S T A T E O F N E W Y O R K
________________________________________________________________________
8461
2019-2020 Regular Sessions
I N A S S E M B L Y
July 8, 2019
___________
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 establishing
the parking protection act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "parking
protection act".
§ 2. The section heading, subdivisions 2 and 3, and paragraph (i) of
subdivision 7 of section 399-v of the general business law, the section
heading and subdivision 2 as amended, and paragraph (i) of subdivision 7
as added by chapter 328 of the laws of 2008 and subdivision 3 as amended
by chapter 655 of the laws of 1997, are amended to read as follows:
Parking facilities; towing AND IMMOBILIZATION of vehicles, posting of
notices.
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 OR IMMOBILIZED at
the vehicle owner's expense AND SHALL STATE THE COST FOR THE TOWING AND
STORAGE OR FOR THE IMMOBILIZATION.
(B) ALL PARKING FACILITIES SHALL DISPLAY PROMINENTLY A CONSPICUOUS
SIGN, NOT LESS THAN THREE FEET BY FOUR FEET IN SIZE, THAT UNAMBIGUOUSLY
STATES THE CURRENTLY APPLICABLE PRICE OF PARKING AT THE FACILITY AND THE
PERIOD OF TIME DURING WHICH THE PRICE IS VALID. A HIGHER PRICE SHALL NOT
TAKE EFFECT UNLESS A SIGN PROVIDING NOTICE OF THE CHANGE IN PRICE HAS
BEEN POSTED AT LEAST ONE HOUR PRIOR TO THE TIME AT WHICH THE HIGHER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13117-01-9
A. 8461 2
PRICE IS INTENDED TO COMMENCE. THE SIGNS REQUIRED UNDER THIS PARAGRAPH
SHALL BE SEPARATE FROM THE NOTICE REQUIRED UNDER PARAGRAPH (A) OF THIS
SUBDIVISION AND SHALL COMPLY WITH AND CONTAIN ALL OF THE FOLLOWING:
(I) BLACK LETTERS ON A WHITE BACKGROUND;
(II) LETTERS AND NUMBERS THAT ARE AT LEAST SIX INCHES IN HEIGHT;
(III) ALL LETTERS SHALL BE IN THE SAME FONT;
(IV) ALL LETTERS AND NUMBERS SHALL BE PROPORTIONATELY SPACED;
(V) EACH TYPE OF RATE SHALL BE SPECIFIED ON A SEPARATE LINE; AND
(VI) NO PRICES SHALL BE EXPRESSED AS A RANGE.
(C) NO PERSON SHALL BE CHARGED A PRICE FOR PARKING EXCEPT AS SET FORTH
ON THE SIGN POSTED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
3. (A) No owner or operator of a parking facility shall tow or author-
ize the towing of any motor vehicle or immobilize or authorize the immo-
bilization of any motor vehicle in such parking facility unless such
owner or operator displays a notice pursuant to PARAGRAPH (A) OF subdi-
vision two of this section AND THE COMMERCIAL TOWER IS DULY LICENSED BY
A MUNICIPALITY OR LOCAL GOVERNMENT.
(B) NO MOTOR VEHICLE MAY BE TOWED OR IMMOBILIZED:
(I) UNLESS THE MOTOR VEHICLE HAS, ON AT LEAST TWO PREVIOUS OCCASIONS,
PARKED IN A MANNER INCONSISTENT WITH LAW OR POSTED INSTRUCTIONS AT THE
PARKING FACILITY FROM WHICH THE OWNER SEEKS TO HAVE IT TOWED OR AT WHICH
THE OWNER SEEKS TO HAVE IT IMMOBILIZED; OR
(II) WHEN THE VEHICLE IS OCCUPIED BY ANY PERSON OR LIVE ANIMAL.
(C) NO VEHICLE TOWED PURSUANT TO THIS SECTION SHALL BE STORED MORE
THAN TEN MILES FROM THE PARKING FACILITY FROM WHICH IS IT REMOVED. IF NO
SUCH STORAGE FACILITY IS AVAILABLE, THE CLOSEST AVAILABLE FACILITY FOR
STORAGE SHALL BE UTILIZED. THE STORAGE FACILITY MUST BE A SECURE PLACE
FOR SAFEKEEPING VEHICLES.
(D) (I) IF THE REGISTERED OWNER OR OTHER PERSON IN CONTROL OF THE
MOTOR VEHICLE ARRIVES AT THE SCENE PRIOR TO THE REMOVAL OF THE VEHICLE,
AND THE VEHICLE IS CONNECTED TO ANY APPARATUS FOR TOWING, THE VEHICLE
SHALL BE REMOVED FROM THE APPARATUS AND THE REGISTERED OWNER OR OTHER
PERSON HAVING CONTROL OF THE VEHICLE SHALL BE ALLOWED TO REMOVE THE
VEHICLE FROM THE PREMISES UPON PAYMENT OF A REASONABLE SERVICE FEE OF
NOT MORE THAN ONE-HALF OF THE CHARGE ALLOWED FOR TOWING.
(II) A PERSON WHO HAS IMMOBILIZED A MOTOR VEHICLE SHALL RELEASE THE
VEHICLE TO THE REGISTERED OWNER OR OTHER PERSON IN CONTROL OF THE MOTOR
VEHICLE WITHIN THIRTY MINUTES OF HAVING RECEIVED PAYMENT FOR THE VEHI-
CLE'S RELEASE.
(III) A TOW OPERATOR WHO HAS REMOVED A MOTOR VEHICLE UNDER THIS
SECTION, OR PERSON WHO HAS IMMOBILIZED A VEHICLE UNDER THIS SECTION,
SHALL ACCEPT FOR PAYMENT EITHER CASH OR CREDIT CARD, AT THE ELECTION OF
THE OWNER OR PERSON IN CONTROL OF THE VEHICLE AND A RECEIPT FOR PAYMENT
SHALL BE OFFERED.
(i) regulate the reasonable amount, WHICH AMOUNT SHALL NOT EXCEED ONE
HUNDRED TWENTY-FIVE DOLLARS TOTAL FOR THE TOWING AND FIRST THREE DAYS OF
STORAGE AND NOT MORE THAN FIFTEEN DOLLARS PER DAY OF STORAGE FOR THE
FOURTH AND SUBSEQUENT DAYS OF STORAGE, that a commercial tower may
charge for the towing and storage of a vehicle removed from a parking
facility;
§ 3. This act shall take effect immediately.