S T A T E O F N E W Y O R K
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3028
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
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Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the general business law, the vehicle and traffic law
and the multiple dwelling law, in relation to banning the sale of gas
powered motorized scooters and regulating the storage of such scooters
in multiple dwellings in the city of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
396-ll to read as follows:
S 396-LL. SALE OF GAS POWERED MOTORIZED SCOOTERS. 1. NO PERSON, FIRM,
CORPORATION, ASSOCIATION OR AGENT OR EMPLOYEE THEREOF SHALL IMPORT,
MANUFACTURE, SELL, HOLD FOR SALE, RENT OR LEASE A GAS POWERED MOTORIZED
SCOOTER IN A CITY OF ONE MILLION OR MORE PERSONS.
2. THE FOLLOWING DEFINITION IS APPLICABLE TO THIS SECTION: A "MOTOR-
IZED SCOOTER" MEANS ANY TWO-WHEELED DEVICE THAT HAS HANDLEBARS, IS
DESIGNED TO BE STOOD OR SAT UPON BY THE OPERATOR, AND IS POWERED BY A
GAS MOTOR THAT IS CAPABLE OF PROPELLING THE DEVICE WITHOUT HUMAN PROPUL-
SION AND IS NOT PRIMARILY DESIGNED TO BE PROPELLED BY HUMAN PROPULSION.
3. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
TORY TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
AGENT OR EMPLOYEE THEREOF HAS VIOLATED ANY PROVISION OF THIS SECTION, HE
OR SHE MAY BRING AN ACTION IN THE SUPREME COURT OF THE STATE OF NEW YORK
FOR A JUDGMENT ENJOINING THE CONTINUANCE OF SUCH VIOLATION AND FOR A
CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION,
EXCEPT THAT THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FOUR
THOUSAND DOLLARS IF THE VIOLATION IS KNOWING AND WILLFUL. IF IT SHALL
APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT
HAS VIOLATED ANY PROVISION OF THIS SECTION, NO PROOF SHALL BE REQUIRED
THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE DEFENDANT KNOWING-
LY OR INTENTIONALLY VIOLATED SUCH PROVISION. IN SUCH ACTION PRELIMINARY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05573-01-9
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RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL PRACTICE
LAW AND RULES.
4. BEFORE ANY VIOLATION OF THIS SECTION IS SOUGHT TO BE ENJOINED, THE
ATTORNEY GENERAL SHALL BE REQUIRED TO GIVE THE PERSON AGAINST WHOM SUCH
PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED MAIL AND AN OPPORTUNITY
TO SHOW IN WRITING WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF NOTICE WHY
PROCEEDINGS SHOULD NOT BE INSTITUTED AGAINST HIM OR HER, UNLESS THE
ATTORNEY GENERAL SHALL FIND, IN ANY CASE IN WHICH HE OR SHE SEEKS
PRELIMINARY RELIEF, THAT TO GIVE SUCH NOTICE AND OPPORTUNITY IS NOT IN
THE PUBLIC INTEREST.
5. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
GENERAL IS AUTHORIZED TO TAKE PROOF, ISSUE SUBPOENAS AND ADMINISTER
OATHS IN THE MANNER PROVIDED IN THE CIVIL PRACTICE LAW AND RULES.
6. IF ANY PROVISIONS OF THIS SECTION OR THE APPLICATION THEREOF TO ANY
PERSON OR CIRCUMSTANCES IS HELD UNCONSTITUTIONAL, SUCH INVALIDITY SHALL
NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE
GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS
END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
S 2. The vehicle and traffic law is amended by adding a new section
124 to read as follows:
S 124. MOTORIZED SCOOTER. ANY TWO-WHEELED DEVICE THAT HAS HANDLEBARS,
IS DESIGNED TO BE STOOD OR SAT UPON BY THE OPERATOR, AND IS POWERED BY
AN ELECTRIC MOTOR OR POWERED BY A GAS MOTOR THAT IS CAPABLE OF PROPEL-
LING THE DEVICE WITHOUT HUMAN PROPULSION AND IS NOT PRIMARILY DESIGNED
TO BE PROPELLED BY HUMAN PROPULSION.
S 3. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
S 125. Motor vehicles. Every vehicle operated or driven upon a public
highway which is propelled by any power other than muscular power,
except (a) electrically-driven mobility assistance devices operated or
driven by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside a city with a population of one
million or more, (b) vehicles which run only upon rails or tracks, (c)
snowmobiles as defined in article forty-seven of this chapter, [and] (d)
all terrain vehicles as defined in article forty-eight-B of this chapter
AND (E) A MOTORIZED SCOOTER AS DEFINED IN SECTION ONE HUNDRED
TWENTY-FOUR OF THIS ARTICLE. For the purposes of title four of this
chapter, the term motor vehicle shall exclude fire and police vehicles
other than ambulances. For the purposes of titles four and five of this
chapter the term motor vehicles shall exclude farm type tractors and all
terrain type vehicles used exclusively for agricultural purposes, or for
snow plowing, other than for hire, farm equipment, including self-pro-
pelled machines used exclusively in growing, harvesting or handling farm
produce, and self-propelled caterpillar or crawler-type equipment while
being operated on the contract site.
S 4. The multiple dwelling law is amended by adding a new section 60-a
to read as follows:
S 60-A. MOTORIZED SCOOTER STORAGE. 1. IT SHALL BE UNLAWFUL TO STORE A
GAS POWERED MOTORIZED SCOOTER, AS DEFINED IN SECTION ONE HUNDRED TWEN-
TY-FOUR OF THE VEHICLE AND TRAFFIC LAW, IN A MULTIPLE DWELLING LOCATED
IN A CITY OF ONE MILLION OR MORE PERSONS, EXCEPT AS PROVIDED IN SECTION
SIXTY OF THIS TITLE.
2. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION SHALL BE
SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS, PER
VIOLATION, EXCEPT THAT UPON A FINDING OF A THIRD VIOLATION, THE SUBJECT
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GAS POWERED MOTORIZED SCOOTER SHALL BE IMPOUNDED AND SUBJECT TO CIVIL
FORFEITURE PROCEEDINGS IN ACCORDANCE WITH EXISTING LAW.
S 5. Nothing in this act shall be deemed to limit the authority of a
county, city, town or village from adopting or amending a local law or
ordinance which imposes stricter restrictions and conditions on the sale
and/or storage of gas powered motorized scooters than are provided or
authorized by this act, so long as such local law or ordinance is
consistent with its authority to protect the order, conduct, health and
safety and general welfare of persons or property. Nothing in this act
shall be deemed to alter or invalidate any local law or ordinance
already in effect as of the effective date of this act.
S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the amendment, addition or repeal of any rule or regulation neces-
sary for the timely implementation of this act on its effective date is
hereby authorized and directed to be made on or before such effective
date.