S T A T E O F N E W Y O R K
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8533
2011-2012 Regular Sessions
I N A S S E M B L Y
July 13, 2011
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Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to establishing in the city of New York a demonstration
program to enforce street cleaning parking rules by means of street
cleaning vehicle photo devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph f of subdivision 1 of section 239 of the vehicle
and traffic law, as amended by section 4 of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred eleven-a of this
chapter or sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine, and shall not be deemed to include a notice
of liability issued pursuant to section two thousand nine hundred eight-
y-five of the public authorities law and sections sixteen-a, sixteen-b
and sixteen-c of chapter seven hundred seventy-four of the laws of nine-
teen hundred fifty and shall not be deemed to include a notice of
liability issued pursuant to section eleven hundred eleven-c of this
chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED
PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER.
S 1-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-a of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article but
shall not be deemed to include a notice of liability issued pursuant to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11906-01-1
A. 8533 2
authorization set forth in sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine and shall not be deemed to
include a notice of liability issued pursuant to section eleven hundred
eleven-c of this chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF
LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-D OF THIS
CHAPTER.
S 1-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-b of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
section eleven hundred eleven-c of this chapter AND SHALL NOT BE DEEMED
TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER.
S 1-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as added by chapter 180 of the laws of 1980, is amended to
read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article AND
SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER.
S 2. Subdivision 4 of section 239 of the vehicle and traffic law, as
amended by chapter 379 of the laws of 1992, is amended to read as
follows:
4. Applicability. The provisions of paragraph b of subdivision two and
subdivision three of this section shall not be applicable to determi-
nations of owner liability for the failure of an operator to comply with
subdivision (d) of section eleven hundred eleven of this chapter and
shall not be applicable to determinations of owner liability imposed
pursuant to section two thousand nine hundred eighty-five of the public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL NOT BE APPLICABLE TO DETERMINATIONS OF OWNER LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER FOR VIOLATIONS
OF STREET CLEANING PARKING RULES AS DEFINED IN SUCH SECTION.
S 2-a. Section 239 of the vehicle and traffic law is amended by adding
a new subdivision 4 to read as follows:
4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND
SUBDIVISION THREE OF THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI-
NATIONS OF OWNER LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-D OF THIS CHAPTER FOR VIOLATIONS OF STREET CLEANING PARKING RULES
AS DEFINED IN SUCH SECTION.
S 3. The vehicle and traffic law is amended by adding a new section
1111-d to read as follows:
S 1111-D. OWNER LIABILITY FOR FAILURE TO COMPLY WITH STREET CLEANING
PARKING RULES. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
CITY OF NEW YORK IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE TO COMPLY WITH STREET CLEANING PARKING RULES IN SUCH CITY IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION. THE NEW YORK CITY DEPARTMENT
OF SANITATION, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL
OPERATE STREET CLEANING VEHICLE PHOTO DEVICES ON STREET CLEANING VEHI-
CLES ALONG ONE SELECT STREET CLEANING ROUTE IN NO MORE THAN TWENTY-FIVE
SANITATION SERVICE DISTRICTS IN SUCH CITY. SUCH STREET CLEANING VEHICLE
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PHOTO DEVICES SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPART-
MENT.
2. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES:
(I) TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY
SUCH STREET CLEANING VEHICLE PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT
IDENTIFY ANY PERSON OR PERSONS WHO MAY BE OCCUPYING THE VEHICLE, OR THE
CONTENTS OF THE VEHICLE. HOWEVER, A NOTICE OF LIABILITY ISSUED PURSUANT
TO THIS SECTION SHALL NOT BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR
PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF A PERSON OR PERSONS WHO MAY
BE OCCUPYING THE VEHICLE OR THE CONTENTS OF A VEHICLE;
(II) TO UPGRADE SIGNAGE AT REGULAR INTERVALS WITHIN SELECT STREET
CLEANING ROUTES STATING THAT STREET CLEANING VEHICLE PHOTO DEVICES ARE
USED TO ENFORCE STREET CLEANING PARKING RULES ALONG SUCH ROUTES; AND
(III) TO PROHIBIT THE USE OR DISSEMINATION OF VEHICLES' LICENSE PLATE
INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY STREET CLEANING
VEHICLE PHOTO DEVICES EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY
UNDER THIS SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY
COURT ORDER; OR (C) AS OTHERWISE REQUIRED BY LAW.
(B) IF THE CITY OF NEW YORK HAS ESTABLISHED A PROGRAM PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE
FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS
PARKED IN VIOLATION OF ANY STREET CLEANING PARKING RULE OF SUCH CITY AND
SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A STREET CLEAN-
ING VEHICLE PHOTO DEVICE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
2. "SANITATION SERVICE DISTRICT" SHALL MEAN A GEOGRAPHIC AREA THAT
LIES WITHIN THE BOUNDARIES OF A SINGLE BOROUGH OF THE CITY OF NEW YORK
AND THAT IS COTERMINOUS WITH A COMMUNITY DISTRICT PURSUANT TO CHAPTER
SIXTY-NINE OF THE NEW YORK CITY CHARTER.
3. "SELECT STREET CLEANING ROUTES" SHALL MEAN STREET CLEANING ROUTES
DESIGNATED BY THE NEW YORK CITY DEPARTMENT OF SANITATION THAT INCLUDE
UPGRADED SIGNAGE STATING THAT STREET CLEANING VEHICLE PHOTO DEVICES ARE
USED TO ENFORCE STREET CLEANING PARKING RULES.
4. "STREET CLEANING PARKING RULES" SHALL MEAN THE PROHIBITED PARKING
OF ANY VEHICLE ON ONE SIDE OF THE STREET TO ALLOW FOR CLEANING BY THE
NEW YORK CITY DEPARTMENT OF SANITATION DURING DESIGNATED TIME PERIODS AS
POSTED BY SIGN.
5. "STREET CLEANING VEHICLE" SHALL MEAN ANY VEHICLE OPERATED BY THE
NEW YORK CITY DEPARTMENT OF SANITATION THAT IS DESIGNED TO WASH DIRT AND
GRIME, AND REMOVE LITTER AND DEBRIS, FROM THE STREET SURFACE.
6. "STREET CLEANING VEHICLE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS
MOUNTED ON A STREET CLEANING VEHICLE, IS CAPABLE OF OPERATING INDEPEND-
ENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES OF EACH
VEHICLE AT THE TIME IT IS IN VIOLATION OF STREET CLEANING PARKING RULES.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THERE-
OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, DIGITAL TAPE
OR OTHER RECORDED IMAGES PRODUCED BY A STREET CLEANING VEHICLE PHOTO
DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, DIGITAL TAPE OR OTHER RECORDED IMAGES
EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY
PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO
THIS SECTION.
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(E) AN OWNER LIABLE FOR A VIOLATION OF A STREET CLEANING PARKING RULE
IMPOSED ON ANY ROUTE SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORD-
ANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK; PROVIDED, HOWEVER, THAT THE
MONETARY PENALTY FOR VIOLATING A STREET CLEANING PARKING RULE SHALL NOT
EXCEED SIXTY-FIVE DOLLARS; PROVIDED, FURTHER, THAT AN OWNER SHALL BE
LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR
EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
IN THE PRESCRIBED TIME PERIOD.
(F) 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 A STREET
CLEANING PARKING RULE. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE
REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDI-
NARY 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 VIOLATION OF A STREET CLEAN-
ING PARKING RULE, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN
SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING
THE STREET OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE
VIOLATION, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION
NUMBER OF THE STREET CLEANING VEHICLE PHOTO DEVICE THAT 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 PERSON CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY
AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF
VIOLATION.
5. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(G) IF AN OWNER OF A VEHICLE 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 VIOLATION OF A STREET
CLEANING PARKING RULE OF SUCH CITY, 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 TO THE PARKING VIOLATIONS BUREAU.
(H) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (F) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF THE STREET CLEANING PARKING RULE,
PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF SUCH LIABILITY, TOGETHER WITH THE OTHER INFORMA-
TION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS
TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
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IDENTIFIED 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 SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE 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 PURSU-
ANT TO THIS SECTION, AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION (F) OF THIS SECTION.
S 4. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (m) to read as follows:
(M) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, DIGITAL TAPE OR OTHER RECORDED
IMAGES PRODUCED BY A STREET CLEANING VEHICLE PHOTO DEVICE PREPARED UNDER
AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC
LAW.
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that:
(a) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section one of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section one-a of this
act shall take effect, provided, further, that the amendments to para-
graph f of subdivision 1 of section 239 of the vehicle and traffic law
made by section one-a of this act shall not affect the expiration of
such paragraph and shall be deemed to expire therewith, when upon such
date the provisions of section one-b of this act shall take effect,
provided, further, that the amendments to paragraph f of subdivision 1
of section 239 of the vehicle and traffic law made by section one-b of
this act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith, when upon such date the provisions of
section one-c of this act shall take effect; and
(b) the amendments to subdivision 4 of section 239 of the vehicle and
traffic law made by section two of this act shall not affect the repeal
of such subdivision and shall be deemed to be repealed therewith, when
upon such date the provisions of section two-a of this act shall take
effect.