Bill Text: NY A06998 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes the parking protection act; provides that parking facilities shall display a sign stating the current applicable price of parking at such facilities; includes provisions on when a motor vehicle may be towed or immobilized and provides a limit to the cost of towing and storage of a vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to consumer affairs and protection [A06998 Detail]

Download: New_York-2021-A06998-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6998

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 19, 2021
                                       ___________

        Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
          tee 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:

     1    Section 1. This act shall be known and may be cited  as  the  "parking
     2  protection act".
     3    §  2.  The section heading, subdivisions 2 and 3, and paragraph (i) of
     4  subdivision 7 of section 399-v of the general business law, the  section
     5  heading and subdivision 2 as amended, and paragraph (i) of subdivision 7
     6  as added by chapter 328 of the laws of 2008 and subdivision 3 as amended
     7  by chapter 655 of the laws of 1997, are amended to read as follows:
     8    Parking  facilities; towing and immobilization of vehicles, posting of
     9  notices.
    10    2. (a) Every parking facility shall display prominently a  conspicuous
    11  notice stating the name, address and telephone number of the operator of
    12  the  parking  facility  together  with  the  name, address and telephone
    13  number of any individual or entity authorized to tow from  such  parking
    14  facility  any motor vehicle or the name, address and telephone number of
    15  any individual or entity authorized to place a device designed to  immo-
    16  bilize  any  motor  vehicle  in such parking facility. Such notice shall
    17  also state that unauthorized vehicles will be towed  or  immobilized  at
    18  the  vehicle owner's expense and shall state the cost for the towing and
    19  storage or for the immobilization.
    20    (b) All parking facilities shall  display  prominently  a  conspicuous
    21  sign,  not less than three feet by four feet in size, that unambiguously
    22  states the currently applicable price of parking at the facility and the
    23  period of time during which the price is valid. A higher price shall not
    24  take effect unless a sign providing notice of the change  in  price  has
    25  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.
                                                                   LBD06012-01-1

        A. 6998                             2

     1  price is intended to commence. The signs required under  this  paragraph
     2  shall  be  separate from the notice required under paragraph (a) of this
     3  subdivision and shall comply with and contain all of the following:
     4    (i) black letters on a white background;
     5    (ii) letters and numbers that are at least six inches in height;
     6    (iii) all letters shall be in the same font;
     7    (iv) all letters and numbers shall be proportionately spaced;
     8    (v) each type of rate shall be specified on a separate line; and
     9    (vi) no prices shall be expressed as a range.
    10    (c) No person shall be charged a price for parking except as set forth
    11  on the sign posted pursuant to paragraph (b) of this subdivision.
    12    3. (a) No owner or operator of a parking facility shall tow or author-
    13  ize the towing of any motor vehicle or immobilize or authorize the immo-
    14  bilization  of  any  motor  vehicle in such parking facility unless such
    15  owner or operator displays a notice pursuant to paragraph (a) of  subdi-
    16  vision  two of this section and the commercial tower is duly licensed by
    17  a municipality or local government.
    18    (b) No motor vehicle may be towed or immobilized:
    19    (i) unless the motor vehicle has, on at least two previous  occasions,
    20  parked  in  a manner inconsistent with law or posted instructions at the
    21  parking facility from which the owner seeks to have it towed or at which
    22  the owner seeks to have it immobilized; or
    23    (ii) when the vehicle is occupied by any person or live animal.
    24    (c) No vehicle towed pursuant to this section  shall  be  stored  more
    25  than ten miles from the parking facility from which is it removed. If no
    26  such  storage  facility is available, the closest available facility for
    27  storage shall be utilized. The storage facility must be a  secure  place
    28  for safekeeping vehicles.
    29    (d)  (i)  If  the  registered  owner or other person in control of the
    30  motor vehicle arrives at the scene prior to the removal of the  vehicle,
    31  and  the  vehicle  is connected to any apparatus for towing, the vehicle
    32  shall be removed from the apparatus and the registered  owner  or  other
    33  person  having  control  of  the  vehicle shall be allowed to remove the
    34  vehicle from the premises upon payment of a reasonable  service  fee  of
    35  not more than one-half of the charge allowed for towing.
    36    (ii)  A  person  who has immobilized a motor vehicle shall release the
    37  vehicle to the registered owner or other person in control of the  motor
    38  vehicle  within  thirty minutes of having received payment for the vehi-
    39  cle's release.
    40    (iii) A tow operator who  has  removed  a  motor  vehicle  under  this
    41  section,  or  person  who  has immobilized a vehicle under this section,
    42  shall accept for payment either cash or credit card, at the election  of
    43  the  owner or person in control of the vehicle and a receipt for payment
    44  shall be offered.
    45    (i) regulate the reasonable amount, which amount shall not exceed  one
    46  hundred twenty-five dollars total for the towing and first three days of
    47  storage  and  not  more  than fifteen dollars per day of storage for the
    48  fourth and subsequent days of  storage,  that  a  commercial  tower  may
    49  charge  for  the  towing and storage of a vehicle removed from a parking
    50  facility;
    51    § 3. This act shall take effect immediately.
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