NY Pub Auth L § 1204 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 9 - New York City Transit Authority 1204 - General Powers of the Authority.

§ 1204. General powers of the authority. 1. To sue and be sued.2. To have a seal and alter the same at pleasure.* 3.  To  acquire,  hold,  use  and  dispose of equipment, devices and   appurtenances, and other property for its corporate purposes, including,   the power to dispose of personal property with a value of  five  hundred   thousand dollars or less by public auction in accordance with guidelines   adopted by the metropolitan transportation authority pursuant to section   twelve  hundred  sixty-five  of this article and title five-A of article   nine of this chapter.* NB Effective until April 1, 2024* 3. To acquire, hold, use  and  dispose  of  equipment,  devices  and   appurtenances, and other property for its corporate purposes.* NB Effective April 1, 20243-a. To acquire by purchase or condemnation pursuant to the provisions   of  the  condemnation  law  real property or rights or easements therein   necessary or convenient for the corporate purposes of the authority, and   to use the same so long as its corporate existence shall continue.3-b. To apply for and receive and accept grants of property, money and   services and other assistance offered or made available  to  it  by  any   person,  government or agency whatever, which it may use to meet capital   or operating expenses and for any other use  within  the  scope  of  its   powers,  and to negotiate for the same upon such terms and conditions as   the authority may determine to be necessary, convenient or desirable.4. To make rules and regulations for  its  organization  and  internal   management.5.  To  appoint  officers,  assign  powers and duties to them, and fix   their compensation.5-a. To make, amend and repeal rules governing the conduct and  safety   of  the public as it may deem necessary, convenient or desirable for the   use and operation of the  transit  facilities  under  its  jurisdiction,   including  without  limitation  rules  relating  to  the  protection  or   maintenance of such facilities, the conduct and safety  of  the  public,   the  payment  of  fares  or  other  lawful  charges  for the use of such   facilities, the presentation or display of documentation permitting free   passage, reduced fare passage or full fare passage  on  such  facilities   and  the protection of the revenue of the authority.  Violations of such   rules shall be  an  offense  punishable  by  a  fine  of  not  exceeding   twenty-five  dollars or by imprisonment for not longer than ten days, or   both, or may be punishable by the imposition by the transit adjudication   bureau established pursuant to the provisions of this title of  a  civil   penalty  in  an  amount  for  each  violation  not to exceed one hundred   dollars (exclusive of interest or costs assessed thereon), in accordance   with a  schedule  of  such  penalties  as  may  from  time  to  time  be   established  by  rules  of the authority. Such schedule of penalties may   provide for the imposition of additional  penalties,  not  to  exceed  a   total  of  fifty  dollars  for  each  violation,  upon  the failure of a   respondent  in  any  proceeding  commenced  with  respect  to  any  such   violation  to make timely response to or appearance in connection with a   notice of violation of such rule or to any subsequent  notice  or  order   issued by the authority in such proceeding. There shall be no penalty or   increment  in  fine  by  virtue of a respondent's timely exercise of his   right to a hearing or appeal. The rules may provide, in addition to  any   other sanctions, for the confiscation of tokens, tickets, cards or other   fare  media  that  have  been forged, counterfeit, improperly altered or   transferred, or otherwise used in a manner inconsistent with such rules.6. To appoint employees and fix  their  compensation  subject  to  the   provisions  of  the  civil  service law and to grant, in its discretion,   cash payments to the surviving spouse or to the legal representatives of    its  deceased  employees,  equal  to  the  current  monetary  value   of   accumulated  and unused vacation time, if any, and the monetary value of   accumulated and unused overtime, if any, for overtime which  was  worked   and credited subsequent to June fifteenth, nineteen hundred fifty-three,   computed  at  the  rate of salary in effect at the time the overtime was   worked, standing to the credit of its employees as of the time of  their   death  and,  notwithstanding  the  provisions  of  section  one  hundred   thirty-five of the civil service law or any other state or local law  to   the  contrary,  to  grant,  in  its discretion, severance pay to surplus   employees on separation from service.7. To retain and  employ  counsel,  auditors,  engineers  and  private   consultants  on a contract basis or otherwise for rendering professional   or technical services and advice.8.  Pursuant  to  the  provisions  of  this   title,   to   construct,   reconstruct, improve, maintain and operate any transit facility, whether   now existing, or constructed, acquired or provided in the future, and to   fix fares on any such transit facilities.9. To construct, reconstruct, improve, maintain and operate buildings,   structures  and  facilities  as  may  be  necessary or convenient and to   maintain and operate, directly or enter into contracts or leases for the   acquisition, maintenance, and operation of  areas  for  the  parking  of   motor  vehicles  in  the  vicinity of its transit facilities, and in its   discretion to fix and charge for such parking a  combination  fee  which   shall  include  the  established  rate  of  fare  for use of its transit   facilities.9-a. To post signs notifying  the  public  of  the  maximum  fine  for   throwing,  dumping, or causing to be thrown, dumped, deposited or placed   any  refuse,  trash,  garbage,  rubbish,  litter,  or  any  nauseous  or   offensive  matter  on  subway  tracks  or  the right-of-way of a subway,   pursuant to section fifty-two-e of the railroad law, to the extent  that   funds for such signs are available.10.  With  the  consent of the city to use officers, employees, agents   and facilities of the city paying to the city an  agreed  proportion  or   amount of the compensation or costs involved.11.  To  make  or  enter  into  contracts,  agreements, deeds, leases,   conveyances or other instruments necessary or convenient, and to  assist   and  cooperate  with  the metropolitan transportation authority to carry   out  the  powers  of  the  metropolitan  transportation   authority   in   furtherance  of  the purposes and powers of the authority as provided in   this article, including, without limitation, the transactions  described   in  sections  twelve  hundred sixty-six-c, twelve hundred sixty-nine and   twelve hundred seventy-d of this article. This power shall  include  the   power  to make contracts with other persons operating transit facilities   for combined fares for the  use  of  such  facilities  and  the  transit   facilities operated by the authority and for the division of such fares,   and  the  power  to  make contracts for the transportation of the United   States mail or personal property.12. To surrender to the  city  property  no  longer  required  by  the   authority.13.  To rent space and grant concessions on or in any transit or other   facility under its jurisdiction, to fix and  collect  rentals,  fees  or   other  charges  therefor, and to contract for the sale or disposition of   waste, products or by-products incidental to its operations or in excess   of its requirements.13-a. Notwithstanding  the  provisions  of  section  fourteen  hundred   twenty-three  of the penal law or the provisions of any general, special   or local law, code, ordinance, rule or regulation to  the  contrary  the   authority  may  erect  signs  or  other  printed, painted or advertising    matter  on  any  property,  including  elevated  structures,  leased  or   operated  by  it or otherwise under its jurisdiction and control and may   rent, lease or otherwise sell the right to do so to any person,  private   or public.14.  To  make  plans, surveys and studies of transit facilities in the   city and prepare recommendations in regard thereto.15. To exercise all  requisite  and  necessary  authority  to  manage,   control  and  direct the maintenance and operation of transit facilities   transferred to it for the convenience and  safety  of  the  public  with   power,  in  its  discretion, to extend, modify, discontinue, curtail, or   change routes or methods of transportation  where  the  convenience  and   safety of the public would be served thereby or where existing routes or   methods are inefficient or uneconomical; provided, however, that (except   in  cases  of  emergencies)  at  least thirty days prior to any proposed   modification, discontinuance, curtailment or change of any transit route   or method of transportation, the authority  shall  give  notice  of  its   intention to the board of estimate and shall, upon request of such board   within such period, conduct a public hearing thereon.16.  In  its  discretion  to  provide  and  maintain  a transit police   department and a uniformed transit police  force.  Such  department  and   force  shall  have  the  power  and it shall be their duty, in and about   transit facilities, to preserve the public peace, prevent crime,  detect   and  arrest  offenders, suppress riots, mobs and insurrections, disperse   unlawful or dangerous assemblages and assemblages  which  obstruct  free   passage;  protect  the  rights of persons and property; guard the public   health; regulate,  direct,  control  and  restrict  pedestrian  traffic;   remove  all  nuisances;  enforce  and  prevent violation of all laws and   ordinances; and for these purposes  to  arrest  all  persons  guilty  of   violating  any  law  or  ordinance.  Appointments to such transit police   force shall be made in accordance  with  applicable  provisions  of  the   civil  service  law  and only persons who shall be less than twenty-nine   years of age at the date of the  filing  of  an  application  for  civil   service  examination, who have never been convicted of a felony, and who   are citizens of the United States shall be appointed  transit  patrolmen   on the transit police force. Each member of such force shall be a police   officer  as  defined  by  paragraph  (e)  of  subdivision thirty-four of   section 1.20 of the criminal procedure law and  shall  possess  all  the   powers  of  a  police  officer  of  a  city in the execution of criminal   process; and criminal process issued by any court  or  magistrate  of  a   city  may  be  directed  to  and  executed  by  a  member of such force,   notwithstanding the provisions of any local or special act, ordinance or   regulation.The authority may appoint a chief and a deputy chief  of  the  transit   police  department  who,  in  the  discretion  of  the authority, may be   selected from the ranks of the transit police force, and  assign  powers   and  duties  to  them and fix their compensation. The chief shall be the   head of such department. During the absence or disability of the  chief,   the deputy chief shall possess all the powers and perform all the duties   of  the  chief.  The  transit  police  force  shall consist of captains,   lieutenants, sergeants and police officers.  The  authority  may  detail   persons  in  the rank of captain of the transit police force to serve in   higher ranks. A captain when so detailed to serve in a higher  rank  may   be  granted  an  increase  in salary above the grade established for the   rank of captain in the uniformed force. The  authority  may  maintain  a   division  for  detective  purposes to be known as the detective division   and may, from time to time, detail to service in said division  as  many   members  of  the  force  as  it  may deem necessary, and may at any time   revoke any such detail. Any member of the force while so detailed may be    granted an increase in salary above the grade established for his or her   rank in the uniformed force, but shall retain his or  her  rank  in  the   force  and shall be eligible for promotion the same as if serving in the   uniformed  force,  and  the  time  during which he or she serves in such   division shall count for all purposes as if served in his or her rank or   grade in the uniformed force.16-a. The authority  shall  establish  and  publish  or  cause  to  be   published  schedules for all passenger transportation services under its   operation. Such schedules shall  include  the  estimated  departure  and   arrival  time at each terminal point of each route except that, on lines   where the headway time during the period between six A.M. and seven P.M.   is less than ten minutes, such headway time alone may be listed for that   period. Such schedules shall also show the elapsed running time  between   the terminal and each station. Schedules shall be made available at each   facility on the applicable route at which tokens or tickets are sold and   shall be posted at each appropriate station operated by the authority.17. To do all things necessary or convenient to carry out its purposes   and for the exercise of the powers granted in this title.18.  A  copy  of  any  report  submitted  by the authority pursuant to   sections twenty-eight hundred, twenty-eight hundred one and twenty-eight   hundred two of this chapter shall be submitted contemporaneously to  the   mayor.19.  To  invest  any  funds, accounts or other monies not required for   immediate use or disbursement, at the discretion of  the  authority,  in   any   of  the  investments  in  which  the  metropolitan  transportation   authority is permitted to invest its monies pursuant to subdivision four   of section twelve hundred sixty-five of this article.