A.
In addition to any other penalties or fines imposed for the violation of any law, rule or regulation, this article shall apply to motor vehicles parked in any fire safety zone designated in § 108-2, or which:
(1)
Either violate any provision of any municipal, state or county ordinance,
law, rule or regulation or have three or more outstanding and unpaid
parking violations issued against them for parking violations that
occurred in the unincorporated Town of Mamaroneck; and
(2)
Are located:
(a)
On any property owned by, leased by or in the possession and
control of the Town;
(b)
On any public highway or private road located in the unincorporated
Town of Mamaroneck, whether or not open to public travel, paved or
unpaved;
(c)
In any public parking lot located in the Unincorporated Town
of Mamaroneck; or
(d)
In any parking area of an office building, office building complex,
place of public assembly, shopping center, private apartment house
complex, private condominium complex or cooperative apartment complex
located in the unincorporated Town of Mamaroneck whose owner or the
person in general charge of the operation and control of such area
has made a written request to the Town pursuant to New York Vehicle
and Traffic Law § 1660-a.
(3)
For the purpose of this article, "outstanding and unpaid parking
violations" do not include parking tickets which, by their terms,
are not yet required to be paid or parking tickets which are outstanding
and unpaid because the owner or lessee of the motor vehicle has pleaded
"not guilty" to such ticket and there has not yet been an adjudication
of such ticket.
A.
A police officer is authorized to provide for the removal of any motor vehicle meeting the description contained in § 219-71 to an impound yard or storage facility maintained by a company or individual with which the Town has entered into a contract to tow, impound or store motor vehicles.
B.
If the removed motor vehicle is registered with the State of New York, the Police Department shall advise the owner of the place where the motor vehicle may be recovered and the conditions under which it will be released by sending a certified letter with such advice to the motor vehicle's registered owner or lessee, at the address shown for him, her or it on the records of the New York State Department of Motor Vehicles. Such letter shall be mailed no later than the first business day after a motor vehicle has been removed. If the removed motor vehicle is not registered with the State of New York, the Police Department shall use its best efforts to advise the owner of the place where the motor vehicle may be recovered and the conditions under which it will be released. The Police Department's failure to comply with this section shall not entitle the owner or the lessee to recover the removed motor vehicle without paying the amounts required to be paid pursuant to § 219-74.
No removed motor vehicle shall be released to anyone other than
its registered owner, that owner's representative or the motor vehicle's
lessee. Such person must establish his or her identity and, in the
case of a person other than the registered owner or lessee, must establish
that he or she has the registered owner's or the motor vehicle's lessee's
permission to take possession of such motor vehicle. No removed motor
vehicle shall be released unless the person to whom it is released
has signed a receipt therefor.
Before a removed motor vehicle is released, proof that the following
items have been paid in full must be exhibited to the person in charge
of the impound yard or storage facility to which the motor vehicle
was removed:
A.
All sums due to the Town for any outstanding and unpaid violations
of this chapter or the NY State Vehicle & Traffic Law that occurred
within the unincorporated Town of Mamaroneck, including penalties
and interest, if any;
B.
The cost of towing;
C.
The cost of storage for each day or portion of a day that such motor
vehicle is so stored; and
A.
The Town Administrator is authorized to enter into contracts on behalf
of the Town with one or more companies to tow, impound and store any
motor vehicle which:
(1)
Is parked where or during times when stopping, standing or parking
is prohibited in the parking lots owned by the Town or on a public
highway;
(2)
Is parked in a parking lot owned by the Town or on a public highway
during a storm, flood, fire or other public emergency if the Police
Department or the Highway Department determines that it is in the
Town's best interest to remove such motor vehicle;
(3)
Is parked unattended in a parking lot owned by the Town or on a public
highway if the Police Department or the Highway Department determines
that such motor vehicle constitutes an obstruction to traffic; or
B.
Each such contract shall specify that the company performing the
service shall charge the owner or the lessee of a motor vehicle a
reasonable amount for towing, impounding and storing that motor vehicle.
The Town shall not be liable to the company for payment of any fees
whatsoever. It is not mandatory that such contracts provide for the
company to pay a fee to the Town; however, at the Town Administrator's
discretion, he/she may request proposals for such contracts that would
require each company that submits a proposal to designate, either
by a fixed sum or by a percentage of revenue collected, the amount
that it would pay to the Town during the term of such contract.
C.
Each company which enters into a contract with the Town to tow, impound
and store motor vehicles shall supply proof satisfactory to the Town
Administrator that the company is insured against personal injury
and for property damage in an amount per occurrence that is satisfactory
to the Town Administrator and that it possesses all of the licenses
required to tow, impound and store motor vehicles. Unless waived by
the Town Administrator, each such insurance policy shall provide that
the Town is an "additional insured" under that policy. On or before
the expiration or termination date of any insurance policy or license
which a company is required to maintain pursuant to this section,
that company will supply the Town Administrator with proof that such
insurance policy has been renewed or replaced by an insurance policy
which is satisfactory to the Town Administrator and that such license(s)
have been renewed. From time to time, the Town Administrator may request
each such company to produce proof that the required insurance policy
and/or licenses are in full force and effect and that the Town is
an "additional insured" on the insurance policy.
D.
Each company which enters into a contract with the Town to tow, impound
and store motor vehicles shall act in accordance with all applicable
laws, rules and regulations concerning the towing, impounding and
storage of motor vehicles.
