N.Y. Vehicle & Traffic Law § 235: Jurisdiction

§ 235. Jurisdiction. 1. Notwithstanding any inconsistent provision of

any general, special or local law or administrative code to the

contrary, in any city which heretofore or hereafter is authorized to

establish an administrative tribunal: (a) to hear and determine

complaints of traffic infractions constituting parking, standing or

stopping violations, or (b) to adjudicate the liability of owners for

violations of subdivision (d) of section eleven hundred eleven of this

chapter imposed pursuant to a local law or ordinance imposing monetary

liability on the owner of a vehicle for failure of an operator thereof

to comply with traffic-control indications through the installation and

operation of traffic-control signal photo violation-monitoring systems,

in accordance with article twenty-four of this chapter, or (c) to

adjudicate the liability of owners for violations of subdivision (b),

(c), (d), (f) or (g) of section eleven hundred eighty of this chapter

imposed pursuant to a demonstration program imposing monetary liability

on the owner of a vehicle for failure of an operator thereof to comply

with such posted maximum speed limits through the installation and

operation of photo speed violation monitoring systems, in accordance

with article thirty of this chapter, or (d) to adjudicate the liability

of owners for violations of bus lane restrictions as defined by article

twenty-four of this chapter imposed pursuant to a bus rapid transit

program imposing monetary liability on the owner of a vehicle for

failure of an operator thereof to comply with such bus lane restrictions

through the installation and operation of bus lane photo devices, in

accordance with article twenty-four of this chapter, or (e) to

adjudicate the liability of owners for violations of toll collection

regulations imposed by certain public authorities pursuant to the law

authorizing such public authorities to impose monetary liability on the

owner of a vehicle for failure of an operator thereof to comply with

toll collection regulations of such public authorities through the

installation and operation of photo-monitoring systems, 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, or (f) to adjudicate the liability of owners for

violations of section eleven hundred seventy-four of this chapter when

meeting a school bus marked and equipped as provided in subdivisions

twenty and twenty-one-c of section three hundred seventy-five of this

chapter imposed pursuant to a local law or ordinance imposing monetary

liability on the owner of a vehicle for failure of an operator thereof

to comply with school bus red visual signals through the installation

and operation of school bus photo violation monitoring systems, in

accordance with article twenty-nine of this chapter, or (g) to

adjudicate the liability of owners for violations of section three

hundred eighty-five of this chapter and the rules of the applicable

covered agency or covered authority as such terms are defined in article

ten of this chapter in relation to gross vehicle weight and/or axle

weight violations imposed pursuant to a weigh in motion demonstration

program imposing monetary liability on the owner of a vehicle for

failure of an operator thereof to comply with such gross vehicle weight

and/or axle weight restrictions through the installation and operation

of weigh in motion violation monitoring systems, in accordance with

article ten of this chapter, or (h) to adjudicate the liability of

owners for violations of subdivision (b), (d), (f) or (g) of section

eleven hundred eighty of this chapter imposed pursuant to a

demonstration program imposing monetary liability on the owner of a

vehicle for failure of an operator thereof to comply with such posted

maximum speed limits within a highway construction or maintenance work

area through the installation and operation of photo speed violation

monitoring systems, in accordance with article thirty of this chapter,

or (i) to adjudicate the liability of owners for violations of bus

operation-related traffic regulations as defined by article twenty-four

of this chapter imposed pursuant to a demonstration program imposing

monetary liability on the owner of a vehicle for failure of an operator

thereof to comply with such bus operation-related traffic regulations

through the installation and operation of bus operation-related photo

devices, in accordance with article twenty-four of this chapter, such

tribunal and the rules and regulations pertaining thereto shall be

constituted in substantial conformance with the following sections.

1-a. (a) Notwithstanding any inconsistent provision of any general,

special or local law or administrative code to the contrary, in any

county, city, village, or town which heretofore or hereafter adopts a

local law or ordinance establishing a demonstration program imposing

monetary liability on the owner of a vehicle for failure of an operator

thereof to comply with school bus red visual signals through the

installation and operation of school bus photo violation monitoring

systems, in accordance with article twenty-nine of this chapter, such

county, city, village, or town shall also establish, by local law or

ordinance, an administrative tribunal to adjudicate the liability of

owners for violations of section eleven hundred seventy-four of this

chapter when meeting a school bus marked and equipped as provided in

subdivisions twenty and twenty-one-c of section three hundred

seventy-five of this chapter imposed pursuant to a local law or

ordinance imposing monetary liability on the owner of a vehicle for

failure of an operator thereof to comply with school bus red visual

signals through the installation and operation of school bus photo

violation monitoring systems, in accordance with article twenty-nine of

this chapter. Such tribunal and the rules and regulations pertaining

thereto shall be constituted in substantial conformance with the

following sections and the applicable provisions of article twenty-nine

of this chapter. Provided that a county, city, village, or town shall

establish such tribunal (i) no later than September first, two thousand

twenty-seven where such county, city, village, or town has established

and implemented the aforementioned demonstration program prior to the

date upon which this subdivision takes effect, and (ii) no later than

the date upon which such county, city, village, or town establishes and

implements the aforementioned demonstration program after the date upon

which this subdivision takes effect.

(b) Provided, however, that the provisions of paragraph (a) of this

subdivision requiring the establishment of an administrative tribunal

shall not apply to the city of New York wherein violations are

adjudicated by the New York city parking violations bureau, and shall

not apply to any county, city, village, or town in which such notices of

liability are required to be adjudicated within a traffic violations

bureau established pursuant to section three hundred seventy of the

general municipal law, court having jurisdiction, or parking violations

bureau pursuant to the local law or ordinance imposing such monetary

liability in accordance with article twenty-nine of this chapter and

such traffic violations bureau or parking violations bureau is

adjudicating such notices of liability or the chief administrative judge

or their designee approves the plan to adjudicate such notices of

liability in such court having jurisdiction.

2. Notwithstanding any inconsistent provision of any general, special

or local law or administrative code to the contrary, any city with a

population in excess of one hundred thousand persons according to the

nineteen hundred eighty United States census hereinafter referred to as

a city shall provide notice of parking violations and of the imposition

of additional penalties whenever the person who is liable therefor fails

to respond to the parking ticket in the manner designated thereon. Such

notice shall be in substantial conformance with the following

provisions:

a. Notice. (1) Whenever a city issues a notice of violation for a

parking violation, it shall be served in the manner prescribed by

subdivision two of section two hundred thirty-eight of this article.

(2) Whenever a person has been issued a notice of violation for a

parking violation and has not responded in the manner described in the

notice, a city shall give the owner a second notice of the violation by

regular first class mail: (i) within forty days of issuance of the first

notice of violation for a parking violation where the vehicle is a

vehicle registered in this state; or (ii) within forty days of the

receipt by such city of the name and address of the owner of the vehicle

where the vehicle is a vehicle registered in any other state. Such

second notice shall include, but not be limited to, the following

information:

(A) that the owner has a period of twenty days from issuance of the

second notice in which to respond to the notice of violation for a

parking violation;

(B) that failure to respond to the notice of violation for a parking

violation may result in the suspension and non-renewal of the owner's

registration;

(C) that failure to respond to the notice of violation for a parking

violation may subject the owner to additional penalties as provided in

paragraph b of this subdivision;

(D) that failure to respond to the notice of violation for a parking

violation shall subject the owner to a default judgment as provided in

paragraph c of this subdivision and the additional penalties imposed

upon parking violations pursuant to paragraph b of this subdivision; and

(E) that submission of a plea of guilty to the parking violation makes

the owner liable for payment of the stated fine and additional penalties

imposed pursuant to paragraph b of this subdivision and the mandatory

surcharge of fifteen dollars imposed upon parking violations pursuant to

section eighteen hundred nine-a of this chapter.

b. Additional penalties. (1) For the purposes of this paragraph, each

locality shall determine an initial response date of not less than eight

days nor more than thirty days, after which time a penalty may be

imposed. The liability for such initial penalty shall commence on the

date following the initial response date.

(2) Failure to respond to a notice of violation for a parking

violation by the initial response date may result in the liability for a

penalty in an amount of the fine indicated on the notice of violation

for a parking violation; where a city has given a second notice pursuant

to paragraph a of this subdivision, the following schedule of additional

penalties may apply:

(A) failure to respond to a notice of violation for a parking

violation by the initial response date may result in the liability for

an additional penalty not to exceed ten dollars or, if the first penalty

assessed by a city does not exceed five dollars, such city may assess an

additional penalty within thirty-one to seventy-five days not to exceed

ten dollars; and

(B) where a city has given a second notice pursuant to paragraph a of

this subdivision failure to respond to a notice of violation for a

parking violation within seventy-five days may result in the liability,

commencing on the seventy-sixth day, for an additional penalty not to

exceed twenty dollars.

(3) Where the additional penalty schedule set forth in subparagraph

two of this paragraph, as interpreted in 9 New York Code of Rules and

Regulations Part 6180, has not been implemented by a city and is not in

effect in such city on or before January first, nineteen hundred

ninety-three, the provisions of this paragraph shall not apply. For the

purposes of this subdivision, the provisions of this paragraph shall not

be considered to have been implemented and in effect unless the penalty

schedule contained herein shall have been applied to parking violations

issued in such city on or before January first, nineteen hundred

ninety-three.

b-1. Alternate additional penalty schedule. In any city in which the

schedule of penalties contained in subparagraph two of paragraph b of

this subdivision, as interpreted in 9 New York Code of Rules and

Regulations Part 6180, has not been implemented and was not in effect on

or before January first, nineteen hundred ninety-three, the provisions

of this paragraph shall only apply upon enactment of a local law

containing the penalty schedule provided in this paragraph prior to

March 28, 1993. Following the enactment of such a local law, such city

may elect to impose the additional penalties set forth in subparagraphs

one and two of this paragraph for failure to respond to a notice of

violation for a parking violation in accordance with this paragraph. In

the event that no such local law was enacted prior to March 28, 1993,

the alternate additional penalty schedule set forth in paragraph b-2 of

this subdivision shall apply.

(1) Failure to respond to a notice of violation for a parking

violation within thirty days shall result in liability, commencing on

the thirty-first day, for an additional penalty in an amount not to

exceed ten dollars, indicated on the notice of violation for a parking

violation; where a city has given a second notice pursuant to paragraph

a of this subdivision failure to respond to a notice of violation for a

parking violation within forty-five days may result in liability,

commencing on the forty-sixth day, for the penalty prescribed above for

failure to respond within thirty days and an additional penalty not to

exceed twenty dollars; and where a city has given a second notice

pursuant to paragraph a of this subdivision failure to respond to a

notice of violation for a parking violation within seventy-five days may

result in liability, commencing on the seventy-sixth day, for the

penalties prescribed above for failure to respond within thirty days and

for failure to respond within forty-five days and an additional penalty

not to exceed thirty dollars.

(2) Notwithstanding the foregoing schedule of alternative additional

penalties, if an owner makes a plea or appears within twenty days after

issuance of a second notice of violation in accordance with paragraph a

of this subdivision, or prior to such mailing, such additional penalty

shall not exceed ten dollars.

b-2. Alternate additional penalty schedule. In any city in which the

schedule of penalties contained in paragraph b of this subdivision, as

interpreted in 9 New York Code of Rules and Regulations Part 6180, has

not been implemented and was not in effect on or before January first,

nineteen hundred ninety-three and which has not enacted a local law

pursuant to paragraph b-1 of this subdivision prior to March 28, 1993,

the following alternate additional penalty schedule shall apply:

(1) Failure to respond to a notice of violation for a parking

violation within eight days may result in the liability, commencing on

the ninth day, for an additional penalty in an amount not to exceed five

dollars;

(2) Failure to respond to a notice of violation for a parking

violation within thirty days may result in the liability, commencing on

the thirty-first day, for the penalty prescribed above for failure to

respond within eight days and an additional penalty not to exceed ten

dollars or, if the first penalty assessed by the city does not exceed

five dollars, such city may assess an additional penalty within

thirty-one to seventy-five days not to exceed ten dollars;

(3) Where a city has given a second notice pursuant to paragraph a of

this subdivision failure to respond to a notice of violation for a

parking violation within seventy-five days may result in the liability,

commencing on the seventy-sixth day, for the penalties prescribed above

for failure to respond within eight days and for failure to respond

within thirty days and an additional penalty not to exceed twenty

dollars; and

(4) Notwithstanding the foregoing schedule of alternate penalties, if

an owner makes a plea or appears within twenty days after issuance of a

second notice of violation in accordance with paragraph a of this

subdivision, or prior to such mailing, such additional penalty shall not

exceed five dollars.

c. Default judgment. Where a city has given notice pursuant to

paragraph a of this subdivision, failure to respond to a notice of

violation for a parking violation within ninety days shall be deemed an

admission of liability and shall subject the owner to a default judgment

being entered thereon in an amount not greater than the amount of the

original fine and accrued penalties plus any applicable surcharges. Such

default shall be reported to the department which department shall cause

a suspension and non-renewal of the owner's registration pursuant to the

provisions of subdivision four-c of section five hundred ten of this

chapter.

3. Nothing set forth in this article shall a. be construed to

authorize the imposition of monetary liability on the owner of a vehicle

for failure of an operator thereof to comply with any provision of law,

rule or regulation through the installation and operation of a photo

enforcement device or system, except as otherwise explicitly authorized

by article twenty-four, twenty-nine or thirty of this chapter, by

section two thousand nine hundred eighty-five of the public authorities

law, or by sections sixteen-a, sixteen-b and sixteen-c of chapter seven

hundred seventy-four of the laws of nineteen hundred fifty, nor b. be

construed to grant any municipality the authority to establish by local

law, ordinance, order, rule, regulation, resolution or any other means,

an administrative tribunal to hear and determine complaints of traffic

infractions or jurisdiction to adjudicate any liability set forth in

subdivision one of this section except for the adjudication of liability

by a traffic camera violations bureau as authorized pursuant to

subdivision one of section two hundred thirty-seven-a of this article.