[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza 3-19-1997 by L.L. No. 2-1997. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 206.
The following terms, when used in this chapter, shall have the meanings indicated:
- The entity or individual that is applying for a license.
- IMMOBILIZATION DEVICE
- A device which when locked to one of the wheels or axles of a parked motor vehicle immobilizes the motor vehicle, and which cannot be removed by the owner of the motor vehicle.
- The license, issued by the Village of Great Neck Plaza, authorizing the licensee to attach immobilization devices to motor vehicles within the Village of Great Neck Plaza, or to conduct a business that does so.
- An entity or individual holding a valid license issued under this chapter.
- MOTOR VEHICLE
- A vehicle which is self-propelled except one which is propelled solely by human power or by electric power obtained from overhead trolling wires, but not operated upon rails. Said term shall include cars, trucks and vans.
- An individual, partnership, unincorporated association, corporation or other entity.
- A parcel of land, building or other real property located with the village, regardless of the form of legal ownership, and shall include cooperatives or condominiums.
- PROPERTY HOLDER
- Any person who owns, rents or controls property within the village.
- The Village of Great Neck Plaza.
Except as set forth in § 207-2C below, it shall be unlawful for any person to operate a business which attaches immobilization devices to motor vehicles within the village, or to attach such devices to motor vehicles within the village, without first having obtained and then having in force a valid license.
Except as set forth in § 207-2C below, it shall be unlawful for any property holder to hire, retain or pay any person to attach immobilization devices to motor vehicles within the village, or to allow any person to attach immobilization devices on property owned, rented or controlled by the property holder, unless said person has in force a valid license under this chapter.
Notwithstanding anything to the contrary contained herein, any entity or person which is hired by the village itself to attach immobilization devices within the village shall not require a license under this chapter.
An application for a license under this chapter shall be filed with the Clerk of the village upon forms which shall be provided by the village and which shall be verified under oath.
A verified application for a license shall contain the following information:
The name and address of the applicant, the names and addresses of all corporate shareholders having more than 5% ownership share, the names and addresses of all officers and directors, if the applicant is a corporation, and of all members of an unincorporated association or partnership, if the applicant is an unincorporated association or partnership;
A list of all misdemeanors or felonies of which the applicant or any person described in § 207-3B(1) has been convicted, stating the name and location of the court where the convictions were entered and the date thereof and the penalties imposed thereof;
A list of any administrative proceeding before a consumer protection agency or comparable agency which involved the applicant or any person described in § 207-3B(1) and which resulted in a fine or other penalty, together with the name of the administrative agency, the nature of the penalty imposed and the date;
Any other relevant information which the village may require.
Any license issued hereunder shall be valid for a period of one year from the date of its issuance. Any such license may be renewed in the thirty-day period prior to its expiration date upon submission to the Village Clerk of the same information that would be required upon an initial application.
Any licensee or other person who attaches or causes to be attached an immobilization device to motor vehicles within the village and any property holder which allows immobilization devices to be attached to motor vehicles on property owned, controlled or rented by said property holder shall comply with the following regulations and procedures:
Signs must be conspicuously posted at all entrances to the property on which immobilization devices are used. Such signs shall be conspicuously posted and shall be adequately visible 24 hours per day.
The signs required by § 207-4A(1) shall state:
That immobilization devices will be attached to all motor vehicles parked on the property illegally or without authorization;
The times and places where parking is prohibited on the property;
That removal of the device will be at the expense of the owner or operator of the motor vehicle;
The charges for removal of an immobilization device; and
The name, address and telephone number of the licensee.
The signs required by § 207-4A(1) must measure at least 1.5 feet horizontally and two feet vertically and must be constructed of a material appropriate for outdoor use and designed to provide visibility at night. Lettering must be in red ink and at least one inch in height and must be maintained so as to be legible at all times.
Charges. The charges for removal of an immobilization device shall not exceed $300 per motor vehicle (exclusive of taxes). Said maximum fee can hereafter be changed by resolution of the Board of Trustees.
[Amended 12-2-2015 by L.L. No. 4-2015]
Bill for removal of immobilization device.
The licensee shall have prepared a pad of prenumbered bills containing a printed billhead showing the name and address of its place of business. The licensee shall prepare a bill on this billhead form in triplicate, the original of which shall be furnished to the owner or operator of the motor vehicle. The bill must contain the following information:
The full name and address of the property holder requesting attachment of the immobilization device;
The license plate number of the motor vehicle to which the immobilization device was attached;
The charge for removal of the immobilization device;
The full name and address of the licensee; and
The number of the license issued by the village.
The duplicates of the bill shall be retained by the licensee for a period of six months at its place of business as set forth on its license and also by the property holder on site at the property for a period of six months. These bills shall be exhibited upon demand of any official of the village or any member of the Nassau County Police Department. Upon payment of the bill given to the owner or operator of the motor vehicle, the licensee shall acknowledge receipt of payment of such bill.
Editor’s Note: Former Subsection C(3), which immediately followed and required licensees to accept credit cards for fee payment and have on-site telephone access, was repealed 12-2-2015 by L.L. No. 4-2015.
Limitation on attachment of immobilization devices.
An additional immobilization device may not be attached to a motor vehicle which already has an immobilization device attached to it.
No immobilization device may be attached to a motor vehicle which is illegally parked until after a ten-minute grace period is allowed, except if said motor vehicle is illegally parked in a fire lane. For this purpose, at least ten minutes prior to attaching any immobilization device to a motor vehicle, a warning notice shall be placed under the windshield of an illegally-parked motor vehicle advising of this ten-minute grace period. Furthermore, a photograph of such notice under the windshield must be taken with a camera which records the date and time when such notice has been placed under the windshield. Said-notice shall not be glued or fixed to the motor vehicle and shall not exceed three inches by five inches in size.
After an immobilization device is attached to a motor vehicle, a photograph must be taken of the booted vehicle with a camera which records the date and time when such immobilization device has been attached.
After the attachment of any immobilization device, a notice shall be placed under the windshield of the motor vehicle which shall provide the name, address and phone number of the licensee and the time at which the immobilization device was attached and shall also describe the procedure for arranging for the removal of the immobilization device. Said notice shall not be glued or otherwise affixed to the motor vehicle and which shall not exceed three inches by five inches in size.
Attendance. In the event that the licensee does not have a person physically on the property where it has attached an immobilization device, licensee must respond within 60 minutes to any request to remove an immobilization device or within such time as may hereinafter be approved by the Board of Trustees by resolution. In order to monitor this response time, the licensee must keep a written log recording the date and time of all calls requesting the removal of an immobilization device as well as the date and time when the licensee responded to such call, and such written log shall be made available upon demand to any authorized official of the village.
Payment. Any person employed by a licensee who attaches immobilization devices on motor vehicles shall be paid on an hourly or other fixed basis which does not set the amount of said person's compensation by reference to the number of immobilization devices attached. This provision shall have no reference to the share of profits distributed by a licensee to its shareholders or principals.
Insurance and contracts.
No license hereunder shall be issued before the applicant provides a certificate of insurance or other proof satisfactory to the Village Clerk to demonstrate that the license is insured against liability for personal injury and property damage in an amount exceeding $1,000,000. Said certificate of insurance shall require that the Village Clerk receive 10 days' prior written notice of cancellation or amendment of said policy.
Licensees and property holders shall file with the village a copy of all contracts authorizing or retaining the licensee to attach immobilization devices to illegally-parked motor vehicles on property within the village.
Areas of use. No person may attach or cause to be attached an immobilization device to a motor vehicle within the village except on private property owned, controlled or rented by a property holder who has expressly authorized the use of such devices. No immobilization device may be attached by any person to motor vehicles on public streets or roadways within the village unless the village has hired and authorized said person to do so.
[Amended 12-2-2015 by L.L. No. 4-2015]
The fee for each license, when initially issued to an applicant, shall be $250. The fee for the annual renewal of a license shall be $100.
The license of any person to attach immobilization devices within the village or to operate a business which engages in attachment of immobilization devices to motor vehicles within the village may be suspended or revoked for a period to be determined by the Village Clerk if such person shall violate any provisions of this chapter or any rule or regulation adopted hereunder or if the licensee shall be guilty of making a false statement or misrepresentation in its application for a license. No suspension or revocation shall be made by the Village Clerk without a hearing having been held thereupon not less than five business days after written notice thereof shall have been given to the licensee, either in person or by registered or certified mail.
The Village Clerk, upon receiving information giving him or her reasonable cause to believe that any licensee has violated any provision of this chapter or has been convicted of any violation referred to in this section or is guilty of having made a false statement or misrepresentation in its application, and upon finding that the public safety and welfare requires immediate action, may temporarily suspend forthwith such person's license and permission to attach immobilization devices within the village until such time as a hearing is held by the Village Clerk as provided hereinabove and the Village Clerk shall have rendered his or her determination thereon.
Effect of suspension or revocation.
It shall be unlawful for any person to attach an immobilization device to any motor vehicle within the village or to cause such a device to be attached if it has been determined, in accordance with this section, that said person's license to operate within the village has been suspended or revoked.
It shall be unlawful for any property holder to retain, hire or pay any person to attach any immobilization device within the village if said person's license has been suspended or revoked.
It shall be unlawful for any property holder to allow, tolerate, cause or permit any violation of this chapter on its property.
Any person, licensee or property holder who violates any provision of this chapter shall be punishable for each violation by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.