[Adopted 11-13-2018,
effective 11-13-2018]
The Common Council of the City of Buffalo believes that the
City's mobile bail bonds companies provide a necessary service to
the community. Bail bonds allow for the effective functioning of the
criminal justice system by providing equal opportunities for bail
to persons charged with a crime, in an attempt to prevent one's freedom
from being tied to his or her economic status. The Common Council
recognizes the need to provide a permanent location for mobile bail
bonds vehicles servicing nearby courts. Owners of such businesses
would be provided a permanent location to conduct business in the
form of designated parking area that will allow for the owner of such
mobile businesses to park in said designated areas with a permit from
the City of Buffalo Department of Parking.
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm or corporation in any court having criminal
jurisdiction or in any criminal action or proceeding who shall, for
another, deposit money or property as bail or execute as surety any
bail bond, who shall have made such a deposit or given such bail in
more than two cases not arising out of the same transaction, shall
be deemed to be conducting a bail and insurance business.
All bail bonds vehicles having received a valid parking permit
form the City shall be given the authority to park an MBBV during
the weekday business hours on the Northern side of Perkins Avenue,
starting from the corner of Perkins Drive and Delaware Avenue, to
a point approximately 140 feet west towards South Elmwood Avenue,
as precisely determined by the Commissioner of Parking.
A motorized vehicle used by a licensed bail bondsman from
which the service of providing surety and bail bonds for individuals
or multiple persons is conducted from within the vehicle.
A.
It shall be unlawful for any person to operate a MBBV within the
public rights-of-way without first having obtained a valid bail bonds
parking permit as prescribed in this article. Operation of an MBBV
within the public right-of-way shall continue to be regulated and
prohibited in accordance with all applicable provisions of the City
Code.
B.
There shall be no more than three bail bonds vehicle parking permits
issued per bail bonds company.
C.
Except as specifically permitted in the definition of "designated parking for mobile bail bonds vehicles" in § 316-59, it shall be unlawful for an MBBV to park, stand, or operate in a location which is adjacent to or within a 100-foot radius of the nearest edge of any building or section of a building housing a licensed bail bonds establishment, and at no time should an MBBV be placed at an angle to the curb while standing or parking in an authorized area.
D.
Each and every MBBV must at all times carry on the vehicle a "measuring wheel" with a measuring capacity of no less than 200 feet as a condition of its parking permit. The failure of any MBBV to carry such a "measuring wheel" or abide by the proximity distance restrictions included in this article shall constitute a violation of this article pursuant to § 316-66 of this Code.
E.
All MBBVs must abide by all parking and vehicle and traffic laws,
ordinances, rules and regulations at all times. No MBBV shall be of
such a length that it occupies all or a portion of two vehicle parking
spaces.
F.
The mobile bail bonds parking permit shall be evidenced by a sticker
issued by the City and prominently displayed on the vehicle. All signage
must be permanently affixed to the MBBV. No accessory signage shall
be placed outside or around the MBBV.
A.
At no time shall an MBBV be parked during work hours on a weekday
in an MBBV designated parking area without the City of Buffalo authorized
parking sticker.
B.
The Commissioner of Parking shall adopt rules and regulations establishing
the dimensions and location for MBBV parking areas in the City's right-of-way,
along with specifications as to number of vehicles that would be permitted
to park in the designated area and under what circumstances.
C.
Pursuant to the authority conferred upon the City of Buffalo by the
provisions of § 1640(a)14 of the Vehicle and Traffic Law
of the State of New York, whenever an MBBV is parked or abandoned
on the public streets of the City of Buffalo or is found unattended,
where it constitutes an obstruction to traffic or where any such motor
vehicle has been parked or abandoned in any place where stopping,
standing or parking is prohibited, any police officer or parking enforcement
officer of the City of Buffalo is hereby authorized to cause such
vehicle to be removed and conveyed by or under the direction of a
member of the Department of Parking, by means of towing the same,
or otherwise, to a vehicle pound or location designated by the Commissioner
of Parking. Such towing shall be at the risk and expense of the owner
of such vehicle, and the City of Buffalo shall assume no responsibility
for the same.
A.
Any person desiring to operate and park an MBBV in the City of Buffalo
shall make a written application for a parking permit to the Department
of Parking. The application for such parking permit shall be on forms
provided by the Commissioner of Parking or his designee and shall
include the following:
(1)
Name, signature and address of each applicant, agent, or corporate
officer of the bail bonds company.
(2)
A valid copy of all necessary licenses, permits or certificates required
by the County of Erie, the State of New York and/or any subsidiary
enforcement agencies or departments thereof, including, but not limited
to, a valid New York State Department of Motor Vehicles registration
and certificate of inspection and valid driver's licenses for all
vehicle operators.
(3)
A license issued pursuant to the provisions of this section shall
be invalid at any time the insurance required herein is not maintained
and evidence of continuing coverage is not filed with the City of
Buffalo Department of Parking.
(4)
All license applicants shall submit to a Buffalo Police Department
background check into the moral character of the applicant for convictions
related to the proposed activity and/or traffic violations that would
indicate that he or she is not a suitable permit holder. A permit
application may be refused by the Commissioner of Parking or his designee
if, in his or her discretion, prior bad acts by the applicant demonstrate
an unwillingness to obey the City of Buffalo Traffic Code and/or the
New York State vehicle and traffic laws.
(5)
The initial parking permits shall be subject to approval by the Common
Council of the City of Buffalo, and all future renewals shall be subject
to review and renewal by the Department of Parking.
Every MBBV parking permit shall contain the following conditions:
A.
Each MBBV parking permit shall expire on November 1 of every year.
B.
The parking permit shall not be transferable without the written
approval of the Commissioner of Parking.
C.
The permit is valid for one vehicle only and may not be used on personal
vehicles not being used as an MBBV.
D.
There shall be issued to each vendor a suitable decal that shall
be permanently and prominently affixed to the vehicle.
A.
The owner/operator of any MBBV licensed by the City of Buffalo shall
comply with all provisions of federal, state and local laws and ordinances.
B.
The owner/operator of any MBBV licensed by the City of Buffalo shall
comply with all notices, orders, decisions and rules and regulations
made by the Department of Permit and Inspection Services, the Department
of Parking, the Buffalo Police Department or any other City of Buffalo
department and/or agency having regulatory authority over mobile bail
bonds services.
C.
Any person, firm, corporation or other entity violating the provisions
of this article may be liable for penalties as prescribed below and
elsewhere in this Code and may be subject to an immediate revocation
of the parking permit by the Commissioner of Parking, pending an administrative
hearing, which will be scheduled within 60 days of said immediate
revocation. The permit holder shall not have the right to park the
MBBV in the designated parking area between the time of the alleged
violation or the hearing and the final determination regarding the
same.
A.
For violations solely of the provisions of this article, the following
fine schedule shall apply:
(1)
First offense: violation of not displaying the required decal for
parking permit, fine of $200 after a finding or plea of guilty before
the City of Buffalo Parking Violations Bureau.
(a)
For all future related violations, fines may be determined by
a qualified hearing officer but shall not exceed $500.
(2)
First offense: violation of parking restrictions as prescribed by
this article, fine of $200 after a finding or plea of guilty before
the City of Buffalo Parking Violations Bureau.
(a)
For all future related violations, fines may be determined by
a qualified hearing officer but shall not exceed $500.
(3)
First offense: violation of the 100-foot restriction from the nearest edge of any building in which a licensed bail bonds establishment is located, except as specifically authorized by the definition of "designated parking for mobile bail bonds vehicles" in § 316-59, fine of $200 after a finding or plea of guilty before the City of Buffalo Parking Violations Bureau.
(a)
For all future related violations, fines may be determined by
a qualified hearing officer but shall not exceed $500.
A.
On or before the first day of October of each year, the Commissioner
of Parking shall forward a list of parking permits issued pursuant
to this article, which shall expire on the first day of November of
each year.
B.
All new applications and the renewals therefor shall be referred
to the Department of Police for its investigation regarding the moral
character of the applicant and an incident history of the MBBV, with
a recommendation for approval or disapproval of the application. All
recommendations for disapproval must state the reason for such disapproval
in writing and be forwarded to the appropriate departments or committees.
C.
All new applications and renewals therefor subject to this article
shall require Common Council approval. Any parking permit granted
under this article may be suspended, revoked or renewal thereof refused
by the Common Council, after notice and hearing.
D.
In the case that the Commissioner of Parking determines that sufficient
evidence exists to deny the renewal of a parking permit, the Commissioner
shall provide the permit holder and the Common Council with notice
and an opportunity to be heard regarding the renewal of his or her
parking permit and shall also forward a copy of said correspondence
to the Common Council for its information.
E.
If the Commissioner of Parking recommends denial of the renewal of
a parking permit after a hearing, he shall notify the Common Council
of said recommendation in writing forthwith.
F.
After review and an opportunity to be heard before the Common Council,
the Common Council may accept the recommendation, modify or reject
the recommendation and/or approve the parking permit renewal application.
Any MBBV utilizing a bail bonds parking permit and parking in
the designated area without the required City or state licenses shall
immediately have his/her parking permit revoked by the Commissioner
of Parking. Every day of operation without a license shall constitute
a separate violation and shall be punishable by a fine not to exceed
$500 per violation.
