2023 New York Laws › VAT - Vehicle and Traffic › Title 2 - Department of Motor Vehicles; Commissioner › Article 2-B - Adjudication of Parking Infractions › 235 - Jurisdiction.

§ 235. Jurisdiction.  1. Notwithstanding any inconsistent provision of
any  general,  special  or  local  law  or  administrative  code  to the
contrary, in any city which heretofore or  hereafter  is  authorized  to
establish   an  administrative  tribunal:  (a)  to  hear  and  determine
complaints of traffic  infractions  constituting  parking,  standing  or
stopping  violations,  or  (b) 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 (c) 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 (d) 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  (e)  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  (f)  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  (g)  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 (h) 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  (i)  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 and the rules  and  regulations  pertaining  thereto  shall  be
constituted in substantial conformance with the following sections.
2.  Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary,  any  city  with  a
population  in  excess  of one hundred thousand persons according to the
nineteen hundred eighty United States census hereinafter referred to  as
a  city shall provide notice of parking violations and of the imposition
of additional penalties whenever the person who is liable therefor fails
to respond to the parking ticket in the manner designated thereon.  Such
notice   shall   be   in  substantial  conformance  with  the  following
provisions:
a. Notice. (1) Whenever a city issues a  notice  of  violation  for  a
parking  violation,  it  shall  be  served  in  the manner prescribed by
subdivision two of section two hundred thirty-eight of this article.
(2) Whenever a person has been issued a  notice  of  violation  for  a
parking  violation  and has not responded in the manner described in the
notice, a city shall give the owner a second notice of the violation  by
regular first class mail: (i) within forty days of issuance of the first
notice  of  violation  for  a  parking  violation where the vehicle is a
vehicle registered in this state; or  (ii)  within  forty  days  of  the
receipt by such city of the name and address of the owner of the vehicle
where  the  vehicle  is  a  vehicle  registered in any other state. Such
second notice shall include,  but  not  be  limited  to,  the  following
information:
(A)  that  the  owner has a period of twenty days from issuance of the
second notice in which to respond to  the  notice  of  violation  for  a
parking violation;
(B)  that  failure to respond to the notice of violation for a parking
violation may result in the suspension and non-renewal  of  the  owner's
registration;
(C)  that  failure to respond to the notice of violation for a parking
violation may subject the owner to additional penalties as  provided  in
paragraph b of this subdivision;
(D)  that  failure to respond to the notice of violation for a parking
violation shall subject the owner to a default judgment as  provided  in
paragraph  c  of  this  subdivision and the additional penalties imposed
upon parking violations pursuant to paragraph b of this subdivision; and
(E) that submission of a plea of guilty to the parking violation makes
the owner liable for payment of the stated fine and additional penalties
imposed pursuant to paragraph b of this subdivision  and  the  mandatory
surcharge of fifteen dollars imposed upon parking violations pursuant to
section eighteen hundred nine-a of this chapter.
b.  Additional penalties. (1) For the purposes of this paragraph, each
locality shall determine an initial response date of not less than eight
days nor more than thirty days,  after  which  time  a  penalty  may  be
imposed.  The  liability  for such initial penalty shall commence on the
date following the initial response date.
(2) Failure to  respond  to  a  notice  of  violation  for  a  parking
violation by the initial response date may result in the liability for a
penalty  in  an  amount of the fine indicated on the notice of violation

for a parking violation; where a city has given a second notice pursuant
to paragraph a of this subdivision, the following schedule of additional
penalties may apply:
(A)  failure  to  respond  to  a  notice  of  violation  for a parking
violation by the initial response date may result in the  liability  for
an additional penalty not to exceed ten dollars or, if the first penalty
assessed by a city does not exceed five dollars, such city may assess an
additional  penalty within thirty-one to seventy-five days not to exceed
ten dollars; and
(B) where a city has given a second notice pursuant to paragraph a  of
this  subdivision  failure  to  respond  to  a notice of violation for a
parking violation within seventy-five days may result in the  liability,
commencing  on  the  seventy-sixth day, for an additional penalty not to
exceed twenty dollars.
(3) Where the additional penalty schedule set  forth  in  subparagraph
two  of  this  paragraph, as interpreted in 9 New York Code of Rules and
Regulations Part 6180, has not been implemented by a city and is not  in
effect  in  such  city  on  or  before  January  first, nineteen hundred
ninety-three, the provisions of this paragraph shall not apply. For  the
purposes of this subdivision, the provisions of this paragraph shall not
be  considered to have been implemented and in effect unless the penalty
schedule contained herein shall have been applied to parking  violations
issued  in  such  city  on  or  before  January  first, nineteen hundred
ninety-three.
b-1. Alternate additional penalty schedule. In any city in  which  the
schedule  of  penalties  contained in subparagraph two of paragraph b of
this subdivision, as interpreted  in  9  New  York  Code  of  Rules  and
Regulations Part 6180, has not been implemented and was not in effect on
or  before  January first, nineteen hundred ninety-three, the provisions
of this paragraph shall  only  apply  upon  enactment  of  a  local  law
containing  the  penalty  schedule  provided  in this paragraph prior to
March 28, 1993. Following the enactment of such a local law,  such  city
may  elect to impose the additional penalties set forth in subparagraphs
one and two of this paragraph for failure to  respond  to  a  notice  of
violation  for a parking violation in accordance with this paragraph. In
the event that no such local law was enacted prior to  March  28,  1993,
the  alternate additional penalty schedule set forth in paragraph b-2 of
this subdivision shall apply.
(1) Failure to  respond  to  a  notice  of  violation  for  a  parking
violation  within  thirty  days shall result in liability, commencing on
the thirty-first day, for an additional penalty  in  an  amount  not  to
exceed  ten  dollars, indicated on the notice of violation for a parking
violation; where a city has given a second notice pursuant to  paragraph
a  of this subdivision failure to respond to a notice of violation for a
parking violation  within  forty-five  days  may  result  in  liability,
commencing  on the forty-sixth day, for the penalty prescribed above for
failure to respond within thirty days and an additional penalty  not  to
exceed  twenty  dollars;  and  where  a  city  has given a second notice
pursuant to paragraph a of this subdivision  failure  to  respond  to  a
notice of violation for a parking violation within seventy-five days may
result  in  liability,  commencing  on  the  seventy-sixth  day, for the
penalties prescribed above for failure to respond within thirty days and
for failure to respond within forty-five days and an additional  penalty
not to exceed thirty dollars.
(2)  Notwithstanding  the foregoing schedule of alternative additional
penalties, if an owner makes a plea or appears within twenty days  after
issuance  of a second notice of violation in accordance with paragraph a

of this subdivision, or prior to such mailing, such  additional  penalty
shall not exceed ten dollars.
b-2.  Alternate  additional penalty schedule. In any city in which the
schedule of penalties contained in paragraph b of this  subdivision,  as
interpreted  in  9 New York Code of Rules and Regulations Part 6180, has
not been implemented and was not in effect on or before  January  first,
nineteen  hundred  ninety-three  and  which  has not enacted a local law
pursuant to paragraph b-1 of this subdivision prior to March  28,  1993,
the following alternate additional penalty schedule shall apply:
(1)  Failure  to  respond  to  a  notice  of  violation  for a parking
violation within eight days may result in the liability,  commencing  on
the ninth day, for an additional penalty in an amount not to exceed five
dollars;
(2)  Failure  to  respond  to  a  notice  of  violation  for a parking
violation within thirty days may result in the liability, commencing  on
the  thirty-first  day,  for the penalty prescribed above for failure to
respond within eight days and an additional penalty not  to  exceed  ten
dollars  or,  if  the first penalty assessed by the city does not exceed
five  dollars,  such  city  may  assess  an  additional  penalty  within
thirty-one to seventy-five days not to exceed ten dollars;
(3)  Where a city has given a second notice pursuant to paragraph a of
this subdivision failure to respond to  a  notice  of  violation  for  a
parking  violation within seventy-five days may result in the liability,
commencing on the seventy-sixth day, for the penalties prescribed  above
for  failure  to  respond  within  eight days and for failure to respond
within thirty days and  an  additional  penalty  not  to  exceed  twenty
dollars; and
(4)  Notwithstanding the foregoing schedule of alternate penalties, if
an owner makes a plea or appears within twenty days after issuance of  a
second  notice  of  violation  in  accordance  with  paragraph a of this
subdivision, or prior to such mailing, such additional penalty shall not
exceed five dollars.
c. Default judgment.  Where  a  city  has  given  notice  pursuant  to
paragraph  a  of  this  subdivision,  failure  to respond to a notice of
violation for a parking violation within ninety days shall be deemed  an
admission of liability and shall subject the owner to a default judgment
being  entered  thereon  in an amount not greater than the amount of the
original fine and accrued penalties plus any applicable surcharges. Such
default shall be reported to the department which department shall cause
a suspension and non-renewal of the owner's registration pursuant to the
provisions of subdivision four-c of section five  hundred  ten  of  this
chapter.
3.  Nothing  set forth in this article shall be construed to authorize
the imposition of monetary liability on  the  owner  of  a  vehicle  for
failure of an operator thereof to comply with any provision of law, rule
or  regulation  through  the  installation  and  operation  of  a  photo
enforcement device or system, except as otherwise explicitly  authorized
by  article  twenty-four,  twenty-nine  or  thirty  of  this chapter, by
section two thousand nine hundred eighty-five of the public  authorities
law,  or by sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws  of  nineteen  hundred  fifty,  nor  be
construed  to grant any municipality the authority to establish by local
law, ordinance, order, rule, regulation, resolution or any other  means,
an  administrative  tribunal to hear and determine complaints of traffic
infractions or jurisdiction to adjudicate any  liability  set  forth  in
subdivision one of this section.