[Derived from Art. I of Ch. LXI of the Charter and Ordinances, 1974]
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]
A. 
The notice of violation (summons) shall contain information advising the person charged of the manner and the time in which he may plead either guilty or not guilty to the violation alleged in the notice. Such notice of violation (summons) shall also contain a warning to advise the person charged that failure to plead in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon. The form and wording of the notice of violation (summons) shall be prescribed by the Director. A duplicate of each notice of violation (summons) shall be served on the person charged in the manner hereinafter provided. The original or a facsimile thereof shall be filed and retained by the Bureau and shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein.
B. 
A notice of violation (summons) shall be served personally upon the operator of a motor vehicle who is present at the time of service, and his name and address, together with the plate designation and the plate type as shown by the registration plates of said vehicle and the expiration date, the make or model and the body type of said vehicle, shall be inserted therein. The notice of violation (summons) shall be served upon the owner of the motor vehicle or, if the operator is not present, by affixing such notice to said vehicle in a conspicuous place. Whenever so affixed, in lieu of inserting the name of the person charged with the violation in the space provided for the identification of said person, the words "owner of the vehicle bearing license" may be inserted, to be followed by the plate designation and plate type as shown by the registration plates of said vehicle, together with the expiration date, the make or model and the body type of said vehicle. Service of the notice of violation (summons) or a duplicate thereof by affixation as herein provided shall have the same force and effect and shall be subject to the same penalties for disregard thereof as though the same was personally served with the name of the person charged with the violation inserted therein.
C. 
For the purposes of this article, an operator of a vehicle who is not the owner thereof but who uses or operates such vehicle with the permission of the owner, express or implied, shall be deemed to be the agent of such owner to receive notice of violation (summons), whether personally served on such operator or served by affixation in the manner aforesaid, and service made in either manner as herein provided shall also be deemed to be lawful service upon such owner.
A. 
Pursuant to the authority conferred upon the City of Buffalo by the provisions of § 1640(a)14 of the Vehicle and Traffic Law of the State of New York, whenever a motor vehicle is parked or abandoned on the public streets of the City of Buffalo during snowstorms, floods, fires or other public emergencies or is found unattended where it constitutes an obstruction to traffic or where any such motor vehicle has been parked or abandoned in any place where stopping, standing or parking is prohibited, any police officer or parking enforcement officer of the City of Buffalo is hereby authorized to cause such vehicle to be removed and conveyed by or under the direction of a member of the Department of Parking by means of towing the same, or otherwise, to a vehicle pound or location designated by the Parking. Such towing shall be at the risk of the owner of such vehicle, and the City of Buffalo shall assume no responsibility for the same.
[Amended 6-8-2010, effective 6-22-2010]
B. 
An abandoned vehicle shall be defined and, if unclaimed, disposed of in accordance with § 1224 of the Vehicle and Traffic Law of the State of New York.
C. 
Towing and storage charges.
(1) 
The owner or person entitled to possession of such vehicle shall pay a towing charge and storage charge for each day or fraction thereof after the first 24 hours that such vehicle is in the custody of the City of Buffalo as provided in Chapter 175, Fees.
(2) 
These charges shall be in addition to the fines and penalties, if any, hereinafter provided within this article for vehicles that are left standing, stopped or parked illegally.
(3) 
Such towing charges shall be paid to the Parking Violations Bureau at a place designated by such Bureau, during the hours such Bureau is open.
D. 
Before the owner or person in charge of such vehicle shall be permitted to remove the same from the custody of the City of Buffalo, he shall furnish evidence of his identity and ownership or right to possession of such vehicle and shall sign a receipt and release in such form as the Parking Violations Bureau shall prescribe; provided, further, that such owner or person entitled to possession of such vehicle may not obtain the release of such vehicle before paying the towing, storage, outstanding parking summonses and related penalties and other fees hereinabove mentioned.
A. 
The operator of a vehicle shall be primarily liable for the penalties imposed pursuant to this article. The owner of the vehicle, even if not the operator thereof, shall also be liable therefor, if such vehicle was used or operated with his permission, express or implied, but in such case, the owner may recover any penalties paid by him from the operator.
B. 
Notwithstanding any inconsistent provision of this article or of any other provision of law, any person, corporation, firm, agency, association or organization that is the renter or lessor of a vehicle shall not be liable for penalties in excess of the schedule of fines imposed pursuant to this article if upon an appropriate fixing of liability upon said renter or lessor there be due and timely payment made of all scheduled fines.
C. 
A renter or lessor of a vehicle shall not be liable for penalties imposed pursuant to this article if, at the time the notice of violation (summons) or a duplicate of such notice is served, the registration plate number of the vehicle for which said notice of violation (summons) or duplicate was served and the address of the renter or lessor has been filed by the renter or lessor with the Bureau and notice of the service of a notice of violation (summons) or a duplicate of such notice for a parking violation has not been given to the renter or lessor or by the Bureau within 90 days after such service. Such notice shall be given by ordinary mail to the address on file with the Bureau.
A. 
A plea shall be entered within eight days after service of the notice of violation (summons). A plea may be entered in person or by representative or by ordinary mail at such location of the Bureau as from time to time shall be fixed by the Commissioner of Parking. Any plea entered by mail, if mailed in proper form within eight days after service of the notice of violation (summons), shall be accepted by the Bureau.
[Amended 10-18-1994, effective 10-28-1994; 6-8-2010, effective 6-22-2010]
B. 
Pleas by mail shall be made by:
(1) 
Entering the desired plea on the plea form on the back of the notice of violation (summons);
(2) 
Entering the name and address in the space provided on the plea form;
(3) 
Signing the plea form; and
(4) 
Mailing the notice of violation (summons) with the plea form completed, by appropriate form of mail, to the mailing address stated on the notice of violation (summons).
C. 
A plea of guilty shall be accompanied by a check or money order for the payment in full of the scheduled fine as listed under § 307-11 following.
D. 
A respondent pleading not guilty or guilty with an explanation may request a hearing. This shall be done at the time of pleading by completing the reverse side of the notice of violation (summons) in accordance with the instruction thereon.
E. 
If a plea of not guilty or guilty with an explanation is made in person, an immediate hearing may be had by the respondent on his request, if convenient to the Bureau.
F. 
Upon receipt of the notice of violation (summons) with a plea of not guilty or guilty with an explanation, the Bureau shall advise the respondent, in person or by such form of first-class mail as the Director shall prescribe of the date, time and place on which he must appear for a hearing. The Bureau reserves the right to set a date, time and place of hearing different from that selected by the respondent.
G. 
Where an operator or owner fails to enter a plea to a charge of a violation or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a Hearing Examiner, as prescribed by this chapter or by rule or regulation of the Bureau, such failure to plead, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the Bureau. However, after the expiration of the original date prescribed for entering a plea and before a default may be rendered, in such case the Bureau shall, pursuant to the applicable provisions of law, notify such operator or owner, by such form of first-class mail as the Bureau may direct:
(1) 
Of the violation charged;
(2) 
Of the impending default judgment;
(3) 
That much judgment will be entered in the City Court of the City of Buffalo or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the State of New York; and
(4) 
That a default judgment may be avoided by entering a plea or making an appearance within 20 days of the sending of such notice.
[Amended 10-18-1994, effective 10-28-1994]
H. 
Pleas entered within that period shall be in the manner prescribed in the notice and subject to such additional penalty or fee as the Bureau may by rule or regulation determine. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are nonresidents of the State of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent more than two years after the expiration of the time prescribed for entering a plea.
[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; 4-15-2025, effective 7-1-2025]
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
$50.00
Parking prohibited beyond time limit allowed other than parking meter
$50.00
Parking prohibited on alternate days
$50.00
Parking prohibited on bus routes during certain hours
$50.00
Parking prohibited upon publicly or privately owned premises without permission
$75.00
Parking in unpaved area in front/side yard
$75.00
Parking prohibited in a load zone
$50.00
Stopped, standing or parked facing wrong direction
$50.00
Stopped, standing or parked more than 12 inches from curb
$50.00
Stopped, standing or parked upon any bridge, elevated structure, subway or approaches
$50.00
Standing or parked within 20 feet of a crosswalk at an intersection or other marked crosswalk
$50.00
Parking prohibitions:
Parking prohibited at any time
$50.00
Parking prohibited during certain hours
$50.00
Parking prohibited from here to corner
$50.00
Parking prohibited in a taxi stand
$50.00
Standing prohibitions:
Standing prohibited at any time
$50.00
Standing prohibited during certain hours
$50.00
Standing prohibited from here to corner
$50.00
Stopping prohibitions:
Stopping prohibited at any time
$50.00
Stopping prohibited during certain hours
$50.00
Stopping prohibited from here to corner
$50.00
Stopped, standing or parked on a sidewalk
$50.00
Standing or parked in front of a public or private driveway
$50.00
Expired certificate of inspection or registration
$50.00
Stopped, standing or parked within 15 feet of a fire hydrant
$75.00
Double parking
$50.00
Stopping, standing or parking prohibited, police emergency
$50.00
Other violation
$50.00
Handicapped parking violations, per § 1203-c of the Vehicle and Traffic Law
$125.00
B. 
Additional penalties. Penalties shall be added to the fine for late payment as follows:
Original fine
$50.00
$75.00
$125.00
After 30 days
$95.00
$130.00
$200.00
A. 
All hearings will be held and payments are to be made in the City of Buffalo, New York, at such place as the Director shall designate from time to time, except that within nine months from the date the Parking Violations Bureau is operative, the Director is to designate not more than four decentralized locations where hearing will be held at least once per month.
B. 
All hearings shall be held daily from 9:00 a.m. to 4:00 p.m., except on Saturdays, Sundays and legal holidays, or at such other time designated by the Director.
C. 
Every hearing for the adjudication of a charge of a violation shall be held before a Hearing Examiner, Senior Hearing Examiner or Supervising Hearing Examiner. All hearings shall be public. A respondent may be represented by legal counsel. The Hearing Examiner shall not be bound by the rules of evidence in the conduct of the hearing except rules relating to privileged communications. No charges may be established except upon proof by substantial evidence. All testimony shall be given under oath or affirmation.
D. 
A record shall be made of every hearing either by stenographic recordings or by mechanical or electronic methods as the Director shall determine. A transcript of such record shall be supplied to a respondent on application and the payment of a fee as provided in Chapter 175, Fees, and the cost of such transcript. The Hearing Examiner may, in his discretion or at the request of the respondent, on a showing of good cause and need thereof, issue a subpoena to compel the appearance at a hearing of the officer who served the notice of violation (summons) or of other persons to give testimony, and he may issue a subpoena duces tecum to compel the production for examination or introduction into evidence, of any book, paper or other thing relevant to the charges alleged.
E. 
In the case of a refusal to obey a subpoena, the Bureau may make application to the Supreme Court pursuant to § 2308 of the Civil Practice Law and Rules for an order requiring such appearance, testimony or production of evidence.
F. 
The Bureau may, with or without the respondent's request or consent, consolidate for hearing or appeal one or more charges pending against such respondent. An adjournment may be requested by the respondent (up to 24 hours) prior to the hearing, but not more than two adjournments shall be granted except under extraordinary circumstances.
A. 
The Hearing Examiner shall make a determination of the charges, either sustaining or dismissing them. After a determination has been made sustaining the charges, the Hearing Examiner may examine respondent's prior violations record prior to rendering a final determination.
B. 
A final determination of the charges shall be entered on a judgment record maintained by the Bureau, together with the records showing payment or nonpayment of penalties. A copy of such judgment record, or a transcript thereof, may be filed in the office of the Clerk of the City Court of Buffalo and/or in the office of the Clerk of the County of Erie and/or in such other county wherein the respondent resides or is employed.
A. 
There shall be an Appeals Board within the Bureau, which shall consist of three or more persons duly qualified as Hearing Examiners, excluding from the panel the hearing officer whose decision is the subject of the appeal.
B. 
An appeal from a determination of any hearing officer after a hearing on a liability or from a determination denying a motion to reopen any matter shall be submitted to the Appeals Board, which shall have the power to review the facts and the law and shall have power to reverse or modify any determination appealed from for error of fact or law.
C. 
A party aggrieved by a final determination of a Hearing Examiner may obtain a review thereof by serving, either personally, in writing or by certified or registered mail, return receipt requested, upon the Bureau, within 30 days of the entry of such final determination, a notice of appeal setting forth the reasons why the final determination should be reversed or modified. Upon receipt of such notice of appeal, the Bureau shall furnish to the appellant, at his request and at his own expense, a transcript of the original hearing. No appeal shall be conducted less than 10 days after the mailing of the transcript to the appellant or his attorney. The notice of appeal shall be in such form as the Director may prescribe. No appeal may be had where a plea of guilty or guilty with an explanation was entered by the respondent at the hearing.
D. 
Appeals shall be conducted in the presence of the appellant or his attorney, or both, if such right of appearance is expressly requested by the appellant in his notice of appeal and upon his complying with the regulations of the Bureau and paying of fee as outlined in Chapter 175, Fees. If the appellant elects to appear, the Bureau, within 30 days after the receipt of the notice of appeal, shall advise the appellant, either personally or by ordinary first class mail, of the date on which he shall appear. No appeal shall be conducted less than 10 days after the mailing of such notification. The appellant shall be notified in writing of the decision of the Appeals Board.
[Amended 5-21-1993, effective 5-28-1993]
E. 
The service of a notice of appeal shall not stay the enforcement of a judgment upon the determination appealed from unless the appellant shall have posted a bond in the amount of such determination at the time of or before the service of such notice of appeal unless the enforcement of such judgment shall have been stayed by the Appeals Board.
F. 
The order of the Appeals Board shall be the final determination of the Bureau. Judicial review may be sought pursuant to Article 78 of the Civil Practice Law and Rules.
A. 
In the event a respondent shall have failed to comply with the provisions of this chapter in that he has failed to pay final determinations or judgments for parking violations entered against him on three or more notices of violations (summonses) served upon him within a period of 18 months, the Bureau shall certify such fact to the Commissioner of Motor Vehicles of the State of New York; and upon such certification, the Bureau shall notify the respondent by registered or certified mail, return receipt requested, that such certification has been made and identifying the judgments or final determinations covered. The notification shall further inform the respondent that the Commissioner of Motor Vehicles will deny any registration or renewal of registration of the respondent's vehicle until proof is provided that the respondent has complied with the provisions of this chapter in connection with all judgments or final determination so certified.
B. 
Upon payment by or on behalf of the respondent of all judgments or determinations covered by the certification to the Motor Vehicle Commissioner or upon the giving of proof that such judgments have been paid, the Bureau shall issue a certificate attesting to the fact that this chapter has been complied with and such certificate shall be delivered to the Commissioner of Motor Vehicles.
§ 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.
[1]
Editor's Note: Former § 307-15.2, Bicycle parking, added 5-31-2005, effective 6-10-2005, was repealed 12-27-2016, effective 1-3-2017. See now Ch. 496, Unified Development Ordinance.