Limiting the parking of motor vehicles by dealers.

A Local Law to amend the administrative code of the city of New York, in relation to limiting the parking of motor vehicles by dealers.

This bill would make it unlawful for any dealer to park, store, or otherwise maintain a motor vehicle upon any city street for the purpose of displaying the motor vehicle for sale or greasing or repairing such motor vehicle (except in the case of an emergency repair). Additionally, it would prohibit any dealer from parking, storing, or otherwise maintaining on any street a motor vehicle that is in the dealer’s possession while awaiting repair or subsequent return to the owner or lessee of such motor vehicle. Dealers in possession of motor vehicles awaiting repair or return to the owner or lessee would be required to display a placard indicating the dealer’s name, address, license number, and telephone contact information in a manner clearly legible through the motor vehicle’s forward windshield. Each violation of these prohibitions would be punishable by a fine of no less than $250 and no more than $400. Every day that a motor vehicle is parked illegally would be considered a separate violation. Additionally, the bill would allow the owner or lessee of a motor vehicle who receives a summons for a parking violation on a date and time in which the dealer was in the possession of the motor vehicle to use the dealer’s possession as an affirmative defense. If this defense is successful, the Transportation Commissioner may issue a summons, violation, or otherwise prosecute the dealer in possession at the time of the offense. The bill would also make any motor vehicle parked upon any city street for the purpose of displaying the motor vehicle for sale or greasing or repairing such motor vehicle (except in the case of an emergency repair) subject to impoundment. Any motor vehicle impounded would not be released until all applicable towing and storage fees were paid. If a motor vehicle is impounded or receives a summons while in possession of a dealer who is not the owner or lessee of the vehicle, the bill permits the owner or lessee of the vehicle to maintain a private cause of action against the dealer in possession.