[HISTORY: Adopted by the Board of Trustees
of the Village of Spring Valley 9-20-2003 by L.L. No. 5-2003.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 244, Vehicles, Abandoned, adopted 8-11-1987 by L.L. No.
12-1987, as amended.
This chapter shall be known and may be cited
as the "Abandoned and Unregistered Vehicles Law" of the Village of
Spring Valley.
The attention of the Board of Trustees of the
Village of Spring Valley has been directed to the unwanted presence
in the Village of unregistered and/or abandoned vehicles. The presence
of those vehicles, many of which are illegally parked, are often in
poor condition and are frequently vandalized, are unsightly and are
a source of concern to the residents who live in the areas where those
vehicles are located. It is, therefore, the intent of the Village
Board, by enactment of this chapter, to minimize and, to the extent
possible, prevent the presence in the Village of unregistered and/or
abandoned vehicles thereby promoting the health, safety and general
welfare of the public.
A.
It is hereby determined and declared that the placing,
abandoning, leaving, keeping or out-of-doors storage of any motor
vehicle which is not registered for the current year or a vehicle
which is not currently in use for transportation or any other unused
machinery or equipment on public or private lands in the Village of
Spring Valley is contrary and inimical to the public welfare in that
such articles, so placed, abandoned, unregistered, left, kept, or
stored, attract or may attract persons of tender years who, being
so attracted, may play in and about them and be injured in so doing,
and in that such articles so placed, abandoned, unregistered, left,
kept or stored out of doors, exposed to the elements, deteriorate,
and in themselves are unsightly and, deteriorating, become more unsightly,
and are detrimental to and depreciate the value of properties in the
neighborhoods where they are located and in the Village as a whole.
B.
It is further determined that the placing or parking
of any motor vehicles in areas of the Village designated as fire lanes,
or in other areas of the Village where the placing of such vehicles
is prohibited by law or by regulation of the Police Department, is
contrary and inimical to the public welfare in that such vehicles
so placed or parked create conditions which are dangerous to life
and to the welfare of the Village and of the community as a whole.
C.
It is hereby further found and declared that the placing,
abandoning, leaving, keeping or storage out of doors of any articles
mentioned hereinabove, except as permitted herein, is a violation
of this chapter and shall be punished by the penalties set forth hereinafter.
A motor vehicle shall be deemed to be unregistered
if it does not contain valid license plates as required by the Vehicle
and Traffic Law of the State of New York or an equivalent law of any
other state or does not display a sticker, tag or other indicia of
current registration in its front window which coincides with the
displayed license plates.
A motor vehicle shall be deemed to be an abandoned
vehicle if left unattended:
A.
With no number plates affixed thereto for more than
six hours on any highway, street or other public place.
B.
For more than 24 hours on any highway, street or other
public place, except a portion of a highway, street or public place
on which parking is legally permitted.
C.
For more than 48 hours, after the parking of such
vehicle shall have become illegal, if left on a portion of a highway,
street or public place on which parking is legally permitted.
D.
For more than 96 hours on the property of another,
if left without permission of the owner.
If an abandoned or unregistered vehicle is,
at the time it is deemed abandoned, to have no license plate affixed
or the licensed plate affixed does not correspond to the registration
and the wholesale value of the vehicle, taking into consideration
its condition, is $1,250 or less, title shall immediately vest in
the Village of Spring Valley.
A.
Except as governed by § 244-6 above, the Village of Spring Valley, having custody of an abandoned or unregistered vehicle, shall make inquiry concerning the last owner of such vehicle as follows:
B.
The Village of Spring Valley shall notify the last owner, if known, that the vehicle in question has been recovered as an abandoned or unregistered vehicle and that it will be sold at public auction or by bid after 10 days from the date such notice was given. If the agency described in Subsection A(1) above also notifies the Village of Spring Valley that a lien or mortgage exists, notice shall be given to the lienholder or mortgagee.
C.
Notice shall be given in accordance with the regulations
promulgated by the Commissioner of Motor Vehicles. Any person claiming
such vehicle shall be required to pay the costs of removal and storage
of the vehicle.
D.
Ownership of such abandoned vehicle, if unclaimed.
shall vest in the Village of Spring Valley 10 days from the date such
notice is given or, if the last owner cannot be ascertained, when
notice of such fact is received.
The Village of Spring Valley shall determine if an abandoned or unregistered vehicle is suitable for operation on the public roadways. If so, the vehicle should be sold at public auction to the highest bidder or converted pursuant to § 244-10.
A.
If the Village determines that an abandoned or unregistered
vehicle is not suitable for operation on the public roadways, it shall
remove and destroy the vehicle identification number plate and sell
the vehicle to a vehicle dismantler or scrap processor registered
or certified pursuant to the Vehicle and Traffic Law of the State
of New York or to a vehicle dismantler or scrap processor who does
not have a place of business within the state but who conforms to
the laws and regulations of the state in which he/she has a place
of business.
B.
An abandoned or unregistered vehicle without a vehicle
identification number plate must be sold only to a vehicle dismantler
or scrap processor registered or certified pursuant to the Vehicle
and Traffic Law of the State of New York or to a vehicle dismantler
or scrap processor who does not have a place of business within the
state, but who conforms to the laws and regulations of the state in
which he/she has a place of business. Nothing contained herein shall
prevent the Village of Spring Valley from applying for a replacement
vehicle identification number plate.
[Amended 10-11-2006 by L.L. No. 6-2006]
The Village of Spring Valley may convert in any calendar year up to 1% of its unclaimed abandoned or unregistered vehicles not affected by § 244-4 of this chapter or two such vehicles, whichever is greater, to its own use. Any proceeds from the sale of an abandoned or unregistered vehicle less any expenses incurred by the Village shall be held by the Village for a period of five years. If not claimed within such five-year period, such proceeds shall be paid into the general fund of the Village of Spring Valley.
[Amended 10-11-2006 by L.L. No. 6-2006]
No person shall cause a vehicle to be abandoned
or unregistered. A violation of this section shall be punishable by
a fine of not less than $100 nor more than $250 for a first violation;
not less than $250 nor more than $500 for a second violation and not
less than $500 nor more than $1,000 for each additional violation.
The second or additional violations refer to the violator not to the
vehicles abandoned or unregistered. If any fine imposed hereunder
is unpaid for more than 30 days, the court shall revoke the driver’s
license of the individual who caused the vehicle to be abandoned or
unregistered and direct that a copy of the judgement of conviction
be mailed by the Clerk to the Commissioner of Motor Vehicles.
No person other than one authorized by the Village
of Spring Valley shall destroy, deface or remove any vehicle or part
thereof which is left untended on a highway or other public place
without number plates affixed or which is abandoned or unregistered.
A violation of this section shall be a Class A misdemeanor.
The last owner of an abandoned or unregistered
vehicle shall be liable to the Village of Spring Valley for the costs
of removal, storage or other charges attributable thereto, including
all fines and penalties due for illegal parking of said vehicle.
A.
When any vehicle found parked, left unattended, abandoned
or unregistered on any public roadway or public parking lot within
the Village constitutes an obstruction to traffic or a danger to pedestrians
or where stopping, standing or parking is prohibited, said vehicle
may be removed by the Village Police, Code Enforcement Officer or
Parking Enforcement Officer.
B.
The last owner of said vehicle shall be liable to
the Village of Spring Valley for the costs of removal, storage or
other charges attributable thereto, including all fines and penalties
due for illegal parking of said vehicle,
A.
When any vehicle is found parked, left unattended,
abandoned or unregistered on any public roadway, public parking lot
or parking lot servicing any commercial or residential establishment
within the Village during a snowstorm, flood, fire or other public
emergency affecting that portion of any public roadway, public parking
lot or parking lot servicing any commercial or residential establishment
upon which that vehicle is parked, abandoned or unregistered, or when
any vehicle is parked, left unattended, abandoned or unregistered
within the designated fire lanes on any public roadway, public parking
lot or parking lot servicing and commercial or residential establishment
within the Village, said vehicle may be removed by the Village Police,
Code Enforcement Officer or Parking Enforcement Officer.
B.
The last owner of said vehicle shall be liable to
the Village of Spring Valley for the costs of removal, storage or
other charges attributable thereto, including all fines and penalties
due for illegal parking of said vehicle.
A.
No person shall place, abandon, leave, keep, store
or suffer or permit the placing, abandoning, leaving, keeping or storing
of any motor vehicle out of doors which is not currently in use for
transportation or which is not currently registered upon any public
land in the Village or between the right-of-way side lines of any
public thoroughfare therein.
B.
No person shall place, abandon, leave, keep, store
or suffer or permit the placing, abandonment, leaving, keeping or
storing of more than one unregistered motor vehicle on private land
in the Village.
C.
If the vehicle which is placed, left, kept or stored
on private property is determined by a Parking Enforcement Officer,
Code Enforcement Officer or Code Inspector of the Village of Spring
Valley to be dangerous to the safety and health of the public because
of its condition, and if said vehicle is placed, left, kept or stored
on the property of a multiple dwelling, the Parking Enforcement Officer.
Code Enforcement Officer or Code Inspector shall give notice to remove
said vehicle to the record property owner by certified mail, return
receipt requested, or by posting in a conspicuous place on said property.
D.
If said property is a private residence rather than
a multiple residence and the owner is not a tenant at said private
residence, then notice to remove shall be given to the property owner
or tenant by certified mail, return receipt requested, or by posting
in a conspicuous place on said property.
E.
If a vehicle covered by this section of the Code is
not removed within five days, the Parking Enforcement Officer or Code
Inspector of the Village of Spring Valley is authorized to have said
vehicle removed. It shall be presumed that the vehicle is on said
property in violation of this chapter. Violation of this section shall
result in a fine of not less than $100 nor more than $250 for a first
violation: not less than $250 nor more than $500 for a second violation
and not less than $500 nor more than $1,000 for each additional violation.
The second or additional violations refer to the violator not to the
vehicles. Such fines shall be in addition to payment for towing and
storage charges.
[Amended 10-11-2006 by L.L. No. 6-2006]
F.
Nothing contained herein shall be deemed to prohibit
the placing, leaving, keeping or storing of any such vehicle in an
enclosed garage or other building.
A.
A Parking Enforcement Officer, Code Enforcement Officer
or Code Inspector of the Village of Spring Valley is hereby authorized
to remove or have removed by towing or otherwise any vehicle left,
kept or stored at any place within the Village in violation of any
of the sections of this chapter or which otherwise appears to be lost,
stolen or unclaimed. Such vehicle shall be impounded by the Village
at such place as may be, from time to time, authorized by the Board
of Trustees.
B.
Vehicles so removed may be reclaimed and shall be
subject to a towing charge, plus a storage charge of $10 a day. If
a vehicle is not claimed within 30 days from the date it was impounded,
the Village shall dispose of the vehicle impounded in accordance with
this chapter and shall deposit any funds received to the general fund
of the Village, subject only to the requirements of the Vehicle and
Traffic Law of the state and regulations issued pursuant thereto.
C.
If a vehicle is removed from private property within
the Village, the Parking Enforcement Officer, Code Enforcement Officer
or Code Inspector of the Village of Spring Valley shall, within 10
days after impoundment, send a notice by certified mail, return receipt
requested, to the owner of the land, at the last address shown on
the assessment roll of the Village, advising that the vehicle has
been impounded and must be reclaimed within 30 days. In the event
that the vehicle is not so reclaimed, then the towing charge and any
storage charge shall be added to the following year's tax assessment
upon such land, and the vehicle shall be disposed of in accordance
with applicable state and local law and in the manner set forth in
this chapter.
Abandoned or unregistered vehicles impounded
by the Village with the consent of the owner of the land upon which
the vehicle has been abandoned may be disposed of by the Village,
subject to state law, immediately upon impounding, upon direction
of the impounding official, and any funds received as a result thereof
shall be deposited to the general fund of the Village as permitted
by state law.
[Amended 10-11-2006 by L.L. No. 6-2006]
Except where the amount of a fine is otherwise
specified in various sections of this chapter, any person, firm or
corporation found guilty of a violation of this chapter may be fined,
in addition to the charges for impoundment, towing and storage of
the vehicle, not less than $100 nor more than $250 for a first violation:
not less than $250 nor more than $500 for a second violation and not
less than $500 nor more than $5,000 for each additional violation
and/or imprisonment for a period not to exceed 15 days, or both.
This chapter shall not have any applicability
to car rentals and new or used car sales, businesses or agencies.
