[Added 7-14-1998 by L.L. No. 9-1998; amended 9-10-2002 by L.L. No. 8-2002; 1-13-2009 by L.L. No. 1-2009; 12-15-2015 by L.L. No. 16-2015]
A. 
The Town Board finds that significant numbers of persons fail to respond to summonses issued for violations of parking rules pertaining to restricted parking areas contained in Article IX of this chapter, and that a significant number of such persons are persistent violators of Article IX of this chapter.
B. 
By reason of the foregoing, the Town Board finds that the health, welfare and safety will be served by adoption of a local law providing additional means of enforcing parking orders, rules and regulations in the case of persons who fail to timely respond to summonses issued for violations of Article IX of this chapter or are persistent violators of Article IX of this chapter.
C. 
The Town Board does hereby enact this article to accomplish the aforesaid purposes.
A. 
The Justice Court shall establish a Scofflaw List which shall consist of all vehicles known to have three or more parking summonses for violations of Article IX of this chapter which are outstanding, unpaid or otherwise unanswered for 60 days after the date of the third summons. The Justice Court shall issue or cause to be issued a one-time notice addressed to the owner of record for any vehicle added to the Town Scofflaw List, which notice shall: (i) inform the owner that his or her vehicle may be immobilized without further notice if found parked on a public street or on publicly owned or controlled real property within the Town; and (ii) provide contact information for reclaiming said vehicle in the event it is immobilized in the future. Thereafter, the Chief of Police is authorized to order the immobilization of said vehicle added to the Town Scofflaw List, where such vehicle is found parked whether legally or illegally, on any public right-of-way or on any other publicly owned or controlled property in the Town of New Castle.
B. 
Such vehicles may be immobilized and left where found, secured by the use of a wheel lock or such other immobilization device as may be designated by the Chief of Police.
C. 
Such immobilization shall be at the sole expense of the owner of the vehicle.
When an immobilization device is used, the Police Department or its agents shall attach to the vehicle, in such form as may be directed by the Chief of Police, 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 three 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 Town.
E. 
The steps which the owner must take to obtain the release of the vehicle, including the right to a post-immobilization hearing.
F. 
Notice that the Town may tow and impound the vehicle without further notice if, after expiration of three days' time from the date of immobilization, the owner of the vehicle does not make necessary arrangements for the release of the vehicle.
G. 
Such other information, statements, notices and warnings as the Chief of Police may, from time to time, determine to be appropriate.
No person shall attempt to or shall tamper with, deface, remove or destroy an immobilization device or move a vehicle immobilized as herein provided.
A. 
If after three days any vehicle that has been immobilized has not been released to its owner, such vehicle shall be impounded by, or under the direction of, a member of the Police Department by towing or otherwise. Such vehicle shall be released to its owner in accordance with § 123-36.7.
B. 
It shall be the duty of the Police Department, within 24 hours of such towing or impoundment, to ascertain to the extent possible the owner of the vehicle and to notify such person of the immobilization, removal and impoundment of such vehicle, and of the amount which will be required to redeem the same.
A. 
Any person seeking to redeem a vehicle immobilized or impounded pursuant to this chapter must first pay all outstanding penalties, fines and fees owed for all outstanding parking violations, plus all booting, towing, storage, impoundment and administrative charges and fees charged against the vehicle. The Town shall release the impounded vehicle or remove the immobilization device, as the case may be, upon payment in full of all applicable penalties, fines, fees and charges.
B. 
In lieu of payment of the above-described charges, the owner of such vehicle can post a cash bond in the full amount of all penalties, fines and fees owed for all outstanding parking violations, plus all booting, towing, storage, impoundment and administrative charges and fees charged against the vehicle. The desk officer on duty at the New Castle Police Station shall be authorized to accept such cash bond in an amount determined by the court or Court Clerk, together with the expense of immobilization and/or impoundment. In determining the amount of such security, consideration shall be given to the likelihood of the vehicle owner appearing in Town Court to answer outstanding summonses and the number of outstanding summonses involved. The amount of such security shall not exceed the total of the maximum fines permitted upon conviction of the offenses charged in the outstanding summonses against the vehicle, plus the expense or immobilization and/or impoundment. Security payments shall be promptly transmitted to the Town Court.
A. 
Upon the written request of a person whose vehicle has been impounded or immobilized, the administrative hearing board established pursuant to Article IX of this chapter shall hear an appeal from such charges. Such hearing will be held within 48 hours of such request, and the owner shall be given an opportunity to be heard before the administrative hearing board.
B. 
The administrative hearing board shall decide on the appeal whether or not such immobilization or impoundment was warranted. The administrative hearing board's determination shall not be determinative of or adjudicate any citation issued relative to any impounded vehicle.
While a vehicle is immobilized as herein provided, any parking restrictions of which such vehicle may be in violation shall be suspended as they apply to such vehicle for a period of three days from the date of immobilization.
Any person violating any of the provisions of this article shall, upon conviction, be punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both.