[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.]
GENERAL REFERENCES
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.
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.
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.
Any person who owns, rents or controls property within the
village.
The Village of Great Neck Plaza.
A.
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.
B.
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.
C.
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.
A.
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.
B.
A verified application for a license shall contain
the following information:
(1)
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;
(2)
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;
(3)
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;
(5)
Any other relevant information which the village may
require.
C.
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:
A.
Signage.
(1)
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.
(2)
The signs required by § 207-4A(1) shall state:
(a)
That immobilization devices will be attached
to all motor vehicles parked on the property illegally or without
authorization;
(b)
The times and places where parking is prohibited
on the property;
(c)
That removal of the device will be at the expense
of the owner or operator of the motor vehicle;
(d)
The charges for removal of an immobilization
device; and
(e)
The name, address and telephone number of the
licensee.
(3)
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.
B.
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]
C.
Bill for removal of immobilization device.
(1)
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:
(a)
The full name and address of the property holder
requesting attachment of the immobilization device;
(b)
The license plate number of the motor vehicle
to which the immobilization device was attached;
(c)
The charge for removal of the immobilization
device;
(d)
The full name and address of the licensee; and
(e)
The number of the license issued by the village.
(2)
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.[1]
[1]
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.
D.
Limitation on attachment of immobilization devices.
(1)
An additional immobilization device may not be attached
to a motor vehicle which already has an immobilization device attached
to it.
(2)
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.
(3)
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.
(4)
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.
E.
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.
F.
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.
G.
Insurance and contracts.
(1)
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.
(2)
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.
H.
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.
A.
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.
B.
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.
C.
Effect of suspension or revocation.
(1)
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.
(2)
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.
A.
It shall be unlawful for any property holder to allow,
tolerate, cause or permit any violation of this chapter on its property.
B.
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.
