2006 New York Code - Jurisdiction.

 
    * § 235. Jurisdiction.  1.  Notwithstanding any inconsistent provision
  of any general, special or local  law  or  administrative  code  to  the
  contrary,  in  any  city  which heretofore or hereafter is authorized to
  establish an administrative tribunal to hear and determine complaints of
  traffic  infractions  constituting   parking,   standing   or   stopping
  violations,  or  to adjudicate the liability of owners for violations of
  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
  accordance  with  section eleven hundred eleven-a of this chapter, or to
  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  and  the  rules  and  regulations  pertaining thereto shall be
  constituted in substantial conformance with the following sections.
    2. Notwithstanding any inconsistent provision of any general,  special
  or  local  law  or  administrative code to the contrary, any city with a
  population in excess of one hundred thousand persons  according  to  the
  nineteen  hundred eighty United States census hereinafter referred to as
  a city shall provide notice of parking violations and of the  imposition
  of additional penalties whenever the person who is liable therefor fails
  to  respond to the parking ticket in the manner designated thereon. Such
  notice  shall  be  in  substantial  conformance   with   the   following
  provisions:
    a.  Notice.  (1)  Whenever  a  city issues a notice of violation for a
  parking violation, it shall  be  served  in  the  manner  prescribed  by
  subdivision two of section two hundred thirty-eight of this article.
    (2)  Whenever  a  person  has  been issued a notice of violation for a
  parking violation and has not responded in the manner described  in  the
  notice,  a city shall give the owner a second notice of the violation by
  regular first class mail: (i) within forty days of issuance of the first
  notice of violation for a parking  violation  where  the  vehicle  is  a
  vehicle  registered  in  this  state;  or  (ii) within forty days of the
  receipt by such city of the name and address of the owner of the vehicle
  where the vehicle is a vehicle  registered  in  any  other  state.  Such
  second  notice  shall  include,  but  not  be  limited to, the following
  information:
    (A) that the owner has a period of twenty days from  issuance  of  the
  second  notice  in  which  to  respond  to the notice of violation for a
  parking violation;
    (B) that failure to respond to the notice of violation for  a  parking
  violation  may  result  in the suspension and non-renewal of the owner's
  registration;
    (C) that failure to respond to the notice of violation for  a  parking
  violation  may  subject the owner to additional penalties as provided in
  paragraph b of this subdivision;
    (D) that failure to respond to the notice of violation for  a  parking
  violation  shall  subject the owner to a default judgment as provided in
  paragraph c of this subdivision and  the  additional  penalties  imposed
  upon parking violations pursuant to paragraph b of this subdivision; and
    (E) that submission of a plea of guilty to the parking violation makes
  the owner liable for payment of the stated fine and additional penalties
  imposed  pursuant  to  paragraph b of this subdivision and the mandatory
  surcharge of fifteen dollars imposed upon parking violations pursuant to
  section eighteen hundred nine-a of this chapter.
    (1) Upon written application of the chief  executive  officer  of  any
  such  city,  the  commissioner may authorize for a specified time period
  the use  of  a  notice  mailer  form  that  does  not  contain  all  the
  information  set  forth  in  this subdivision but which was used by such
  city on or before the effective date of this section.
    (2)  In  addition,  the  commissioner  may suspend for a period not to
  exceed one year from the effective date of this section  the  provisions
  of  this  subdivision  requiring  that  a  second notice of violation be
  served within forty days of issuance of the first notice  of  a  parking
  violation,  upon  written  application of the chief executive officer of
  any such city demonstrating that immediate  imposition  of  such  notice
  requirement  will cause substantial financial hardship to such city, and
  setting forth the steps to be taken by such city to  achieve  compliance
  with  the notice requirements of this subdivision at the end of such one
  hundred  eighty  day  period.  Upon  granting  such   application,   the
  commissioner  shall  specify  a period, not to exceed seventy-five days,
  within which such  second  notice  must  be  served,  and  shall  adjust
  accordingly   the  time  periods  set  forth  in  paragraph  b  of  this
  subdivision to provide that the additional penalties set forth  in  such
  subdivision  will not be imposed prior to the stated number of days from
  the service of such notice.
    b. Additional penalties. (1) For the purposes of this paragraph,  each
  locality shall determine an initial response date of not less than eight
  days  nor  more  than  thirty  days,  after  which time a penalty may be
  imposed. The liability for such initial penalty shall  commence  on  the
  date following the initial response date.
    (2)  Failure  to  respond  to  a  notice  of  violation  for a parking
  violation by the initial response date may result in the liability for a
  penalty in an amount of the fine indicated on the  notice  of  violation
  for a parking violation; where a city has given a second notice pursuant
  to paragraph a of this subdivision, the following schedule of additional
  penalties may apply:
    (A)  failure  to  respond  to  a  notice  of  violation  for a parking
  violation by the initial response date may result in the  liability  for
  an additional penalty not to exceed ten dollars or, if the first penalty
  assessed by a city does not exceed five dollars, such city may assess an
  additional  penalty within thirty-one to seventy-five days not to exceed
  ten dollars; and
    (B) where a city has given a second notice pursuant to paragraph a  of
  this  subdivision  failure  to  respond  to  a notice of violation for a
  parking violation within seventy-five days may result in the  liability,
  commencing  on  the  seventy-sixth day, for an additional penalty not to
  exceed twenty dollars.
    (3) Where the additional penalty schedule set  forth  in  subparagraph
  two  of  this  paragraph, as interpreted in 9 New York Code of Rules and
  Regulations Part 6180, has not been implemented by a city and is not  in
  effect  in  such  city  on  or  before  January  first, nineteen hundred
  ninety-three, the provisions of this paragraph shall not apply. For  the
  purposes of this subdivision, the provisions of this paragraph shall not
  be  considered to have been implemented and in effect unless the penalty
  schedule contained herein shall have been applied to parking  violations
  issued  in  such  city  on  or  before  January  first, nineteen hundred
  ninety-three.
    b-1. Alternate additional penalty schedule. In any city in  which  the
  schedule  of  penalties  contained in subparagraph two of paragraph b of
  this subdivision, as interpreted  in  9  New  York  Code  of  Rules  and
  Regulations  Part 6180, has not been implemented and is not in effect on
  or before January first, nineteen hundred ninety-three,  the  provisions
  of  this  paragraph  shall  only  apply  upon  enactment  of a local law
  containing the  penalty  schedule  provided  in  this  paragraph  within
  forty-five  days  of the effective date of this paragraph. Following the
  enactment of such a local  law,  such  city  may  elect  to  impose  the
  additional  penalties  set  forth  in  subparagraphs one and two of this
  paragraph for failure to respond to a notice of violation for a  parking
  violation  in  accordance with this paragraph. In the event that no such
  local law is enacted within forty-five days of  the  effective  date  of
  this  paragraph,  the alternate additional penalty schedule set forth in
  paragraph b-2 of this subdivision shall apply.
    (1) Failure to  respond  to  a  notice  of  violation  for  a  parking
  violation  within  thirty  days shall result in liability, commencing on
  the thirty-first day, for an additional penalty  in  an  amount  not  to
  exceed  ten  dollars, indicated on the notice of violation for a parking
  violation: where a city has given a second notice pursuant to  paragraph
  a  of this subdivision failure to respond to a notice of violation for a
  parking violation  within  forty-five  days  may  result  in  liability,
  commencing  on the forty-sixth day, for the penalty prescribed above for
  failure to respond within thirty days and an additional penalty  not  to
  exceed  twenty  dollars;  and  where  a  city  has given a second notice
  pursuant to paragraph a of this subdivision  failure  to  respond  to  a
  notice of violation for a parking violation within seventy-five days may
  result  in  liability,  commencing  on  the  seventy-sixth  day, for the
  penalties prescribed above for failure to respond within thirty days and
  for failure to respond within forty-five days and an additional  penalty
  not to exceed thirty dollars.
    (2)  Notwithstanding  the foregoing schedule of alternative additional
  penalties, if an owner makes a plea or appears within twenty days  after
  issuance  of a second notice of violation in accordance with paragraph a
  of this subdivision, or prior to such mailing, such  additional  penalty
  shall not exceed ten dollars.
    b-2.  Alternate  additional penalty schedule. In any city in which the
  schedule of penalties contained in paragraph b of this  subdivision,  as
  interpreted  in  9 New York Code of Rules and Regulations Part 6180, has
  not been implemented and is not in effect on or  before  January  first,
  nineteen  hundred  ninety-three  and  which  has not enacted a local law
  pursuant to paragraph b-1 of this subdivision within forty-five days  of
  the effective date of this paragraph, the following alternate additional
  penalty schedule shall apply:
    (1)  Failure  to  respond  to  a  notice  of  violation  for a parking
  violation within eight days may result in the liability,  commencing  on
  the ninth day, for an additional penalty in an amount not to exceed five
  dollars;
    (2)  Failure  to  respond  to  a  notice  of  violation  for a parking
  violation within thirty days may result in the liability, commencing  on
  the  thirty-first  day,  for the penalty prescribed above for failure to
  respond within eight days and an additional penalty not  to  exceed  ten
  dollars  or,  if  the first penalty assessed by the city does not exceed
  five  dollars,  such  city  may  assess  an  additional  penalty  within
  thirty-one to seventy-five days not to exceed ten dollars;
    (3)  Where a city has given a second notice pursuant to paragraph a of
  this subdivision failure to respond to  a  notice  of  violation  for  a
  parking  violation within seventy-five days may result in the liability,
  commencing on the seventy-sixth day, for the penalties prescribed  above
  for  failure  to  respond  within  eight days and for failure to respond
  within thirty days and  an  additional  penalty  not  to  exceed  twenty
  dollars; and
    (4)  Notwithstanding the foregoing schedule of alternate penalties, if
  an owner makes a plea or appears within twenty days after issuance of  a
  second  notice  of  violation  in  accordance  with  paragraph a of this
  subdivision, or prior to such mailing, such additional penalty shall not
  exceed five dollars.
    b-3. Application. Notwithstanding any other provision of law, any rule
  or  regulation  previously  or  heretofore issued prior to the effective
  date of this paragraph by any state or local agency, division, bureau or
  other entity, authorizing the imposition of an additional penalty  equal
  to  the  amount  of the initial fine for failure to respond to the first
  notice of violation within eight days of its issuance  shall  be  of  no
  force  and  effect in a city to which the provisions of paragraph b-1 or
  b-2 of this subdivision apply.
    c. Default judgment.  Where  a  city  has  given  notice  pursuant  to
  paragraph  a  of  this  subdivision,  failure  to respond to a notice of
  violation for a parking violation within ninety days shall be deemed  an
  admission of liability and shall subject the owner to a default judgment
  being  entered  thereon  in an amount not greater than the amount of the
  original fine and accrued penalties plus any applicable surcharges. Such
  default shall be reported to the department which department shall cause
  a suspension and non-renewal of the owner's registration pursuant to the
  provisions of subdivision four-c of section five  hundred  ten  of  this
  chapter.
    * NB Effective until September 1, 2007
    * § 235. Jurisdiction.  Notwithstanding  any inconsistent provision of
  any general,  special  or  local  law  or  administrative  code  to  the
  contrary,  in  any  city  which heretofore or hereafter is authorized to
  establish an administrative tribunal to hear and determine complaints of
  traffic  infractions  constituting   parking,   standing   or   stopping
  violations,  or  to adjudicate the liability of owners for violations of
  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
  accordance  with  section eleven hundred eleven-a of this chapter, or to
  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  and  the  rules  and  regulations  pertaining thereto shall be
  constituted in substantial conformance with the following sections.
    * NB Effective September 1, 2007 until December 1, 2009 (ch. 166/91  §
  372 is deleted)
    * § 235. Jurisdiction.  Notwithstanding  any inconsistent provision of
  any general,  special  or  local  law  or  administrative  code  to  the
  contrary,  in  any  city  which heretofore or hereafter is authorized to
  establish an administrative tribunal to hear and determine complaints of
  traffic  infractions  constituting   parking,   standing   or   stopping
  violations,  or  to 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 and the rules and  regulations  pertaining  thereto
  shall  be  constituted  in  substantial  conformance  with the following
  sections.
    * NB Effective December 1, 2009 (ch. 746/88 is deleted  but  amendment
  by ch. 379/92 § 5 is alive)