Int. No. 2142
By Council Members Rodriguez and Louis
A Local Law in relation to suspending monetary liability for parking violations issued to essential workers
Be it enacted by the Council as follows:
Section 1. As used in this local law, the following terms have the following meanings:
Covid-19 state disaster emergency. The term “Covid-19 state disaster emergency” means the state disaster emergency declared by the governor in executive order number 202 issued on March 7, 2020, and extended thereafter.
Essential business. The term “essential business” means any person or entity so defined by the New York state department of economic development in accordance with executive order 202.6 issued by the governor on March 18, 2020 and extended thereafter.
Essential worker. The term “essential worker” means any person any person employed or authorized to work at or for an essential business.
Hearing examiner. The term “hearing examiner” means an examiner presiding over hearings for the adjudication of charges of parking violations as designated by the commissioner of finance pursuant to administrative code section 19-202.
Parking violation. The term “parking violation” shall mean any violation subject to the department of finance schedule of fines pursuant to section 39-05 of title 19 of the rules of the city of New York, or any successor rules, other than violations of section 4-08(c)(3) or section 4-08(e)(2) of title 34 of the rules of the city of New York.
§ 2. No monetary liability shall be imposed upon essential workers for any parking violation issued from the effective date of the COVID-19 state disaster emergency through September 30, 2020. For any violation issued during this period, it shall be an affirmative defense that the owner or operator of such vehicle was at the time of violation an essential worker. Upon the presentation of suitable evidence, as determined by the hearing examiner, of such an affirmative defense, the hearing examiner shall waive all monetary liability for such violation.
§ 3. This local law takes effect immediately.
EL
LS #14758
10/9/2020