NY Gen Bus L § 399-X (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 399-X - Towed Motor Vehicles.

§  399-x. Towed motor vehicles. 1. Definitions. a. For the purposes of this section, a "commercial tower" shall be defined as 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. For the purposes of this section, a "storage  lot  operator"  shall mean  any  person,  firm,  partnership,  corporation or association that engages, whether by contract or other agreement, in the storage of motor vehicles removed by a commercial tower.   c. For the purposes of this section, a "towed motor vehicle" shall  be defined  as  any motor vehicle removed by a commercial tower without the prior consent or authorization of such motor vehicle owner.   2. Requirements. Each  and  every  commercial  tower  or  storage  lot operator,  which  requires  the  payment  by  an  owner of a towed motor vehicle of all or part of the towing and/or storage  charges  associated with  the  towing  and/or  storage  of  such  owner's motor vehicle as a precondition to the release of such motor vehicle to such owner  or  his or  her  authorized  representative,  and  which accepts credit cards or debit cards, as those terms are defined in section five  hundred  eleven of  this chapter as forms of payment in the ordinary course of business, must accept each of these  forms  of  payment  for  such  towing  and/or storage charges.   3. Penalties. (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.   4. Applicability. The provisions of this section shall  not  apply  to commercial  towers  or  storage  lot  operators  operating wholly within cities having a population of one million or more.