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