S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3184

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M. of A. BRENNAN, DINOWITZ, WEPRIN -- Multi-Sponsored by
  -- M. of A. COLTON, HOOPER, MAISEL, ROBINSON -- read once and referred
  to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  booting  of
  motor vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Title 8 of the vehicle and traffic law is amended by adding
a new article 44-B to read as follows:
                               ARTICLE 44-B
                        BOOTING OF MOTOR VEHICLES
SECTION 1700. DEFINITIONS.
        1701. APPLICABILITY.
        1702. LICENSURE AND REGISTRATION.
        1703. COMPENSATION AND RECORDS.
        1704. APPLICATION, SIGNS, CHARGES AND RELEASE OF VEHICLES.
        1705. SUSPENSION, REVOCATION AND RENEWAL OF LICENSE.
        1706. ENFORCEMENT AND PENALTIES.
        1707. RULES.
  S 1700. DEFINITIONS.   FOR PURPOSES OF  THIS  ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "BOOT" OR "BOOTING" SHALL MEAN THE ACT OF PLACING ON A PARKED MOTOR
VEHICLE A MECHANICAL DEVICE THAT IS DESIGNED TO BE ATTACHED TO THE WHEEL
OR TIRE OR OTHER PART OF SUCH VEHICLE SO AS TO PROHIBIT ITS USUAL MANNER
OF MOVEMENT;
  2. "PERSON" SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSO-
CIATION, FIRM OR OTHER BUSINESS ENTITY;
  3.  "PRIVATE PARKING LOT" SHALL MEAN ANY AREA OF PRIVATE PROPERTY NEAR
OR CONTIGUOUS TO PREMISES HAVING ONE OR MORE STORES OR  BUSINESS  ESTAB-
LISHMENTS  WHICH  IS USED FOR THE PARKING OF MOTOR VEHICLES OF CUSTOMERS
OR PATRONS OR ANYONE WHO FREQUENTS SUCH STORES AND  BUSINESS  ESTABLISH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06246-01-3
              

A. 3184                             2

MENTS,  BUT SHALL BE LIMITED TO SUCH AREAS AS ARE PROVIDED TO THE PUBLIC
WITHOUT CHARGE; AND
  4. "PRIVATE STREET" SHALL MEAN EVERY WAY OR PLACE IN PRIVATE OWNERSHIP
THAT  IS USED FOR VEHICULAR TRAVEL BY THE OWNER AND THOSE HAVING EXPRESS
OR IMPLIED PERMISSION OF THE OWNER OR THAT MAY BE USED BY THE PUBLIC FOR
VEHICULAR TRAVEL.
  S 1701. APPLICABILITY. 1. THE PROVISIONS OF  THIS  ARTICLE  SHALL  NOT
APPLY TO THE BOOTING OF A MOTOR VEHICLE BY:
  (A)  A CITY, ANY OTHER POLITICAL SUBDIVISION, OR A PERSON ACTING UNDER
THE DIRECTION OF A CITY OR SUCH POLITICAL SUBDIVISION, WHEN SUCH BOOTING
IS AUTHORIZED BY ANY OTHER PROVISION OF LAW OR ANY  RULE  OR  REGULATION
PROMULGATED PURSUANT THERETO; OR
  (B)  ANY  PERSON  WHO HAS A LIEN AND WHO DETAINS SUCH MOTOR VEHICLE IN
HIS OR HER LAWFUL POSSESSION.
  2. WHERE A POLITICAL SUBDIVISION REGULATES THE  PRACTICE  OF  BOOTING,
SUCH  REGULATION  SHALL  AT A MINIMUM COMPLY WITH THE PROVISIONS OF THIS
ARTICLE; PROVIDED THAT NOTHING HEREIN SHALL PREEMPT  THE  PROVISIONS  OF
ANY LOCAL LAW THAT IMPOSES MORE RESTRICTIVE REQUIREMENTS OR REGULATIONS.
  S 1702. LICENSURE AND REGISTRATION. 1. NO PERSON SHALL ENGAGE IN BOOT-
ING  WITHOUT  HAVING  FIRST OBTAINED A LICENSE THEREFOR PURSUANT TO THIS
SECTION AND MEET ANY ADDITIONAL CRITERIA ESTABLISHED  BY  THE  POLITICAL
SUBDIVISION. NO PERSON SHALL BE AN EMPLOYEE OF A LICENSEE WITHOUT HAVING
FIRST  SUBMITTED  TO  A  BACKGROUND CHECK, REGISTERED WITH THE POLITICAL
SUBDIVISION AND MET ANY ADDITIONAL CRITERIA ESTABLISHED BY THE POLITICAL
SUBDIVISION.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
AN  INDIVIDUAL  SHALL  NOT  REQUIRE  A  LICENSE  ISSUED PURSUANT TO THIS
SECTION WHERE SUCH INDIVIDUAL IS AN EMPLOYEE OF, AND  IS  AUTHORIZED  OR
DIRECTED  TO  ENGAGE  IN, BOOTING BY A PERSON REQUIRED TO BE LICENSED BY
THIS SECTION OR TO ACCEPT PAYMENT FOR RELEASING VEHICLES BOOTED BY  SUCH
LICENSEE OR SUCH LICENSEE'S EMPLOYEES.
  3.  AN  APPLICATION FOR ANY LICENSE REQUIRED UNDER THIS SECTION OR FOR
ANY RENEWAL THEREOF SHALL BE MADE TO THE POLITICAL SUBDIVISION  IN  SUCH
FORM  AND MANNER AS PROVIDED BY SUCH POLITICAL SUBDIVISION. AN APPLICANT
FOR ANY SUCH LICENSE SHALL BE FINGERPRINTED FOR THE PURPOSE OF  SECURING
CRIMINAL  HISTORY  RECORDS AND SHALL PAY A PROCESSING FEE AS REQUIRED BY
THE STATE DIVISION OF CRIMINAL JUSTICE SERVICES. WHERE THE APPLICANT  IS
A SOLE PROPRIETORSHIP, FINGERPRINTS SHALL BE TAKEN OF THE OWNER THEREOF;
WHERE THE APPLICANT IS A PARTNERSHIP, FINGERPRINTS SHALL BE TAKEN OF THE
GENERAL  PARTNERS THEREOF; WHERE THE APPLICANT IS A CORPORATION, ASSOCI-
ATION, FIRM OR OTHER BUSINESS, FINGERPRINTS SHALL BE TAKEN OF THE  OFFI-
CERS,  PRINCIPALS,  DIRECTORS, AND STOCKHOLDERS OF MORE THAN TEN PERCENT
OF THE OUTSTANDING STOCK.
  (A) WHERE THE APPLICANT FOR  LICENSE  TO  ENGAGE  IN  BOOTING  OR  ANY
RENEWAL  THEREOF  IS  A  CORPORATION,  PARTNERSHIP, ASSOCIATION, FIRM OR
OTHER BUSINESS, SUCH APPLICANT SHALL LIST ON HIS OR HER APPLICATION  FOR
SUCH LICENSE OR SUCH RENEWAL THE NAMES, ADDRESSES, AND TELEPHONE NUMBERS
OF  EACH  OFFICER,  DIRECTOR, PRINCIPAL STOCKHOLDER OWNING MORE THAN TEN
PERCENT OF THE OUTSTANDING STOCK, OR OF EACH PARTNER.
  (B) WHERE AN APPLICANT FOR LICENSE OR  ANY  RENEWAL  THEREOF  CONDUCTS
BUSINESS  UNDER  A  TRADE  NAME  OR  THE APPLICANT IS A PARTNERSHIP, THE
APPLICATION FOR LICENSE SHALL INCLUDE  THE  TRADE  NAME  OR  PARTNERSHIP
CERTIFICATE  DULY  CERTIFIED  BY THE CLERK OF THE COUNTY IN WHOSE OFFICE
SAID CERTIFICATE IS FILED. IF THE APPLICANT IS A CORPORATION, A COPY  OF
THE  FILING RECEIPT OR CERTIFICATE OF INCORPORATION FILED AND STAMPED BY
THE NEW YORK STATE SECRETARY OF STATE SHALL BE SUBMITTED WITH A  CERTIF-

A. 3184                             3

ICATE  OF ASSUMED NAME OR THE FILING RECEIPT THEREOF, IF ASSUMED NAME IS
USED.
  4.  AS  A CONDITION OF THE ISSUANCE OF A LICENSE TO ENGAGE IN BOOTING,
EACH APPLICANT SHALL FURNISH TO THE POLITICAL SUBDIVISION A SURETY  BOND
IN  THE  SUM  OF  FIVE THOUSAND DOLLARS, PAYABLE TO THE LOCAL AUTHORITY,
EXECUTED BY THE APPLICANT AND A SURETY APPROVED BY THE  AUTHORITY.  SUCH
BOND  SHALL  BE  CONDITIONED  UPON  THE  APPLICANT'S COMPLIANCE WITH THE
PROVISIONS OF THIS ARTICLE, LOCAL ORDINANCE AND ANY RULES OR REGULATIONS
PROMULGATED THEREUNDER, AND UPON THE FURTHER CONDITION THAT  THE  APPLI-
CANT  SHALL  PAY TO THE LOCAL AUTHORITY ANY FINE, PENALTY OR OTHER OBLI-
GATION WITHIN THIRTY DAYS OF ITS  IMPOSITION,  OR  ANY  FINAL  JUDGMENTS
AWARDING  FROM DAMAGES OCCASIONED TO ANY PERSON BY REASON OF ANY MISREP-
RESENTATION, FRAUD, OR DECEIT, OR ANY UNLAWFUL ACT OR OMISSION  OF  SUCH
LICENSEE,  HIS OR HER AGENTS OR EMPLOYEES, WHILE ACTING WITHIN THE SCOPE
OF THEIR EMPLOYMENT, MADE, COMMITTED OR OMITTED IN THE BUSINESS OF BOOT-
ING. THE LOCAL AUTHORITY MAY,  AFTER  A  PUBLIC  HEARING,  INCREASE  THE
AMOUNT  OF  THE SURETY BOND REQUIRED BY THIS SECTION TO AN AMOUNT NOT TO
EXCEED TWENTY THOUSAND DOLLARS. THE POLITICAL SUBDIVISION MAY  BY  LOCAL
ORDINANCE  OR  BY  REGULATION  AUTHORIZE  THE APPLICANT TO, IN LIEU OF A
BOND, DEPOSIT CASH TO SATISFY THE REQUIREMENTS OF  THIS  SECTION  IN  AN
AMOUNT EQUAL TO THE SUM OF THE SURETY BOND REQUIRED BY THIS SECTION.
  5.  (A) NO PERSON SHALL BE EMPLOYED BY A LICENSEE TO ENGAGE IN BOOTING
OR TO ACCEPT PAYMENT FOR RELEASING VEHICLES BOOTED BY SUCH  LICENSEE  OR
SUCH  LICENSEE'S EMPLOYEES WITHOUT HAVING FIRST SUBMITTED AN APPLICATION
FOR A BACKGROUND CHECK AND REGISTRATION WITH THE  POLITICAL  SUBDIVISION
WHICH SHALL INCLUDE BUT NOT BE LIMITED TO FINGERPRINTING FOR THE PURPOSE
OF SECURING CRIMINAL HISTORY RECORDS AND REGISTERED WITH SUCH AUTHORITY.
SUCH PERSON SHALL PAY A PROCESSING FEE AS REQUIRED BY THE STATE DIVISION
OF  CRIMINAL JUSTICE SERVICES. AN APPLICATION FOR A BACKGROUND CHECK AND
REGISTRATION WITH THE POLITICAL SUBDIVISION REQUIRED UNDER THIS  SECTION
OR  FOR ANY RENEWAL THEREOF SHALL BE MADE TO THE LOCAL AUTHORITY IN SUCH
FORM AND MANNER AS PROVIDED BY SUCH POLITICAL SUBDIVISION.
  (B) NO PERSON WHO IS REQUIRED TO OBTAIN A LICENSE UNDER THIS  SECTION,
SHALL  PERMIT  OR  AUTHORIZE  A PERSON TO ENGAGE IN BOOTING OR TO ACCEPT
PAYMENT  FOR  RELEASING  VEHICLES  BOOTED  BY  SUCH  LICENSEE  OR   SUCH
LICENSEE'S  EMPLOYEES WHO HAS NOT SUBMITTED TO A BACKGROUND CHECK BY AND
REGISTERED  WITH  THE  POLITICAL  SUBDIVISION  AS  REQUIRED  UNDER  THIS
SECTION.  IN  ANY PROSECUTION FOR VIOLATION OF THIS ARTICLE, LOCAL ORDI-
NANCE OR ANY RULES OR REGULATIONS PROMULGATED THEREUNDER IT SHALL NOT BE
NECESSARY TO PROVE THAT SUCH LICENSEE KNEW OR SHOULD HAVE KNOWN THAT THE
EMPLOYEE DID NOT REGISTER AND THAT THERE SHALL BE A REBUTTABLE  PRESUMP-
TION  THAT  SUCH  PERSON ENGAGED IN BOOTING OR ACCEPTED PAYMENT WITH THE
PERMISSION OR AUTHORIZATION OF SUCH LICENSEE. IN ANY  SUCH  PROSECUTION,
IT  SHALL  BE  AN AFFIRMATIVE DEFENSE THAT PRIOR TO BEING CITED FOR SUCH
VIOLATION, SUCH PERSON SUBMITTED TO THE BACKGROUND CHECK AND  REGISTERED
WITH THE POLITICAL SUBDIVISION.
  6.  A LICENSEE SHALL ISSUE A TAMPER-PROOF IDENTIFICATION BADGE TO EACH
INDIVIDUAL WHO IS AN EMPLOYEE OF THE LICENSEE AND WHO IS  AUTHORIZED  BY
THE  LICENSEE TO ENGAGE IN BOOTING, AND TO EACH PERSON WHO IS AUTHORIZED
TO ACCEPT PAYMENT FOR RELEASING VEHICLES BOOTED BY SUCH LICENSEE OR SUCH
LICENSEE'S EMPLOYEES.  SUCH  BADGE  SHALL  BE  MADE  FROM  FORMS  TO  BE
FURNISHED  BY  THE  POLITICAL  SUBDIVISION. AT A MINIMUM THE NAME OF THE
INDIVIDUAL, THE LICENSEE'S BUSINESS NAME AND THE LICENSEE  NUMBER  SHALL
BE PRINTED ON THE BADGE. SUCH BADGE SHALL BE DISPLAYED CONSPICUOUSLY.
  7.  THE POLITICAL SUBDIVISION MAY DENY AN APPLICATION FOR A LICENSE OR
RENEWAL OF A LICENSE OR, AFTER NOTICE AND HEARING, REVOKE OR SUSPEND ANY

A. 3184                             4

LICENSE ISSUED PURSUANT TO THIS SECTION AND LOCAL ORDINANCE OR ANY  RULE
PROMULGATED  PURSUANT THERETO, AND/OR IMPOSE A CIVIL PENALTY NOT EXCEED-
ING TEN THOUSAND DOLLARS ON A LICENSEE, IF IT FINDS THAT AN APPLICANT, A
LICENSEE,  ANY  OFFICER,  DIRECTOR,  PARTNER,  OR OWNER OF MORE THAN TEN
PERCENT OF THE OUTSTANDING STOCK OF AN APPLICANT  OR  LICENSEE,  OR  THE
CHIEF  EXECUTIVE  OFFICER  OF AN APPLICANT OR LICENSEE HAS INCLUDING BUT
NOT LIMITED TO:
  (A) MADE A MATERIAL MISSTATEMENT OR MISREPRESENTATION ON  AN  APPLICA-
TION FOR SUCH A LICENSEE OR THE RENEWAL THEREOF; OR
  (B) MADE A MATERIAL MISREPRESENTATION OR OMISSION OR COMMITTED A FRAU-
DULENT OR UNLAWFUL ACT WHILE ENGAGED IN THE BUSINESS OF BOOTING; OR
  (C) CONVICTED OF BRIBING OR ATTEMPTING TO BRIBE ANY OFFICER OR EMPLOY-
EE OF THE LOCAL AUTHORITY; OR
  (D) VIOLATED ANY APPLICABLE RULE OF THE AUTHORITY.
  8.  THE POLITICAL SUBDIVISION MAY DENY AN APPLICATION FOR A BACKGROUND
CHECK AND REGISTRATION WITH THE POLITICAL SUBDIVISION, AFTER NOTICE  AND
HEARING, REVOKE OR SUSPEND ANY REGISTRATION PURSUANT TO THIS SECTION AND
LOCAL  ORDINANCE OR ANY RULE PROMULGATED PURSUANT THERETO, AND/OR IMPOSE
A CIVIL PENALTY NOT EXCEEDING TWENTY-FIVE HUNDRED DOLLARS  ON  A  REGIS-
TRANT,  IF IT FINDS THAT AN APPLICANT, OR A REGISTRANT HAS INCLUDING BUT
NOT LIMITED TO:
  (A) MADE A MATERIAL MISSTATEMENT OR MISREPRESENTATION ON  AN  APPLICA-
TION FOR SUCH REGISTRATION OR THE RENEWAL THEREOF; OR
  (B) MADE A MATERIAL MISREPRESENTATION OR OMISSION OR COMMITTED A FRAU-
DULENT OR UNLAWFUL ACT WHILE ENGAGED IN BOOTING OR ACCEPTING PAYMENT FOR
RELEASING VEHICLES BOOTED BY A LICENSEE; OR
  (C) CONVICTED OF BRIBING OR ATTEMPTING TO BRIBE ANY OFFICER OR EMPLOY-
EE OF THE LOCAL AUTHORITY; OR
  (D) VIOLATED ANY APPLICABLE RULE OF THE POLITICAL SUBDIVISION.
  S  1703.  COMPENSATION  AND  RECORDS. 1. A LICENSEE SHALL NOT MAKE THE
COMPENSATION OF ANY EMPLOYEE DIRECTLY DEPENDENT, IN  PART  OR  IN  WHOLE
UPON THE NUMBER OF VEHICLES BOOTED.
  2. A PROPERTY OWNER AUTHORIZING THE BOOTING OF VEHICLES SHALL NOT MAKE
THE COMPENSATION OF ANY LICENSEE DIRECTLY DEPENDENT, IN PART OR IN WHOLE
UPON THE NUMBER OF VEHICLES BOOTED.
  3.  A LICENSEE SHALL MAINTAIN AN UPDATED, COMPLETE, ACCURATE AND LEGI-
BLE RECORD OF ALL IDENTIFICATION  BADGES  ISSUED  AS  PROVIDED  IN  THIS
SECTION.  SUCH  RECORD  AT  A  MINIMUM  SHALL INCLUDE THE IDENTIFICATION
NUMBER ASSIGNED TO EACH EMPLOYEE AND TO WHOM IT WAS ISSUED, THE DATE  ON
WHICH  THE INDIVIDUAL WAS FIRST EMPLOYED OR AUTHORIZED TO ACCEPT PAYMENT
OF THE RELEASE OF BOOTED VEHICLES, THE DATE THE BADGE WAS ISSUED AND THE
DATE ON WHICH THE BADGE WAS RETURNED BY SUCH INDIVIDUAL, WHERE APPROPRI-
ATE. UPON REQUEST, SUCH RECORD SHALL BE MADE AVAILABLE FOR INSPECTION BY
THE LOCAL AUTHORITY EITHER AT THE LICENSEE'S PLACE OF BUSINESS OR AT THE
OFFICES OF THE POLITICAL SUBDIVISION.
  4. A LICENSEE SHALL  ALSO  MAINTAIN  COMPLETE,  ACCURATE  AND  LEGIBLE
RECORDS AND RECEIPTS TO SUBSTANTIATE THAT VEHICLES ARE BOOTED IN COMPLI-
ANCE  WITH THE REQUIREMENTS OF THIS ARTICLE, LOCAL ORDINANCE OR ANY RULE
PROMULGATED PURSUANT THERETO. THE RECORDS FOR  EACH  PROPERTY  SHALL  BE
IDENTIFIED WITH THE NAME OF THE OWNER OF SAID PROPERTY AND SHALL BE KEPT
CHRONOLOGICALLY.
  S  1704.  APPLICATION,  SIGNS, CHARGES AND RELEASE OF VEHICLES. 1.  NO
MOTOR VEHICLE MAY BE BOOTED UNLESS A SUFFICIENT NUMBER OF SIGNS  AT  AND
ADJACENT TO A PRIVATE PARKING LOT WHERE VEHICLES ARE BOOTED IS CONSPICU-
OUSLY  POSTED  AND  MAINTAINED BY THE OWNER OF THE PROPERTY IN THE FORM,
MANNER AND LOCATION PRESCRIBED BY THE POLITICAL SUBDIVISION. SUCH  SIGNS

A. 3184                             5

SHALL  CONTAIN  SUCH  INFORMATION  AS  THE  POLITICAL  SUBDIVISION SHALL
PRESCRIBE INCLUDING, BUT NOT LIMITED TO,  THE  NAME,  BUSINESS  ADDRESS,
BUSINESS TELEPHONE NUMBER AND LICENSE NUMBER OF THE PERSON AUTHORIZED BY
THE  PROPERTY OWNER TO BOOT THE VEHICLE, THE NAME OF THE PROPERTY OWNER,
THE HOURS DURING WHICH AND THE CIRCUMSTANCES UNDER  WHICH  VEHICLES  ARE
PROHIBITED FROM PARKING ON SUCH PROPERTY AND ARE SUBJECT TO BOOTING, THE
FEES TO BE CHARGED FOR BOOTING AND THE TELEPHONE NUMBER OF THE OFFICE AT
THE POLITICAL SUBDIVISION RESPONSIBLE FOR RECEIVING COMPLAINTS REGARDING
BOOTING.
  2.  NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE PROVISIONS OF
THIS SECTION SHALL BE SATISFIED WITH RESPECT TO A PRIVATE STREET IF  (I)
A SIGN CONTAINING THE INFORMATION REQUIRED BY THIS SUBDIVISION IS POSTED
AND  MAINTAINED  BY THE OWNER OF SUCH PRIVATE STREET AT EACH PLACE WHERE
SUCH PRIVATE STREET INTERSECTS A PUBLIC STREET AND SUCH SIGNS ARE  SITU-
ATED IN SUCH A MANNER AS TO BE READILY VISIBLE AND READABLE BY THE OPER-
ATOR OF A MOTOR VEHICLE TRAVELING FROM A PUBLIC STREET ONTO SUCH PRIVATE
STREET,  AND  (II)  THERE ARE ALSO A SUFFICIENT NUMBER OF SIGNS ON EVERY
OTHER PRIVATE STREET THAT IS IN THE SAME OWNERSHIP STATING THAT VEHICLES
PARKED ON SUCH STREET WITHOUT THE PERMISSION OF SUCH OWNER MAY BE BOOTED
AND CONTAINING THE BUSINESS TELEPHONE NUMBER OF THE PERSON AUTHORIZED BY
THE OWNER TO BOOT THE VEHICLE, WHICH SIGNS ARE READILY VISIBLE AND READ-
ABLE BY AN OPERATOR OF A MOTOR VEHICLE TRAVELING ON SUCH STREET.
  3. NO CHARGE FOR THE RELEASE OF A VEHICLE  THAT  HAS  BEEN  BOOTED  IN
EXCESS OF THAT WHICH IS CONTAINED IN THE SIGNS REQUIRED BY THIS SUBDIVI-
SION MAY BE IMPOSED.
  4.  IN  ADDITION TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
NO MOTOR VEHICLE MAY BE BOOTED:
  (A) UNLESS SUCH VEHICLE IS UNLAWFULLY PARKED;
  (B) WHERE SUCH VEHICLE IS OCCUPIED BY ANY PERSON OR LIVE ANIMAL;
  (C) WHEN SUCH VEHICLE IS PARKED ON  THE  ROADWAY  SIDE  OF  A  VEHICLE
STOPPED, STANDING OR PARKED AT THE CURB;
  (D)  WHERE  SUCH  VEHICLE  IS PARKED IN A FIRE LANE, OR IN FRONT OF OR
IMMEDIATELY ADJACENT TO A FIRE  HYDRANT,  FIRE  CONNECTION  OR  BUILDING
EMERGENCY EXIT;
  (E) UNLESS THE EXPRESS WRITTEN AUTHORIZATION OF THE OWNER OF A PRIVATE
DRIVEWAY  BLOCKED BY SUCH VEHICLE HAS BEEN OBTAINED, WHICH AUTHORIZATION
INCLUDES THE LOCATION, MAKE, MODEL, COLOR AND LICENSE  PLATE  NUMBER  OF
SUCH VEHICLE;
  (F)  IF SUCH VEHICLE IS AN AMBULANCE, CORRECTION VEHICLE, POLICE VEHI-
CLE, FIRE VEHICLE, CIVIL DEFENSE EMERGENCY VEHICLE, EMERGENCY  AMBULANCE
SERVICE  VEHICLE,  ENVIRONMENTAL  EMERGENCY RESPONSE VEHICLE, SANITATION
PATROL  VEHICLE,  HAZARDOUS  MATERIALS  EMERGENCY   VEHICLE,   ORDINANCE
DISPOSAL VEHICLE OF THE ARMED FORCES OF THE UNITED STATES; AND
  (G)  WHERE SUCH VEHICLE BEARS A SPECIAL VEHICLE IDENTIFICATION PARKING
PERMIT OR "MD" NEW YORK REGISTRATION PLATES.
  5. IMMEDIATELY AFTER A VEHICLE IS  BOOTED,  THE  PERSON  BOOTING  SUCH
VEHICLE,  THE OWNER OF THE PROPERTY WHERE SUCH VEHICLE WAS BOOTED, OR AN
EMPLOYEE OR AGENT OF SUCH PERSON OR OWNER, SHALL AFFIX AT THE  REAR-MOST
PORTION  OF  THE  WINDOW ADJACENT TO THE DRIVER'S SEAT OF SUCH VEHICLE A
STICKER MEASURING EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES  CONTAINING
A  WARNING  THAT ANY ATTEMPT TO MOVE THE VEHICLE MAY RESULT IN DAMAGE TO
THE VEHICLE, AND STATING THE TIME THE VEHICLE WAS BOOTED AND  THE  NAME,
BUSINESS  ADDRESS  AND  THE LICENSE NUMBER OF THE PERSON WHO BOOTED SUCH
VEHICLE AS WELL AS A BUSINESS TELEPHONE NUMBER WHICH WILL FACILITATE THE
DISPATCH OF PERSONNEL RESPONSIBLE FOR REMOVING THE  BOOT  WITHIN  THIRTY
MINUTES  OF  THE  TIME SUCH REQUEST IS MADE. UPON PAYMENT OF THE BOOTING

A. 3184                             6

FEE, THE LICENSEE SHALL REMOVE THE  WINDOW  STICKER  IMMEDIATELY  AT  NO
EXTRA CHARGE.
  6.  NO  RELEASE  OR  WAIVER  OF  ANY KIND PURPORTING TO LIMIT OR AVOID
LIABILITY FOR DAMAGES TO A VEHICLE THAT HAS BEEN BOOTED SHALL BE  VALID.
IN ADDITION, ANY PERSON WHO BOOTED A VEHICLE, OR OTHER PERSON AUTHORIZED
TO  ACCEPT  PAYMENT  OF  ANY  CHARGES  FOR SUCH BOOTING, SHALL PROVIDE A
SIGNED RECEIPT TO THE INDIVIDUAL PAYING THE BOOTING CHARGES AT THE  TIME
SUCH  CHARGES  ARE  PAID.  SUCH  RECEIPT  SHALL STATE THE NAME, BUSINESS
ADDRESS, BUSINESS TELEPHONE NUMBER AND LICENSE NUMBER OF THE PERSON  WHO
HAS  BOOTED  SUCH  VEHICLE AS SUCH INFORMATION APPEARS ON THE LICENSE TO
ENGAGE IN BOOTING, AND SUCH  RECEIPT  SHALL  ALSO  INCLUDE  A  TELEPHONE
NUMBER  FOR  THE OFFICE WITHIN THE POLITICAL SUBDIVISION RESPONSIBLE FOR
RECEIVING COMPLAINTS WITH RESPECT TO BOOTING. THE BOOTING RECEIPT  SHALL
ALSO ADVISE THE OWNER OF THE VEHICLE THAT SUCH PERSON IS ENTITLED TO ASK
AND  HAVE  A  HEARING  BEFORE  THE  POLITICAL  SUBDIVISION  IF HE OR SHE
DISPUTES THE JUSTIFICATION GIVEN OR THE AMOUNT CHARGED FOR  THE  BOOTING
OF  SUCH  VEHICLE,  FOR  OTHER  VIOLATIONS OF LAW OR THE RULES GOVERNING
BOOTING OR FOR DAMAGES AS A RESULT OF BOOTING. SUCH  NOTICE  SHALL  ALSO
INDICATE  THAT  NO  RELEASE OR WAIVER OF ANY KIND PURPORTING TO LIMIT OR
AVOID LIABILITY FOR DAMAGES TO A VEHICLE THAT HAS BEEN BOOTED  SHALL  BE
VALID.
  7.  THE  CHARGE  TO  RELEASE A MOTOR VEHICLE THAT HAS BEEN BOOTED ON A
PRIVATE PARKING LOT SHALL BE NO MORE THAN ONE HUNDRED DOLLARS.  NOTWITH-
STANDING THE PROVISIONS OF ANY OTHER LAW, WHERE A MOTOR VEHICLE HAS BEEN
BOOTED ON A PRIVATE PARKING LOT AND SUBSEQUENTLY TOWED FROM SUCH PARKING
LOT, NO ADDITIONAL CHARGE MAY BE IMPOSED FOR THE TOWING OF SUCH VEHICLE.
THE OWNER OR PERSON IN CONTROL OF A VEHICLE WHICH HAS BEEN BOOTED  BY  A
LICENSEE  OR SUCH LICENSEE'S EMPLOYEE OR AGENT SHALL BE PERMITTED TO PAY
ANY CHARGE FOR BOOTING AT THE LOCATION WHERE SUCH VEHICLE WAS BOOTED AND
THE LICENSEE, OR OTHER PERSON AUTHORIZED TO ACCEPT PAYMENT, SHALL ACCEPT
SUCH PAYMENT, IN PERSON BY CREDIT  CARD  IN  ACCORDANCE  WITH  GENERALLY
ACCEPTED BUSINESS PRACTICES.
  8.  NO  CHARGE  SHALL  BE  IMPOSED  FOR  THE  BOOTING  OF A VEHICLE IN
VIOLATION OF THIS SECTION OR ANY LOCAL ORDINANCE OR ANY RULE PROMULGATED
PURSUANT THERETO AND ANY SUCH UNLAWFUL CHARGE SHALL BE REIMBURSED BY ANY
PERSON FOUND TO HAVE VIOLATED THIS SECTION OR ANY LOCAL ORDINANCE OR ANY
RULE PROMULGATED PURSUANT THERETO.
  9. ANY PERSON WHO HAS BOOTED A MOTOR VEHICLE SHALL RELEASE SUCH  VEHI-
CLE  WITHIN  THIRTY  MINUTES OF RECEIVING THE REQUEST FOR SUCH VEHICLE'S
RELEASE; PROVIDED, HOWEVER, THAT PAYMENT OF ANY CHARGE  FOR  BOOTING  IS
MADE  AT  OR  PRIOR  TO THE TIME OF SUCH VEHICLE'S RELEASE. THE OWNER OR
PERSON IN CONTROL OF A VEHICLE WHICH HAS BEEN BOOTED BY  A  LICENSEE  OR
SUCH  LICENSEE'S  EMPLOYEE OR AGENT SHALL BE PERMITTED TO PAY ANY CHARGE
FOR BOOTING AT THE LOCATION WHERE SUCH VEHICLE WAS BOOTED AND THE LICEN-
SEE, OR THE PERSON AUTHORIZED  TO  ACCEPT  PAYMENT,  SHALL  ACCEPT  SUCH
PAYMENT  IN  PERSON BY CREDIT CARD IN ACCORDANCE WITH GENERALLY ACCEPTED
BUSINESS PRACTICES.
  S 1705. SUSPENSION, REVOCATION  AND  RENEWAL  OF  LICENSE.  AFTER  DUE
NOTICE  AND  OPPORTUNITY  TO  BE  HEARD,  THE  POLITICAL SUBDIVISION MAY
SUSPEND, REVOKE OR REFUSE TO RENEW ANY LICENSE REQUIRED BY THIS  ARTICLE
OR SUSPEND, REVOKE OR REFUSE TO REGISTER ANY EMPLOYEE OF A LICENSEE UPON
A  DETERMINATION  THAT THE LICENSEE OR ANY EMPLOYEE OR ANY AGENT OF SUCH
LICENSEE HAS VIOLATED ANY PROVISION OF THIS ARTICLE, ANY LOCAL ORDINANCE
OR ANY RULE PROMULGATED PURSUANT THERETO OR WHERE:
  1. THE LICENSEE OR ANY EMPLOYEE OR ANY AGENT OR WHERE  APPLICABLE  ITS
OFFICERS,  PRINCIPALS,  DIRECTORS,  OR STOCKHOLDERS OWNING MORE THAN TEN

A. 3184                             7

PERCENT OF THE OUTSTANDING STOCK OF THE CORPORATION WERE FOUND  TO  HAVE
BOOTED  A VEHICLE IN A GROSSLY NEGLIGENT MANNER OR IN A MANNER SHOWING A
RECKLESS DISREGARD FOR LIFE OR PROPERTY; OR
  2.  THE  LICENSEE  OR  ANY  EMPLOYEE OR WHERE APPLICABLE ITS OFFICERS,
PRINCIPALS, DIRECTORS OR STOCKHOLDERS OWNING MORE THAN  TEN  PERCENT  OF
THE  OUTSTANDING  STOCK  OF  THE  CORPORATION HAVE MADE A MATERIAL FALSE
STATEMENT OR CONCEALED A MATERIAL FACT IN CONNECTION WITH THE FILING  OF
ANY  APPLICATION  PURSUANT TO THIS SECTION OR ANY LOCAL ORDINANCE OR ANY
RULE PROMULGATED PURSUANT THERETO.
  S 1706. ENFORCEMENT AND PENALTIES. 1. NO LICENSEE SHALL  BOOT,  PERMIT
OR  AUTHORIZE  BOOTING  IN  VIOLATION OF THE PROVISIONS OF THIS ARTICLE,
LOCAL ORDINANCE OR ANY RULE PROMULGATED PURSUANT THERETO.
  2. A LICENSEE SHALL BE LIABLE FOR ANY  VIOLATION  BY  SUCH  LICENSEE'S
EMPLOYEES OR AGENTS OF THIS ARTICLE, LOCAL ORDINANCE OR ANY RULE PROMUL-
GATED PURSUANT THERETO.
  3.  AUTHORIZED  EMPLOYEES  OF  THE POLITICAL SUBDIVISION OR ANY POLICE
OFFICER, SHALL HAVE THE POWER TO ENFORCE ANY PROVISION OF  THIS  ARTICLE
OR  ANY  RULE  PROMULGATED PURSUANT THERETO. ANY PERSON WHO VIOLATES ANY
PROVISION OF THIS SECTION,  LOCAL  ORDINANCE  OR  ANY  RULE  PROMULGATED
PURSUANT  THERETO  SHALL  BE LIABLE FOR A CIVIL PENALTY OF NOT LESS THAN
FIVE HUNDRED NOR MORE THAN ONE THOUSAND DOLLARS TO THE POLITICAL  SUBDI-
VISION.  ANY  PROPERTY OWNER WHO AUTHORIZES THE LICENSEE TO BOOT ON SAID
PROPERTY SHALL ALSO BE LIABLE FOR ANY VIOLATION OF THE  LICENSEE  FOR  A
CIVIL  PENALTY  OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN
FIVE HUNDRED DOLLARS TO THE POLITICAL SUBDIVISION.
  4. THE POLITICAL SUBDIVISION SHALL ARRANGE  FOR  THE  REDRESS  OF  ANY
INJURIES  CAUSED  BY  VIOLATION  OF THIS SECTION, LOCAL ORDINANCE OR ANY
RULE PROMULGATED PURSUANT THERETO BY PROVIDING FOR  HEARINGS  AND  SHALL
OTHERWISE  PROVIDE  FOR  COMPLIANCE  WITH THE PROVISIONS AND PURPOSES OF
THIS SECTION. PROVIDED HOWEVER, WHERE A VEHICLE WAS WRONGFULLY BOOTED OR
DAMAGED AS A RESULT OF THE BOOTING, THE OWNER OF SUCH VEHICLE SHALL  NOT
ONLY  HAVE A MEANS OF REDRESS FOR DAMAGES AGAINST THE LICENSEE BUT SHALL
ALSO HAVE REDRESS FOR DAMAGES AGAINST THE  OWNER  OF  THE  PROPERTY  WHO
AUTHORIZED  THE BOOTING. UPON PETITION OF THE OWNER OF SAID VEHICLE, THE
POLITICAL SUBDIVISION MAY IN ADDITION TO ORDERING  THE  PAYMENT  OF  ANY
DAMAGES  OR  RESTITUTION, DIRECT THE LICENSEE AND OWNER OF SAID PROPERTY
TO PAY  THE OWNER OF THE VEHICLE OTHER  OUT-OF-POCKET  EXPENSES  NOT  TO
EXCEED ONE HUNDRED FIFTY DOLLARS.
  S  1707.  RULES. THE POLITICAL SUBDIVISION IS AUTHORIZED TO PROMULGATE
SUCH RULES AS THE POLITICAL SUBDIVISION DEEMS  NECESSARY  TO  EFFECTUATE
THE PROVISIONS OF THIS ARTICLE.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.