237 - Functions, powers and duties.
§ 237. Functions, powers and duties. The parking violations bureau shall have the following functions, powers and duties: 1. To accept pleas to, and to hear and determine, charges of parking violations and, except in a city with a population of one million or more, abandoned vehicle violations; * 2. To provide for penalties other than imprisonment for (a) parking violations in accordance with a schedule of monetary fines and penalties, provided however, that monetary penalties shall not exceed fifty dollars for each parking violation other than (i) in a city with a population of one million or more, violations committed in spaces where stopping or standing is prohibited for which monetary penalties shall not exceed one hundred dollars and, (ii) handicapped parking violations for which monetary penalties shall not exceed one hundred fifty dollars; and (b) abandoned vehicle violations, except in a city with a population of one million or more, provided however, that monetary penalties shall not be less than two hundred fifty dollars nor more than one thousand dollars for each abandoned vehicle violation; * NB Effective until October 29, 2010 * 2. To provide for penalties other than imprisonment for (a) parking violations in accordance with a schedule of monetary fines and penalties, provided however, that monetary penalties shall not exceed fifty dollars for each parking violation other than (i) in a city with a population of one million or more, violations committed in spaces where stopping or standing is prohibited for which monetary penalties shall not exceed one hundred dollars and, (ii) handicapped parking violations for which monetary penalties shall not exceed one hundred fifty dollars; and (b) abandoned vehicle violations, except in a city with a population of one million or more, provided however, that monetary penalties shall not be less than two hundred fifty dollars nor more than one thousand dollars for each abandoned vehicle violation; and (c) a city with a population of one million or more may impose a monetary penalty of up to two hundred fifty dollars for a first offense and up to five hundred dollars for subsequent offenses within a six month period for tractor-trailer combinations, tractors, truck trailers and semi-trailers parked overnight on streets in residential neighborhoods; * NB Effective October 29, 2010 3. To adopt rules and regulations not inconsistent with any applicable provision of law to carry out the purposes of this article, including but not limited to rules and regulations prescribing the internal procedures and organization of the bureau, the manner and time of entering pleas, the conduct of hearings, and the amount and manner of payment of penalties; 4. To issue subpoenas to compel the attendance of persons to give testimony at hearings and to compel the production of relevant books, papers and other things; 5. To enter judgments and enforce them, without court proceedings, in the same manner as the enforcement of money judgments in civil actions in any court of competent jurisdiction or any other place provided for the entry of civil judgment within the state of New York; 6. To compile and maintain complete and accurate records relating to all charges and dispositions and to prepare complete and accurate transcripts of all hearings conducted by the bureau and to furnish such transcripts to the person charged at said person's own expense upon timely request, and upon said person complying with the regulations of the bureau; 7. To remit to the finance administrator, or other appropriate finance officer, on or before the fifteenth day of each month, all monetary penalties or fees received by the bureau during the prior calendarmonth, along with a statement thereof, and, at the same time, to file duplicate copies of such statement with the comptroller; 8. To answer within a reasonable period of time all relevant and reasonable inquiries made by a person charged with a parking violation or his attorney concerning the notice of violation served on that person. The bureau must also furnish within a reasonable period of time to the person charged on his request, and upon complying with the regulations of the bureau, a copy of the original notice of violation including all information contained thereon. Failure by the bureau to comply with the provisions of this subdivision or any part of the provisions of this subdivision, within forty-five days of such inquiry, forwarded to the bureau by certified or registered mail, return receipt requested, will result, upon the request of the person charged, in an automatic dismissal of all charges relating to and only to that notice of violation to which the inquiry was made; * 9. To prepare and issue a notice of violation in blank to members of the police department, the fire department, the traffic department and to other officers as the bureau by regulation shall determine. The notice of violation or duplicate thereof, when filled in and sworn to or affirmed by such designated officers, and served as provided in this article, shall constitute notice of the parking violation charged; * NB Effective until December 1, 2014 * 9. To prepare and issue a notice of violation in blank to members of the police department, the fire department, the traffic department and to other officers as the bureau by regulation shall determine. The notice of violation or duplicate thereof, when filled in and sworn to or affirmed by such designated officers, and served as provided in this article, shall constitute notice of the parking violation charged. * NB Effective December 1, 2014 * 10. To adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter or section eleven hundred eleven-b of this chapter as added by section sixteen of the chapter of the laws of two thousand nine which amended this subdivision, if authorized by local law adopted pursuant to subdivision (a) of such section eleven hundred eleven-a or pursuant to subdivision (a) of such section eleven hundred eleven-b as added by section sixteen of the chapter of the laws of two thousand nine which amended this subdivision; * NB Effective until December 1, 2014 * 10. To adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter as added by section sixteen of the chapter of the laws of two thousand nine which added this subdivision, if authorized by local law adopted pursuant to subdivision (a) of such section eleven hundred eleven-b as added by section sixteen of the chapter of the laws of two thousand nine which added this subdivision. * NB Effective and Repealed December 1, 2014 * 11. To adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; * NB Effective until September 20, 2015 * 11. To adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with theprovisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty. * NB Effective September 20, 2015 * 12. To adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section. * NB Repealed September 20, 2015