2006 New York Code - Creation, Personnel.

 
    § 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,  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, 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, 2009
    * 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, 2009
    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.
    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.