N.Y. Vehicle & Traffic Law § 1220-a: Liability for violation of a local law prohibiting unlawful dumping in a city having a population of one million or more

§ 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.