N.Y. VAT. LAW § 236 : NY Code - Section 236: Creation, personnel

Search N.Y. VAT. LAW § 236 : NY Code - Section 236: Creation, personnel

* 1. Creation. In any city as hereinbefore
  or hereafter authorized such tribunal when created shall be known as the
  parking  violations  bureau  and  shall  have  jurisdiction  of  traffic
  infractions which constitute a parking violation and,  where  authorized
  by  local  law  adopted  pursuant  to  subdivision (a) of section eleven
  hundred eleven-a of this chapter or subdivision (a)  of  section  eleven
  hundred  eleven-b  of  this  chapter  as added by section sixteen of the
  chapter of the laws of two thousand nine which amended this subdivision,
  shall adjudicate the liability of owners for violations  of  subdivision
  (d)  of section eleven hundred eleven of this chapter in accordance with
  such section eleven hundred eleven-a  or  such  section  eleven  hundred
  eleven-b  as  added by section sixteen of the chapter of the laws of two
  thousand nine which amended this subdivision and  shall  adjudicate  the
  liability  of  owners  for  violations of toll collection regulations as
  defined in and in accordance with the provisions of section two thousand
  nine hundred eighty-five of the  public  authorities  law  and  sections
  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
  of  the  laws of nineteen hundred fifty. Such tribunal, except in a city
  with a population of one million or more, shall also  have  jurisdiction
  of  abandoned  vehicle  violations.  For the purposes of this article, a
  parking violation is the  violation  of  any  law,  rule  or  regulation
  providing  for  or  regulating  the  parking,  stopping or standing of a
  vehicle. In addition for purposes of this article, "commissioner"  shall
  mean  and include the commissioner of traffic of the city or an official
  possessing authority as such a commissioner.
    * NB Effective until December 1, 2014
    * 1. Creation. In any city as  hereinbefore  or  hereafter  authorized
  such  tribunal  when  created  shall  be known as the parking violations
  bureau  and  shall  have  jurisdiction  of  traffic  infractions   which
  constitute  a  parking  violation  and,  where  authorized  by local law
  adopted pursuant to subdivision (a) of section eleven  hundred  eleven-b
  of  this  chapter as added by section sixteen of the chapter of the laws
  of two thousand nine which amended this  subdivision,  shall  adjudicate
  the  liability  of  owners  for violations of subdivision (d) of section
  eleven hundred eleven of this chapter in accordance  with  such  section
  eleven  hundred  eleven-b  as added by section sixteen of the chapter of
  the laws of two thousand nine which amended this  subdivision.  For  the
  purposes  of  this  article, a parking violation is the violation of any
  law, rule  or  regulation  providing  for  or  regulating  the  parking,
  stopping  or  standing  of  a  vehicle. In addition for purposes of this
  article, "commissioner" shall  mean  and  include  the  commissioner  of
  traffic  of  the  city  or  an  official  possessing authority as such a
  commissioner.
    * NB Effective and Expires December 1, 2014
    * 1. Creation. In any city as  hereinbefore  or  hereafter  authorized
  such  tribunal  when  created  shall  be known as the parking violations
  bureau  and  shall  have  jurisdiction  of  traffic  infractions   which
  constitute  a  parking  violation.  For  the purposes of this article, a
  parking violation is the  violation  of  any  law,  rule  or  regulation
  providing  for  or  regulating  the  parking,  stopping or standing of a
  vehicle. In addition for purposes of this article, "commissioner"  shall
  mean  and include the commissioner of traffic of the city or an official
  possessing authority as such a commissioner.
    * NB Effective December 1, 2014
    2. Personnel. a. The head of such bureau shall be  the  director,  who
  shall  be  appointed  by  the commissioner. The director may exercise or
  delegate any of the functions, powers and duties conferred upon  him  or

  the  bureau  by the commissioner to any qualified officer or employee of
  the bureau.
    b.  The commissioner may appoint such number of deputy directors as he
  shall deem necessary, but in no event to exceed four and may employ such
  officers and employees as may be required to perform  the  work  of  the
  bureau, within the amounts available therefor by appropriation.
    c. The commissioner shall appoint supervising hearing examiners not to
  exceed  six in number and senior hearing examiners, not to exceed six in
  number. Every supervising hearing examiner shall have been  admitted  to
  the  practice  of  law  in  the state for at least seven years and every
  senior hearing examiner for at least  six  years.  The  duties  of  each
  supervising  hearing examiner and senior hearing examiner shall include,
  but not be limited to: (1) presiding at hearings for the adjudication of
  charges of parking violations; (2) the supervision and administration of
  the work of the bureau; and (3) membership on the appeals board  of  the
  bureau, as herein provided.
    d.  The commissioner shall appoint hearing examiners who shall preside
  at hearings for the  adjudication  of  charges  of  parking  violations.
  Hearing  examiners shall be appointed and shall serve for such number of
  sessions as may be determined by  the  commissioner  and  shall  receive
  therefor,  such  remuneration  as  may  be fixed. Such hearing examiners
  shall  not  be  considered  employees  of  the   city   in   which   the
  administrative  tribunal  has  been  established. Every hearing examiner
  shall have been admitted to the practice of law  in  this  state  for  a
  period  of  at least five years, except in cities having a population of
  one million or more persons where they shall have been admitted to  such
  practice  for  a period of at least three years. Hearing examiners 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  in  which  the  city  is  located  or,  the
  association of the bar of that city.
    2-a.  Notwithstanding  any  other  provision  of law, in cities with a
  population of one million or  more,  for  purposes  of  this  article  a
  parking  violation  shall  include a violation of section eleven hundred
  seventy-five of this chapter, provided that notice to  the  operator  of
  the vehicle is provided in like manner as any other violation under this
  article.
    3.  Notwithstanding any inconsistent provision of any general, special
  or local law to the contrary, the city of Rochester may provide by local
  law for the administrative adjudication in the parking violations bureau
  of the  city  of  Rochester  of  violations  of  article  seven  of  the
  agriculture  and  markets  law  or of any local law or ordinance adopted
  pursuant thereto relating to the licensing, identification  and  control
  of  dogs.  Such  violations  shall  be  heard and determined in the same
  manner as charges of parking violations and a person  charged  with  any
  such  violation  shall  have all the rights to a hearing, administrative
  adjudication and judicial review which a person charged with  a  parking
  violation  has.  The  parking  violations  bureau  shall  have  all  the
  functions, powers and duties with respect  to  such  violations  as  are
  granted  with  respect  to  parking violations. Such violations shall be
  punishable by a civil penalty which shall not exceed the amounts set out
  in article  seven  of  the  agriculture  and  markets  law.  All  moneys
  collected shall be the property of the city of Rochester.
    4.  Notwithstanding any inconsistent provision of any general, special
  or local law to the contrary, the city of Buffalo may provide  by  local
  law for the administrative adjudication in the parking violations bureau
  of  the  city of Buffalo of violations of the city's ordinances relating
  to the maintenance and utilization of streets and sidewalks in the  city

  of  Buffalo.  Such  violations shall be heard and determined in the same
  manner as charges of parking violations and a person  charged  with  any
  such  violation  shall  have all the rights to a hearing, administrative
  adjudication  and  judicial review which a person charged with a parking
  violation  has.  The  parking  violations  bureau  shall  have  all  the
  functions,  powers  and  duties  with  respect to such violations as are
  granted with respect to parking violations.  Such  violations  shall  be
  punishable  by  a  civil  penalty.  All  moneys  collected  shall be the
  property of the city of Buffalo.
    5. Release of an illegally parked vehicle.  a.  A  parking  violations
  bureau  of  a  city with a population of one million or more persons may
  impose vehicle release penalties in accordance with  the  provisions  of
  paragraph  b  of  this  subdivision,  provided  that the commissioner of
  transportation of such city has established a procedure for  the  towing
  and  impoundment of illegally parked vehicles which permits the release,
  at the site of the underlying parking violation, of an illegally  parked
  vehicle  which  has been hooked to a tow truck in preparation for towing
  from such site if:
    (1) the owner or other person lawfully entitled to the  possession  of
  such vehicle appears and requests the release of such vehicle before the
  tow truck is in motion,
    (2) such owner or other person has a current valid driver's license,
    (3)  such owner or other person presents either a registration card or
  title for the vehicle, and
    (4) such owner or other person consents, in writing, to the imposition
  of a vehicle release penalty for the  underlying  parking  violation  in
  accordance with paragraph b of this subdivision.
    b.  Where  a  vehicle  that is illegally parked is released from a tow
  truck  under  the  circumstances  described  in  paragraph  a  of   this
  subdivision,  a  vehicle  release  penalty, in an amount which shall not
  exceed one-half of the fee charged by the department  of  transportation
  of  such  city for the towing of illegally parked vehicles shall, upon a
  plea of guilty, a final determination sustaining  the  charges  or  upon
  default,  be  added to the amount of fines and penalties imposed for the
  underlying parking violation.  The  provisions  of  subdivision  two  of
  section  two  hundred thirty-seven of this article that limit the amount
  of monetary penalties which may be imposed for a parking violation shall
  not apply to such vehicle release penalty. In no event shall  a  vehicle
  release   penalty  be  imposed  pursuant  to  this  subdivision  if  the
  underlying parking violation is dismissed. The parking violations bureau
  of such city may prescribe penalties for  non-payment  of  such  vehicle
  release  penalty  which  shall  be  consistent  with section two hundred
  thirty-five of this article.