The following terms and words, when used in this article, shall
have the meaning and effect as follows:
OPERATOR
Any person, corporation, firm, agency, association or organization
that uses or operates a vehicle with or without the permission of
the owner and an owner who operates his own vehicle.
OWNER
Any person, corporation, firm, agency, association or organization
having the property or title to a vehicle used or operated within
the City of Buffalo or any registrant of a vehicle used or operated
within the City of Buffalo or any person, corporation, firm, agency,
association or organization engaged in the business of renting or
leasing vehicles to be used or operated within the City of Buffalo
and hereinafter referred to as the "renter" or "lessor."
RESPONDENT
Any person, corporation, firm, agency, association or organization
charged with a parking violation.
VIOLATION
The violation of any law, rule, regulation or ordinance providing
for or regulating the parking, stopping or standing of a vehicle within
the City of Buffalo.
[Amended 6-8-2010, effective 6-22-2010]
A. For the purposes of this article, the term "Commissioner of Traffic" shall refer to the Commissioner of Parking or his duly authorized deputy who is charged with the specific responsibilities or duties referred to in this article, in accordance with Article
17-A of the Charter of the City of Buffalo.
B. For the purposes of this article, the term "Department of Traffic" shall refer to the Department of Parking or the Division within said Department which is charged with the specific responsibilities or duties referred to in this article, in accordance with Article
17-A of the Charter of the City of Buffalo.
There is hereby created an administrative tribunal to be known
as a "Parking Violations Bureau" to have jurisdiction of traffic infractions
which constitute a parking violation as herein defined. Such Parking
Violations Bureau shall hear and determine complaints of traffic infractions
constituting parking, standing or stopping violations with the functions,
powers and duties herein stated.
[Amended 6-8-2010, effective 6-22-2010]
A. The head of such Parking Violations Bureau shall be the Director
of Parking Enforcement, who shall be appointed and serve at the pleasure
of the City of Buffalo's Commissioner of Parking, who has and possesses
the authority of a Commissioner of Traffic pursuant to § 236
of the Vehicle and Traffic Law of the State of New York. The Director
may exercise or delegate any of the functions, powers and duties conferred
upon him or the Bureau by the Commissioner to any officer or employee
of the Bureau deemed qualified by the Director.
B. The Commissioner of Parking may appoint such number of Deputy Directors
as he may deem necessary, but in no event to exceed four, who shall
serve at the pleasure of the Commissioner of Parking; and said Commissioner
may employ such officers and employees as may be required to perform
the work of the Bureau, within the amounts available therefor by appropriation
of the Common Council.
[Amended 6-8-2010, effective 6-22-2010]
A. The Commissioner of Parking shall appoint Supervising Senior Examiners
not to exceed six in number and Senior Hearing Examiners not to exceed
six in number. Every Supervising Hearing Examiner shall have been
admitted to the practice of law in the State of New York for at least
seven years and every Senior Hearing Examiner for at least six years.
The duties of each Supervising Hearing Examiner and 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.
(3) Membership on the Appeals Board of the Bureau, as here provided.
B. The Commissioner of Parking shall appoint Hearing Examiners who shall
preside at hearings for the adjudication of charges of parking violations.
Hearing Examiners shall be appointed and shall serve for such number
of sessions as may be determined by the Commissioner and shall receive
therefor such remuneration as may be fixed by the Common Council.
Such Hearing Examiners shall not be considered employees of the City
of Buffalo; and every Hearing Examiner shall have been admitted to
the practice of law in New York State for at least five years and
shall be appointed from a list of eligible candidates who have satisfied
the standards established by a duly constituted committee of the Erie
County Bar Association. All such hearing Examiners shall have a minimum
of two years' experience in the trial of issues in courts of record
in the State of New York, exclusive of special term, or four years
of quasi-judicial experience appearing before governmental agencies.
Such Hearing Examiners shall be bona fide residents of the City of
Buffalo for a minimum of two years.
The Parking Violations Bureau shall have the following functions,
powers and duties:
A. To accept pleas to and to hear and determine charges of parking violations.
B. To provide for penalties other than imprisonment for parking violations
in accordance with a schedule of monetary fines and penalties; provided,
however, that monetary penalties shall not exceed the maximum amount
allowed by the New York State Vehicle and Traffic Law for each parking
violation; and provided, further, that such penalties and fines shall
become effective 45 days after the first Council meeting at which
they appear on the agenda as an item of business, during which period
the Council may either disapprove them or modify them, in which latter
case they shall become effective in their modified form.
[Amended 5-21-1993, effective 5-28-1993]
C. To adopt rules and regulations, not inconsistent with any applicable
provision of law, to carry out the purposes of Article 2-B of the
Vehicle and Traffic Law of the State of New York, 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.
D. 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.
E. To enter judgments and enforce them, without court proceedings, in
the same manner as the enforcement of money judgments in civil actions
in any court of competent jurisdiction or any other place provided
for the entry of civil judgment within the State of New York.
F. To compile and maintain complete and accurate records relating to
all charges and dispositions and to prepare complete and accurate
transcripts of all hearings conducted by the Bureau and to furnish
such transcripts to the person charged at said person's own expense
upon timely request and upon said person complying with the regulations
of the Bureau.
G. To remit to the City Treasurer, on or before the 15th 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 duplicate copies of such statement with the
City Comptroller.
H. To answer within a reasonable period of time all relevant and reasonable
inquiries made by a person charged with a parking violation or his
attorney concerning the notice of violation (summons) served on that
person. The Bureau must also furnish within a reasonable period of
time to the person charged, on his request and upon complying with
the regulations of the Bureau, a copy of the original notice of violation
(summons), including all information contained thereon. Failure of
the Bureau to comply with the provisions of this subsection or any
part of the provisions of this subsection within 75 days of such inquiry,
forwarded to the Bureau by certified or registered mail, return receipt
requested, will result, upon the request of the person charged, in
an automatic dismissal of all charges relating to and only to that
notice of violation (summons) to which the inquiry was made.
I. To prepare and issue a notice of violation in blank to members of
the Police Department, the Fire Department, the Administration and
Finance Department, the Department of Parking and to other officers
as the Bureau by regulation shall determine. The notice of violation
(summons) or duplicate thereof, when filled in and sworn to or affirmed
by such designated officers and served as provided in this article,
shall constitute notice of the parking violation charged.
[Amended 6-8-2010, effective 6-22-2010]
J. To direct, upon the agreement of the Director of Parking Enforcement
and the Director of Administrative Adjudication, that summons involving
violations related to street sanitation, maintenance and utilization
of streets and sidewalks and dog control within the Parking Violations
Bureau or Administrative Adjudication jurisdictions be heard by the
Bureau of Administrative Adjudication or the Parking Violations Bureau
as such agreements shall dictate.
[Added 6-11-1996, effective 6-24-1996; amended 6-8-2010, effective
6-22-2010]
[Amended 5-29-1990, effective 6-7-1990; 6-19-1990, effective 7-2-1990; 2-4-1992, effective 4-1-1992; 5-25-1993, effective 6-7-1993; 11-28-1995, effective 12-8-1995; 7-21-1998, effective 8-6-1998; 4-15-2003, effective 4-25-2003; 12-26-2007, effective 1-7-2008; 7-26-2016]
A. The schedule of fines and penalties shall be as follows:
|
Violation
|
Fine
|
---|
|
Failure to deposit required coins in a parking meter, overtime
parking in a metered space or other meter violation
|
$40.00
|
|
Parking prohibited beyond time limit allowed other than parking
meter
|
$40.00
|
|
Parking prohibited on alternate days
|
$40.00
|
|
Parking prohibited on bus routes during certain hours
|
$40.00
|
|
Parking prohibited upon publicly or privately owned premises
without permission
|
$60.00
|
|
Parking in unpaved area in front/side yard
|
$60.00
|
|
Parking prohibited in a load zone
|
$40.00
|
|
Stopped, standing or parked facing wrong direction
|
$40.00
|
|
Stopped, standing or parked more than 12 inches from curb
|
$40.00
|
|
Stopped, standing or parked upon any bridge, elevated structure,
subway or approaches
|
$40.00
|
|
Standing or parked within 20 feet of a crosswalk at an intersection
or other marked crosswalk
|
$40.00
|
|
Parking prohibitions:
|
|
|
|
Parking prohibited at any time
|
$40.00
|
|
|
Parking prohibited during certain hours
|
$40.00
|
|
|
Parking prohibited from here to corner
|
$40.00
|
|
|
Parking prohibited in a taxi stand
|
$40.00
|
|
Standing prohibitions:
|
|
|
|
Standing prohibited at any time
|
$40.00
|
|
|
Standing prohibited during certain hours
|
$40.00
|
|
|
Standing prohibited from here to corner
|
$40.00
|
|
Stopping prohibitions:
|
|
|
|
Stopping prohibited at any time
|
$40.00
|
|
|
Stopping prohibited during certain hours
|
$40.00
|
|
|
Stopping prohibited from here to corner
|
$40.00
|
|
|
Stopped, standing or parked on a sidewalk
|
$40.00
|
|
Standing or parked in front of a public or private driveway
|
$40.00
|
|
Expired certificate of inspection or registration
|
$40.00
|
|
Stopped, standing or parked within 15 feet of a fire hydrant
|
$60.00
|
|
Double parking
|
$40.00
|
|
Stopping, standing or parking prohibited, police emergency
|
$40.00
|
|
Other violation
|
$40.00
|
|
Handicapped parking violations, per § 1203-c of the
Vehicle and Traffic Law
|
$80.00
|
B. Additional penalties. Penalties shall be added to the fine for late
payment as follows:
|
Original fine
|
$40.00
|
$40.00
|
$60.00
|
$80.00
|
|
After 8 days
|
$65.00
|
$65.00
|
$95.00
|
$135.00
|
|
After first billing
|
$75.00
|
$75.00
|
$105.00
|
$145.00
|
|
After 75 days
|
$85.00
|
$85.00
|
$125.00
|
$165.00
|
§ 307-15.1. [Added 2-5-1991, effective 2-20-1991]
A. Any unattended vehicle found parked upon a street or on any City-owned
property or property under the jurisdiction or control of the City
against which there are three or more outstanding or otherwise unsettled
parking violation summonses within an eighteen-month period for which
judgments have been issued may, by or under the direction of a police
officer, peace officer, parking meter mechanic or parking enforcement
officer, either by towing or otherwise, be removed or conveyed to
and impounded in any place designated by the Commissioner of Police
or the Director of Parking Enforcement or immobilized in such a manner
as to prevent its operation, except that no such vehicle shall be
immobilized by any means other than by use of a device or other mechanism
which will cause no damage to such vehicle unless it is moved while
such device or mechanism is in place.
B. It shall be the duty of the police officer, peace officer, parking
meter mechanic or parking enforcement officer removing or immobilizing
such motor vehicle or under whose direction such motor vehicle is
removed or immobilized to inform as soon as practicable the Director
of Parking Enforcement, who shall in turn inform by telephone (if
possible) and by first class mail the owner of the impounded or immobilized
vehicle of the nature and circumstances of the prior unsettled parking
violations summonses, for which or on account of which such vehicle
was impounded or immobilized. In any case involving immobilization
of a vehicle pursuant to this subsection, such police officer, peace
officer, parking meter mechanic or parking enforcement officer shall
cause to be placed on such vehicle, in a conspicuous manner, a notice
sufficient to warn any individual to the effect that such vehicle
has been immobilized and that any attempt to move such vehicle might
result in damage to such vehicle.
C. The owner or person entitled to possession of such vehicle may secure the release of the vehicle by complying with the rules and regulations of the Parking Enforcement Division concerning all outstanding summonses and judgments against said vehicle and by payment of the sum as outlined in Chapter
175, Fees, for the removal of the immobilization device or mechanism.