[Amended 7-6-1993 by L.L. No. 8-1993; 5-25-2010 by L.L. No. 2-2010; 6-14-2011 by L.L. No. 6-2011; 6-10-2014 by L.L. No. 9-2014]
Terms and words used in this article shall have the following meanings and effect:
BOARD
The Board of Administrative Adjudication of the City of Yonkers.
COMMISSIONER
The Commissioner of the Department of Finance and Management Services of the City of Yonkers.
DIRECTOR
The Director of the Parking Violations Bureau of the City of Yonkers.
[Amended 9-14-2021 by L.L. No. 12-2021]
FISCAL YEAR
A period of one year commencing on the first day of July and terminating on the 30th day of June.
INTERESTED PARTY
The owner or lessor as defined herein or the holder of a lien against the vehicle which lien is a matter of public record in the State of New York Department of Motor Vehicles database or similar such database readily available within or without the State of New York.
[Added 9-14-2021 by L.L. No. 12-2021]
LESSEE
Any person, corporation, firm, partnership, agency, association or organization that rents, bails, leases or contracts for the use of one or more vehicles and has the exclusive use thereof for any period of time.
LESSOR
Any person, corporation, firm, partnership, agency, association or organization engaged in the business of renting or leasing vehicles to any lessee or bailee under a rental agreement, lease or otherwise, wherein the lessee or bailee has the exclusive use of the vehicle for any period of time.
NOTICE OF VIOLATION
A notice of a parking violation, prepared by the Parking Violations Bureau, which shall constitute notice of the parking violation charged when filled in and sworn to or affirmed by designated officers and served as provided in this article.
[Amended 9-14-2021 by L.L. No. 12-2021]
OFFICE
The Parking Violations Bureau of the City of Yonkers.
[Amended 9-14-2021 by L.L. No. 12-2021]
OPERATOR
Any person, corporation, firm, partnership, agency, association, organization or lessee that uses or operates a vehicle, with or without the permission of the owner, and an owner who operates his own vehicle.
OWNER
[Amended 9-14-2021 by L.L. No. 12-2021]
A. 
Any person, corporation, partnership, limited liability company, limited partnership, firm, agency, association, lessor or organization who, at the time of the issuance of a notice of violation:
(1) 
Is, as a matter of public record in the State of New York, the beneficial or equitable owner of such vehicle;
(2) 
Has title to such vehicle as a matter of public record in the State of New York;
(3) 
Is the registrant or coregistrant of such vehicle which is registered with the Department of Motor Vehicles of the State of New York or any other jurisdiction;
(4) 
Uses such vehicle in its vehicle-renting and/or -leasing business; or
(5) 
Is an owner of such vehicle as defined by § 128 or § 2101(g) of the New York Vehicle and Traffic Law.
B. 
There shall be a rebuttable presumption that the owner of a motor vehicle is responsible under this chapter for the obligations of all other motor vehicles in the same name as the owner. That presumption can be rebutted by the owner demonstrating through legal documents otherwise by clear and convincing evidence.
PARKING VIOLATION
The violation of any law, rule, regulation or ordinance providing for or regulating the parking, stopping, standing or other utilization of a vehicle on or along the streets of the City of Yonkers, including but not limited to at parking spaces controlled by meters; on City-owned or -controlled property as authorized by law; or within a parking garage or other project operated by the Yonkers Parking Authority or any other public corporation, body or other entity.
[Amended 9-14-2021 by L.L. No. 12-2021]
PRIMARY FILING
The initial filing of registration plate numbers by an interested party prior to the commencement of each fiscal year.
[Amended 9-14-2021 by L.L. No. 12-2021]
RESPONDENT
Any owner or operator charged with a parking violation.
A. 
Pursuant to Article V of the Charter of the City of Yonkers, there is hereby created an administrative agency to be known as the "Parking Violations Office," to have jurisdiction over traffic infractions which constitute a parking violation as herein defined. The Office shall have exclusive jurisdiction over all parking violations, with all the functions, powers and duties as herein stated.
B. 
Whenever there is reference to the "Parking Violations Bureau" in any section of the Charter, or any other local law, ordinance or resolution of the City of Yonkers, then said section, local law, ordinance or resolution shall be deemed amended so as to substitute the words "Office" for the words "Bureau."
A. 
The head of the Office shall be the Director. The Director may exercise or delegate any of the functions, powers and duties conferred upon the Office or the Director to any qualified officer or employee of the Office.
B. 
The Mayor may appoint such number of deputy directors as he shall deem necessary, who shall serve at the pleasure the Mayor but in no event to exceed four years. The Office may employ such officers and employees as may be required to perform the work of the Office, within the amounts available therefor by appropriation of the City Council.
[Amended 9-14-2021 by L.L. No. 12-2021]
A. 
The Mayor shall appoint Administrative Law Judges ("ALJs") to the Board of Administrative Adjudication as defined in § C6A-6.
B. 
The duties of each ALJ, more fully described in § C6A-7, shall include but not be limited to:
(1) 
Presiding at hearings, proceedings or other lawful reviews involving for the adjudication of charges of parking violations or other violations of the City Code, including but not limited to red light camera violations or any other violation of City laws, rules or regulations.
(2) 
The supervision and administration of the work of the Board.
(3) 
Membership on the Appeals Board shall be as provided in § C6A-13 and hereinafter.
[Amended 9-14-2021 by L.L. No. 12-2021]
The Office and/or the Board, as appropriate, shall have the following functions, powers and duties:
A. 
To accept all pleas or other lawful responses to parking violations, to accept all payments accompanying a plea of guilty to any parking violation or other violation of the City Code, including but not limited to red light camera violation or any other violation of City laws, rules or regulations, to schedule a time for further consideration of all other lawful responses to the foregoing parking violation or other violation of the City Code, including but not limited to red light camera violation or other violation of City laws, rules or regulations; and to hear and determine charges regarding any of the foregoing parking violations or other violation of the City Code, including but not limited to red light camera violation or other violation of rules or regulations.
B. 
To provide for penalties other than imprisonment for parking violations or other violation of the City Code, including but not limited to red light camera violation or other violation of City laws, rules, or regulations in accordance with a schedule of monetary fines and penalties; provided, however, that monetary penalties shall not exceed $50 for each parking violation other than penalties for handicapped parking violations or abandoned vehicles unless changed by resolution of the City Council from time to time.
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 Office, the manner and time of entering pleas, the conduct of hearings and the amount and manner of payment of penalties.
D. 
To issue subpoenas at the written request of the City of Yonkers Police Department or any interested party upon a proper demonstration of the reasonable need for same and for such persons or entities to compel the attendance of persons to give testimony at hearings and to compel the production of relevant books, papers and other things upon proper demonstration of the reasonable need for same.
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; to prepare complete and accurate transcripts of all hearings conducted by the Office; and to furnish such transcripts to the respondent at the respondent's own expense upon timely request and compliance with the regulations of the Office.
G. 
To provide to the Commissioner of Finance, on or before the 15th day of each month, a statement of all monetary penalties or fees received by the Office during the prior calendar month.
H. 
To answer, within a reasonable period of time, all relevant and reasonable inquiries made by a respondent or his attorney concerning the notice of violation. The Office must also furnish, within a reasonable period of time, to the respondent, upon request and upon complying with the regulations of the Office, a copy of the original notice of violation, including all information contained thereon. Failure of the Office to comply with the provisions of this subsection within 45 days of such inquiry, forwarded to the Office by certified or registered mail, return receipt requested, will result, upon the request of the respondent, in an automatic dismissal of all charges relating to and only to that notice of violation as to which the inquiry was made.
I. 
To prepare and issue a notice of violation in blank to be used by members of the Police Department and all other persons authorized by law or ordinance to enforce a parking violation. The notice of violation 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 9-14-2021 by L.L. No. 12-2021]
A. 
Whenever a parking violation occurs, a notice of violation or ticket shall be issued and served per this section.
[Amended 11-28-2023 by L.L. No. 18-2023]
B. 
The notice of violation shall contain information advising the person or entity charged of the manner and the time in which there may be a plea of either guilty or not guilty to the violation alleged in the notice and shall also contain a warning to advise the person or entity charged that failure to plead in the manner and time provided shall be deemed an admission of liability, that a default judgment may be entered thereon by failing to timely proceed as set forth herein, and that any judgment or judgments could result in the suspension, impoundment, removal, seizure, immobilization, storage and sale of the subject vehicle in accordance with § 109-132. The notice of violation shall direct that all payments accompanying a plea of guilty shall be made to the Parking Violations Office of the City of Yonkers. The form and wording of the notice of violation shall be prescribed by the Director from time to time. Upon a documented request to the Yonkers Police Department Traffic Unit or the Office, duplicate copy of the notice of violation shall also be provided by said entity to the Interested Person as defined herein of the motor vehicle which is the subject of said notice of violation.
[Amended 11-28-2023 by L.L. No. 18-2023]
C. 
A duplicate of each notice of violation shall be served on the person charged in the manner hereinafter provided. The original or a facsimile thereof shall be filed with and retained by the Office, shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein.
D. 
Except as otherwise expressly provided by local law of the City of Yonkers, notices of violation for parking violations shall be issued by:
(1) 
Police officers of the City of Yonkers anywhere in the City.
(2) 
Parking and Code Enforcement Officers.
(3) 
Employees of the Yonkers Parking Authority at garages and lots operated by the Authority.
(4) 
Any other authorized law enforcement agency.
[Amended 11-28-2023 by L.L. No. 18-2023]
E. 
A notice of violation shall state the date, time and location of the violation; the type of violation; the make and body type; the license plate number, type of license plate and registration expiration date; the meter number, if any; and the section number of the violation. A notice of violation shall be served personally upon the operator of a motor vehicle who is present at the time of service; and if the operator is not present, then the notice of violation shall be served by affixing the notice to the vehicle in a conspicuous place. Whenever a notice is so affixed, in lieu of inserting the name of the person charged with the violation in the space provided for the identification of the 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 the vehicle, together with the expiration date, the make or model and the body type of the vehicle. Service of the notice of violation or a duplicate thereof by affixing to the vehicle, 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.
F. 
For 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 or otherwise, shall be deemed to be the agent of such owner to receive notices of violation, 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. There shall be a rebuttable presumption that the operator of said vehicle has the express or implied consent of the owner unless the owner can demonstrate by clear and convincing evidence otherwise.
[Amended 9-14-2021 by L.L. No. 12-2021]
A. 
The operator, owner and lessor of a vehicle shall be liable for the fines or penalties for parking violations and other violations, including but not limited to red light camera violations or other violations of the laws, rules or regulation of the City or the New York State Vehicle and Traffic Law or regulations or requirements of the New York State Department of Motor Vehicles. Except as otherwise provided in Subsections B through E of this section, the owner and lessor of the vehicle, even if not the operator thereof, shall be jointly and severally liable with the operator thereof if such vehicle was used or operated with the permission of the owner or lessor, express or implied, but in such case the owner or lessor may recover any fine or penalties paid by either from the operator. There shall be a rebuttable presumption that the operator of said vehicle has the express or implied consent of the owner or lessor unless the owner or lessor can demonstrate by clear and convincing evidence otherwise.
[Amended 11-28-2023 by L.L. No. 18-2023]
B. 
The lessor or owner of a motor vehicle shall not be liable for fines or penalties or other Office costs imposed pursuant to the City of Yonkers Code if:
(1) 
Prior to any violation of this Code, or other applicable laws, rules or regulations, the lessor or owner has filed on an approved form with the Office the registration plate number, plate type and place of registration of the vehicle regarding which the notice of any violation was issued and said lessor or owner has paid in advance the required yearly filing fee provided in Subsection F of this section as well as providing to the Office the current address and contact information for the interested parties; and
(2) 
Within 37 days after receiving notice from the Office of the date and time of a violation, together with the other information contained in the original notice of violation, the lessor or owner submits to the Office in writing or by email the correct name and current address of the lessee or operator of the vehicle identified in the notice of violation at the time of such violation, together with such other additional information contained in the rental, lease or any other documents as may be reasonably required by the Office to locate and provide notification to the lessee or operator as the case may be of the violation.
C. 
If the lessor or owner has complied with Subsection B(1) and (2) of this section, the lessor or owner shall not be liable for any fines, costs or penalties in excess of the scheduled fine unless the lessor or other interested party fails to appear and otherwise lawfully respond to the notice of violation within 37 days of actual transmission by the Office of a notice of violation and provided full compliance with all Office requirements and other lawful process pursuant to Subsection E of this section.
D. 
If the lessor or owner who has complied with Subsection B(1) of this section has paid any fine, costs or penalty for which he, she or it is liable and the Office subsequently collects from the operator or lessee the amount of the scheduled fine, costs and penalty owed by such person or entity, or any portion thereof, the lessor or owner shall be entitled to reimbursement from the Office of the amount of the fine and penalty unlawfully paid by the lessor, less the Office's costs of collection.
E. 
The lessor or owner shall not be liable for any fines or penalties in connection with a notice of violation for a vehicle whose registration plate number is filed and the fee therefor paid prior to the time of issuance of a notice of violation, unless the lessor or owner receives notice from the Office of the date and time of such violation, together with the other information contained in the original notice of violation, within 90 days after service of the notice of violation, in accordance with § 109-37 and the lessor or owner fails to appear or otherwise lawfully respond to the notice of violation.
F. 
The annual fee for filing a registration plate number with the Office by lessors or owners under this section shall be $12 or such other amount as lawfully permitted per fiscal year. Lessors and owners shall also provide the Office with such other additional information in such format as the Office, by regulation, may reasonably require. The registration plate number shall not be considered filed with the Office unless the annual filing fee provided for in this subsection shall have been paid in advance. Lessors and owners shall not be entitled to a refund, reduction, credit or other consideration in connection with such annual filing fee in the event that such registration plate number is withdrawn from service, destroyed or surrendered during the fiscal year for which such registration plate number shall have been filed. In the event that a lessor or owner files with the Office registration plate numbers during a fiscal year, the annual filing fee for the same shall be prorated on a monthly basis in accordance with a schedule that the Office shall promulgate by regulation. The primary filing by each lessor or owner for each fiscal year shall be made at least 30 days prior to the commencement of the fiscal year.
G. 
Where the United States postal authorities return to the Office a notice of violation or other delinquency notice forwarded by the Office to a name and address of a lessee or operator furnished by a lessor or owner in accordance with provisions of this section, such return notice shall be presumptive evidence of the furnishing of an incorrect name and address by the lessor or owner to the Office. The lessor or owner may, however, conclusively rebut such presumption if, within 60 days after receiving notification from the Office of the returned mail notice, the lessor or owner shall provide to the Office a copy of any documents, including the rental agreement or lease agreement for such lessee containing a correct and current name and address to the Office for the lessee or operator. In the event that a lessor shall fail to rebut the presumption established by this subsection, the lessor or owner shall be liable for all fines and penalties in accordance with the rules and regulations promulgated by the Office. All interested parties have the sole and individual responsibility to provide the Office with accurate information about the interested parties' address for receiving any notice at all times.
H. 
The Office shall, by rules and regulations, prescribe the manner and method of giving notice of outstanding violations to the operators, lessees, and owners except that notices of impending default judgment shall be forwarded by mail, in accordance with § 109-42B. All notices to lessors, owners, or operators under this section shall be by first-class mail to the address on file with the Office or by such other means as shall be provided for in the rules and regulations of the Office.
I. 
A lessor and owner shall cooperate with the Office in the enforcement of judgments rendered against lessees as well as operators or in providing the Office or its designated agents with such other additional information as shall be contained in any such documents, including a lessor's rental or lease agreements with their lessees as shall be available to them.
[Amended 9-14-2021 by L.L. No. 12-2021]
If any owner or lessor of a motor vehicle receives a notice of violation for a period during which the illegally parked vehicle was reported to any Police Department as having been stolen and with such follow-up as required by the Police Department to investigate the claim of a stolen vehicle, it shall be a valid defense to any charge of a parking violation that the motor 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 the purposes of asserting the defense provided by this section, it shall be sufficient that a certified copy of the police report of the stolen vehicle and recovery report as well as all other information lawfully required by the Office be made promptly after any motor vehicle is stolen and shall be mailed to the Office with proof of mailing.
[Amended 9-14-2021 by L.L. No. 12-2021]
A. 
In order to avoid the imposition of a late penalty in addition to the scheduled fine, a plea must be received by the Office within 30 days after the date of issuance of the notice of violation. Late penalties shall be imposed in accordance with § 109-159C of this chapter. A plea may be entered in person or by a lawful representative at the Office or by ordinary mail at the Office. Any plea entered by mail, if timely received by the Office, shall be accepted and processed by the Office.
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;
(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 with the plea form completed, by appropriate form of mail, to the mailing address of the Office stated on the notice of violation.
C. 
A plea of guilty shall be accompanied by a check or money order, payable to the Parking Violations Office, for payment in full of the scheduled fine as listed under § 109-159.
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 in accordance with the instructions thereon.
[Amended 9-14-2021 by L.L. No. 12-2021]
A. 
Whenever a person charged with a parking violation or other violation of the City Code, including but not limited to red light camera violation or any other violation of City laws, rules or regulations, enters a plea of not guilty, the Office shall notify the person, in writing, by first-class mail, of the date on which he, she or it must appear to answer the charge at a hearing to be held by the Board. The form and content of such notice of hearing shall be prescribed by the Office Director and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability and that a default judgment may be entered thereon.
B. 
Whenever a plea of not guilty has been entered by a person or entity in a timely fashion and a hearing upon the merits has been demanded but has not yet been held, the Office shall not issue any notice of fine or penalty to the person prior to the date of the hearing for the noticed violation.
C. 
Every hearing for the adjudication of a charge of a parking violation or other violation of the City Code, including but not limited to red light camera violation of any violation of City laws, rules or regulations, or for any other proceeding as provided for in this Code, shall be held before an ALJ in accordance with the rules and regulations applicable herein this Code. All hearings shall be public. A respondent may be represented by legal counsel. The ALJ 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 or other lawful methods as the Chief ALJ shall determine. A transcript of such record shall be supplied to a respondent on application and after the payment of a fee as provided in the application rules and payment of the cost of such transcript.
E. 
The ALJ may, in his or her 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 person who served the notice of violation or of other persons to give testimony, and he or she 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.
F. 
In the case of a refusal to obey a subpoena, the Office 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.
G. 
The Office 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 one adjournments shall be granted except under extraordinary circumstances as determined by the ALJ.
[Amended 9-14-2021 by L.L. No. 12-2021]
A. 
The ALJ shall make a determination on the charges or other issues, either sustaining or dismissing them. The ALJ shall not examine the prior violation record of a person charged before making a determination. Where the ALJ determines that the charges have been sustained, he or she may examine the prior parking violations record prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the Office, together with records showing payment and 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 Yonkers and/or in the office of the Clerk of the County of Westchester and/or in such other county wherein the respondent resides or is employed.
B. 
Where an operator or owner fails to enter a plea to a charge of a parking violation or other violation of the City Code, including but not limited to red light camera violation of any violation of City laws, rules or regulations, or fails to appear on a designated hearing date or subsequent adjourned date or fails, after a hearing, to comply with the determination of an ALJ, as prescribed by this article, Charter Article VIA, or by rule or regulation of the Office or the City Code, 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 authorized by this chapter and the rules and regulations of the Office.
C. 
Prior to rendering a default judgment after a failure to plead, appear or comply, the Office shall notify the operator or registered owner, in writing, by first-class mail:
[Amended 11-28-2023 by L.L. No. 18-2023]
(1) 
Of the violation charged;
(2) 
Of the impending default judgment;
(3) 
That such judgment will be entered in the City Court of the City of Yonkers 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 may be avoided by entering a plea or making an appearance within 30 days of the sending of such notice.
D. 
Pleas entered or appearance made within the period authorized in Subsection C of this section shall be in the manner prescribed in the notice and not subject to additional penalty or fee. 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. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining them, he shall impose no greater penalty or fine than those upon which the person was originally charged.
[Amended 11-28-2023 by L.L. No. 18-2023]
E. 
A judgment entered pursuant to the provisions of this section shall remain in full force and effect for eight years, notwithstanding any other provision of law.
F. 
Once a judgment is entered, and that judgment alone or the judgment in addition to outstanding cumulative tickets, together, in the totality, exceed $300, then the City shall notify all interested parties that any such judgment or judgements could result in the suspension of the vehicle's registration, impoundment, removal, seizure, immobilization, storage and sale of the subject vehicle in accordance with § 109-132 of this chapter.
[Added 11-28-2023 by L.L. No. 18-2023]
There shall be an Appeals Panel within the Board, which shall hear any appeals from this article in accordance with the procedure described in § C6A-13.
A. 
In the event that a respondent shall have failed to comply with the provisions of this chapter in that he has failed to pay final determinations, judgments or default judgments for parking violations entered against him on three or more notices of violations served upon him within a period of 18 months, the Office shall certify such fact to the Commissioner of Motor Vehicles of the State of New York; and upon such certification, the Office shall notify the respondent by mail that such certification has been made, 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 all judgments, default judgments or final determinations 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 Office 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. The respondent shall pay to the Office a fee of $10 for such certificate.
[Amended 6-1-2017 by L.L. No. 9-2017; 5-28-2025 by L.L. No. 2-2025]
A. 
Notwithstanding any other provision of law, the Parking Violations Office is hereby authorized and empowered to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications in accordance with the provisions of this section. The Traffic Engineer, for purposes of implementation of such program, shall be authorized to install and operate traffic-control signal photo violation-monitoring devices at no more than 25 intersections at any one time.
B. 
Such demonstration program shall utilize necessary technologies to ensure, to the extent practicable, that photographs produced by such traffic-control signal photo violation-monitoring systems shall not include images that identify the driver, the passengers, or the contents of the vehicle; provided, however, that no notice of liability issued pursuant to this section shall be dismissed solely because a photograph or photographs allow for the identification of the contents of a vehicle, provided that the City of Yonkers has made a reasonable effort to comply with the provisions of this subsection.
C. 
The owner of a vehicle shall be liable for a penalty imposed pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, in violation of Subdivision (d) of § 1111 of the New York State Vehicle and Traffic Law, (hereinafter Vehicle and Traffic Law) and such violation is evidenced by information obtained from a traffic-control signal photo violation-monitoring system; provided, however, that no owner of a vehicle shall be liable for a penalty imposed pursuant to this section where the operator of such vehicle has been convicted of the underlying violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law.
D. 
Notwithstanding any other provision of this section, no owner of a vehicle shall be subject to a monetary fine imposed pursuant to this section if the operator of such vehicle was operating such vehicle without the consent of the owner at the time such operator failed to obey a traffic-control indication. For purposes of this subsection, there shall be a presumption that the operator of such vehicle was operating such vehicle with the consent of the owner at the time such operator failed to obey a traffic-control indication.
E. 
For purposes of this section, "owner" shall mean any person, corporation, partnership, firm, agency, association, lessor, or organization who at the time of the issuance of a notice of violation in which a vehicle is operated:
(1) 
Is the beneficial or equitable owner of such vehicle; or
(2) 
Has title to such vehicle; or
(3) 
Is the registrant or co-registrant of such vehicle which is registered with the Department of Motor Vehicles of the State of New York or any other state, territory, district, province, nation or other jurisdiction; or
(4) 
Uses such vehicle in its vehicle-renting and/or -leasing business; or
(5) 
Is an owner of such vehicle as defined by § 128 or Subdivision (a) of § 2101 of the Vehicle and Traffic Law.
F. 
For purposes of this section, "traffic-control signal photo violation-monitoring system" shall mean a device installed to work in conjunction with a traffic-control signal which, during operation, automatically produces two or more photographs, two or more microphotographs, a videotape or other recorded images of each vehicle at the time it is used or operated in violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law.
G. 
A certificate, sworn to or affirmed by a technician employed by the Traffic Engineer, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a traffic-control signal photo violation-monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation imposed pursuant to this section.
H. 
An owner liable for a violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law pursuant to this section shall be liable for monetary penalties in accordance with a schedule of fines and penalties to be promulgated by such Office. The liability of the owner pursuant to this section shall not exceed $50 for each violation; provided, however, that such Office may provide for an additional penalty not in excess of $25 for each violation for the failure to respond to a notice of liability within the prescribed time period. Such Office shall adjudicate liability imposed by this section.
I. 
An imposition of liability under this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.
J. 
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 Subdivision (d) of § 1111 of the Vehicle and Traffic Law pursuant to this section. Personal service on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein.
K. 
A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law pursuant to this section, the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation and the identification number of the camera which recorded the violation or other document locator number.
L. 
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 persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon.
M. 
The notice of liability shall be prepared and mailed by the Office or its designee.
N. 
If an owner 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 a violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law pursuant to this section 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 subsection, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent by first class mail, return receipt requested, to such Office.
O. 
If the owner liable for a violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law pursuant to this section was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator.
P. 
An appeal of an adjudication of liability pursuant to this section may be taken in accordance with this article.
Q. 
An owner who is a lessor of a vehicle to which a notice of liability was issued pursuant to Subdivision H of this section shall not be liable for the violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law, provided that:
(1) 
Prior to the violation, the lessor has filed with the Office and paid the required filing fee in accordance with the provisions of § 239 of the Vehicle and Traffic Law; and
(2) 
Within 37 days after receiving notice from the Office of the date and time of a liability, together with the other information contained in the original notice of liability, the lessor submits to the Office 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 the Office pursuant to regulations that may be promulgated for such purpose.
(3) 
Failure to comply with Subsection Q(1) or (2) of this section shall render the owner liable for the penalty prescribed in this section.
(4) 
Where the lessor complies with the provisions of this subsection, 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 pursuant to this section and shall be sent a notice of liability pursuant to Subsection H of this section.
R. 
Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law.
S. 
On or before October 1, 2009, and every four months thereafter, until such time as the demonstration program authorized in Subsection A hereof shall be fully operational, the Director of the Parking Violations Office shall submit a written report to the City Council on the status of said demonstration program. Such report shall include, but not be limited to, the locations selected for inclusion in the demonstration program and the cost to the City, both individually and collectively, of each location included in such demonstration project.
T. 
The Director shall submit to the Governor, the temporary President of the Senate, the Speaker of the Assembly and the City Council, an annual report on the results of the use of a traffic-control signal photo violation-monitoring system on or before July 1, 2010, and on the same date in each succeeding year, in which the demonstration program is operable. Such report shall include, but not be limited to:
(1) 
A description of the locations where traffic-control signal photo violation-monitoring systems were used;
(2) 
The aggregate number, type and severity of accidents reported at intersections where a traffic-control signal photo violation-monitoring system is used for the year preceding the installation of such system, to the extent the information is maintained by the New York State Department of Motor Vehicles;
(3) 
The aggregate number, type and severity of accidents reported at intersections where a traffic-control signal photo violation-monitoring system is used, to the extent the information is maintained by the New York State Department of Motor Vehicles;
(4) 
The number of violations recorded at each intersection where a traffic-control signal photo violation-monitoring system is used and in the aggregate on a daily, weekly and monthly basis;
(5) 
The total number of notices of liability issued for violations recorded by such systems;
(6) 
The number of fines and total amount of fines paid after first notice of liability issued for violations recorded by such systems;
(7) 
The number of violations adjudicated and results of such adjudications including breakdowns of dispositions made for violations recorded by such systems;
(8) 
The total amount of revenue realized by Yonkers from such adjudications;
(9) 
Expenses incurred by Yonkers in connection with the program; and
(10) 
Quality of the adjudication process and its results.
U. 
It shall be a defense to any prosecution for a violation of Subdivision (d) of § 1111 of the Vehicle and Traffic Law pursuant to this section that such traffic-control indications were malfunctioning at the time of the alleged violation.
V. 
This section will terminate, unless extended by the New York State Legislature, on December 1, 2014.
W. 
Advance warning signs.
(1) 
Advance warning signs notifying motorists that traffic control signal violation-monitoring devices are being utilized within the City of Yonkers must be identified by appropriate advance warning signs conspicuously posted at portals to the City in a manner approved by the City of Yonkers Traffic Engineering Department.
(2) 
Pursuant to the New York State Vehicle and Traffic Law, the City of Yonkers Traffic Engineering Department shall utilize sign R10-18 contained in the Federal Highway Administration's Manual of Uniform Traffic Control Devices (MUTCD) as the advance warning sign for placement in the City of Yonkers.
(3) 
Pursuant to the MUTCD, the advance warning sign, MUTCD sign R10-18, shall measure approximately 36 inches by 24 inches and shall read "Traffic Laws Photo Enforced" and appear as follows:
(4) 
Advance warning signs shall be in place as soon as practicable at no less than the following locations selected by the City of Yonkers Traffic Engineering Department:
(a) 
The north border with the Town of Greenburgh at:
[1] 
Warburton Avenue.
[2] 
North Broadway.
[3] 
Nepperhan Avenue at Executive Boulevard.
[4] 
Executive Boulevard at the Saw Mill River Parkway.
[5] 
East Grassy Sprain Road.
[6] 
Fort Hill Avenue.
[7] 
Central Park Avenue.
[8] 
Scarsdale Road.
(b) 
The east border with the Town of Eastchester and the City of Mount Vernon at:
[1] 
Strathmore Road.
[2] 
Scarsdale Road.
[3] 
Pondfield Road.
[4] 
Palmer Road.
[5] 
Tuckahoe Road.
[6] 
Midland Avenue.
[7] 
Yonkers Avenue.
[8] 
Broad Street.
[9] 
Wakefield Avenue.
[10] 
Mclean Avenue.
(c) 
The south border with the City of New York at:
[1] 
Bronx River Road.
[2] 
Kimball Avenue.
[3] 
Central Park Avenue.
[4] 
South Broadway.
[5] 
Riverdale Avenue.
[Added 10-13-2020 by L.L. No. 5-2020]
A. 
Purpose and intent; establishment of program. Pursuant to § 1174-a of the New York State Vehicle and Traffic Law ("VTL"), the City of Yonkers (hereinafter "City") hereby establishes a demonstration program imposing monetary liability on the owner of a vehicle for failure to comply with § 1174 of the VTL, which requires vehicle operators to stop for school buses that have halted to receive or discharge passengers. Through the implementation of this section, the City, in collaboration with the Yonkers City School District (hereinafter "district"), is empowered to install and use photo violation monitoring equipment on school buses to capture the violators of this section.
B. 
Definitions. As used in this section, all words shall have their plain meanings, except for the following words, which shall have the following meanings:
DATA
Any photographs, microphotographs, videotapes, or other recorded images and data produced by the school bus photo violation monitoring system.
DEMONSTRATION PROGRAM
The use of photo violation monitoring equipment placed on school buses throughout the City of Yonkers to impose monetary liability on the owner of a vehicle for failure to comply with § 1174 of the VTL.
MUTCD
The manual and specifications for a uniform system of traffic control devices maintained by the Commissioner of Transportation pursuant to § 1680 of the VTL.
OWNER
Any person, corporation, partnership, firm, agency, association, lessor, or organization who at the time of the issuance of a notice of violation in which a vehicle is operated:
(1) 
Is the beneficial or equitable owner of such vehicle; or
(2) 
Has title to such vehicle; or
(3) 
Is the registrant or coregistrant of such vehicle which is registered with the Department of Motor Vehicles of the State of New York or any other state, territory, district, province, nation or other jurisdiction; or
(4) 
Uses such vehicle in its vehicle-renting and/or leasing business; or
(5) 
As defined by § 128 or § 2101 of the VTL.
SCHOOL BUS
A passenger vehicle having a seating capacity of more than seven passengers, used primarily to transport pupils, teachers, and other persons acting in a supervisory capacity to and from school or school activities, as provided in subdivisions 20 and 21-c of § 375 of the VTL.
SCHOOL BUS COMPANY
School buses owned and operated by the Yonkers City School District, or owned and operated by a private company or companies under contract with the Yonkers City School District.
SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM (hereinafter "system")
A device or system of devices that is capable of operating independently of an enforcement officer, which is installed to work in conjunction with a school bus stop-arm and which automatically produces two or more photographs, microphotographs, a videotape or other recorded images of a vehicle at the time it is used or operated in violation of § 1174(a) of the VTL.
C. 
Agreements and authorizations necessary.
(1) 
The City shall enter into an agreement with the district for the maintenance, installation and use of the system on school buses and for the proper handling and custody of data produced by such monitoring system. The agreement shall also include the forwarding of such data produced by the system to the City.
(a) 
The City shall bear the total cost of the installation, maintenance, and use of the system.
(b) 
The City may enter into an agreement with a provider for the installation and maintenance of the system.
(c) 
On or before September 1 of each year, the district shall determine and certify to the City the total cost to the district for the maintenance, installation, and use of the system, as well as the cost for the proper handling and custody of the data and the forwarding of the data to the City.
(d) 
On or before December 1 of each year, the district shall provide to the City all certified costs related to this demonstration program for that same year. No later than 20 days after such payment is submitted or is due, whichever one is first, the district shall submit to the Commissioner of Finance and the Chairperson of the Budget and Finance Committee of the Yonkers City Council a report showing the amount of costs and the amount of payments received. If the City fails to make the required payments to the district by the 20th day after the date such payment was due:
[1] 
The district shall notify the Commissioner of Finance and the Chairperson of the Budget and Finance Committee of the City of Yonkers of such occurrence within 24 hours of such day; and
[2] 
The demonstration program shall be suspended within the City until such time as the City makes the payment required to the district. The district shall notify the Commissioner of Finance and the Chairperson of the Budget and Finance Committee of the Yonkers City Council of such payment within seven business days of its receipt, provided, however, that any notice of liability issued prior to the suspension of the program shall be valid.
(2) 
Any contract and/or agreement entered into for the demonstration program between the City and the district under this Code must be approved by a majority vote of the City Council of the City and by resolution of the district. Both the City and district shall have the ability to withdraw from such agreement on 20 days' written notice to the other signatories of the agreement. The contract/agreement between the City and the district shall provide that any image or images captured by the system shall be inadmissible in any disciplinary proceeding convened by the district or any school bus contractor thereof, and any proceeding initiated by the New York State Department of Transportation involving licensure privileges of school bus operators. Any school bus photo violation monitoring device mounted on a school bus shall be directed outwardly from such school bus to capture images of vehicles operated in violation of § 1174 the VTL, of and images produced by such device shall not be used for any other purpose.
(3) 
The purchase and/or lease of equipment for the demonstration program by the City shall be subject to § 103 of the New York State General Municipal Law.
D. 
Restriction on use.
(1) 
The system shall be mounted on a school bus, and shall be directed outwardly from such school bus to capture images of vehicles operated in violation of § 1174 of the VTL; images produced by such devices shall not be used for any other purpose.
(2) 
The district shall be prohibited from accessing any data from the system, but shall provide for the proper handling and custody of such data to the City for the purpose of determining whether a motor vehicle was operated in violation of § 1174(a) of the VTL, and imposing monetary liability on the owner of the motor vehicle.
(3) 
Data produced by the system shall be destroyed:
(a) 
Ninety days after the date of the alleged imposition of liability if a notice of liability is not issued for such alleged imposition of liability pursuant to § 1174-a of the VTL; or
(b) 
Upon the final disposition of a notice of liability issued pursuant to § 1174-a of the VTL.
E. 
Privacy and citizen notification. The City, district, and any school bus company shall enforce measures to protect the privacy of information captured by the system, including the identity of the passengers and the contents of the vehicle. The Parking Violations Office shall establish regulations in accordance with § 1174-a(a)(4) of the VTL to ensure privacy protections for drivers, passengers, pedestrians, and cyclists. Such measures shall include:
(1) 
Utilization of necessary technologies to ensure, to the extent practicable, that photographs produced by such school bus photo violation monitoring systems shall not include images that identify the driver, the passengers, the contents of the vehicle, pedestrians and cyclists; provided, however, that no notice of liability issued pursuant to this section shall be dismissed solely because a photograph or photographs allow for the identification of the contents of a vehicle, provided that such county, city, town or village has made a reasonable effort to comply with the provisions of this subsection;
(2) 
A prohibition on the use or dissemination of vehicles' license plate information and other information and images captured by school bus photo violation monitoring systems 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;
(3) 
The installation of signage in conformance with standards established in the MUTCD at each roadway entrance of the jurisdictional boundaries of the City giving notice that school bus photo violation monitoring systems are used to enforce restrictions on vehicles violating § 1174 of the VTL; and
(4) 
Oversight procedures to ensure compliance with the aforementioned privacy protection measures.
F. 
Liability.
(1) 
The owner shall be liable for a penalty imposed pursuant to this section if such vehicle was used and/or operated with the permission of the owner, either express or implied, in violation of § 1174(a) of the VTL, and such violation is evidenced by information obtained from the system.
(a) 
No owner of a vehicle shall be liable for a penalty imposed pursuant to this section when the owner was not operating such vehicle, and the operator of such vehicle has been convicted of the underlying violation of § 1174(a) of the VTL.
(2) 
A certificate, sworn to or affirmed by a technician employed by the City, or a facsimile thereof, based upon the inspection of the data, shall be prima facie evidence of the facts contained therein. Any data evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation.
(3) 
An owner that is found to be liable for a violation of § 1174(a) of the VTL through § 1174-a of the VTL, shall be liable for the following:
(a) 
First offense within an eighteen-month period: $250.
(b) 
Second offense within an eighteen-month period: $275.
(c) 
Third or subsequent offense within an eighteen-month period: $300.
(4) 
The City may impose an additional penalty, not in excess of $25 for each violation for the failure to respond to a notice of liability within the prescribed time period.
(5) 
An imposition of liability under this Code section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom liability is imposed, nor shall it be used for insurance purposes.
(6) 
A notice of liability shall:
(a) 
Be prepared and mailed by the Parking Violations Office, and be sent by first class mail to each person alleged to be liable as an owner for a violation of § 1174(a) of the VTL.
(b) 
Contain the name and address of the person alleged to be liable as an owner for a violation of § 1174(a). It shall also have the registration number of the vehicle, the location of the violation, the date and time of the violation, and the identification number of the camera that recorded the violation.
(c) 
Contain information advising the person accused of liability 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 advising persons accused of said liability that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered against them.
(7) 
The City may, during the first thirty-day period in which the system is in operation pursuant to state law and this Code section, issue a written warning in lieu of a notice of liability for failure of operators to comply with § 1174 of the VTL when meeting a school bus marked and equipped as provided in subdivisions 20 and 21-c of § 375 of such law.
G. 
Adjudication of liability.
(1) 
The Parking Violations Office shall have the authority to adjudicate violations of § 1174(a) of the VTL pursuant to § 1174-a(h) of the VTL and this Code, in accordance with the requirements of this Code section and Article V of the Charter of the City of Yonkers.
(2) 
If an owner charged with a violation of § 1174(a) of the VTL through § 1174-a of the VTL and contests such allegation of liability, the Parking Violations Office shall advise such person by first class mail the date on which they must appear to answer the charge at a hearing.
(3) 
The form and content of such notice shall be proscribed by the Director of the Parking Violations Office, and shall contain a warning to advise the person to appear on the date designated; adjourn the date if needed; and that failure to do one or the other shall be deemed an admission of liability, and default judgment may be entered thereon.
(4) 
Every hearing for the adjudication of liability brought under § 1174 pursuant to § 1174-a of the VTL shall be held before an Administrative Law Judge in accordance with the rules and regulations promulgated by the Parking Violations Office. The following rules shall also apply:
(a) 
A record shall be made of a hearing at which liability is being contested under § 1174-a of the VTL.
(b) 
The Administrative Law Judge shall make a determination on the charges, either sustaining them or dismissing them.
(c) 
Final determinations sustaining or dismissing liability shall be entered on a final determination roll maintained by the Parking Violations Office together with records showing payment and nonpayment of penalties.
(d) 
When an operator or owner fails to contest an allegation of liability in accordance with § 1174-a of the VTL, fails to appear on a designated hearing date or subsequent adjourned date, or fails after a hearing to comply with the determination of the Administrative Law Judge, such failure to contest, 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 Parking Violations Office.
(e) 
Notification.
[1] 
However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, the Parking Violations Office shall, pursuant to applicable provisions of law, notify such operator or owner by first class mail of the following:
[a] 
Of the liability alleged in accordance with § 1174-a of the VTL;
[b] 
Of the impending default judgment;
[c] 
That judgment will be entered by the Civil Court of the City; and
[d] 
That a default may be avoided by contesting an allegation of liability in accordance with § 1174-a of the VTL, or by appearing within 30 days of the sending of such notice.
[2] 
Allegations contested during the aforementioned period shall be in the manner prescribed in the notice and not subject to an additional penalty or fee. Notice of impending default judgment shall not be required prior to the rendering of judgments against nonresidents of New York State. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the Administrative Law Judge shall make a determination on the allegation of liability, sustaining them, he or she shall impose no greater penalty than those upon which the person was originally charged.
(5) 
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 contesting an allegation of liability.
H. 
Defenses from liability.
(1) 
If an owner receives a notice of liability for any time period during which the vehicle was reported to the police as having been stolen, it shall be a valid defense to an allegation of liability for a violation of § 1174(a) of the VTL, during the time that the vehicle had been reported to the police as stolen through the time it had been recovered. For purposes of asserting the aforementioned defense, it shall be sufficient to show a certified copy of the police report on the stolen vehicle sent by first class mail to the Parking Violations Office.
(2) 
It shall also be a defense to any prosecution for a violation of § 1174(a) of the VTL that such school bus stop-arms were malfunctioning at the time of the alleged violation.
(3) 
An owner who is a lessor of a vehicle to which notice of liability was issued pursuant to § 1174-a of the VTL shall not be liable for the violation of § 1174(a) of the VTL, provided that he or she sends to the Parking Violations Office a copy of the rental, lease, or other such contract document covering such vehicle on the date of the violation, with the name and address of the lessee clearly legible, within 37 days after receiving notice from the Parking Violations Office of the date and time of such violation, together with the other information contained in the original notice of liability. Failure to send the information listed above within the thirty-seven-day period shall render the owner liable for the penalty prescribed in this Code section. Where the lessor complies with this section, the lessee of such vehicle on the date of such violation shall be deemed to be the owner of such vehicle for the purpose of this Code section, the lessee shall be subject to liability pursuant to § 1174-a of the VTL, and the lessee shall be sent a notice of liability pursuant to § 1174-a of the VTL.
(4) 
There shall be a presumption of an owner's authorization of an operator's use of such vehicle at the time the operator failed to comply with § 1174 of the VTL. However, if the owner that is liable for a violation of § 1174(a) of the VTL was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. Notwithstanding any contrary provision, no owner of a vehicle shall be subject to a monetary fine imposed pursuant to this Code if the operator of such vehicle was operating such vehicle without the consent of the owner.
I. 
City reporting requirements.
(1) 
The City shall prepare and submit an annual report on the results of the use of the system to the Governor, the Temporary President of the Senate, and the Speaker of the Assembly on or before June 1 of each year in which the demonstration program is operable. A copy of such report shall be provided to the Commissioner of the Yonkers Police Department as well.
(2) 
The report shall include, but is not limited to:
(a) 
The number of buses and a description of the routes where they were stationed;
(b) 
The aggregate number and severity of accidents reported where the system is used for the year preceding the installation of such system, if such records exist;
(c) 
The aggregate number, type and severity of accidents reported at locations where the system is used, to the extent the information is maintained by the City or the Department of Motor Vehicles;
(d) 
The number of violations recorded at each location and the aggregate number of violations on a daily, weekly, and monthly basis;
(e) 
The number of convictions for violations of § 1174(a) of the VTL recorded by the system, to the extent that information is tracked by the Department of Motor Vehicles;
(f) 
The total number of notice of liability issues for violations recorded by such systems;
(g) 
The number of fines and total amount of fines paid after the first notice of liability issued for violations recorded by such systems;
(h) 
The number of violations adjudicated and results of such adjudication, including breakdowns of dispositions made for violations recorded by such systems which shall be provided at least annually to such City by the Parking Violations Office;
(i) 
The total amount of revenue realized by the City from the program;
(j) 
The expenses incurred by the City in connection with the program;
(k) 
The quality of the adjudication process and the results, including the total number of hearings scheduled, rescheduled, and held; the total number of cases where fines were paid on or before the hearing date, and the total number of default judgments entered. Such information shall be provided annually from the Parking Violations Office to the City; and
(l) 
A description of the public education activities conducted to warn motorists of the dangers of overtaking and passing stopped school buses.