[L.L. No. 3-2006, § 1, 4-19-2006; amended in its entirety 5-4-2016 by Ord. No. 116]
(a)
COMMISSIONER
VIOLATION
Definitions and terminology. As used in this article, the following
terms shall have the meanings indicated:
Unless specifically designated otherwise, refers to the person
who is charged with the specific responsibilities or duties referred
to in this article.
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 Utica.
(b)
There is hereby created in the City a Parking Violations Bureau.
The Parking Violations Bureau shall have jurisdiction over traffic
infractions which constitute a parking violation and such other matters
as are authorized by Article 2-B of the New York State Vehicle and
Traffic Law.
(c)
The administrative and clerical functions of the Parking Violations Bureau shall continue to be performed by the traffic violations bureau as provided under Chapter 2-16 of this Code to the extent they are consistent with the provisions of Article 2-B of the Vehicle and Traffic Law.
(d)
The Parking Violations Bureau shall have one supervising hearing
examiner and such number of hearing examiners as may be required and
as determined by the Board of Estimate and Apportionment. The compensation
of the supervising hearing examiner and the hearing examiners shall
be as determined by the Board of Estimate and Apportionment. The supervising
hearing examiner shall have been admitted to the practice of law in
the state for at least seven years, and every hearing examiner shall
have been admitted to the practice of law in this state for a period
of at least five years. They shall be appointed from a list of eligible
candidates who have satisfied the standards established by a duly
constituted committee of the bar association of the County of Oneida
and who have satisfied the established standards in accordance with
the provisions of Article 2-B of the Vehicle and Traffic Law. Such
candidates may include, but are not limited to, judges, magistrates
or other officers within the City. Such hearing examiners shall not
be considered employees of the City. The supervising hearing examiner
and hearing examiners shall perform such duties as provided for in
Article 2-B of the Vehicle and Traffic Law, including, but not limited
to: presiding at hearings for the adjudication of charges of parking
violations and membership on the Appeals Board of the Bureau.
(e)
The Mayor, or person designated in writing by him, shall perform
the duties of the Commissioner as provided for in Article 2-B of the
Vehicle and Traffic Law.
(a)
The Parking Violations Bureau shall have the following functions,
powers and duties:
(1)
To accept pleas and to hear and determine charges of parking
violations.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
To answer within a reasonable period of time all relevant and
reasonable inquiries made by a person charged with a parking violation
or his or her attorney concerning the notice of violation 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,
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 45 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
to which the inquiry was made.
(8)
To prepare and issue a notice of violation in blank to members
of the Police Department and to such other officers and public servants
as the Bureau by regulation shall determine. The notice of violation
or duplicate thereof, when filled in and sworn to or affirmed by such
designated officers or public servants and served as provided in this
article, shall constitute notice of the parking violation charged.
(b)
It shall keep an easily accessible record of all the violations
of which each person has been guilty of during the current calendar
year.
(c)
Failure to respond or appear.
(1)
If a violator of a parking rule or regulation does not appear in answer to a notice of parking violation within 15 days of the date of the violation, the Parking Violations Bureau shall send to the owner a second notice informing of the violation and warning him that he will be held responsible, as more fully set forth in Section 1-16-2.4.
(3)
If any person who has had a third notice of a parking violation
mailed to his last known address and fails to answer within the specified
time, the Parking Violations Bureau may send notices to collection
agency.
(d)
The Bureau shall keep records and submit summarized monthly
reports to the Commissioner of the Parking Violations Bureau of all
notices issued and all fines collected by the Parking Violations Bureau,
and of the final disposition or present status of every case of parking
violations. The Bureau shall, when so directed by the Commissioner
of the Parking Violations Bureau, prepare and submit such additional
certifications and notices as may from time to time be required to
conform to the provisions of the Vehicle and Traffic Law of the State
of New York. These reports shall be public information.
(e)
Nothing in this article shall authorize the Parking Violations
Bureau to deprive a person of his right to counsel or to prevent him
from exercising his right to answer, explain or defend any charge
of a violation of any parking violation, ordinance, rule and regulation.
(f)
The Bureau shall perform such other or additional duties and
keep such other and additional records as shall be prescribed by the
Commissioner of the Parking Violations Bureau.
(g)
The Bureau shall keep and file a daily disposition report with
the Commissioner of the Parking Violations Bureau. The daily disposition
report shall indicate all monies collected from whatever source, all
receipts issued, as well as all bank deposits made.
(h)
The Commissioner shall provide to the Mayor and Common Council
annually in April of each year, commencing in 2017, a report summarizing
the activities of the Parking Violations Bureau for the prior fiscal
year, including but not limited to an overall evaluation of the operation,
number of tickets and notices issued, hearings held, appeals requested
and revenue generated.
(a)
The notice of violation 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 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 Director shall prescribe the form and wording
of the notice of violation. 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 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 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; a description
of the charged violation, including but not limited to a reference
of the applicable traffic rule or provision of this chapter; information
as to the days and hours the applicable rule or provision of this
chapter is in effect, unless always in effect pursuant to rule or
this chapter and where appropriate the word "ALL" when the days and/or
hours in effect are everyday and/or 24 hours a day; the meter number
for a meter violation and space number, where appropriate; and the
date, time and particular place of occurrence of the charged violation,
shall be inserted therein. The notice of violation 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 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 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, 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)
Whenever any vehicle without operator is found by a police officer,
member of the Police Department or Parking Enforcement Officer to
be stopped, standing or parked in such a manner as to constitute a
traffic infraction, such Parking Enforcement Officer or member of
the Police Department shall take any information displayed on the
vehicle which may tend to identify its users, and if a motor vehicle
or motorcycle, the registration thereof, and affix conspicuously to
such vehicle a notice in writing, on a form provided by the Commissioner
of the Parking Violations Bureau for the driver to answer the charge
against him within 15 calendar days from the date of violation, during
the hours and at a place specified in the notice.
(b)
Whenever any Parking Enforcement Officer, police officer or
member of the Police Department shall have issued or affixed any notice
or summons of traffic infraction as above provided, such Parking Enforcement
Officer or member of the Police Department shall immediately send
one copy or a report of such notice or summons to the Parking Violations
Bureau.
(a)
The owner of a vehicle that has had a notice attached or affixed
to his or her vehicle of a parking violation may, within the time
specified in such notice, answer at the Parking Violations Bureau
to the charges set forth therein, either in person or by power of
attorney, by paying a prescribed fine and applicable surcharge, and
in writing, waiving a hearing, pleading guilty to the charge and giving
power of attorney to the person in charge of the Bureau to make such
a plea and pay such fine to the Bureau. Acceptance of the fine and
surcharge and power of attorney by the Bureau shall be deemed complete
satisfaction of the violation and the violator shall be given a receipt.
(b)
A pleas shall be entered within three days after service of
the notice of violation. 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 the Parking Violations
Bureau. Any plea entered by mail, if mailed in proper form within
three days after service of the notice of violation shall be accepted
by the Bureau.
(c)
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 stated on the
notice of violation.
(d)
Plea of guilty shall be accompanied by a check or money order
for the payment in full of the appropriate fines set forth on the
notice of violation for the subject violation(s).
(e)
A person pleading not guilty 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.
(f)
If a plea of not guilty is made in person, an immediate hearing
may be had on his or her request, if convenient to the Bureau.
(g)
Whenever a person charged with a parking violation enters a
plea of not guilty, the Bureau shall advise such person personally
by such form of first class mail as the Director may direct of the
date on which the person must appear to answer the charge at a hearing.
The form and content of such notice of hearing shall be prescribed
by the 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.
(h)
Whenever a plea of not guilty has been entered by a person in
a timely fashion and a hearing upon the merits has been demanded,
but has not yet been held, the Bureau shall not issue any notice of
fine or penalty relative to the subject parking violation to that
person prior to the date of the hearing.
(i)
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 article
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 judgment may be rendered, in
such case the Bureau shall, pursuant to the applicable provisions
of law, notify the 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 such judgment will be entered in the City Court of the
City of Utica 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 30 days of the sending of such notice.
(j)
Pleas entered within that period shall be in the manner prescribed
in the notice and not subject to such 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.
(k)
Failure to plea or respond.
(1)
Whenever a person has been issued a notice of violation and
has not responded in the manner prescribed, a second notice of violation
shall be provided by the City or Bureau by regular first class mail
in accordance with the following time periods:
(2)
The second notice shall include, at a minimum, the following
information:
a.
The owner has 20 days from the issuance of the second notice
in which to respond to the notice of violation for a parking violation.
b.
Failure to respond to the notice of violation for a parking
violation may result in the suspension and nonrenewal of the owner's
registration.
c.
Failure to respond to the notice of violation for a parking
violation may subject the owner to additional penalties.
d.
Failure to respond to the notice of violation for a parking
violation shall subject the owner to a default judgment and additional
penalties.
e.
Submission of a plea of guilty to the parking violation makes
the owner liable for payment of the stated fine, additional penalties
and the mandatory surcharge of $5 as prescribed by the New York State
Vehicle and Traffic Law.
(3)
Whenever a person has been issued a second notice of violation
for a parking violation and has not responded in a manner prescribed,
a third notice shall be provided by the City or Bureau by regular
first class mail.
(4)
The third notice shall include, at a minimum, the following
information:
a.
The owner has 20 days from the issuance of the third notice
in which to respond to the notice of violation for a parking violation.
b.
In addition to those penalties imposed after the first and second
notices are issued, failure to respond to the notice of violation
of a parking violation may subject the owner to one or more of the
following:
(5)
Additional penalties:
a.
The failure to respond to the notice of violation for a parking
violation may subject the owner to the additional penalties as follows:
|
Penalties for Failure to Respond to a Notice of Parking
Violation
| |||
|---|---|---|---|
|
Number of Days from Issuance of First Notice of Violation
|
Penalty in Addition to Initial Fine and Mandatory Surcharge
| ||
|
1 through 3
|
No penalty; liable for the initial fine plus the mandatory surcharge
of $50 for regular traffic violations or $100 in the case of a handicapped
traffic violation
| ||
|
After 3
|
Total of above, plus first penalty equal to amount of initial
fine
| ||
|
After 10
|
Total of above, plus second penalty equal to amount of initial
fine
| ||
|
90
|
Total of above, plus deemed an admission of liability, subject
to default judgment, and fees.
| ||
b.
Any violator who does not pay more than three fines will be
sent to a collection agency. The collection agency is awarded a bid
through contract and supply.
(a)
Where the City has given notice pursuant to Section 1-16-2.2 of this article, failure to respond to a notice of violation for parking violations within 90 calendar days from the date of violation shall be deemed an admission of liability and shall subject the owner to a default judgment being entered thereon in amounts not greater than the amount of the original fine, applicable surcharges, accrued penalties and any other provisions provided in the New York State Vehicle and Traffic Law.
(b)
Whenever a person fails to respond to five separate notices
of violation (five separate parking violations) issued within a twelve-month
period, a default judgment may be entered for an amount of the initial
fine(s), plus accrued penalties and the mandatory surcharge. At a
minimum, a person must be provided with a second notice for each parking
violation and a final notice that a default judgment is being entered.
(c)
Notice of default judgment shall be reported to the Department
of Motor Vehicles in accordance with procedures established by the
Department of Motor Vehicles.
(d)
The notice to the Department of Motor Vehicles shall certify
that the owner of the motor vehicle or his or her representative failed
to respond to five separate notices of violation regarding parking,
stopping or standing violations within a twelve-month period. Such
notice to the Department shall include any information deemed necessary
by the Department of Motor Vehicles.
(a)
Hearings.
(1)
All hearings will be held and payments are to be made in the
City of Utica, New York, at City Hall. The Director may designate
one or more decentralized locations.
(2)
All hearings shall be held Monday through Friday between the
hours of 9:00 a.m. and 4:00 p.m. or 4:00 p.m. and 7:00 p.m. on a schedule
of hearing times to be determined by the Commissioner of the Parking
Violations Bureau. Hearings will not be held on Saturdays, Sundays,
or legal holidays.
(3)
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 person
charged 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.
(4)
A record shall be made of every hearing on a plea of not guilty
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 person charged upon application and the payment of
a fee and the cost of such transcript.
(5)
The Bureau may, with or without the request or consent of the
person charged, consolidate for hearing or appeal one or more charges
pending against such person. The person charged up to 24 hours prior
to the hearing may request an adjournment, but not more than two adjournments
shall be granted except under extraordinary circumstances.
(6)
The hearing examiner shall not examine the prior violation record
of a person charged before making a determination.
(b)
Decisions and judgments.
(1)
The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. After a determination has been
made sustaining the charges, the hearing examiner may examine person
charged (the charged person's) prior violations record prior to rendering
a final determination.
(2)
Final determinations sustaining or dismissing the charges shall
be entered on a final determination roll maintained by the Bureau,
together with the records showing payment or nonpayment of penalties.
A copy of such record, or transcript thereof, may be filed in the
office of the Clerk of the City Court of Utica and/or in the office
of the Clerk of the County of Oneida and/or in such other county wherein
the person charged resides or is employed.
(3)
A judgment entered pursuant to the provision of this subsection
shall remain in full force and effect for eight years notwithstanding
any other provision of law.
(c)
Appeals.
(1)
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.
(2)
An appeal from a determination of any hearing examiner after
a hearing on a plea denying liability, or from a determination denying
a motion to reopen any matter filed in accordance with the rules and
regulations of the Bureau 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.
(3)
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. When the questions presented by
an appeal can be determined without an explanation of all the pleadings
and proceedings, the appellant may prepare and submit a statement
showing how the questions arose and were decided by the hearing examiner
and setting forth only so much of the facts averred and proved or
sought to be approved as are necessary to a decision of the questions.
The notice of appeal shall be in such form as the Director may prescribe.
No appeal may be had where a plea of guilty was entered by the person
charged at the hearing.
(4)
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. 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 and time 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. The appellant shall
provide, in writing, the address for the mailing of the decision,
if different from the original address on the notice.
(5)
The service of the 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.
(6)
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.
Proof of the stopping, standing and/or parking on public streets
of a motor vehicle or motorcycle contrary to the provisions of this
article shall be presumptive evidence that the person in whose name
such motor vehicle or motorcycle is registered is the person who so
parked, stopped and left standing such motor vehicle or motorcycle
contrary to such provisions.
(a)
Certification of noncompliance.
(1)
In the event the person charged shall have failed to comply
with the provisions of this article in that he/she has failed to pay
final determinations or judgments for parking violations entered against
him/her on three or more notices of violations served upon him/her
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 person charged 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
person charged that the Commissioner of Motor Vehicles will deny any
registration or renewal of registration of the person charged (charged
person's) vehicle until proof is provided that the person charged
has complied with the provisions of this article in connection with
all judgments or final determination so certified.
(2)
Upon payment by or on behalf of the person charged 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 article has been complied with and such certificate shall
be delivered to the Commissioner of Motor Vehicles.
(b)
Suspension of motor vehicle registration. Nothing in this section
is deemed to preclude the use of other suspension and/or denial of
registration or renewal provisions provided in the New York State
Vehicle and Traffic Law, such as §§ 401(a) and 510(4-b)
of the Vehicle and Traffic Law.
(1)
A default judgment entered pursuant to this article shall result
in a suspension of the owner's motor vehicle registration and a bar
to renewal of said registration.
(2)
The suspension of the registration shall take effect no later
than 30 days from the date the owner of the motor vehicle is given
notice of the suspension, and the suspension shall remain in effect
as long as the notices remain unanswered, or in the case of a Bureau,
the owner fails to comply with the rules and regulations following
the entry of a final decision or decisions.
(3)
If the owner responds to the notice of suspension and satisfies
the amounts owed as a result of the default judgment, the Bureau or
court shall provide prompt, timely notice to the Department of Motor
Vehicles that such notices have been answered. Such notice shall be
in accordance with procedures established by the Department of Motor
Vehicles.
(a)
FISCAL YEAR
LESSEE
LESSOR
NOTICE OF VIOLATION
OPERATOR
OWNER
(1)
(2)
(3)
(4)
(5)
PRIMARY FILING
VEHICLE
Definitions. Whenever used in this article, the following terms
shall have the following meanings:
A period of one-year commencing on the first day of July
and terminating on the 30th day of June.
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.
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 said lessee or bailee has the exclusive use of said vehicle
for any period of time.
A notice of violation as defined in § 237(9) of
the State of New York Vehicle and Traffic Law.
Any person, corporation, firm, partnership, agency, association
or organization or lessee that uses or operated a vehicle with or
without the permission of the owner, and an owner who operates his
own vehicle.
Any person, corporation, partnership, firm, agency, association,
lessor, or organization who at the time of issuance of a notice of
violation in any city in which the vehicle is operated:
Is the beneficial or equitable owner of such vehicle; or
Has title to such vehicle; or
Is the registrant or co-registrant of such vehicle which is
registered with the Department of Motor Vehicles of this state or
any other state, territory, district, province, nation or other jurisdiction;
or
Uses such vehicle in its vehicle renting and/or leasing business;
or
Is an owner of such vehicle as defined by § 128 of
the New York State Vehicle and Traffic Law or § 2100(a)
of the New York State Vehicle and Traffic Law.
The initial filing of registration plate numbers by a lessor
prior to the commencement of each fiscal year.
A vehicle as defined in § 159 of the New York State
Vehicle and Traffic Law.
(b)
Liability.
(1)
The operator of a vehicle shall be liable for the fines or penalties
imposed pursuant to this article. Except as otherwise provided in
Subsection (b)(2) and (5) of this section, the owner 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, express or implied, but in such case
the owner may recover any fine or penalties paid by him from the operator.
(2)
The lessor of a motor vehicle shall not be liable for fines
or penalties imposed pursuant to this article if:
a.
Prior to the infraction, the lessor has filed with the Bureau
the registration plate number, plate type, and place of registration
of the vehicle to which the notice of violation was issued and paid
the required filing fee provided in Subsection (b)(6) of this section;
and
b.
Within 37 days after receiving notice from the Bureau of the
date and time of the violation, together with the other information
contained in the original notice of violation, the lessor submits
to the Bureau the correct name and address of the lessee 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 other contract document as may be reasonably required by
the Bureau pursuant to regulations that may be promulgated for such
purpose.
(3)
If the lessor has complied with Subsection (b)(2)a of this section,
such lessor shall not be liable for any penalties in excess of the
scheduled fine unless such lessor fails to appear within 37 days of
the actual receipt of a notice of violation pursuant to Subsection
(b)(5) of this section.
(4)
If the lessor who has complied with Subsection (b)(2)a of this
section collects from the operator or lessee the amount of the scheduled
fine and penalty owed by such person, or any portion thereof, the
lessor shall be entitled to reimbursement from the Bureau of the amount
of the fine and penalty paid by the lessor, less the Bureau's costs
of collection.
(5)
The lessor 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 the issuance of notice of violation, unless the lessor shall receive
notice from the Bureau 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 Section 1-16.2-2 of this article.
(6)
The annual fee for filing a registration plate number with the
Bureau by lessors under this section shall be $12 per fiscal year.
Lessors shall also provide the Bureau with such other additional information
in such form as the Bureau, by regulation, may reasonably require.
The registration plate number shall not be considered filed with the
Bureau unless the annual filing fee provided for in this subsection
shall have been paid. Lessors 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 files with the Bureau registration plate numbers
during the fiscal year, the annual filing fee for same shall be prorated
on a monthly basis, in accordance with a schedule that the Bureau
shall promulgate by regulation for such purpose. The primary filing
by each lessor for each fiscal year shall be made at least 30 days
prior to the commencement of the fiscal year.
(7)
Where the United States postal authorities return to the Bureau
a delinquency notice forwarded by the Bureau to a name and address
of lessee furnished by a lessor 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. The lessor may however,
conclusively rebut such presumption if within 60 days after receiving
notification from the Bureau of such returned mail notice, the lessor
shall provide to the Bureau a copy of the rental agreement or lease
agreement for such lessee containing the name and address previously
furnished to the Bureau. In the event that a lessor shall fail to
rebut the presumption established by this subsection, the lessor shall
be liable for the fines imposed pursuant to this article and in accordance
with the rules and regulation promulgated by the Bureau.
(8)
The Bureau shall by rules and regulations prescribe the manner
and method of giving notice of outstanding violations to the lessees,
except that notices of impending default judgment shall be forwarded
by first class mail, in accordance with § 249 of the New
York State Vehicle and Traffic Law. All notices to lessors under this
section shall be by first class mail to the address on file with the
Bureau or by such other means as shall be provided for in the rules
and regulation of the Bureau.
(9)
A lessor shall cooperate with the Bureau in the enforcement
of judgments rendered against lessees or providing the Bureau or its
designated agents with such other additional information as shall
be contained in such lessor's rental or lease agreements with their
lessees as shall be available to them.
The Common Council shall designate the fines to be paid for
all parking violations which may be satisfied at the Parking Violations
Bureau as provided in this article, provided that these fines are
within the limits established as penalties for violations of traffic
laws, ordinances, rules and regulations.
The Commissioner of the Parking Violations Bureau is authorized
to accept payment of fines, penalties, surcharges, and any other charges
instituted by state law or the traffic code of the City of Utica.
