A.
Any violation of the provisions of the vehicle and traffic law in
this code shall be returnable by summons to the Malverne Village Court.
B.
These penalties are to apply generally to all violations of any vehicle
and traffic law provision in this code unless a different penalty
has been enacted relating to a specific provision of the vehicle and
traffic law code. All specific fine assessments for parking and other
violations of this code shall be subject to determination and revision
by the passage of a resolution from the Board of Trustees, including
penalties for late payment of fines after a specific court date. (See
Appendix B for present 2016 schedule of fines.[1])
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
C.
Removal of vehicles for nonpayment of parking tickets.
(1)
Removal authorized. Any vehicle parked on a public highway, street,
and/or thoroughfare; in a municipal parking lot or field; or on other
property owned, leased or under the control of the Incorporated Village
of Malverne, may be removed or caused to be removed by the Police
Department of the Incorporated Village of Malverne where report has
been made that three or more delinquent parking tickets or summonses
have been issued to such vehicle, or to any individual, entity, or
corporation in whose name such vehicle is registered, for violation
of any Village parking ordinance or violation of any rule, regulation
or designation of the Village Traffic Commission, with regard to parking.
(2)
A parking ticket and/or summons will be deemed to be delinquent if
such ticket and/or summons is otherwise adjudicated by the return
date of said ticket or summons, or a duplicate ticket has been answered,
plead or otherwise adjudicated by the return date of such ticket and/or
summons but the prescribed fine imposed by plea of or finding of guilt
has not been paid within the time prescribed by court or rule.
(3)
Impoundment and storage of vehicles. Any vehicle removed pursuant
to this article shall be impounded and stored in a place designated
by the Chief of Police or any superior officer acting in his stead,
and shall be held until it is redeemed or disposed of pursuant to
Vehicle and Traffic Law § 1224.
(4)
Lien. All sums due for delinquent parking tickets and/or summons
from the Incorporated Village of Malverne, as well as all fees for
towing, impounding and storage of any vehicle removed pursuant to
this article, shall be a lien on any vehicle so impounded.
(5)
Unclaimed vehicles. Any vehicle removed pursuant to this article,
which is not claimed by its registered owner or the authorized agent
of the owner, pursuant to written authorization, within 10 days of
the impounding of such vehicle, shall be deemed to be abandoned and
shall be disposed of pursuant to Vehicle and Traffic Law § 1224.
(6)
Redemption; fee. Any person or entity redeeming any vehicle removed
pursuant to this article shall, prior to obtaining such vehicle, be
required to satisfy all past delinquent parking tickets and/or summons
issued to such vehicle or to any individual, entity, or corporation
in whose name such vehicle is registered, and to pay an impound fee,
in cash or certified funds, in such an amount as to be determined
from time to time by resolution of the Board of Trustees of the Incorporated
Village of Malverne, together with the actual cost of all fees for
towing and storage of such vehicle.
