioned; or

   6. Has in his or her custody or possession any city-issued parking permit or any copy or reproduction thereof; is guilty of an offense punishable by a fine of not less than $500, or imprisonment for not more than thirty days, or both.

§ 19-166.1 Misuse of city-issued parking permits.

  1. For the purposes of this section, the term “city-issued parking permit” means a permit issued by a city agency that indicates permission to park in certain areas during certain times has been granted.
  2. City-issued parking permits shall be revoked in accordance with disciplinary procedures of the police department with regard to permits issued pursuant to section 14-183, and in accordance with procedures established by the department of transportation for all other city-issued parking permits from those individuals found guilty of:

   1. three or more violations of a rule or law relating the misuse of a city-issued parking permit

   2. notwithstanding paragraph 1 of this subdivision b, any violation of section 19-166; or

   3. unpaid parking or traffic violations associated with the license plate or individual permit holder in excess of $350.

§ 19-167 Dimensions and weights of vehicles operated in the city. [Repealed]

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.

§ 19-167.1 Parking at broken or missing meters or muni-meters.

  1. 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.
  2. 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.

§ 19-167.2 Transfer of muni-meter time.

  1. 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.
  2. 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.

§ 19-167.3 Deactivating muni-meters.

  1. 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.
  2. 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.

  1. 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.

§ 19-167.4 New muni-meter installation.

  1. Definitions. As used in this section, the following terms have the following meanings:

   Affected council member(s) and community board(s). The term “affected council member(s) and community board(s)” has the same meaning as in section 19-101.2.

   Blockface. The term “blockface” means that portion of the street along the curb on one side of a street which is between the boundaries of the corner area at either end of the block.

  1. Prior to the installation of new muni-meters covering at least four contiguous blockfaces, the department shall forward notice of such installation to affected council member(s) and community board(s) by electronic mail.
  2. Within ten business days after receipt of such notice: (i) the affected council member(s) may submit recommendations and/or comments regarding such notice to the department; and (ii) the affected community board(s) may either submit recommendations and/or comments regarding such notice, and/or request a presentation regarding such installation, which where practicable shall be made to such community board(s) within 30 days of such request.
  3. Any recommendations and/or comments received by the department pursuant to subdivision c of this section shall be reviewed prior to the installation of such new muni-meters.

§ 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.
  1. 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.
  2. 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.

§ 19-169 Removal of vehicles parked in front of a private driveway.

  1. 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.
  2. 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.
    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.

  1. 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.

§ 19-169.1 Removal of vehicles improperly parked on private property.

  1. 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.
  2. 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.
  3. 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.
  4. A vehicle may not be removed if it is occupied by any person.
  5. 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.
  6. 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.
  7. 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 sectiion 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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 ordinance disposal vehicle of the armed forces of the United States.
  12. 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.
  13. The commissioner of consumer affairs is authorized to promulgate such rules as the commissioner deems necessary to effectuate the provisions of this section.

§ 19-169.2 Booting of improperly parked motor vehicles.

  1. 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.

  1. 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.
    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.

  1. 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, ordinance 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. The commissioner of consumer affairs is authorized to promulgate such rules as the commissioner deems necessary to effectuate the provisions of this section.
  9. 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.

§ 19-170 Limitation on parking of commercial vehicles.

  1. 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.
  2. 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.
    1. Except as otherwise provided in paragraphs 2 and 3 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 1 of subdivision a of section 2903 of the 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 $250. Any such subsequent violation of this section by the same owner, as defined in paragraph a of subdivision 1 of section 239 of the vehicle and traffic law, within a six month period shall be punishable by a monetary fine of $500.

   3. As an alternative to any other means of enforcement of this subdivision authorized by law, a first violation of subdivision b of this section, when the commercial vehicle is a tractor-trailer combination, tractor, truck trailer or semi-trailer, shall be punishable by a civil penalty of $400. Any such subsequent violation of subdivision b of this section by the same owner, as defined in paragraph a of subdivision 1 of section 239 of the vehicle and traffic law, within a six month period shall be punishable by a civil penalty of $800. Such civil penalties shall be recoverable in a proceeding before the office of administrative trials and hearings.

  1. 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.
  2. 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.

§ 19-171 Horse drawn cab stands. [Repealed]

  1. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. The police department and the department of parks and recreation shall enforce the provisions of this section.

§ 19-171.1 Multi-passenger wheeled device and motorized pedicab prohibited.

  1. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
    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.

  1. 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.

§ 19-171.2 Pedicab parking.

  1. 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.
  2. 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.
  3. 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.

§ 19-172 Private streets; names, restrictions of.

  1. It shall be unlawful for any private street or thoroughfare to bear a name similar to a street or thoroughfare officially named.
  2. 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.

§ 19-173 Subway gratings; sweeping into.

  1. 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.
  2. 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.

§ 19-174 Passengers boarding horse drawn cabs.

  1. 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.
    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.

  1. 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.

§ 19-175 Variance for special events.

  1. 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.
  2. 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.
  3. The commissioner may require the payment of an application processing fee in an amount to be established by rule.
  4. 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.
  5. 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.

§ 19-175.1 Publication of parking restrictions.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

§ 19-175.2 Notification of changes in parking restrictions.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

§ 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.

§ 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.

§ 19-175.5 Carsharing parking pilot program.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Carsharing organization. The term “carsharing organization” means an organization that operates a program in which access to a fleet of private vehicles is provided to members of the organization on an hourly or other short-term basis.

   Carsharing vehicle. The term “carsharing vehicle” means a vehicle used by a carsharing member that is owned or leased and registered by a carsharing organization.

   Designated parking space. The term “designated parking space” means a location that the department reserves for the exclusive use of a carsharing vehicle.

   Municipal parking facility. The term “municipal parking facility” means any city-owned parking facility regulated by the department and operated by the city or by a contractor on behalf of the city that is available for public use. The term “municipal parking facility” does not include any parking facility operated by a city agency intended for use exclusively by such agency’s employees or by the public to conduct business with such agency.

  1. The department shall establish a carsharing parking pilot program that allows qualified carsharing organizations, as determined by the department, to apply for designated parking spaces on streets. Carsharing organizations shall provide any information requested by the department relating to their application to participate in such pilot program. Such pilot program shall have a duration of no less than two years, unless the department terminates or suspends the program on an earlier date; provided, however, the department shall notify the speaker of the council of such termination or suspension within seven days of such action and the reasons for such action.
  2. As part of such pilot program, the department shall evaluate the impact of the program on the driving and car ownership habits of drivers who use carsharing vehicles that occupy parking spaces designated in connection with the pilot program. Carsharing organizations shall provide any information requested by the department relating to their operations undertaken in connection with their participation in the program.
  3. No later than October 1, 2018 and each April 1 thereafter, until the completion of such pilot, the department shall submit a report to the speaker of the council regarding the progress of carsharing parking pilot program established pursuant to this section, which shall include, but need not be limited to: (i) the number of carsharing organizations that have applied, and the number of such organizations that have been accepted by the department, to participate in the pilot program; (ii) the number and locations of parking spaces designated for inclusion in the pilot program; (iii) a summary of any findings reached pursuant to subdivision c of this section; and (iv) for the report submitted no later than April 1, 2020, whether the department intends to implement a permanent carsharing parking program.
  4. As part of the carsharing parking pilot program established pursuant to this section, the department shall allow carsharing organizations to apply for designated parking spaces in municipal parking facilities.

§ 19-175.6 On-street bus stops for sight-seeing buses.

  1. The commissioner shall provide written authorization for on-street bus stops for sight-seeing bus companies pursuant to subdivision d of section 20-374 of this code on the basis of the following criteria: (i) traffic, bicycle and pedestrian flow, and public safety; (ii) preferences of the sight-seeing bus permit applicant; (iii) consultation with the local community board for the district encompassing the location to be authorized, including but not limited to a notice and comment period of 45 days prior to the authorization or permanent amendment thereto; (iv) the number of stops proposed and the viability of a proposed bus stop schedule as determined by the commissioner; (v) the availability and location of planned garage or other parking space for periods when buses picking up or discharging passengers at the authorized stops are not in use; and (vi) any other criteria deemed appropriate by the commissioner. The commissioner shall approve or deny such authorizations no later than 180 days from the date of the application.
  2. When authorizing one or more on-street bus stops for sight-seeing buses, the commissioner shall specify the conditions on which such authorization is based. Any violation of such conditions shall be grounds for revocation of such bus stop authorization. The commissioner shall notify the commissioner of consumer affairs of any such revocations as soon as practicable.
  3. As a condition for authorizing one or more on-street bus stops for sightseeing buses, the commissioner may require an owner of a sight-seeing bus company to collect and transmit to the commissioner bus location data in the form and frequency determined by the commissioner, including real time electronic location tracking data. Such data may be used by the commissioner in determining whether on-street bus stop authorizations should be granted, renewed or revoked.
  4. The commissioner shall by rule establish criteria under which sight-seeing bus companies that possess on-street bus stop authorizations prior to the effective date of this section may be issued an authorization to use such bus stops for a period of up to three years from the effective date of this section.

§ 19-175.7 Illegible parking signs.

Notwithstanding any rule or regulation to the contrary, when a notice of violation is issued to an owner of a vehicle for failure to observe a parking sign, it shall be an affirmative defense to such violation, with the burden of proof on the vehicle owner charged with such notice of violation, that both sides of such sign were not legible. If there are other legible parking signs on the same blockface that apply to the parking space and parking violation at issue, such affirmative defense will not be available. The term “blockface” has the same meaning as set forth in section 19-167.4.

Subchapter 3: Pedestrian Rights and Safety

§ 19-176 Bicycle operation on sidewalks prohibited.

  1. For purposes of this section:

   (1) The term “bicycle” shall mean a two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by a child.

   (2) The term “sidewalk” shall mean that portion of the street, whether paved or unpaved, between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. Where it is not clear which section is intended for the use of pedestrians the sidewalk will be deemed to be that portion of the street between the building line and the curb.

   (3) The term “child” shall mean a person less than fourteen years of age.

  1. No person shall ride a bicycle upon any sidewalk unless permitted by an official sign. A person who violates this subdivision may be issued a notice of violation and shall be liable for a civil penalty of not more than one hundred dollars which may be recovered in a proceeding before the environmental control board.
  2. A person who violates subdivision b of this section in a manner that endangers any other person or property shall be guilty of a misdemeanor, punishable by a fine of not more than one hundred dollars or imprisonment for not more than twenty days or both such fine and imprisonment. Such person shall also be liable for a civil penalty of not less than one hundred dollars nor more than three hundred dollars, except where a hearing officer has determined that where there was physical contact between the rider and another person, an additional civil penalty of not less than one hundred dollars nor more than two hundred dollars may be imposed. Such civil penalties may be recovered in a proceeding before the environmental control board. Enforcement agents shall indicate on the summons or notice of violation issued pursuant to this subdivision whether physical contact was made between the rider and another person. Any person who violates any provision of this subdivision more than once within any six month period shall be subject to the imposition of civil penalties in an amount that is double what would otherwise have been imposed for the commission of a first violation. It shall be an affirmative defense that physical contact between a rider and another person was in no way the fault of the rider.
  3. Where a summons or notice of violation is issued for a violation of subdivision c of this section, the bicycle may be seized and impounded.
  4. A bicycle impounded pursuant to this section shall be released to the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set forth in the rules of the police department and proof of payment of any fine or civil penalty for the violation or, if a proceeding for the violation is pending in a court or before the environmental control board, upon the posting of a bond or other form of security acceptable to the police department in an amount which will assure the payment of such costs and any fine or civil penalty which may be imposed for the violation. If the court or the environmental control board finds in favor of the defendant or respondent, the owner shall be entitled forthwith to possession of the bicycle without charge or to the extent that any amount has been previously paid for release of the bicycle, such amount shall be refunded. The police department shall establish by rule the time within which bicycles which are not redeemed may be deemed abandoned and the procedures for disposal.
  5. The owner of a bicycle shall be given the opportunity for a post seizure hearing within five business days before the environmental control board regarding the impoundment. The environmental control board shall render a determination within three business days after the conclusion of the hearing. Where the board finds that there was no basis for the impoundment, the owner shall be entitled forthwith to possession of the bicycle without charge or to the extent that any amount has been previously paid for release of the bicycle, such amount shall be refunded.
  6. Upon the impoundment of a bicycle, the rider shall be given written notice of the procedure for redemption of the bicycle and the procedure for requesting a post seizure hearing. Where the rider of a bicycle is not the owner thereof notice provided to the rider shall be deemed to be notice to the owner. Where the defendant or respondent is less than eighteen years old such notice shall also be mailed to the parent, guardian or where relevant, employer of the respondent, if the name and address of such person is reasonably ascertainable.
  7. In any proceeding under this section it shall be an affirmative defense that the defendant or respondent was less than fourteen years old at the time the violation was committed.
  8. The provisions of this section may be enforced by the police department or designated employees of the department, the department of sanitation, the department of parks and recreation.

§ 19-176.1 Reckless operation of roller skates, in-line skates and skateboards prohibited.

  1. For purposes of this section:

   (1) The term “in-line skate” shall mean a manufactured or assembled device consisting of an upper portion that is intended to be secured to a human foot, with a frame or chassis attached along the length of the bottom of such upper portion, with such frame or chassis holding two or more wheels that are longitudinally aligned and used to skate or glide, by means of human foot and leg power while having such device attached to each such foot or leg.

   (2) The term “reckless operation” shall mean operating roller skates, in-line skates or a skateboard on a public street, highway or sidewalk in such a manner as to endanger the safety or property of another.

   (3) The term “roller skate” shall mean a manufactured or assembled device consisting of a frame or shoe having clamps or straps or both for fastening, with a pair of small wheels near the toe and another pair at the heel mounted or permanently attached thereto, for skating or gliding by means of human foot and leg power.

   (4) The term “sidewalk” shall mean that portion of the street, whether paved or unpaved, between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. Where it is not clear which section is intended for the use of pedestrians the sidewalk will be deemed to be that portion of the street between the building line and the curb.

   (5) The term “skateboard” shall mean a device consisting of a platform usually curved upwards at each end, to which are mounted or permanently attached two swiveling frames, each of which is used to support and guide a pair of small wheels, which device glides or is propelled by means of human foot or leg power.

  1. No person shall engage in the reckless operation of roller skates, in-line skates or a skateboard.
  2. A violation of subdivision b of this section shall be a traffic infraction and shall be punishable in accordance with section 1800 of the vehicle and traffic law. Any person who is found guilty of the reckless operation of roller skates, in-line skates or a skateboard shall be subject to a fine of not less than fifty dollars nor more than one hundred dollars.
  3. The provisions of this section shall be enforced by the department, the police department and the department of parks and recreation.

§ 19-176.2 Motorized scooters.

  1. For purposes of this section, the term “motorized scooter” shall mean any wheeled device that has handlebars that is designed to be stood or sat upon by the operator, is powered by an electric motor or by a gasoline motor that is capable of propelling the device without human power and is not capable of being registered with the New York State Department of Motor Vehicles. For the purposes of this section, the term motorized scooter shall not include wheelchairs or other mobility aids designed for use by disabled persons.
  2. No person shall operate a motorized scooter in the city of New York.
  3. Any person who violates subdivision b of this section shall be liable for a civil penalty in the amount of five hundred dollars. Authorized employees of the police department and department of parks and recreation shall have the authority to enforce the provisions of this section. Such penalties shall be recovered in a civil action or in a proceeding commenced by the service of a notice of violation that shall be returnable before the environmental control board. In addition, such violation shall be a traffic infraction and shall be punishable in accordance with section eighteen hundred of the New York state vehicle and traffic law.
  4. Any motorized scooter that has been used or is being used in violation of the provisions of this section may be impounded and shall not be released until any and all removal charges and storage fees and the applicable fines and civil penalties have been paid or a bond has been posted in an amount satisfactory to the commissioner of the agency that impounded such vehicle.

§ 19-177 Speed Limits; posting of signs; neighborhood slow zones; speed limits near schools.

  1. Subject to the provisions of paragraph twenty-six of subdivision (a) of section sixteen hundred forty-two of the vehicle and traffic law, the official speed limit for a vehicle in the city of new York shall be twenty-five miles per hour except where an official sign indicates that a different speed limit is in effect.
  2. No person shall drive a vehicle on any street in excess of the speed limit in effect for that street.
  3. The commissioner shall post a sign at each exit within the city of New York of each bridge and tunnel having only one terminus in the city of New York that states the official speed limit within the city as provided in subdivision a of this section.
    1.    The commissioner shall establish neighborhood slow zones in which speed limits of twenty miles per hour apply on or along designated highways for the purpose of implementing traffic calming measures. The commissioner shall establish not less than seven neighborhood slow zones, which shall contain not less than five blocks per zone, annually in the years 2014 and 2015. For purposes of this subdivision, “traffic calming measures”shall mean any physical engineering measure or measures that reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non-motorized street users such as pedestrians and bicyclists.

   (2) Upon the establishment of neighborhood slow zones pursuant to paragraph 1 of this subdivision, commencing on or before February 1, 2015, and annually thereafter, the commissioner shall provide to the mayor and speaker of the council, and shall post on the department’s website, a report listing the location of all neighborhood slow zones. This report shall include, but not be limited to, a review of whether such zones have minimized the risk of traffic crashes, critical injuries or death, and a determination of whether the department shall continue to establish seven neighborhood slow zones annually.

    1.    Except as provided in paragraph two of this subdivision, the commissioner shall establish speed limits of not less than fifteen nor more than twenty miles per hour at fifty school locations annually, for a distance not to exceed one thousand three hundred twenty feet, on highways passing any school building, entrance or exit of a school abutting on the highway. For purposes of this subdivision, the term “school”shall have the same meaning as in section 19-189 of this title.

   (2) Should the commissioner determine that such speed limits will be established at fewer than fifty school locations within a year, the commissioner shall inform the mayor and the speaker of the council in writing of such determination and the reason therefore.

   (3) After evaluating every school in the city for the establishment of such speed limits, the commissioner may determine not to establish any further such speed limits and shall inform the mayor and the speaker of the council in writing and shall continue to evaluate the need to establish such speed limits after such notice is given.

  1. Commencing on or before February 1, 2015, and annually thereafter, the commissioner shall provide to the mayor and speaker of the council, and shall post on the department’s website, a list of all locations established pursuant to subdivision e of this section.

§ 19-178 Truck Weight and Length Limitations.

The commissioner shall post a sign at each exit within the city of New York of each bridge and tunnel having only one terminus in the city of New York that states the limits of truck weight and truck length within the city.

§ 19-178.1 Truck route compliance study.

The department shall conduct a study of compliance with the rules of the city of New York by truck drivers related to truck routes. Such study shall also include locations where large numbers of truck drivers routinely operate off designated truck routes, which may include areas identified by council members and community boards. Based on the study, the department shall institute measures designed to increase truck route compliance based on best practices for roadway design and operations, including but not limited to, converting two-way streets to one-way streets, posting of signs regarding the permissible use of certain routes by trucks, as appropriate, and education and outreach to the trucking industry. The department shall post on the department’s website and submit to the speaker of the council such study, including the locations of such measures, no later than January 1, 2017.

§ 19-180 Performance indicators.

  1. For the purposes of this section, the following terms shall be defined as follows:

   1. “Bicycle screen lines” shall mean locations where bicycles are ridden, including but not limited to greenways, roadways and bridge crossings.

   2. “Borough screen lines” shall mean locations where roadways cross between boroughs.

   3. “City screen lines” shall mean locations where roadways enter the city.

   4. “High performance modes” shall mean a form of surface transportation other than automobiles, including buses, ferries, bicycling and walking, that more efficiently uses roadways and waterways to move people.

   5. “Key corridors” shall mean major arterial roadways where changes in street operations, such as lane reapportionments, lane reconfigurations, significant adjustments in traffic and parking regulations and changes in traffic signal timing have been completed, are being implemented or are being studied.

  1. The department shall develop and monitor performance indicators that will assist in assessing and reducing the amount of traffic on transportation infrastructure and promote high performance modes citywide and within each borough. Such indicators shall include:

   1. vehicle volume data at city screen lines, borough screen lines and river crossings.

   2. vehicle volume data and other data where appropriate, including but not limited to vehicle speed, bus speed and ridership, pedestrian, bicycle and crash data, on key corridors.

   3. vehicle speed data to be determined utilizing available global positioning systems data.

   4. bicycle volume data based on bicycle screen lines.

   5. ferry volume data based upon information on ridership from city-operated and private ferry services.

  1. The performance indicators developed pursuant to this section shall be measured and reported citywide and by borough by the department, submitted in a written report to the speaker of the council and the mayor and posted on the department’s official website by November 1st of each following calendar year. Where such report provides information for a key corridor, such report shall provide performance indicators before and after construction or project implementation. Such report shall include information for each indicator from the prior calendar year and shall describe departmental assessments about the projects where appropriate.
  2. [Repealed.]

§ 19-180.1 Safety audits of crash locations involving pedestrians.

  1. Within one hundred and eighty days of receiving access to New York state department of motor vehicles traffic crash data involving pedestrian injuries or fatalities for the previous calendar year, the department shall:

   1. Identify the twenty highest crash locations based upon a ranking of the total number of crashes involving pedestrians killed or seriously injured, occurring over a five-year period and selected proportionally by borough based upon the percentage of total crashes involving pedestrians in such borough; and

   2. Inspect and conduct audits at such locations and, where warranted, make improvements or incorporate improvements into capital projects.

  1. Within thirty days of completing the inspections and audits required under paragraph 2 of subdivision a of this section, the department shall send a report noting such inspection and audit and summarizing its recommendations and steps to be taken, including a schedule to implement such recommendations, to the council member and community board in whose district the crash location is located.
  2. If any crash location appears on the department’s annual list of twenty highest crash locations involving pedestrians more than once in five consecutive years, such location shall be removed from the annual list and replaced by the location with the next highest number of crashes involving pedestrians located within the same borough as the consecutively appearing location; provided that the department shall continue to monitor such crash data and/or make safety improvements at such removed location until such removed location is no longer one of the highest crash locations.
  3. For purposes of this section, “seriously injured” shall mean those injuries categorized as “A” injuries by the New York state department of motor vehicles.

§ 19-181 Safety inspections at locations exhibiting a pattern of crashes involving pedestrians and/or bicyclists.

  1. Within ninety days of receiving access to New York state department of motor vehicles traffic crash data involving pedestrians and/or bicyclists, the department shall inspect every location with four or more serious injuries or fatalities involving pedestrians and/or bicyclists during the prior five-year period.
  2. Within ninety days of notice of a traffic crash involving a fatality, the department shall conduct an inspection of the traffic crash location.
  3. The department shall act upon any inspection recommendations, if warranted.
  4. The department shall make the results of the inspections required under subdivisions a and b or any actions required by subdivision c of this section available upon request to the public.
  5. For purposes of this section, “serious injury” shall mean those injuries categorized as “A” injuries by the New York state department of motor vehicles.

§ 19-182 Comprehensive study of pedestrian fatalities and serious injuries.

  1. Every five years, the department shall conduct a comprehensive study of all traffic crashes involving a pedestrian fatality or serious injury for the most recent five years where traffic crash data is available. In each such study, the department shall analyze the conditions and factors associated with each such traffic crash and identify common factors among the crashes, if any. The department shall use such studies to develop strategies to improve pedestrian safety, which may include modifying citywide traffic operations policy, developing pedestrian safety strategies geared towards specific users, including, but not limited to, installation of audible pedestrian signals and other devices to assist those with sight, hearing and mobility impairments, prioritizing locations and/or types of roadways or intersections for safety improvements and making recommendations for improving safety at such locations.
  2. The first comprehensive traffic study and plans, including a schedule for implementing strategies for improving pedestrian safety generated by such study, shall be submitted to the mayor and speaker of the council and posted on the department’s official website by the thirtieth day of november, two thousand and fifteen. Subsequent studies and plans shall be submitted to the mayor and speaker of the council and posted on the department’s official website every five years thereafter by the thirtieth of november in such years.
    1.    For purposes of this section, the following terms shall have the following meanings:

      (A) “Exclusive pedestrian phase”shall mean a pedestrian control signal that allows pedestrians an exclusive interval at which to completely cross using any of the existing crosswalks within the intersection while traffic is stopped in all directions;

      (B) “Leading pedestrian interval”shall mean a pedestrian control signal that displays a walk indication before a green indication for the parallel direction of traffic; and

      (C) “Motor vehicle”shall have the same meaning as in section one hundred twenty-five of the vehicle and traffic law.

   2. As part of the comprehensive study and plan required pursuant to this section, the department shall study means of enhancing the safety of pedestrians and bicyclists where motor vehicles make left turns. Such study and plan shall consider and make recommendations as to how streets and sidewalks may be designed to minimize the risk of traffic crashes and to minimize the risk of critical injury or death resulting from the making of such turns. Such study and plan shall include, but not be limited to, at or near left turn locations, consideration of removing motor vehicle parking, the installation of leading pedestrian intervals, the designation of lanes exclusively for left turns, and the installation of exclusive pedestrian phases.

    1. For purposes of this subdivision, “arterial streets”shall mean high-capacity streets under the jurisdiction of the department serving as the principal network of through-traffic flow.

   2. As part of the comprehensive study and plan required pursuant to this section, the department shall study arterial streets as defined herein and make recommendations as to how such streets may be designed to minimize the risk of traffic crashes and to minimize the risk of critical injury or death resulting from such crashes.

§ 19-182.1 Comprehensive guidelines for the improvements of roads and sidewalks.

  1. Every four years, the department shall publish a manual of policies and design guidelines for the improvement of roads and sidewalks in the city of New York. The manual shall serve as a comprehensive resource for promoting higher quality street designs and more efficient project implementation. The manual shall cover a variety of topics related to street design, including but not limited to complete street design features, materials, street lighting, street furniture, and landscaping. For purposes of this section, “complete street design features” shall mean roadway design features that accommodate and facilitate convenient access and mobility by all users, including current and projected users, particularly pedestrians, bicyclists and individuals of all ages and abilities, and may include, but need not be limited to: sidewalks, paved shoulders suitable for use by bicyclists, lane striping, bicycle lanes, share the road signage, crosswalks, road diets, pedestrian control signalization, bus pull outs, curb cuts, raised crosswalks, ramps and traffic calming measures.
  2. The manual of policies and design guidelines and any updates thereto shall be disseminated by electronic mail to other mayoral agencies, community boards, the speaker of the council and other city elected officials and posted on the department’s official website by the thirtieth day of november, two thousand fifteen and every four years thereafter.

§ 19-182.2 Street design checklist

  1. As used in this section, the following terms have the following meanings:

   ADA accessibility. The term “ADA accessibility” means compliance with part 36 of title 28 of the code of federal regulations implementing the Americans with disabilities act of 1990.

   Daylighting. The term “daylighting” means street design elements for enhancing visibility of cross traffic and pedestrians for motorists approaching an intersection.

   Major transportation project. The term “major transportation project” has the same meaning as such term is defined in section 19-101.2.

   Narrow vehicle lane. The term “narrow vehicle lane” means a vehicular lane that is not greater than 10 feet wide.

   Pedestrian safety island. The term “pedestrian safety island” means an area located at a crosswalk that serves as pedestrian refuge separating traffic lanes or directions, particularly on wide roadways.

   Protected bicycle lane. The term “protected bicycle lane” means a portion of a street or intersection intended for the preferential or exclusive use of bicycles separated from motorized vehicle traffic by vertical delineation or physical barriers in accordance with department design standards.

   Wide sidewalk. The term “wide sidewalk” means a sidewalk that is at least eight feet wide.

  1. Notwithstanding any inconsistent provision of law or rule, the department shall develop a standard checklist of safety-enhancing street design elements for all major transportation projects. Such checklist shall include but need not be limited to the following elements: (i) ADA accessibility; (ii) protected bicycle lanes; (iii) dedicated mass transit facilities such as bus lanes and bus bulbs; (iv) dedicated vehicle loading and unloading zones; (v) narrow vehicle lanes; (vi) pedestrian safety islands; (vii) signal-protected pedestrian crossings; (viii) signal retiming; (ix) wide sidewalks; and (x) daylighting. The department may amend the standard checklist by rule to promote vehicular, pedestrian, and bicycle safety.
  2. The department shall post the standard checklist required by subdivision b of this section on its website. For each major transportation project to be implemented on or after November 1, 2019, the department shall post on its website, prior to implementation, a checklist for such project and, if any element on such checklist has not been included in the project, an explanation why such element was not applicable or otherwise not included.
  3. If an agency other than the department implements a major transportation project, such agency shall consider, in consultation with the department, if safety-enhancing street design elements, including those on the checklist, should be included in such project.

§ 19-183 Traffic calming devices and traffic flow designations.

  1. For the purposes of this section, the following terms shall have the following meanings:

   1. “School” shall mean any educational facility under the jurisdiction of the New York city department of education and any non-public school that provides educational instructions to students at or below the ninth grade level.

   2. “Senior” shall mean any person sixty-five years or older.

   3. “Traffic calming device” shall mean any device, not governed by the manual on uniform traffic control devices, including, but not limited to, speed humps, curb extensions, traffic diverters, median barriers and raised walkways, installed on a street and intended to slow, reduce or alter motor vehicle traffic to improve safety for pedestrians and bicyclists.

   4. “Traffic flow designation” shall mean the designation of a street as a one-way or two-way street.

  1. The department shall establish guidelines governing the approval and placement of traffic calming devices. Such guidelines shall consider whether such traffic calming devices would be installed adjacent to a school or in a location where a high percentage of seniors use the streets, such as locations adjacent to senior centers and nursing homes, and any other locations as determined by the department. Such guidelines shall list the conditions under which installation of such traffic calming device may be appropriate. Such guidelines shall be distributed to any entity upon request and shall be published on the department’s website.
  2. The department shall establish and maintain on its website guidelines regarding traffic flow designations. Such guidelines shall include the criteria and considerations for assessing proposed changes to traffic flow designations and the process by which changes in traffic flow designations can be requested. The department shall post on its website by August 1, 2020, and every August 1 thereafter, the number of requests for changes in traffic flow designations received by the department during the 12 months ending on the preceding June 30, disaggregated by location and by the category of requesting party, and the status of such requests.

§ 19-184 Interagency roadway safety plan.

  1. The department shall develop an interagency plan to improve roadway safety, which shall be designed to, among other things, reduce the incidents of traffic violations, crashes, injuries and fatalities.
  2. Such plan shall identify key agencies and groups that the department shall meet with at least monthly to work on improving roadway safety and shall include, but not be limited to:

   i. Proposed programs and initiatives to reduce traffic violations and to encourage traffic calming and safety measures;

   ii. Suggestions for behavioral modification to reduce crashes in the city, such as education and strategic traffic enforcement;

   iii. A plan to increase collaboration between the department and the police department on roadway safety; and

   iv. A schedule for implementing the proposals contained in such plan.

  1. The department shall issue such plan to the mayor and council ninety days after the date on which the local law that added this section takes effect. Such report shall include, but not be limited to, the strategies for improving roadway safety, whether any strategies were implemented, and the status of such implementation.
  2. Such plan shall be updated every five years and the first such updated plan shall be presented to the mayor and council no later than May 31, 2016 and on or before the same date every five years thereafter. Such updated plan shall include but not be limited to actions that have been taken to implement the prior plans submitted pursuant to this section, and the reasons that any actions that had been recommended by such prior plans but not implemented were not taken.

§ 19-185 Traffic study determinations.

The department shall include with any determination denying a request by a community board or council member for a traffic control device regulated by the manual on uniform traffic control devices, a summary of the traffic control device warrants, along with the date and time that the department performed its traffic analysis and the time period of any crash data considered by the department for such warrants. Such denial shall also include the following language: “A summary of the studies and reports that led to this determination will be provided upon request.” Upon such request by the community board or council member after receiving the denial the department shall provide a summary of the traffic studies and/or reports performed by the department.

§ 19-186 Compilation of bicycle crash data.

  1. The department shall compile the total number of bicycle crashes that are reported to city agencies. Such bicycle crash compilation shall include crashes between bicycles, between bicycles and motorized vehicles and between bicycles and pedestrians. The department shall commence compiling such data on October 1, 2011.
  2. On June 1, 2012 and annually thereafter, the department shall provide a report to the council for the preceding calendar year, with such report posted on the department’s website, of the total number of reported crashes as required by subdivision a of this section, disaggregated by those involving solely bicycles, between bicycles and motorized vehicles, and between bicycles and pedestrians. Such report shall also include the number of injuries and fatalities resulting from such crashes disaggregated as above. Such report shall also be disaggregated by borough and by police precinct.

§ 19-187 Community board hearings on the construction or removal of bicycle lanes.

  1. Definitions. For the purposes of this section, the following terms shall be defined as follows:

   1. “Affected council member(s) and community board(s)” shall mean the council member(s) and community board(s) in whose districts a proposed bicycle lane is to be constructed or removed, in whole or in part.

   2. “Bicycle lane” shall mean a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles.

    1. Except as provided below, at least ninety days before the construction or the removal of a bicycle lane is to begin, the department shall notify each affected council member and community board via electronic mail of the proposed plans for the bicycle lane within the affected community district and shall offer to make a presentation at a public hearing held by such affected community board.

   2. If the affected community board accepts the offer made pursuant to paragraph one of this subdivision and holds such hearing within forty-five days of the department sending the notice required under paragraph one of this subdivision, the department shall make a presentation of the proposed plans at such public hearing to receive input on such plans and shall not construct or remove such bicycle lane until forty-five days after such public hearing.

   3. When notice is given under paragraph one of this subdivision between June 20 and August 6, the period for a public hearing under paragraph two of this subdivision shall conclude on September 20; provided that the department may construct or remove such bicycle lane at the conclusion of the ninety day notice period provided in paragraph one of this subdivision or ten days following such hearing, whichever is later.

  1. The department shall consider comments from such public hearings and may incorporate changes, where appropriate, into its bicycle lane plan or cancel plans for construction or removal of such bicycle lane where it determines such bicycle lane would be inappropriate.
  2. Section 19-101.2 of this title shall not apply to any bicycle lane that falls under the provisions of this section, except that subdivision j of section 19-101.2 shall apply where construction or removal of such bicycle lane would otherwise be defined as a major transportation project under paragraph 2 of subdivision a of section 19-101.2 of this title.

§ 19-188 Accessible pedestrian signals program.

  1. The department shall establish an accessible pedestrian signals program. As part of this program, the department shall identify intersections where accessible pedestrian signals may be installed based on guidelines, including, but not limited to, those set forth in the most recent version of the manual on uniform traffic control devices. The department, after consultation with the mayor’s office for people with disabilities and with advocates for and members of the visually impaired community, shall identify intersections which reflect the greatest crossing difficulty for persons with visual impairments. The department shall annually install, based on such guidelines, an accessible pedestrian signal at seventy-five intersections identified by the department following such consultation.
  2.    On or before November 30, 2012, and on or before every November 30 thereafter, the department shall post on its website a report analyzing the status of the accessible pedestrian signals program which shall include, but not be limited to, a detailed assessment of the program including cost, funding sources for such program including, but not limited to city, state and federal funding, recommendations for improvements to such program, availability of new technology that may be employed by the department for use in such program and any additional intersections in the city that may warrant inclusion in such program. In addition, such report shall list the fifty top ranked intersections for new accessible pedestrian signals, as evaluated by the department after consultation with the mayor’s office for people with disabilities and with advocates for and members of the visually impaired community, based on the criteria set forth in subdivision a of this section.
  3. The department shall post on its website the locations of all such accessible pedestrian signals, disaggregated by community district and council district.

§ 19-188.1 Pedestrian countdown displays.

  1. Definitions. As used in this section, the following terms have the following meanings:

   Pedestrian countdown display. The term “pedestrian countdown display” means any automated digital reading used in a crosswalk that displays, at the beginning of the flashing upraised hand signal, the number of seconds remaining until the termination of such signal.

   Traffic-control signal photo violation-monitoring system. The term “traffic-control signal photo violation-monitoring system” means 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.

  1. The department shall install a pedestrian countdown display at any location where a traffic-control signal photo violation-monitoring system is installed unless (i) the department determines that such installation would endanger the safety of any street user, (ii) the department determines that such installation would be inconsistent with the department’s guidelines regarding the installation of pedestrian countdown displays, or (iii) such installation would otherwise be impracticable.

§ 19-189 Installation of speed humps on roadways adjacent to schools.

  1. Definitions. For the purposes of this section, the following terms shall be defined as follows:

   1. “School” shall mean any buildings, grounds, facilities, property, or portion thereof in which educational instruction is provided to at least 250 students at or below the twelfth grade level.

   2. “Speed hump” shall mean any raised area in the roadway pavement surface extending transversely across the travel way that is composed of asphalt or another paving material and is installed and designed for the purpose of slowing vehicular traffic.

  1. Notwithstanding the provisions of sections 19-183 and 19-185 of this chapter, the commissioner shall annually install one or more speed humps on not fewer than fifty block segments that are adjacent to a school.
  2. After evaluating every school in the city for the installation of speed humps pursuant to subdivision b of this section, the commissioner may determine not to install any further speed humps and shall inform the speaker of the council in writing of such determination and the reasons therefor; provided, however, that the commissioner shall evaluate the need to install one or more speed humps on roadways adjacent to any school created after such determination.
  3. The commissioner may decline to install any speed hump that is otherwise required by this section if such installation would, in the commissioner’s judgment, endanger the safety of motorists or pedestrians or not be consistent with the department’s guidelines regarding the installation of speed humps.

§ 19-189.1 Installation of bollards.

  1. Definition. As used in this section, the term “bollard” means any raised concrete and/or metal post that is designed to slow or stop motor vehicles.
  2. By July 30, 2019, and every year thereafter, the commissioner shall submit to the council an annual report on the installation of bollards in the city. Such report shall include:

   1. The total number of locations under the jurisdiction of the department where bollards have been installed by the department and the total number of such bollards installed in the 12-month period ending on June 30 of such year; and

   2. The total number of authorizations for bollard installation by third parties at locations under the jurisdiction of the department issued during the 12-month period ending on June 30 of such year.

§ 19-190 Right of way.

  1. Except as provided in subdivision b of this section, any driver of a motor vehicle who fails to yield to a pedestrian or person riding a bicycle when such pedestrian or person has the right of way shall be guilty of a traffic infraction, which shall be punishable by a fine of not more than fifty dollars or imprisonment for not more than fifteen days or both such fine and imprisonment. In addition to or as an alternative to such penalty, such driver shall be subject to a civil penalty of not more than one hundred dollars which may be recovered in a proceeding before the environmental control board. For purposes of this section, “motor vehicle” shall have the same meaning as in section one hundred twenty-five of the vehicle and traffic law.
  2. Except as provided in subdivision c of this section, any driver of a motor vehicle who violates subdivision a of this section and whose motor vehicle causes contact with a pedestrian or person riding a bicycle and thereby causes physical injury, shall be guilty of a misdemeanor, which shall be punishable by a fine of not more than two hundred fifty dollars, or imprisonment for not more than thirty days or both such fine and imprisonment. In addition to or as an alternative to such penalty, such driver shall also be subject to a civil penalty of not more than two hundred fifty dollars which may be recovered in a proceeding before the environmental control board. For purposes of this section, “physical injury” shall have the same meaning as in section 10.00 of the penal law.
  3. It shall not be a violation of this section if the failure to yield and/or physical injury was not caused by the driver’s failure to exercise due care.
  4. This section shall not apply to persons, teams, motor vehicles, and other equipment working on behalf of the city of New York, the state of New York or the federal government while actively engaged in work requiring the presence of a motor vehicle in a location that interferes with the right of way of a pedestrian or person riding a bicycle. Such persons, teams, motor vehicles, and other equipment shall proceed at all times during all phases of such work exercising due regard for the safety of all persons and consistent with all applicable laws, rules, and regulations. Nothing in this section shall relieve such persons or teams or such operators of motor vehicles or other equipment from the consequences of failure to exercise due care or the consequences of their reckless disregard for the safety of others.

§ 19-191 Civil penalties for leaving the scene of an incident without reporting.

  1. Except as provided in the vehicle and traffic law, in addition to or as an alternative to any penalties assessed thereunder, any driver who, knowing or having cause to know that damage has been caused to the real property or the personal property of another due to an incident involving the driver’s motor vehicle, leaves the scene of an incident without complying with all of the provisions of paragraph a of subdivision one of section six hundred of the vehicle and traffic law, shall be liable for a civil penalty, recoverable at the environmental control board, of not less than five hundred dollars nor more than one thousand dollars for the first violation and not less than one thousand dollars nor more than two thousand dollars for a second or subsequent violation.
  2. Except as provided in the vehicle and traffic law, in addition to or as an alternative to any penalties assessed thereunder, any driver who, knowing or having cause to know that physical injury has been caused to another person due to an incident involving the driver’s motor vehicle, leaves the scene of an incident without complying with all of the provisions of paragraph a of subdivision two of section six hundred of the vehicle and traffic law, shall be liable for a civil penalty, recoverable at the environmental control board, of not less than one thousand dollars nor more than two thousand dollars for the first violation and not less than two thousand dollars nor more than five thousand dollars for a second or subsequent violation, except where such injury is a serious physical injury, such driver shall be liable for a civil penalty, recoverable at the environmental control board, of not less than two thousand dollars nor more than ten thousand dollars for the first violation and not less than ten thousand dollars nor more than fifteen thousand dollars for a second or subsequent violation, and where such injury results in death, such driver shall be liable for a civil penalty, recoverable at the environmental control board, of not less than ten thousand dollars nor more than fifteen thousand dollars for the first violation and not less than fifteen thousand dollars nor more than twenty thousand dollars for a second or subsequent violation.
  3. For purposes of this section, “physical injury” and “serious physical injury” shall have the same meaning as in section 10.00 of the penal law.

§ 19-192 Study of safety on truck routes.

  1. The department shall conduct a study regarding the safety of pedestrians and bicyclists on truck routes, which shall mean any street or streets designated by rule by the department as a truck route. Such study shall include, but not be limited to: i) a review of the impact of tolling policies on the use of truck routes within the city and the designation of certain streets as truck routes, if appropriate; ii) the number of crashes involving pedestrians and bicyclists on truck routes in the most recent five years, disaggregated by truck route, crash types, causes, vehicle types, and whether such crashes involved a fatality or serious injury; iii) a review of the policies and strategies utilized by the department to increase pedestrian and bicyclist safety on truck routes, including but not limited to street redesign and the status of any pending policies and strategies; and iv) recommendations for (1) improving safety on truck routes, including best practices for roadway design, operations, and sustainable delivery practices to reduce conflicts between pedestrians, bicyclists, and trucks on truck routes, (2) outreach to the trucking industry, and (3) implementing safety technology.
  2. No later than June 30, 2016, the study required under subdivision a of this section shall be submitted to the mayor and speaker of the council and posted on the department’s official website.

§ 19-193 Bike share usage data.

  1. Definitions. For the purposes of this section “bike share” means the provision of public bicycles for shared use within the city of New York under a contract with an operator that permits payment for the use of such bicycles.
  2. The department shall compile usage data on bike share trips, including the duration, the start date and time, the end date and time, the start station, the end station, the bike number, and the membership type, but shall not include personally-identifiable information.
  3. Beginning on January 1, 2016, and quarterly thereafter, the department shall post the bike share usage data required by subdivision b of this section on its website in a commonly available non-proprietary format or spreadsheet format that is suitable for analysis. On each date such information is posted, the department shall also provide the council with a report on such bike share usage data disaggregated by month, quarter, and year as such data is available and disaggregated by council district and community district, as applicable.

§ 19-194 Bike share financial data reporting.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Bike share operator. The term “bike share operator” means the company operating the city of New York’s bike share program under a contract entered into through the department.

   Bike share program. The term “bike share program” means the providing of public bicycles for shared use within the city of New York under a contract with an operator that permits payment for the use of such bicycles.

  1. The department shall require financial data be provided under the contract agreement between the city of New York and the bike share operator regarding the bike share program. This data shall include, but not be limited to, revenues generated by the bike share program, whether the program had a deficit or a profit and the amount of such deficit or profit, and the amount of revenue that was allocated to the department and separately to the bike share operator.
  2.    On or before January 1, 2016, and annually thereafter, the department shall provide a report to the council and post on its website the information compiled pursuant to subdivision b of this section for the prior calendar year.

§ 19-195 Pedestrian control signals.

Whenever pedestrian control signals are in operation, exhibiting symbols of a walking person, upraised hand, or upraised hand with a pedestrian countdown display, or any other internationally recognized representation concerning the movement of pedestrians, such signals shall indicate as follows:

  1. Steady walking person. Pedestrians facing such signal may proceed across the roadway in the direction of such signal, and other traffic shall yield the right of way to such pedestrians.
  2. Flashing upraised hand or flashing upraised hand with pedestrian countdown display. Pedestrians facing such signal are advised that there may be insufficient time to cross the roadway. Pedestrians already in the roadway shall proceed to the nearest sidewalk or safety island in the direction of such signal. Other traffic shall yield the right of way to pedestrians proceeding across the roadway within the crosswalk towards such signal for as long as such signal remains flashing.
  3. Steady upraised hand. No pedestrians shall start to cross the roadway in the direction of such signal; provided, however that any pedestrians who have partially completed their crossing on a steady walking person signal or any flashing upraised hand signal shall proceed to the nearest sidewalk or safety island in the direction of such signal while such steady upraised hand signal is showing.

§ 19-195.1 Bicyclist rights and duties at an intersection.

  1. Definitions. For purposes of this section, the following terms have the following meanings:

   Crosswalk. The term “crosswalk” means that part of a roadway, whether marked or unmarked, which is included within the extension of the sidewalk lines between opposite sides of the roadway at an intersection.

   Intersection. The term “intersection” means the same as such term is defined in section 120 of the vehicle and traffic law or successor provision.

   Pedestrian. The term “pedestrian” means the same as such term is defined in section 130 of the vehicle and traffic law or successor provision.

  1. A person operating a bicycle while crossing an intersection shall follow pedestrian control signals except where otherwise indicated by traffic control devices, and provided that such person shall yield to pedestrians in the crosswalk.
  2. The commissioner may promulgate such rules and regulations necessary to effectuate this section.

§ 19-196 All-terrain vehicles, including dirt bikes.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   All-terrain vehicle. The term “all-terrain vehicle” has the same meaning as set forth in subdivision 1 of section 2281 of the vehicle and traffic law, which includes dirt bikes, or any successor provision.

   Operate. The term “operate” means to ride in or on, other than as a passenger, or use or control the operation of an all-terrain vehicle in any manner.

   Person. The term “person” means an individual and does not include officers or employees of any governmental agency acting in an official capacity, or private individuals or entities acting pursuant to agreements with governmental agencies.

  1. No person shall operate an all-terrain vehicle in the city of New York, except that, in the case of property other than a street or a park, an all-terrain vehicle may be operated only with the consent, written or conspicuously posted consistent with applicable law, of the owner or lessee, or operated by an individual owner or lessee.
  2. The violation of subdivision b of this section constitutes a violation punishable by a fine not to exceed 500 dollars for the first offense and not to exceed 1,000 dollars for any subsequent offense.
  3. A person who violates subdivision b of this section shall be liable for a civil penalty of 500 dollars. A person committing a second or subsequent violation of subdivision b of this section shall be liable for a civil penalty of 1,000 dollars. Civil penalties pursuant to this subdivision are recoverable in a proceeding before the office of administrative trials and hearings pursuant to chapter 45-A of the charter, or in a civil action or proceeding brought in the name of the city.
  4. Any act prohibited by this section additionally constitutes a traffic infraction punishable by a fine not to exceed 500 dollars for the first conviction, and not to exceed 1,000 dollars for any subsequent conviction.

§ 19-197 Pedestrian countdown displays near schools and parks.*

  1. Definitions. As used in this section, the following terms have the following meanings:

   Park. The term “park” means any park under the jurisdiction of the department of parks and recreation that is equal to or greater than one acre, and includes a playground or active recreational or athletic amenity.

   Pedestrian countdown display. The term “pedestrian countdown display” means any automated digital reading used in a crosswalk that displays, at the beginning of the flashing upraised hand signal, the number of seconds remaining until the termination of such signal.

   School. The term “school” means any buildings, grounds, facilities, property, or portion thereof in which educational instruction is provided on a full-time basis to at least 250 students at or below the twelfth grade level.

   Traffic control signal. The term “traffic control signal” has the same meaning as in section 154 of the vehicle and traffic law or any successor provision.

  1. No later than three years after the effective date of the local law that added this section, the department shall survey all intersections with traffic control signals that are adjacent to a school or park and do not currently have pedestrian countdown displays for the purpose of determining whether pedestrian countdown displays should be installed at such intersections.
  2. The department shall install pedestrian countdown displays at each intersection that the department deems necessary within two years of the completion of the survey required by subdivision b of this section. The department shall inform the speaker of the council in writing upon completion of all such installations.
  3. Notwithstanding the foregoing, the department may determine that the installation of a pedestrian countdown display in any one or more intersection is not appropriate because such installation would endanger the safety of motorists or pedestrians, divert resources from installations at other locations that the department has identified as safety priorities, or be inconsistent with the department’s guidelines regarding the installation of pedestrian countdown displays.
  4. Upon completion of the survey required by subdivision b, the department shall submit to the speaker of the council a report on the results of such survey, including, but not limited to, a list of the intersections where the department has determined that it is not appropriate to install a pedestrian countdown display and the reasons therefor; provided, however, that the department shall annually assess the need to install pedestrian countdown displays adjacent to any new schools or parks created after such survey.

Editor’s note: Section 2 of L.L. 2017/130 provides: “This local law takes effect immediately and is deemed repealed after completion of the installations required by subdivision c of section 19-197 of the administrative code of the city of New York, as added by section 1 of this local law.”

§ 19-197 Department report on distracted pedestrians.*

The department shall study and produce a report regarding its current and planned efforts to educate pedestrians and drivers of:

  1. the dangers inherent in acting as a pedestrian while distracted by texting, or other uses of a mobile device; and
  2. the necessity of operators of motor vehicles to exercise care in watching for pedestrians who are distracted by texting, or other uses of a mobile device, regardless of whether a pedestrian is utilizing a defined street crossing.

Such study and report shall detail the department’s communications, on a citywide basis, that educate pedestrians about the dangers of using a mobile device while traversing an intersection, and the dangers of using a mobile device while being near or in a street and shall provide an analysis of the effectiveness of such communications. The report shall further provide recommendations relative to preventing future motor vehicle crashes involving pedestrians who are utilizing a mobile device. The department shall submit its report to the governor, the temporary president of the senate, the speaker of the assembly, the mayor and the speaker of the city council.

§ 19-198 Reporting on motor vehicle related injuries and fatalities.

  1. For purposes of this section, the following terms have the following meanings:

   Fatality. The term “fatality” means a personal injury categorized as a “K” fatality by the New York state department of motor vehicles.

   Injury. The term “injury” means a personal injury categorized as an “A”, “B” or “C” injury by the New York state department of motor vehicles.

  1. The commissioner shall publish on the department’s website a map showing the approximate locations of motor vehicle related injuries and fatalities in the city. Such map shall allow users to disaggregate crashes that resulted in an injury or fatality by year, month and time of day of occurrence if known. Times of day shall be aggregated into eight three-hour windows, commencing with a window from midnight to 3:00 a.m. and concluding with a window from 9:00 p.m. to midnight. Such map shall display the speed limit of each street in the city.
  2. The commissioner shall publish on the department’s website summaries of recent design improvements that the department has made to the streets of the city for the purpose of enhancing motorist, passenger, cyclist or pedestrian safety.
  3. The commissioner shall update all information published pursuant to this section not less than once a month.

§ 19-199 School safety implementation report.

  1. Definitions. As used in this section, the following terms have the following meanings:

   School. The term “school” means any buildings, grounds, facilities, property or portion thereof in which educational instruction is provided on a full-time basis to at least 250 students at or below the twelfth grade level.

   Traffic-calming treatment. The term “traffic-calming treatment” means any treatment, including, but not limited to, street redesigns, speed humps, and raised crosswalks, installed on a street and intended to slow, reduce or alter motor vehicle traffic to enhance safety for pedestrians and bicyclists.

   Traffic control signal. The term “traffic control signal” means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

  1. By March 30, 2018 and every two years thereafter until March 30, 2024 the department shall develop strategies for enhancing safety within a half mile radius of a minimum of 50 schools and, where practicable, more than 50 schools, including traffic calming treatments and traffic control signals, and post on its website and submit to the speaker of the council and the mayor, a report describing such strategies, including information on whether any such strategies were implemented, and the status of such implementation, as applicable.
  2. The strategies referenced in subdivision b of this section shall be selected by the department and prioritized according to criteria which may include but are not limited to those locations within each borough that have the highest density of pedestrian fatalities and severe injuries, as referenced in plans developed by the department in 2015 regarding pedestrian safety.

Editor’s note: Section 2 of L.L. 2017/241 provides: “This local law takes effect immediately, and is deemed repealed after the posting and submission of the report due March 30, 2024, required by subdivision b of section 19-199 of the administrative code of the city of New York, as added by section one of this local law”

§ 19-199.1 Master plan.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Accessible pedestrian signal. The term “accessible pedestrian signal” means a device that communicates information about pedestrian signal timing in a nonvisual format.

   Bicycle network. The term “bicycle network” means a contiguous network of protected bicycle lanes, designated bicycle paths on bridges, off-street bicycle paths or trails, and shared streets. A bicycle network shall be connected by intersections with mixing zones, fully split phases, delayed turns, offset crossing designs, or similar street treatments designed to improve safety and reduce conflicts for all street users at intersections.

   Bicycle network connectivity index. The term “bicycle network connectivity index” means a figure measuring the extent and completeness of the bicycle network, based on the number of choices a cyclist has for turning from one bicycle route onto another, without leaving the overall network.

   Bicycle lane network coverage index. The term “bicycle lane network coverage index” means a numeric figure representing the percentage of residents of the city who reside within one mile of the bicycle lane network.

   Bus stop upgrades. The term “bus stop upgrades” means the addition to a bus stop of a bus shelter or bench and sign equipped with a system that conveys arrival times or other passenger information in real time.

   Pedestrian space. The term “pedestrian space” means an area for pedestrian circulation, use, or enjoyment including, but not limited to, pedestrian plazas, curb extensions, sidewalks, safety islands, shared streets, and triangles, and which may contain amenities such as tables, seating, trees, plants, lighting, bike racks, or public art.

   Protected bicycle lane. The term “protected bicycle lane” means a portion of a street or intersection that is designated for the exclusive use of bicycles and that is separated from motorized vehicle traffic by physical barriers, or is an off-road or raised pathway.

   Protected bus lane. The term “protected bus lane” means a bus lane that is protected by physical barriers or is monitored by stationary or mobile bus lane photo devices that automatically produce an image of any vehicle that violates a bus lane restriction at the time of such violation.

   Shared street. The term “shared street” means a street designated by the department as such with recommended speed limits of five miles per hour and that allows use by motor vehicles, pedestrians, and individuals using bicycles.

   Transit signal priority. The term “transit signal priority” means technology capable of facilitating bus movements through intersections controlled by traffic signals.

  1. Master plan.

   1. The department shall issue and implement a master plan for the use of streets, sidewalks, and pedestrian spaces every five years. In developing each such plan, the department shall prioritize and promote: (i) the safety of all street users; (ii) on-street priority for mass transit vehicles; (iii) the reduction of vehicle emissions; and (iv) access for individuals with disabilities.

   2. By December 1, 2021 and by December 1 of every fifth year thereafter, the department shall issue such plan for the five-year period beginning January 1 of the following year.

  1. Benchmarks.

   1. Each master plan issued pursuant to subdivision b of this section shall include proposals for street redesigns, protected bus lanes, protected bicycle lanes, bicycle parking, pedestrian spaces, commercial loading zones, truck routes, and parking, including the identification of specific routes, locations, or areas of the city for such proposals. In addition, each such master plan shall include benchmarks regarding such proposals that shall be achieved no later than December 31 of the final year of such plan.

   2. The master plan due by December 1, 2021, shall include, at a minimum, the following benchmarks:

      (i) install at least 150 miles of protected bus lanes, in coordination with the metropolitan transportation authority, with such lanes located along a median where feasible, with at least 20 miles of such lanes installed during the first year of such plan and at least 30 miles installed during each subsequent year of such plan;

      (ii) implement transit signal priority in at least 750 intersections along bus routes during the first year of such plan and at least 1,000 intersections during each subsequent year of such plan or until transit signal priority is implemented in every intersection where such installation is feasible along every bus route where buses capable of utilizing transit signal priority are operated;

      (iii) install at least 250 miles of protected bicycle lanes, with at least 30 miles of such lanes installed during the first year of such plan and at least 50 miles installed during each subsequent year of such plan;

      (iv) implement bus stop upgrades at no fewer than 500 bus stops serving buses operated by the metropolitan transportation authority during each such year of such plan;

      (v) redesign at least 2,000 intersections with a pedestrian signal pursuant to the checklist required by section 19-182.2, with at least 400 such intersections redesigned during each year of such plan;

      (vi) install accessible pedestrian signals at no fewer than 2,500 intersections, with installation of such signals at no fewer than 500 intersections during each year of such plan;

      (vii) assess and amend commercial loading zones, truck routes, and related areas to support freight movement and curb access citywide;

      (viii) develop parking policies to prioritize and promote: (1) safety of all street users; (2) on-street priority of mass transit vehicles; (3) reduction of vehicle emissions; and (4) access to streets, sidewalks, public spaces, and mass transit for individuals with disabilities; and

      (ix) no later than December 31, 2023, create and maintain no less than 1,000,000 square feet of pedestrian space.

   3. The master plan due no later than December 1, 2026, shall include the following benchmarks:

      (i) complete a connected bicycle network and ensure a bicycle lane network coverage index of 100 percent;

      (ii) install protected bus lanes on all bus routes where such improvements can be installed;

      (iii) install accessible pedestrian signals at no fewer than 2,500 intersections, with installation of such signals at no fewer than 500 intersections during each year of such plan;

      (iv) implement bus stop upgrades at all bus stops serving buses operated by the metropolitan transportation authority where such upgrades are feasible; and

      (v) redesign at least 2,000 intersections with a pedestrian signal pursuant to the checklist required by section 19-182.2, with at least 400 such intersections redesigned during each year of such plan; and

      (vi) install or upgrade pedestrian ramps at no fewer than 3,000 intersection corners.

  1. Reporting.

   1. By December 1, 2021 and by December 1 of every fifth year thereafter, the department shall submit such plan to the mayor and the speaker of the council, and post such plan on the department’s website.

   2. By February 1, 2023 and by each February 1 thereafter, the department shall submit to the mayor and the speaker of the council and post on the department’s website an update regarding any changes to the plan from the previous year, the bicycle lane network coverage index, and the status of the implementation of each benchmark identified in such plan, including but not limited to those benchmarks listed in subdivision c. Such information shall include a data set containing data on geographic feature boundaries, as represented by points, lines, or polygons. In addition, each report due beginning February 1, 2028 shall include the bicycle connectivity index for the previous year.

  1. Public education campaign. The department shall conduct a public education campaign regarding the benefits of each master plan, including, but not limited to, the impacts on safety, the environment, accessibility, mobility, and the city’s economy.

Chapter 2: Parking Violations Bureau

§ 19-200 Definitions.

Whenever used in this chapter, the following terms shall have the following meanings:

  1. “Commissioner” means the commissioner of finance.
  2. “Department” means the department of finance.

§ 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.

§ 19-202 Personnel of the bureau.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

§ 19-203 Functions, powers and duties of the parking violations bureau.

The parking violations bureau shall have the following functions, powers and duties:

  1. To accept pleas to, and to hear and determine, charges of parking violations;
  2. 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;
  3. 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;
  4. 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;
  5. To enter judgments and enforce them, without court proceedings, in the same manner as the enforcement of money judgments in civil actions;
  6. To compile and maintain complete and accurate records relating to all charges and dispositions;
  7. 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;
  8. 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.

§ 19-204 Notice of violation.

  1. 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.
  2. 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.
  3. 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.

§ 19-205 Liability.

    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.
  1. 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.
  2. 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.

§ 19-206 Hearings.

  1. 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.
  2. 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.

§ 19-207 Judgments.

  1. 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.
  2. 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.

§ 19-208 Appeals within the bureau.

  1. There shall be an appeals board within the bureau which shall consist of three or more senior hearing examiners, as the director shall determine.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

§ 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.

§ 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.

    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.

  1. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
    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.

  1. 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 been 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.
  1. 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.
  2. An appeal of an adjudication of liability pursuant to this section may be taken in accordance with the provisions of section 19-208.
    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 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.

  1. 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.
  2. 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.
  3. 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.

  1. 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.
  • Editor’s note: Pursuant to 2019 N.Y Laws Ch. 58, Part TT, § 6, 4/12/2019, this section expires on December 1, 2024.

§ 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:

  1. 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.
  2. 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.

§ 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.

§ 19-213 Grace period.

  1. 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.
  2. 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.

§ 19-214 Failure to display a muni-meter receipt.

  1. 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.
  2. 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.

§ 19-215 Cancellation of certain tickets.

  1. 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.

  1. 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.
  2. 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.

Chapter 3: Ferries

§ 19-301 Ferry property; acquisition.

The commissioner may acquire by purchase, condemnation or otherwise as provided in section 22-105 of the code, the title to such wharf property and uplands within the city, as he or she shall deem necessary for the equipment, maintenance or operation of a ferry, the terminal facilities therefor and the approaches thereto, whether or not such wharf property or uplands have previously been taken for a public use.

§ 19-302 Ferry property; provisions in leases.

Leases of any ferry or any wharf property necessary for the use of a ferry may provide for the character of transportation service to be furnished by the lessee including the character and speed of the boats to be used, frequency of trips, rates of fare and commutation and freight charges, and may provide for forfeiture of the lease in the event of failure to comply with its provisions in relation thereto.

§ 19-303 Ferry fares to be paid over daily.

The commissioner shall pay over daily to the commissioner of finance all moneys collected for ferry fares.

§ 19-304 Ferry rates to Staten Island limited.

  1. There shall be no rate of ferriage charged for foot passengers by any city owned and operated ferry operating between the borough of Manhattan and the borough of Staten Island.
  2. The rate of ferriage to be charged for vehicles owned and operated by persons who are elderly or have a disability on any city owned and operated ferry operating between the borough of Manhattan and the borough of Staten Island shall be one-half of the rate applicable to vehicles operated by other persons.

§ 19-305 Staten Island Ferry service.

  1. Any city owned and operated ferry operating between the Whitehall terminal in the borough of Manhattan and the St. George terminal in the borough of Staten Island shall operate, at a minimum, according to the following schedule:

   (i) On monday through friday, except on legal holidays, a ferry shall depart from the Whitehall terminal in the borough of Manhattan every twenty minutes between 6:30 a.m. and 8:30 a.m.; every fifteen minutes between 8:30 a.m. and 9:30 a.m.; every thirty minutes between 9:30 a.m. and 4:00 p.m.; every twenty minutes between 4:00 p.m. and 5:00 p.m.; every fifteen minutes between 5:00 p.m. and 7:00 p.m.; every twenty minutes between 7:00 p.m. and 8:00 p.m.; every thirty minutes between 8:00 p.m. and 1:30 a.m.; and every hour between 2:00 a.m. and 6:00 a.m.

   (ii) On monday through friday, except on legal holidays, a ferry shall depart from the St. George terminal in the borough of Staten Island at 5:30 a.m.; every twenty minutes between 6:00 a.m. and 7:00 a.m.; every fifteen minutes between 7:00 a.m. and 9:00 a.m.; every thirty minutes between 9:00 a.m. and 3:30 p.m.; every twenty minutes between 3:30 p.m. and 5:30 p.m.; every fifteen minutes between 5:30 p.m. and 7:00 p.m.; every thirty minutes between 7:00 p.m. and 1:00 a.m.; and every hour between 1:00 a.m. and 5:00 a.m.

   (iii) On Saturdays, except on legal holidays, service both to and from Manhattan’s Whitehall terminal and Staten Island’s St. George terminal shall be every thirty minutes except between the hours of 2:00 a.m. and 6:00 a.m., in which case service shall be every hour.

   (iv) On Sundays, except on legal holidays, service both to and from Manhattan’s Whitehall terminal and Staten Island’s St. George terminal shall be every thirty minutes except between the hours of 2:00 a.m. and 9:00 a.m., in which case service shall be every hour.

   (v) On legal holidays, service both to and from Manhattan’s Whitehall terminal and Staten Island’s St. George terminal shall include ferry departures every thirty minutes between the hours of 7:00 a.m. and 7:00 p.m.

   (vi) On or before May 1, 2015, service both to and from Manhattan’s Whitehall terminal and Staten Island’s St. George terminal shall be every thirty minutes at all times except when more frequent service is required by this subdivision.

   (vii) If the department in consultation with the office of the mayor determines that it is not economically feasible to fully expand service pursuant to paragraph (vi) of this subdivision, the department in consultation with the office of the mayor shall provide a report to the mayor, speaker of the council, and the borough presidents of Manhattan and Staten Island describing the reasons why fully expanding such service is not economically feasible by April 1, 2015, which shall include but not be limited to the following factors: an analysis of ridership numbers, including a breakdown by time of trip, day and month of the year; a review of any recent or anticipated economic development or other economic or population changes that have affected or could affect ridership numbers; and plans for future expansion in service and a timeline for such expansion. Every two years thereafter by April 1 the department in consultation with the office of the mayor shall review such determination and provide a report to the mayor, speaker of the council, and the borough presidents of Manhattan and Staten Island, including but not limited to the foregoing factors as well as a description of any expansion of service since the enactment of the local law that added this paragraph.

  1. The schedule of service set forth in subdivision a of this section shall not apply to service disruptions resulting from security concerns, mechanical malfunctions of a ferry, unsafe weather conditions, emergencies or other similar events beyond the control of the department that would prevent compliance with such schedule. In the event of any such disruption in the schedule of service set forth in subdivision a of this section that lasts longer than twenty-four hours, the commissioner or a designee shall submit a written report to the mayor and speaker of the council which shall include the specific reasons for the disruption and the time at which service was restored. If service has not been restored by the time the report must be submitted, the report shall also include the estimated duration of the disruption in service and what, if any, attempts are being made to mitigate the loss of scheduled service. In the event a disruption in the schedule of service lasts longer than seven days, on the eighth day and every seven days thereafter, the commissioner or a designee shall submit a written report to the mayor and speaker of the council that shall include an update on the status of resuming service.

§ 19-306 Temporary citywide boater safety and wake reduction task force.

  1. For the purpose of this section the following terms shall be defined as follows:

   1. “Hand-powered vessel” means every non-mechanically propelled water craft operating within the city of New York or its territorial waters, including rowboats, kayaks, racing shells* canoes, and sailboats.

   2. “Hand-powered vessel launch” means any dock, slip or pier located within the city of New York or its territorial waters capable of being utilized by a hand-powered vessel.

   3. “Operator” means any person or private or governmental entity that owns or operates a water-borne mechanically-propelled vessel or water-borne hand-powered vessel.

   4. “Point of embarkation or disembarkation” means any portal point of entry or exit onto or off of a water-borne vessel, or into or out of the main cabin area of such water-borne vessel.

   5. “Wake” shall mean all changes in the vertical height of the water’s surface caused by the passage of a water-borne vessel including, but not limited to, such craft’s bow wave, stern wake and propeller wash.

   6. “Water-borne commercial services facility” means any dock, slip, pier or terminal located within the city of New York or its territorial waters and capable of being utilized by a water-borne vessel, and any concession, ticket purchasing or other facility or amenity available at or on such dock, pier, slip or terminal but excluding hand-powered vessel launches.

   7. “Water-borne vessel” means every water craft operating within the city of New York or its territorial waters, including commuter ferries, tugboats, speedboats, motorboats and personal watercraft, but excluding seaplanes.

  1. Within ninety days of the effective date of this section, there shall be established a temporary citywide boater safety and wake reduction task force. Such task force shall be comprised of nine members, four of whom shall be appointed by the speaker of the council and five of whom shall be appointed by the mayor. The mayor shall designate one member as the chairperson. To the extent possible, appointments to the task force shall reflect the interests of water-borne vessel operators, the port authority of New York and New Jersey, the United States coast guard and other appropriate regulatory agencies, hand-powered vessel operators, operators of privately-owned piers and marinas within the city of New York, owners of other waterfront property, experts on the waterfront environment, and members of the general public. Each appointed task force member may be removed for cause by the appointing authority and any vacancy shall be filled in the same manner as the appointment was made. The temporary citywide boater safety and wake reduction task force shall be deemed established upon the appointment of four of its members.
  2. Members of the task force shall serve without compensation and shall meet when deemed necessary by the chairperson or whenever the department or the department of parks and recreation proposes rules relating to the travel of water-borne vessels on waterways within the territorial waters of New York city, but in no event shall the task force meet less often than three times in every calendar year.
  3. The task force shall examine, but need not be limited to, examining the following issues: existing and proposed points of embarkation or disembarkation in the territorial waters of New York city; existing and proposed hand-powered vessel launches; geographic areas where wake impacts are currently or may in the future adversely affect hand-powered or water-borne vessel launches, and/or hand-powered or water-borne vessel users; geographic areas where wake impacts are causing or may cause possible erosion of shore front property and wetlands; community outreach; education, enforcement, and any other activities relating to improvements in boater safety and the reduction of wakes.
  4. The task force shall issue a report to the speaker and the mayor within twelve to fifteen months from the establishment of the task force. Such report shall include, but not be limited to, recommendations for minimizing wake impacts on hand-powered or water-borne vessel launches and/or hand-powered or water-borne vessel users; minimizing wake impacts to shore front property; community outreach; education; and enforcement activities. Such report shall be posted on the city’s website within seven days from its submission to the speaker and the mayor. The task force shall cease operation one year after the submission of the report.

§ 19-307 Use of ultra low sulfur diesel fuel and best available technology for city ferries.

  1. For purposes of this section only, the following terms shall have the following meanings:

   (1)    “City ferry” means any motorized watercraft that is used as a means of commuter passenger mass transportation by water that is owned or operated by or on behalf of the city.

   (2) “Retrofit” means the installation of a pollution control device on the exhaust system after the engine, such as a diesel oxidation catalyst.

   (3) “Tier 2 air quality standards for marine engines” means the engine exhaust emission standards listed in 40 CFR § 89.112(a) (for marine diesel engines under 37 kW) and listed in 40 CFR § 94.2(a) (for all other marine diesel engines).

   (4) “Ultra low sulfur diesel fuel” means diesel fuel that has a sulfur content of no more than fifteen parts per million.

  1. As of July 1, 2008, every diesel fuel-powered city ferry shall be powered by ultra low sulfur diesel fuel.
    1.    Engine upgrades. Diesel fuel-powered city ferries shall utilize the best available technology for reducing the emissions of pollutants through engine upgrades, in accordance with the following schedule:

      (i) two such ferries shall utilize such technology by July 1, 2008;

      (ii) three such ferries shall utilize such technology by January 1, 2009;

      (iii) four such ferries shall utilize such technology by January 1, 2010;

      (iv) five such ferries shall utilize such technology by July 1, 2010;

      (v) all such ferries shall utilize such technology by January 1, 2011.

   (2) Retrofits on the exhaust system. Diesel fuel-powered city ferries shall utilize the best available technology for reducing the emissions of pollutants through retrofits on the exhaust system, in accordance with a proposed schedule to be developed by the commissioner and submitted to the council by July 1, 2009. Thirty days after any successful demonstration of a technology on a city ferry, the schedule shall be reviewed and revised, if appropriate, and resubmitted to the council. Any such proposed and revised schedule shall require the retrofitting of every city ferry as soon as is possible given manufacturing, dry dock, repair and operational considerations.

    1.    Any diesel fuel-powered city ferry that is newly purchased or placed in operation after the effective date of this section shall meet the then current United States environmental protection agency’s air quality standards, provided that such standards shall be at least as stringent as the United States environmental protection agency’s Tier 2 air quality standards for marine engines.

   (2) Any engine upgrade kit that is certified by the United States environmental protection agency may be used to achieve Tier 2 air quality standards for marine engines.

   (3) Any diesel fuel-powered city ferry that on the day first purchased or newly operated by the city meets the then current United States environmental protection agency’s air quality standards for marine engines, provided that such standards shall be at least as stringent as the United States environmental protection agency’s Tier 2 air quality standards for marine engines, shall meet the requirements of subdivision c of this section.

   (4) Any diesel fuel-powered city ferry that is in use thirty years after being placed into service or at least seven years after the installation of best available technology and cannot be retrofitted, upgraded or repowered to comply with the United States environmental protection agency’s Tier 2 air quality standards for marine engines, shall be retired.

    1.    The commissioner shall make determinations, subject to the written approval of the commissioner of environmental protection, and shall publish a list of such determinations as to the best available technology to be used for each class of city ferry to which this section applies for the purposes of subdivision c of this section. Each such determination, which shall be reviewed and revised as needed but in no event less often than once every six months, shall be based upon the reduction in emissions of particulate matter and the reduction in emissions of nitrogen oxides associated with the use of such technology and shall in no event result in an increase in the emissions of either such pollutant. In determining the best available technology for each class of city ferry, the commissioner shall select technology that has been certified by the United States environmental protection agency or approved by the United States coast guard or such other technology that the commissioner determines is at least as stringent as the United States environmental protection agency Tier 2 air quality standards for marine engines.

   (2) The city shall not be required to replace best available technology for reducing the emission of pollutants or other authorized technology utilized for a diesel fuel-powered city ferry in accordance with the provisions of paragraph one of subdivision c of this section within seven years of having first utilized such technology for such ferry.

  1. This section shall not apply: (i) where federal or state funding precludes the city from imposing the requirements of this section; or (ii) to purchases that are emergency procurements pursuant to section three hundred fifteen of the charter.
  2. Subdivision b of this section shall not apply where the commissioner, subject to the written approval of the commissioner of environmental protection, makes a written finding that a sufficient quantity of ultra low sulfur diesel fuel is not available to meet the requirements of subdivision b of this section or is not technically or operationally feasible; provided that the city, shall maximize its use of ultra low sulfur diesel fuel with a sulfur content of fifteen parts per million, and further provided that any diesel fuel used that is not ultra low sulfur diesel fuel contains the next lowest sulfur content available. Any finding made pursuant to this subdivision shall expire after six months, at which time the requirements of subdivision b of this section shall be in full force and effect unless the commissioner renews the finding in writing and such renewal is approved in writing by the commissioner of environmental protection.
  3. Subdivision c of this section shall not apply to a diesel fuel-powered city ferry where the commissioner makes a written finding, which is approved in writing by the commissioner of environmental protection, that the best available technology for reducing the emission of pollutants as required by that subdivision is unavailable for such city ferry, is not technically, operationally or economically feasible, or is not available on the required time table due to delays in manufacturing such technology or in the availability of dry dock or other repair facilities that are necessary for installing such technology. Where a finding is in effect pursuant to this subdivision, the city shall revise its proposed engine upgrade implementation schedule within thirty days of the grant of renewal of the finding and use the next best available technology for reducing the emission of pollutants that is appropriate for such city ferry. Any finding made pursuant to this subdivision shall expire after six months, at which time the requirements of subdivision c of this section shall be in full force and effect unless the commissioner renews the finding in writing and such renewal is approved in writing by the commissioner of environmental protection.
  4. In determining which technology to use for the purposes of subdivision h of this section, the city shall consider the reduction in emissions of particulate matter and the reduction in emissions of nitrogen oxides associated with the use of such technology, which shall in no event result in an increase in the emissions of either such pollutant.
    1.    On or before October 1, 2009 and every succeeding October 1 thereafter, the mayor shall submit to the comptroller and the council a report regarding the use of ultra low sulfur diesel fuel and the best available technology for reducing the emission of pollutants and such other authorized technology in accordance with this section for diesel fuel-powered city ferries during the immediately preceding fiscal year. The information contained in such report shall also be included in the mayor’s preliminary management report and the mayor’s management report for the relevant fiscal year and shall include, but not be limited to: (i) the total number of diesel fuel-powered city ferries; (ii) the number of such diesel-fuel powered city ferries that were powered by ultra low sulfur diesel fuel; (iii) the number of such diesel-fuel powered city ferries that utilized the best available technology for reducing the emission of pollutants, including a breakdown by the type of technology used for each ferry model; (iv) the number of such diesel fuel-powered city ferries that utilized other authorized technology in accordance with this section, including a breakdown by the type of technology used for each city ferry model; (v) the number of city ferries purchased or newly operated by the city after the effective date of this section and whether or not emissions from such ferries meet the United States environmental protection agency’s marine engine standards in effect at the time of such purchase or operation, and if the emissions from such ferries do not meet such standards, when they can be expected to meet such standards or meet, at a minimum, the United States environmental protection agency’s Tier 2 air quality standards for marine engines; (vi) all findings and renewals of such findings issued pursuant to subdivision g of this section, which, for each finding and renewal, shall include, but not be limited to, the quantity of ultra low sulfur diesel fuel needed to power diesel fuel-powered city ferries and any quantity of diesel fuel used that was not ultra low sulfur diesel fuel; and (vii) all findings and renewals of such findings issued pursuant to subdivision h of this section, which shall include, but not be limited to, all specific information submitted by the city upon which such findings and renewals are based and the type of other authorized technology, if any, utilized in accordance with this section in relation to each finding and renewal.
  5. The commissioner shall conduct a study to determine the feasibility of utilizing in city ferries (i) alternative fuels, which shall include but need not be limited to the combustion of biodiesel of at least five percent biodiesel by volume (B5) and up to 20 percent biodiesel by volume (B20) and renewable diesel and (ii) alternative fuel technologies, which shall include but need not be limited to hybrid electric, battery electric and fuel-cell electric power trains. The study shall include a review of the types and classes of ferries used and planned to be used and, as applicable, their compatibility with the alternative fuels and alternative fuel technologies studied, the availability of such fuels and technologies, the mixing and storage of such fuels and technologies and other relevant issues including barriers, opportunities and regulatory requirements related to the use of such fuels and technologies in city ferries. No later than December 31, 2019, the commissioner shall electronically submit to the mayor and the speaker of the council, and make publicly available online, a report detailing the findings of this study with recommendations relating to the use of alternative fuels and technologies in city ferries and shall thereafter, to the fullest extent the commissioner determines to be practicable based upon such report, implement the use of such fuels or technologies in city ferries.

Chapter 4: Reduced Fare Contracts

§ 19-401 Authorization of reduced fare contracts.

  1. The board of estimate shall have the power, pursuant to section one hundred nineteen-r of the general municipal law, to enter into a contract or contracts with any person, firm or corporation owning and operating a mass transportation facility within the city in order to provide transportation at a reduced fare during specified days and hours for eligible residents of the city who are over sixty-five years of age and not fully employed.
  2. Any such contract may provide for reimbursement of the actual or estimated difference between the reduced fare collected from such passengers and the established rate of fare, plus such other administrative costs as may be incurred by the contracting person, firm or corporation.
  3. The separate and additional approval of the mayor shall be necessary to the validity of any such contract.

Chapter 5: Transportation of Passengers For Hire By Motor Vehicles

§ 19-501 Legislative findings.

It is hereby declared and found that the business of transporting passengers for hire by motor vehicle in the city of New York is affected with a public interest, is a vital and integral part of the transportation system of the city, and must therefore be supervised, regulated and controlled by the city.

§ 19-502 Definitions.

For the purpose of this chapter:

  1. “Coach” means a motor vehicle carrying passengers for hire in the city, designed to comfortably seat not more than seven passengers, operating from coach hack stands designated by the commission, and duly licensed as a coach by the commission.
  2. “Commission” means the New York city taxi and limousine commission.
  3. “Driver” means a person licensed hereunder to drive a licensed vehicle in the city.
  4. “Driver’s license” means a license for a driver issued by the commission.
  5. “Vehicle license” means taxicab license, coach license, wheelchair accessible van license or for-hire vehicle license issued by the commission.
  6. “Licensed vehicle” means a taxicab, coach, wheelchair accessible van or for-hire vehicle licensed by the commission.
  7. “For-hire vehicle” means a motor vehicle carrying passengers for hire in the city, with a seating capacity of twenty passengers or less, not including the driver, other than a taxicab, coach, wheelchair accessible van, commuter van or an authorized bus operating pursuant to applicable provisions of law. For the purpose of this subdivision, “seating capacity” shall include any plain view location which is capable of accommodating a normal adult is as part of an overall seat configuration and design and is likely to be used as a seating position while the vehicle is in motion. For purposes of the provisions of this chapter relating to prohibitions against the operation of an unauthorized for-hire vehicle, the enforcement of such prohibitions and the imposition of penalties for violations of such prohibitions and to the seizure and forfeiture of for-hire vehicles, the term shall also include any common carrier of passengers by motor vehicle not subject to licensure as a taxicab, commuter van, or wheelchair accessible van and not operating as a public or private bus transit service operated pursuant to a contract with the city, any county within the state of New York, the state of New York or any other state or local government that follows the applicable procurement rules and regulations of such jurisdiction regardless of the seating capacity of any such vehicle.
  8. “Medallion” means the metal plate issued by the commission for displaying the license number of a licensed taxicab on the outside of the vehicle.
  9. Except as is otherwise provided in subdivision f of section 19-506 “owner” means any person, firm, partnership, corporation or association owning and operating a licensed vehicle or vehicles and shall include a purchaser under a reserve title contract, conditional sales agreement or vendors lien agreement, and a lessee of any such vehicle or vehicles under a written lease or similar contract approved by the commission. Provided, however, that with respect to a commuter van, “owner” means a person, other than a lien holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person and also includes any lessee or bailee of a vehicle having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days. If a vehicle is sold under a contract of sale which reserves a security interest in the vehicle in favor of the vendor, such vendor or his assignee shall not, after delivery of such vehicle, be deemed to be an owner within the provisions of this subdivision, but the vendee, or his or her assignee, receiving possession thereof, shall be deemed an owner notwithstanding the terms of such contract, until the vendor or his or her assignee shall retake possession of such vehicle. A secured party in whose favor there is a security interest in any vehicle out of his or her possession shall not be deemed to, be an owner within the provisions of this subdivision.
  10. “Rate card” means a card, issued by the commission for each vehicle, which displays the vehicle license number, rates of fare, and such other data as the commission may prescribe.
  11. “Taximeter” means an instrument or device approved by the commission by which the charge to a passenger for hire of a licensed vehicle is automatically calculated and on which such charge is plainly indicated.
  1. “Taxi”, “taxicab” or “cab” means motor vehicle carrying passengers for hire in the city, designed to carry a maximum of five passengers, duly licensed as a taxi cab by the commission and permitted to accept hails from passengers in the street.
  1. “Wheelchair accessible van” means any motor vehicle equipped with a hydraulic lift or ramps designed for the purpose of transporting persons in wheelchairs or containing any other physical device or alteration designed to permit access to and enable the transportation of physically handicapped persons.
  2. “Handicapped transportation service” means one or more motor vehicles for hire or operated by a non-profit organization for carrying passengers for hire in the city by means of a wheelchair accessible van or vans and not permitted to accept hails from prospective passengers in the street.
  3. “Central business district of the borough of Manhattan” means that area of the borough of Manhattan lying south of, and including, ninety-sixth street.
  4. “Commuter van” means a commuter van service having a seating capacity of at least nine passengers but not more than twenty passengers or such greater capacity as the commission may establish by rule and carrying passengers for hire in the city duly licensed as a commuter van by the commission and not permitted to accept hails from prospective passengers in the street. For purposes of the provisions of this chapter relating to prohibitions against the operation of an unauthorized commuter van service or an unlicensed commuter van, the enforcement of such prohibitions and the imposition of penalties for violations of such prohibitions and to the seizure and forfeiture of commuter vans, the term shall also include any common carrier of passengers by motor vehicle not subject to licensure as a taxicab, for-hire vehicle, or wheelchair accessible van and not operating as a public or private bus transit service operated pursuant to a contract with the city, any county within the state of New York, the state of New York or any other state or local government that follows the applicable procurement rules and regulations of such jurisdiction regardless of the seating capacity of any such vehicle. The commission shall submit to the council the text of any proposed rule relating to the maximum capacity of commuter vans at the time such proposed rule is published in the City Record.
  5. “Commuter van service” means a subclassification of common carriers by passengers of motor vehicles as such term is defined in subdivision seven of section two of the transportation law, that provides a transportation service through the use of one or more commuter vans on a prearranged regular daily basis, over non-specified or irregular routes, between a zone in a residential neighborhood and a location which shall be a work related central location, a mass transit or mass transportation facility, a shopping center, recreational facility or airport. A “commuter van service” shall not include any person who exclusively provides: (1) any one or more of the forms of transporation that are specifically exempted from article seven of the transportation law; or (2) any one or more of the forms of transportation regulated under this chapter other than transportation by commuter vans.
  6. “Security interest” means an interest in a vehicle reserved or created by an agreement and which secures pavement or performance of an obligation. The term includes the interest of a lessor under a lease intended as security. A security interest is perfected when it is valid against third parties generally, subject only to specific statutory exceptions.

s.*    “Agent” means an individual, partnership or corporation that acts, by employment, contract or otherwise, on behalf of one or more owners to operate or provide for the operation of a taxicab in accordance with the requirements of this chapter and any rule promulgated by the commission. The term “agent” shall not include an attorney or representative who appears on behalf of one or more owners before the commission or an administrative tribunal, and taxicab drivers licensed pursuant to this chapter when acting in that capacity.

  • Editor’s note: there are two divisions designated as s. in this section.

s.*    “Affiliated vehicle” means a for-hire vehicle other than a black car or a luxury limousine which a base station is authorized by the commission to dispatch.

  • Editor’s note: there are two divisions designated as s. in this section.
  1. “Base station” means a central facility which manages, organizes or dispatches affiliated vehicles licensed under this chapter, not including luxury limousines or black cars.
  2. “Black car” means a for-hire vehicle dispatched from a central facility whose owner holds a franchise from the corporation or other business entity which operates such central facility, or who is a member of a cooperative that operates such central facility, where such central facility has certified to the satisfaction of the commission that more than ninety percent of the central facility’s for-hire business is on a payment basis other than direct cash payment by a passenger.
  3. “Luxury limousine” means a for-hire vehicle which is dispatched from a central facility which has certified to the satisfaction of the commission that more than ninety percent of its for-hire business is on a payment basis other than direct cash payment by a passenger, for which there is maintained personal injury insurance coverage of no less than five hundred thousand dollars per accident where one person is injured and one million dollars per accident for all persons injured in that same accident, whose passengers are charged on the basis of garage to garage service and on a flat rate basis or per unit of time or mileage.
  4. “Wheelchair accessible vehicle” shall mean a for-hire vehicle which is designed for the purpose of transporting persons in wheelchairs or containing any physical device or alteration designed to permit access to and enable the transportation of persons in wheelchairs.
  5. “HAIL vehicle” means a for-hire vehicle or wheelchair accessible van whose owner holds a license issued by the commission authorizing such vehicle to accept hails from passengers on the street in specified geographical areas of the city.
  6. “Facilitate sex trafficking with a vehicle” shall mean (1) committing any of the following crimes set forth in the penal law, as evidenced by conviction of such crime: promoting prostitution in the third degree; promoting prostitution in the second degree; promoting prostitution in the first degree; sex trafficking; or compelling prostitution and (2) using a vehicle licensed by the commission to commit such crime.
  7. “Dispatch service provider” means an entity licensed by the commission to dispatch, reserve, or refer trips to drivers on behalf of a base station, black car base, or luxury limousine base through a publicly-available, passenger-facing booking tool.

aa. “Breach of the security of the system” has the same meaning as in paragraph c of subdivision 1 of section 899-aa of the general business law.

bb. “Personal information” has the same meaning as in paragraph a of subdivision 1 of section 899-aa of the general business law and includes such information pertaining to passengers and drivers.

  1. “Passenger geolocation information” means information concerning the location of a wireless communication device that, in whole or in part, is generated by or derived from the operation of such device and that could be used to determine or infer information regarding the present, prospective, or historical location of an individual.

dd. Repealed.

ee. Repealed.

ff. Base. The term “base” has the same meaning as “for-hire base (or “base”)” in subdivision (f) of section 59B-03 of title 35 of the rules of the city of New York.

gg. High-volume for-hire service. The term “high-volume for-hire service” means an individual, partnership, limited liability company, business corporation, sole proprietorship or any combination of one or more individuals, partnerships, limited liability companies, business corporations or sole proprietorships operating under, or in affiliation with, one brand or trade name or a common brand, trade, business or operating name, that offers, facilitates or otherwise connects passengers to for-hire vehicles by prearrangement, including through one or more licensed black car bases, luxury limousine bases or livery base stations, as these terms are defined in section 51-03 of title 35 of the rules of the city of New York, utilizing software that allows a passenger or prospective passenger to arrange for transportation using a passenger-facing booking tool, including a smartphone or other electronic device, and that dispatches, or facilitates the dispatching of, 10,000 or more trips in the city in one day. Any and all bases using a common brand, trade, business or operating name will be considered together for purposes of determining whether they satisfy the definition of high-volume for-hire service.

hh. The term “vehicle utilization standard” means the standard for the efficient use of for-hire vehicles as determined by the commission based on the time spent, distance traveled or both by drivers of for-hire vehicles transporting passengers on trips dispatched by a base or, as applicable, a high-volume for-hire service; the time spent, distance traveled or both by drivers who have made themselves available to accept dispatches from such base or from such high-volume for-hire service; and the number of passengers transported by such drivers.

§ 19-503 Rules and regulations.

  1. The commission shall promulgate such rules and regulations as are necessary to exercise the authority conferred upon it by the charter and to implement the provisions of this chapter.
  2. No rule or regulation promulgated subsequent to the effective date of this local law may be inconsistent with or supersede any provision of this local law and any rule or regulation in effect on the effective date of this local law that is inconsistent with any provision of this local law shall be of no further force and effect.

§ 19-503.1 For-hire vehicles; special regulations.

  1. The commission shall have the authority to promulgate rules and regulations which classify for-hire vehicles according to the nature of the service or services provided and the type of vehicle used and adopt regulations appropriate for each such classification setting forth standards for operation, including but not limited to standards of service, insurance and safety, and promulgate rules imposing reasonable fines, suspension or revocation upon the holder of a license issued pursuant to section 19-511 where such holder has violated any of the provisions of this chapter or a rule of the commission.
  2. For the purposes of this chapter, a for-hire vehicle shall not include a motor vehicle carrying fewer than nine passengers which is operated solely for the purpose of carrying passengers from a specific location to a funeral parlour or cemetery and the return of said passengers to a specific location.

§ 19-504 General provisions for licensing of vehicles.

    1.    A taxi-cab, coach, wheelchair accessible van, commuter van or for-hire vehicle shall operate within the city of New York only if the owner shall first have obtained from the commission a taxicab, coach, wheelchair accessible van, commuter van or for-hire vehicle license for such vehicle and only while such license is in full force and effect. Vehicle licenses shall be issued for a term of not less than one nor more than two years and shall expire on the date set forth on the license unless sooner suspended or revoked by the commission. No motor vehicle other than a duly licensed taxicab shall be permitted to accept hails from passengers in the street. No commuter van shall be operated within the city of New York unless it is operated as part of a current, valid authorization to operate a commuter van service duly issued by the commission pursuant to section 19-504.2 of this chapter.

   (2) No commuter van license shall be issued unless the following conditions are satisfied:

      (i) such commuter van is to be operated as part of a current, valid authorization to operate a commuter van service issued pursuant to section 19-504.2 of this chapter;

      (ii) the commission determines that the applicant is fit, willing and able to operate a commuter van;

      (iii) the applicant is in compliance with the provisions of section 19-504.3 of this chapter, and the applicant has not engaged in any conduct that would be a basis for suspension or revocation of such license pursuant to rules promulgated by the commission; and

      (iv) the applicant has satisfied such other criteria as the commission deems to be in the interest of the safety and convenience of the public and necessary to effectuate the purposes of this chapter.

  1. The license fee for each taxi-cab and coach shall be five hundred fifty dollars annually. The license fee for each wheelchair accessible van and each for-hire vehicle shall be two hundred seventy-five dollars annually. If a license is granted for a period other than one year, the fee shall be prorated accordingly. There shall be an additional fee of twenty-five dollars for late filing of a wheelchair accessible van or for-hire vehicle license renewal application where such filing is permitted by the commission. Notwithstanding the foregoing, the license fee authorized by this subdivision shall be waived for any for-hire vehicle license that shall be used with a wheelchair accessible vehicle, as defined in subdivision w of section 19-502, or a taxi-cab license used with an accessible vehicle, as defined in section 53-03 of title 35 of the rules of the city of New York, as of the date such license fee is due and payable.
  2. In the event of the loss, mutilation or destruction of any medallion or vehicle license issued hereunder, the owner may file such statement and proof of the facts as the commission may require, with a fee of twenty-five dollars, at the office of the commission and the commission shall issue a duplicate or substitute medallion or license.
  3. Applications for vehicle licenses shall be filed with the commission upon forms which shall be provided by the commission. The date and time of the receipt of each application shall be noted by the commission.
  4. Any owner operating a vehicle under a license issued by the commission, or by the New York city police department prior to the effective date of this chapter, shall be entitled to renew such license as a matter of right upon compliance with all the other provisions of this section and sections 11-808 and 11-809.2 of the code relating to the licensee’s vehicle.
  5. All taxicabs now or hereafter licensed pursuant to the provisions of this chapter shall be inspected at an inspection facility operated by the commission at least once every four months, in accordance with a procedure to be established by the commission. All other vehicles now or hereafter licensed pursuant to the provisions of this chapter other than commuter vans shall be inspected at official inspection stations licensed by the commissioner of motor vehicles pursuant to section three hundred three of the vehicle and traffic law at least once every four months in accordance with the regulations of the commissioner of motor vehicles, codified in part seventy-nine of title fifteen of the official compilation of codes, rules and regulations of the state of New York (15 N.Y.C.R.R. part 79). All commuter vans now or hereafter licensed pursuant to the provisions of this chapter shall be inspected and shall meet safety standards as provided in paragraph two of subdivision a of section 19-504.3 of this chapter. If any taxicab fails to pass its inspection for any reason relating to the requirements established by the New York state department of motor vehicles, it shall be reinspected. The fee payable to the commission for each inspection and each reinspection required for the issuance of a certificate of inspection for a taxicab, inclusive of the issuance of such certificate, shall not exceed ninety dollars for the first inspection and fifty dollars for each reinspection. The fees payable to the official inspection station for the inspection and the issuance of a certificate of inspection for all other licensed vehicles other than commuter vans shall be the fees charged and collected pursuant to section three hundred five of the vehicle and traffic law. The commission or any other agency authorized by law may conduct on-street inspections of vehicles licensed pursuant to the provisions of this chapter. The date of the inspection of a taxicab and the signature of the persons making the inspection shall be recorded upon the rate card in the space provided therefor. An owner shall be ordered by the commission to repair or replace his or her licensed vehicle where it appears that it no longer meets the reasonable standards for safe operation prescribed by the commission. Upon failure of such owner to have his or her vehicle inspected or to comply with any such order within ten days after service thereof, the license shall be suspended; upon failure of such owner to comply with any such order within one hundred twenty days after service thereof, the license may, at the discretion of the commission, be deemed to have been abandoned by nonuser.
  6. The commission may revoke any license for nonuse in the event it shall determine that the vehicle has not been operated for sixty consecutive days, provided that such failure to operate shall not have been caused by strike, riot, war or other public catastrophe or other act beyond the control of the owner; or in the event the owner has sold his or her vehicle and has failed to replace the vehicle within one hundred and twenty days from the date of sale. However, in the event that it is shown to the commission by competent proof that an owner-driver has been disabled through illness, his or her license shall not be revoked because of such nonuse as provided in this subdivision.
  7. A medallion or license may be transferred from one vehicle to another, subject to the approval of the commission and upon payment of such fee as the commission shall require, but not to exceed fifty dollars. A vehicle licensee may change the base communications system with which it is affiliated, subject to the approval of the commission and upon payment of such fee as the commission shall require, but not to exceed fifty dollars.
  8. [Repealed.]
  9. The commission shall replace the medallion for every taxicab license which is renewed pursuant to this section once every two years, or more frequently at the discretion of the commission. The commission may charge a fee not to exceed ten dollars for each replacement medallion.
  10. The commission may charge a fee not to exceed twenty-five dollars per vehicle for the replacement of license plates issued by the New York state department of motor vehicles.
  11. Prior to the issuance of a commuter van license, the applicant shall be fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services. The applicant shall pay any processing fee required by the state division of criminal justice services. Fingerprints shall be taken of the individual owner if the applicant is a sole proprietorship; the general partners if the applicant is a partnership; the officers, principals, and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation.
  12. The commission shall approve or disapprove an application for a commuter van license within one hundred and eighty days after the completed application is filed. The failure to approve or disapprove such completed application within such time shall be deemed a disapproval of such application.
  13. Every commuter van license shall be issued on the condition that the applicant is in compliance with the registration and insurance requirements set forth in section 19-504.3 of this chapter and any rules promulgated pursuant thereto during the time that such license is in effect. Notwithstanding any other provision of law, the failure to comply with either such registration or insurance requirements shall render the commuter van license suspended on and after the date of such noncompliance and during the period of such noncompliance, and any person using such commuter van in the course of operations of a commuter van service during such period of noncompliance shall be deemed to be operating without a license required by this section.
  14. The annual license fee for each commuter van license shall be two hundred seventy-five dollars. Commencing two years after the date of enactment of the local law that added this subdivision, the annual license fee for each commuter van shall be an amount equal to the license fee for a for-hire vehicle set forth in subdivision b of this section, as it may be amended. The license fee shall be prorated to the term of the license.
  15. A commuter van license shall not be transferable or assignable.
  16. Notwithstanding any contrary provision of law, the commission shall not issue or renew a taxicab license unless the applicant or holder, as the case may be, avows under penalty of perjury that such person has fully paid all and any tax imposed on such person by article twenty-nine-A of the tax law. The commission may ask the commissioner of taxation and finance for confirmation that such person has paid such tax. Nothing in this subdivision shall prevent a person to whom a taxicab license has been issued from moving the medallion which evidences the license to a standby vehicle if the TLC’s regulations permit such person to do so.
  17. Notwithstanding any contrary provision of law, there shall be no more than 735 licenses for commuter vans. The commission shall not accept new applications for such licenses and shall not issue any such license if such issuance would result in the total number of such licenses exceeding 735; provided, however, that the number of licenses for commuter vans may exceed 735, and the commission may accept applications for and issue licenses for commuter vans in a number exceeding 735, if the commission determines, pursuant to item 12 of section 19-529.7, that there is a need for commuter vans in a number exceeding 735.

§ 19-504.1 Additional taxicab licenses. [Repealed]

  1. No person shall operate a commuter van service wholly within the boundaries of the city or partly within the city if the partial operation consists of the pick up and discharge of passengers wholly within the city without first obtaining authorization from the commission.
  2. The commission shall not issue or renew an authorization to operate a commuter van service unless the following conditions have been satisfied:

   (1) the commission determines that the applicant is fit, willing and able to provide the transportation for which authorization is sought;

   (2) the applicant is in compliance with the provisions of section 19-504.3 of this chapter, and the applicant has not engaged in any conduct that would be a basis for suspension or revocation of such authorization pursuant to rules promulgated by the commission; and

   (3) the applicant has satisfied such other criteria as the commission deems to be in the interest of the safety and convenience of the public and necessary to effectuate the purposes of this chapter.

  1. Prior to the issuance or renewal of an authorization to operate a commuter van service, the applicant shall be fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services. The applicant shall pay any processing fee required by the state division of criminal justice services. Fingerprints shall be taken of the individual owner if the applicant is a sole proprietorship; the general partners if the applicant is a partnership; the officers, principals, and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation.
  2. An application for an authorization to operate a commuter van service or for renewal thereof shall be made to the commission in the form and manner prescribed by the commission.
    1.    The applicant shall have the burden of demonstrating that the service proposed will be required by the present or future public convenience and necessity. The commission shall not issue an authorization to operate a commuter van service unless the commissioner of transportation determines that the service proposed will be required by the present or future public convenience and necessity. Such determination that the service proposed will be required by the present or future public convenience and necessity shall be in effect until such authorization has been revoked by the commission or such determination has been revoked by the commissioner of transportation. After the revocation of such authorization or such determination of public convenience and necessity, no authorization to operate a commuter van service shall be renewed unless a new determination is made by the commissioner of transportation that the service proposed will be required by the present or future public convenience and necessity.

   (2) When such a determination by the commissioner of transportation is required by this subdivision, the application for authorization to operate a commuter van service shall set forth the geographic area proposed to be served by the applicant and the maximum number of vehicles to be operated and the capacity of each such vehicle, and the commission shall forward a copy of such application to the commissioner of transportation.

   (3) The commissioner of transportation, after consultation with the state department of transportation, shall make a determination whether the service proposed in the application will be required by the present or future public convenience and necessity. The commissioner of transportation may request that the applicant provide any additional information relevant to such determination; provided, however, that public support statements shall not be required. The commissioner of transportation shall notify the New York city transit authority and all council members and community boards representing any portion of the geographic area set forth in the application for the purpose of obtaining comment on the present or future public convenience and necessity for any proposed service. The commissioner of transportation shall provide for publication in the City Record of a notice of any such application and shall allow for public comment on such application for a period not to exceed sixty days after the date of publication of such notice. If any such application is protested by a bus line operating in the city or by the New York city transit authority, and such bus line and/or transit authority has timely submitted objections to the application to the commissioner of transportation, the commissioner shall, in making such determination, evaluate such objections in accordance with the following criteria:

      (a) the adequacy of the existing mass transit and mass transportation facilities to meet the transportation needs of any particular segment of the general public for the proposed service; and

      (b) the impact that the proposed operation may have on any existing mass transit or mass transportation facilities. Any determination by the commissioner that a service proposed will be required by the present or future public convenience and necessity shall specify the geographic area where service is authorized and the number of commuter vans authorized to be used in providing such service.

    1.    The commission, after consultation with the state department of transportation, shall approve or disapprove such application for authorization to operate a commuter van service within one hundred eighty days after the date a completed application has been filed. The failure to approve or disapprove such completed application within such one hundred eighty day period shall be deemed a disapproval of such application.

   (2) Any determination by the commission to approve an application for authorization to operate a commuter van service pursuant to this section shall be in writing and shall be submitted to the council within five days of such determination being made. Within twenty days of such submission the council may adopt a resolution by majority vote of all council members to review that deter- mination.

   (3) Within thirty days of the adoption of the council of a resolution pursuant to this subdivision, the council, may act by local law to approve or disapprove the determination of the commission. In the event that the council fails to act by local law within the thirty day period provided for in this paragraph the determination of the commission shall remain in effect.

  1. An authorization to operate a commuter van service shall be issued for a term of not less than one nor more than two years and shall expire on the date set forth in such authorization unless sooner suspended or revoked by the commission.
  2. The commission shall not issue a temporary authorization to operate a commuter van service. An authorization to operate a commuter van service shall not be assignable or transferable, unless otherwise provided by the commission.
  3. In the event of the loss, mutilation or destruction of any authorization to operate a commuter van service the owner shall file such statement and proof of the facts as the commission may require, with a fee not to exceed twenty-five dollars for each authorization, at the offices of the commission, and the commission may issue a duplicate or substitute authorization.
  4. No application for authorization to operate a commuter van service shall be approved if the applicant has been found guilty of operating a commuter van service without authorization to operate such commuter van service two times within a six-month period prior to the date of application, provided that such violations were committed on or after the date occurring six months after the effective date of this subdivision.
  5. The commission shall post on its website links to all New York city laws and rules governing the operation of commuter vans. Not more than three days after issuing an authorization to operate a commuter van service, the commission shall post on its website the geographic area where such service is authorized and the number of commuter vans authorized to be used in providing such service.

§ 19-504.3 Conditions of operation relating to commuter vans.

  1. A commuter van service and an owner of a commuter van shall be responsible for compliance with the following provisions and shall be liable for violations thereof:

   (1) No commuter van shall be used in the course of operations of a commuter van service unless a commuter van license has been obtained for such vehicle pursuant to section 19-504 of this chapter and such commuter van displays a license identification in the manner prescribed by the commission.

   (2) No commuter van shall be used in the course of operations of a commuter van service unless such vehicle (a) is inspected by the state department of transportation as provided under section one hundred forty of the transportation law or any rules or regulations promulgated thereunder or as provided under an agreement between the state department of transportation and the commission entered into pursuant to subparagraph one of paragraph a of subdivision five of section eighty of the transportation law, (b) prominently displays the name of the holder of the authorization and certificate evidencing an inspection, and (c) meets the vehicle safety standards prescribed by rule or regulation of the state commissioner of transportation pursuant to section one hundred forty of the transportation law.

   (3) No commuter van shall be used in the course of operations of a commuter van service unless such vehicle is in compliance with the registration requirements of the vehicle and traffic law.

   (4) No commuter van shall be used in the course of operations of a commuter van service unless a surety bond or policy of insurance is maintained covering such commuter van conditioned for the payment of all claims and judgments for damages or injuries caused in the operation, maintenance, use or the defective construction of such commuter van in at least the following amounts unless higher amounts are established by rule of the commission:

      (a) if the commuter van has a carrying capacity of twelve passengers or less: for personal injury or death to one person, one hundred thousand dollars; for personal injury or death to all persons in one accident, three hundred thousand dollars, with a maximum of one hundred thousand dollars for each person; and for property damage, fifty thousand dollars.

      (b) if the commuter van has a carrying capacity of more than twelve passengers and less than twenty-one passengers: for personal injury or death to one person, one hundred thousand dollars; for personal injury or death to all persons in one accident, five hundred thousand dollars, with a maximum of one hundred thousand dollars for each person; and for property damage, fifty thousand dollars.

      (c) if the commuter van has a carrying capacity of more than twenty passengers: for personal injury or death to one person, one hundred thousand dollars; for personal injury or death to all persons in one accident, one million dollars, with a maximum of one hundred thousand dollars for each person; and for property damage, fifty thousand dollars.

   (5) No commuter van shall be used in the course of operations of a commuter van service unless the driver holds (a) a commercial driver’s license which pursuant to the vehicle and traffic law is valid for the operation of such commuter van for the transportation of passengers for-hire and (b) a commuter van driver’s license issued pursuant to section 19-505 of this chapter.

   (6) No commuter van that utilizes a two-way radio or other communications system shall be used in the course of operations of a commuter van service unless such commuter van service and the owner of such commuter van are in compliance with all regulations of the federal communications commission applicable to such use.

   (7) A commuter van service and an owner of a commuter van shall maintain such records as the commission shall prescribe by rule. Such records shall be subject to inspection by authorized officers or employees of the commission during regular business hours.

   (8) A commuter van service shall designate each and every driver who operates pursuant to an authorization to operate such commuter van service as agent for service of any and all legal process from the commission which may be issued against such commuter van service. An owner of a commuter van shall designate each and every driver who operates such commuter van as agent for service of any and all legal process from the commission which may be issued against such commuter van owner.

  1. A commuter van service shall certify annually in accordance with rules of the commission that such commuter van service is in compliance with title III of the federal americans with disabilities act of 1990 (42 U.S.C. § 12101, et seq.) and any regulations promulgated thereunder, as such act and regulations may be amended.
  2. A commuter van service shall comply with such provisions of section five of the federal omnibus transportation testing act of 1991 and any regulations promulgated thereunder, as that act and regulations may be amended, as are applicable to such commuter van service. A commuter van service shall certify such compliance annually in accordance with rules of the commission.

§ 19-504.4 Renewal, suspension and revocation of authorizations to operate a commuter van service, commuter van licenses and commuter van drivers’ licenses.

  1. An authorization to operate a commuter van service shall be revoked after the holder of such authorization has had an opportunity for a hearing in accordance with procedures to be established by the commission and upon the occurrence of any one or more of the following conditions:

   (1) Where each commuter van comprising a number of commuter vans equaling at least thirty percent of the total number of commuter vans operating as part of the same current, valid authorization rounded up to the next whole number, has failed to maintain the required liability insurance at least three times within a twelve month period;

   (2) Where each commuter van comprising a number of commuter vans equaling at least thirty percent of the total number of commuter vans operating as part of the same current, valid authorization, rounded up to the next whole number, has operated without complying with any safety inspection requirements arising from any applicable law, rule or regulation at least three times within a twelve month period;

   (3) Where a commuter van driver has had his or her license revoked pursuant to subdivision p of section 19-505 of this chapter while operating as part of such authorization and thereafter is found to be operating a commuter van as part of such authorization without a commuter van driver’s license required pursuant to section 19-505 of this chapter three times within a six month period; or

   (4) Where three or more violations of paragraph five of subdivision a of section 19-504.3 of this chapter occur within a six month period. Provided, however, that such authorization shall be suspended for 15 days where two violations of paragraph five of subdivision a of section 19-504.3 of this chapter occur within a six-month period after the holder of such authorization has had an opportunity for a hearing in accordance with procedures to be established by the commission.

  1. Any commuter van license shall be revoked after the holder of such license has had an opportunity for a hearing in accordance with procedures to be established by the commission and after which the holder of such license is found guilty of any of the following:

   (1) Failure to maintain the required liability insurance three times within a period of one year;

   (2) Operating without complying with any safety inspection requirements arising from any applicable law, rule or regulation three times within a period of one year; or

   (3) Two or more violations of subdivision n of section 19-506 within a period of one year.

  1. The commission may refuse to renew any authorization to operate a commuter van service or any commuter van license or commuter van driver’s license required by this chapter and, after due notice and an opportunity to be heard, may suspend or revoke any such authorization or license upon the occurrence of any one or more of the following conditions:

   (1) the holder of an authorization or a license or any of its officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation has been found by the commission to have violated any of the provisions of this chapter or any rule promulgated thereunder governing the operation of commuter van services, commuter vans and commuter van drivers; or

   (2) the holder of an authorization or a license or any of its officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation has made a material false statement or concealed a material fact in connection with the filing of any application or certification pursuant to this chapter or has engaged in any fraud or misrepresentation in connection with rendering transportation service; or

   (3) the holder of an authorization or a license or any of its officers, principals, directors, or stockholders owning more than ten percent of the outstanding stock of the corporation has not paid any penalty duly imposed pursuant to the provisions of this chapter or any rule promulgated hereunder; or

   (4) the holder of an authorization or a license or any of its officers, principals, directors, or stockholders owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which, in the judgment of the commission, has a direct relationship to such person’s fitness or ability to perform any of the activities for which an authorization or a license is required under this chapter, or has been convicted of any other offense which under the provisions of article twenty-three-a of the correction law, would provide a basis for the commission to refuse to renew, or to suspend or revoke, such authorization or license; or

   (5) the holder of an authorization or a license has failed to maintain the conditions of operation applicable to the particular authorization or license as provided in this chapter; or

   (6) the holder of an authorization or a license or any of its officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation has been found to have violated any of the provisions of section 8-107 of the code concerning unlawful discriminatory practices in public accommodations in the operation of a commuter van service or a commuter van.

  1. Notwithstanding the foregoing provisions, the chairperson of the commission may immediately suspend any authorization to operate a commuter van service or commuter van license or commuter van driver’s license issued under this chapter without a prior hearing where the chairperson determines that the continued possession of such authorization or license poses a serious danger to the public health, safety or welfare, provided that after such suspension an opportunity for a hearing shall be provided on an expedited basis, within a period not to exceed fourteen days.
  2. Where the commission suspends or revokes an authorization to operate a commuter van service pursuant to this section:

   (1) any commuter van license which has been issued as part of such authorization shall be deemed suspended or revoked, as the case may be, where the suspension or revocation of the authorization to operate a commuter van service was based, in whole or in part, upon thhe operation of such commuter van; or

   (2) any commuter van license which has been issued as part of such authorization shall continue to be valid in accordance with its terms where the suspension or revocation of the authorization to operate a commuter van service was not based, in whole or in part, upon the operation of such commuter van; provided, however, that such commuter van shall not be operated in the course of operations of such commuter van service unless and until such commuter van operates as part of a current, valid authorization to operate a commuter van service; provided, further that any such commuter van which operates without being part of a current, valid authorization to operate a commuter van service shall be deemed to be operating without a commuter van license and shall be subject to any and all of the penalties that may be imposed under this chapter for the unlicensed operation of commuter vans, including seizure and forfeiture as provided in sections 19-529.2 and 19-529.3 of this chapter.

  1. Notwithstanding any other provision of law, any person who has had an authorization to operate a commuter van service revoked by the commission pursuant to this section shall not be permitted to apply for an authorization to operate a commuter van service under this chapter for a period of six months after the date of such revocation.
  2. The commission shall notify the holder of an authorization to operate a commuter van sevice of all violations issued to any driver or vehicle operating pursuant to such authorization.

§ 19-505 General provisions for licensing of drivers.

  1. No person shall drive any motor vehicle for hire which is regulated by the provisions of this chapter without first obtaining from the commission:

   (i) a taxicab or universal driver’s license, if the vehicle driven is a taxicab; or

   (ii) a coach driver’s license, if the vehicle driven is a coach; or

   (iii) a for-hire vehicle or universal driver’s license, if the vehicle driven is a for-hire vehicle; or

   (iv) a wheelchair accessible van driver’s license, if the vehicle driven is a wheelchair accessible van; or

   (v) a commuter van driver’s license, if the vehicle driven is a commuter van.

The issuance of a license to a person to drive any one of the aforementioned licensed vehicles shall not entitle such person to drive any other such licensed vehicle without first obtaining the additional appropriate driver’s license, except that a person who has obtained a universal driver’s license shall be entitled to drive a taxicab and for-hire vehicle without obtaining an additional commission-issued driver’s license. The commission shall not issue taxicab driver’s licenses or for-hire vehicle driver’s licenses. Each taxicab driver’s license and for-hire vehicle driver’s license issued and in effect, including any such license which is suspended, shall be deemed a universal driver’s license. For purposes of this section, a universal driver’s license is a license which authorizes a driver to drive taxicabs and for-hire vehicles.

  1. Each applicant for a license, other than a commuter van driver’s license must:

   1. Hold a New York state chauffeur’s license.

   2. Be nineteen years of age or over.

   3. Be of sound physical condition with good eyesight and no epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him or her unfit for the safe operation of a licensed vehicle.

   4. Be fingerprinted.

   5. Be of good moral character.

   6. Not be addicted to the use of drugs or intoxicating liquors.

  1. Applications for driver’s licenses must be filed as directed by the commission, and must be accompanied by the required license fee. Such application shall be on a form provided by the commission and contain such information as the commission deems reasonably necessary.
  2. Each applicant for a driver’s license under the provisions of this chapter, other than a commuter van driver’s license, shall be examined as to his or her physical condition by a duly licensed physician designated by the commission; each such applicant shall also be examined by the commission as to his or her knowledge of the city, as well as city and state laws governing the idling of engines, and if the result of any of these examinations is unsatisfactory, he or she shall be refused a license.
  3. Each applicant for a driver’s license must file with his or her application two recent photos of such applicant of a size which may be easily attached to his or her license, one of which shall be attached to the license when issued and the other filed with the application in the office of the commission.
  4. Upon satisfactory fulfillment of the applicable requirements, there shall be issued to the applicant a driver’s license which shall be in such form as the commission may direct.
  5. Original driver’s licenses and renewals thereof shall be valid for a period of not less than one year nor more than three years.
  6. The commission may renew a driver’s license provided the driver shall have made application on the prescribed form during the period which the commission shall designate, and the commission may require the same standards and tests as are applicable for original applications.
  7. The commission may revoke any driver’s license for nonuse, in the event it shall determine that the driver has not worked at least twenty-five days as a licensed driver in the calendar year preceding the calendar year in which such determination is made, provided that such failure to work as a licensed driver shall not have been caused by strike, riot, war or other public catastrophe. However, in the event that it is shown to the commission by competent proof that a driver has been disabled through illness, his or her license shall not be revoked because of such nonuse as provided in this subdivision.
  8. Fees shall be paid by each applicant for a driver’s license, as determined by the commission, but not to exceed the following: For each original one-year license $84.00. For renewal of a one year period $84.00. The fee for an original license or a renewal thereof shall be paid at the time of filing the applications and shall not be refunded in the event of disapproval of the application. An additional fee not exceeding twenty-five dollars shall be paid for each license issued to replace a lost or mutilated license. There shall be an additional fee of twenty-five dollars for late filing of a license renewal application where such late filing is permitted by the commission.
  9. Every driver who has obtained a license pursuant to this section shall comply with the rules and regulations promulgated by the commission for drivers of the type of vehicle for which the driver is licensed.
  10. The commission may, after a hearing, suspend or revoke any driver’s license for failure to comply with any provision of this chapter applicable to licensed drivers or for failure to comply with the commission’s rules and regulations.
  11. Notwithstanding any other provision of this section, the commission shall not issue a commuter van driver’s license to an applicant unless the applicant: (1) has been fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services for which the applicant shall pay any processing fee required by the state division of criminal justice services; (2) satisfies the commission that such applicant is fit and able to drive the commuter van for which the license is sought; (3) possesses a commercial driver’s license which pursuant to the vehicle and traffic law is valid for the operation of such commuter van for the transportation of passengers for-hire; (4) has met the qualifications set forth in article nineteen-A of the vehicle and traffic law for the operation of a bus as defined in such article; and (5) has not engaged in any conduct that would be a basis for suspension or revocation of such license pursuant to rules promulgated by the commission.
  12. The commission shall approve or disapprove an application for the issuance of a commuter van driver’s license within one hundred eighty days after the completed application is filed. The failure to approve or disapprove such application within such time shall be deemed a disapproval of such application.
  13. Every commuter van driver’s license shall be issued on the condition that the applicant possesses a commercial driver’s license and complies with article nineteen-A of the vehicle and traffic law as described in paragraphs three and four of subdivision m of this section during the time that such commuter van driver’s license is in effect. Notwithstanding any other provision of law, suspension or revocation of such commercial driver’s license pursuant to the vehicle and traffic law or noncompliance with article nineteen-A of the vehicle and traffic law shall render the commuter van driver’s license suspended on and after the date of the suspension or revocation of such commercial driver’s license or noncompliance with such article nineteen-A and during the period of such suspension revocation or noncompliance, and any person who drives a commuter van that is required to be licensed pursuant to section 19-504 of this chapter during the period of such suspension revocation or noncompliance shall be deemed to be driving a commuter van without a license required by this section.
  14. Any commuter van driver’s license issued pursuant to this section shall be revoked after the holder of such license has had an opportunity for a hearing in accordance with procedures to be established by the commission and such holder is found to have failed to comply with paragraph two of subdivision a of section 19-529.1 of this chapter three times within a period of six months.
  15. Not more than one hundred eighty days following the enactment of this subdivision, the commission shall develop and commence a program to notify drivers of all vehicles licensed by the commission that facilitating sex trafficking with a vehicle is illegal. Such program shall inform such drivers of the specific laws defining and proscribing such facilitation, including the provisions of this section and section 19-507 of this chapter, and of article 230 of the penal law, and shall inform such drivers of the civil and criminal penalties associated with such facilitation, including but not limited to monetary penalties, license revocation and incarceration. Such program shall also provide information to such drivers about the resources available to assist victims of sex trafficking. Such program shall also inform such drivers that they may not refuse fares solely based on the appearance of an individual and that it is unlawful to refuse a fare based upon an individual’s actual or perceived sexual orientation or gender, whether or not an individual’s gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to an individual at birth, as set forth in chapter one of title eight of this code. Such program may be presented through live instruction, video or an interactive computer course, and shall be updated regularly to reflect changes in law or other relevant circumstances. Completion of such program shall be a requirement for initial licensure and subsequent license renewal for such drivers, except that any driver who has completed such program at least once may subsequently satisfy the requirements of this subdivision, at the discretion of the commission, by reviewing written materials, to be developed by the commission, that contain the information in such program. All drivers licensed by the commission shall be required to certify that they have completed such program or received and reviewed such written materials.
  16. Any procedures established by the commission to determine the ability of an applicant for a universal driver’s license to speak and understand English shall not include a written examination.

§ 19-506 [Regulations and enforcement.]

  1. Regulations and Enforcement. Except as provided by section 19-512.1, the commission may impose reasonable fines and/or suspend or revoke any license issued by the commission where the holder has failed to comply with or has willfully or knowingly violated any of the provisions of this chapter or a rule or regulation of the commission after adjudication of such violation by the administrative tribunal established by the commission in accordance with section 2303 of the New York city charter.
    1. Except as provided in paragraph 2 of this subdivision, any person who shall permit another to operate or who shall knowingly operate or offer to operate for hire any vehicle as a taxicab, coach, wheelchair accessible van, commuter van, HAIL vehicle or for-hire vehicle in the city, without first having obtained or knowing that another has obtained a license for such vehicle pursuant to the provisions of section 19-504 of this chapter, shall be guilty of a violation, and upon conviction in the criminal court shall be punished by a fine of not less than one thousand dollars or more than two thousand dollars or imprisonment for not more than sixty days, or both such fine and imprisonment. This paragraph shall apply to the owner of such vehicle and, if different, to the operator of such vehicle.

   2. Any person who shall permit another to operate or who shall knowingly operate or offer to operate for hire any vehicle licensed as a taxicab, coach, wheelchair accessible van, HAIL vehicle or for-hire vehicle in the city in a manner that is beyond the scope of the activities permitted by such vehicle’s license shall be guilty of a violation, and upon conviction in the criminal court shall be punished by a fine of not less than four hundred dollars nor more than one thousand dollars, or imprisonment for not more than sixty days or both such fine and imprisonment. This paragraph shall apply to the owner of such vehicle and, if different, to the operator of such vehicle.

   3. Where a violation of this chapter or any rules promulgated thereunder is committed using a vehicle which is owned by a rental vehicle company and has been rented or leased by such rental vehicle company, it shall be an affirmative defense that the rental vehicle company did not know or have any reason to know that the person to whom it was rented or leased would operate or offer to operate for hire such vehicle as a taxicab, coach, wheelchair accessible van or for-hire vehicle in the city. For purposes of this subdivision, a “rental vehicle company” shall be defined as any person or organization or any subsidiary or affiliate, including a franchisee, in the business of providing rental vehicles to the public.

    1.    No person shall operate or permit to be operated any vehicle bearing the words “hack,” “taxi,” “taxicab,” “cab,” “coach,” “for hire vehicle,” “livery,” “limousine,” “commuter van service,” “van service,” “commuter van,” “van” or other designation of similar import unless the vehicle is licensed as a taxicab, coach, for-hire vehicle, or commuter van, as appropriate, and the driver has an appropriate driver’s license under this chapter, and in the case of a commuter van service, such person has an authorization to operate a commuter van service nor shall any person advertise or hold himself or herself out as doing business as a taxi, taxicab, hack or coach service unless he or she holds a vehicle license and medallion for each vehicle used therefor, nor shall any person advertise or hold himself or herself out as doing business as a “limousine service,” “livery service,” a “for-hire vehicle service,” or other similar designation unless a for-hire vehicle license is in effect for each vehicle used therefor, nor shall any person advertise or hold himself or herself out as doing business as a “commuter van service,” “van service,” “commuter van,” “van” or other designation of similar import unless such person is authorized to operate a commuter van service and a commuter van license is in effect for each vehicle used therefor as required by this chapter, nor shall any person advertise or hold himself or herself out as doing business as a wheelchair accessible van service or other similar designation unless a wheelchair accessible van license is in effect for each vehicle used therefor.

   (2) Any person required to obtain a license under this chapter shall conspicuously state in all print and broadcast advertising, with respect to such licensed activity, the vehicle license number and that the activity is licensed by the commission; provided, however, that as applied to the owner of a for-hire vehicle base station, or wheelchair accessible van base station, such license number shall be the number of the license issued to such base station; provided further, that the requirement of this subdivision respecting the display of vehicle license numbers in print and broadcast advertising shall not apply to any owner of five or more taxicabs. No person who is required to obtain authorization to operate a commuter van service under this chapter shall advertise in print or in a broadcast medium the activity for which authorization is required without conspicuously stating in such advertising the commuter van service authorization number and that the activity is licensed by the commission.

  1. Any person, other than a person holding a driver’s license issued pursuant to section 19-505 and a New York state class A, B, C or E license, neither of which is revoked or suspended, who drives or operates for hire a licensed vehicle in the city except a commuter van, shall be guilty of a violation, and upon conviction in the criminal court, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or imprisonment for a term not exceeding thirty days, or both such fine and imprisonment.
    1. In addition to or as an alternative to the penalties provided for the violation of the provisions of paragraph one of subdivision b or subdivision d of this section, any person who shall violate such provisions shall, for the first violation, be liable for a civil penalty of one thousand five hundred dollars, and for the second violation committed within a thirty six month period, for a civil penalty of two thousand dollars.

   (2) As an alternative to the penalties provided for the violation of the provisions of paragraph two of subdivision b or subdivision c of this section, any person who shall violate such provisions shall be liable for a civil penalty of not less than two hundred dollars nor more than one thousand five hundred dollars for each violation.

   (3) A proceeding to impose a civil penalty prescribed in paragraphs one or two of this subdivision or in subdivision f of this section shall be commenced by the service of a notice of violation returnable before the commission or an administrative tribunal of the commission. The commission or such tribunal, after a hearing as provided by the rules of the commission or its successor agency, shall have the power to enforce its decisions and orders imposing such civil penalties as if they were money judgments pursuant to subdivision c of section two thousand three hundred three of the charter.

  1. As an alternative to the penalties provided for the violation of subdivision c of this section, the commission, after notice and hearing, shall be authorized to impose the civil penalties provided in this subdivision upon any person found to have advertised in print or in a broadcast medium in violation of such subdivision, provided, however, that such civil penalties may be imposed only when such person was not licensed by the commission at the time of such violation. Such penalties shall be levied for each broadcast in violation of such subdivision and shall be not less than one hundred dollars nor more than five hundred fifty dollars for each such broadcast. Such penalties for printed advertisements shall be levied for each publication and shall be determined based on the period of time the publication in which the advertisement appears remains current. The current period shall be determined as that time when a publication is initially offered for sale or distribution until the period when the next dated publication is offered for sale or distribution. In no case shall this period be less than twenty-four hours. If the current period is: daily, such penalty shall be not less than one hundred dollars nor more than five hundred dollars per day; weekly, such penalty shall be not less than two hundred fifty dollars nor more than seven hundred fifty dollars; greater than one week and not more than one month, such penalty shall be not less than seven hundred fifty dollars nor more than one thousand dollars; and greater than one month, such penalty shall be not less than one thousand dollars nor more than two thousand dollars.
  2. The commission shall undertake a public awareness campaign advising the public to patronize only licensed taxicabs and for-hire vehicles and, when selecting a taxicab or for-hire vehicle from an advertisement, to look for the commission license number in any such advertisement.
    1.    Any officer or employee of the commission designated by the chairperson of the commission and any police officer may seize any vehicle which he or she has probable cause to believe is operated or offered to be operated without a vehicle license in violation of paragraph one of subdivision b of this section or without an appropriate vehicle license for such operation in violation of paragraph two of subdivision b or of subdivision c or subdivision k of this section. Therefore, either the commission or an administrative tribunal of the commission at a proceeding commenced in accordance with subdivision e of this section, or the criminal court, as provided in this section, shall determine whether a vehicle seized pursuant to this subdivision was operated or offered to be operated in violation of any such subdivision. The commission shall have the power to promulgate regulations concerning the seizure and release of vehicles and may provide in such regulations for reasonable fees for the removal and storage of such vehicles. Unless the charge of violating subdivision b, c or k of this section is dismissed, no vehicle seized pursuant to this subdivision shall be released until all fees for removal and storage and the applicable fine or civil penalty have been paid or a bond has been posted in a form and amount satisfactory to the commission, except as is otherwise provided for vehicles subject to forfeiture pursuant to paragraph two of this subdivision.

   (2) In addition to any other penalties provided in this section, if the owner is convicted in the criminal court of, or found liable in accordance with subdivision e of this section for, a violation of paragraphs one or two of subdivision b or of subdivision c or subdivision k of this section two or more times, and all of such violations were committed on or after the effective date of this section and within a thirty-six month period, the interest of such owner in any vehicle used in the commission of any such second or subsequent violation shall be subject to forfeiture upon notice and judicial determination. Notice of the institution of the forfeiture proceeding shall be in accordance with the provisions of the civil practice law and rules. The penalties provided for in this paragraph shall also apply to any owner who has been convicted of or found liable for one violation of paragraphs one or two of subdivision b or of subdivision c or subdivision k of this section at the time the local law that added this paragraph was enacted and who commits another violation within thirty-six months of the first violation.

   (3) Except as hereinafter provided, the city agency having custody of a vehicle after judicial determination of forfeiture, shall, no sooner than thirty days after such determination and upon a notice of at least five days, sell such forfeited vehicle at public sale. Any person, other than an owner whose interest is forfeited pursuant to this section, who establishes a right of ownership in a vehicle, including a part ownership or security interest, shall be entitle* to delivery of the vehicle if such person;

      (A) redeems the ownership interest which was subject to forfeiture by payment to the city of the value thereof;

      (B) pays the reasonable expenses of the safekeeping of the vehicle between the time of seizure and such redemption; and

      (C) either (i) asserts a claim in the forfeiture proceeding, or (ii) submits a claim in writing to the commission within thirty days after judicial determination of forfeiture.

   (4) Notwithstanding the provisions of paragraph three of this subdivision, establishment of a right of ownership shall not entitle a person to delivery of a vehicle if the city establishes in the forfeiture proceeding or in a separate administrative adjudication of a claim asserted pursuant to subparagraph (C) of paragraph three of this subdivision that the violations of subdivision b, c or k of this section upon which the forfeiture is predicated were expressly or impliedly permitted by such person. The commission or successor agency shall promulgate rules and regulations setting forth the procedure for such an administrative adjudication, which shall include provision for a hearing.

   (5) For purposes of this subdivision, the term “owner” shall mean an owner as defined in section one hundred twenty-eight and in subdivision three of section three hundred eighty-eight of the vehicle and traffic law.

   (6) The provisions of this subdivision shall not apply to the seizure and forfeiture of commuter vans which shall be governed by sections 19-529.2 and 19-529.3 of this chapter.

    1. Notwithstanding any inconsistent provision of this chapter, any person who violates any provision of this chapter or any rule promulgated hereunder applicable to commuter van services, commuter vans or drivers of commuter vans shall be subject to a civil penalty in an amount to be prescribed by the commission by rule for specific violations which amount shall be one thousand dollars for a first violation and twenty-five hundred dollars for a second and subsequent violation committed within two years of a first violation. Where such violation involves the operation of a commuter van service without the authorization required by this chapter, the operation of a commuter van without the license required by this chapter or the operation of a commuter van that is not pursuant to a current, valid authorization to operate a commuter van service, such person shall be liable for a civil penalty of not less than one thousand dollars and not more than three thousand dollars, and for a subsequent violation committed within two years of the first violation, such person shall be liable for a civil penalty of not less than two thousand dollars and not more than four thousand dollars.

   (2) A proceeding to impose such civil penalty shall be commenced by the service of a notice of violation returnable before the commission or an administrative tribunal of the commission. Such civil penalties shall be imposed after a hearing in accordance with the rules of the commission.

   (3) Except as otherwise provided in paragraph four of this subdivision, civil penalties imposed by the commission or such tribunal may be recovered by the corporation counsel in a civil action in any court of competent jurisdiction.

   (4) Decisions and orders of the commission or such tribunal imposing civil penalties for violations relating to, the operation of commuter van service without authorization and the operation of unlicensed commuter vans and unlicensed drivers of commuter vans may be entered and enforced as if they were money judgments of a court pursuant to subdivision c of section two thousand three hundred three of the charter.

   (5) Notices of violation which are returnable to the commission or such tribunal may be served by any officers or employees designated by the commission, any police officer or any authorized officers or employees of the department of transportation or the New York city transit authority.

  1. Where the commission or administrative tribunal thereof finds an owner liable for operating a vehicle as a commuter van without an authorization to operate a commuter van service or without a commuter van license, the commission shall notify the New York state commissioner of motor vehicles pursuant to subparagraph four of paragraph a of subdivision five of section eighty of the New York state transportation law of such finding. Upon such notification, the commissioner of motor vehicles, pursuant to such subparagraph four, shall thereupon suspend the registration of such vehicle and shall deny any application for the registration of such vehicle or any application for the renewal thereof pursuant to subdivision five-a of section four hundred one of the vehicle and traffic law until such time as the commission may give notice that the violation has been corrected to its satisfaction. Operation of any motor vehicle for which the registration has been suspended as herein provided shall constitute a class A misdemeanor. The commission shall also notify the department of finance where it finds an owner liable for operating a vehicle as a commuter van without an authorization to operate a commuter van service or without a commuter van license.
  2. No driver of any vehicle with a valid HAIL license shall accept a passenger by street hail within the city of New York from a location where street hails by such vehicles are not permitted.

   (i) A violation of this subdivision shall be punishable by a fine of five hundred dollars for the first violation. A violation of this subdivision shall be punishable by a fine of seven hundred fifty dollars when a driver has been convicted of a violation of this subdivision within the immediately preceding twenty-four months. A violation of this subdivision shall result in revocation of the driver’s license issued pursuant to paragraphs (i) and (iii) of subdivision a of section 19-505 of this chapter when such violation is committed by a driver who has previously been convicted of two violations of this section within the immediately preceding one hundred twenty months.

   (ii) A finding that a driver has committed a violation of this subdivision shall be evidence that the owner or operator holding the HAIL license with respect to the vehicle in which such violation was committed failed to make a reasonable good faith effort to deter the commission of such violation. A driver’s third conviction of this subdivision within one hundred twenty months shall result in revocation of a HAIL license if each such violation occurred in a vehicle subject to a HAIL license held by such owner or operator of one or more of such HAIL licenses. The New York city taxi and limousine commission or successor agency shall advise such owner or operator holding the HAIL license of his or her potential liability pursuant to this section upon a finding that a violation of paragraph (i) of this subdivision was committed in a vehicle with a valid HAIL license.

  1. A person is guilty of unlawful fleeing a New York city taxi and limousine enforcement officer or police officer when, knowing that he or she has been directed to remain stopped by a New York city taxi and limousine enforcement officer or police officer, the driver of a vehicle operating pursuant to a HAIL license who is stopped in a zone where he or she is not permitted to pick up street hails thereafter attempts to flee such officer by setting the vehicle in motion and either travels over three hundred feet without stopping or engages in conduct constituting reckless driving as defined in section twelve hundred twelve of the vehicle and traffic law. Unlawful fleeing a New York city taxi and limousine enforcement officer or police officer is a misdemeanor punishable by a fine of not less than seven hundred fifty dollars nor more than one thousand dollars, or by imprisonment of not more than ninety days or by both such fine and imprisonment. Notwithstanding any contrary provision of law, any charge alleging a violation of this subdivision shall be returnable before a court having jurisdiction over misdemeanors.
  2. On or before February 1, 2013 and on a quarterly basis thereafter, the commission shall post on its website and provide to the council a report for the prior quarter that includes, at a minimum, the following information, subject to the manner that such data is available: (i) the number of criminal actions commenced pursuant to paragraph one of subdivision b of this section; (ii) the number of criminal actions commenced pursuant to paragraph two of subdivision b of this section; (iii) the number of civil actions commenced pursuant to paragraph one of subdivision e of this section; (iv) the number of civil actions commenced pursuant to paragraph two of subdivision e of this section; and (v) the number of vehicles seized pursuant to paragraph one of subdivision h of this section, disaggregated by whether such vehicle was seized for a violation of paragraph one or two of subdivision b of this section. Such report shall also be disaggregated by borough and precinct.
  3. A person who holds a commuter van license must not allow such commuter van to be operated by a driver who does not hold a commuter van driver’s license issued pursuant to section 19-505. A violation of this subdivision shall result in a civil penalty of $500 and suspension of the commuter van license until the person who holds such license submits an affirmation to the commission affirming that the vehicle which gave rise to such violation will only be operated by a driver who holds a commuter van driver’s license issued pursuant to section 19-505.

§ 19-506.1 Administrative Tribunal.

  1. If the commission is unable to produce a complaining witness in person, where such witness’ credibility is relevant to the charges made in the notice of violation, the commission shall make reasonable efforts to make such witness available during the hearing by videoconferencing or teleconferencing. If the complaining witness is not available during a hearing, the commission shall produce a statement outlining its efforts to produce such witness. An administrative law judge shall examine such statement and if he or she decides the commission’s efforts to produce the complaining witness were inadequate, the administrative law judge shall dismiss the notice of violation.
  2. Hearings where the commission seeks the revocation of a commission issued license for a rule violation that does not provide for the mandatory revocation of such license as a penalty shall be conducted before the office of administrative trials and hearings and shall be subject to the procedures of that tribunal. The commission may authorize other hearings to be conducted before the office of administrative trials and hearings.
  3. If a respondent timely files to appeal a decision of the administrative tribunal, any fines imposed by the administrative tribunal shall be stayed until a decision is made in such appeal, provided that the commission shall not be required to refund any fines paid before respondent made his or her appeal unless such appeal is successful. The administrative tribunal shall expedite any appeal involving a suspension or revocation of a commission issued license.
  4. If, for the purposes of appealing a decision, a respondent requests a copy of the hearing recording, such recording shall be produced to such respondent within thirty days after receipt of a written request from such respondent. If the commission cannot produce the recording within the thirty day period, the determination being appealed shall be dismissed without prejudice.
  5. Notwithstanding any other laws, rules or regulations, where a respondent fails to appear at a scheduled hearing, such respondent shall have two years from the entry of any determination to move to vacate such determination and seek a new hearing. After mailing a notice of default to a respondent, the commission shall prepare a record containing the name of the person who mailed such notice, and the date, time and method used to mail such notice. The commission shall make such record available upon request to such respondent.

§ 19-507 Mandatory penalties.

  1. The commission or successor agency shall fine any driver, or suspend or revoke the driver’s license of any driver, as provided in subdivision b of this section, who shall have been found in violation of any of the following:

   1. No driver of a taxicab shall seek to ascertain, without justifiable grounds, the destination of a passenger before such passenger shall be seated in the vehicle.

   2. No driver of a taxicab shall refuse, without justifiable grounds, to take any passenger or prospective passenger to any destination within the city.

   3. No driver of a vehicle the fares of which are set by the commission or successor agency shall charge or attempt to charge a fare above the fare set by the commission or successor agency.

   4. No driver of a for-hire vehicle, other than a driver operating a for-hire vehicle with a valid HAIL license, shall accept passengers unless the passengers have engaged the use of the for-hire vehicle on the basis of telephone contract or prearrangement.

      1. Any driver who has been found to have violated a provision of paragraph 1, 2, or 3 of subdivision a of this section, or any combination thereof, shall be fined not less than $200 nor more than $500 for the first offense. Any driver who has been found in violation of any of the provisions of such paragraphs, or any combination thereof, for a second time within a 24 month period shall be fined not less than $350 nor more than $1,000, and the commission may suspend the driver’s license of such driver for a period not to exceed 30 days. Any driver who has been found to have violated any of the provisions of such paragraphs, or any combination thereof, three or more times within a 36 month period shall be fined not more than $1,000 for each such third or subsequent offense, and the commission shall revoke the driver’s license of such driver.

      (b) Any driver who has been found to have violated any of the provisions of paragraph 4 of subdivision a of this section shall be fined not less than $200 nor more than $350 for the first offense. Any driver who has been found in violation of any of the provisions of such paragraph for a second time within a 24 month period shall be fined not less than $350 nor more than $500, and the commission may suspend the driver’s license of such driver for a period not to exceed 30 days. The commission shall revoke the driver’s license of any driver who has been found to have violated any of the provisions of paragraph 4 of such subdivision three or more times within a 36 month period.

   2. Notwithstanding the provisions of paragraph one of this subdivision, the commission shall revoke the driver’s license of any person found to have violated paragraph three of subdivision a of this section by charging or attempting to charge a fare of ten dollars or more above the approved rate of fare for taxicabs.

   3. Any driver or vehicle owner of a vehicle licensed by the commission or base station licensee who facilitates sex trafficking with a vehicle shall be liable for a civil penalty of ten thousand dollars, and the commission shall revoke the license of such driver, the license of the vehicle used to commit such facilitation when the person who facilitated sex trafficking is the owner of such vehicle, and the license of the base station licensee when such base station licensee committed such facilitation and the vehicle used to commit such facilitation was affiliated with the base station licensed by such licensee at the time such offense was committed.

  1. The commission shall not issue any license under this chapter to any person who has had his or her driver’s license revoked pursuant to subdivision b of this section prior to a period of one year from the date of such revocation.
    1. Each owner shall make a reasonable good faith effort, by a driver education program or other affirmative measures, to deter the commission of violations of paragraphs one, two and three of subdivision a of this section by drivers of taxicabs for which such owner holds a vehicle license. A finding that a driver has committed a violation of any such paragraph shall create a rebuttable presumption that the owner holding the vehicle license for the taxicab in which such violation was committed has failed to make a reasonable good faith effort to deter the commission of such violation. In any proceeding for a violation of this paragraph, it is an affirmative defense that the owner made a reasonable good faith effort, by a driver education program or other affirmative measures, to deter the commission of violations of paragraphs one, two and three of subdivision a of this section. The commission shall advise an owner in writing of his or her potential liability pursuant to this subdivision upon a finding that a violation of such paragraph was committed in a taxicab for which such owner holds a vehicle license.

   2. If the owner holding a vehicle license for a taxicab or taxicabs in which a driver or drivers have been found to have committed violations of paragraphs one, two or three of subdivision a of this section, or any combination thereof, is found not to have made a reasonable good faith effort to deter such violation, the owner shall be liable for a violation of paragraph one of this subdivision as follows:

      (i) for the second violation of paragraphs one, two or three of subdivision a of this section, or any combination thereof, committed in a taxicab or taxicabs for which the owner holds a vehicle license or licenses, the commission shall fine the owner two hundred dollars;

      (ii) for the third violation of paragraphs one, two or three of subdivision a of this section, or any combination thereof, committed in a taxicab or taxicabs for which the owner holds a vehicle license or licenses, the commission shall fine the owner not less than two hundred dollars nor more than three hundred fifty dollars;

      (iii) for the fourth and each subsequent violation of paragraphs one, two or three of subdivision a of this section, or any combination thereof, committed in a taxicab or taxicabs for which the owner holds a vehicle license or licenses, the commission shall fine the owner not less than three hundred fifty nor more than five hundred dollars;

      (iv) for the fifth and each subsequent violation of paragraphs one, two or three of subdivision a of this section, or any combination thereof, committed in a taxicab or taxicabs for which the owner holds a vehicle license or licenses, the commission shall suspend the vehicle license of the taxicab used in the commission of the most recent violation for a period not to exceed sixty days. For purposes of this paragraph, the obligation to have made a “reasonable good faith effort” shall be met if the owner, upon the hiring of each new driver and for all drivers, shall, at least once annually, distribute a copy of applicable commission rules to each driver and obtains a written receipt therefore. The commission shall supply owners with a copy of all such applicable rules. In addition, such rules shall be conspicuously posted by the owner at the owner’s place of business so that they are readily visible to all drivers.

   3. The commission shall promulgate rules and regulations setting forth the procedure for an administrative adjudication of violations of paragraph one of this subdivision, which shall include provision for notice and a hearing.

  1. The term “without justifiable ground” used in paragraphs one and two of subdivision a of this section shall mean that standard of behavior which fails to conform to that of a reasonable and prudent person acting in compliance with any regulations promulgated by the commission.
  2. The commission may suspend or revoke the license of any person whom it determines has obtained a license by fraud or false representation, or willful misstatement or omission of a material fact.

§ 19-507.1 Persistent Violators of Rules Relating to Drivers of Taxicabs and For-Hire Vehicles.

    1.    Any taxicab or for-hire vehicle driver may attend a remedial or refresher course approved by the commission. Upon presentation to the commission of proof of satisfactory completion of a commission-approved course by such driver, three points shall be deducted from the number of points assessed under the persistent violators program against his or her commission-issued driver’s license, except as otherwise provided in this paragraph. A taxicab or for-hire vehicle driver shall be eligible for a point reduction pursuant to this subdivision only once within a five-year period. In the event no such approved course is available at the time such driver seeks to enroll, such driver may take a course provided for in paragraph one of subdivision c of section 19-507.2 of this chapter. In such instance, completion of a course taken pursuant to this paragraph or pursuant to paragraph one of subdivision c of section 19-507.2 shall result in the removal of three points from either the number of points accrued under the persistent violators program or from the number of points accrued under the critical drivers program, but not from both, upon the election of the driver who completes such course.

   (2) Notwithstanding the provisions of paragraph one of this subdivision, no point reduction shall affect any suspension or revocation action which may be taken by the commission pursuant to this program prior to the completion of the course and no taxicab or for-hire vehicle driver shall receive a point reduction unless attendance at the course is voluntary on the part of the driver.

  1. Any taxicab or for-hire vehicle driver who has been found guilty of violations of the commission’s rules such that six or more points but fewer than ten points have been assessed against his or her commission-issued driver’s license within any fifteen-month period and whose license has not been revoked shall have his or her commission-issued driver’s license suspended for up to thirty days.
  2. Any taxicab or for-hire vehicle driver who has been found guilty of violations of the commission’s rules such that ten or more points have been assessed against his or her commission-issued driver’s license within any fifteen-month period shall have his or her commission-issued driver’s license revoked.
  3. For the purposes of assessing points against the license of a taxicab or for-hire vehicle driver, where a taxicab or for-hire vehicle driver has been found guilty of multiple violations arising from a single enforcement action by an authorized enforcement agent, such driver shall be deemed guilty of the single violation having the highest point assessment.
  4. A taxicab or for-hire vehicle driver shall not be subject to an assessment of points against his or her commission-issued driver’s license or the imposition of duplicate penalties where the same act is a violation under provisions of law other than commission rules and where such violations duplicate each other or are substantively the same and any such driver may be issued only one summons or notice of violation for such violation. Points assessed pursuant to section 19-507.2 of this chapter may, pursuant to subdivisions i and j of this section, be added to points assessed by the commission under this section for violations of commission rules.
  5. It shall be an affirmative defense that the act which formed the basis for the violation was beyond the control and influence of the taxicab or for-hire vehicle driver.
  6. Any violation issued to a taxicab driver or owner for meter-tampering shall be served on the licensee by personal delivery or by certified and regular mail within five calendar days of its issuance. The licensee shall have an opportunity to request a hearing before the commission or other administrative tribunal of competent jurisdiction within ten calendar days after receipt of any such notification. Upon request such hearing shall be scheduled within ten calendar days. If the tenth day falls on a Saturday, Sunday or holiday, the hearing may be held on the next business day. A decision shall be made with respect to any such proceeding within sixty calendar days after the close of the hearing. In the event such decision is not made within that time period, the license or medallion which is the subject of the proceeding shall be returned by the commission to the licensee and deemed to be in full force and effect until such determination is made. It shall be an affirmative defense to any violation for meter-tampering issued to a taxicab driver or owner that such person (i) did not know of or participate in the alleged meter-tampering and (ii) exercised due diligence to ensure that meter-tampering does not occur.
  7. For purposes of subdivision g of this section, examples of an owner’s due diligence shall include, but are not limited to (1) giving to their drivers a clear warning that violations of the meter tampering rules will result in the immediate termination of any lease agreement, the reporting to the commission of driver tampering and the commission’s probable revocation of the driver’s commission-issued driver’s license, (2) including in any written lease agreement provisions containing the warnings against violation of meter tampering rules, (3) stamping warnings about the illegality of meter tampering on the trip cards issued to all drivers of an owner’s taxicabs, (4) having management personnel or mechanics periodically check for proper odometer and meter mileage comparisons in order to determine if there are inappropriate disparities between the two sets of figures, (5) conducting periodic random inspections of the taxicab meter and its wiring for all of its taxicabs to detect any evidence of violation of the meter tampering rules and (6) having all of such owner’s taxicabs inspected by a licensed meter shop once every commission inspection cycle.
  8. Any taxicab or for-hire vehicle driver who has been found guilty of violations such that six or more points but fewer than ten points in total have been assessed within any fifteen-month period against his or her commission-issued driver’s license pursuant to this section and against the driver license issued to such taxicab or for-hire vehicle driver by the department of motor vehicles or an equivalent licensing agency of the driver’s state of residence pursuant to section 19-507.2 of this chapter and whose commission-issued driver’s license has not been revoked shall have his or her commission-issued driver’s license suspended for up to thirty days; provided, however, that only points assessed against a commission-issued driver’s license for violations that threaten the safety of passengers or any other persons, as specified by rule of the commission, may be applied for purposes of this subdivision.
  9. Any taxicab or for-hire vehicle driver who has been found guilty of violations such that ten or more points in total have been assessed within any fifteen-month period against his or her commission-issued driver’s license pursuant to this section and against the driver’s license issued to such taxicab or for-hire vehicle driver by the department of motor vehicles or an equivalent licensing agency of the driver’s state of residence pursuant to section 19-507.2 of this chapter shall have his or her commission-issued driver’s license revoked; provided, however, that only points assessed against a commission-issued driver’s license for violations that threaten the safety of passengers or any other persons, as specified by rule of the commission, may be applied for purposes of this subdivision.

§ 19-507.2 Critical driver program.

  1. Any taxicab or for-hire vehicle driver who has been found guilty of violations such that six or more points have been assessed by the department of motor vehicles or an equivalent licensing agency of the driver’s state of residence against the driver license issued to such taxicab or for-hire vehicle driver within any fifteen-month period and whose commission-issued driver’s license has not been revoked shall have his or her commission-issued driver’s license suspended for thirty days.
  2. Any taxicab or for-hire vehicle driver who has been found guilty of violations such that ten or more points have been assessed by the department of motor vehicles or an equivalent licensing agency of the driver’s state of residence against the driver license issued to such taxicab or for-hire vehicle driver within any fifteen-month period shall have his or her commission-issued driver’s license revoked.
    1.    A taxicab or for-hire vehicle driver shall be eligible to receive a three point reduction in the number of points assessed pursuant to the critical driver program upon the submission to the commission of proof of the satisfactory completion of a motor vehicle accident prevention course approved by the department of motor vehicles. Such point reduction shall be considered in computing the total number of points accumulated by such driver as a result of violations which occurred within fifteen months prior to the date of the completion of the course. In the event that no commission approved course is available pursuant to paragraph one of subdivision a of section 19-507.1 of this chapter, completion of a course taken pursuant to this paragraph shall result in the removal of three points from either the number of points accrued under the persistent violators program or from the number of points accrued under the critical drivers program, but not from both, upon the election of the driver who completes such course.

   (2) Notwithstanding the provisions of paragraph one of this subdivision no point reduction shall affect any suspension or revocation action which may be taken by the commission pursuant to this program prior to the completion of the course. No person shall receive a point reduction more than once in any eighteen month period and no person shall receive a point reduction unless attendance at the course is voluntary on the part of the driver.

§ 19-507.3 Reporting requirements.

  1. An owner shall maintain on file with the commission a current telephone number serviced by an answering machine or recording device, a pager number, telephone answering service number or other information by which telephone contact with the owner or a designated representative may reasonably be expected to be made at all times. An owner or designated representative must respond to any telephone or pager contact from the commission within forty-eight hours.

§ 19-508 Meters, radios and other equipment.

  1. All taxicabs shall be equipped with meters, and the equipment which shall store or transmit for storage fare data, including, but not limited to, the rate of fare and the times or locations such rate of fares were in effect, pick up and drop-off information and any other data as required by the commission. All data required to be stored or transmitted by such equipment shall be made available to the commission in a form and manner as required by the commission. A licensed driver’s fare information, including rate of fare and pickup and drop-off information shall be made available to such driver as required by the commission, at no charge to such drivers. The commission shall prescribe by rule, contract or otherwise, responsibility for compliance with the provisions of this section, and for penalties for non-compliance with such provisions. The commission may permit or require other licensed vehicles to be equipped with the same or different types of meters.
  2. The commission may permit or require the installation of radio or other equipment of specified types in licensed vehicles, except that the commission shall require that all wheelchair accessible vans contain two-way radios where the owner employs a dispatcher, a number of portable or fixed seat belts equal to the maximum capacity of the van, safety ties sufficient to secure any wheelchair or wheelchairs which the van may at any given time be transporting and such other special equipment as the commission shall determine is necessary to insure the safe transportation of physically handicapped persons. The commission shall require the use of a specified frequency for any radio used by licensed vehicles, said frequency to be assigned by the federal communications com- mission.
    1. For purposes of this section, the term “trouble light” shall mean a help or distress signaling light system consisting of a device or devices as designated by the rules of the commission.

   2. Every for-hire vehicle or taxicab placed into operation shall carry a minimum of two spare trouble light devices of a type approved by the commission. In the event that any authorized enforcement agent indicates to a for-hire vehicle or taxicab driver that the vehicle’s trouble light is defective, such driver shall have the opportunity to return such defective trouble light to proper working order by replacing it, or by any other corrective action in the presence of such enforcement agent. If the replacement of a trouble light device, or any other corrective action, restores the trouble light to proper working order, no summons or notice of violation may be issued for operating a for-hire vehicle or taxicab with a defective trouble light. In the event that repair of the defective condition is not made in the presence of such enforcement agent and a summons or notice of violation is issued for a defective for-hire vehicle or taxicab trouble light, such summons or notice of violation shall be dismissed by the adjudicatory body before which such summons or notice of violation is heard if: (a) proof that repair of such defect was made within twenty-four hours of the issuance of the summons or notice of violation is provided to the adjudicatory body and (b) the vehicle was not used for hire during the period of time from when the summons or notice of violation was issued to the time the repair was made.

   3. Any person found to have violated the provisions of this subdivision shall be liable for a fine of one hundred seventy-five dollars for each such violation and in addition thereto the license for such vehicle shall be suspended until the defective condition is corrected.

§ 19-509 Licensing of taximeter business.

  1. It shall be unlawful for any person to engage in the business of manufacturing, selling, repairing and adjusting or calibrating taximeters or taximeter equipment for use upon any licensed vehicle in the city unless he or she shall secure a license therefor from the commission, and such person engaged in the business of installing, repairing, adjusting or calibrating taximeters shall only be licensed if he shall have a place of business within the city large enough simultaneously to accommodate at least three vehicles. Such licenses shall be issued for a period not exceeding one year and shall expire on the thirty-first day of March following the date of issue. The fee for the issuance of each such license shall be five hundred dollars per annum for each place of business licensed provided, however, that upon the issuance of a license for a period of six months or less, the fee shall be one-half the annual fee fixed by the commission.
  2. It shall be unlawful for such person to sell or attach to a licensed vehicle for use within the city a taximeter which does not comply with the rules and regulations established by the commission, and the commission may establish such rules and regulations in respect to the taximeter business as may be reasonable to assure adequate protection of the public and enforcement of the provisions and purposes of this chapter and may require such reports and other information as it deems necessary or advisable. Any person who shall install, repair, adjust or calibrate any taximeter shall securely affix to the inside of the glass window thereon, so as to be clearly legible from the outside, a printed poster bearing his or her license number.
  3. Fees to be charged by persons licensed pursuant to this section shall be subject to approval of the commission. In determining whether any proposed fee or fee schedules shall be approved, the commission shall take into consideration the nature of the service performed, the costs of the licensee, a reasonable profit to the licensee, fees for similar services charged in other communities, and the welfare of the taxicab and taximeter industries.

§ 19-510 Licensing of official inspection stations. [Repealed]

  1. The commission shall require licenses for the operation of two-way radio or other communications systems used for dispatching or conveying information to drivers of licensed vehicles, including for-hire vehicles or wheelchair accessible vans and shall require licenses for base stations, upon such terms as it deems advisable and upon payment of reasonable license fees of not more than five hundred dollars a year. There shall be an additional fee of twenty-five dollars for late filing of a license renewal application where such filing is permitted by the commission.
  2. The operator of a base station shall provide and utilize lawful off-street facilities for the parking and storage of the licensed for-hire vehicles that are to be dispatched from that base station equal to not less than one parking space for every two such vehicles or fraction thereof. The commission shall establish by rule criteria for off-street parking which shall include, but not be limited to, the maximum permissible distance between the base station and such off-street parking facilities and the proximity of such off-street parking facilities and the proximity of such off-street parking facilities to residences and community facilities as defined in the zoning resolution of the city of New York. A license for a new base station shall only be granted where the applicant has demonstrated to the commission prior to the issuance of such license that off-street parking facilities sufficient to satisfy the requirements of this subdivision shall be provided.
  3. Notwithstanding the provisions of subdivision b of this section, a license for a base station which was valid on the effective date of this section shall only be renewed upon the condition that within two years of such renewal the licensee shall provide off-street parking facilities as required by subdivision b of this section.
    1.    No license for a new base station shall be issued unless the applicant demonstrates to the satisfaction of the commission that the applicant will comply with the off-street parking requirements of subdivision b of this section and the commission finds that the operation of a base station by the applicant at the proposed location would meet such other criteria as may be established by the commission. Among the other factors which must be examined and considered by the commission in making a determination to issue a license are the adequacy of existing mass transit and mass transportation facilities to meet the transportation needs of the public any adverse impact that the proposed operation may have on those existing services and the fitness of the applicant. In determining the fitness of the applicant the commission shall consider, but is not limited to considering, such factors as the ability of the applicant to adequately manage the base station, the applicant’s financial stability and whether the applicant operates or previously operated a licensed base station and the manner in which any such base station was operated. The commission shall also consider the extent and quality of service provided by existing lawfully operating for-hire vehicles and taxicabs.

   (2) No license for a new base station shall be issued for a period of three years subsequent to a determination in a judicial or administrative proceeding that the applicant or any officer, shareholder, director or partner of the applicant operated a base station that had not been licensed by the commission.

   (3) In its review of an application for a license to operate a new base station and in its review of an application to renew a base station license the commission shall also consider the possible adverse effect of such base station on the quality of life in the vicinity of the base station including, but not limited to, traffic congestion, sidewalk congestion and noise. In its review of an application to renew a base station license the commission shall also consider whether a determination has been made after an administrative proceeding that the operator has violated any applicable rule of the commission.

   (4) No base station license shall be renewed where it has been determined after an administrative proceeding that the applicant has failed to comply with the off-street parking requirements set forth in subdivision b of this section or as they may have been modified pursuant to subdivision h of this section.

  1. A licensed base station shall at all times have no fewer than ten affiliated vehicles, except that a base station for which a license was first issued prior to January 1, 1988 and which at that time had fewer than ten affiliated vehicles or a base station which has an affiliation with a wheelchair accessible vehicle may have as few as five affiliated vehicles, not including black cars and luxury limousines.
  2. Prior to the issuance of a license for a base station or the renewal of a valid base station license, the applicant shall provide to the commission a bond in the amount of five thousand dollars with one or more sureties to be approved by the commission. Such bond shall be for the benefit of the city and shall be conditioned upon the licensee complying with the requirement that the licensee dispatch only vehicles which are currently licensed by the commission and which have a current New York city commercial use motor vehicle tax stamp and upon the payment by the licensee of all civil penalties imposed pursuant to any provision of this chapter.
  3. Upon receiving an application for the issuance of a license for a new base station or for the renewal of a license for a base station pursuant to this section, the commission shall, within five business days, submit a copy of such application to the council and to the district office of the council member and the community board for the area in which the base station is or would be located.
  4. Notwithstanding the provisions of subdivisions b and c of this section, the commission may reduce the number of required off-street parking spaces or may waive such requirement in its entirety where the commission determines that sufficient lawful off-street parking facilities do not exist within the maximum permissible distance from the base station or an applicant demonstrates to the satisfaction of the commission that complying with the off-street parking requirements set forth in such subdivisions would impose an economic hardship upon the applicant; except that the commission shall not reduce or waive the off-street parking requirements where it has been determined in an administrative proceeding that the applicant, or a predecessor in interest, has violated any provision of section 6-03 of the rules of the commission or any successor thereto, as such may from time to time be amended. A determination to waive or reduce the off-street parking requirements shall be made in writing, shall contain a detailed statement of the reasons why such determination was made and shall be made a part of the commission’s determination to approve an application for a base station license.
  5. The determination by the commission to approve an application for a license to operate a new base station or for the renewal of a license to operate a base station shall be made in writing and shall be accompanied by copies of the data, information and other materials relied upon by the commission in making that determination. Such determination shall be sent to the council and to the district office of the council member within whose district that base station is or would be located within five business days of such determination being made.

§ 19-511.1 Council review.

Any determination by the commission to approve an application for a license to operate a new base station or to renew a license to operate a base station shall be subject to review by the council. Within ninety days of the first stated meeting following receipt of such determination and its accompanying materials, the council may approve or disapprove such determination by local law, after having adopted a resolution to review that determination. In the event that the council fails to act by local law within the ninety day period provided for in this section, the determination of the commission shall remain in effect. Where a base station license would otherwise expire while a determination by the commission to approve a renewal of such license is pending before the council, such license shall remain in full force and effect, unless suspended or revoked by the commission, until either the council has passed a local law to disapprove such determination or the period within which the council may act has elapsed.

§ 19-512 Transferability of taxicab licenses issued pursuant to this chapter.

  1. Any taxicab license issued pursuant to this chapter and any renewals thereof, shall be transferable to a transferee who has demonstrated to the satisfaction of the commission that he is qualified to assume the duties and obligations of a taxicab owner.
  2. An owner’s interest in such taxicab license may be transferred involuntarily and disposed of by public or private sale in the same manner as personal property provided, however, that upon such involuntary transfer the owner’s license shall immediately be cancelled and a new license issued to the purchaser or his or her vendee, provided that such purchaser or vendee satisfied the requirements of subdivision (a) hereof.
  3. The commission may charge a fee of one hundred sixty dollars for its administrative expenses in connection with the transfer (i) of an owner’s interest in a taxicab license transferable pursuant to the provisions of this section or (ii) of the stock in a corporation which is an owner of a taxicab license that is transferable pursuant to the provisions of this section.

§ 19-512.1 Revocation of taxicab, for-hire or HAIL license or licenses.

  1. The commission or successor agency may, for good cause shown relating to a direct and substantial threat to the public health or safety and prior to giving notice and an opportunity for a hearing, suspend a taxicab, for-hire vehicle license or a HAIL license issued pursuant to this chapter and, after notice and an opportunity for a hearing, suspend or revoke such license. The commission or successor agency may also, without having suspended a taxicab, for-hire vehicle license or a HAIL license, issue a determination to seek suspension or revocation of such license and after notice and an opportunity for a hearing, suspend or revoke such license. Notice of such suspension or of a determination by the commission or successor agency to seek suspension or revocation of a taxicab, for-hire vehicle license or a HAIL license shall be served on the licensee by personal delivery or by certified and regular mail within five calendar days of the pre-hearing suspension or of such determination. The licensee shall have an opportunity to request a hearing before an administrative tribunal of competent jurisdiction within ten calendar days after receipt of any such notification. Upon request such hearing shall be scheduled within ten calendar days, unless the commission or successor agency or other administrative tribunal of competent jurisdiction determines that such hearing would be prejudicial to an ongoing criminal or civil investigation. If the tenth day falls on a Saturday, Sunday or holiday, the hearing may be held on the next business day. A decision shall be made with respect to any such proceeding within sixty calendar days after the close of the hearing. In the event such decision is not made within that time period, the license or medallion which is the subject of the proceeding shall be returned by the commission or successor agency to the licensee and deemed to be in full force and effect until such determination is made, unless the commission or successor agency or other administrative tribunal of competent jurisdiction determines that the issuance of such determination would be prejudicial to an ongoing criminal or civil investigation.
  2. It shall be an affirmative defense that the holder of the taxicab, for-hire vehicle license or a HAIL license or the owner of the taxicab, for-hire vehicle or HAIL vehicle has (1) exercised due diligence in the inspection, management and/or operation of the taxicab, for-hire vehicle or HAIL vehicle and (2) did not know or have reason to know of the acts of any other person with respect to that taxicab license, for-hire vehicle license or a HAIL license or taxicab, for-hire vehicle or HAIL vehicle upon which a suspension, proposed suspension or proposed revocation is based. With respect to any violation arising from taximeter tampering, an owner’s due diligence shall include, but not be limited to, those actions set forth in subdivision h of section 19-507.1 of this chapter. Any pre-hearing suspension period shall be counted towards any suspension period made in any final determination.

§ 19-513 Repossessions.

Any taxicab which is transferred involuntarily because of a default in the payment or installments due under the contract of sale, or any other contract or in any other manner whereby the license holder’s interest in the license is not also transferred, and which is disposed according to law at public or private sale, may be operated by the purchaser thereof or his or her vendee, provided such purchaser or vendee is acceptable to the commission as a person suitable to receive a license. Upon such involuntary transfer, the license of said taxicab shall be cancelled immediately and a temporary, nontransferable, nonrenewable license issued to such purchaser or vendee for a period not exceeding one year upon the payment of a fee of not exceeding one hundred dollars therefor. At the end of such time, the original holder of the license, or his or her transferee if the license was first issued before the effective date of this chapter, shall be entitled to renewal of the license, provided that the provisions of subdivision (a) of section 19-512 of this chapter are complied with by such applicant, whether he or she is the original holder or a transferee.

§ 19-514 Color schemes and emblems.

  1. The exterior of all taxicabs shall be painted yellow or any shade thereof.
  2. The name of the corporate owner shall be printed on both rear doors or on both front doors of each taxicab in such a manner as shall be prescribed by the commission.
  3. The commission may grant to any taxicab owner or association of taxicab owners, upon proper application therefor, the exclusive right to use one or more distinctive emblems or other identifying designs to be displayed on the vehicles of such applicant.
  4. Such applications must include colored sketches of the proposed color schemes of the emblems or designs, together with such other and further information as the commission may require.
  5. An owner shall not use an emblem granted to another owner or association, an emblem so similar as to lead to confusion in the mind of the public, or an emblem granted to any association unless he or she be a member of said association. The commission may suspend the license of any owner violating the provisions hereof.
  6. Each taxicab license shall be represented by a metal medallion which shall bear the license number and be affixed to the outside of the licensed taxicab. The commission may require that a notice be posted at the main entrance of each garage housing taxicab vehicles reciting the number of such vehicles, their license numbers and such other information as the commission may designate.
  7. Any vehicle for hire except those licensed under the provisions of this chapter shall not bear the colors yellow, orange, or gold, or, in combination of yellow-white, orange-white, gold-white, green-white, blue-white or any other combination of the above said colors or color scheme or striping in said colors.
  8. Any accessible taxicab or for-hire vehicle licensed by the commission shall display the international wheelchair insignia or other insignia approved by the commission that identifies such vehicle as an accessible vehicle, in a minimum of two prominent locations on such vehicle’s exterior. For purposes of this subdivision, “accessible vehicle” shall mean any vehicle approved for use by the commission as a taxicab or for-hire vehicle that meets the specifications and requirements for accessible vehicles pursuant to the americans with disabilities act of 1990, as amended, and rules promulgated by the commission.
  9. Any clean air vehicle licensed by the commission shall display the words “CLEAN AIR VEHICLE” or such other term or symbol approved by the commission that identifies such vehicle as a clean air vehicle in a minimum of two prominent locations on such vehicle’s exterior. For the purposes of this subdivision, “clean air vehicle” shall mean any taxicab or for-hire vehicle approved for use by the commission that receives an air pollution score of 9.0 or higher from the United States environmental protection agency or its successor agency and is estimated to emit 6.4 tons or less of equivalent carbon dioxide per year by the United States department of energy or its successor agency; provided that such vehicle is powered by the fuel for which such vehicle meets the above-specified standards. In the event the test method used by the United States environmental protection agency or its successor agency for determining fuel economy is adjusted in a way that impacts United States department of energy or its successor agency estimates of equivalent carbon dioxide emissions for motor vehicles, the commission shall, for vehicles that fall within the affected model years, modify by rule the equivalent carbon dioxide emissions estimate included herein so as to appropriately reflect such adjustment’s impact consistent with the intent of this section.

§ 19-515 Color schemes and emblems.

  1. For-hire vehicles may be painted any color approved by the commission, other than the colors reserved for medallion taxis.
  2. For-hire vehicles shall have the name of the owner or operator displayed on the outside or inside of the vehicle in such form as shall be prescribed by the commission, except that the commission may prescribe an exemption from this requirement for classes of for-hire vehicles for which such display would be inappropriate. All for-hire vehicles must at all times carry in the glove compartment and produce upon demand of any police, peace, law enforcement officer, inspector or officer of the commission:

   1. The for-hire vehicle license.

   2. The driver’s commission-issued driver’s license.

   3. Evidence of current liability insurance or financial responsibility.

§ 19-516 Acceptance of passengers by for-hire vehicles and commuter vans.

  1. For-hire vehicles that do not possess a valid HAIL license may accept passengers only on the basis of telephone contract or prearrangement. The commission or successor agency may establish such disciplinary actions as it deems appropriate for failure to abide by the provisions of this chapter.
  2. No commuter van service and no person who owns, operates or drives a commuter van, shall provide, permit or authorize the provision of transportation service to a passenger unless such service to a passenger is on the basis of a telephone contract or other prearrangement. Where a violation of this subdivision has been committed by a driver of a commuter van, the commuter van service and the owner of such vehicle shall also be liable for a violation of this subdivision.

§ 19-517 For-hire vehicle licenses.

The commission may require that a notice be posted at the main entrance of each garage housing for-hire vehicles reciting the number of such vehicles, their license numbers and such other information as the commission may designate.

§ 19-518 Transfer of licenses.

  1. No for-hire vehicle license shall be transferred or assigned, nor shall such vehicle license be used in affiliation with any garage or business location other than the location stated in such license.
  2. Any base station license or ownership interest in the licensee may be transferred to a proposed transferee who has demonstrated to the satisfaction of the commission the qualifications to assume the duties and obligations of a base station owner provided that either the transferor or transferee shall have filed a bond to cover all the outstanding tort liabilities of the transferor arising out of the operation of a base station and the for-hire vehicles owned by the transferor which is in excess of the amount covered by any bond or insurance policy in effect pursuant to the vehicle and traffic law, and all outstanding fines, penalties and other liabilities which the transferor owes to the commission shall have been satisfied. All such transfers and any changes in corporate offices or directors must be approved by the commission in order to be effective. The commission shall establish by rule the factors to be considered for approval of a proposed transferee, officer or director which shall include, but not be limited to, the criminal history of the proposed transferee and of the transferee’s officers, shareholders, directors and partners, if any, or the proposed officers or directors, in a manner consistent with article twenty-three-A of the correction law, any relevant information maintained in the records of the department of more vehicles or the commission, and transferee’s financial stability.
  3. A transfer shall not be approved if in the past two years, the proposed transferee or any officer, shareholder, director or partner of the proposed transferee, where appropriate, has been found to have violated any law or rule involving:

   (i) assaultive behavior toward a passenger, official or member of the public in connection with any matter relating to a for-hire vehicle;

   (ii) conviction for giving or offering an unlawful gratuity to a public servant, as defined in section 10.00 of the penal law.

   (iii) providing the commission with false information; or

   (iv) three unexplained failures to respond to an official communication of the commission or the department of investigation which was sent via certified mail, return receipt requested.

  1. No voluntary transfer of a base station license may be made if a judgment in favor of the city of New York or any agency thereof or any state or federal agency has been docketed with the clerk of any county within the city of New York against the licensee and remains unsatisfied, except that a transfer may be permitted if an appeal is pending from an unsatisfied judgment and a bond is filed in an amount sufficient to satisfy the judgment. A transfer may also be permitted without filing a bond as set forth in this subdivision provided that all the judgment creditors of a licensee file written permission for such a transfer with the commission or that the proceeds from the transfer are paid into court or held in escrow on terms and conditions approved by the commission which will have the effect of protecting the rights of all parties who may have an interest therein.
  2. The commission may by rule establish a fee in connection with an application to transfer a base station license or an ownership interest in a base station licensee.
  3. The commission shall revoke any base station license for nonuse in the event it shall find after a public hearing that the base station has not been in operation for sixty consecutive days, provided that such failure to operate shall not have been caused by strike, riot, war, public catastrophe or other act beyond the control of the licensee. Where the commission finds that a particular base station cannot be operated due to an act beyond the control of the licensee, a replacement base station license shall be issued to the same licensee for an alternative location, provided that all other requirements for such license are met and provided further that the unexpired term of the original license is six months or more.

§ 19-519 Anti-noise and air pollution provisions.

  1. Definitions. The term “octane rating” shall mean research octane rating or number measured by the research method. The term zero grams lead per gallon shall include gasoline containing up to 0.075 grams of lead per gallon.
  2. Effective July first, nineteen hundred seventy-one, all motor vehicles licensed under the provisions of this chapter, which are manufactured in the model years nineteen hundred seventy-two or later, shall be equipped with an engine designed to operate on non-leaded gasoline. All motor vehicles manufactured prior to the nineteen hundred seventy-two model year which are licensed under the provisions of this chapter shall operate in the city on the effective dates set forth below only on gasoline which contains no more than the following amount of lead by weight for the respective octane ranges as follows:
  96 Octane No. & Above 96 Octane No. & Below
  1. On and after July 1, 1971
2.0 grams per gal. 1.5 grams per gal.
  1. On and after Jan. 1, 1972
1.0 grams per gal. 1.0 grams per gal.
  1. On and after Jan. 1, 1973
0.5 grams per gal. 0.5 grams per gal.
  1. On and after Jan. 1, 1974
zero grams zero grams

~

  1. Effective July first, nineteen hundred seventy-one, all motor vehicles manufactured in model years prior to nineteen hundred seventy, which are licensed under the provisions of this chapter shall be equipped with such emission control devices or otherwise comply with the standards governing levels of emissions for carbon monoxide, hydrocarbons and oxides of nitrogen applicable to light duty vehicles and engines manufactured in model year nineteen hundred seventy in accordance with Federal Public Law 91-604 cited as the “Clear Air Amendments of nineteen hundred seventy.”
  2. Effective July first, nineteen hundred seventy-one, all motor vehicles manufactured in model years nineteen hundred seventy-one and thereafter, which are licensed under the provisions of this chapter shall be equipped with such emission control devices or otherwise comply with the standards governing levels of emissions for particulates, carbon monoxide, hydrocarbons and oxides of nitrogen established by the commission, which in no event shall be less stringent than those promulgated by federal, state or local agencies, whichever is most stringent.
  3. No driver shall operate or use a horn or similar signal device installed on a licensed vehicle except as a signal of imminent danger. The commission shall issue regulations and adopt programs facilitating the enforcement of subdivision a and paragraph one of subdivision b of section 10-107 of the code and shall be authorized to entertain complaints against drivers of licensed vehicles charged with a violation thereof.

§ 19-520 Advisory Board.

  1. Taxi and limousine commission advisory board. There shall be an advisory board whose members shall be appointed for two-year terms by the mayor and the speaker of the council to enable the commission to be kept aware of current views of all segments of the industries regulated by the commission and of the public and to be available to the commission to provide the expertise of its members for the better administration of the commission and service to the public. Such advisory board shall consider and provide recommendations to the commission regarding issues related to such industries, including, but not limited to, the promulgation of rules, enforcement of existing laws and rules, and issues related to accessibility, safety regulations, fees, rates, work conditions and other industry matters.
  2. The advisory board shall consist of twenty-four members, including each chairperson of the transportation, consumer affairs, and finance committees of the council or such chairpersons’ designees, as well as one member of each of the following groups:

   (1) a taxicab medallion owner who is not required by law to drive his or her taxicab;

   (2) a taxicab medallion owner who is required by law to drive his or her taxicab;

   (3) an individual who acts as an agent for those who lease taxicab medallions to drivers who own or lease their own vehicles;

   (4) an individual who represents an institution which lends money for the purpose of purchasing or financing taxicab medallions;

   (5) a taxicab driver who does not own a taxicab medallion and leases a taxicab on a contract term that is on a daily or weekly basis;

   (6) a taxicab driver who does not own a taxicab medallion but owns his or her own taxicab or leases a taxicab on a contract term that is other than on a daily or weekly basis;

   (7) an advocate for the disability community;

   (8) an advocate for taxicab passengers;

   (9) an advocate for passengers of for-hire vehicles;

   (10) a commuter van service driver or operator;

   (11) an operator of a black car base;

   (12) an operator of a luxury limousine base;

   (13) a driver of a black car vehicle;

   (14) a driver of a luxury limousine vehicle;

   (15) a driver of a for-hire vehicle other than a luxury limousine or black car; (16) an operator of a paratransit base;

   (17) a driver of a wheelchair accessible taxicab or for-hire vehicle;

   (18) a holder of a HAIL vehicle permit as applicable;

   (19) an advocate for the environment;

   (20) an operator of a base station that has a permit issued by the commission to dispatch one or more HAIL vehicles as applicable; and

   (21) an operator of a base station that does not have a permit to dispatch any HAIL vehicles as applicable.

  1. Except for the chairpersons of the transportation, finance and consumer affairs committees or such chairpersons’ designees, eight of the members of the advisory board set forth in subdivision b of this section shall be appointed by the speaker of the council and thirteen shall be appointed by the mayor all for two-year terms, none of whom shall be an employee or staff member of the council or the commission. No members of such advisory board serving two-year terms shall be eligible to serve more than two consecutive two-year terms. The board shall meet no less often than every three months beginning after the complete board is initially appointed.
  2. Not more than thirty days following any meeting of the advisory board held pursuant to this section, the commission shall provide to the council and to all board members a written summary of such meeting, including but not limited to any recommendations made by such advisory board.
  3. Nothing contained in this section shall preclude any members of the commission from holding meetings with members of the board or other interested industry members that are not advisory board meetings.

§ 19-521 Central dispatcher services at all major transit terminals.

  1. The commission shall institute a plan for the industry relating to the establishment of a central dispatch system operating at all air terminals within the city of New York. Such a program shall be instituted at all such air terminals to provide service to any and all points in the five boroughs, and in such other locations as from time to time the commission shall deem necessary.

§ 19-522 Group riding.

The commission shall institute a group riding plan for the taxi industry in the city of New York. Initially, this plan shall encompass, minimally, a pilot group riding program from John F. Kennedy international airport to any and all points in the five boroughs, providing dispatchers at the various airport terminals and a central dispatching system to expedite passenger conveyance. After sixty days from the start of such program at John F. Kennedy international airport, the commission shall seek to establish group riding programs at various points in the five boroughs, to be designated by the commission, with the view to increasing taxicab availability to and from the outlying sections of the city to meet the maximum demands for taxi service.

§ 19-523 Service in areas outside the Manhattan central business district.

  1. At the time of the submission of a final environmental impact statement to the council pursuant to section 19-504.1, the commission shall submit a written report to the council setting forth its plan for improving taxicab and for-hire vehicle service in the areas of the city lying outside of the central business district of the borough of Manhattan.
  2. The commission shall develop such plan in consultation with community and business leaders, representatives of the taxicab and for-hire vehicle industries and members of the general public. The commission shall conduct at least one public hearing in each of the five boroughs concerning the development of such a plan.
  3. The commission shall consider a broad range of service, pricing and regulatory options including, but not limited to, imposing additional requirements to ensure taxicab availability in areas of the city lying outside of the central business district of the borough of Manhattan, establishing group riding programs at various points in the five boroughs, instituting double shifting and shift time changes for taxicabs, altering the fare structure for taxicabs and improving compliance with the requirements of paragraphs one and two of subdivision a of section 19-507. The report to the council shall include a thorough assessment of each possible option for improving service, the commission’s recommendations as to which options should be implemented and a timetable for implementing these options.

§ 19-525 Permits for exterior advertising.

  1. No vehicle licensed pursuant to the provisions of this chapter shall carry any advertising on the exterior of such vehicle, including its roof and trunk, unless the owner thereof shall first have obtained from the commission a permit to carry such exterior advertising.
  2. Such permits shall be issued as of September first, and shall expire on August thirty-first next succeeding unless sooner surrendered, suspended, revoked or terminated.
  3. The fee for the issuance of such permit shall not exceed fifty dollars annually. If the permit so issued is surrendered to the commission by the permittee within six months of its date of issuance, one-half of the fee paid shall be refunded to the permittee.
  4. Applications for such permits shall be filed with the commission upon forms which shall be provided by the commission.
  5. The commission shall promulgate such rules and regulations as are necessary to carry out the provisions of this section, including but not limited to the type and size of any advertising matter.
  6. Notwithstanding any other provision of law to the contrary, the commission may revoke any individual permit or the permits of any one medallion ownership corporation, issued pursuant to this section for exterior advertising, if advertising showed in the exterior display is offensive to public morals, and is not removed from public display within a period of fifteen days upon specific request for such action from the taxi and limousine commission.
  7. No permit issued under this section shall be transferred or assigned.

§ 19-527 Licensing of taxicab brokers.

  1. For purposes of this section “taxicab broker” means a person, partnership or corporation who, for another and whether or not acting for a fee, commission or other valuable consideration, acts as an agent or intermediary in negotiating the purchase or sale of a taxicab or of stock of or in a corporation which is an owner as defined in subdivision i of section 19-501 of this chapter, or in negotiating a loan secured or to be secured by an encumbrance upon or transfer of a medallion, vehicle license or licensed vehicle. A purchase or sale under this subdivision shall include a purchase or sale of or under a reserve title contract, conditional sales agreement or vendor lien agreement.
  2. On and after the first day of January nineteen hundred eighty-five, no person shall engage in the business or occupation of, or hold himself, herself or itself out or act temporarily or otherwise as a taxicab broker without first obtaining a license therefor from the commission. Such licenses shall be issued as of January first and shall expire on December thirty-first next succeeding, unless sooner suspended or revoked by the commission.
  3. The license fee shall be five hundred dollars for a license and five hundred dollars for each subsequent renewal thereof. If a license is granted for a period of six months or less the fee shall be one-half of the annual fee.
  4. Applications for taxicab broker licenses and for the renewal thereof shall be filed with the commission in such form and containing such detail as the commission shall prescribe. Each application shall be subscribed by the applicant; or if made by a partnership it shall be subscribed by a member thereof; or if made by a corporation it shall be subscribed by an officer thereof. Each application shall contain an affirmation by the person so subscribing that the statements therein are true under the penalties of perjury.
  5. Before such license is issued, an applicant shall deposit with the commission, a bond in the penal sum of fifty thousand dollars containing one or more sureties to be approved by the commission. Such bond shall be payable to the city and shall be conditioned that the person applying for the license will comply with the provisions of this section and any rules or regulations of the commission; and shall pay all fines imposed by the commission pursuant to subdivision f hereof and all judgements awarding from damages occasioned to any person by reason of any misrepresentation, fraud or deceit, or any unlawful act or omission of such licensee, his or her agents or employees, while acting within the scope of their employment, made, committed or omitted in the business conducted under such license, or caused by any other violation of this section in carrying on the business for which such license is granted.
  6. The commission may revoke or suspend a taxicab broker license; impose a fine not exceeding ten thousand dollars on a licensee; or deny an application for a taxicab broker license if after notice and hearing it finds that a licensee or applicant has:

   (1) made a material misstatement or misrepresentation on an application for a taxicab broker license or the renewal thereof;

   (2) made a material misrepresentation or committed a fraudulent, deceitful or unlawful act or omission while engaged in the business or occupation of or holding himself, herself or itself out or acting temporarily or otherwise as a taxicab broker;

   (3) violated any provision of this section or any rule or regulation of the commission.

  1. The commission shall establish the fee and/or commission rates to be charged by any taxicab broker.
  2. Any person who violates the provisions of subdivision b of this section shall be guilty of a misdemeanor punishable by a fine of not less than one hundred dollars nor more than five hundred dollars and shall also be liable for a civil penalty of not less than one hundred dollars nor more than five hundred dollars.

§ 19-528 Additional powers of the commission with respect to unlicensed activities.

  1. It shall be unlawful for any person required to be licensed pursuant to the provisions of this chapter to engage in any trade, business or activity for which a license is required without such license.
  2. In addition to the enforcement procedures set forth in section 19-506 of this chapter, the commission, after notice and a hearing, shall be authorized:

   1. to impose fines upon any person in violation of subdivision a of this section of one hundred dollars per violation per day for each and every day during which such person violates such subdivision.

   2. to order any person in violation of subdivision a of this section immediately to discontinue such activity at the premises from which such activity is occurring.

   3. to order that such premises from which such activity is occurring be sealed, provided that such premises are primarily used for such activity.

  1. Orders of the commission issued pursuant to this subdivision shall be posted at the premises from which unlicensed activity occurs in violation of this section.
  2. Orders of the commission issued pursuant to paragraphs two or three of subdivision b of this section shall be stayed with respect to any person who, prior to service of the notice provided in subdivision b of this section, had submitted a full and complete application in proper form and accompanied by the requisite fee for a license or the renewal of a license while such application is pending.
  3. Ten days after the posting of an order issued pursuant to paragraphs two or three of subdivision b of this section and upon the written directive of the commission, officers and employees of the commission and officers of the New York city police department are authorized to act upon and enforce such orders.
  4. The commission shall order that any premises which are sealed pursuant to this section shall be unsealed upon:

   1. payment of all outstanding fines; and

   2. presentation of proof that a license has been obtained for such activity or, if such person or premises are for any reason ineligible to obtain a license, proof satisfactory to the commission that such premises will not be used in violation of this section.

  1. It shall be a misdemeanor for any person to remove the seal on any premises sealed in accordance with an order of the commission.
  2. The owner or other person lawfully entitled to reclaim the contents of the premises sealed pursuant to this section shall reclaim such contents. If such owner or such other person does not reclaim such contents within ninety days of the premises having been sealed, such contents shall be subject to forfeiture upon notice and judicial determination in accordance with provisions of law. Upon forfeiture the commission shall, upon a public notice of at least five days, sell such forfeited contents at public sale. The net proceeds of such sale, after deduction of the lawful expenses incurred, shall be paid into the general fund of the city.

§ 19-529 Seat and shoulder belts required.

  1. Beginning with the 1991 model year, for each seating position, every taxicab and for-hire vehicle shall be equipped with seat belts and, for every outside passenger position, shall be equipped with shoulder belts.
  2. All seat and shoulder belts required by this section or by any provision of state or federal law shall be clearly visible, accessible and shall be maintained in good working order. No safety belt installed in a motor vehicle in accordance with the provisions of this section or in accordance with the provisions of state or federal law or the rules or regulations issued by the New York State Department of Transportation or the United States Department of Transportation, shall be removed from said motor vehicle.
  3. The owner of any licensed vehicle found to be in violation of subdivision a or b hereof shall be fined not less than one hundred nor more than two hundred fifty dollars.
  4. At each inspection of a licensed taxicab or for-hire vehicle made pursuant to subdivision f of section 19-504 of this chapter, failure to comply with subdivision a or b hereof shall be evidence that such vehicle fails to meet reasonable standards for safe operation and shall constitute cause for the suspension of said vehicle license by the commission.

§ 19-529.1 Prohibited acts relating to commuter vans.

  1. No commuter van service and no person who owns, operates or drives a commuter van shall solicit, pick up or discharge passengers, or permit or authorize the solicitation, pick up or discharge of passengers:

   (1)    outside of the geographical area set forth in the authorization to operate a commuter van service issued pursuant to section 19-504.2 of this chapter; or

   (2) at stops of, or along a route which is traveled upon by a bus line which is operated by the New York city transit authority or the city or a private bus company which has been granted a franchise by the city. The prohibition contained in this paragraph shall not apply to the pick up or discharge of passengers in the borough of Manhattan south of Chambers Street by commuter van services who on July first, nineteen hundred ninety-two had authority from the state department of transportation to pick up or discharge passengers along bus routes in such area, provided that the scope of operations by such commuter van services along bus routes in such area shall not exceed the scope of such operations prior to July first, nineteen hundred ninety-two.

  1. Where a violation of subdivision a of this section has been committed by a driver of a commuter van, the commuter van service and the owner of such vehicle shall also be liable for a violation of subdivision a of this section.

§ 19-529.2 Seizure of commuter vans.

  1. A police officer or agent of the commission may, upon service of a notice of violation upon the owner or operator of a commuter van, seize a vehicle which such police officer or agent of the commission has reasonable cause to believe is being operated as a commuter van service by or on behalf of a person who is not operating pursuant to a current, valid authorization or operating as a commuter van without a commuter van license as required by this chapter. All passengers in any seized vehicle shall be left in or transported to a location which is readily accessible to other means of public transportation. Any vehicle seized pursuant to this section shall be delivered into the custody of the city.
  2. Within one business day after the seizure of a vehicle pursuant to this section, notice of such seizure and a copy of the notice of violation shall be mailed to the owner of such vehicle at the address for such owner set forth in the records maintained by the New York state department of motor vehicles, or, for vehicles not registered in New York state, such equivalent record in such state of registration.
  3. A hearing to adjudicate the violation underlying the seizure shall be held before the commission or an administrative tribunal thereof within five business days after the date of the seizure. The commission or an administrative tribunal thereof shall, within one business day of the conclusion of the hearing, render a determination as to whether the vehicle has been operated by or on behalf of a person who is not the holder of a current, valid authorization or has been operated without a commuter van vehicle license required by this chapter.
  4. An owner shall be eligible to obtain release of the vehicle prior to such hearing if such owner has not previously been found liable in an administrative or judicial proceeding for operating a vehicle as a commuter van service without a current, valid authorization or operating a commuter van without a commuter van license as required by this chapter, which violation was committed within a five year period prior to the violation resulting in the seizure. The vehicle shall be released to an eligible owner upon the posting of a bond in a form satisfactory to the commission in an amount that shall not exceed the maximum civil penalties which may be imposed for the violation underlying the seizure and all reasonable costs for removal and storage of such vehicle.
  5. Where the commission or an administrative tribunal thereof, after adjudication of the violation underlying the seizure, shall find that the vehicle has been operated as a commuter van by or on behalf of a person who is not the holder of a current, valid authorization or operated as a commuter van without a commuter van license:

   (1) if the vehicle is not subject to forfeiture pursuant to section 19-529.3 of this chapter, the commission shall release such vehicle to an owner upon payment of the applicable civil penalties and all reasonable removal and storage costs; or

   (2) if the vehicle is subject to forfeiture pursuant to section 19-529.3 of this chapter, the commission may release such vehicle to an owner upon payment of the applicable civil penalties and all reasonable removal and storage costs, or may commence a forfeiture action pursuant to section 19-529.3 of this chapter within ten days after the owner’s written demand for such vehicle.

  1. Where the commission or an administrative tribunal thereof, after adjudication of the violation underlying the seizure, finds that the charge of operating without an authorization or commuter van license has not been sustained, the vehicle shall be released to the owner. If an owner or representative of such owner has not sought to reclaim a seized vehicle within thirty days after mailing of notice of such owner of the final adjudication by the commission or such administrative tribunal of the violation underlying the seizure, such vehicle shall be deemed by the commission to be abandoned. Such vehicle shall be disposed of by the city pursuant to section twelve hundred twenty-four of the vehicle and traffic law; provided, however, that notwithstanding any inconsistent provision of section twelve hundred twenty-four of such law, if an owner seeks to reclaim such vehicle pursuant to section twelve hundred twenty-four of such law, such owner shall be deemed to have made a written demand for such vehicle and the commission shall take such action as may be authorized by subdivision e or f of this section.

§ 19-529.3 Forfeiture of commuter vans.

  1. In addition to the penalties, sanctions and remedies provided in this chapter or subdivisions six and seven of section one hundred forty-five of the transportation law, a vehicle seized pursuant to section 19-529.2 of this chapter, and all rights, title and interest therein, shall be subject to forfeiture to the city in accordance with the provisions of this section upon judicial determination thereof, if the owner of such vehicle has been found liable at least two times in an administrative or court proceeding for operating a commuter van or other such common carrier by or on behalf of a person who is not the holder of a current, valid authorization or operating a commuter van without a commuter van license as required by this chapter, both of which violations were committed within a five-year period.
  2. A forfeiture action which is commenced pursuant to this section shall be commenced by filing of a summons with notice or a summons and complaint pursuant to the New York civil practice law and rules, and such summons with notice or summons and complaint shall be served pursuant to subdivision c of this section. A vehicle which is the subject of such an action shall remain in the custody of the city pending the final determination of the forfeiture action.
  3. Service of a summons with notice or a summons and complaint shall be made:

   (1) by personal service pursuant to the New York civil practice law and rules upon all owners of the vehicle listed in the records maintained by the New York state department of motor vehicles, or for vehicles not registered in New York state, in the records maintained by the state of registration;

   (2) by first class mail upon all individuals who have notified the commission or an administrative tribunal thereof that they are an owneer of the vehicle; and

   (3) by first class mail upon all persons holding a security interest in such vehicle which security interest has been filed with the New York state department of motor vehicles pursuant to the provisions of title ten of the New York state vehicle and traffic law, at the address set forth in the records of the New York state department of motor vehicles, or, for vehicles not registered in New York state, all persons holding a security interest in such vehicle which security interest has been filed with such state of registration at the address provided by such state of registration.

  1. Any owner who receives notice of the institution of a forfeiture action who claims an interest in the vehicle subject to forfeiture shall assert a claim for the recovery of the vehicle or satisfaction of the owner’s interest in such vehicle by intervening in the forfeiture action in accordance with the New York civil practice law and rules. Any person with a security interest in such vehicle who receives notice of the institution of the forfeiture action who claims an interest in such vehicle subject to forfeiture shall assert a claim for satisfaction of such person’s security interest in such vehicle by intervening in the forfeiture action in accordance with the New York civil practice law and rules.
  2. No vehicle shall be forfeited pursuant to this section, to the extent of the interest of a person who claims an interest in the vehicle, if such person shall plead and prove as an affirmative defense that:

   (1) the use of the vehicle for the conduct that was the basis for the seizure occurred without the knowledge of such person, or, if such person had knowledge of such use, without the consent of such person, and that such person did not knowingly obtain such interest in the vehicle in order to avoid the forfeiture of such vehicle; or

   (2) the conduct that was the basis for the seizure was committed by any person other than such person claiming an interest in the vehicle, while such vehicle 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.

  1. For purposes of subdivision e of this section, if such person claiming an interest in the vehicle had knowledge of the use of the vehicle for the conduct that was the basis for such seizure, such person shall be deemed to have consented to the unlawful conduct unless such person establishes that he or she did all that could reasonably have been done to prevent the use of the vehicle for such unlawful conduct.
  2. The city, after judicial determination of forfeiture, shall, at its discretion, either:

   (1) retain such vehicle for the official use of the city; or

   (2) by public notice of at least twenty days, sell such forfeited vehicle at public sale. The net proceeds of any such sale shall be paid into the general fund of the city.

  1. At any time within six months after the forfeiture, any person claiming an interest in a vehicle which has been forfeited pursuant to this section who was not sent notice of the commencement of the forfeiture action pursuant to subdivision b or c of this section or who did not otherwise receive actual notice of the forfeiture action may assert, in an action commenced before the justice of the supreme court before whom the forfeiture action was held, such claim as could have been asserted in such forfeiture action pursuant to this section. The court may grant the relief sought upon such terms and conditions as it deems reasonable and just if such person claiming an interest in the vehicle establishes that he or she was not sent notice of the commencement of the forfeiture action and was without actual knowledge of the forfeiture action and establishes either of the affirmative defenses set forth in subdivision e of this section.
  2. In any action commenced pursuant to subdivision b or h of this section, where the court awards a sum of money to one or more persons in satisfaction of such person’s or persons’ interest or interests in the forfeited vehicle, 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 vehicle, after deduction of the lawful expenses incurred by the city, including the reasonable costs of removal and storage of the vehicle between the time of seizure and the date of sale.

§ 19-529.4 Color schemes and emblems and additional requirements for commuter vans.

  1. Commuter vans shall have the name of the vehicle owner, the name of the person holding the authorization pursuant to which such vehicle is operating and evidence of such authorization displayed on the outside and inside of the vehicle in such form as shall be prescribed by the commission.
  2. Commuter vans shall display a sticker on at least the front, back and sides of such vehicles containing a unique emblem in such form as shall be prescribed by the commission. The commission shall issue such stickers to the commuter van owner upon the issuance of a commuter van license and such sticker shall:

   (1) be large enough to be easily seen by law enforcement officers and members of the public;

   (2) include information uniquely identifying the van, which may include make and model, color(s) of such van, license plate number or information about the commuter van license and the term of such license;

   (3) be hard to replicate, with security features such as holograms or other security features as prescribed by the commission; and

   (4) include any other information or features as prescribed by the com- mission.

  1. Commuter vans may be painted any color approved by the commission, other than the colors reserved for medallion taxis.
  2. All commuter vans shall at all times carry inside the vehicle and the operator shall produce upon demand of any officer or employee designated by the commission, any police officer or any authorized officers or employees of the department of transportation or the New York city transit authority:

   1. the commuter van license;

   2. the driver’s commuter van driver’s license;

   3. the authorization to operate a commuter van service, or copy thereof reproduced in accordance with the specifications set forth in rules of the commission; and

   4. the vehicle registration and evidence of current liability insurance.

§ 19-529.5 Construction.

The provisions of this chapter authorizing penalties, sanctions and remedies shall not be construed to supersede the provisions of subdivisions six and seven of section one hundred forty-five of the transportation law but shall be construed to provide penalties, sanctions and remedies in addition to those provided in such subdivisions.

§ 19-529.6 Applicability.

The provisions of this chapter shall not apply to the operations by a commuter van service of commuter vans to or from an airport in the city when such commuter van service or commuter vans have been issued a permit by the port authority of New York and New Jersey to operate at an airport in the city or apply for such permit and within a reasonable period of time are issued such permit by such authority.

§ 19-529.7 Commuter van safety.

Not later than July 1, 2017 and not later than every July 1 thereafter, commission shall submit to the mayor and the speaker of the council and publish on its website a report on safety in the commuter van industry. Such report shall include, but not be limited to, the following information from the previous calendar year:

  1. the number of safety-related violations issued by the commission committed by those operating a commission-licensed commuter van or an unlicensed commuter van;
  2. the total number of collisions involving a commission-licensed commuter van, and to the extent known to the commission, such collisions involving an unlicensed commuter van, disaggregated by those resulting in a fatality, critical injury, or injury of any severity;
  3. the number of commuter vans, commuter van drivers, and commuter van services licensed or authorized by the commission;
  4. the number of unlicensed commuter vans operating, to the extent known to the commission or estimated;
  5. the commission’s efforts to ensure commuter vans do not operate on bus routes, including, but not limited to, current enforcement efforts and future plans regarding such efforts;
  6. the number of commuter vans seized by the commission;
  7. the 20 most utilized commuter van corridors;
  8. available commuter van ridership, including information on whether commuter vans are being utilized to connect to other mass transit, to the extent known to the commission;
  9. the commission’s efforts to reduce the number of unlicensed commuter vans operating and future plans regarding such efforts;
  10. the number of licenses for commuter vans and commuter van drivers and authorizations for commuter van service that were renewed and rejected, as well as any changes in the number of commuter vans affiliated with each authorized service;
  11. a discussion of how commuter van service areas are selected; and
  12. whether, in the judgment of the commission, there is a need for commuter vans in a number exceeding the number specified in subdivision r of section 19-504.

§ 19-530 Licensing of agents.

  1. It shall be unlawful to act as an agent without first obtaining a license therefor from the commission. Such licenses shall be issued for a period not to exceed one year and shall expire on December thirty-first of the year in which it was issued, unless sooner suspended or revoked by the commission.
  2. The fee for such a license or a renewal of such a license shall be five hundred dollars. However, if a license is granted for a period of six months or less, the fee shall be two hundred fifty dollars.
  3. Any person who violates the provisions of subdivision a of this section shall be guilty of a misdemeanor punishable by a fine of not less than five hundred dollars nor more than one thousand dollars and shall also be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars. Such person shall also be subject to the provisions of subdivision f of this section.
  4. An application for a license required by subdivision a of this section and for the renewal thereof shall be filed with the commission and shall be in such form as the commission shall prescribe. An application for such license shall be submitted on behalf of a sole proprietorship by the proprietor; on behalf of a partnership by a general partner thereof; on behalf of a corporation by an officer or director thereof; or by any other type of business entity by the chief executive officer thereof, irrespective of organizational title. The application shall contain a sworn and notarized statement by such individual that the statements therein are true under the penalties of perjury.
  5. Before such license is issued, an applicant shall deposit with the commission a bond, the amount of which shall be determined by rule of the commission, containing one or more sureties to be approved by the commission. Such bond shall be payable to the city and shall be conditioned on the licensee complying with the provisions of this section and any applicable rules of the commission; payment of all civil penalties imposed pursuant to subdivision f of this section; and payment of all judgments or settlements arising from damages occasioned to any person by reason of any misrepresentation, fraud or deceit, or any unlawful act or omission of such licensee or an employee, officer, director, partner, owner of more than ten percent of the outstanding stock of the licensee or the chief executive officer of such licensee while such individual is acting on behalf of such licensee, or any other violation of this section.
  6. The commission may deny an application for a license or renewal of a license or, after notice and hearing, revoke or suspend any license issued pursuant to this section, and/or impose a civil penalty not exceeding ten thousand dollars on a licensee, if it finds that an applicant, a licensee, any officer, director, partner, or owner of more than ten percent of the outstanding stock of an applicant or licensee, or the chief executive officer of an applicant or licensee has:

   (1) made a material misstatement or misrepresentation on an application for such a license or the renewal thereof; or

   (2) made a material misrepresentation or omission or committed a fraudulent or unlawful act while engaged in the business or occupation of, or holding himself, herself or itself out as an agent. Such acts shall include but not be limited to:

      (i) presentation of a vehicle for inspection by the commission with a vehicle identification number other than the one under which such vehicle is licensed by the commission;

      (ii) operation of a vehicle with a vehicle identification number which has been removed and reattached, or which is other than the one under which such vehicle is licensed by the commission;

      (iii) presentation of a document to the commission which falsely states that insurance requirements with respect to a licensed vehicle have been met; and

      (iv) conviction of bribing or attempting to bribe any officer or employee of the commission; or

   (3) violated any provision of this section or any applicable rule of the commission.

  1. Prior to the issuance of any license pursuant to this section, the applicant shall be fingerprinted by a person designated for such purpose by the chairperson and pay a fee to be submitted by the chairperson to the state division of criminal justice services for the purposes of obtaining criminal history records. For purposes of securing a license pursuant to this section, fingerprints shall be taken of the proprietor if the applicant is a sole proprietorship; all the general partners if the applicant is a partnership; all the officers, directors, and owners of more than ten percent of the outstanding stock of the corporation if the applicant is a corporation; and if the applicant is another type of business entity, the chief executive officer, irrespective of organizational title.
  2. An application for a license required by this section or the renewal thereof may be denied where the proprietor, any general partner, officer, director or any owner of ten percent or more of the outstanding stock of the applicant or the chief executive of the applicant as is appropriate, has been convicted of a crime which under article twenty-three-A of the correction law would provide a basis for the denial of such license or renewal.
  3. An agent licensed pursuant to this section shall be subject to all applicable rules of the commission.
  4. Agents licensed pursuant to this section shall promptly respond to and comply with all inquiries, directives, summonses and other communications from the commission or from the New York city department of investigation, and shall make their business premises and books and records available upon request for inspection by employees or designees of the commission.
  5. Any agent acting on behalf of an owner who leases or otherwise dispatches one or more taxicabs for return at the end of a shift shall maintain business premises in a location zoned for the operation of such business with:

   (i) sufficient off-street space at or near its business premises to store the lesser of 25 vehicles or the following: fifty percent of the taxicabs leased on a daily or shift basis, plus five percent of the taxicabs leased for longer than one day;

   (ii) sufficient office space to conduct business, where all records required by the commission, including trip sheets and driver records are kept;

   (iii) regular business hours, including the hours of 9:00 a.m. through 5:00 p.m. on every weekday other than legal holidays; and

   (iv) a business address and telephone number on file with the commission.

  1. Nothing herein shall relieve the owner of a taxicab medallion of responsibility for compliance with any applicable provision of law or rule. Such owner shall be fully responsible for the operation of a vehicle bearing such medallion, including compliance with all regulatory requirements applicable to such vehicle, regardless of the appointment by such owner of an agent licensed pursuant to this section.

§ 19-531 Public sale of taxicab licenses.

Notwithstanding any other provision of this chapter to the contrary, the commission is hereby authorized to issue additional taxicab licenses, provided, however, that the number of such additional licenses issued shall not exceed four hundred. Such additional licenses shall be issued by public sale and shall be fully transferable, and shall be subject to the provisions of this chapter and of chapter sixty-five of the New York city charter, except that they shall not be subject to the provisions of section 19-504.1 of this code. The commission shall prescribe by regulation the procedures for the issuance and public sale of such additional licenses, by public auction, sealed bids or other competitive process.

§ 19-532 Public sale of additional taxicab licenses.

  1. Notwithstanding any other provision of law to the contrary, the commission is hereby authorized to issue additional taxicab licenses, provided, however, that such additional licenses shall be issued only after completion by the commission of such review as may be required by article eight of the New York state environmental conservation law. Such additional licenses shall be issued in a number not to exceed the number of taxicab licenses whose public sale was authorized by chapter sixty-three of the laws of two thousand three, and shall be fully transferable and subject to the provisions of this chapter and of chapter sixty-five of the New York city charter. The commission shall prescribe by rule the procedures for the issuance and public sale of such additional licenses, by public auction, sealed bids or other competitive process.
  2. Of the total number of taxicab licenses issued by the commission pursuant to subdivision a of this section, at least nine percent shall be issued subject to the requirement that the vehicles operated by or under agreement with the owners of such licenses either be powered by compressed natural gas or be a hybrid electric vehicle, and at least nine percent shall be issued subject to the requirement that the vehicles operated by or under agreement with the owners of such licenses be fully accessible to persons with disabilities in accordance with standards established by the commission; provided however, of the licenses authorized to be sold pursuant to subdivision a of this section that are issued after June 1, 2006, two hundred fifty-four shall be issued subject to the requirement that the vehicles operated by or under agreement with the owners of such licenses either be powered by compressed natural gas or be a hybrid electric vehicle, and fifty-four shall be issued subject to the requirement that the vehicles operated by or under agreement with the owners of such licenses be fully accessible to persons with disabilities in accordance with standards established by the commission; and provided further that if the prices which the commission is able to obtain for the issuance of licenses subject to either of the foregoing requirements does not exceed ninety percent of the average price otherwise obtained by the commission for the issuance of licenses pursuant to this section, the commission is authorized to issue such licenses without such requirement.
  3. In the event that the city of New York is authorized to issue taxicab licenses in addition to those authorized by chapter sixty-three of the laws of two thousand three, such additional licenses shall be issued by the commission only after completion by the commission of such review as may be required by article eight of the New York state environmental conservation law. Such additional licenses shall be issued in a number not to exceed the number of taxicab licenses whose public sale is authorized by law and in accordance with the procedures and conditions set forth in subdivision a of this section, except that the first one hundred fifty such licenses issued shall be subject to the requirement that the vehicles operated by or under agreement with the owners of such licenses be fully accessible to persons with disabilities in accordance with standards established by the commission, regardless of the prices which the commission is able to obtain for the issuance of such licenses.
  4. The terms and conditions for the public sale of licenses pursuant to this section shall explicitly provide that vehicles operated by or under agreement with the owners of such licenses shall be entitled to accept hails from passengers in the street in accordance with paragraph one of subdivision a of section 19-504 of this code.

§ 19-533 Clean air taxis.

The commission shall approve one or more hybrid electric vehicle models for use as a taxicab within ninety days after the enactment of this law. The approved vehicle model or models shall be eligible for immediate use by all current and future medallion owners. Notwithstanding the foregoing, the commission, to the extent practicable, shall within ninety days of the effective date of the chapter of the laws of two thousand seventeen that amended this section, permit one thousand three hundred fifty of such medallions to use any hybrid electric vehicle, excluding accessible vehicles as defined by section 19-534 of this chapter, that also meets all of the requirements for use as a for-hire vehicle. For the purposes of this chapter, a hybrid electric vehicle shall be defined as a commercially available mass production vehicle originally equipped by the manufacturer with a combustion engine system together with an electric propulsion system that operates in an integrated manner.

§ 19-534 Clean air and accessible taxicab and for-hire vehicle plan.

  1. Definitions. For the purposes of this section only, the following terms shall have the following meanings:

   (1) “Accessible vehicle” shall mean any taxicab or for-hire vehicle approved for use by the commission as a taxicab or for-hire vehicle that meets the specifications and requirements for accessible vehicles pursuant to the americans with disabilities act of 1990, as amended, and rules promulgated by the commission.

   (2) “Clean air vehicle” shall mean any taxicab or for-hire vehicle approved for use by the commission that receives an air pollution score of 9.5 or higher from the United States environmental protection agency or its successor agency and is estimated to emit 5.0 tons or less of equivalent carbon dioxide per year by the United States department of energy or its successor agency; provided that such vehicle is powered by the fuel for which such vehicle meets the above-specified standards. In the event the test method used by the United States environmental protection agency or its successor agency for determining fuel economy is adjusted in a way that impacts United States department of energy or its successor agency estimates of equivalent carbon dioxide emissions for motor vehicles, the commission shall, for vehicles that fall within the affected model years, modify by rule the equivalent carbon dioxide emissions estimate included herein so as to appropriately reflect such adjustment’s impact consistent with the intent of this section.

  1. No later than one hundred eighty days after the effective date of this section, the commission shall develop and approve a plan to significantly increase the number of clean air and accessible vehicles in New York city. Such plan shall include, but not be limited to:

   (1) a description of specific measures the commission will implement, or recommend to the mayor and the council for implementation through local law, to increase the number of clean air and accessible vehicles and periodic goals for achieving such increases;

   (2) a schedule, including interim and final milestones, for implementing such measures; and

   (3) an education campaign regarding clean air and accessible vehicles that provides taxicab and for-hire vehicle owners and prospective owners with information regarding the availability, costs and savings, and benefits of such vehicles for such owners. Such information may include, but is not limited to: (i) for available clean air vehicle models: the fuel economy of such vehicles, as compared with other models typically used as taxicabs and for-hire vehicles in New York city; costs and savings associated with the purchase and use of such vehicles; the estimated air quality benefits associated with the use of such vehicles; and any available governmental and manufacturer incentives for the purchase of such vehicles; and (ii) for available accessible vehicle models: the fact that such vehicles can be used to serve specific clients that non-accessible vehicles cannot serve; costs and savings associated with the purchase of such vehicles; and any available governmental and manufacturer incentives for the purchase of such vehicles. Such information shall be posted on the commission’s website and shall be provided to owners of taxicabs and for-hire vehicles upon issuance or renewal of a license in accordance with section 19-504 of this chapter; by sending such information directly to such owners with other commission documents and notices; during informational workshops open to all commission licensees; or in any other manner deemed appropriate by the commission.

  1. The commission shall implement the plan developed and approved pursuant to subdivision b of this section.
  2. The commission shall conduct or participate in at least one informational workshop regarding clean air and accessible vehicles in each of the two calendar years following the development and approval of the plan pursuant to subdivision b of this section.
  3. The commission shall in every annual report submitted to the city council pursuant to section twenty three hundred two of the New York city charter, include the following information: (i) the implementation status of the measures included in the plan developed and approved pursuant to this section; (ii) the numbers of clean air and accessible vehicles in New York city, disaggregated by vehicle model, and how such numbers compare to those of the previous year and with the goals set forth in such plan; and (iii) to the extent practicable, the estimated air quality benefits and fuel savings associated with the use of each clean air vehicle model in operation as a taxicab or for-hire vehicle in New York city and the aggregate air quality benefits and fuel savings associated with the use of all such vehicles.
  4. The commission shall establish a web page or pages or modify its existing website to make available information regarding clean air and accessible vehicles, which shall include, but not be limited to, the information provided pursuant to paragraph three of subdivision b of this section and the numbers of clean air and accessible vehicles in New York city, disaggregated by vehicle model, which shall be updated, at a minimum, every four months.
  5. The commission shall annually review the plan required to be implemented pursuant to subdivision c of this section to determine, among other things, whether such plan has helped to increase the number of clean air and accessible vehicles and whether scheduled milestones and goals included in such plan have been met. The commission shall revise such plan as necessary to accomplish such goals.

§ 19-535 Extension of retirement periods for taxicabs.

  1. Definitions. For the purposes of this section only, the following terms shall have the following meanings:

   1. “Accessible taxicab” shall mean any vehicle approved for use by the commission as a taxicab that meets the specifications and requirements for accessible vehicles pursuant to the americans with disabilities act of 1990, as amended, and rules promulgated by the commission.

   2. “Level one clean air taxicab” shall mean any vehicle approved for use by the commission as a taxicab that receives an air pollution score of 9.5 or higher from the United States environmental protection agency or its successor agency and is estimated to emit 5.0 tons or less of equivalent carbon dioxide per year by the United States department of energy or its successor agency; provided that such vehicle is powered by the fuel for which such vehicle meets the above-specified standards. In the event the test method used by the United States environmental protection agency or its successor agency for determining fuel economy is adjusted in a way that impacts United States department of energy or its successor agency estimates of equivalent carbon dioxide emissions for motor vehicles, the commission shall, for vehicles that fall within the affected model years, modify by rule the equivalent carbon dioxide emissions estimate included herein so as to appropriately reflect such adjustment’s impact consistent with the intent of this section.

   3. “Level two clean air taxicab” shall mean any vehicle approved by the commission for use as a taxicab that receives an air pollution score of 9.0 or higher from the United States environmental protection agency or its successor agency and is estimated to emit 6.4 tons or less of equivalent carbon dioxide per year by the United States department of energy or its successor agency and that does not meet the definition of a level one clean air taxicab pursuant to paragraph 2 of this subdivision; provided that such vehicle is powered by the fuel for which such vehicle meets the above-specified standards. In the event the test method used by the United States environmental protection agency or its successor agency for determining fuel economy is adjusted in a way that impacts United States department of energy or its successor agency estimates of equivalent carbon dioxide emissions for motor vehicles, the commission shall, for vehicles that fall within the affected model years, modify by rule the equivalent carbon dioxide emissions estimate included herein so as to appropriately reflect such adjustment’s impact consistent with the intent of this section.

  1. Extension of retirement period.

   1. The retirement period for any accessible taxicab or level one clean air taxicab shall be extended by two years beyond the applicable standard retirement period for taxicabs established pursuant to rule of the commission; provided that the retirement period for any such taxicab that must be retired and replaced pursuant to rules of the commission no later than thirty-six months after the vehicle is hacked up, shall be extended by one year beyond the applicable standard retirement period for taxicabs established pursuant to rule of the commission. The two-year extension period established pursuant to this paragraph shall also apply to any vehicle, as specified by rule of the commission, which is not a level one clean air taxicab as defined in this section, but which meets or exceeds the standards established pursuant to paragraph 2 of subdivision a of this section.

   2. The retirement period for any level two clean air taxicab shall be extended by one year beyond the applicable standard retirement period for taxicabs established pursuant to rule of the commission.

   3. The commission may modify the extended retirement period established pursuant to this subdivision for any taxicab where such vehicle does not pass two of the inspections, not including reinspections, conducted at the commission’s inspection facility pursuant to section 19-504 of this chapter in the twelve-month period immediately preceding the time at which such vehicle would otherwise be required to be retired pursuant to rule of the commission, or where such vehicle does not pass an inspection conducted at the commission’s inspection facility pursuant to section 19-504 of this chapter after the time at which such vehicle would otherwise be required to be retired pursuant to rule of the commission.

  1. Nothing contained herein shall affect the authority of the commission pursuant to subdivision f of section 19-504 of this chapter to order an owner to repair or replace a licensed vehicle where it appears that such vehicle no longer meets the reasonable standards for safe operation prescribed by the commission.

§ 19-536 Clean air vehicle labeling and information.

  1. For the purposes of this section, the term “clean air vehicle” shall mean any taxicab approved for use by the commission that receives an air pollution score of 9.0 or higher from the United States environmental protection agency or its successor agency and is estimated to emit 6.4 tons or less of equivalent carbon dioxide per year by the United States department of energy or its successor agency; provided that such vehicle is powered by the fuel for which such vehicle meets the above-specified standards. In the event the test method used by the United States environmental protection agency or its successor agency for determining fuel economy is adjusted in a way that impacts United States department of energy or its successor agency estimates of equivalent carbon dioxide emissions for motor vehicles, the commission shall, for vehicles that fall within the affected model years, modify by rule the equivalent carbon dioxide emissions estimate included herein so as to appropriately reflect such adjustment’s impact consistent with the intent of this section.
  2. The commission shall develop and provide information to each owner of a clean air vehicle, which shall be made available for viewing in each such vehicle in a manner that is clearly apparent to a passenger located in the back seat of such vehicle, and which (i) identifies such vehicle as a clean air vehicle; (ii) includes the address of the commission web page(s) required to be established pursuant to section 19-534 of this chapter; and (iii) includes, to the extent practicable, the estimated air quality benefits associated with the use of such vehicle and the type of fuel used to power such vehicle.

§ 19-537 Passengers’ bills of rights.

  1. For the purposes of this section, the term “livery” shall have the same meaning as defined under Title 35 of the rules of the city of New York.
  2. Every owner of a taxicab, livery or commuter van shall post passengers’ bill of rights in at least one conspicuous location in the rear passenger compartment of such taxicab, livery or commuter van in a form and location to be prescribed by commission rule.
  3. The taxicab passengers’ bill of rights shall state passengers’ rights to:

   (1) pay for a ride with credit/debit card subject to taxi and limousine commission rules;

   (2) go to any destination in New York city, Westchester county, Nassau county or Newark airport;

   (3) a car that is in good condition and has passed all required inspections;

   (4) a properly licensed driver in good standing, with the commission-issued driver’s license information on display;

   (5) direct the route taken;

   (6) a safe and courteous driver who obeys all traffic laws;

   (7) a knowledgeable driver who speaks english and is familiar with city geography;

   (8) air conditioning or heat on request;

   (9) a quiet trip free of horn honking or radio or other music playing;

   (10) clean air, which is smoke and scent free;

   (11) working seatbelts;

   (12) a clean vehicle, both inside and outside;

   (13) be accompanied by a service animal;

   (14) a driver who does not use a cell phone (hand-held or hands free) while driving;

   (15) decline to tip for poor service; and

   (16) a vehicle equipped with an operational e-z pass and payment of tolls with such pass.

  1. The livery passengers’ bill of rights shall state passengers’ rights to: (1) a car that is in good condition and has passed all required inspections; (2) a properly licensed driver in good standing, with the commission-issued driver’s license information on display;

   (3) a safe and courteous driver who obeys all traffic laws;

   (4) a quiet trip free of horn honking or radio or other music playing;

   (5) clean air that is smoke and scent free;

   (6) working seatbelts;

   (7) air conditioning or heat on request;

   (8) be accompanied by a service animal;

   (9) pay a pre-approved fare quoted by the dispatcher;

   (10) a driver who does not use a cell phone (hand-held or hands free) while driving;

   (11) decline to tip for poor service; and

   (12) request a wheelchair accessible vehicle and be provided with equivalent service.

  1. The commuter van passengers’ bill of rights shall state passengers’ rights to:

   (1) a vehicle that is in good condition and has passed all required inspections;

   (2) a properly licensed driver in good standing, with the commission-issued driver’s license information on display;

   (3) a safe and courteous driver who obeys all traffic laws;

   (4) a knowledgeable driver who is familiar with the areas where the van is authorized to provide service;

   (5) air conditioning or heat on request;

   (6) a quiet trip free of horn honking or radio or other music playing;

   (7) clean air, which is smoke and scent free;

   (8) working seatbelts;

   (9) a clean vehicle, both inside and outside;

   (10) be accompanied by a service animal;

   (11) a driver who does not use a cell phone (hand-held or hands free) while driving; and

   (12) decline to tip for poor service.

  1. In addition to the rights specified in subdivisions c and d of this section, each passengers’ bill of rights shall include a statement of passengers’ rights regarding fares and payment and regarding the lodging of passenger complaints and compliments. The content of such statement shall be prescribed by commission rule.
  2. The commission may by rule provide for additional rights to be stated in any passengers’ bill of rights.

§ 19-538 Vision impairment accessibility requirements.

  1. For the purposes of this section, “accessible to people with vision impairments” shall mean any taxicab that is equipped with instructions for contacting the commission in Braille and large-print text on the same side and in the same passenger compartment in each taxicab. If such taxicab has payment technology installed, such technology should be in the same passenger compartment in each taxicab, and should also provide a payment option, with the fare audibly announced and with audio instruction, to permit visually impaired passengers to pay unassisted, in such manner as provided for and adopted by the commission.
  2. Commencing May 1, 2013, all taxicabs must be accessible to people with vision impairments.
  3. The commission may by rule establish greater levels of accessibility for taxicabs than those required by this section.

§ 19-539 Passenger carrier information for consumers.

The department of transportation shall make available on the Internet through a web portal that is linked to nyc.gov or any successor website maintained by, or on behalf, of the city of New York, a link to the federal motor carrier safety administration’s website and a description of the safety information and data available on such administration’s website, including but not limited to a list of and a link to the federal passenger carrier safety ratings and a link to such administration’s safety and fitness electronic records system.

§ 19-540 Review of crashes.

  1. Following any crash involving a driver licensed by the commission while operating a vehicle licensed by the commission where critical injury or death resulted to one or more persons, the commission shall, upon notification of such crash, review the results of the police department’s investigation at or before the conclusion of such department’s investigation. The commission shall further review the fitness of such driver to operate a vehicle licensed by the commission and take any enforcement action that it determines appropriate, unless such driver’s commission issued license has been suspended, in which case such review may occur prior to the lifting of such suspension. The commission may summarily suspend the commission issued license of such driver while any fitness review or enforcement action is pending, consistent with the rules of the commission regarding summary suspensions. For purposes of this section, “critical injury” shall mean any injury determined to be critical by the emergency medical service personnel responding to any such incident. This section shall not limit in any way the commission’s authority to summarily suspend a driver’s commission issued license for other reasons.
  2. On or before February 1, 2015 and quarterly thereafter, the commission shall provide to the speaker of the council and shall place on the commission’s website, a written report detailing how many crashes the commission reviewed pursuant to subdivision a of this section in the prior quarter, how many summary suspensions occurred, and enforcement actions taken by the commission following such review.

§ 19-541 Serious crashes.

Where a driver licensed by the commission has been issued a summons for or charged with one or more traffic related violations or crimes in a crash in which any person has suffered critical injury or death, the license issued to such driver by the commission may be summarily suspended consistent with the rules of the commission regarding summary suspensions, and, upon conviction of such driver of one or more of the violations or crimes stated in the summons or such charges and upon a determination that one or more of such violations or crimes for which conviction occurred was a cause of such critical injury or death, such license shall be revoked. A summary suspension pursuant to this section may be lifted pursuant to the rules of the commission or upon dismissal of all such charges or upon a finding of not guilty of all of the stated traffic related violations and crimes, except that the commission may continue to suspend such license pursuant to section 19-540 of this chapter. For purposes of this section, “critical injury” shall mean any injury determined to be critical by the emergency medical service personnel responding to such crash. This section shall not limit in any way the commission’s authority to summarily suspend a driver licensed by the commission for other reasons.

§ 19-542 Reporting of crash data on commission licensed vehicles.

On or before February 1, 2015 and quarterly thereafter, the commission shall for the prior quarter provide a report to the council and shall post on its website, the number of crashes involving a vehicle licensed by the commission. Such report shall disaggregate such crashes by the type of commission licensed vehicle and by whether critical injury or death resulted from such crashes. The commission shall also maintain within its records the number of crashes each licensed driver has been involved in while operating a commission licensed vehicle. For purposes of this section, “critical injury”shall mean any injury determined to be critical by the emergency medical service personnel responding to any such incident.

§ 19-543 Requirement to have signs in taxicabs and for-hire vehicles regarding penalties for assaulting drivers.

Except as provided below, every owner of a taxicab, for-hire vehicle, commuter van, or wheelchair accessible van shall post in at least one conspicuous place in the rear passenger compartment of such vehicle a sign stating the following: “ATTENTION: Assaulting A Driver Is Punishable By Up to Twenty-Five Years in Prison” and shall ensure that such sign remains displayed in such vehicle. The commission shall promulgate rules, consistent with this section, including but not limited to the size of the sign, the number of signs per vehicle, the specific location within the vehicle of such signs, and the penalty for failing to post such signs. The provisions of this section shall not apply to black cars and luxury limousines.

§ 19-544 Vehicle retirement.

No black car shall be subject to retirement from service so long as such vehicle passes all inspections required pursuant to the vehicle and traffic law, this code, or any rules promulgated by the commission.

§ 19-545 Fare quotes.

  1. A black car base or luxury limousine base, or a dispatch service provider operating on behalf of such a base, shall not quote or charge a fare that is more than the fare listed in the rate schedule filed with the commission.
    1. Any website, smartphone application, software program accessed through an electronic device, or similar publicly-available, passenger-facing booking tool utilized by a black car base or luxury limousine base, or dispatch service provider operating on behalf of such a base, shall allow prospective passengers to request a fare quote prior to booking transportation; provided, however, that this subdivision shall not apply to trips that are the result of line work. For purposes of this section, “line work” means a type of pre-arranged service provided pursuant to a contract with a black car base in which the dispatch and passenger assignment are completed at the point of pick up by an employee or contractor of either the black car base or the contracting party.

   2. Any black car base or luxury limousine base, or dispatch service provider operating on behalf of such a base, that utilizes a booking website, smartphone application, software program accessed through an electronic device, or similar publicly-available, passenger-facing booking tool shall issue a one-time notification to any prospective passengers that accesses such booking website, smartphone application, software program accessed through an electronic device, or similar publicly-available, passenger-facing booking tool of their right to a fare quote pursuant to subdivisions b and c of this section through such website, smartphone application, software program accessed through an electronic device, or similar publicly-available, passenger-facing booking tool, or by electronic mail or text message.

    1. If a prospective passenger requests a fare quote, a black car base or luxury limousine base, or dispatch service provider operating on behalf of such a base, such base or entity shall ask such passenger to specify a destination and shall provide an accurate fare quote expressed in dollars and cents for the trip before such passenger books transportation. If such passenger agrees to receive such transportation, such base or entity shall not charge such passenger a fare that is more than 120 percent of the price quoted unless such passenger takes any action to alter the estimated route, including, but not limited to, changing the location of the pick-up, destination, number of stops, or the vehicle type requested, or requests a route change requiring the payment of a toll. Such price quote may be expressed in a range in dollars and cents, provided that the fare charged is not more than 120 percent of the highest price included in such range.

   2. If a fare quote is expressed in a range, the higher price in such range shall not be more than 150 percent of such lower price and the fare charged shall not be more than 120 of such higher price. Such higher price may be rounded to the nearest whole number; provided, however, that the price charged pursuant to paragraph 1 of subdivision c shall not be based upon a rounded price.

  1. Any black car base or luxury limousine base, or dispatch service provider operating on behalf of such a base, that has been found to have violated any provision of this section shall be subject to a civil penalty of not less than $250 nor more than $500 for each offense; provided, however, that if a passenger was charged a fare in violation of paragraph 1 of subdivision c of this section and requests that such base or entity bring the fare into compliance with such paragraph, such base or entity shall not be in violation of such paragraph if such passenger is refunded the amount of the overcharge within 10 business days of such request.

§ 19-546 Information security and use of personal information.

  1. All entities licensed by the commission, or authorized by the commission to provide services regulated by the commission, that collect or maintain passenger personal information or passenger geolocation information shall file with the commission an information security and use of personal information policy. Any policy filed pursuant to this section must include, at a minimum, the following provisions:

   (i) a statement of internal access policies relating to passenger and driver personal information for employees, contractors, and third party access, if applicable;

   (ii) a statement that, except to the extent necessary to provide credit, debit, and prepaid card services and services for any application that provides for electronic payment, personal information will only be collected and used with such passenger’s affirmative express consent and that such personal information will not be used, shared, or disclosed, except for lawful purposes;

   (iii) procedures for notifying the commission and affected parties of any breach of the security of the system, pursuant to section 899-aa of the general business law;

   (iv) a statement that any credit, debit, or prepaid card information collected by the entity or a credit, debit, or prepaid card services provider is processed by the entity or such provider in compliance with applicable payment card industry standards;

   (v) a statement of the entity’s policies regarding the use of passenger geolocation information, which must include, at a minimum, a prohibition on the use, monitoring, or disclosure of trip information, including the date, time, pick-up location, drop-off location, and real-time vehicle location and any retained vehicle location records, without such passenger’s affirmative express consent; and

   (vi) and other provisions related to the protection of passenger or driver information that the commission may require by rule.

  1. Any entity that files an information security and use of personal information policy pursuant to subdivision a of this section shall comply with the terms of such policy.
  2. Any entity that has been found to have violated subdivisions a or b of this section shall be subject to a civil penalty of $1,000 for each offense.

§ 19-547 Gratuity.

  1. Any for-hire vehicle base, or dispatch service provider operating on behalf of such a base, shall provide a means to allow passengers to provide drivers with a gratuity using the same method of payment passengers use to pay for the fare. If a for-hire vehicle base, or dispatch service provider operating on behalf of such a base, allows passengers to book and pay for a trip through a website, smartphone application, or any other passenger-facing booking tool, such website, smartphone application, or passenger-facing booking tool must provide passengers with preset gratuity options set according to the for-hire vehicle base’s discretion, but that include at least one option that is at least 20 percent of the fare, and permit passengers to manually enter another gratuity amount or percentage at the passengers’ option. A for-hire vehicle base must remit to the driver the entirety of anything designated as a gratuity collected by such base from the passenger on behalf of the driver.
  2. Any for-hire vehicle base, or dispatch service provider operating on behalf of such a base, that has been found to have violated any provision of this section shall be subject to a civil penalty of not less than $250 nor more than $500 for each offense.

§ 19-548 Licensing and operation of high-volume for-hire services.

  1. It is unlawful for a high-volume for-hire service to operate unless licensed to do so by the commission.
  2. A license to operate as a high-volume for-hire service is valid for a period of two years and the biennial fee for such license shall be set by the commission.
  3. A license for a high-volume for-hire service may be issued, or renewed, in whole or in part as applicable, by the commission, if the applicant:

   1. Submits a business plan that includes:

      (a) The number of trips arranged or dispatched through a black car base, a luxury limousine base or a livery base station during the previous calendar year, to the extent trips were arranged or dispatched through such a base or station during the previous calendar year, and an estimate of the number of trips expected to be dispatched through a black car base, a luxury limousine base or a livery base station on a daily basis upon receipt or renewal of the said license and for the two calendar years immediately following the issuance or renewal of the said license;

      (b) A projection of the number of for-hire vehicles needed to operate in accordance with the business plan of such high-volume for-hire service, and the average number of trips per vehicle that is anticipated to be provided by such service;

      (c) The geographic areas in the city such high-volume for-hire service intends to serve; and

      (d) Any other information the commission deems important to consider relating to the issuance or renewal of a license to operate as a high-volume for-hire service;

   2. Complies with any requirement established by the commission to assess the impact of the operation of a high-volume for-hire service on the environment, including, but not limited to, providing an analysis of the impact such service has on the following:

      (a) traffic congestion;

      (b) local transportation, including public transit, private motor vehicles, and other modes of transit; and

      (c) noise;

   3. (a) Provides a description of all deductions, including any commissions or other charges such high-volume for-hire service proposes to charge either the for-hire vehicle owner or the driver, or both, as applicable, including an estimate of the average gross hourly earnings of a driver, based upon actual or anticipated trips and fares, and affirms that, except for charges or deductions required by the rules of the commission, it will not charge or deduct from any for-hire vehicle owner or driver (i) any charge that has not been filed with the commission, (ii) any charge that violates the rules of the commission, regardless of whether such charge has been filed with the commission, and (iii) any automatically recurring payment for the rental, lease or purchase of a for-hire vehicle authorized pursuant to a contract entered into after the effective date of the local law that added this clause, unless such automatically recurring payment is optional and has been elected by the driver; and

      (b) Files its rates of fare with the commission; and

   4. Provides trip and revenue data that includes:

      (a) For each trip dispatched by a black car base, luxury limousine base or livery base station:

         (1) the driver license number issued by the commission;

         (2) the license number, issued by the commission, of the vehicle that fulfilled the trip request and the base or base station with which such vehicle is affiliated;

         (3) the location from which each passenger is picked up and subsequently dropped off;

         (4) the total number of passengers picked up and dropped off from the location referenced in subparagraph (3);

         (5) the date and time such passenger is picked up;

         (6) the date and time such passenger is dropped off;

         (7) the total trip mileage;

         (8) the date and time such trip request was made by a passenger;

         (9) the itemized fare for each trip including the amount of the fare, any toll, surcharge, commission rate, other deduction and any gratuity and a breakdown of the amount such passenger paid for the trip; and

         (10) the payment that each driver received for each trip or the hourly rate paid;

      (b) The total amount of time a vehicle is connected to the electronic platform of a high-volume for-hire service each day;

      (c) The amount of time spent each day by each vehicle transporting passengers for hire, as well as the time spent each day by such vehicle on the way to a passenger, and time spent by such vehicle between trips but not on the way to a passenger; and

      (d) Other information as required by the commission.

  1. The penalty for operating a high-volume for-hire service without a valid license issued by the commission is $10,000 for each day such operation takes place, except that no such penalty shall be imposed upon a high-volume for-hire service while the initial licensing application of such service is pending and until the commission has made a determination pursuant to subdivision c of this section regarding the initial licensing of such service and communicated such determination in writing to the applicant.
  • Editor’s note: Section 3 of L.L. 2018/149 provides that § 19-548 takes effect on December 12, 2018, except that subdivision d. of § 19-548 takes effect on February 10, 2018.

§ 19-549 Minimum payments to for-hire vehicle drivers and minimum fares.

  1. Definitions. For purposes of this section, the term “trip” means a transportation service that involves picking up a passenger at a location, and taking and depositing such passenger at a different location requested by such passenger.
  2. The commission shall by rule establish a method for determining the minimum payment that must be made to a for-hire vehicle driver for a trip dispatched by a high-volume for-hire service to such driver. In establishing such method, the commission shall, at a minimum, consider the duration and distance of the trip, the expenses of operation to the driver, any applicable vehicle utilization standard, rates of fare and the adequacy of for-hire vehicle driver income considered in relation to for-hire vehicle driver expenses. Such rule promulgated by the commission shall not prevent payments to for-hire vehicle drivers from being calculated on an hourly or weekly basis, or by any other method, provided that the actual payments made to such drivers are no less than the minimum payments determined in accordance with the method established by the commission.
  3. The commission shall study payments to for-hire vehicle drivers dispatched by bases other than through high-volume for-hire services for trips dispatched by such bases and may by rule establish a method for determining the minimum payment that must be made to a for-hire vehicle driver for a trip dispatched by any such base.
  4. Following completion of the study required by section 19-550, the commission shall determine whether the establishment of minimum rates of fare to be charged by vehicles licensed by the commission would substantially alleviate any of the problems identified in such study. If the commission determines that such minimum rates of fare would have such an effect, the commission is authorized to establish by rule such minimum rates of fare. In setting such minimum rates of fare, the commission may consider the category of vehicle, the type of trip, including trips in which the vehicle is available for the transportation of two or more passengers, the rates of fare for other categories of vehicles carrying passengers for hire, including but not limited to taxicabs, the location of the trip, including trips originating, terminating or passing through the hail exclusionary zone, as defined in section 51-03 of title 35 of the rules of the city of New York, and any other factors the commission determines to be appropriate to achieve their intended result. Such minimum rates of fare shall not include any taxes, fees or surcharges imposed on trips made by vehicles licensed by the commission. The commission shall, on a periodic basis, but not less than once annually, review such minimum rates of fare in order to determine whether any amendment of such minimum rates of fare is warranted or necessary in order for such minimum rates of fare to continue to achieve their intended result. If the commission determines that such an amendment is warranted or necessary, it is hereby authorized, by rule, to promulgate such amendment.

§ 19-550 Vehicle utilization standards.

  1. The commission, in conjunction with the department of transportation, shall study (i) income drivers derive from operating vehicles that provide transportation services to passengers, (ii) traffic congestion throughout the city, (iii) the extent to which various categories of vehicles for hire contribute to such congestion, (iv) traffic safety, (v) vehicle utilization rates, (vi) access to services in different geographic areas of the city for one or more categories of vehicles for hire, (vii) the number of hours that drivers have made themselves available to accept dispatches from a base or from a high-volume for-hire service by day or week, (viii) driver income and well-being, and (ix) such other topics as the commission and the department of transportation deem appropriate. The study shall be conducted during the 12 months following the effective date of the local law that added this section.
  2. Based on the results of the study conducted pursuant to subdivision a of this section, the commission:

   1. may establish vehicle utilization standards for the operation of vehicles dispatched by high-volume for-hire services in the city and, if such standards are established, shall review such standards on a periodic basis, but not less than once annually, and based on such review may revise such standards for the operation of such vehicles; and

   2. shall review the number of for-hire vehicle licenses on a periodic basis, but not less than once annually, and based on such review may regulate the number of for-hire vehicle licenses issued pursuant to section 19-504.

  1. The commission may vary the vehicle utilization standards established, and the number of licenses issued, pursuant to subdivision b of this section, by geographic area of the city, time of day, day of the week, whether a vehicle is a wheelchair accessible vehicle or a low- or zero-emission vehicle and by such other factors as the commission deems appropriate to address traffic congestion, shared rides, traffic safety, vehicle emissions, for-hire vehicle ridership, the income drivers derive from providing transportation services to passengers and the availability of for-hire vehicle services in different geographic areas of the city.
  2. For each trip a high-volume for-hire service offers or otherwise facilitates through one or more black car base, luxury limousine base or livery base station, the commission may require the following data be provided:

   1. For each trip dispatched by such base or base station:

      (a) the driver license number issued by the commission;

      (b) the license number, issued by the commission, of the vehicle that fulfilled the trip request and the base or base station with which such vehicle is affiliated;

      (c) the location from which each passenger is picked up and subsequently dropped off;

      (d) the total number of passengers picked up and dropped off from the location referenced in subparagraph (c);

      (e) the date and time such passenger is picked up;

      (f) the date and time such passenger is dropped off;

      (g) the total trip mileage;

      (h) the date and time such trip request was made by a passenger;

      (i) the itemized fare for each trip including the amount of the fare, any toll, surcharge, commission rate, other deduction and any gratuity and a breakdown of the amount such passenger paid for the trip; and

      (j) the payment that each driver received for each trip or the hourly rate paid;

   2. The total amount of time a vehicle is connected to the electronic platform of a high-volume for-hire service each day;

   3. The amount of time spent each day by each vehicle transporting passengers for hire, as well as the time spent each day by such vehicle on the way to a passenger, and time spent by such vehicle between trips but not on the way to a passenger; and

   4. Any additional information required by the commission to conduct the study required by subdivision a or to review:

      (a) the vehicle utilization standards authorized to be established by subdivision b of this section; and

      (b) the issuance of licenses authorized to be regulated by subdivision b of this section.

  1. The commission shall establish penalties to be imposed on a high-volume for-hire service for the failure of such service to meet any vehicle utilization standards established pursuant to this section. Such penalties shall be calculated by multiplying the total number of trips dispatched by such service within a 24-hour period by the following penalty ranges: no less than $0.01 per trip dispatched and no greater than $0.10 per trip dispatched for the first violation of any vehicle utilization standard; no less than $0.50 per trip dispatched and no more than $0.80 per trip dispatched for a second violation within a 24-month period; and no less than $1 per trip dispatched and no greater than $5 per trip dispatched for any subsequent violation within a 24-month period. The establishment of penalties by the commission shall depend on an assessment of factors, which shall include but need not be limited to the extent to which the high-volume for-hire service has failed to meet any vehicle utilization standard established by the commission during the previous 12 months, the scale of the divergence from such standard, and the number of vehicles dispatched by such service in a 24-hour hour period. Such civil penalties shall not affect the authority of the commission to suspend or revoke the license of any high-volume for-hire service or the license of any base or base station.
  2. A high-volume for-hire service shall not deduct any payment owed to any driver for a trip dispatched by such service for the payment of any penalties imposed by the commission pursuant to subdivision e of this section. The commission shall establish penalties no less than $500 and no greater than $1,000 for each violation of this subdivision.
  3. The commission shall no later than December 31, 2020 and annually thereafter submit to the council and the mayor a report on the effects of vehicle utilization standards and the regulation of the number of licenses issued to for-hire vehicles authorized by subdivision b of this section.

§ 19-551 Driver assistance.

  1. Driver assistance services. The commission, in consultation with the department of consumer affairs, the department of small business services and any other agencies designated by the mayor, shall provide services and information to assist drivers, or owners of vehicles, licensed by the commission including but not limited to financial counseling, mental health services and referrals to non-profit organizations or other entities that may provide additional assistance to such drivers or owners. The commission may provide such services and information through the unit that issues licenses, the website of the commission, or such other means as the commission deems appropriate.
  2. Financial education for drivers. The commission, in consultation with the department of consumer affairs and any other agencies designated by the mayor, shall engage in outreach and education efforts that are intended to inform individuals who are considering whether to enter into purchase, rental, lease or loan agreements for the purpose of obtaining vehicles for use as for-hire vehicles, and individuals who are considering whether to purchase, refinance or lease a taxicab license, about the costs and benefits of entering into such arrangements and transactions. Such outreach and education efforts may include written materials describing the common terms of such arrangements and transactions and identifying resources intended to help an individual understand the terms of such arrangements and transactions. The commission shall make any materials designed for the purposes of conducting such outreach and education available in English and in the six languages most commonly spoken by drivers, as those languages are determined by the commission, and in any other languages the commission determines to be appropriate. The commission shall make such materials available on the commission’s website.

§ 19-552 Risk of loss on trip payments.

  1. Notwithstanding any inconsistent regulations, provisions of law or provisions of any contract entered into after the effective date of the local law that added this section, if a payment transaction for a completed trip dispatched by a high-volume for-hire service fails, such high-volume for-hire service shall ensure that the driver receives the entire amount owed to such driver for such completed trip.
  2. Notwithstanding subdivision a of this section, a high-volume for-hire service may refuse to deposit funds to a driver for rendering services upon a reasonable belief that the driver’s account is associated with fraudulent activity.
  3. Any high-volume for-hire service that violates this section is liable for a civil penalty of not less than $250 nor more than $500 for each offense.

§ 19-553 Leasing, rental and conditional purchase of for-hire vehicles.

  1. The commission shall promulgate consumer protection and disclosure rules regarding leasing, rental, lease-to-own, and conditional purchase arrangements to obtain a for-hire vehicle for use with a license issued by the commission. Such rules may differ for different types of financial arrangements and different lengths of time of such arrangements. In promulgating such rules, the commission shall at a minimum consider the following:

   1. A requirement that financial arrangements be in writing and signed by the lessor and lessee, with a copy provided to the lessee upon execution and upon lessee request;

   2. Requiring that all terms must be written in clear and unambiguous language;

   3. A requirement that the terms of the arrangement include:

      (a) The beginning and end date of the arrangement;

      (b) All costs and fees that may be charged under the arrangement, with costs for additional services such as insurance and licensing clearly indicated; and

      (c) An explanation of the conditions that will result in the imposition of any cost or fee;

   4. A requirement that if the arrangement includes charges for licensing the vehicle with the commission, the arrangement must provide an itemized explanation of the costs associated with such licensing, to include the amount of any fee imposed by the commission; and

   5. Requiring that arrangements provide notice of appropriate mechanisms for reporting complaints regarding overcharges.

  1. The commission may deny an application for a license for a vehicle subject to a leasing, rental, lease-to-own or conditional purchase arrangement if such leasing, rental, lease-to-own or conditional purchase arrangement does not comply with the rules of the commission.
  2. Requirements imposed by the rules promulgated pursuant to this section shall apply only to leasing, rental, lease-to-own and conditional purchase arrangements executed after the effective date of the local law that added this section.

Chapter 6: School Buses

§ 19-601 Safety measures on school buses; declaration and findings.

The council hereby finds that a serious emergency exists as to the safety of handicapped children transported to and from schools in school buses and other vehicles. Handicapped school children have been grievously injured, maimed and killed due to lack of seat belts and guards or escorts on school buses. The council finds that in order to prevent further tragedies to our handicapped school children the provisions of this section are declared necessary and are designed to protect, the safety, health and general welfare of our school children.

§ 19-602 Seat belts.

All buses or other motor vehicles engaged in the business of transporting handicapped children to and from schools in the city shall be equipped with seat belts for each seat on such a bus, or other safety appliances prescribed by the national bureau of standards or other authorized governmental agencies promulgating rules relating to auto safety.

§ 19-603 Escorts.

  1. All buses and other motor vehicles transporting handicapped children to and from school in the city shall be staffed, in addition to the driver thereof, with an escort. It shall be the duty and responsibility of such escort to generally supervise and aid the handicapped children riding such bus; to require each child to utilize a seat belt or other safety device and to escort the children on and off each bus to an area of safety.
  2. The driver of a bus transporting children to and from school in the city shall not proceed after having halted such bus to take on or discharge a passenger until he or she has received assurance from the escort that the children are seated, have fastened the safety belt on the seat and that it is otherwise safe to proceed.

§ 19-604 Dual opening doors.

All buses transporting handicapped children in the city, after September first, nineteen hundred seventy-five, shall be equipped with dual opening doors so that said doors shall open from no less than two sides of the motor vehicle.

§ 19-605 Air-conditioning.

  1. Any bus or other motor vehicle transporting a child with a disability to and from a school in the city pursuant to any agreement or contract shall be air-conditioned when the ambient outside temperature exceeds seventy degrees Fahrenheit. Drivers of all such vehicles shall utilize such air conditioning systems in order to make the internal climate of such vehicles comfortable to passengers in order to protect or enhance the health of children with disabilities. Any failure, mechanical or otherwise, of an air-conditioning system required by this section shall be repaired and restored to operable condition as soon as is practicable, but in no event more than three business days subsequent to the failure. For purposes of this section, “child with a disability” shall mean a child with a disability as defined in section 4401(1) of the education law who requires an air-conditioned environment for health reasons.
  2. The penalty provisions set forth in section 19-607 of this chapter shall not apply to any violation of the provisions of this section. Any owner, operator or contractor responsible for transporting a child with a disability to and from a school in the city pursuant to any agreement or contract shall be liable for a civil penalty of four hundred dollars for each violation of this section.

§ 19-606 School bus service.

  1. Except as provided in subdivisions d, e and f of this section, no student shall be allowed to board a school bus operated by or pursuant to a contract with the board of education unless a seat is available for the student.
  2. The board of education shall prepare and, when necessary, revise two school bus service plans annually to ensure that all students eligible to receive school bus service to and from the schools they legally attend shall be provided with a seat on a school bus. One plan shall relate to school bus service to be provided during the session of the school year beginning in September and ending in June and one plan shall relate to school bus service to be provided during a summer school session. Each plan shall be prepared prior to the first day of the session of the school year to which it relates and shall include the following information: (i) the criteria used by the board of education to determine whether a student is eligible to receive school bus service; (ii) for each school, a summary description of the school bus routes servicing the school; (iii) for each school bus route, the number of students eligible to ride on the school bus operating on the route and the maximum seating capacity of such school bus; and (iv) any other information the board of education deems relevant. Upon completion of the plans, they shall be submitted to the mayor and the speaker of the city council.
  3. If at any time during any session of a school year the number of students eligible to ride on a school bus operating on a particular school bus route exceeds the maximum seating capacity of the school bus operating on such route, the board of education shall revise the affected school bus service plan, and take all steps necessary to ensure that all students eligible to receive school bus service are provided with a seat on a school bus. A revised plan shall identify any changes to the information provided pursuant to paragraphs (i), (ii), (iii) and (iv) of subdivision b of this section and, in addition, shall describe, for each school bus route affected by the revision, the steps taken to ensure that the number of students eligible to ride on a school bus operating on a particular school bus route does not exceed the maximum seating capacity of the school bus operating on such route. Upon completion of a revised plan, it shall be submitted to the mayor and the speaker of the city council.
  4. Not later than ten days prior to the first day of the session of the school year beginning in September, and not later than ten days prior to the first day of a summer school session, the board of education shall prepare, and provide to each bus company that will be transporting students to or from school, lists of students eligible to ride on the school buses operating on the school bus routes serviced by such bus company. A separate list shall be compiled for each school bus route. Each list shall identify each eligible student by name, school bus stop and school, but shall not contain any other information relating to such student. The board of education shall require that bus companies provide to bus drivers the list appropriate for each school bus route. The board of education shall prepare, and promptly provide to each bus company, revised and updated lists that reflect any changes necessary to comply with the requirements of this section. All students listed as eligible to receive school bus service on a particular school bus route shall be entitled to board the school bus operating on such route. During transport to school at the beginning of the regular school day, students not listed as eligible to receive school bus service on a particular school bus route shall not be allowed to board the school bus operating on such route, provided, however, that where such students waiting to board such school bus are not accompanied by an adult, the bus driver shall allow such students to board such school bus. During transport from school at the close of the regular school day, students not listed as eligible to receive school bus service on a particular school bus route shall not be allowed to board the school bus operating on such route unless authorized to do so by personnel assigned by the principal pursuant to subdivision e of this section.
  5. The principal of each school to or from which students are transported by school bus shall assign personnel to monitor students exiting school buses at the beginning of the regular school day and boarding school buses at the close of the regular school day. Such personnel shall be provided with the same lists provided to bus drivers pursuant to subdivision d of this section. Such personnel shall: (i) at the close of the regular school day, determine whether to allow a student not listed as eligible to receive school bus service on a particular school bus route to board the school bus operating on such route; (ii) notify the parent or legal guardian of such student that he or she has been or may be prohibited from boarding a school bus; (iii) provide the parent or legal guardian with the name, address and telephone number of the office responsible for determining whether a student is eligible to receive school bus service; (iv) for each school bus, maintain a record of students not listed as eligible who exit or board the bus; and (v) determine whether information regarding such students should be referred to the office responsible for determining whether a student is eligible to receive school bus service and, where appropriate, report such information to such office. The information reported to such office, together with such other relevant information available to the board of education, shall be considered in determining whether and how to revise the affected school bus service plan and revise and update the lists of eligible students in accordance with subdivisions c and d of this section.
  6. Notwithstanding any other provision of this section to the contrary, during the first ten days of the session of the school year beginning in September and during the first ten days of a summer school session, a student waiting at a school bus stop to board a school bus transporting students to the school attended by the student may be allowed to board the school bus, whether or not such student is listed as eligible to receive school bus service on that school bus route and, at the close of the regular school day, may be allowed to board the school bus stopping at such school bus stop.
  7. The provisions of this section shall apply only to those school buses operated by or pursuant to a contract with the board of education.

§ 19-607 Penalty.

Any person, firm or corporation who shall violate the provisions of this chapter shall be punished by a fine of five hundred dollars, or by imprisonment not to exceed three months or by both such fine and imprisonment.

§ 19-608 Communication devices on school buses.

  1. Any bus or other motor vehicle used to transport students to or from schools pursuant to a contract between a school bus vendor and the department of education shall, at all times that students are present on such vehicle, be equipped with an operational two-way radio or other authorized communication device capable of allowing communication with the driver of such vehicle.
  2. The department of education shall promulgate rules regarding the safe usage of such communication devices.

Editor’s note: Pursuant to § 2 of L.L. 2019/032, this section takes effect the first day of the 2019-2020 school year.

§ 19-609 Global positioning systems on school buses.

  1. For purposes of this section, the term “GPS” means a global positioning system, or a comparable location tracking technology, that uses navigational satellites to determine a user’s location and velocity in real time.
  2. Any bus or other motor vehicle used to transport students to or from schools pursuant to a contract between a school bus vendor and the department of education shall, at all times that students are present on such vehicle, be equipped with a GPS tracking device.
  3. A GPS tracking device installed on any bus or other motor vehicle used to transport students to or from schools shall be operational at all times such vehicle is in use pursuant to the contract.
  4. GPS data regarding the real time location and velocity of the bus or other motor vehicle used to transport students to or from schools shall be made available electronically to the department, as well as to authorized parents or guardians of students who are being transported by such bus or other motor vehicle.
  5. Records created by any such GPS tracking devices shall be maintained in an electronic database.
  6. No information that is otherwise required to be reported or be made available electronically pursuant to this section shall be reported or be made available electronically in a manner that would violate any applicable provision of federal, state or local law related to the privacy of information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement.
  7. Beginning April 30, 2020, and on or before each October 31 and April 30 thereafter, the department shall submit to the speaker of the council for the relevant reporting period, as defined in section 21-993, the scheduled arrival and departure times for each transportation site, and data points, including the time of day corresponding with the actual arrival at the first and last transportation site of each special education school bus route and general education school bus route for each day of the reporting period. Such information shall also include the school bus vendor.

Editor’s note: Pursuant to § 2 of L.L. 2019/032, this section takes effect the first day of the 2019-2020 school year.

Chapter 7: Accessible Water Borne Commuter Services Facilities Transportation Act

§ 19-701 Short title.

This chapter shall be known and may be cited as the “Accessible Water Borne Commuter Services Facilities Transportation Act”.

§ 19-702 Legislative findings and intent.

The Council hereby finds that the city of New York’s water borne commuter services facilities are not uniformly accessible to disabled persons. This is a matter of serious concern affecting the public safety and welfare. The Council believes that there is an immediate need for regulation of water borne commuter services in order to enable disabled members of the public to have access to such services on an equal basis with non-disabled persons. The Council believes that under the Americans with Disabilities Act (ADA), disabled persons have the right to access commuter transportation services on an equal and non-discriminatory basis. However, the Council finds that no federal or state laws, rules or regulations are in effect that establish specific standards regarding access by disabled persons to water borne commuter services facilities in the city or the safety of such persons when utilizing such facilities. As a result, disabled persons in the city of New York are not assured that they can safely and consistently access water borne commuter services facilities. This legislation sets specific standards in relation to mandating accessible water borne commuter services facilities for disabled persons, thereby minimizing the tremendous and unfair burden placed on disabled persons who rely on these services. The Council further finds that the city’s transportation needs and system are unique in that, unlike many other cities, major waterways are interspersed throughout the greater New York city area, resulting in residential concentrations that are in many instances separated by water from major centers of employment. Consequently, the city historically has had an extensive passenger ferry system. Furthermore, because of increasing levels of traffic congestion and air pollution, and concerns regarding the threat of terrorism to other modes of transportation, the city is rapidly developing an increasingly expansive system of passenger ferry transportation. The Council finds that it is imperative that such development results in water borne commuter services facilities that are accessible to all persons.

§ 19-703 Definitions.

For purposes of this chapter, the following terms shall be defined as follows:

  1. “Accessible route” has the meaning set forth in section 19-705.
  2. “ADA” means the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.
  3. “Coaming” means the vertical plating bounding a hatch or located at the base of a door for the purpose of stiffening the edges of the opening and resisting entry of water.
  4. “Disabled persons” means persons with physical disabilities, including but not limited to mobility impairments, sight impairments, hearing impairments and speech impairments, and further includes persons utilizing a service animal or wheelchair or other physical mobility aid.
  5. “Gangway” means a pedestrian walkway that changes slope to accommodate changes in water level, linking a fixed structure or land with a barge, float, dock or other floating structure except a water borne commuter vessel.
  6. “Operator” means any person or private or governmental entity that owns or operates a water borne commuter services facility.
  7. “Passenger” means every person other than the captain and crew on board a water borne commuter vessel.
  8. “Point of embarkation or disembarkation” means any portal point of entry or exit onto or off of a water borne commuter vessel, or into or out of the main cabin area of such water borne commuter vessel.
  9. “Transition plate” means any sloping pedestrian walking surface located at the end of a gangway, vessel loading equipment, point of embarkation or disembarkation or coaming.
  10. “Vessel loading equipment” means any piece of equipment or assembly of equipment, whether or not such equipment requires operation by water borne commuter services facility personnel, that may be located on a water borne commuter vessel or located on a landing, that bridges from a water borne commuter vessel to a barge, float, dock or other floating structure or landing, the purpose of which is to accommodate the differences in elevation between such water borne commuter vessel and such barge, float, dock or other floating structure or landing.
  11. “Water borne commuter services facility” means any dock, pier, slip or terminal located within the city of New York or its territorial waters and utilized by a water borne commuter vessel, as well as water borne commuter vessels and any concession, ticket purchasing or other facility or amenity available at or on such dock, pier, slip, terminal or water borne commuter vessel.
  12. “Water borne commuter vessel” means every description of water craft operating within the city of New York or its territorial waters, including commuter ferries but excluding seaplanes, that is used as a means of commuter passenger mass transportation by water.

§ 19-704 Scope.

All water borne commuter services facilities located or operating within the city of New York or its territorial waters shall be accessible to disabled persons as provided in this chapter.

§ 19-705 Accessible route.

Except as may otherwise be set forth herein, there shall be at least one accessible route (i) to, (ii) into, (iii) onto and (iv) throughout any water borne commuter services facility consisting of a continuous, firm, stable and slip-resistant path that is maintained free of ice and snow; provided, however, that except as may be required pursuant to federal or state law, rule or regulation, no water borne commuter services facility shall be required to modify or install an elevator in order to satisfy the requirements of this chapter. No accessible route may have any vertical steps or rises greater than 1/2 inch unless made accessible by ramps, gangways or transition plates complying with this section. No accessible route may require that use thereof or accessibility thereto be conditioned upon prearrangement except to the extent a ticket must be purchased or fare must be paid. An accessible route shall provide or satisfy the following additional criteria, as applicable:

  1. Points of embarkation and disembarkation. Each point of embarkation and disembarkation shall provide or satisfy each of the following criteria:

   1. A minimum clear width of 36 inches, exclusive of any bulwarks, lifelines, deck rails and toe rails; provided, however, that where the main deck area of a water borne commuter vessel is less than 3,000 square feet, such clear width shall be at least 32 inches, exclusive of any bulwarks, lifelines, deck rails and toe rails.

   2. Doors and doorways with a minimum width of 32 inches; provided, however, that any projections into such clear opening shall be mounted at least 34 inches above the finished deck surface; and provided, further, that any projections situated 34 inches or higher than the finished deck surface and 80 inches or lower from the finished deck surface shall not exceed 4 inches.

   3. Transition plates or ramps with a maximum slope of 1:12, or as close thereto as is feasible for access to water borne commuter vessels and the inner cabins of such vessels that have steps or coamings leading into such cabins; provided, however, that such transition plates and ramps may be removable. With respect to water borne commuter vessels designed or constructed after the date of enactment of the local law that added this chapter, removable coamings shall be utilized where feasible and permitted by the United States Coast Guard, pursuant to Title 14 of the United States Code or any rules or regulations promulgated pursuant thereto.

   4. Notwithstanding anything to the contrary contained herein, wherever there are multiple points of embarkation or disembarkation, and two or more such points are simultaneously utilized at any given docking, only one such point need comply with the provisions of this section.

  1. Gangways. Gangways shall provide or satisfy each of the following criteria:

   1. Handrails on each side.

   2. A minimum clear width of 36 inches, which width shall be measured between the inside edges of handrails.

   3. A maximum running slope of 1:12 and a maximum cross slope of 1:48, subject to reasonable and minor variations under extreme and unusual tidal conditions.

   4. Edge protection on each side.

   5. A design that ensures that no water will accumulate on walking surfaces.

   6. A rise which may exceed 30 inches.

   7. A length which may exceed 30 feet between level landings; provided, however, that such slope may not exceed 1:12 subject to reasonable and minor variations under extreme and unusual tidal conditions.

  1. Transition plates. Transition plates shall provide or satisfy each of the following criteria:

   1. A maximum slope of 1:12.

   2. A minimum clear width of 36 inches.

   3. Handrails on each side, where the length of a transition plate exceeds 24 inches.

   4. The transition from the deck to the transition plate may be vertical without edge treatment up to 1/4 inch. Changes in level between 1/4 inch and 1/2 inch shall be beveled with a slope no greater than 1:2.

   5. Transition plates that are 36 inches or less in length shall support a minimum load of 300 lbs. Transition plates that are greater than 36 inches in length shall support a minimum load of 100 lbs. per square foot.

  1. On board maneuvering space and clear paths. On board maneuvering space and clear paths shall provide or satisfy each of the following criteria:

   1. An on board maneuvering space shall be provided adjacent to the accessible opening in the bulwarks, lifelines, deck rails or toe rails which is either (i) 60 inches minimum by 60 inches minimum or (ii) 42 inches minimum in depth and starting at one side of the opening and extending 80 inches minimum in width across the opening (see figure 1, L-Shaped Space, as set forth in this subdivision).

   2. At least one clear path of at least 32 inches in width shall run from each point of embarkation and disembarkation to all facilities available to the general public on the level of such water borne commuter services vessel where such point of embarkation or disembarkation is located.

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FIGURE 1

  1. Clear deck spaces. Clear deck spaces shall provide or satisfy each of the following criteria:
  1. Measure at least 30 inches by at least 48 inches for placement of wheelchairs, exclusive of legroom for other passengers. Such clear spaces may also be provided in the form of readily folding or removable seats.
  2. A tie down system that complies with subdivision (f) of this section.
  3. The number of clear deck spaces shall be provided in accordance with Table 1 of this subdivision and shall be dispersed throughout the water borne commuter vessel’s passenger areas; provided, however, that at least one such space shall be provided on any outdoor passenger area on water borne commuter vessels with a passenger capacity of 101 or more.

Table 1. Clear Deck Spaces

Passenger capacity of water borne commuter vessel Minimum Number
0 to 100 2
101 to 149 4
150 and above 6

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   4. This subdivision does not apply to spaces reachable only by vertical or inclined ladder.

  1. Tie-down systems. Tie-down systems for securing wheelchairs within water borne commuter vessels shall provide or satisfy each of the following criteria:

   1. Each tie-down system shall consist of any tie-down system acceptable for taxi, van or bus transportation as provided under the United States department of transportation regulations or four d-rings securely fastened to the deck.

   2. Where d-rings are used, lashings, also known as marine-strength quality rope, shall be provided to secure a wheelchair to the d-rings.

   3. Security belts for securing disabled persons in their wheelchairs for use by disabled persons at their discretion.

  1. Toilet rooms. Where one or more toilet rooms are provided on a water borne commuter vessel at least one such toilet room shall provide or satisfy each of the following criteria:

   1. An entry door with a clear width of at least 32 inches that is capable of being opened and closed by the occupant.

   2. A maneuvering space of at least 48 inches in depth and at least 80 inches in width outside the entry door (see figure 1, subdivision (d)); provided, however, that where the entry door has a clear width of at least 42 inches, the maneuvering space at the door shall be at least 32 inches by 48 inches.

   3. A horizontal grab bar at least 24 inches in length and located 33 inches to 36 inches above the finished deck surface and adjacent to the toilet; provided, however, that this requirement shall not apply to those water borne commuter vessels the deck length of which is 48 feet or less.

   4. A toilet positioned 17 inches to 19 inches above the finished deck surface, measured to the top of the toilet seat.

   5. Clear deck space of at least 30 inches by at least 48 inches adjacent to the toilet.

   6. Notwithstanding anything to the contrary contained herein, any water borne commuter vessel with a passenger capacity of 1000 or more persons currently scheduled to be decommissioned before November 1, 2005 shall be exempt from the requirements of this subdivision.

  1. Vessel loading equipment. Vessel loading equipment shall provide or satisfy each of the following criteria:

   1. A maximum slope of 1:12 where feasible; provided, however, that where achieving such a maximum slope is not feasible, any vessel loading equipment exceeding such slope shall comply with the following additional criteria:

      (i) A slope no greater than 1:10.

      (ii) Must be designed and operated such that disabled persons are able to embark onto and disembark from a water borne commuter vessel without water borne commuter services facilities personnel pushing, carrying, pulling, lifting or otherwise physically handling disabled persons.

   2. Deck surfaces that do not have protrusions from the surface greater than 1/4 inch.

   3. No opening along the bottom surface shall permit passage of a 1/2 inch diameter sphere. Elongated openings shall be placed so that the long dimension is perpendicular to the predominant direction of travel.

   4. Handrails on each side.

   5. A minimum clear width of 36 inches, which width shall be measured between the inside edges of handrails; provided, however, that where vessel loading equipment leads directly to a point of embarkation or disembarkation that is permitted to be 32 inches in width under the terms of this chapter, such vessel loading equipment may narrow to a width of 32 inches at that end that abuts such 32 inch point of embarkation or disembarkation.

   6. Edge protection on each side.

   7. Any vessel loading equipment that is 30 inches or longer in length shall support a minimum load of 600 lbs. placed at the center of such vessel loading equipment and distributed over an area of 26 inches by 26 inches, with a safety factor of at least 3 based on the ultimate strength of the material. Vessel loading equipment shorter than 30 inches shall support a minimum load of 300 lbs.

§ 19-706 Posting of schedules, rates, departure and arrival information and complaint number.

  1. All schedules, rates, departure and arrival information shall be posted in accordance with the ADA.
  2. Wherever there may be multiple points of embarkation onto a water borne commuter vessel, operators of water borne commuter services facilities shall prominently post signage and make regular announcements notifying passengers of which point of embarkation is part of an accessible route for each boarding.
  3. Operators of water borne commuter services facilities shall post a sign to be prominently displayed at the ticket counter as well as inside each water borne commuter vessel in accordance with the ADA and stating the following: “ANY COMPLAINTS REGARDING THE ACCESSIBILITY OF THIS FACILITY TO DISABLED PERSONS MAY BE REPORTED TO THE CITY OF NEW YORK BY DIALING 311.”

§ 19-707 Transportation to and from water borne commuter services facilities.

  1. Seventy-five percent of all buses and vans operated, sponsored, chartered, leased or otherwise placed into operation within the city of New York by water borne commuter services facilities operators or their affiliates as of the date of enactment of the local law that added this chapter shall meet the standards for accessibility for new vehicles as set forth in department of transportation regulations at 49 CFR part 38, subpart B by March 1, 2007.
  2. One hundred percent of all buses and vans operated, sponsored, chartered, leased or otherwise placed into operation within the city of New York by water borne commuter services facilities operators or their affiliates as of the date of enactment of the local law that added this chapter shall meet the standards for accessibility for new vehicles as set forth in department of transportation regulations at 49 CFR part 38, subpart B by December 31, 2008.
  3. Buses and vans purchased or newly chartered or leased by water borne commuter services facilities operators or their affiliates after the date of enactment of the local law that added this chapter shall meet the standards for accessibility for new vehicles, as set forth in department of transportation regulations at 49 CFR part 38, subpart B.

§ 19-708 Safety and training.

Operators shall ensure that an appropriate number of water borne commuter services facility personnel, and in no event less than one such person, be aboard each water borne commuter vessel during all crossings who are trained in appropriate safety and evacuation procedures for disabled persons.

§ 19-709 Enforcement.

The commission on human rights shall enforce the provisions of this chapter pursuant to the adjudication and mediation provisions as set forth in chapter 1 of title 8 of the administrative code of the city of New York.

§ 19-710 Violations.

  1. Any violation of any provision of this chapter or any rules promulgated hereto shall be liable for a civil penalty of not less than two hundred and fifty dollars per violation per day for every day that such violation occurs until such violation is remedied or removed.
  2. Penalties imposed pursuant to this section shall not affect any right or remedy available or civil or criminal penalty applicable under law to any individual or entity, or in any way diminish or reduce the remedy or damages recoverable in any action in equity or law before a court of law with competent jurisdiction.

§ 19-711 Reporting requirements.

The department, the commission on human rights and operators of any water borne commuter services facility each shall provide the mayor and the city council with a semiannual report by January thirty-first and July first of each year setting forth information regarding compliance and non-compliance with this chapter at each water borne commuter services facility, as applicable, regulated pursuant to this chapter. Such information shall include, but not be limited to, any violations, fines, complaints reported to the city of New York 311 Citizen Service Center or otherwise reported to the department, the commission on human rights or operators of any water borne commuter services facility, litigation instituted as a result of the provisions of this chapter and a detailed description of safety and training procedures implemented pursuant to section 19-708 of this chapter.

§ 19-712 Severability.

If any section, subdivision, sentence, clause, phrase or other portion of the local law that added this chapter is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of the local law that added this chapter, which remaining portions shall continue in full force and effect.

Chapter 8: Citywide Transit Study

§ 19-801 Citywide transit study.

  1. No later than September 1, 2017, the department shall consult with the metropolitan transportation authority and, with input from the public, submit to the council, the borough presidents, and the community boards and post on the department’s website a citywide transit study. Such study shall include:

   1. A plan to create a citywide network of bus rapid transit lines connecting the boroughs of the city of New York including the following: (a) areas of the city in need of additional bus rapid transit options; (b) strategies for serving areas of the city identified for growth by at least one of the following sources: the department of city planning, the department of housing preservation and development, or the economic development corporation; (c) identifying potential additional intra-borough and/or inter-borough bus rapid transit corridors the department intends to establish in the ten years following the release of such plan; (d) strategies for integration with current and future transit routes in the region; and (e) the anticipated capital and operating costs of such additional bus rapid transit lines;

   2. Plans for transit improvement other than bus rapid transit, which may include local bus, light rail and subway, and other modes, to serve areas identified as part of such study to be in need of transit access; and

   3. Strategies to improve transit access to neighborhoods underserved by the subway system.

  1. No later than September 1, 2019 and every two years thereafter through September 1, 2027, the department shall submit to the council, the borough presidents, and the community boards and post on the department’s website a summary on the implementation of the plan required under paragraph 1 of subdivision a of this section, including, but not limited to: information on the establishment of additional bus rapid lines; any deviations from such plan and reasons for deviations; and monies allocated to capital and operating costs for such additional lines.

Chapter 9: Photo Speed Violation Monitoring Program*

§ 19-901 Definitions. [Repealed]

(L.L. 2018/160, 9/4/2018, repealed eff. 7/11/19)

§ 19-902 Speeding in school speed zones prohibited. [Repealed]

(L.L. 2018/160, 9/4/2018, repealed eff. 7/11/19)

§ 19-903 Penalties. [Repealed]

(L.L. 2018/160, 9/4/2018, repealed eff. 7/11/19)

§ 19-904 System maintenance and operation. [Repealed]

(L.L. 2018/160, 9/4/2018, repealed eff. 7/11/19)

§ 19-905 Implementation. [Repealed]

(L.L. 2018/160, 9/4/2018, repealed eff. 7/11/19)

Chapter 10: Special Hearing Procedures Applicable to Violations of Taxi and Limousine Commission Laws or Regulations

§ 19-1001 Definitions.

For purposes of this chapter, the following terms have the following meanings:

Administrative law judge. The term “administrative law judge” means a person appointed by the chief administrative law judge of the office of administrative trials and hearings pursuant to section 1049 of the charter.

Appeals unit. The term “appeals unit” means the unit authorized under section 6-19 of title 48 of the rules of the city of New York to review administrative law judge and hearing officer decisions.

Commission. The term “commission” means the New York city taxi and limousine commission.

Hearing officer. The term “hearing officer” means a person designated by the chief administrative law judge of the office of administrative trials and hearings, or such judge’s designee, to carry out the adjudicatory powers, duties and responsibilities of the tribunal.

Petitioner. The term “petitioner” means the city agency authorized to issue notices of violation returnable to the tribunal.

Respondent. The term “respondent” means the person against whom the charges alleged in a summons have been filed.

Summons. The term “summons” means the document, including a notice of violation,that specifies the charges forming the basis of an adjudicatory proceeding before the tribunal.

Tribunal. The term “tribunal” means the office of administrative trials and hearings hearings division, which includes the administrative tribunal referenced in section 19-506.1.

§ 19-1002 Appearances at commission-related hearings.

  1. At a hearing before the tribunal on a violation of a law or regulation enforced by the commission, the petitioner shall appear in one of the following ways:

   1. In person;

   2. By sending an authorized representative who is an attorney admitted to practice law in New York state or another authorized representative as the office of administrative trials and hearings permits by rule; or

   3. When the tribunal offers the opportunity to do so, by remote methods as the office of administrative trials and hearings permits by rule.

  1. Such hearing shall not proceed without the appearance of the petitioner.
  2. The tribunal shall dismiss such violation if a petitioner fails to appear within thirty minutes of the timely appearance by the respondent or to make a timely request to reschedule pursuant to title 48 of the rules of the city of New York. The tribunal shall carry out such dismissal in accordance with its rules of practice, pursuant to title 48 of the rules of the city of New York.
  3. At a hearing before the tribunal on a violation of a law or regulation enforced by the commission, the respondent may appear by remote methods, including the use of internet video, provided that any such method provides a visual image of the respondent sufficient to permit the respondent’s identity to be verified. The office of administrative trials and hearings and the commission shall establish a process for the submission of evidence by respondents who choose to appear by a remote method.

§ 19-1003 Administrative law judge and hearing officer discretion to reduce commission penalties.

  1. If an administrative law judge or hearing officer finds a violation, except for a violation under section 19-507, such administrative law judge or hearing officer may, in the interest of justice, and upon the petition of the respondent, reduce the penalty for such violation set by the commission after determining that such reduction is appropriate because one or more compelling considerations or circumstances clearly demonstrates that imposing such penalty would constitute or result in injustice. In determining whether such compelling consideration or circumstance exists, the administrative law judge or hearing officer shall, to the extent applicable, consider, individually and collectively, the following factors:

   1. The seriousness and circumstances of the violation;

   2. The extent of harm caused by the violation;

   3. The evidence supporting or refuting the violation charged, whether admissible or inadmissible at a hearing;

   4. The history, character and condition of the respondent;

   5. The effect of imposing upon the respondent the penalty set by the commission;

   6. The impact of a penalty reduction on the safety or welfare of the community;

   7. The impact of a penalty reduction on public confidence in the commission, the office of administrative trials and hearings and the implementation of laws by the city;

   8. The position of the petitioner regarding the proposed fine reduction with reference to the specific circumstances of the respondent and the violation charged; and

   9. Any other relevant fact indicating whether a decision to impose the penalty set by the commission on the respondent would serve a useful purpose.

  1. Upon determining that a penalty for a violation set by the commission should be reduced, the administrative law judge or hearing officer shall set forth the amount and the reasons for such reduction in the record. Such reasons and determination shall be transmitted to the chairperson of the commission.
  2. Within 20 business days of receipt of such reasons and determination, pursuant to subdivision b, the commission, or the chairperson of the commission acting pursuant to rules of the commission, may, in the commission or chairperson’s discretion, remove such reduction if the commission or chairperson determines such a reduction would not be in the interests of justice, pursuant to the factors in subdivision a, or lower such reduction.

§ 19-1004 Administrative law judge and hearing officer dismissal of a duplicate notice of violation.

  1. An administrative law judge or hearing officer shall dismiss a notice of violation in relation to a hearing before the tribunal on a violation of a law or regulation enforced by the commission upon determining that such notice of violation is substantively identical to a violation received for the same act under commission rules or provisions of law other than commission rules, provided that such substantively identical violation has not already been dismissed by the relevant adjudicatory body.
  2. In order for such administrative law judge or hearing officer to determine whether to dismiss such notice of violation, the respondent shall provide proof to such administrative law judge or hearing officer at such hearing in the form of summonses pertaining to the duplicate or substantively identical violations.

§ 19-1005 Commission-related hearing deadline.

A respondent, or their representative, shall be considered to have made a timely appearance for a hearing provided they appear, whether in person or pursuant to subdivision (d) of section 19-1002, within 90 minutes of the scheduled time set forth in the summons. If a hearing does not begin within three hours of the timely appearance of both the respondent and the petitioner then the tribunal shall dismiss the notice of violation without prejudice.