2006 New York Code - Booting Of Improperly Parked Motor Vehicles.

 
    §   19-169.2   Booting   of   improperly  parked  motor  vehicles.  a.
  Definitions.   For the purposes of this  section,  the  following  terms
  shall have the following meanings:
    1. "Boot" or "booting" shall mean the act of placing on a parked motor
  vehicle a mechanical device that is designed to be attached to the wheel
  or tire or other part of such vehicle so as to prohibit its usual manner
  of movement;
    2.  "Person"  shall  mean  any  individual,  partnership, corporation,
  association, firm or other business entity; and
    3. "Private street" shall mean every way or place in private ownership
  that is used for vehicular travel by the owner and those having  express
  or implied permission of the owner or that may be used by the public for
  vehicular travel.
    b.  Except  as  provided  in paragraph two of subdivision a of section
  20-531 of this code, no person  shall  engage  in  booting  unless  such
  person  is  licensed  by  the department of consumer affairs pursuant to
  subchapter 32 of chapter 2 of title  20  of  this  code  and  any  rules
  promulgated pursuant thereto.
    c.  1.  No  motor  vehicle may be booted unless a sufficient number of
  signs is conspicuously  posted  and  maintained  by  the  owner  of  the
  property  in  the  form,  manner  and location prescribed by rule of the
  commissioner of consumer affairs and this subdivision. Such signs  shall
  contain  such  information as the commissioner of consumer affairs shall
  prescribe  in  such  rule  including,  but  not  limited  to,  the  word
  "warning,"  the  name,  business  address, business telephone number and
  license number of the person authorized by the property  owner  to  boot
  the  vehicle,  the  hours during which and the circumstances under which
  vehicles are prohibited from parking on such property and are subject to
  booting or towing, if applicable, the fees to be charged for booting and
  the telephone number of the office within  the  department  of  consumer
  affairs responsible for receiving complaints regarding booting. The word
  "warning"  on  such  signs shall be in letters not less than five inches
  high and shall be in the color red  and  the  lettering  on  such  signs
  stating  the  hours  during  which  and  the  circumstances  under which
  vehicles are prohibited from parking on such property and are subject to
  booting shall be not less than two inches high. The  lettering  on  such
  signs  which  provides  the  name,  business address, business telephone
  number, and license number of the person authorized to boot the vehicle,
  the fees to be charged  for  booting  and  the  department  of  consumer
  affairs telephone complaint number, shall be not less than three-fourths
  of an inch high.
    2.  Notwithstanding  paragraph one of this subdivision, the provisions
  of this subdivision shall be satisfied with respect to a private  street
  if (i) a sign containing the information required by this subdivision is
  posted  and maintained by the owner of such private street at each place
  where such private street intersects a public street and such signs  are
  situated  in  such a manner as to be readily visible and readable by the
  operator of a motor vehicle traveling from a  public  street  onto  such
  private  street, and (ii) there are also a sufficient number of signs on
  every other private street that is in the same  ownership  stating  that
  vehicles  parked on such street without the permission of such owner may
  be booted and containing the business telephone  number  of  the  person
  authorized  by  the  owner  to boot the vehicle, which signs are readily
  visible and readable by an operator of a motor vehicle traveling on such
  street.
    3. No charge for the release of a vehicle  that  has  been  booted  in
  excess  of  that  which  is  contained  in  the  signs  required by this
  subdivision may be imposed.


    4. No motor vehicle shall be  booted  by  a  person  licensed  by  the
  department  of  consumer  affairs  pursuant  to subchapter thirty-two of
  chapter two of title twenty  of  this  code  and  any  rule  promulgated
  pursuant  thereto  unless such licensee has been authorized to boot such
  motor  vehicle  pursuant to a written contract between such licensee and
  the owner, lessee, managing agent or other  person  in  control  of  the
  property on which such motor vehicle is parked. Such contract shall also
  provide  that  such  owner,  lessee,  managing  agent or other person in
  control of the property shall  be  liable  for  any  violation  by  such
  licensee  or  his or her employees or agents of any of the provisions of
  this section or of subchapter thirty-two of chapter two of title  twenty
  of  this  code  or  of any rules promulgated pursuant to this section or
  such subchapter.
    5. An owner, lessee, managing agent or  other  person  in  control  of
  property  who has entered into a written contract with a person licensed
  by the department of consumer affairs pursuant to subchapter  thirty-two
  of chapter two of title twenty of this code authorizing such licensee to
  boot  motor  vehicles  parked  on  such property shall be liable for any
  violation by such licensee or such licensee's employees or agents of the
  provisions of this section, of subchapter thirty-two of chapter  two  of
  title  twenty  of this code or of any rules promulgated pursuant to this
  section or such subchapter.
    6. Paragraphs four and five of this subdivision shall not apply to the
  booting of motor vehicles on a private street.
    d. In addition to the provisions of subdivision c of this section,  no
  motor  vehicle  may  be  booted  (1)  unless  such vehicle is unlawfully
  parked; (2) where such vehicle is occupied by any person or live animal;
  (3) when such vehicle is  parked  on  the  roadway  side  of  a  vehicle
  stopped,  standing  or  parked  at  the  curb; (4) where such vehicle is
  parked in a fire lane, or in front of or immediately adjacent to a  fire
  hydrant,  fire  connection  or  building  emergency exit; (5) unless the
  express written authorization of the owner of a private driveway blocked
  by such vehicle has been  obtained,  which  authorization  includes  the
  location,  make,  model, color and license plate number of such vehicle;
  (6) if such vehicle is an ambulance, correction vehicle, police vehicle,
  fire vehicle,  civil  defense  emergency  vehicle,  emergency  ambulance
  service  vehicle,  environmental  emergency response vehicle, sanitation
  patrol vehicle, hazardous materials emergency vehicle, ordnance disposal
  vehicle of the armed forces of the United States;  and  (7)  where  such
  vehicle  bears a special vehicle identification parking permit issued in
  accordance with the provisions of  paragraph  15  of  subdivision  a  of
  section  2903  of the New York city charter or issued in accordance with
  the provisions of section 1203-a of the vehicle and traffic law, or "MD"
  New York registration plates.
    e. Immediately after a vehicle is  booted,  the  person  booting  such
  vehicle,  the owner of the property where such vehicle was booted, or an
  employee or agent of such person or owner, shall affix at the  rear-most
  portion  of  the  window adjacent to the driver's seat of such vehicle a
  sticker measuring eight and one-half inches by eleven inches  containing
  a  warning  that any attempt to move the vehicle may result in damage to
  the vehicle, and stating the time the vehicle was booted and  the  name,
  business  address  and  the license number of the person who booted such
  vehicle as well as a business telephone number which will facilitate the
  dispatch of personnel responsible for removing the boot.
    f. No release or waiver of any  kind  purporting  to  limit  or  avoid
  liability  for damages to a vehicle that has been booted shall be valid.
  In addition, any person who booted a vehicle, or other person authorized
  to accept payment of any charges  for  such  booting,  shall  provide  a


  signed  receipt to the individual paying the booting charges at the time
  such charges are paid. Such  receipt  shall  state  the  name,  business
  address,  business telephone number and license number of the person who
  has  booted  such  vehicle as such information appears on the license to
  engage in booting, and such  receipt  shall  also  include  a  telephone
  number  for  the  office  within  the  department  of  consumer  affairs
  responsible for receiving complaints with respect to booting.
    g. No charge shall be imposed for the booting of a  vehicle  when  any
  person  has committed a violation of this section, subchapter thirty-two
  of chapter two of title twenty of this code  or  any  rules  promulgated
  pursuant  to  this  section  or  such  subchapter  with  respect to such
  vehicle, and any such unlawful charge shall be reimbursed by any  person
  liable for a violation of this section.
    h.  Any  person  who  has  booted  a  motor vehicle shall release such
  vehicle within thirty minutes of receiving a request for such  vehicle's
  release;  provided,  however,  that payment of any charge for booting is
  made at or prior to the time of such vehicle's  release.  The  owner  or
  person  in  control  of a vehicle which has been booted by a licensee or
  such licensee's employee or agent shall be permitted to pay  any  charge
  for  booting  at  the  location  where  such  vehicle was booted and the
  licensee, or other person authorized to  accept  payment,  shall  accept
  such  payment  in  person  by  credit  card in accordance with generally
  accepted business practices.
    i. Any person who violates any provision of this section or  any  rule
  promulgated  pursuant thereto shall be liable for a civil penalty of not
  less than five hundred nor more than one thousand dollars.
    j. Authorized employees  of  the  department,  or  the  department  of
  consumer affairs, or any police officer, shall have the power to enforce
  the  provisions  of  this  section  and  any  rules promulgated pursuant
  thereto and the department of consumer affairs shall  be  authorized  to
  impose the civil penalties provided for in this section, may arrange for
  the redress of any injuries caused by violations of this section and may
  otherwise  provide  for  compliance  with the provisions and purposes of
  this section.
    k. The commissioner of consumer affairs is  authorized  to  promulgate
  such  rules  as  the  commissioner  deems  necessary  to  effectuate the
  provisions of this section.
    l. The provisions of this section shall not apply to the booting of  a
  motor vehicle by:
    1.  The  city, any other governmental entity, or a person acting under
  the direction of the  city  or  such  governmental  entity,  where  such
  booting  is  authorized  by  any  other  provision of law or any rule or
  regulation promulgated pursuant thereto; or
    2. Any person who has a lien pursuant to section 184 of the  lien  law
  and who detains such motor vehicle in his or her lawful possession.