NY Veh & Traf L § 236 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 2-B - Adjudication of Parking Infractions 236 - 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: (a) to adjudicate the liability of owners for violations  of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant  to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator  thereof  to  comply  with traffic-control  indications  through  the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this  chapter,  or  (b)  to  adjudicate  the liability  of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the  owner  of  a vehicle  for  failure  of an operator thereof to comply with such posted maximum speed limits through the installation  and  operation  of  photo speed violation monitoring systems, in accordance with article thirty of this  chapter,  or  (c)  to  adjudicate  the  liability  of  owners  for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid  transit  program  imposing monetary  liability on the owner of a vehicle for failure of an operator thereof  to  comply  with  such  bus  lane  restrictions   through   the installation and operation of bus lane photo devices, in accordance with article  twenty-four of this chapter, or (d) to adjudicate the liability of owners for violations  of  toll  collection  regulations  imposed  by certain  public  authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a  vehicle  for failure   of   an  operator  thereof  to  comply  with  toll  collection regulations of such public  authorities  through  the  installation  and operation of photo-monitoring systems, 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, or (e) to adjudicate the liability of owners  for  violations  of section  eleven  hundred  seventy-four  of  this  chapter when meeting a school bus marked and equipped as provided in  subdivisions  twenty  and twenty-one-c  of  section  three  hundred  seventy-five  of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof  to  comply with  school  bus  red  visual  signals  through  the  installation  and operation  of  school  bus  photo  violation  monitoring   systems,   in accordance   with  article  twenty-nine  of  this  chapter,  or  (f)  to adjudicate the liability of owners for violations  of  subdivision  (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant  to  a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator  thereof  to  comply  with such  posted  maximum  speed  limits  within  a  highway construction or maintenance work area through the installation and  operation  of  photo speed violation monitoring systems, in accordance with article thirty of this  chapter.  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 There are 2 sb 1's    * 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: (a) to adjudicate the  liability  of  owners  for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the  owner  of  a  vehicle  for failure   of   an   operator  thereof  to  comply  with  traffic-control indications through the installation and  operation  of  traffic-control signal  photo  violation-monitoring  systems, in accordance with article twenty-four of this chapter, or  (b)  to  adjudicate  the  liability  of owners  for  violations  of  subdivision  (b),  (c),  (d), (f) or (g) of section eleven hundred eighty of this  chapter  imposed  pursuant  to  a demonstration  program  imposing  monetary  liability  on the owner of a vehicle for failure of an operator thereof to comply  with  such  posted maximum  speed  limits  through  the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this  chapter,  or  (c)  to  adjudicate  the  liability  of  owners  for violations of bus lane restrictions as defined by article twenty-four of this  chapter  imposed  pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an  operator thereof   to   comply  with  such  bus  lane  restrictions  through  the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (d) to adjudicate the  liability of  owners  for  violations  of  toll  collection regulations imposed by certain public authorities pursuant to the law authorizing  such  public authorities  to  impose monetary liability on the owner of a vehicle for failure  of  an  operator  thereof  to  comply  with   toll   collection regulations  of  such  public  authorities  through the installation and operation of photo-monitoring systems, 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,  or  (e)  to adjudicate the liability of owners for violations of section eleven hundred seventy-four  of  this  chapter  when  meeting  a school  bus  marked  and equipped as provided in subdivisions twenty and twenty-one-c of section  three  hundred  seventy-five  of  this  chapter imposed pursuant to a local law or ordinance imposing monetary liability on  the  owner of a vehicle for failure of an operator thereof to comply with  school  bus  red  visual  signals  through  the  installation  and operation   of   school  bus  photo  violation  monitoring  systems,  in accordance with article twenty-nine  of  this  chapter.  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 There are 2 sb 1's   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.