NY Veh & Traf L § 235 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 2-B - Adjudication of Parking Infractions 235 - 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:  (a)  to  hear  and   determine complaints  of  traffic  infractions  constituting  parking, standing or stopping violations, or (b) 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  (c)  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 (d) 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  (e)   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  (f)  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  (g)   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 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.   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 was 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  prior  to March  28,  1993. 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 was enacted prior to March 28, 1993, 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 was 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 prior to March 28, 1993, 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.   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.   3. Nothing set forth in this article shall be construed  to  authorize the  imposition  of  monetary  liability  on  the owner of a vehicle for failure of an operator thereof to comply with any provision of law, rule or  regulation  through  the  installation  and  operation  of  a  photo enforcement  device or system, except as otherwise explicitly authorized by article twenty-four,  twenty-nine  or  thirty  of  this  chapter,  by section  two thousand nine hundred eighty-five of the public authorities law, or by sections sixteen-a, sixteen-b and sixteen-c of chapter  seven hundred  seventy-four  of  the  laws  of  nineteen hundred fifty, nor be construed to grant any municipality the authority to establish by  local law,  ordinance, order, rule, regulation, resolution or any other means, an administrative tribunal to hear and determine complaints  of  traffic infractions  or  jurisdiction  to  adjudicate any liability set forth in subdivision one of this section.   * NB There are 2 § 235's