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
                               ___________

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
              

A. 3028                             2

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.