N.Y. Comp. Codes R. & Regs. tit. 9 § 296-1.12

Current through Register Vol. 46, No. 25, June 18, 2024

Section 296-1.12 - Violations of rules: parking

(a) The owner and/or operator of any vehicle found in violation of this Part or the parking rules of the Division of Facilities Planning and Operation in Chapter IV, Subchapter B of this Subtitle will receive a parking citation for parking violation.

(b) Any vehicle that does not display a valid permit to park in an assigned permit area shall be subject to the installation of a "booting" device by the Office of General Services, in accordance with the following procedures:

(1) Upon the first violation, vehicle owners will be given written notice placed in a conspicuous location on the vehicle that the vehicle is not authorized to park in such area and that any future violation will result in the imposition of fines, the installation of a booting device, and towing of the vehicle without further notice.

(2) Any vehicle that has been the subject of a previous written notice of violation shall have a booting device installed on the vehicle, until such time as the vehicle can be later towed. If the vehicle operator arrives before the tow operator arrives, the OGS representative will remove the boot only upon payment of a $50 service charge and any outstanding parking fees owed to the OGS.

(c) The towing of vehicles is permissible when a vehicle is found parked in a parking facility other than the one for which it has a permit (unless prior approval has been received from the Bureau of Parking Services).

(1) A vehicle may be removed to a garage, automobile pount or other place of safety under the following circumstances:

(i) when a vehicle is found unattended which constitutes and obstruction to traffic; or

(ii) when a vehicle is found stopped, standing or parked in violation of this Part; or

(iii) when a vehicle is found parked displaying an altered parking permit; or

(iv) when a vehicle is under suspension and found in violation of such suspension.

(2) The contents of all vehicles towed away by or on behalf of the appropriate OGS officials may be inventoried, and any contraband material found in the vehicle will be confiscated. The list of the contents of the vehicle will be signed by the tow truck operator and the OGS official.

(3) The owner or other person lawfully entitled to the possession of such vehicle may be charged a reasonable cost for its removal and storage, payable before the vehicle is released.

(d) Suspension of parking privileges (applicable to administrative citations only.)

(1) Persons who receive three citations for parking violations within a six-month period shall have their parking privileges suspended for a period not to exceed 30 calendar days.

(2) Any suspension will begin three days after service of a notice of suspension.

(3) Persons found in violation of suspension will receive a citation of parking violation and have their vehicle towed from the parking facility as described under subdivision (c) of this section.

(4) If, after the completion of a 30-day suspension period, a person receives three or more citations within a six-month period, that person will be suspended for a 45-day period.

(5) Any person subject to a third suspension within an 18-month period shall be considered a habitual violator and will be suspended for 60 days for such suspension and 60 days for all subsequent suspensions. When a vehicle is found parked displaying an altered parking permit, the permit holder and/or operator of the vehicle shall have their parking privileges suspended for a period of 60 days beginning on the day the vehicle is found in violation. An altered parking permit is defined as any authorized parking permit which has been duplicated, or a portion of which has been altered, erased, obliterated, removed or covered in order to conceal its original design and purpose.

(e) For administrative citations or suspensions issued at OGS parking facilities, appeals may be made to the following officials in this order:

(1) In the Albany area, the supervisor of parking operations; outside the Albany area the OGS building superintendent or equivalent.

(2) Chief of parking services.

(3) Director, Division of Support Services.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 296-1.12