S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   81

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03513-01-3

A. 81                               2

shall not be deemed to include a notice of liability issued pursuant  to
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

A. 81                               3

SANITATION SERVICE DISTRICTS IN SUCH CITY. SUCH STREET CLEANING  VEHICLE
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

A. 81                               4

PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH  VIOLATION  PURSUANT  TO
THIS SECTION.
  (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-

A. 81                               5

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
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.