[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown
11-6-1989 as Ord. 3.10 of the 1959 Unified Code of Ordinances. Amendments
noted where applicable.]
A.
No owner or operator of a motor vehicle shall allow the
same to remain on any affected street during an emergency due to snowfall,
flood, fire or other extraordinary conditions affecting the normal flow of
traffic.
B.
Following a snowfall that made necessary the declaration of a snow emergency, as set forth in Chapter 291, Vehicles and Traffic, no owner or operator of a motor vehicle shall allow the same to remain on any public street or public parking lot in the village for a period of more than 24 hours without having been removed from its parking space to allow for snow-clearing operations.
No vehicle shall be parked or allowed to remain upon any street in any
of the following circumstances:
A.
When it is in a disabled condition so as to be incapable
of operation.
B.
When its position on a street is at such an hour or in
such a location as to constitute a potential hazard or obstruction to the
normal flow of traffic.
C.
After it has been parked on any public street or public
parking area for more than five consecutive days without being moved. Such
vehicle found to be parked in the same parking space on any public street
or parking area for five consecutive days or more may be removed by the village
and impounded.
[Amended 10-21-1996 by L.L.
No. 11-1996]
D.
When abandoned on a street or public place as outlined
in § 1224 of the Vehicle and Traffic Law of the State of New York.
A.
Should the owner or operator of any vehicle which is on a street in violation of the provisions of §§ 287-1 and 287-2 hereof fail to remove it with reasonable expedition, such vehicle may be caused to be removed by the Police Department.
(1)
Prior to the summonsing or removal of a vehicle due to § 287-2C of this chapter, the Police Department shall cause a tire of the vehicle and roadway surface to be marked so that noncompliance can be determined.
(2)
Further, the Police Department shall mail the last registered
owner a notice, via regular first-class mail, that the vehicle will be summonsed,
towed and impounded if not removed from the parking space within seven days
of the date of the notice.
B.
After such removal, the Police Department may store the
vehicle in a suitable place at the expense of the owner. Such owner or person
in charge of the vehicle may redeem the same upon payment of the amount of
all expenses actually and necessarily incurred for such removal and storage.
Such charges for removal and storage shall be set periodically by the Board
of Trustees as part of the municipal towing contract.
A.
In addition to any other penalties or fines imposed for
the violation of the provisions of any municipal ordinance, state law, rule
or regulation, the provisions of this section shall apply to the following
categories of vehicles:
(1)
Vehicles operated or parked on any public street, public
highway, any portion of the entire width between the boundary lines of any
way publicly maintained when any part thereof is opened to the use of the
public for purposes of vehicular travel or on any property leased by or in
the possession or control of the Village of Tarrytown in violation of any
provision of any municipal ordinance, state law, rule or regulations.
(2)
Vehicles which have three or more outstanding and unpaid
parking violations issued against them and which, after mailing to the registered
owner of a final notice, mailed regular first-class mail by the Tarrytown
Village Justice Court, are found operated or parked on any public street,
public highway, any portion of the entire width between the boundary lines
of any way publicly maintained when any part thereof is opened to the use
of the public for purpose of vehicular traffic or on any property leased by
or in the possession and control of the Village of Tarrytown.
B.
Any such vehicle may be removed or caused to be removed
by or under the direction of a member of the Department of Police by towing
or otherwise. In addition to or in lieu of towing, any such vehicle may be
immobilized in such manner as to prevent its operation, except that no such
vehicle shall be immobilized by any means other than by the use of a device
or other mechanism which will cause no damage to such vehicle unless it is
moved while such device or mechanism is in place. In any such case involving
immobilization of a vehicle pursuant to this subsection, such member of the
Police Department shall cause to be placed on such vehicle, in a conspicuous
manner, notice sufficient to warn any individual to the effect that any attempt
to move such vehicle might result in damages to such vehicle.
C.
Within 72 hours after towing or immobilization, the Police
Department shall notify the owner of such vehicle of the fact of its towing
or its immobilization, the place where it may be recovered and the conditions
under which it will be released.
D.
Release of vehicle.
(1)
Before the owner or person in charge of any vehicle taken
into custody or immobilized as above provided shall be allowed to repossess
or to secure the release of said vehicle, the owner or his/her agent shall
pay the following:
(a)
All sums legally due for any delinquent Village of Tarrytown
parking violations issued and outstanding against such vehicle and any other
vehicle registered to him/her. Should an owner wish to contest any of the
delinquent parking summonses, such owner shall be permitted to post a cash
bond equal to the amount of the fines due for those contested summonses, along
with any late penalties that may be due. Such cash bond will be held by the
Tarrytown Village Justice Court pending the disposition of the delinquent
summons cases in that court.
(b)
All sums due the towing contractor for the Village of Tarrytown for the cost of towing as provided in § 287-3 of this chapter.
(c)
All sums due the towing contractor for the Village of Tarrytown or the Village of Tarrytown for the cost of storage as provided in § 287-3 of this chapter.
(d)
If an auto restraining device has been placed on said
vehicle, payment to the Village of Tarrytown of a fee as adopted by resolution
of the Board of Trustees[1] for the application of said restraining device.
[Amended 5-6-1991 by L.L.
No. 5-1991]
[1]
Editor's Note: Such fee is on file and available for inspection in
the office of the Village Clerk during regular office hours.
(2)
No such vehicle shall be released until the owner or
his agent has established his identity and right to possession and has signed
a proper receipt therefor.
E.
Unauthorized removal of vehicle.
(1)
If, after a vehicle has been towed or immobilized, any person shall remove such vehicle without complying with Subsection D(1) and (2) of this section or shall do any damage to the immobilization device, then the owner of such vehicle and the person removing such vehicle or doing such damage shall, in addition to any other fines or penalties provided for under this chapter, be liable for any damage done to the immobilization device or mechanism and, in addition, be punishable as provided in Chapter 1, General Provisions, Article II.
[Amended 5-6-1991 by L.L.
No. 5-1991]
A.
Whenever a vehicle, other than an abandoned vehicle,
that has been removed from a street or impounded pursuant to this chapter
or impounded due to violations of the Vehicle and Traffic Law of the State
of New York is not claimed within 10 days, it shall be the responsibility
of the Chief of Police or his designee to mail a notice of removal or impound,
via certified mail, to the last registered owner, if such can be ascertained
with reasonable diligence. Such notice shall state:
(1)
The date of towing or impound and the place of storage.
(2)
What must be done by the registered owner to secure release
of the vehicle.
(3)
That if the vehicle is not claimed within 10 days of
the receipt of the notice, it will be sold at a public auction by the Village
of Tarrytown.
(4)
That if personal property within the vehicle is unclaimed
within 10 days of the receipt of the notice, said property will become the
property of the Village of Tarrytown and be disposed of according to law and
according to procedures established by the Treasurer.
B.
If the vehicle is not claimed within 10 days of the date the owner receives the notice or of the date the postal service reports the notice was undeliverable to the owner, the Chief of Police or his designee shall notify the Village Treasurer, who shall arrange for the vehicle to be sold at public auction. Further, if personal property within the vehicle is unclaimed within 10 days of the notice sent in accordance with Subsection A above, the Chief of Police or his designee shall be responsible to secure the property and turn the same over to the Treasurer for disposition.
C.
Abandoned vehicles, as described in § 1224
of the Vehicle and Traffic Law of the State of New York, shall be disposed
of in accordance with the provisions of such § 1224.
D.
Pursuant to the provisions of § 1224, entitled
"Abandoned vehicles," of the New York State Vehicle and Traffic Law, the Village
of Tarrytown hereby authorizes the Chief of Police to convert in any one calendar
year up to 1% of its unclaimed abandoned vehicles or two such vehicles, whichever
is greater, for its own use.
The proceeds from the sale of any vehicle sold as provided in § 287-5 of this chapter shall be applied first to the costs of sale; second against the towing charges; third against any storage charges; and fourth to any and all unpaid delinquent parking summonses issued in the Village of Tarrytown against said vehicle and against any other vehicles registered to the owner thereof. In the event that the sale proceeds exceed the above cost and charges, the excess shall be held without interest by the Village Treasurer for the benefit of the owner for a period not to exceed five years. If the proceeds remain unclaimed after the five-year period, the proceeds shall be paid into the general fund of the village.
A.
Upon presentation of proof of towing, the towing contractor
will be reimbursed for the appropriate towing charges.
B.
Upon presentation of proof of storage and proof that
a valid lien is in existence for such storage fees as provided in the Lien
Law, the towing contractor will be reimbursed for the appropriate storage
fees.
