Proposed Int. No. 637-A
By Council Members Yassky, Weprin and Felder
A Local Law to amend the
administrative code of the city of
Be it enacted by the Council as follows:
Section 1. Chapter 2 of title 19 of the administrative
code of the city of
§19-213 Fleet
program. a. For the purposes of this chapter, the term
“commercial organization” shall mean any owner or lessee of at least one
vehicle that is used exclusively for commercial or business purposes.
b. The commissioner shall establish
a fleet program to facilitate the adjudication of parking violations. Commercial organizations shall be required to
enroll their vehicles with the department in order to participate in such fleet
program. The department shall
periodically provide such commercial organizations with a log of violations
issued to such commercial organization’s enrolled vehicles. Within fourteen days of receiving such log,
the participating commercial organization must notify the department in writing
of all violations on such log for which it is entering a plea of not
guilty. Within forty-five days of
receiving such log, the participating commercial organization must pay the fine
for each violation for which it has not entered a plea of not guilty. The department shall schedule a hearing,
pursuant to section 19-206 of this chapter, for any violation for which the
participating commercial organization enters a plea of not guilty.
c. Commercial organizations must meet the
following conditions in order to participate in the fleet program:
1. Except as provided in paragraph
two of this subdivision, the license plates of each enrolled vehicle must be
registered with the state department of motor vehicles under the participating
commercial organization’s name and address upon enrollment in the fleet program
and at all times during enrollment.
2. The participating commercial
organization’s enrolled vehicles may include leased vehicles, provided,
however, that if the license plates of any such vehicle are registered with the
state department of motor vehicles by an entity other than the participating
commercial organization, the lease agreement must be in the name of the
participating commercial organization, its subsidiary or parent company, and
the entity that registered the leased vehicle’s license plates must designate
in writing the participating commercial organization as its agent to receive
notices from the department.
3. The participating commercial
organization shall provide copies of vehicle registrations, lease agreements,
designations and any other information requested by the department to verify
its eligibility to participate in the fleet program.
4. The participating commercial
organization is liable for the payment of fines in connection with any notices
of violation issued to the vehicles it has enrolled in the fleet program.
§2. Chapter 2 of title 19 of the
administrative code of the city of
§19-214
Stipulated fine program. a. The department
shall establish one or more stipulated fine programs for eligible commercial
organizations enrolled in the fleet program established pursuant to section
19-213 of this chapter. Eligibility for
such stipulated fine program or programs shall be determined by the
commissioner based on characteristics, purposes, or uses of the commercial organization’s
vehicles. Under such stipulated fine
program or programs, the eligible participating commercial organization shall
pay a fixed percentage of normal fines for parking violations based upon the
historical record of actual hearings involving tickets issued to the vehicles
of other commercial organizations in similar circumstances.
b. To participate in a stipulated
fine program, the participating commercial organization shall enter into a
written agreement with the department, in such form and manner as determined by
the department, waiving such commercial organization’s right to contest notices
of violation issued against the commercial organization’s vehicles enrolled in a
program during a stated period of time and agreeing to pay the stipulated fines
for all such violations. Such agreement
shall also provide that if the participating commercial organization fails to
pay the stipulated fine for violations due in accordance with such agreement,
the agreement will become null and void and the notices of violation issued
against the participating commercial organization’s vehicles enrolled in the
program shall be adjudicated as if such agreement had not been in effect.
c. There shall be no fee to
participate in a stipulated fine program.
§3. If any provision of this law shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof, but shall be
confined in its operation to the provision directly involved in the controversy
in which such judgment shall have been rendered.
§4. This local law shall take effect ninety days
after its enactment. Actions necessary
to prepare for the implementation of this local law may be taken prior to its
effective date.
PH
LS # 3830
10.12.07 – 3pm