Section 19-171.1. Multi-passenger wheeled device and motorized pedicab prohibited

a. Definitions. For purposes of this section:
    1. "Motorized pedicab" shall mean a wheeled device  that  is  designed
  and  constructed  to transport or carry passengers, that is propelled in
  whole or in part by other than human power,  and  that  is  operated  to
  transport passengers for hire.
    2.  "Multi-passenger  wheeled device" shall mean a wheeled device with
  three or more wheels that is designed and constructed to permit  seating
  by  more  than two people, that is propelled by human power, and that is
  designed  to  permit   propulsion   by   more   than   two   individuals
  simultaneously.
    3.  "Owner" shall mean any person who possesses with good legal title,
  or possesses under a lease, reserve title  contract,  conditional  sales
  agreement  or  vendor's  agreement  or  similar  agreement  one  or more
  motorized pedicabs or multi-passenger wheeled devices in the city of New
  York.
    4. "Tandem bicycle" shall mean a wheeled device that is constructed so
  that its wheels are aligned in a straight line, one  behind  the  other,
  permitting operation by two or more people.
    b.  It  shall  be  unlawful  to  operate, or cause to be operated, any
  motorized pedicab or multi-passenger wheeled device, other than a tandem
  bicycle, on any street, sidewalk, highway, bridge, tunnel or park within
  New York City.
    c. Any person who violates subdivision b of this section may be issued
  a notice of violation and shall be subject to a civil penalty that shall
  not be: (1) less than two hundred nor more than five hundred dollars for
  the first violation; (2) less  than  five  hundred  nor  more  than  one
  thousand  dollars  for  the second violation committed within a one year
  period; (3) less than one thousand nor more than four  thousand  dollars
  for the third violation committed within a one year period. Such penalty
  may be recovered in a proceeding before the environmental control board.
    d. A person who violates subdivision b of this section shall be guilty
  of  a  misdemeanor,  punishable  by  a fine of not more than two hundred
  fifty dollars or imprisonment of up to sixteen days,  or  by  both  such
  fine and imprisonment.
    e.  Where  a  police  or  peace officer or an authorized employee of a
  department designated by the commissioner serves a summons or notice  of
  violation  for  violation  of  this  section  on  a  person  operating a
  multi-passenger   wheeled   device   or    motorized    pedicab,    such
  multi-passenger  wheeled  device or motorized pedicab may be seized. Any
  device seized pursuant to this subdivision shall be delivered  into  the
  custody  of the police department. The environmental control board shall
  hold a hearing to adjudicate the violation  of  subdivision  b  of  this
  section  on  an  expedited  schedule  and shall render its determination
  accordingly.
    f. The owner of a multi-passenger wheeled device or motorized  pedicab
  seized  pursuant  to  subdivision e of this section shall be eligible to
  obtain release of such device prior to the hearing provided for in  such
  subdivision,  if such owner has not been found liable for a violation of
  subdivision b of this section within a five year  period  prior  to  the
  violation  resulting  in  seizure. The multi-passenger wheeled device or
  motorized pedicab shall be released to such owner upon the posting of an
  all cash bond in a form satisfactory to the commissioner  in  an  amount
  satisfactory  to  cover the maximum civil penalties which may be imposed
  for a violation of subdivision b of  this  section  and  all  reasonable
  costs for removal and storage of such device.

    g.  Where  the  environmental  control  board  finds that there was no
  violation of subdivision b of this section, the owner shall be  entitled
  forthwith  to  possession  of  the  multi-passenger  wheeled  device  or
  motorized pedicab without charge or to the extent that  any  amount  has
  been  previously  paid  for  release of the device, such amount shall be
  refunded.
    h. Where the board, after adjudication of the violation of subdivision
  b of this section, finds a violation of such subdivision,  then  (i)  if
  the  multi-passenger  wheeled device or motorized pedicab is not subject
  to forfeiture pursuant to paragraph one of  subdivision  j,  the  police
  department  shall  release  such device to its owner upon payment of all
  applicable civil penalties and  all  reasonable  costs  of  removal  and
  storage;  or  (ii)  if  the  multi-passenger wheeled device or motorized
  pedicab  is  subject  to  forfeiture  pursuant  to  paragraph   one   of
  subdivision  j  of  this section, the police department may release such
  device to its  owner  upon  payment  of  all  civil  penalties  and  all
  reasonable  costs  of  removal and storage, or may commence a forfeiture
  action within ten days after the written demand by such owner  for  such
  device.
    i.  The  department  shall  establish  by  rule  the time within which
  multi-passenger wheeled devices  or  motorized  pedicabs  that  are  not
  redeemed may be deemed abandoned and the procedures for disposal.
    j.  1.  In  addition  to any other penalty or sanction provided for in
  this section, a multi-passenger  wheeled  device  or  motorized  pedicab
  seized  pursuant to subdivision e of this section, and all rights, title
  and interest therein shall be subject to forfeiture  to  the  city  upon
  notice   and  judicial  determination  thereof  if  the  owner  of  such
  multi-passenger wheeled device  or  motorized  pedicab  has  been  found
  liable  at  least  two  times within a five-year period for violation of
  subdivision b of this section.
    2. A forfeiture action pursuant to this subdivision shall be commenced
  by the filing of a summons with a notice or a summons and  complaint  in
  accordance  with  the  civil  practice  law and rules. Such summons with
  notice or a summons and complaint shall be served in accordance with the
  civil practice law and  rules  on  the  owner  of  such  multi-passenger
  wheeled device or motorized pedicab. A multi-passenger wheeled device or
  motorized  pedicab  which  is the subject of such action shall remain in
  the custody of the police department or other appropriate agency pending
  the final determination of the forfeiture action.
    3. Any person who receives notice of the institution of  a  forfeiture
  action  who  claims an interest in the multi-passenger wheeled device or
  motorized pedicab subject to forfeiture  may  assert  a  claim  in  such
  action  for  the recovery of such device or satisfaction of such owner's
  interest in such device.
    4. Forfeiture pursuant to this subdivision shall be  made  subject  to
  the  interest of a person who claims an interest in such device pursuant
  to subdivision three of this subdivision, where such person  establishes
  that:  (i)  such multi-passenger wheeled device or motorized pedicab was
  operated in violation of this section  without  the  knowledge  of  such
  person,  or  if  such  person had knowledge of such operation, that such
  person did not consent  to  such  operation  by  doing  all  that  could
  reasonably  have  been  done to prevent such operation, or (ii) that the
  operation of such multi-passenger wheeled device or motorized pedicab in
  violation of this section was conducted by any person  other  than  such
  person  claiming  an  interest  in  the  device,  while  such device was
  unlawfully in the possession of a person who acquired possession thereof
  in violation of the criminal laws of the United States or any state.

    5. The police department, after judicial determination of  forfeiture,
  shall,  by  public  notice  of  at  least five days, sell such forfeited
  multi-passenger wheeled device or motorized pedicab at public sale.  The
  net proceeds of any such sale shall be paid into the general fund of the
  city.
    6.  In  any  forfeiture action commenced pursuant to this subdivision,
  where the court awards a  sum  of  money  to  one  or  more  persons  in
  satisfaction  of  such  person's  interest  in the forfeited device, the
  total amount awarded to satisfy such interest  or  interests  shall  not
  exceed  the  amount  of  the  net  proceeds of the sale of the forfeited
  device after deduction of the lawful  expenses  incurred  by  the  city,
  including  reasonable costs of removal and storage of the device between
  the time of the seizure and the date of sale.
    k. The penalties provided by subdivisions  c,  d,  e  and  j  of  this
  section  shall  be in addition to any other penalty imposed by any other
  provision of law or rule promulgated thereunder.