Section 20-263. Penalties

a.  It  is  a traffic infraction to violate any
  provision of this subchapter  and  such  traffic  infractions  shall  be
  punishable  in  accordance with section eighteen hundred of the New York
  state vehicle and traffic law.
    b. Any person who violates any provision of  this  subchapter  or  any
  rules  promulgated  pursuant  to  this  subchapter 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  and  for  each  additional
  violation committed on the same day; (2) less than five hundred nor more
  than  one  thousand dollars for the second violation committed, and each
  additional violation committed on  the  same  day,  within  a  one  year
  period;  (3)  less than one thousand nor more than four thousand dollars
  for  the  third  violation  committed,  and  each  additional  violation
  committed  on  the  same  day,  within  a  one  year period. The pedicab
  business that authorizes the operation of such pedicab shall be  jointly
  and  severally liable with the pedicab driver thereof, for the penalties
  imposed by this section.
    c. A  violation  of  section  20-250  or  20-257  or  paragraph  6  of
  subdivision  b  of  section  20-259  of  this  subchapter  or  any rules
  promulgated thereunder shall constitute a violation punishable by a fine
  of not more than five hundred dollars or imprisonment of up  to  fifteen
  days, or by both such fine and imprisonment.
    d.  Any  police  or peace officer or authorized officer or employee of
  the department, upon service on the pedicab business or  pedicab  driver
  of  a  notice  of  violation  for the failure of the pedicab business to
  obtain the required inspection of a pedicab pursuant to subdivision a of
  section 20-255 or for the failure of a pedicab  driver  to  be  licensed
  pursuant  to  section 20-257, may seize such pedicab. Any pedicab seized
  pursuant to this subdivision shall be delivered into the custody of  the
  department  or  other  appropriate agency. The commissioner shall hold a
  hearing to adjudicate the violation of subdivision a of  section  20-255
  or section 20-257 within two business days after the date of the seizure
  and shall render his or her determination within two business days after
  the conclusion of the hearing.
    e. A pedicab business shall be eligible to obtain release of a pedicab
  seized  pursuant  to  subdivision d of this section prior to the hearing
  provided for in such subdivision, if such business has  not  been  found
  liable  for  a  violation  of subdivision a of section 20-255 or section
  20-257 within a five-year period prior to  the  violation  resulting  in
  seizure. The pedicab shall be released to such business upon the posting
  of  an  all  cash  bond in a form satisfactory to the commissioner in an
  amount sufficient to cover the maximum  civil  penalties  which  may  be
  imposed  for  a  violation of subdivision a of section 20-255 or section
  20-257 and all reasonable costs for removal and storage of such vehicle.
    f. Where the commissioner, after  adjudication  of  the  violation  of
  subdivision  a  of  section  20-255  or  section  20-257, finds that the
  pedicab business has not violated such subdivision, the department shall
  promptly release  such  pedicab  upon  written  demand  of  the  pedicab
  business.
    g.  Where  the  commissioner,  after  adjudication of the violation of
  subdivision a of section 20-255 or section 20-257, finds a violation  of
  such subdivision or such section, then (i) if the pedicab is not subject
  to  forfeiture  pursuant  to  paragraph  one  of  subdivision  i of this
  section, the department  shall  release  such  pedicab  to  the  pedicab
  business  upon  payment  of  all  applicable  civil  penalties  and  all
  reasonable costs of removal and storage;  or  (ii)  if  the  pedicab  is
  subject to forfeiture pursuant to paragraph one of subdivision i of this
  section, the department may release such pedicab to the pedicab business

  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 business for such pedicab.
    h.  The  department  shall  establish  by  rule  the time within which
  pedicabs  that  are  not  redeemed  may  be  deemed  abandoned  and  the
  procedures for disposal.
    i.  1.  In  addition  to any other penalty or sanction provided for in
  section 20-261  or  in  this  section,  a  pedicab  seized  pursuant  to
  subdivision  d  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 pedicab business that owns such
  pedicab has been found liable at least  two  times  within  a  five-year
  period  for  failing  to  have  such  pedicab  inspected  as required by
  subdivision a of section  20-255  or  for  permitting  operation  by  an
  unlicensed pedicab driver in violation of section 20-257.
    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 pedicab business that owns such
  pedicab, and on any person listed on an application or other  record  of
  the  department  as  an  owner  of  such pedicab. A pedicab which is the
  subject of such action shall remain in the custody of the 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 pedicab subject to forfeiture may
  assert a claim in such  action  for  the  recovery  of  the  pedicab  or
  satisfaction of such owner's interest in such pedicab.
    4.  Forfeiture  pursuant  to this subdivision shall be made subject to
  the interest of a person who claims an interest in such pedicab pursuant
  to subdivision three of this subdivision, where such person  establishes
  that:  (i)  such  pedicab  was operated without having been inspected as
  required by subdivision a of section 20-255 or operated in violation  of
  section  20-257  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  pedicab
  without  having  been  inspected as required by subdivision a of section
  20-255 or operated in violation of section 20-257 was conducted  by  any
  person other than such person claiming an interest in the pedicab, while
  such  pedicab  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  department  or  agency  having  custody of the pedicab, after
  judicial determination of forfeiture, shall,  by  public  notice  of  at
  least  five  days,  sell  such forfeited 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 pedicab, 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
  vehicle after deduction of the lawful expenses  incurred  by  the  city,
  including reasonable costs of removal and storage of the pedicab between
  the time of the seizure and the date of sale.

    j.  The  penalties  provided  by subdivisions a, b, c, d and i of this
  section shall be in addition to any other penalty imposed by  any  other
  provision of law or rule promulgated thereunder.