2023 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.