S T A T E   O F   N E W   Y O R K
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                                  5854

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

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  separately  amended  by section 4 of chapter 99,
section 4 of chapter 101, and section 4 of chapter 123 of  the  laws  of
2014, 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, or section eleven hundred eleven-d of this
chapter, and shall not be deemed to include a notice of liability issued
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 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 eighty-b OR ELEVEN HUNDRED ELEVEN-E of this chapter.
  S 2. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
traffic law, as separately amended by section 4-a of chapter 99, section
4-a  of chapter 101, and section 4-a of chapter 123 of the laws of 2014,
is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05716-01-5
              

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  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 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 or section eleven hundred
eleven-d of this chapter 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 eighty-b OR ELEVEN HUNDRED ELEVEN-E
of this chapter.
  S 3. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
traffic law, as separately amended by section 4-b of chapter 99, section
4-b  of chapter 101, and section 4-b of chapter 123 of the laws of 2014,
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
authorization set forth in section eleven hundred eleven-d of this chap-
ter 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 eighty-b OR ELEVEN HUNDRED ELEVEN-E of this chap-
ter.
  S  4.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by section 4-c of chapter 99, section
4-c of chapter 101, and section 4-c of chapter 123 of the laws of  2014,
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
authorization set forth in section eleven hundred eleven-d of this chap-
ter  and  shall  not  be  deemed to include a notice of liability issued
pursuant to section eleven hundred eighty-b OR ELEVEN  HUNDRED  ELEVEN-E
of this chapter.
  S  5.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by section 4-d of chapter 99, section
4-d of chapter 101, and section 4-d of chapter 123 of the laws of  2014,
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
authorization  set  forth  in  section eleven hundred eleven-d OR ELEVEN
HUNDRED ELEVEN-E of this chapter.
  S 6. 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-E OF THIS CHAPTER.
  S 7. Subdivision 4 of section 239 of the vehicle and traffic  law,  as
amended  by  section 5 of chapter 189 of the laws of 2013, 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-

A. 5854                             3

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 chapter seven hundred seventy-four of the laws of nineteen
hundred fifty [and shall not be applicable to  determinations  of  owner
liability  for  the  failure of an operator to comply with], subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter, OR SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER.
  S 8. Subdivision 4 of section 239 of the vehicle and traffic  law,  as
amended by section 5-a of chapter 189 of the laws of 2013, 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 (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
of this chapter, OR SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER.
  S 9. 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 OR OWNER LIABILITY FOR THE FAILURE OF AN OPERATOR TO COMPLY WITH
SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER.
  S 10. The vehicle and traffic law is amended by adding a  new  section
1111-e to read as follows:
  S  1111-E.  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
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

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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.
  (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

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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
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  11.  Subdivision  2  of  section  87  of the public officers law is
amended by adding a new paragraph (o) to read as follows:
  (O) 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-E OF THE VEHICLE AND TRAFFIC
LAW.

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  S 12. 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 two 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  two  of  this act shall not affect the expiration of such para-
graph and shall be deemed to expire therewith, when upon such  date  the
provisions  of  section  three  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 three 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 four  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 four 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  five  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 five 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 six 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  seven  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 eight of  this  act  shall
take  effect, provided, further, that the amendments to subdivision 4 of
section 239 of the vehicle and traffic law made by section eight 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
nine of this act shall take effect.