2023 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  section  three
hundred  eighty-five  of this chapter and the rules of the department of
transportation of the city of New York  in  relation  to  gross  vehicle
weight  and/or  axle  weight  violations  imposed pursuant to a weigh in
motion demonstration program imposing monetary liability on the owner of
a vehicle for failure of an operator thereof to comply with  such  gross
vehicle  weight and/or axle weight restrictions through the installation
and operation of  weigh  in  motion  violation  monitoring  systems,  in
accordance  with  article  ten 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,

or  (h)  to  adjudicate  the  liability  of owners for violations of bus
operation-related traffic regulations as defined by article  twenty-four
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 bus  operation-related  traffic  regulations
through  the  installation  and operation of bus operation-related photo
devices, in accordance with article twenty-four 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.
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.