2023 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.