Section 2901.
§ 2901. Department; commissioner. There shall be a department of
transportation, the head of which shall be the commissioner of
transportation.
Section 2902.
§ 2902. Deputies. The commissioner may appoint three deputies, one of
whom shall be in charge of highway operations and be a licensed
professional engineer in good standing under the education law.
Section 2903.
§ 2903. Powers and duties of the commissioner. Except as otherwise
provided by law, the commissioner shall have control over and be
responsible for all those functions and operations of the city relating
to transportation including, without limitation, the following:
a. Parking and traffic operations. The commissioner shall:
(1) make such rules and regulations for the conduct of vehicular and
pedestrian traffic in the streets, squares, avenues, highways and
parkways of the city as may be necessary. The violation of such rules
and regulations shall be a traffic infraction triable by a judge of the
criminal court of the city of New York and, except as otherwise provided
by law, punishable by not more than fifteen days' imprisonment, or by a
fine of not more than fifty dollars, or both, and may also be
adjudicated pursuant to title nineteen of the administrative code or
pursuant to articles 2-A and 2-B of the vehicle and traffic law. The
police commissioner may, in an emergency, suspend for a period of
forty-eight hours the provisions of any such rule or regulation and
shall immediately notify the commissioner of such suspension. In order
to expedite the movement of traffic or to safeguard pedestrians or
property, a police officer or authorized employee of the transportation
department may order a person to disregard any traffic signal or any
such rule or regulation;
(2) establish, determine, control, install and maintain the design,
type, size and location of any and all signs, signals, marking, and
similar devices indicating the names of the streets and other public
places and for guiding, directing or otherwise regulating and
controlling vehicular and pedestrian traffic in the streets, squares,
parks, parkways, highways, roads, alleys, marginal streets, bridges and
other public ways of the city;
(3) make recommendations to the mayor as to the design and location of
highway lighting devices, poles and fixtures, and the type of intensity
of illumination of streets and highways;
(4) prepare and submit to the mayor a proposed comprehensive city
traffic plan;
(5) collect and compile traffic data and prepare engineering studies
and surveys in regard to vehicular and pedestrian traffic;
(6) prepare and submit to the mayor detailed reports in regard to
traffic conditions in the city;
(7) make recommendations to the mayor in regard to methods of
ameliorating traffic conditions which adversely affect the welfare of
the city and which cannot be remedied by traffic rules and regulations;
(8) submit to the mayor from time to time for consideration and
forwarding to appropriate city agencies, specific proposals for
amendment of any resolutions, rules, or regulations of any city agency
which affect traffic conditions in the city, and proposed legislation
which may be necessary to implement and effectuate such proposals;
(9) prepare and submit to the mayor, for consideration and forwarding
to the council, the city planning commission and to other agencies of
the city, recommendations and proposals for the improvement of existing
streets, street widening and the location of new streets, avenues,
highways and parkways; the location and design of parking garages and
parking areas; the establishment of public parking garages and parking
areas; the location, type and design of off-street loading and unloading
and parking facilities; and other matters relating to traffic control;
(10) coordinate the efforts of and consider the reports,
recommendations and suggestions of public and private agencies and civic
groups in regard to traffic conditions and traffic control in the city;
(11) prepare analyses of traffic accidents with a view to determining
their causes and means for their prevention;
(12) carry on educational activities for the purpose of promoting
traffic safety and free movement of vehicular and pedestrian traffic in
the city;
(13) establish parking meter zones, determine the design, type, size,
location and use of parking meters and fix the fees for parking in
parking areas and public parking garages except that regulations
pertaining to the use of parking meter zones shall not apply to vehicles
operated by disabled persons duly displaying special vehicle
identification cards issued by the commissioner other than at those
periods of time when "no standing" restrictions are in effect in the
metered zones. The parking fees and fines and penalties for violation of
parking rules so collected shall be paid into a special fund to be known
as the "traffic improvement fund." The revenues of such fund, upon
authorization by the council, shall be used for the payment of all costs
of purchase, rental, engineering, installation, operation, maintenance
and repair of parking meters, for the collection of coins, for the
enforcement of rules and regulations pertaining to vehicular parking,
the collections of fines and penalties for violation of such rules and
regulations, and for the payment of interest on, amortization of, or
payment of any indebtedness contracted by the city in connection with
the installation, operation and maintenance of parking meters. Any
revenues remaining after such payments are made shall be used for
capital and other expenditures to ameliorate traffic conditions which
adversely affect the welfare of the city;
(13-a) in conjunction with the commissioner of finance and with any
other city agency, enter into at least one agreement with a financing
agency or card issuer to provide for the acceptance by the city of
credit cards as an alternate means of payment of fines, civil penalties,
charges and fees incurred due to a violation of any law, rule, or
regulation providing for or regulating parking, stopping, standing or
trespassing of a motor vehicle. Such agreement(s) shall be in accordance
with the provisions of the administrative code governing the acceptance
by the city of credit cards as an alternate means of payment of fines,
civil penalties, taxes, fees, rent, rates, charges or other amounts owed
by a person to the city.
(13-b) notwithstanding the provisions of any other law, consult with
the commissioner of finance or the police commissioner, or any other
appropriate agency head, one or more of whom shall enter into at least
one agreement with a financing agency or card issuer to provide for the
acceptance by the city of at least two major credit cards as an
alternate means of payment of fees or charges required to be paid in
order to retrieve a motor vehicle which has been towed due to a
violation of any law, rule, or regulation providing for or regulating
parking, stopping, standing or trespassing of a motor vehicle. Such
agreement(s) shall be in accordance with the provisions of the
administrative code governing the acceptance by the city of credit cards
as an alternate means of payment of fines, civil penalties, taxes, fees,
rent, rates, charges or other amounts owed by a person to the city. For
purposes of this provision, the term "major credit card" shall mean
MasterCard, Visa, American Express or Discover. This provision shall not
be construed to apply to the towing of a vehicle in satisfaction of a
judgment for an outstanding debt owed to the city.
(14) enforce laws, rules and regulations concerning the parking of
vehicles and the movement and conduct of vehicular and pedestrian
traffic;
(a) Notwithstanding the provisions of any other law the commissioner
shall have the power, concurrently with the police department, to
enforce all laws, rules and regulations prohibiting, regulating,
directing, controlling or restricting both the parking of vehicles and
the movement and conduct of vehicular and pedestrian traffic in and on
all streets, squares, avenues, highways, parkways and public off-street
parking facilities in the city. As used in this section the term
"parking" shall mean and include the parking, standing and stopping of
vehicles at meters and off-street parking metered areas and on any
highway in the city as such terms are defined in the traffic regulations
of the city promulgated pursuant to law; and the term "highway" shall
mean and include any highway or public highway as defined in sections
one hundred thirty-four and sixteen hundred forty-two of the vehicle and
traffic law.
(b) The commissioner may employ, hire and retain officers, agents and
employees for the purpose of enforcing laws, rules and regulations
prohibiting, regulating, directing, controlling or restricting the
parking of vehicles and the movement and conduct of vehicular and
pedestrian traffic, which officers, agents and employees are hereby
authorized, empowered and designated to issue, make and serve tickets,
summonses and complaints for traffic infractions pursuant to article
two-A of the vehicle and traffic law and such rules and regulations as
may be promulgated thereunder, to issue, make and serve simplified
traffic informations and to issue, make and serve appearance tickets for
traffic infractions, misdemeanors and violations related to the movement
and conduct of vehicular traffic, pursuant to article two-B of the
vehicle and traffic law and title nineteen of the administrative code of
the city of New York and such rules and regulations as may be
promulgated thereunder.
(15) issue special vehicle identification parking permits;
(a) The commissioner shall issue a special vehicle identification
parking permit to a New York city resident who requires the use of a
private automobile for transportation and to a non-resident who requires
the use of a private automobile for transportation to a school in which
such applicant is enrolled or to a place of employment, when such person
has been certified by the department of health and mental hygiene or a
provider designated by the department or the department of health and
mental hygiene, who shall make such certification in accordance with
standards and guidelines prescribed by the department or the department
of health and mental hygiene, as having a permanent disability seriously
impairing mobility. A permit shall be issued to such person upon his or
her application. A permit shall also be issued to such person upon
application made on such person's behalf by a parent, spouse, domestic
partner, guardian or other individual having legal responsibility for
the administration of such person's day to day affairs. Any vehicle
displaying such permit shall be used exclusively in connection with
parking a vehicle in which the person to whom it has been issued is
being transported or will be transported within a reasonable period of
time. Such permit shall not be transferable and shall be revoked if used
on behalf on any other person. Any abuse by any person to whom such
permit has been issued of any privilege, benefit or consideration
granted pursuant to such permit, shall be sufficient cause for
revocation of said permit.
(b) A vehicle bearing such special vehicle identification permit when
parked shall not be deemed in violation of any of the provisions of the
rules and regulations governing parking in the city except where such a
vehicle shall be parked in a bus stop, a taxi-stand, within fifteen feet
of a fire hydrant, a fire zone, a driveway, a crosswalk, a no stopping
zone, a no standing zone, or where such vehicle is double parked.
(c) The name, address and telephone number where the permittee can be
reached shall be written on the reverse side of the permit, not to be
displayed to the public, but to be available for emergency purposes.
Such permit shall also include on the front side thereof, the license
plate number(s) of the vehicle(s) which will be used to transport the
permittee. The commissioner shall allow the permittee to add or delete
license plate number(s) as may be necessary; however, at no time shall
the number of license plate numbers on any given permit exceed ten.
(d) Any person to whom a permit has not been issued, and who shall use
a permit issued pursuant to this section for any purpose other than
parking a motor vehicle while transporting a physically handicapped
person, shall be guilty of a misdemeanor.
(e) Certifications by the department of health and mental hygiene of
applications for special vehicle identification permits shall be made at
those district health offices designated for such purpose by the
commissioner of health and mental hygiene. At least one such district
health office shall be designated in each borough for special vehicle
identification permit certifications. Such certifications shall be
available by appointment at each of said borough health offices, or an
alternative location within the borough as designated by the
commissioner by regulation, on a regular basis.
(17) Establish and publicize a telephone number for citizen reporting
of violations of section 1203-c of the vehicle and traffic law;
(a) The department shall affix a sign indicating the aforementioned
telephone number to all above grade signs, located on city property
which display the international symbol of access;
(b) Any person, firm or corporation that is required by law to install
such above grade signs, which display the international symbol of
access, shall affix a sign indicating the aforementioned telephone
number to these signs.
(c) Whenever the department shall determine that such a sign should be
installed or affixed, it may order the owner of the property to perform
such work. Such order shall specify the work to be performed and shall
fix a reasonable time for compliance. The department shall, by
appropriate regulations, provide for a reinspection by a departmental
inspector, if the owner of the property requests such reinspection.
(d) Upon the owner's failure to comply with such order or notice
within thirty days of service thereof, the department may perform the
work or cause same to be performed, the cost of which, together with
administrative expenses, as determined by the commissioner, but not to
exceed twenty percent of the cost of performance, shall constitute a
debt recoverable from the owner by lien on the property affected or
otherwise. Upon entry by the city collector, in the book in which such
charges are to be entered, of the amount definitely computed as a
statement of account by the department, such debt shall become a lien
prior to all liens or encumbrances on such property, other than taxes.
An owner shall be deemed to have complied with this subdivision if he or
she performs such work as specified in the order within the time set
forth therein.
(e) Service of a notice or order upon an owner pursuant to the
provisions of this section shall be made upon such owner or upon his or
her designated managing agent personally or by certified or registered
mail, return receipt requested, addressed to the person whose name
appears on the records of the city collector as being the owner of the
premises. If the records of the city collector show that a party, other
than the owner, has been designated to receive tax bills for such
property, the notice shall be mailed to such party as well as to the
owner of the record, at his or her last known address. If the postal
service returns the order with a notation that the owner refused to
accept delivery of such notice, it may be served by ordinary mail and
posted in a conspicuous place on the premises.
(f) A copy of such notice or order shall also be filed in the office
of the clerk of the county where the property is situated, together with
proof of service thereof.
(g) A notice of such account, stating the amount due and the nature of
the charge, shall be mailed by the city collector, within five days
after such entry, to the last known address of the person whose name
appears on the records of the city collector as being the owner or the
agent or as the person designated by the owner to receive tax bills or
where no name appears, to the premises, addressed to either the owner or
the agent.
(h) If such charge is not paid within ninety days from the date of
entry, it shall be the duty of the city collector to charge and receive
interest thereon, to be calculated to the date of payment from the date
of entry.
(i) Such charge and interest shall be collected and the lien thereof
may be foreclosed in the manner provided by law for the collection and
foreclosure of the lien of taxes, sewer rents, sewer surcharges and
water charges due and payable to the city, and the provisions of chapter
four of title eleven of the code shall apply to such charge and the
interest thereon and the lien thereof.
(j) In addition to collecting the charge for the cost of installation
or affixing of such a sign, the city may maintain a civil action for
recovery of such charge against a property owner who is responsible
under this section for such work in the first instance, provided
however, that in the event that the department performs the work without
duly notifying such person in the manner prescribed in subdivision e,
the cost to the city of performing such work shall be prima facie
evidence of the reasonable cost thereof.
(18) upon receipt of a complaint in the appropriate borough office of
the department concerning a measurement error, incorrect property
assessment, or that the property qualifies for local law sixty-seven,
the borough office shall notify the property owner, within ten business
days, in writing, where appropriate, that all records will be reviewed
and the results will be sent, if applicable, to the sidewalk assessment
review board within the department for review within thirty days of
receipt of the complaint. The property owner may schedule an appointment
in the appropriate borough office of the department to review that
property owner's records. The appropriate borough office shall notify
the property owner of the determination of the sidewalk assessment
review board in writing within fifteen business days of receiving the
determination from the sidewalk assessment review board. The borough
office shall also notify the property owner in writing that if the
property owner is not satisfied with the determination, of the right to
file a notice of claim with the office of the comptroller as provided by
section 19-152.2 of the administrative code of the city of New York and
of the right to file a petition for appeal and commence a proceeding to
review and/or correct the notice of account and/or the quality of work
performed under the direction of the department in the manner provided
by section 19-152.3 of the administrative code of the city of New York.
Such notice shall also include the appropriate claim form to be filed
with the office of the comptroller.
Upon receipt of complaint in the appropriate borough office of the
department regarding the quality of work, the department shall send an
inspector to investigate the complaint within thirty days. Where
appropriate the department shall notify the property owner in writing of
the inspection date at least five days prior to the inspection date. If
the quality of the work is determined to be poor, the work shall be
corrected by the appropriate contractor within eighteen months of
substantial completion. If the property owner alleges that the
subsequent or the corrective work was of poor quality, or if the
inspector determines that no correction is required, the property owner
shall be informed in writing, where appropriate, within ten business
days, by the appropriate borough office of the department of the right
to file a notice of claim with the office of the comptroller as provided
in section 19-152.2 of the administrative code of the city of New York
and of the right to file a petition for appeal and commence a proceeding
to review and/or correct the notice of account and/or the quality of
work performed under the direction of or by the department in the manner
provided by section 19-152.3 of the administrative code of the city of
New York. Such notice shall also include the appropriate claim form to
be filed with the office of the comptroller. Upon receipt of a complaint
other than a measurement error, incorrect property assessment, that the
property qualifies for local law sixty-seven or concerning quality of
work performed under the direction of or by the department in the
appropriate borough office of the department, the appropriate borough
office shall notify, in writing, where appropriate, within ten business
days, of the right to file a notice of claim with the office of the
comptroller as provided by section 19-152.2 of the administrative code
of the city of New York and of the right to file a petition for appeal
and commence a proceeding to review and/or correct the notice of account
in the manner provided by section 19-152.3 of the administrative code of
the city of New York. Upon request of the owner of property, the
department through the appropriate borough office shall within fifteen
business days provide for the reinspection as provided in section 19-152
of the administrative code of the city of New York. Upon request of the
owner of property, the appropriate borough office shall within fifteen
business days provide for the reinspection as provided in section 19-152
of the administrative code of the city of New York. The department shall
also post signs in conspicuous places in the borough offices advising
the public of such rights;
b. Highway operations. The commissioner shall have charge and control
of the following functions relating to the construction, maintenance and
repair of public roads, streets, highways, parkways, bridges and
tunnels:
(1) regulating, grading, curbing, flagging and guttering of streets,
including marginal streets and places, and the laying of crosswalks;
(2) designing, constructing and repairing of public roads, streets,
highways and parkways;
(3) paving, repaving, resurfacing and repairing of all public roads,
streets, including marginal streets and places, highways and parkways
and the relaying of all pavement removed for any cause including
cleaning, sweeping, landscaping and maintenance functions for arterial
highways as defined by regulation;
(4) filling of sunken lots, fencing of vacant lots, digging down of
lots and licensing of vaults under sidewalks;
(5) regulation of the use and transmission of gas, electricity,
pneumatic power and steam for all purposes in, upon, across, over and
under all streets, roads, avenues, parks, public places and public
buildings; regulation of the construction of electric mains, conduits,
conductors and subways in any streets, roads, avenues, parks and public
places and the issuance of permits to builders and others to use or open
a street; and to open the same for the purpose of carrying on the
business of transmitting, conducting, using and selling gas, electricity
or steam or for the service of pneumatic tubes, provided, however, that
this subdivision shall not be construed to grant permission to open or
use the streets except by persons or corporations otherwise duly
authorized to carry on business of the character above specified;
(6) construction, alteration and maintenance of all bridges and
tunnels. The commissioner shall issue a report to the mayor, city
council and the people of the city about the condition of all bridges
and tunnels operated and maintained by the department on March first, as
of December thirty-first of the preceding calendar year. The report
shall include a description of all capital and revenue budget funds
appropriated for rehabilitation and maintenance of bridges and tunnels
as well as the program developed by the commissioner for the maintenance
of all bridges and tunnels in the city of New York;
(7) removal of encroachments on public roads, streets, highways and
parkways, with the exception of seasonal horticultural operations, as
defined by regulations to be adopted by the commissioner, to be executed
by the department of parks and recreation, and snow removal and de-icing
operations to be carried out by the department of sanitation;
(8) clearing, grubbing, grading, filling or excavating of vacant lots
and other land areas, as provided by law;
(9) installation of metal chain link fences or barriers on overpasses,
footbridges, bridges or walkways extending over highways, roadways,
parkways and streets. Every fence or barrier so installed shall extend a
suitable height above the surface level of such overpass, footbridge,
bridge or railing, abutment or curbing thereon or adjacent thereto;
(10) designing, constructing and maintaining a lighting system for
streets, highways, parks and public places in the city.
c. Ferries and related facilities. The commissioner shall:
(1) maintain and operate the ferries of the city;
(2) be responsible for constructing, acquiring, operating, maintaining
or controlling all ferry boats, ferry houses, ferry terminals and
equipment thereof and all wharf property and marginal roads adjacent to
such wharves, ferry houses and terminals necessary for the operation of
the ferries and related facilities, including parking sites; any ferry
and any other such property, including but not limited to, all or part
of such wharf property, may be leased in the same manner as other wharf
property provided, however, that from and after the sixtieth day next
succeeding the date on which the provisions of this paragraph as hereby
amended take effect, no substantial or general change in the level of
services furnished upon any such ferry facility under the jurisdiction
of the commissioner shall be instituted, allowed or continued except
upon not less than thirty days notice to the city planning commission
and the council. Provided, further that notice of such change shall be
conspicuously posted in a public place at each ferry house and terminal
for a continuous period of at least thirty days in advance of any such
change taking effect and in addition, such notice shall further be
published at least once during such thirty day period in a daily
newspaper of general circulation in the city;
(3) have charge and control of all marine operations within the city
and the power to regulate public and private ferry operations
originating or terminating within the city;
(4) establish tours of ferry facilities and their related operations
as well as tours of the New York harbor at fees to be established by the
commissioner, together with the authority to publicize and advertise the
same;
(5) issue permits for the control of television and photography
activities within or upon ferries and related facilities; and
(6) construct, operate and maintain marinas and public boat launching
ramps and related facilities of ferry property and collect fees for the
use thereof; such fees to be deposited in a special fund for the
continued maintenance, operation or reconstruction of public marine
facilities.
d. Mass transportation facilities. The commissioner shall:
(1) prepare or review plans and recommendations with respect to the
nature, location, construction, operation and financing of roads,
highways, bridges, tunnels, subways or other facilities for mass
transportation other than aviation facilities for use in whole or in
part within the city whether or not the funds provided for such
facilities are derived from the city treasury;
(2) develop and coordinate planning and programming for all forms of
mass transportation within the city of New York whether or not said
transportation is within the sole operating jurisdiction of the city of
New York; and
(3) make recommendations to the mayor, the metropolitan transportation
authority, the New York city transit authority, the port authority of
New York and New Jersey and other city, state and federal authorities
and agencies concerning the mass transit needs of the city of New York.
Section 2904.
§ 2904. Duties and obligations of property owner with respect to
sidewalk flags, fencing of vacant lots and filling of sunken lots or
cutting down of raised lots. The owner of any property at his own cost,
shall
(1) install, reconstruct, repave and repair the sidewalk flags in
front of or abutting such property, including but not limited to the
intersection quadrant for corner property, and
(2) fence any vacant lot or lots comprising part or all of such
property and fill any sunken lot or lots comprising part or all of such
property or cut down any raised lot or lots comprising part or all of
such property whenever the transportation department shall so order
pursuant to standards and policies of the transportation department and
section 19-152 of the administrative code of the city of New York. In
the event that the owner fails to comply with the provisions of this
section, the transportation department may provide for the doing of same
at the expense of the owner in the manner to be provided by local law
and section 19-152 of the administrative code of the city of New York.
Section 2905.
§ 2905. Right of entry. The commissioner or his agent when authorized
by him may in accordance with law enter upon public or private property
for the purpose of making surveys, borings or other investigations
necessary for the exercise of the powers or the performance of the
duties of the department. Refusal to permit such entry shall be triable
by the judge of the criminal court of the city of New York and
punishable by not more than thirty days' imprisonment or by a fine of
not more than fifty dollars or both.
Section 2906.
§ 2906. Improved traffic flow at highway construction sites. The
commissioner may provide that on any city-sponsored, authorized or
assisted arterial highway construction site, or major repair site that
in the discretion of the commissioner is likely to substantially disrupt
traffic, signs be posted at least one half mile or more prior to the
area under construction or repair warning motorists of the fact that
such work is in progress and, wherever possible, advising of an
available alternate route.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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