NY Banking L § 75-B (2021)
2021 New York Laws BNK - Banking Article 2-AA - Atm Safety Act 75-B - Definitions.

§ 75-b. Definitions. For purposes of this article, the following terms shall have the following meanings:   1.  "Access  device" means a card, code, or other means of access to a consumer's account, or any combination thereof, that may be used by  the consumer for the purpose of initiating electronic fund transfers.   2.  "Automated  teller  machine" means a device which is linked to the accounts  and  records  of  a  banking  institution  and  which  enables consumers  to carry out banking transactions, including, but not limited to, account transfers, deposits, cash  withdrawals,  balance  inquiries, and loan payments.   3.  "Automated  teller  machine  facility"  means  an  area within the dominion and control of a banking institution comprised of one  or  more automated teller machines and any adjacent space which is made available to banking customers after regular banking hours.   4.  "Adequate  lighting" means (a) with respect to an automated teller machine facility located within the interior of a building, lighting, on a twenty-four hour basis, which permits a person entering such  facility to readily and easily see all persons occupying such facility, and which permits  a  person  inside  such  facility to readily and easily see all persons at the entry door of such facility.  (b) with respect to an open and  operating  automated  teller  machine facility open to the outdoor air, and any defined parking area, lighting during nighttime hours according to the following standards:  (i)  a  minimum  illuminance  of  five  footcandles is maintained on a horizontal plane at a point five feet outward from and five  feet  above the ground surface from the automated teller machine;  (ii)  a  minimum  illuminance  of  two  footcandles is maintained on a horizontal plane at a point thirty feet in all  unobstructed  directions from the automated teller machine, measured at ground level; and  (iii)  at sixty feet in all unobstructed directions from the automated teller machine, a minimum illuminance of one footcandle  is  maintained, measured  on  a vertical plane at five feet above ground level, with the normal to the plane of measurement aimed at a light source; or  (iv) with respect to an automated teller machine facility that is  not in  accordance  with the standards set forth in either subparagraph (ii) or (iii) of this  paragraph,  or  both  such  subparagraphs,  a  minimum illuminance  of  two footcandles is maintained, measured on a horizontal plane at five feet above ground level, at fifty feet in all unobstructed directions from the automated teller machine.  (c) with respect to an open and  operating  automated  teller  machine facility  located  within  the  interior  of  a building, which facility includes a defined parking  area:  (i)  a  minimum  illuminance  of  two footcandles  is  maintained on a horizontal plane at a point thirty feet in all unobstructed directions from the entrance to the automated teller machine facility, measured at ground level; and (ii) at  sixty  feet  in all  unobstructed  directions  from the entrance to the automated teller machine facility, a minimum illuminance of one footcandle is maintained, measured on a vertical plane at five feet above ground level,  with  the normal  to  the  plane  of measurement aimed at a light source; or (iii) with respect to an automated teller machine  facility  that  is  not  in accordance  with  the  standards set forth in either subparagraph (i) or (ii)  of  this  paragraph,  or  both  such  subparagraphs,   a   minimum illuminance  of  two footcandles is maintained, measured on a horizontal plane at five feet above ground level, at a  point  sixty  feet  in  all unobstructed  directions  from  the  entrance  to  the  automated teller machine facility.   5. "Banking institution" means any state or federally chartered  bank, trust  company,  savings  bank,  savings and loan association, or credit  union, whether headquartered  within  or  outside  of  the  state,  that operates  one  or  more  automated  teller machine facilities within the state.   6.  "Footcandles" means the unit of illuminance equal to one lumen per square foot.   7. "Regular banking hours" means the time at  which  an  office  of  a banking institution is open to the banking public for normal transaction of business.   8. "Nighttime hours" means the period of time beginning thirty minutes after sunset and ending thirty minutes before sunrise.   9.  (a)  "Defined parking area" means that portion of any parking area open for and accessible to customers of a banking institution which is:  (1) contiguous to any paved walkway or sidewalk within fifty  feet  of an automated teller machine facility;  (2)  regularly,  principally and lawfully used for parking by users of the automated teller machine facility while conducting  transactions  at such automated teller machine facility; and  (3)  owned  or  leased by the operator of the automated teller machine facility, or owned or otherwise controlled  by  the  party  leasing  the automated teller machine facility site to the banking institution.  (b)  The term "defined parking area" does not include any parking area which is not open or regularly used for parking  by  the  users  of  the automated  teller machine facility or the conduct of transactions during nighttime hours. For this purpose, the parking area is not open if it is physically closed to access or if conspicuous signs indicate that it  is closed.