Section 19-170. Limitation on parking of commercial vehicles  


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  • a. When parking
      is  not  otherwise restricted, no person shall park a commercial vehicle
      in excess of three  hours.  For  purposes  of  this  section,  the  term
      commercial  vehicle  shall mean a motor vehicle designed, maintained, or
      used primarily for the transportation of property.
        b. Notwithstanding the foregoing, no person shall  park  a  commercial
      vehicle on a residential street from 9 p.m. to 5 a.m. For the purpose of
      this  subdivision,  residential streets are defined as those streets, or
      parts thereof, which are located within a residential district under the
      zoning resolution. Where a commercial vehicle is parked in violation  of
      this  subdivision, it shall be an affirmative defense to said violation,
      with the burden of proof on the person who received the summons, that he
      or she was actively engaged in business at  the  time  the  summons  was
      issued  at  a  premises  located  within  three city blocks of where the
      summons was issued. This subdivision shall not apply to  vehicles  owned
      or  operated  by  gas  or  oil heat suppliers or gas or oil heat systems
      maintenance companies, the agents or employees, thereof, or  any  public
      utility.
        c.  A  violation  of  this section shall be punishable by the monetary
      fine authorized for violation  of  the  rules  and  regulations  of  the
      commissioner  in  paragraph  one of subdivision a of section twenty nine
      hundred and three of the New York City Charter.
        d. Any commercial vehicle parked in violation of subdivision a or b of
      this section shall be subject to  impoundment  by  the  department.  Any
      motor  vehicle  impounded pursuant to the provisions of this subdivision
      shall not be released until all applicable towing and storage fees  have
      been   paid.   The   commissioner  shall  be  authorized  to  promulgate
      regulations concerning the procedure for the impoundment of vehicles.
        e. The sanctions and fees provided for in this  section  shall  be  in
      addition  to  any  other  sanctions, fees or remedies provided by law or
      regulation.