[Added 4-25-1994 by L.L. No. 8-1994]
This Article may be cited as the "Booting and
Towing Law of the Village of Spring Valley."
A.
The Board of Trustees finds that significant numbers
of vehicle owners fail to respond to parking summonses issued for
violations of parking orders, rules, regulations and local laws; that
a significant number of such owners are persistent violators; and
that by reason of out-of-state registration of such vehicles, transfer
of ownership and reregistration of such vehicles and other devices,
violators frequently are able to evade existing enforcement measures.
B.
By reason of the foregoing, the Board of Trustees
finds that the health, welfare and safety will be served by adoption
of a local law providing additional means of enforcing parking orders,
rules, regulations and local laws in the case of vehicle owners who
fail to timely respond to summonses issued for parking vehicles or
have outstanding fines for parking violations.
C.
The Board of Trustees does hereby ordain and enact
this Article to accomplish the aforesaid purposes.
A.
The Chief of Police, and/or any parking enforcement
officer, is hereby authorized to provide for immobilization or towing
of vehicles against which two or more parking summonses have been
issued if two or more of such summons have not been answered within
45 days of the appearance date or dates shown on the summonses or
upon which there are outstanding fines for parking violations which
have not been paid.
[Amended 9-20-2003 by L.L. No. 5-2003]
B.
Such vehicles may be immobilized and left where found,
secured by the use of a steel lock or such other immobilization device
as may be designated by the Chief of Police, and/or any parking enforcement
officer, or, in the alternative, may be towed by the Village to a
specified lot or yard.
[Amended 9-20-2003 by L.L. No. 5-2003]
C.
Such immobilization and/or towing shall be at the
expense of the owner of the vehicle and shall include all storage
charges and/or any other charge attributable thereto, including all
fines and penalties due for parking vehicles.
D.
Any vehicle that has been immobilized and not lawfully
released or lawfully removed by the owner of the vehicle for 72 hours
from the time of such initial immobilization may be impounded and
towed at the direction of the Chief of Police and/or any parking enforcement
officer, which removal and storage shall be at the expense of the
owner of the vehicle.
[Amended 9-20-2003 by L.L. No. 5-2003]
[Amended 9-20-2003 by L.L. No. 5-2003]
When an immobilization device is used, the Police
Department and/or the Traffic Enforcement Department or their agents
shall attach to the vehicle, in such form as may be directed by the
Chief of Police and/or the Parking Enforecement Officer, a notice
containing the following information:
A.
The location and identifying characteristics of the
vehicle.
B.
The date and time of placement of the device and signature
of the installer.
C.
Notice that further parking restrictions will be waived
during the immobilization period for a period of five days from the
date of immobilization.
D.
Notice that any person tampering with the device or
the vehicle will be subject to criminal prosecution and liable for
any loss to the Village.
E.
The steps which the owner must take to obtain the
release of the vehicle.
F.
Such other information, statements, notices and warnings
as the Chief of Police and/or the Parking Enforcement Officer may
from time to time determine to be appropriate.
A.
No person shall attempt to or tamper with, deface,
remove or destroy an immobilization device or move a vehicle immobilized
as herein provided.
B.
A violation of this section shall be punishable by
a fine not exceeding $5,000 or by imprisonment for up to 15 days,
or both.
[Amended 4-11-1995 by L.L. No. 1-1995]
A.
Any vehicle immobilized as herein provided shall be
promptly released to its owner upon:
(1)
Payment of the expenses of immobilization, hereby
found to be $60 and the costs of towing, storage and all incidental
charges, together with payment of all fines and penalties for delinquent
parking tickets or judgments against the owner arising from such nonpayment.
[Amended 9-20-2003 by L.L. No. 5-2003]
(2)
An order of the Village Justice Court authorizing such release. The Village Justice Court shall coordinate with the Parking Enforcement Officer to ascertain that the expenses of immobilization and all other costs referenced in § 249-37A(1) have been paid before authorizing the release of the vehicle.
[Amended 9-20-2003 by L.L. No. 5-2003]
(3)
The owner furnishing security for appearance in the
Village Justice Court to answer parking summonses outstanding against
such vehicle and the expense of immobilization or towing and storage.
(4)
Proof of ownership and current automobile issued to
the Village Justice Court Clerk.
B.
The operator or owner will be issued a receipt authorizing
pickup of the vehicle or to have the boot removed. Payment shall be
by cash, certified check, bank check or money order.
C.
The amount of such security shall not exceed the total
of the maximum fines permitted upon conviction of the offenses charged
in outstanding summonses against the vehicle of the vehicle owner's
failure to timely answer, plus the expense of the immobilization.
D.
While a vehicle is immobilized as herein provided,
any parking restriction of which such vehicle may be in violation,
except as provided herein, shall be suspended as they apply to such
vehicle for a period of three days from the initial date of immobilization.