Seizure of Bicycles Pursuant to Administrative Code § 19-176

RCNY tit. 38, ch. 18

in effect

38 RCNY § 18-01 Seizure of Bicycles.

§ 18-01 Seizure of Bicycles. Pursuant to Administrative Code § 19-176(c) a bicycle operated on a sidewalk under circumstances which create a substantial risk of physical injury to another person may be seized and impounded by a police officer or designated employee of the Department of Transportation, Department of Parks and Recreation or the Department of Sanitation.

38 RCNY § 18-02 Notice.

§ 18-02 Notice. At the time of such seizure the operator shall be given a written notice explaining the procedures for obtaining release of the bicycle. The notice shall include a brief description of the bicycle, the location where the bicycle may be claimed, the applicable charges for removal and storage, and instructions on the steps necessary to request an Environmental Control Board hearing. The notice shall also include a conspicuous notification to the operator and/or owner that he or she is required to contact the agency in possession of the bicycle to inform that agency if and when a hearing is scheduled on the matter. If the operator is not the owner of the bicycle notice to the operator is deemed to be notice to the owner. If the operator is less than eighteen years old, the notice shall either be personally delivered to the operator's parent or guardian or shall be mailed to the parent, guardian, or, where applicable, employer if the name and address of that person is reasonably ascertainable.

38 RCNY § 18-03 Procedure for Obtaining Release of Bicycles.

§ 18-03 Procedure for Obtaining Release of Bicycles. (a) A bicycle seized pursuant to Administrative Code § 19-176 shall not be released to the owner or other person lawfully entitled to possession unless: (i) the owner or operator submits documentation that he or she paid all applicable fines or penalties imposed for the violation, and pays all removal and storage fees as set forth below, or (ii) if there is a proceeding pending before the Environmental Control Board of the City of New York (ECB), the owner or operator posts a bond or other form of security in the amount of one hundred and fifty dollars ($150.00) which will secure the payment of such fines, penalties or charges, or (iii) a court or the ECB adjudicates the violation and finds in favor of the operator or owner. If there is such a finding in favor of the operator or owner, any amount previously paid for release of the bicycle shall be refunded. (b) The operator or owner of a bicycle seized pursuant to Administrative Code § 19-176 will be given the opportunity to receive a hearing before the ECB with respect to the seizure within five business days of the request for such a hearing in accordance with the rules and procedures of the ECB. (c) The owner or operator may request release of the bicycle by appearing during regular business hours at the location where the bicycle may be claimed, and presenting all of the following documentation: (i) satisfactory identification of the person requesting release of the bicycle; and (ii) if a representative of the owner is requesting the release, a notarized letter signed by the owner expressly authorizing their representative to claim the bicycle; and (iii) satisfactory documentation as required by subdivision a of this section of one of the following: the payment of all fines, penalties and charges, or the posting of a bond, or an adjudication in favor of the operator by a court or the ECB.

38 RCNY § 18-04 Abandoned Bicycles.

§ 18-04 Abandoned Bicycles. Any bicycle seized pursuant to Administrative Code § 19-176, which is not released and removed from City property pursuant to 38 RCNY § 18-3 of these rules within 10 days following the making of a request by a representative of the Police Commissioner or of the Commissioner of Transportation or Parks and Recreation, or Sanitation to remove it, shall be deemed to be abandoned. Such request shall be mailed to the operator of the bicycle, or to the owner of the bicycle if the owner's identity is reasonably ascertainable. If the operator is less than 18 years old, the notice shall be mailed to the operator's parent or guardian, if the name and address of that person is reasonably ascertainable, in lieu of a mailing to the operator. A bicycle will not be deemed abandoned while a respondent is awaiting a hearing or adjudication in reference to such bicycle provided the respondent complies with all sections of this chapter. A respondent awaiting a hearing regarding a seized bicycle is required to notify the agency in possession of the bicycle of the date(s) of all hearings to be held in reference to such bicycle. If a bicycle is deemed abandoned pursuant to this section it may be disposed of in the same manner that the Department disposes of other abandoned property.

38 RCNY § 18-05 Removal and Storage Charges.

§ 18-05 Removal and Storage Charges. The charge for removal of a bicycle pursuant to this section shall be twenty-five dollars ($25.00). The storage fee for storing a bicycle pursuant to this section shall be five dollars ($5.00) per day or fraction thereof computed from the day the bicycle arrives at the storage facility. All charges must be paid in cash, by certified check or by money order payable to the City of New York.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-78379Fetched: 10/24/2026