Establishes that no owner or operator of a parking facility shall tow any motor vehicle from any parking facility that is left unattended unless such owner or operator is physically present when such vehicle is towed; establishes that no owner or operator of a parking facility shall immobilize or authorize the immobilization of any motor vehicle in a parking facility; requires a commercial tower be licensed by a municipality or local government.
S T A T E O F N E W Y O R K
________________________________________________________________________
10242
I N A S S E M B L Y
March 26, 2018
___________
Introduced by M. of A. RYAN -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the regulation
of parking facilities and towing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2 and 3 of section 399-v of the general busi-
ness law, subdivision 2 as amended by chapter 328 of the laws of 2008,
and subdivision 3 as amended by chapter 655 of the laws of 1997, are
amended and two new subdivisions 8 and 9 are added to read as follows:
2. (A) Every parking facility shall display prominently a conspicuous
notice stating the name, address and telephone number of the operator of
the parking facility together with the name, address and telephone
number of any individual or entity authorized to tow from such parking
facility [any motor vehicle or the name, address and telephone number of
any individual or entity authorized to place a device designed to immo-
bilize any motor vehicle in such parking facility]. Such notice shall
also state that unauthorized vehicles will be towed at the vehicle
owner's expense.
(B) ALL PARKING FACILITIES SHALL DISPLAY PROMINENTLY A CONSPICUOUS
NOTICE DISPLAYING THE ACTUAL PRICE OF PARKING IN SUCH FACILITY. SUCH
SIGN OR POSTER MUST HAVE CONSPICUOUS LETTERING IN AT LEAST SEVENTY-TWO
POINT BOLD FACE TYPE THAT STATES THE PRICE OF PARKING IN SUCH LOT. NO
PERSON SHALL BE CHARGED A PRICE FOR PARKING EXCEPT AS SET FORTH ON SUCH
NOTICE.
3. No owner or operator of a parking facility shall tow or authorize
the towing of any motor vehicle [or immobilize or authorize the immobi-
lization of any motor vehicle] in such parking facility unless such
owner or operator displays a notice pursuant to subdivision two of this
section AND THE COMMERCIAL TOWER IS LICENSED BY A MUNICIPALITY OR LOCAL
GOVERNMENT.
8. NO OWNER OR OPERATOR OF A PARKING FACILITY SHALL TOW OR AUTHORIZE
THE TOWING OF ANY MOTOR VEHICLE FROM ANY PARKING FACILITY THAT IS LEFT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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