§ 235. Jurisdiction. 1. Notwithstanding any inconsistent provision of
any general, special or local law or administrative code to the
contrary, in any city which heretofore or hereafter is authorized to
establish an administrative tribunal: (a) to hear and determine
complaints of traffic infractions constituting parking, standing or
stopping violations, or (b) to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven of this
chapter imposed pursuant to a local law or ordinance imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with traffic-control indications through the installation and
operation of traffic-control signal photo violation-monitoring systems,
in accordance with article twenty-four of this chapter, or (c) to
adjudicate the liability of owners for violations of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of this chapter
imposed pursuant to a demonstration program imposing monetary liability
on the owner of a vehicle for failure of an operator thereof to comply
with such posted maximum speed limits through the installation and
operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter, or (d) to adjudicate the liability
of owners for violations of bus lane restrictions as defined by article
twenty-four of this chapter imposed pursuant to a bus rapid transit
program imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with such bus lane restrictions
through the installation and operation of bus lane photo devices, in
accordance with article twenty-four of this chapter, or (e) to
adjudicate the liability of owners for violations of toll collection
regulations imposed by certain public authorities pursuant to the law
authorizing such public authorities to impose monetary liability on the
owner of a vehicle for failure of an operator thereof to comply with
toll collection regulations of such public authorities through the
installation and operation of photo-monitoring systems, in accordance
with the provisions of 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, or (f) to adjudicate the liability of owners for
violations of section eleven hundred seventy-four of this chapter when
meeting a school bus marked and equipped as provided in subdivisions
twenty and twenty-one-c of section three hundred seventy-five of this
chapter imposed pursuant to a local law or ordinance imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with school bus red visual signals through the installation
and operation of school bus photo violation monitoring systems, in
accordance with article twenty-nine of this chapter, or (g) to
adjudicate the liability of owners for violations of section three
hundred eighty-five of this chapter and the rules of the department of
transportation of the city of New York in relation to gross vehicle
weight and/or axle weight violations imposed pursuant to a weigh in
motion demonstration program imposing monetary liability on the owner of
a vehicle for failure of an operator thereof to comply with such gross
vehicle weight and/or axle weight restrictions through the installation
and operation of weigh in motion violation monitoring systems, in
accordance with article ten of this chapter, or (h) to adjudicate the
liability of owners for violations of subdivision (b), (d), (f) or (g)
of section eleven hundred eighty of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such posted
maximum speed limits within a highway construction or maintenance work
area through the installation and operation of photo speed violation
monitoring systems, in accordance with article thirty of this chapter,
or (i) to adjudicate the liability of owners for violations of bus
operation-related traffic regulations as defined by article twenty-four
of this chapter imposed pursuant to a demonstration program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with such bus operation-related traffic regulations
through the installation and operation of bus operation-related photo
devices, in accordance with article twenty-four of this chapter, such
tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.

2. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, any city with a
population in excess of one hundred thousand persons according to the
nineteen hundred eighty United States census hereinafter referred to as
a city shall provide notice of parking violations and of the imposition
of additional penalties whenever the person who is liable therefor fails
to respond to the parking ticket in the manner designated thereon. Such
notice shall be in substantial conformance with the following
provisions:

a. Notice. (1) Whenever a city issues a notice of violation for a
parking violation, it shall be served in the manner prescribed by
subdivision two of section two hundred thirty-eight of this article.

(2) Whenever a person has been issued a notice of violation for a
parking violation and has not responded in the manner described in the
notice, a city shall give the owner a second notice of the violation by
regular first class mail: (i) within forty days of issuance of the first
notice of violation for a parking violation where the vehicle is a
vehicle registered in this state; or (ii) within forty days of the
receipt by such city of the name and address of the owner of the vehicle
where the vehicle is a vehicle registered in any other state. Such
second notice shall include, but not be limited to, the following
information:

(A) that the owner has a period of twenty days from issuance of the
second notice in which to respond to the notice of violation for a
parking violation;

(B) that failure to respond to the notice of violation for a parking
violation may result in the suspension and non-renewal of the owner's
registration;

(C) that failure to respond to the notice of violation for a parking
violation may subject the owner to additional penalties as provided in
paragraph b of this subdivision;

(D) that failure to respond to the notice of violation for a parking
violation shall subject the owner to a default judgment as provided in
paragraph c of this subdivision and the additional penalties imposed
upon parking violations pursuant to paragraph b of this subdivision; and

(E) that submission of a plea of guilty to the parking violation makes
the owner liable for payment of the stated fine and additional penalties
imposed pursuant to paragraph b of this subdivision and the mandatory
surcharge of fifteen dollars imposed upon parking violations pursuant to
section eighteen hundred nine-a of this chapter.

b. Additional penalties. (1) For the purposes of this paragraph, each
locality shall determine an initial response date of not less than eight
days nor more than thirty days, after which time a penalty may be
imposed. The liability for such initial penalty shall commence on the
date following the initial response date.

(2) Failure to respond to a notice of violation for a parking
violation by the initial response date may result in the liability for a
penalty in an amount of the fine indicated on the notice of violation
for a parking violation; where a city has given a second notice pursuant
to paragraph a of this subdivision, the following schedule of additional
penalties may apply:

(A) failure to respond to a notice of violation for a parking
violation by the initial response date may result in the liability for
an additional penalty not to exceed ten dollars or, if the first penalty
assessed by a city does not exceed five dollars, such city may assess an
additional penalty within thirty-one to seventy-five days not to exceed
ten dollars; and

(B) where a city has given a second notice pursuant to paragraph a of
this subdivision failure to respond to a notice of violation for a
parking violation within seventy-five days may result in the liability,
commencing on the seventy-sixth day, for an additional penalty not to
exceed twenty dollars.

(3) Where the additional penalty schedule set forth in subparagraph
two of this paragraph, as interpreted in 9 New York Code of Rules and
Regulations Part 6180, has not been implemented by a city and is not in
effect in such city on or before January first, nineteen hundred
ninety-three, the provisions of this paragraph shall not apply. For the
purposes of this subdivision, the provisions of this paragraph shall not
be considered to have been implemented and in effect unless the penalty
schedule contained herein shall have been applied to parking violations
issued in such city on or before January first, nineteen hundred
ninety-three.

b-1. Alternate additional penalty schedule. In any city in which the
schedule of penalties contained in subparagraph two of paragraph b of
this subdivision, as interpreted in 9 New York Code of Rules and
Regulations Part 6180, has not been implemented and was not in effect on
or before January first, nineteen hundred ninety-three, the provisions
of this paragraph shall only apply upon enactment of a local law
containing the penalty schedule provided in this paragraph prior to
March 28, 1993. Following the enactment of such a local law, such city
may elect to impose the additional penalties set forth in subparagraphs
one and two of this paragraph for failure to respond to a notice of
violation for a parking violation in accordance with this paragraph. In
the event that no such local law was enacted prior to March 28, 1993,
the alternate additional penalty schedule set forth in paragraph b-2 of
this subdivision shall apply.

(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 this subdivision 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 this subdivision 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
penalties prescribed above for failure to respond within thirty days and
for failure to respond within forty-five days and an additional penalty
not to exceed thirty dollars.

(2) Notwithstanding the foregoing schedule of alternative additional
penalties, if an owner makes a plea or appears within twenty days after
issuance of a second notice of violation in accordance with paragraph a
of this subdivision, or prior to such mailing, such additional penalty
shall not exceed ten dollars.

b-2. Alternate additional penalty schedule. In any city in which the
schedule of penalties contained in paragraph b of this subdivision, as
interpreted in 9 New York Code of Rules and Regulations Part 6180, has
not been implemented and was not in effect on or before January first,
nineteen hundred ninety-three and which has not enacted a local law
pursuant to paragraph b-1 of this subdivision prior to March 28, 1993,
the following alternate additional penalty schedule shall apply:

(1) Failure to respond to a notice of violation for a parking
violation within eight days may result in the liability, commencing on
the ninth day, for an additional penalty in an amount not to exceed five
dollars;

(2) Failure to respond to a notice of violation for a parking
violation within thirty days may result in the liability, commencing on
the thirty-first day, for the penalty prescribed above for failure to
respond within eight days and an additional penalty not to exceed ten
dollars or, if the first penalty assessed by the city does not exceed
five dollars, such city may assess an additional penalty within
thirty-one to seventy-five days not to exceed ten dollars;

(3) Where a city has given a second notice pursuant to paragraph a of
this subdivision failure to respond to a notice of violation for a
parking violation within seventy-five days may result in the liability,
commencing on the seventy-sixth day, for the penalties prescribed above
for failure to respond within eight days and for failure to respond
within thirty days and an additional penalty not to exceed twenty
dollars; and

(4) Notwithstanding the foregoing schedule of alternate penalties, if
an owner makes a plea or appears within twenty days after issuance of a
second notice of violation in accordance with paragraph a of this
subdivision, or prior to such mailing, such additional penalty shall not
exceed five dollars.

c. Default judgment. Where a city has given notice pursuant to
paragraph a of this subdivision, failure to respond to a notice of
violation for a parking violation within ninety days shall be deemed an
admission of liability and shall subject the owner to a default judgment
being entered thereon in an amount not greater than the amount of the
original fine and accrued penalties plus any applicable surcharges. Such
default shall be reported to the department which department shall cause
a suspension and non-renewal of the owner's registration pursuant to the
provisions of subdivision four-c of section five hundred ten of this
chapter.

3. Nothing set forth in this article shall be construed to authorize
the imposition of monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with any provision of law, rule
or regulation through the installation and operation of a photo
enforcement device or system, except as otherwise explicitly authorized
by article twenty-four, twenty-nine or thirty of this chapter, by
section two thousand nine hundred eighty-five of the public authorities
law, or by sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, nor be
construed to grant any municipality the authority to establish by local
law, ordinance, order, rule, regulation, resolution or any other means,
an administrative tribunal to hear and determine complaints of traffic
infractions or jurisdiction to adjudicate any liability set forth in
subdivision one of this section.