[HISTORY: Adopted by the Common Council of the City of Peekskill 3-14-1994 by L.L. No. 2-1994 (Ch. 225 of the 1984 Code). Amendments noted where applicable.]
Pursuant to § C86a of the Charter of the City of Peekskill, there is hereby created an administrative agency to be known as the "Parking Violations Bureau" to have jurisdiction over traffic infractions which constitute a parking violation as herein defined. The Bureau shall have exclusive jurisdiction over all parking violations with all the functions, powers and duties as herein stated.
Terms and words used in this chapter shall have the following meaning and effect:
BUREAU
The Parking Violations Bureau of the City of Peekskill.
CHIEF EXECUTIVE OFFICER
The City Manager of the City of Peekskill.
COMMISSIONER
The Commissioner of the Department of Finance of the City of Peekskill
DIRECTOR
The Director of the Parking Violations Bureau of the City of Peekskill.
FISCAL YEAR
A period of one year commencing on the first day of January and terminating on the thirty-first day of December.
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 chapter.
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
Any person, corporation, partnership, firm, agency, association, lessor or organization who at the time of the issuance of a notice of violation:
A. 
Is the beneficial or equitable owner of such vehicle;
B. 
Has title to such vehicle;
C. 
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;
D. 
Uses such vehicle in its vehicle renting and/or leasing business; or
E. 
Is an owner of such vehicle as defined by § 128 or Subdivision (g) of § 2101 of the New York Vehicle and Traffic Law.
PARKING VIOLATION
The violation of any law, rule, regulation or ordinance providing for or regulating the parking, stopping or standing of a vehicle on or along the streets of the City of Peekskill, including but not limited to at parking spaces controlled by meters, on private property as authorized by law or within a parking garage or other project operated by the City of Peekskill or any other public corporation or body.
PRIMARY FILING
The initial filing of registration plate numbers by a lessor prior to the commencement of each fiscal year.
RESPONDENT
Any owner or operator charged with a parking violation.
A. 
The head of the Bureau shall be the Director. The Director may exercise or delegate any of the functions, powers and duties conferred upon the Bureau or the Director to any qualified officer or employee of the Bureau.
B. 
The Chief Executive Officer may appoint such number of deputy directors as he shall deem necessary who shall serve at the pleasure of the Chief Executive Officer, but in no event to exceed two. The Bureau may employ such officers and employees as may be required to perform the work of the Bureau, within the amounts available therefor by appropriation of the Common Council.
A. 
The Chief Executive Officer shall appoint a Director, and the duties of the Director shall include but not be limited to:
(1) 
The supervision and administration of the work of the Bureau.
(2) 
Membership on the Appeals Board of the Bureau as provided hereinafter.
B. 
The Chief Executive Officer shall appoint hearing examiners who shall preside at hearings for the adjudication of charges of parking violations. Hearing examiners shall be appointed and shall serve for such number of sessions as may be determined by the Chief Executive Officer and shall receive therefor such remuneration as may be fixed by the Chief Executive Officer. Hearing examiners shall not be considered employees of the City, and every hearing examiner shall be a resident of the County of Westchester, County of Dutchess, County of Putnam, County of Orange or County of Rockland who shall have attained the age of 21 years prior to their appointment and possess such temperament as the Chief Executive Officer finds to be compatible to the duties of the office.
[Amended 11-27-2000; 10-23-2023 by L.L. No. 7-2023]
The Bureau shall have the following functions, powers and duties:
A. 
To accept all pleas to parking violations, to accept all payments accompanying a plea of guilty to any parking violation and to hear and determine charges of parking violations.
B. 
To provide for penalties other than imprisonment for parking violations in accordance with a schedule of monetary fines and penalties; provided, however, that monetary penalties shall not exceed $50 for each parking violation.
C. 
To adopt rules and regulations, not inconsistent with any applicable provision of law, to carry out the purposes of Article 2-B of the Vehicle and Traffic Law of the State of New York, including but not limited to rules and regulations prescribing the internal procedures and organization of the Bureau, the manner and time of entering pleas, the conduct of hearings and the amount and manner of payment of penalties.
D. 
To issue subpoenas to compel the attendance of persons to give testimony at hearings and to compel the production of relevant books, papers and other things.
E. 
To enter judgments and enforce them, without court proceedings, in the same manner as the enforcement of money judgments in civil actions in any court of competent jurisdiction or any other place provided for the entry of civil judgment within the State of New York.
F. 
To compile and maintain complete and accurate records relating to all charges and dispositions, to prepare complete and accurate transcripts of all hearings conducted by the Bureau and to furnish such transcripts to the respondent at the respondent's own expense upon timely request and compliance with the regulations of the Bureau.
G. 
To provide to the Commissioner on or before the 15th day of each month a statement of all monetary penalties or fees received by the Bureau 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 Bureau must also furnish within a reasonable period of time to the respondent, upon 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 within 60 days of such inquiry, forwarded to the Bureau 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 chapter, shall constitute notice of the parking violation charged.
A. 
Whenever a parking violation occurs, a notice of violation shall be issued and served pursuant to this section.
B. 
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 and 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 notice of violation shall direct that all payments accompanying a plea of guilty shall be made to the Parking Violations Bureau of the City of Peekskill. The form and wording of the notice of violation shall be prescribed by the Director.
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 Bureau, shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein. A copy of the notice of violation shall be sent to the Traffic Division by the person issuing the notice of violation.
D. 
Except as otherwise expressly provided by local law or ordinance of the City of Peekskill, notices of violation for parking violations shall be issued by:
(1) 
Police officers of the City of Peekskill anywhere in the City or civilian employees of the Department who are so authorized by the Chief Executive Officer.
(2) 
Sanitation Enforcement Officers.
(3) 
Any other employee of the City of Peekskill so authorized by the Chief Executive Officer.
E. 
A notice of violation shall state the date, time and location of the violation; the type of violation; the make, body type and color of the vehicle; the license plate number, type of license plate and registration expiration date; the meter number, if any; and the section number of 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 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 chapter, 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 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.
A. 
The operator of a vehicle shall be liable for the fines or penalties for parking violations. Except as otherwise provided in Subsections B and E 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.
B. 
The lessor of a motor vehicle shall not be liable for fines or penalties imposed pursuant to this chapter if:
(1) 
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 F of this section; and
(2) 
Within 37 days after receiving notice from the Bureau of the date and time of a 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.
C. 
If the lessor has complied with Subsection B(1) this section, the lessor shall not be liable for any penalties in excess of the scheduled fine unless the lessor fails to appear within 37 days of actual receipt of a notice of violation pursuant to Subsection E of this section.
D. 
If the lessor who has complied with Subsection B(1) of this section has paid any fine or penalty for which he is liable and the Bureau subsequently 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.
E. 
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 issuance of a notice of violation, unless the lessor receives 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 § 100-6.
F. 
The annual fee for filing a registration plate number with the Bureau by lessors under this section shall be $10 per fiscal year. Lessors shall also provide the Bureau with such other additional information in such format 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 a 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. 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.
G. 
Where the United States postal authorities return to the Bureau a delinquency notice forwarded by the Bureau to a name and address of a 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 the 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 all fines and penalties in accordance with the rules and regulations promulgated by the Bureau.
H. 
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 mail, in accordance with Subsection B of § 100-11. 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 regulations of the Bureau.
I. 
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.
If any owner 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, 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 be mailed to the Bureau.
A. 
A plea shall be entered within 14 days after the appearance date set in the notice of violation. A plea may be entered in person or by representative or by ordinary mail at the Bureau. Any plea entered by mail, if timely mailed, shall be accepted by the Bureau.
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 Bureau 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 Bureau for payment in full of the scheduled fine as listed under Part 290 of the Administrative Regulations of the City of Peekskill.
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.
A. 
Whenever a person charged with a parking violation enters a plea of not guilty, the Bureau shall notify the person in writing by first class mail of the date on which he 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.
B. 
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 to the person prior to the date of the hearing.
C. 
Every hearing for the adjudication of a charge of a parking violation shall be held before a hearing examiner in accordance with the rules and regulations of the Bureau. All hearings must be public. A respondent may be represented by legal counsel. The hearing examiner shall not be bound by the rules of evidence in the conduct of the hearing except rules relating to privileged communications. No charges may be established except upon proof by substantial evidence. All testimony shall be given under oath or affirmation.
D. 
A record shall be made of every hearing either by stenographic recordings or by mechanical or electronic methods as the Director shall determine. A transcript of such record shall be supplied to a respondent on application and the payment of a fee as provided in the rules of the Bureau and payment of the cost of such transcript.
E. 
The hearing examiner may, in his discretion or at the request of the respondent, on a showing of good cause and need thereof, issue a subpoena to compel the appearance at a hearing of the person who served the notice of violation or of other persons to give testimony, and he may issue a subpoena duces tecum to compel the production for examination or introduction into evidence of any book, paper or other thing relevant to the charges alleged.
F. 
In the case of a refusal to obey a subpoena, the Bureau may make application to the Supreme Court pursuant to § 2308 of the Civil Practice Law and Rules for an order requiring such appearance, testimony or production of evidence.
G. 
The Bureau may, with or without the respondent's request or consent, consolidate for hearing or appeal one or more charges pending against such respondent. An adjournment may be requested by the respondent up to 24 hours prior to the hearing, but not more than two adjournments shall be granted except under extraordinary circumstances.
A. 
The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. The hearing examiner shall not examine the prior violation record of a person charged before making a determination. Where the hearing examiner determines that the charges have been sustained, he 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 Bureau, 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 Peekskill 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 fails to appear on a designated hearing date or subsequent adjournment date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this chapter or by rule or regulation of the Bureau, such failure to plead, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount authorized by this chapter and the rules and regulations of the Bureau.
C. 
Prior to rendering a default judgment after a failure to plead, appear or comply, the Bureau shall notify the operator or owner in writing by first class mail:
(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 Peekskill, 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. A notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are nonresidents of the State of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea. 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.
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.
A. 
There shall be an Appeals Board within the Bureau, which shall consist of:
(1) 
The Director or his designee.
(2) 
The Corporation Counsel or his designee.
(3) 
The City Manager or his designee.
B. 
An appeal from a determination of any hearing officer after a hearing on a plea denying liability or from a determination denying a motion to reopen any matter shall be submitted to the Appeals Board, which shall have the power to review the facts and law and shall have power to reverse or modify any determination appealed from for error of fact or law. No appeal may be had where a plea of guilty or guilty with an explanation was entered by the respondent at the hearing.
C. 
A party aggrieved by an appealable final determination of a hearing examiner may obtain 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 a 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 mailing of the transcript to the appellant or his attorney. When the questions presented by an appeal can be determined without an examination 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 proved as are necessary to a decision of the questions.
D. 
Appeals shall be conducted in the presence of the appellant or his attorney, or both, if such right of appearance is expressly requested by the appellant in the notice of appeal and upon compliance with the regulations of the Bureau. 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 appeal hearing. 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.
E. 
The service of a notice of appeal shall not stay the enforcement of a judgment unless the appellant has posted cash security in the amount of the underlying judgment appealed from, at the time of or before the service of the notice of appeal, unless the enforcement of the judgment has been stayed by the Appeals Board.
[Amended 5-13-2002 by L.L. No. 1-2002]
F. 
The order of the Appeals Board shall be the final determination of the Bureau. Judicial review may be sought pursuant to Article 78 of the Civil Practice Law and Rules.
A. 
In the event a respondent shall have failed to comply with the provisions of this chapter in that he has failed to pay final determinations, 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 Bureau shall certify such fact to the Commissioner of Motor Vehicles of the State of New York, and upon such certification, the Bureau shall notify the respondent by mail that such certification has been made and identifying the judgments or final determinations covered. The notification shall further inform the respondent that the Commissioner of Motor Vehicles will deny any registration or renewal of registration of the respondent's vehicle until proof is provided that the respondent has complied with 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 Bureau shall issue a certificate attesting to the fact that this chapter has been complied with, and such certificate shall be delivered to the Commissioner of Motor Vehicles. The respondent shall pay to the Bureau a fee of $10 for such certificate.