Section 19-169.2. Booting of improperly parked motor vehicles

a.  Definitions. For the purposes of this section, 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,
  association, firm or other business entity; and
    3. "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.
    b. Except as provided in paragraph two of  subdivision  a  of  section
  20-531  of  this  code,  no  person  shall engage in booting unless such
  person is licensed by the department of  consumer  affairs  pursuant  to
  subchapter  32  of  chapter  2  of  title  20 of this code and any rules
  promulgated pursuant thereto.
    c. 1. No motor vehicle may be booted unless  a  sufficient  number  of
  signs  is  conspicuously  posted  and  maintained  by  the  owner of the
  property in the form, manner and location  prescribed  by  rule  of  the
  commissioner  of consumer affairs and this subdivision. Such signs shall
  contain such information as the commissioner of consumer  affairs  shall
  prescribe  in  such  rule  including,  but  not  limited  to,  the  word
  "warning," the name, business address,  business  telephone  number  and
  license  number  of  the person authorized by the property owner to boot
  the vehicle, the hours during which and the  circumstances  under  which
  vehicles are prohibited from parking on such property and are subject to
  booting or towing, if applicable, the fees to be charged for booting and
  the  telephone  number  of  the office within the department of consumer
  affairs responsible for receiving complaints regarding booting. The word
  "warning" on such signs shall be in letters not less  than  five  inches
  high  and  shall  be  in  the  color red and the lettering on such signs
  stating the  hours  during  which  and  the  circumstances  under  which
  vehicles are prohibited from parking on such property and are subject to
  booting  shall  be  not less than two inches high. The lettering on such
  signs which provides the  name,  business  address,  business  telephone
  number, and license number of the person authorized to boot the vehicle,
  the  fees  to  be  charged  for  booting  and the department of consumer
  affairs telephone complaint number, shall be not less than three-fourths
  of an inch high.
    2. Notwithstanding paragraph one of this subdivision,  the  provisions
  of  this subdivision 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
  situated in such a manner as to be readily visible and readable  by  the
  operator  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 readable 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
  subdivision may be imposed.

    4.  No  motor  vehicle  shall  be  booted  by a person licensed by the
  department of consumer affairs  pursuant  to  subchapter  thirty-two  of
  chapter  two  of  title  twenty  of  this  code and any rule promulgated
  pursuant thereto unless such licensee has been authorized to  boot  such
  motor  vehicle  pursuant to a written contract between such licensee and
  the owner, lessee, managing agent or other  person  in  control  of  the
  property on which such motor vehicle is parked. Such contract shall also
  provide  that  such  owner,  lessee,  managing  agent or other person in
  control of the property shall  be  liable  for  any  violation  by  such
  licensee  or  his or her employees or agents of any of the provisions of
  this section or of subchapter thirty-two of chapter two of title  twenty
  of  this  code  or  of any rules promulgated pursuant to this section or
  such subchapter.
    5. An owner, lessee, managing agent or  other  person  in  control  of
  property  who has entered into a written contract with a person licensed
  by the department of consumer affairs pursuant to subchapter  thirty-two
  of chapter two of title twenty of this code authorizing such licensee to
  boot  motor  vehicles  parked  on  such property shall be liable for any
  violation by such licensee or such licensee's employees or agents of the
  provisions of this section, of subchapter thirty-two of chapter  two  of
  title  twenty  of this code or of any rules promulgated pursuant to this
  section or such subchapter.
    6. Paragraphs four and five of this subdivision shall not apply to the
  booting of motor vehicles on a private street.
    d. In addition to the provisions of subdivision c of this section,  no
  motor  vehicle  may  be  booted  (1)  unless  such vehicle is unlawfully
  parked; (2) where such vehicle is occupied by any person or live animal;
  (3) when such vehicle is  parked  on  the  roadway  side  of  a  vehicle
  stopped,  standing  or  parked  at  the  curb; (4) 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; (5) 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;
  (6) if such vehicle is an ambulance, correction vehicle, police vehicle,
  fire vehicle,  civil  defense  emergency  vehicle,  emergency  ambulance
  service  vehicle,  environmental  emergency response vehicle, sanitation
  patrol vehicle, hazardous materials emergency vehicle, ordnance disposal
  vehicle of the armed forces of the United States;  and  (7)  where  such
  vehicle  bears a special vehicle identification parking permit issued in
  accordance with the provisions of  paragraph  15  of  subdivision  a  of
  section  2903  of the New York city charter or issued in accordance with
  the provisions of section 1203-a of the vehicle and traffic law, or "MD"
  New York registration plates.
    e. 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.
    f. 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  department  of  consumer  affairs
  responsible for receiving complaints with respect to booting.
    g. No charge shall be imposed for the booting of a  vehicle  when  any
  person  has committed a violation of this section, subchapter thirty-two
  of chapter two of title twenty of this code  or  any  rules  promulgated
  pursuant  to  this  section  or  such  subchapter  with  respect to such
  vehicle, and any such unlawful charge shall be reimbursed by any  person
  liable for a violation of this section.
    h.  Any  person  who  has  booted  a  motor vehicle shall release such
  vehicle within thirty minutes of receiving a 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
  licensee, or other person authorized to  accept  payment,  shall  accept
  such  payment  in  person  by  credit  card in accordance with generally
  accepted business practices.
    i. Any person who violates any provision of this section 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.
    j. Authorized employees  of  the  department,  or  the  department  of
  consumer affairs, or any police officer, shall have the power to enforce
  the  provisions  of  this  section  and  any  rules promulgated pursuant
  thereto and the department of consumer affairs shall  be  authorized  to
  impose the civil penalties provided for in this section, may arrange for
  the redress of any injuries caused by violations of this section and may
  otherwise  provide  for  compliance  with the provisions and purposes of
  this section.
    k. The commissioner of consumer affairs is  authorized  to  promulgate
  such  rules  as  the  commissioner  deems  necessary  to  effectuate the
  provisions of this section.
    l. The provisions of this section shall not apply to the booting of  a
  motor vehicle by:
    1.  The  city, any other governmental entity, or a person acting under
  the direction of the  city  or  such  governmental  entity,  where  such
  booting  is  authorized  by  any  other  provision of law or any rule or
  regulation promulgated pursuant thereto; or
    2. Any person who has a lien pursuant to section 184 of the  lien  law
  and who detains such motor vehicle in his or her lawful possession.