Village of Port Chester, NY Removal and Storage of Vehicles

[Amended 2-1-1982 by L.L. No. 3-1982]

When any vehicle is parked or abandoned on any street, street right-of-way, highway or parking area within this Village during a snowstorm, flood, fire or other public emergency which affects that portion of the public street, street right-of-way, highway or parking area upon which said vehicle is parked or abandoned, or when any vehicle is found unattended on any street, street right-of-way, highway or parking lot within the Village where said vehicle constitutes an obstruction to traffic or when any vehicle is parked or abandoned on any street, street right-of-way, highway or parking lot within this Village where stopping, standing or parking is prohibited, said vehicle may be removed by or under the direction of the Police Department of the Village of Port Chester.

It shall be unlawful to, and no motor vehicle may, be parked on any public street or parking area for more than 24 consecutive hours. Any automobile found to be parked on any public street or parking area for 24 consecutive hours or more may be removed by the Village and impounded, and such removal shall be paid by such owner, his agent or representative.

[Added 7-6-1981 by L.L. No. 5-1981; amended 1-28-1982 by L.L. No. 1-1982]

In addition to any other penalties or fines imposed for the violation of Article III, § 319-26D(5) and (6) hereof, the provisions of this section shall apply to the following categories of vehicles:

[Amended 8-7-2000 by L.L. No. 11-2000; 3-1-2010 by L.L. No. 1-2010]

(1)

Vehicles operated or parking on any public street, public highway, or any portion of the entire width between the boundary lines of any way publicly maintained when any part thereof is open to the use of the public for purposes of vehicle travel, or any property leased by, or in the possession and control of the Village of Port Chester or otherwise designated for a general public purpose, in violation of any municipal ordinance, state law, rule or regulation.

(2)

Vehicles which have three or more outstanding and unpaid parking violations issued against them and which, after mailing to the registered owner a notice, 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 open to the use of the public for purposes of vehicular traffic or any property leased by, or in the possession and control of, the Village of Port Chester or otherwise designated for a general public purpose.

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 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 damage to such vehicle.

Within 24 hours after towing or immobilization, the Police Department shall notify the owner of such vehicle of the fact of its towing or immobilization, the place where it may be recovered and the conditions under which it will be released.

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, in cash or certified check, the following:

[Amended 8-2-1982 by L.L. No. 29-1982; 6-13-1983 by L.L. No. 9-1983; 9-2-1997 by L.L. No. 14-1997]

(a)

To the Village of Port Chester, all sums legally due for parking violations issued and outstanding against such vehicle and any motor vehicle registered in the name of the registered owner of the impounded motor vehicle.

(b)

To the Village of Port Chester, an administrative fee as set out in Chapter 175, Fees, for the Village's expense of securing the tow service, if applicable.

(c)

To the Village of Port Chester, a fee as set out in Chapter 175, Fees, for the application and removal of said auto-restraining device placed on such vehicle.

(d)

To the towing service, the cost of towing and storage as set out in Chapter 175, Fees.

(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.

If, after a vehicle has been towed or immobilized, any person shall remove such vehicle without complying with Subsection D(1) and (2) 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 subsection, be liable for any damage done to the immobilization device or mechanism and in addition, be subject to a fine of not more than $100.

[Amended 12-6-1982 by L.L. No. 35-1982]

(1)

That the owner of such vehicle may, as a defense to this Subsection E, plead and prove that at the time of such removal or damage, such vehicle was stolen but only if, prior to such act or acts, notice of a stolen vehicle had been given to the applicable police authority.