New York City Council Header
File #: Int 0646-2015    Version: * Name: Limiting the parking of motor vehicles by dealers.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Transportation
On agenda: 2/12/2015
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to limiting the parking of motor vehicles by dealers.
Sponsors: Daniel Dromm , Karen Koslowitz, Rosie Mendez, Andrew Cohen, Eric A. Ulrich
Council Member Sponsors: 5
Summary: This bill would make it unlawful for any dealer to park, store, or otherwise maintain a motor vehicle upon any city street for the purpose of displaying the motor vehicle for sale or greasing or repairing such motor vehicle (except in the case of an emergency repair). Additionally, it would prohibit any dealer from parking, storing, or otherwise maintaining on any street a motor vehicle that is in the dealer’s possession while awaiting repair or subsequent return to the owner or lessee of such motor vehicle. Dealers in possession of motor vehicles awaiting repair or return to the owner or lessee would be required to display a placard indicating the dealer’s name, address, license number, and telephone contact information in a manner clearly legible through the motor vehicle’s forward windshield. Each violation of these prohibitions would be punishable by a fine of no less than $250 and no more than $400. Every day that a motor vehicle is parked illegally would be considered a separate violation. Additionally, the bill would allow the owner or lessee of a motor vehicle who receives a summons for a parking violation on a date and time in which the dealer was in the possession of the motor vehicle to use the dealer’s possession as an affirmative defense. If this defense is successful, the Transportation Commissioner may issue a summons, violation, or otherwise prosecute the dealer in possession at the time of the offense. The bill would also make any motor vehicle parked upon any city street for the purpose of displaying the motor vehicle for sale or greasing or repairing such motor vehicle (except in the case of an emergency repair) subject to impoundment. Any motor vehicle impounded would not be released until all applicable towing and storage fees were paid. If a motor vehicle is impounded or receives a summons while in possession of a dealer who is not the owner or lessee of the vehicle, the bill permits the owner or lessee of the vehicle to maintain a private cause of action against the dealer in possession.
Attachments: 1. Summary of Int. No. 646

Int. No. 646

 

By Council Members Dromm, Koslowitz, Mendez, Cohen and Ulrich

 

A Local Law to amend the administrative code of the city of New York, in relation to limiting the parking of motor vehicles by dealers.

 

Be it enacted by the Council as follows:

                     Section 1. Subchapter 2 of chapter 1 of title 19 of the administrative code of the city of New York is hereby amended to add a new section 19-170.1 to read as follows:

                         § 19-170.1 Limitation on parking of motor vehicles by dealers. a. It shall be unlawful for any dealer, as defined in section four hundred fifteen of the vehicle and traffic law, to park, store or otherwise maintain a motor vehicle upon any street of the city for the purpose of:

(i) displaying such motor vehicle for sale, or (ii) greasing or repairing such motor vehicle, except in the case of an emergency repair.

                           b. It shall be unlawful for any dealer, as defined in section four hundred fifteen of the vehicle and traffic law, to park, store, or otherwise maintain on any street a motor vehicle that is in the dealer's possession while awaiting repair or subsequent return to the owner or lessee of such motor vehicle.  Any dealer in possession of a motor vehicle awaiting repair or subsequent return to the owner or lessee of such motor vehicle shall, at all times, display a placard, clearly legible through the motor vehicle's forward windshield, indicating the name, address, license number and telephone contact information of such dealer.

                          c. Each violation of this section shall be punishable by a fine of not less than two hundred fifty dollars and not more than four hundred dollars.  For purposes of this section, every day that any single motor vehicle is parked illegally shall be considered a separate violation.

                          d. If an owner or lessee of a motor vehicle receives a summons for a parking violation on the date and time such motor vehicle was in the possession of a dealer awaiting repair or subsequent return to such owner or lessee, it shall be an affirmative defense that such motor vehicle was in the possession of such dealer at the time of the violation alleged in the summons.  If such defense is successful, the commissioner is authorized to issue a summons, violation, or to otherwise prosecute the dealer in possession of such motor vehicle on the date and time of the offense alleged in the original summons.

                         e. Any motor vehicle parked in violation of subdivision a of this section shall be subject to impoundment.  Any motor vehicle impounded pursuant to this subdivision shall not be released until all applicable towing and storage fees have been paid.  The commissioner may promulgate rules concerning the procedure for the impoundment and release of motor vehicles pursuant to this subdivision.

                         f. If a motor vehicle is impounded or receives a summons while in the possession of a dealer who is not the owner or lessee of such motor vehicle, such owner or lessee shall have a private cause of action against any dealer who was in possession of the motor vehicle at the time of such impoundment or the issuance of such summons.

                         g. The penalties and fees provided for in this section shall be in addition to any other penalties, fees or remedies provided by law or regulation.

§2.  This local law shall take effect immediately.

 

TM

Int 489/2011

LS 909/2014

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