S T A T E O F N E W Y O R K
________________________________________________________________________
1017
2017-2018 Regular Sessions
I N A S S E M B L Y
January 10, 2017
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to abandoned
vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 207 of the vehicle and traffic
law, as amended by chapter 173 of the laws of 1990, is amended to read
as follows:
1. Except as otherwise provided, the commissioner shall be authorized
to prescribe the form of summons and complaint in all cases involving a
violation of any provision of this chapter, including [section] SECTIONS
twelve hundred three-c AND TWELVE HUNDRED TWENTY-FOUR, or of any
provision of the tax law or of the transportation law regulating traf-
fic, or of any ordinance, rule or regulation relating to traffic, and to
establish procedures for proper administrative controls over the dispo-
sition thereof. The commissioner is not authorized to prescribe the form
of summons and complaint for parking, stopping or standing violations or
a violation of article forty-seven or forty-eight of this chapter.
§ 2. Paragraphs (b), (c), (d), and (e) of subdivision 7 of section
1224 of the vehicle and traffic law are relettered paragraphs (c), (d),
(e), and (f) and a new paragraph (b) is added to read as follows:
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ADDITION TO THOSE
PERSONS OTHERWISE AUTHORIZED TO ENFORCE THIS SUBDIVISION AND ADJUDICATE
VIOLATIONS THEREOF, THIS SUBDIVISION SHALL ALSO BE ENFORCEABLE, EXCEPT
IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IN A CITY COURT,
DISTRICT COURT, OR JUSTICE COURT WITHIN THE MUNICIPALITY IN WHICH A
VIOLATION OF THIS SUBDIVISION IS ALLEGED TO HAVE OCCURRED. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, SERVICE OF A NOTICE OF VIOLATION FOR A
VIOLATION OF THIS SUBDIVISION COMMITTED IN SUCH MUNICIPALITY SHALL BE
MADE UPON AN OWNER BY FIRST-CLASS MAIL, POSTAGE PREPAID, ACCOMPANIED BY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01453-01-7
A. 1017 2
A CERTIFICATE OF MAILING FROM THE UNITED STATES POSTAL SERVICE AND ANY
SUCH NOTICE SERVED BY MAIL SHALL BE RETURNABLE TO SUCH MUNICIPALITY.
SERVICE SHALL BE DEEMED COMPLETE UPON MAILING OF THE NOTICE OF
VIOLATION, TO THE OWNER'S LAST KNOWN PLACE OF RESIDENCE OR LAST KNOWN
POST-OFFICE ADDRESS, UNLESS THE NOTICE OF VIOLATION IS RETURNED TO THE
SENDER BY THE UNITED STATES POSTAL SERVICE FOR ANY REASON OTHER THAN
REFUSAL OF DELIVERY.
§ 3. Subdivision 9 of section 1224 of the vehicle and traffic law, as
amended by chapter 795 of the laws of 1974, is amended to read as
follows:
9. The last owner of an abandoned vehicle shall be liable to such
local authority for the costs of removal [and], storage AND DISPOSAL of
such vehicle.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.