Relates to owner liability for failure of an operator to comply with street cleaning parking rules; relates to access to records prepared pursuant to street cleaning parking rules.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4523B
SPONSOR: Cunningham TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to owner
liability for failure of an operator to comply with street cleaning
parking rules; to amend the public officers law, in relation to access
to records prepared pursuant to street cleaning parking rules; and
providing for the repeal of certain provisions upon expiration thereof
PURPOSE:
Allow for photo enforcement of street cleaning alternative parking
rules.
SUMMARY OF PROVISIONS:
Section 1 would amend the vehicle and traffic law by adding a new
section 1111-j to authorize enforcement of alternative parking rules to
allow for street cleaning via a camera on street cleaning equipment.
Section 2 amends subdivision 1 of section 235 of the vehicle and traffic
law, as amended by section 1 of part n of chapter 58 of the laws of 2025
to create administrative tribunal for enforcement of section 1.
Section 3 amends Subdivision 1 of section 236 of the vehicle and traffic
law, as amended by section 2 of part N of chapter 58 of the laws of
2025, continues to establish the process of enforcement and appeals.
Section 4 amends Paragraph f of subdivision 1 of section 239 of the
vehicle and traffic law, as amended by section 3 of part N of chapter 58
of the laws of 2025, to define notices of violations to include street
cleaning parking laws.
Section 5 amends subdivision 1, la and the opening subparagraph of para-
graph (a) of subdivision 1-b of section 240 of vehicle and traffic law,
subdivisions 1 and 1-a as amended by section 4 of part N of chapter 58
of the laws of 2025, and the opening paragraph of paragraph (a). of
subdivision 1-b as amended by section 5 of part MM of chapter 56 of the
laws of 2023,to provide for notice of hearing, fines and penalties.
Section 6 amends Paragraphs a and g of subdivision 2 of section 240 of
the vehicle and traffic law, as amended by section 5 of part N of chap-
ter 58 of the laws of 2025, to allow for hearing for the adjudication of
charges.
Section 7 amends Subdivisions 1 and 2 of section 241 of the vehicle and
traffic law, as amended by section 6 of part N of chapter 58 of the laws
of 2025 to add the procedure to current hearing examiner procedure.
Section 8 amends Subparagraph (i) of paragraph a of subdivision 5-a of
section 401 of the vehicle and traffic law, as amended by section 7 of
part N of chapter 58 of the laws of 2025, to provide for procedure when
someone fails to appear.'
Section 9 Subdivision 1-a of section 1809 of the vehicle and traffic
law, as amended by section 8 of part N of chapter 58 of the laws of
2025, to add violation of street cleaning parking laws to the current
list.
Section 10 amends subdivision 1 of section 1809a of the vehicle and
traffic law, as amended by section 10 of part MM of chapter 56 of laws
of 2023 to add for adjudication of liability of owner for a violation of
street cleaning parking laws.
Section 11 amends subdivision 1 of section 1809-aa of the vehicle and
traffic law, as amended by section 11 of part MM of chapter 56 of laws
of 2023, to add for adjudication of liability of owner for a violation
of street cleaning parking laws.
Section 12 amends paragraph a of subdivision 1 of section 1809-e of
vehicle and traffic law, as amended by section 12 of part MM of chapter
56 of laws of 2023, to add for adjudication of liability of owner for a
violation of street cleaning parking laws.
Section 13 amends subdivision 2 of section 87 of the public officers law
by adding a new paragraph (u) to include photographs, microphotographs,
videotape, and other recorded images prepared under authority of section
1111-h of vehicle and traffic law.
Section 14 states that the purchase or lease of equipment for a demon-
stration program established pursuant to section 1111-j of the vehicle
and traffic law, as added by section one of this act, shall be subject
to the provisions of section 103 of the general municipal law.
Section 15 is the effective date.
JUSTIFICATION:
Maintaining street cleanliness and litter control in New York City are
important quality-of-life concerns for property owners, businesses and
the New York City Department of Sanitation. Street cleaning parking
rules ensure that there is open and unhindered curbside accessibility to
Department workers who operate street cleaning vehicles, also known as
mechanical brooms, to clean over 6,000 curb miles of the City's streets
in the boroughs of Manhattan, Bronx, Brooklyn and Queens that are
covered by such street cleaning rules. The Department schedules an
average of 200 mechanical brooms per weekday to sweep the City's
streets. These vehicles are equipped with heavy duty brushes or "brooms"
that loosen street debris and contain a mechanism to spray the street
with water for reducing air pollutants on the street. Any decrease or
loss of a substantial portion of the Department's cleaning capability as
a result of vehicles parked in violation of alternate side parking
restrictions greatly affects community cleanliness.
The purpose of this legislation is to develop a system which will
supplement the current enforcement effort by using technology to record
parking violations on film or other recording device. The program will
operate in the same manner as the Red Light Camera Program and Bus Lane
Program, which has successfully reduced the incidence of red light and
bus lane violations in the City.
Technology presently exists that will capture vehicles parked unlawfully
without the presence of a police or uniformed sanitation enforcement
officer. A photo device would be placed on a street cleaning vehicle and
would capture or record, and produce by photographic, microphotographic,
videotape or other recording system an image of a motor vehicle that is
parked unlawfully in violation of street cleaning parking rules posted
on traffic signs. This image can then be used as evidence in a proceed-
ing before the New York City Parking Violations Bureau to impose liabil-
ity on the owner of the vehicle for the parking violation.
The enactment of this legislation, which is modeled after the enabling
legislation that authorized the Red Light Camera Program and Bus Lane
Program, will enable the City to continue to explore the use of new
technology as a means of improving the quality of life in the City, and
promoting a positive and clean image for New York City.
LEGISLATIVE HISTORY:
2024: A8902/S8756 - referred to transportation/Passed Senate
STATE AND LOCAL FISCAL IMPLICATIONS:
N/A
EFFECTIVE DATE:
This act shall take effect one hundred eightieth day after it shall have
become a law; provided, however, that sections one, thirteen and four-
teen of this act shall expire July 1, 2032, when upon such date the
provisions of such sections shall be deemed repealed; provided further,
however, that:(a) the amendments to subdivision 1 of section 1809-a of
the vehicle and traffic law made by section ten of this act shall not
affect the repeal of such section and shall be deemed repealed there-
with; and (b) effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
section one of this act on its effective date are authorized to be made
and completed on or before such an effective date.
