2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
399-V - Parking facilities; towing of vehicles, posting of notices.

 
    § 399-v. Parking facilities; towing of vehicles, posting of notices.
    1.  For  purposes  of this section, the following terms shall have the
  following meanings:
    (a) "commercial tower"  shall  mean  any  person,  firm,  partnership,
  corporation or association that engages in commercial towing, as defined
  in  section  one hundred seven-b of the vehicle and traffic law, whether
  by contract or other agreement;
    (b) "owner" shall mean the owner or lessee of a parking facility or an
  agent of such owner or lessee, provided that such term shall not include
  a commercial tower acting as an agent of such owner or lessee; and
    (c) "parking facility" shall mean parking facilities having a  parking
  capacity  of  five  or  more motor vehicles not owned or operated by the
  state, a municipality or public authority.
    2. Every parking facility  shall  display  prominently  a  conspicuous
  notice stating the name, address and telephone number of the operator of
  the  parking  facility  together  with  the  name, address and telephone
  number of any individual or entity authorized to tow from  such  parking
  facility  any motor vehicle or the name, address and telephone number of
  any individual or entity  authorized  to  place  a  device  designed  to
  immobilize any motor vehicle in such parking facility. Such notice shall
  also  state  that  unauthorized  vehicles  will  be towed at the vehicle
  owner's expense.
    3. No owner or operator of a parking facility shall tow  or  authorize
  the  towing  of  any  motor  vehicle  or  immobilize  or  authorize  the
  immobilization of any motor vehicle in such parking facility unless such
  owner or operator displays a notice pursuant to subdivision two of  this
  section.
    4.  No owner or operator of a parking facility shall solicit, receive,
  accept or agree to receive or accept any payment,  commission  or  other
  consideration  from  a  commercial  tower  for the towing and storing of
  vehicles removed from such owner's or operator's parking facility.
    4-a. (a) Whenever there shall be  a  violation  of  this  section,  an
  application  may  be  made  by  the  attorney general in the name of the
  people  of  the  state  of  New  York  to  a  court  or  justice  having
  jurisdiction to issue an injunction, and upon notice to the defendant of
  not  less than five days, to enjoin and restrain the continuance of such
  violations; and if it shall appear to the satisfaction of the  court  or
  justice  that  the  defendant  has,  in  fact, violated this section, an
  injunction may be  issued  by  such  court  or  justice,  enjoining  and
  restraining  any  further  violation,  without  requiring proof that any
  person has, in fact, been  injured  or  damaged  thereby.  In  any  such
  proceeding  the  court  may  make  allowances to the attorney general as
  provided in paragraph six of subdivision  (a)  of  section  eighty-three
  hundred   three  of  the  civil  practice  law  and  rules,  and  direct
  restitution. Whenever the court shall determine that a violation of this
  section has occurred, the court may impose a civil penalty of  not  less
  than  fifty dollars and not more than one thousand dollars for each such
  violation.  In  connection  with  any  such  proposed  application,  the
  attorney general is authorized to take proof and make a determination of
  the  relevant  facts and to issue subpoenas in accordance with the civil
  practice law and rules.
    (b) The provisions of this section may be enforced concurrently by the
  town attorney, city corporation counsel, or other lawful designee  of  a
  municipality  or  local  government, and all moneys collected thereunder
  shall be retained by such municipality or local government.
    5. The provisions of this section shall not apply to cities  having  a
  population of one million or more.

    6.  Any person who has been injured by reason of any violation of this
  section may bring an action in his  or  her  own  name  to  enjoin  such
  unlawful act or practice, an action to recover his or her actual damages
  or  one  hundred  fifty  dollars,  whichever  is  greater,  or both such
  actions. The court may, in its discretion, increase the award of damages
  to  an  amount  not  to  exceed three times the actual damages up to one
  thousand  dollars,  if  the  court  finds  the  defendant  willfully  or
  knowingly   violated  this  section.  The  court  may  award  reasonable
  attorney's fees to a prevailing plaintiff.
    7. This section shall not annul, alter, affect or exempt any owner  or
  operator  subject  to the provisions of this section from complying with
  the laws, ordinances, rules or regulations of any locality  relating  to
  the  posting  of  parking  facility  notices  and/or the towing of motor
  vehicles from parking facilities, except to the extent that these  laws,
  ordinances,  rules or regulations are inconsistent with any provision of
  this section, but no such local law, ordinance, rule or regulation shall
  be considered inconsistent if  it  affords  greater  protection  to  the
  consumer  including  but not limited to local laws, rules or regulations
  that:
    (i) regulate the reasonable amount that a commercial tower may  charge
  for the towing and storage of a vehicle removed from a parking facility;
    (ii)  require  written  contracts  between  an  owner and a commercial
  tower, which contracts may  also  be  required  to  be  filed  with  the
  political subdivision;
    (iii)  require  the  owner  to be physically present when a vehicle is
  towed from a parking facility; or
    (iv) regulate the hours when a commercial tower must be  available  to
  release a vehicle that is towed from a parking facility.