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This entry was published on 2014-09-22
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SECTION 1220-A
Liability for violation of a local law prohibiting unlawful dumping in a city having a population of one million or more
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 7, ARTICLE 33
§ 1220-a. Liability for violation of a local law prohibiting unlawful
dumping in a city having a population of one million or more. 1. In a
city having a population of one million or more which has adopted a
local law prohibiting unlawful dumping by any person, his or her agent,
employee or any person under his or her control, the owner, operator or
owner-operator of a vehicle used in violation of such local law who is
found in violation of such local law where the environmental control
board of such city has determined that such violation involved a
substantial amount of materials or matter shall be subject to the
suspension of his or her driver's license, resident or non-resident
privilege to operate, or registration pursuant to subdivision two of
this section in addition to any civil and criminal penalties set forth
in such local law. For the purposes of this section, the following terms
shall have the following meanings: (a) "substantial amount" shall mean a
volume of at least two cubic yards; (b) "unlawful dumping" shall mean
suffering or permitting any dirt, sand, gravel, clay, loam, stone,
rocks, rubble, building rubbish, sawdust, shavings or trade or household
waste, refuse, ashes, manure, garbage, rubbish or debris of any sort or
any other organic or inorganic material or thing or other offensive
matter being transported in a dump truck or other vehicle to be dumped,
deposited or otherwise disposed of in or upon any street, lot, part,
public place or other area whether publicly or privately owned in a city
with a population of one million or more, except in a manner prescribed
by law, rule or regulation; (c) "owner" shall mean an owner as defined
in section one hundred twenty-eight and in subdivision three of section
three hundred eighty-eight of this chapter, provided, however, that
owner shall include any lessee or bailee of a vehicle having the
exclusive use thereof, under a lease or otherwise, for any period of
time; (d) "operator" shall mean any person who uses or operates a motor
vehicle with or without the express or implied consent of the owner; (e)
"owner-operator" shall mean any owner who uses or operates a motor
vehicle where such owner-operator is the owner of such motor vehicle;
and (f) "environmental control board" or "board" shall mean the
environmental control board of a city with a population of one million
or more.

2. Upon certification pursuant to the provisions of this section from
the environmental control board that there remains unpaid a civil
penalty imposed for a violation of a local law prohibiting unlawful
dumping, the commissioner shall suspend the driver's license, or
resident or non-resident privilege to operate, of an operator or
owner-operator found to be in violation of such local law and who has
failed to pay such civil penalty, and the registration of all vehicles
owned by an owner or owner-operator found to be in violation of such
local law and who has failed to pay such civil penalty. Such suspension
shall remain in effect until such board notifies the commissioner
pursuant to subdivision four of this section that such suspension shall
be terminated. Such certification and notice of termination shall be
made in the form and manner agreed upon between such environmental
control board and the commissioner.

3. Whenever an owner, operator or owner-operator has been found by the
environmental control board to be in violation of a local law
prohibiting unlawful dumping, and such owner, operator or owner-operator
has failed to make payment on a civil penalty imposed for such violation
within one hundred days of the date such civil penalty was imposed, such
board may certify such fact to the commissioner. Provided, however, that
prior to making such certification, notification shall be provided to
each such owner, operator or owner-operator pursuant to subdivision four
of this section. No such certification shall be made unless (a) such
civil penalty has remained unpaid one hundred days from the date such
civil penalty was imposed, either in full or in accordance with the
terms of any written payment schedule established by such board with the
consent of the person found in violation, and (b) such city with a
population of one million or more has complied with the notice
requirements pursuant to this section.

4. (a) A city with a population of one million or more which has
adopted a local law prohibiting unlawful dumping shall provide an owner,
operator, or owner-operator found to be in violation of such local law
with a minimum of two written notices stating that failure to make
payment on a civil penalty within one hundred days of the date such
civil penalty was imposed for such violation may result in certification
to the department to suspend the driver's license, privilege to operate,
or vehicle registration, as the case may be, unless, by such date, such
owner, operator or owner-operator makes full payment of such civil
penalty or enters into a written payment schedule established by such
board with the consent of such owner, operator or owner-operator and
continues to comply with the terms of such schedule. Such city shall
include one such written notice in the notice of violation served upon
such owner, operator or owner-operator for a violation of a local law
prohibiting unlawful dumping, and the environmental control board shall
send the second such written notice by first class mail to such owner,
operator or owner-operator not less than thirty days but in no event
more than sixty days prior to the date such board makes a certification
to the commissioner pursuant to this section.

(b) Upon the compliance of the owner, operator, or owner-operator with
the provisions of paragraph (c) of this subdivision, the board shall
notify the commissioner, within five business days of such compliance,
that the suspension imposed pursuant to subdivision two of this section
shall be terminated.

(c) An owner, operator or owner-operator who has received a notice
that his or her driver's license, privilege to operate a motor vehicle,
or vehicle registration, as the case may be, shall be suspended, may
avoid such suspension by: (i) making full payment of the civil penalty
to the board by the specified date; or (ii) entering into a written
payment schedule established by such board with the consent of such
owner, operator, or owner-operator by the specified date and complying
with the terms of such schedule.

5. Notwithstanding section one hundred fifty-five of this chapter or
any other provision of law, where a person has been adjudicated by such
environmental control board to be in violation of a local law described
in subdivision one of this section, such adjudication shall not have the
force and effect of a conviction of a traffic infraction, or a violation
of any provision of this chapter.