[1]
Editor's Note: An ordinance of June 18, 1973, completely superseded former Art. IV on the same subject, consisting of Sections 13-55 through 13-63 and derived from an ordinance of November 5, 1962, Section 1-8B, and an ordinance of September 4, 1968, § 1.
State law references: Authority to provide for removal and
storage of abandoned vehicles, § 1640, Subdivision (a)14,
of the Vehicle and Traffic Law.
[Ord. of 6-18-1973; Ord. of 2-3-1976, § 1; Ord. of 3-17-1981, § 1, 2; Ord. of 12-15-1981, § 1,
2]
A motor vehicle shall be deemed to be an "abandoned vehicle"
if left unattended:
(a)
With expired number plates and/or no number plates affixed thereto
for more than six hours on any highway or other public place;
(b)
For more than 24 hours on any highway or public place, except a portion
of a highway or public place on which parking is legally permitted;
(c)
For more than 48 hours after the parking of such vehicle shall have
become illegal if left on a portion of a highway or public place on
which parking is legally permitted; or
(d)
For more than 96 hours on property of another if left without permission
of the owner of said property.
[Ord. of 6-18-1973; Ord. of 6-19-1978, § 1; Ord. of 12-8-1986, § 1]
If an abandoned vehicle, at the time of abandonment, has no
number plates affixed and is of a wholesale value, taking into consideration
the condition of the vehicle, of $750 or less, title shall immediately
vest in the City of Poughkeepsie.
[Ord. of 6-18-1973; Ord. of 6-19-1978, § 1; Ord. of 12-8-1986, § 2]
(a)
The City of Poughkeepsie having become trustee of an abandoned vehicle
shall make an inquiry concerning the last owner of such vehicle as
follows:
(2)
Abandoned vehicles with number plates affixed, without regard
to the value of the vehicle: to the jurisdiction which issued the
number plates for the name and address of the last registered owner
of the vehicle.
(3)
Abandoned vehicles with no number plates affixed of a wholesale
value, taking into consideration the condition of the vehicle of more
than $750: to the Department of Motor Vehicles for the name and address
of the last registered owner of the vehicle.
(b)
In those cases where the City of Poughkeepsie must make inquiry as
to the last registered owner, the city shall notify the last registered
owner, if known, that the vehicle in question has been recovered as
an abandoned vehicle and if unclaimed it will be sold at public auction
after 10 days from the date such notice was mailed by certified mail,
return receipt requested. The City shall retain certification as to
mailing and a copy of each letter sent. If the jurisdiction which
issued the number plates or the Department of Motor Vehicles notifies
the city that a lien or mortgage exists, the city shall then send
notice to the lienholder or mortgagee.
[Ord. of 6-18-1973; Ord. of 3-21-1977; Ord. of 3-9-1987, § 1; Ord. of 2-4-1991, § 1; Ord. of 11-7-1994, § 2;
Ord. of 12-4-1997, § 1]
Any person claiming an abandoned vehicle shall be required to
pay to the city an administrative fee of $50 with $65 for the cost
of removal and storage charges at the rate of $10 per day on said
vehicle.
[Ord. of 6-18-1973; Ord. of 6-19-1978, § 1; Ord. of 12-8-1986, § 3]
Title to such abandoned vehicles, if unclaimed, shall vest in
the City of Poughkeepsie 10 days from the date such notice is mailed
to the last registered owner or, if the last registered owner cannot
be ascertained, when the notice of such fact, that the registered
owner cannot be ascertained, is received by the city.
[Ord. of 6-18-1973; Ord. of 12-8-1986, § 4]
(a)
Any proceeds from the sale of an abandoned vehicle, less the expenses
incurred by the local authority for the removal and storage of said
vehicle, shall be held by the Commissioner of Finance of the City
of Poughkeepsie without interest for the benefit of the owner of the
vehicle for a period of one year from the date the vehicle is sold
by the city.
(b)
If the proceeds are not claimed within such one-year period, such
proceeds shall be paid into the general fund of the City of Poughkeepsie.
[Ord. of 6-18-1973; Ord. of 11-20-1989, § 1]
(a)
One who abandons a car. No person shall cause any
vehicle to be abandoned in the city. There shall be a rebuttable presumption
that the owner of an abandoned vehicle caused such vehicle to be abandoned.
A violation of this provision shall be punishable by a fine of not
less than $250 nor more than $1,000.
(b)
Destroying, defacing or removing parts from abandoned vehicles. No person, other than one authorized by the City of Poughkeepsie,
shall destroy, deface or remove any part of a vehicle which is left
unattended on a highway or other public place without number plates
affixed or which is abandoned. A violation of this section shall be
a Class A misdemeanor.
[Ord. of 6-18-1973]
It shall be unlawful for any person to abandon, leave, suffer
or permit any vehicle to be left upon any public highway or municipal
property or public parking area beyond the period such vehicle may
lawfully be left parked thereon.
[Ord. of 6-18-1973; Ord. of 7-15-1985, § 1; Ord. of 2-7-1994, § 1; Ord. of 11-21-1994, § 1; Ord. No. O-08-01, § 1]
(a)
It shall be unlawful for any person to abandon, leave, suffer or
permit any vehicle to be left upon any public highway or municipal
property or public parking area in such position thereof as shall
obstruct or impede vehicular traffic or constitute a condition dangerous
to traffic, public welfare, safety or convenience.
(b)
For the purpose of this section, the parking or leaving of a trailer, tractor trailer or part thereof, or a vehicle with more than four wheels and tires in any combination weighing more than 8,000 pounds unladen, or any commercial non-self-propelled vehicle, on a public highway in an area zoned as a residential district, pursuant to Chapter 19 of this Code of Ordinances, shall be deemed to be an obstruction or impediment to vehicular traffic and a condition dangerous to traffic, public welfare, safety or convenience. Any such vehicle shall not be in violation of this subsection when it is so parked while loading or unloading goods or merchandise or while parked in connection with the performance of a service to a property in the block on which such vehicle is parked.
(c)
For the purpose of this section, the parking or leaving of a boat on a trailer on a public highway in any zoning district other than a Waterfront District or Transportation Center District, pursuant to Chapter 19 of the Code of Ordinances, shall be deemed to be an obstruction or impediment to vehicular traffic and a condition dangerous to traffic, public welfare, safety or convenience.
(d)
A violation of this section shall be punishable by a fine of $100.
[Amended by Ord. No. O-16-10, 12-5-2016]
[Ord. of 6-18-1973]
Notwithstanding the definition of the word "abandon" as used
herein, it shall be unlawful for any person to park or leave any vehicle
unattended so as to constitute an obstruction to traffic upon any
public highway or municipal property or public parking area during
any period of public emergency declared by the City Administrator.
[Ord. of 6-18-1973; Ord. of 4-4-1983; Ord. of 11-7-1994, § 3]
Any vehicle parked or abandoned in violation of Section 13-62, 13-63, 13-64 or 13-113 or authorized to be seized and vouchered, pursuant to the City of Poughkeepsie Police Department policy and procedures, shall be removed and stored by the city or pursuant to any contract or agreement entered into by the city for towing services. Any person claiming a vehicle removed and stored pursuant to this section shall be required to pay to the City of Poughkeepsie the amount and/or costs set forth in Section 13-58 of this Code of Ordinances.
