N.Y. General Business Law § 399-x: Towed motor vehicles

§ 399-x. Towed motor vehicles. 1. Definitions. a. For the purposes of

this section, a "commercial tower" shall be defined as any person, firm,

partnership, corporation or association that engages in commercial

towing, as defined in section one hundred seven-b of the vehicle and

traffic law, whether by contract or other agreement.

b. For the purposes of this section, a "storage lot operator" shall

mean any person, firm, partnership, corporation or association that

engages, whether by contract or other agreement, in the storage of motor

vehicles removed by a commercial tower.

c. For the purposes of this section, a "towed motor vehicle" shall be

defined as any motor vehicle removed by a commercial tower without the

prior consent or authorization of such motor vehicle owner.

2. Requirements. Each and every commercial tower or storage lot

operator, which requires the payment by an owner of a towed motor

vehicle of all or part of the towing and/or storage charges associated

with the towing and/or storage of such owner's motor vehicle as a

precondition to the release of such motor vehicle to such owner or his

or her authorized representative, and which accepts credit cards or

debit cards, as those terms are defined in section five hundred eleven

of this chapter as forms of payment in the ordinary course of business,

must accept each of these forms of payment for such towing and/or

storage charges.

3. Penalties. (a) Whenever there shall be a violation of this section,

an application may be made by the attorney general in the name of the

people of the state of New York to a court or justice having

jurisdiction to issue an injunction, and upon notice to the defendant of

not less than five days, to enjoin and restrain the continuance of such

violations; and if it shall appear to the satisfaction of the court or

justice that the defendant has, in fact, violated this section, an

injunction may be issued by such court or justice, enjoining and

restraining any further violation, without requiring proof that any

person has, in fact, been injured or damaged thereby. In any such

proceeding the court may make allowances to the attorney general as

provided in paragraph six of subdivision (a) of section eighty-three

hundred three of the civil practice law and rules, and direct

restitution. Whenever the court shall determine that a violation of this

section has occurred, the court may impose a civil penalty of not less

than fifty dollars and not more than one thousand dollars for each such

violation. In connection with any such proposed application, the

attorney general is authorized to take proof and make a determination of

the relevant facts and to issue subpoenas in accordance with the civil

practice law and rules.

(b) The provisions of this section may be enforced concurrently by the

town attorney, city corporation counsel, or other lawful designee of a

municipality or local government, and all moneys collected thereunder

shall be retained by such municipality or local government.

4. Applicability. The provisions of this section shall not apply to

commercial towers or storage lot operators operating wholly within

cities having a population of one million or more.